Telecom Square USA, Inc. Mobile-Communication Device Rental Service (Daily Plan) Basic Terms of Service
Article 1: Definitions
The following shall have the respective meanings in the Terms as described.
(1) Service: Daily plan rental service for a mobile communication device provided by the Company.
(2) Subscribers: Individuals and/or corporations, who use the Service and/or apply for the Service.
(3) Daily plan: Service whose minimum contract unit is a day.
(4) Timer-type billing method: In regards to usage fees, method of service to calculate the usage fees based on the call time indicated by the timer built in the mobile communication devices.
(5) Mobile communication devices: Communication device terminals comprising the Service (SIM, handset) and ancillary devices.
(6) Subscribers’ devices: Devices or software owned by the Subscribers.
(7) Compensation insurance: System by the Company to compensate for loss, theft, and breakage of mobile communication devices, within a specified scope during the usage period of the Service.
(8) Individual terms: New terms, regulations or precautions on specific matters offered by the Company separately from the Terms.
(9) Corporations: the Subscribers, who are corporations, various organizations, approved by the Company as payers by bank remittance upon receiving invoices (hereafter “payment on invoice”).
(10) Individuals: the Subscribers other than (9) above.
(11) Communications: Calls and data communication.
(12) Usage fees: Cancellation fees stipulated in Article 6 [Cancellation of application and cancellation fees], usage fees stipulated in Article 11 [Usage fees and other costs], and other costs.
Article 2: About the Terms
1. The Terms shall specify basic conditions upon using Daily plan.
2. Individual terms shall constitute a section of the Terms. If stipulations in the Terms are different from those of individual terms, individual terms shall be applicable preferentially over the Terms.
3. The Subscribers shall agree on the Terms as well as the individual terms upon using the Service.
4. The Company may change the Terms without notice and the Subscribers shall comply with the Terms after such change.
5. The Company may change or terminate without notice usage fees, as well as services, discounts.
Article 3: Policy on handling personal information
Article 4: Application
1. The rental contract shall take effect when the Subscribers apply for the Service with the method stipulated by the Company and the Company acknowledges the relevant application as appropriate and notifies the Subscribers of acceptance of application.
2. The Company shall make the notification stipulated in the above section with the method recognized as appropriate by the Company, such as emails and, letters
3. The rental contract shall take effect even if confirmation of acceptance of application in Section 1 is delayed due to the convenience of the Subscribers.
4. The following persons may not apply for the Service.
(1) Minors who are less than 13 years old. Minors who are 13 or older but less than 18 years old must have their parent’s or legal guardian’s permission..
(2) Persons whose specified credit cards are subject to suspension of usage by credit card companies, receipt agencies, and/or financial institutions.
(3) Persons who have neglected payment of usage fees in the past.
(4) Persons who have engaged in criminal acts or who have taken actions that could lead to criminal acts in the past.
(5) Organized crime groups, members of organized crime groups, companies related to or associates of organized of crime groups, and other equivalent persons to the above; persons who stopped being one of the above within the past 5 (five) years.
(6) Persons who are either barred or otherwise legally prohibited from receiving or using the Service under the laws of the country in which they reside.
(7) Other persons determined inappropriate to apply by the Company.
5. The model of mobile communication devices shall be determined by the Company.
6. In the case of applying as an individual, the same subscriber cannot apply for 6 (six) or more devices at the same time.
7. The Company may request a security deposit or a deposit by a credit card (hereafter, “deposit”) depending on the contract (number of devices, period, and others) to the Subscribers.
8. If a subscriber, who has filed a valid application, subsequently desires to change the method of payment from credit card payment to payment on invoice or vice versa, or seeks a change or first-time application of a specified campaign code and corporate special clause, need to cancel the application underlying the concluded agreement and file a new application pursuant to the prescribed method of the Company for such application.
Article 5: Cancellation of application and cancellation fees
1. In the case that the Subscribers indicate intention to cancel the rental contract to the Company prior to the receipt of mobile communication devices, the relevant rental contract shall be considered as cancelled.
2. Methods to indicate intention of cancellation stipulated in the above section shall include the following: the Subscribers indicate intention of cancellation by contacting the Company by way of email, telephone, or other methods.
3. In the case that indication of cancellation under the above section is made 4 (four) business days before the planned day to receive mobile communication devices or later, the Company shall charge $60 per device as cancellation fees.
4. In the case that the Subscribers do not show up at designated counters operated by the Company (the “Counters”) on the specified date even if receipt at the Counters is specified at the time of application, the Company shall consider it as intention of cancellation by the Subscribers, and charge the cancellation fees in accordance with the above section.
5. Rental agreements of the Subscribers cannot be cancelled in the following cases.
(1) When the subscriber has physically taken receipt of the mobile communication device at the Counters.
(2) After the scheduled shipment date has arrived in cases where a shipment destination has been specified by the subscriber
Article 6: Changes in application
1. The Subscribers shall promptly indicate intention to change the contract details to the Company in the case that there are changes in the delivery address, destination of travel, travel period, application details.
2. If the Subscribers use mobile communication devices and return them prior to the planned day of return, the fact of return shall be regarded as indication of intention in the above section.
3. The Company shall take the change procedure if intention stipulated in Section 1 is indicated no later than 15:00 CST 4 (four) business days before the planned day to receive mobile communication devices. However, the relevant change may not be made depending on the status of inventory of mobile communication devices.
4. The Company is unable to take the change procedure if intention stipulated in Section 1 is indicated later than 15:00 CST 4 (four) business days before the planned day to receive mobile communication devices.. Provided, however, that procedures for changing the date, method, or place of mobile communication device returns can be accommodated by the Company also later than 15:00 CST 4 (four) business days before a scheduled handover date.
Article 7: Contract Unit/Contract Period
1. The contract unit is on a daily basis, in accordance with CST.
2. The contract period shall be from the first day to the last day of contract. The first day and the last day of billing of usage fees charged on a daily basis are identical to the first day and the last of contract, respectively.
3. The first day of contract shall be the day specified by the Subscribers at the time of application.
4. The last day of contract shall be the day specified by the Subscribers at the time of application.
5. In the case that the Subscribers extend contract period after applying for compensation insurance, The Subscribers shall pay the fees on the compensation insurance for the extended contract period.
Article 8: Cancellation
1. In the case that actions by the Subscribers fall under any one of the following paragraphs, the Company may immediately cancel the contract without any warning.
(1) Article 4 [Application] Section 4 is relevant.
(2) Any matters stipulated in Article 14 [Prohibited matters for the Subscribers.] are relevant.
(3) The Subscribers continue to use the Service after 7 (seven) days or longer from the planned day of return without notice.
(4) The Subscribers neglect obligation to pay usage fees.
(5) Credit status for the Subscribers deteriorates or there is an adequate cause to recognize the possibility of such deterioration.
(6) There are other actions to considerably ruin the trust relationship between contracting parties.
2. In the case of the above section, the Company shall settle usage fees from the credit card number presented by the Subscribers at the time of application, without obtaining approval from the Subscribers, and the Subscribers shall agree to it.
Article 9: Payment method
1. Payment shall be made with one of the following methods in principle.
(1) Credit card payment: Method to settle with a credit card.
(2) Payment on invoice: Method to cut off at the end of every month and pay to the bank account of the Company by the last day of the following month.
2. In the case of usage by individuals, only credit card payment is accepted.
3. In the case that the Company settles credit card payment without the presence of the Subscribers, the Company shall settle it in accordance with the payment information attained at the time of application without obtaining approval from the Subscribers. The Subscribers shall contact the Company promptly if they have any inquiries about usage fees of billing statements.
4. If usage fees cannot be settled with a credit card presented by the Subscribers, upon application and if payment is not received with other methods and there is a deposit by credit card under Article 4 [Application] Section 6, the Company shall settle them with the deposit without consent from the Subscribers and the Subscribers shall agree to it.
Article 10: Usage fees and other costs
1. Usage fees for the Service shall be separately stipulated on the website of the Company as well as application forms.
2. In the case of each of the following paragraphs, the Subscribers shall bear the following costs in addition to usage fees stipulated in the above section.
(1) Costs of bank remittance between the Subscribers and the Company in the case of payment on invoice.
(2) Costs of bank remittance between the Subscribers and the Company in the case that a service requiring deposit money is used as separately stipulated by the Company.
(3) Compensation stipulated by the Company in the case that mobile communication devices are lost, stolen or broken (this stipulation may not be applicable if “Compensation insurance” is subscribed.)
3. In the case of each of the following paragraphs, the Subscribers shall bear usage fees, corresponding to the following costs in addition to usage fees stipulated in Section 1.
(1) Relevant costs of communication in the case that the Subscribers use the rental terminal after the contract is cancelled as stipulated in Article 9 [Cancellation].
(2) Relevant costs of communication, in the case that mobile communication devices, are lost or stolen and illegally used by a third party (This stipulation is relevant even if the Company is notified as stipulated in Article 20 [Loss, theft, or breakage of communication devices] and illegal use occurs by the time when the line is actually suspended.)
(3) Relevant costs of communication, in the case of usage in countries or regions not reported at the time of application.
(4) Costs of communication, that occur while the Subscribers, do not recognize due to reasons including that an application in mobile communication devices is left running, key lock on mobile communication devices is forgotten, software is automatically updated.
(5) Costs of communication for multiple lines in the case that mobile communication devices are used for conference calls.
4. Subscribers shall pay usage fees on the time using mobile communication devices when used with calling cards, credit calls, toll-free calls, collect calls, prepaid cards, etc. in the case of timer-type billing method.
Article 11: Various precautions about settlement in regards to timer-type billing method
In the case of timer-type billing method, Subscribers shall agree on the following matters.
(1) Call time, communication time, etc. that become the basis of fee calculation shall be finalized when staff of the Company confirms Subscribers at the time of return.
(2) In the case that the courier service is selected as the return method, the Company shall consider that the confirmation in the above section is made when mobile communication devices arrive at the Company.
(3) The Company shall not provide call detail records to Subscribers
(4) Even in the case that the timer-type billing method is chosen in the contract, settlement may be with the CDR-type billing method in the event that the timer cannot be confirmed due to unforeseen accidents, etc. such as loss, etc. of mobile communication devices.
Article 12: Prohibition to transfer rights and obligations
The Subscribers may not assign, transfer, or offer as collateral the rights and obligations arising in relation to application.
Article 13: Duty of diligence
The Subscribers shall use the Service with the care of a good manager.
Article 14: Prohibited matters for the Subscribers
The Subscribers may not take the following actions.
(1) Criminal acts, or acts that could lead to crimes.
(2) Acts that are or could be offensive to public order and morals, or that breaches or could breach on other laws and ordinances.
(3) Acts to disassemble, alter, repair, assign, lend, resell, change subscriber’s name of mobile communication devices, pledge, or otherwise offer as collateral the mobile communication devices.
(4) Acts to list or indicate the numbers of mobile communication devices on printed materials that become public.
(5) Acts to remove the SIM from mobile communication devices, in the case of terminals for which the Company prohibits removal of the SIM.
(6) Acts to change the PIN number on mobile communication devices for which the Company establishes the PIN number.
(7) Acts to use mobile communication devices with a method other than methods specified by the Company or regular methods.
Article 15: Share of damages by the Subscribers
1. In the case that the Subscribers cause damages to the Company due to reasons attributable to the responsibility of the Subscribers in relation to the use of the Service, the Subscribers shall be responsible for compensation for damages.
2. In the case that the Subscribers cause damages to a third party or disputes arise with a third party in relation to the use of the Service, the Subscribers shall resolve them at their own responsibility and expense, and not cause the Company to bear any responsibilities.
Article 16: Limitation in the scope of compensation by the Company
In the event that the Subscribers suffer from damages due to reasons attributable to the responsibility of the Company, the Company shall bear the responsibility for direct and normal damages caused to the Subscribers within the scope of usage fees for the Service, and not bear the responsibility for special damages such as lost earnings regardless of foreseeability.
Article 17: Scope of responsibility by the Company in relation to problems with connection
The scope of responsibility in relation to problems with connection for mobile communication devices in the Service (hereafter the “problems with connection” ) shall be limited to troubles deriving from failure of mobile communication devices, provided by the Company. In the case that problems with connection occur from events stipulated in any one of the following paragraphs, the Company shall bear no responsibility.
(1) Problems with connection deriving from handling or use of devices by the Subscribers.
(2) Problems with connection deriving from specification, operation, set-up, compatibility of devices owned by the Subscribers.
(3) Problems with connection deriving from the convenience of the communication company, service provider, or application provider.
(4) Problems with connection deriving from the influence of radio wave interference from the surrounding terrain, obstacles like buildings, radars, home electric appliances, when the Subscribers use mobile communication devices.
(5) Problems with connection deriving from force majeure such as natural disasters.
(6) Problems with connection deriving from other reasons not attributable to the responsibility of the Company.
Article 18: Policy for fair usage of data communication
The Subscribers shall agree to the following matters.
(1) When a communication company within and outside of Japan identifies a massive volume of data communication, the communication volume for the line may be limited without prior notice in order to maintain network quality and fair usage of radio waves. For this reason, Internet connection may be lost or the communication speed may decrease.
(2) In the event of usage restriction to mobile communication devices, due to the reason in the above section, the Company shall take no responsibility and the Subscribers, shall pay the usage fees to the Company.
Article 19: Agreed matters relating to suspension of usage
If one of the following paragraphs is relevant, the Company may suspend or temporarily interrupt the Service and the Subscribers shall bear the usage fees, corresponding to the period.
(1) Article 9 [Cancellation] is relevant.
(2) Article 14 [Prohibited matters for the Subscribers] is relevant.
(3) Other unavoidable cases due to technical reasons or for execution of the Company’s business.
Article 20: Loss, theft, breakage of communication devices
1. The Subscribers shall bear compensation stipulated by the Company in the case that mobile communication devices are lost, stolen or broken.
2. Subscriber shall notify the Company without delay in the case that mobile communication devices are lost, stolen or broken.
3. In the case of loss and theft in the above section, the Company shall request the communication company to suspend the communication line relating to the Service without delay, after receiving the notification of the Subscribers.
4. In the case of illegal usage by a third party prior to suspension of the line in the above section, the Subscribers shall bear the usage fees, corresponding to the cost of communications used.
Article 21: Compensation insurance
The Subscribers shall agree on the following matters.
(1) In the case that the Subscribers have received mobile communication devices, compensation insurance cannot be subscribed to or canceled.
(2) Compensation insurance shall indemnify a part of the compensation relating to loss, theft and breakage of mobile communication devices, and not indemnify fees for communication, until suspension of the line as well as lost earnings by the Subscribers, due to loss, theft and breakage.
(3) When compensation insurance is subscribed and loss or theft of mobile communication device occurs, the Subscribers shall submit a theft report certificate issued by a local police office or an equivalent document as evidence of such theft.
Article 22: Other agreed matters by the Subscribers
The Subscribers shall agree on the following matters and the Company shall take no responsibility.
(1) If The Subscribers use data roaming with the Subscribers’ devices, while using the Service, the Subscribers may receive a separate charge from the communication company that the Subscribers are using.
(2) If the Subscribers use the Subscribers’ devices to use the Service, the Company shall not guarantee any operations that rely on specifications of the relevant devices as well as compatibility with the purpose of usage.
(3) Mobile communication devices may not be delivered to the Subscribers, by the desired day of receipt due to delay in transportation by a courier company.
(4) If it is necessary to know the PIN number established by the Company due to reasons including dial lock of the mobile communication devices, the Subscribers need to bring in the product to the Company.
Article 23: Governing law and jurisdiction
1. This Agreement shall be governed by the laws of the State of New York, without giving effect to its choice of laws or provisions. Any legal action or similar proceedings shall be instituted and held in New York County, New York, and the Subscribers consent to the exclusive venue and jurisdiction of the courts in New York. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.
Handling of personal information The Company uses personal information, such as name, address, phone number, email account, for the following purposes, after taking necessary measures for the protection of information:
(1)rental mobile phone/data communication service and their ancillary services
(2)seminar, exhibition, product presentation, direct mail, email about the services and products
(4)analysis of customers' usage, analysis for service quality improvement
(5)inspection of and measures against illegal contract, illegal usage, nonpayment
(6)the company may disclose personal information to a third party for the above purposes.
Telecom Square USA Inc
7703 Lakeside Manor LNPearland, TX 77581
Tel: 855-412-4500Fax: 281-412-3005E-mail: email@example.com
Copyright © Telecom Square USA, Inc. All Rights Reserved.