WiLD SIM Data Terms and Conditions
JCN Corporation (hereinafter referred to as the "Company") has agreed to the following WiLD SIM Data Plan Terms and Conditions (hereinafter referred to as the "Terms")
As stipulated and provided.
Chapter I General Provisions
Article 1 (Definition)
Terms in these Terms are defined as follows:
(1) “SIM Card” means an IC card that records the Subscriber's information, which is loaned under these Terms.
(2) “Mobile Phone Operator” means a mobile phone operator that directly or indirectly enters into an interconnection agreement or other agreement with the Company for the provision of wireless data communication and line exchange services. The mobile phone operator is NTT Docomo, Inc.
(3) "Wireless data communication" refers to wireless data communication provided by a mobile telephone operator to transmit codes by a packet exchange method.
(4) "Universal Service Fee" refers to the fee determined by the Company based on the amount calculated in accordance with the Rules for Calculation of Grants and Contributions, etc. (Ordinance of the Ministry of Internal Affairs and Communications No. 64 of 2002) for the provision of basic telecommunications services, in order to be allocated to the contribution for securing the provision of basic telecommunications services as stipulated in the Telecommunications Business Act (Act No. 86 of 1984).
(5) "Telephone Relay Service Fee" refers to the fee determined by the Company based on the amount calculated by the Telephone Relay Service Support Organization in accordance with the Ordinance for Enforcement of the Act on Facilitation of Use of Telephones by Persons with Hearing Impairment, etc. (Ordinance of the Ministry of Internal Affairs and Communications No. 110 of 2020) to allocate the contribution to the expenses required for providing telephone relay services by the Telephone Relay Service Support Organization as stipulated in the "Act on Facilitation of Use of Telephones by Persons with Hearing Impairment, etc." (Act No. 53 of 2020).
(6) “Subscriber Line” means a telecommunications line used by Subscriber under an agreement for the Services.
(7) "Terminal equipment" refers to equipment of terminal equipment of the type specified in the Regulations on Technical Standards Conformity Certification of Terminal Equipment (Ordinance of the Ministry of Internal Affairs and Communications No. 15 of 2004).
(8) "Self-employed terminal equipment" means the terminal equipment (including equipment sold by the Company to the Subscriber) provided by the Subscriber to use the SIM card.
(9) “Agreed Operator” means a telecommunications operator who has entered into an interconnection agreement or other agreement with the Company.
(10) “Consumption Tax Equivalent Amount” means the amount of consumption tax levied pursuant to the provisions of the Consumption Tax Act (Act No. 108 of 1963) and the laws and regulations relating thereto, and the amount of local consumption tax levied pursuant to the provisions of the Local Tax Act (Act No. 226 of 1950) and the laws and regulations relating thereto.
Article 2 (Units of Contract)
- The Company shall conclude one Service Agreement for each Service.
- The Subscriber may apply for a maximum of five (5) contracts for the Services.
Article 3 (Service)
This service connects to the Internet by interconnecting with wireless data communication using a line provided by a mobile phone operator. It is an air communication service.
Article 4 (Terms)
- The Contractor shall use the Service in accordance with these Terms and other provisions concerning the Service.
- We may change these Terms. In this case, the terms of use of the Service are subject to the updated Terms.
Article 5 (Application for and Start of Use of the Service and Additional Functional Services)
1. The user agreement for the Service shall be based on the acceptance of the Terms by the user of the Service, and the access to the Service shall be in accordance with the procedures separately stipulated by the Company.
Without an application, it shall be established when the Company registers the applicant as a subscriber of the Service.
2. The start date of the Service, which will be the billing start date of the Service, shall be designated by the Company.
3. If the same contractor exceeds the maximum number of contracts stipulated in Article 2, Paragraph 2, the Company shall
no accept any other applications.
Article 6 (Contracts with Mobile Phone Providers)
I acknowledge that when using this service, in order to receive wireless data communication, the contractor shall, based on the agreement stipulated by the mobile phone operator, at a connection agreement has been entered into between the contractor and the mobile phone operator, and the connection agreement will be terminated upon termination of my use of the Service.
In that case, the Company shall broker the application and cancellation of the connection contract with the mobile phone operator. It should be noted that the terms and conditions stipulated by the mobile phone operator:
Currently, the 3G communication service agreement and the 4G communication service agreement are the same, but in the event of an update, the updated agreement will be followed. Please note that,
No special procedures are required for contractors.
Chapter II The Service
Article 7 (Communication Area)
1. The communication area of the Service shall be the same as the communication area of the mobile phone operator. This service can only be performed if the connected terminal device is within the communication area. However, even within the communication area, communication may not be possible in places where radio waves are difficult to transmit, such as indoors, underground parking lots, shadows of buildings, tunnels, mountainous areas, etc.
2. In the case of the preceding paragraph, the Contractor may not claim any damages for the unavailability of the Service from the Company, except in the case of intent or gross negligence on the part of the Company.
Article 8 (Restriction on the Use of Telecommunications)
1. The Company may temporarily restrict the use of communications in the event of technical maintenance or other unavoidable reasons for the Company's business, or in accordance with the provisions of the terms and conditions of the telecommunications services provided by mobile phone operators or the provisions of contracts concluded between mobile phone operators or agreement operators and the Company.
2. In the case referred to in the preceding paragraph, the Contractor may not claim any damages from the restriction of communication from the Company, except if caused by the intent or gross negligence of the Company.
Article 9 (Restriction of Communications Time, etc.)
1. In addition to the cases pursuant to the provisions of the preceding Article, the Company may restrict the use of communication time or from certain regions when communication is significantly inconsistent.
2. In the case of the preceding paragraph, in order to handle communications containing matters necessary for the prevention or relief of disasters, transportation, communication or power supply, or maintenance of order in the event of a natural disaster, accident, or other emergency, and communications containing matters urgently required for the public interest as a matter of priority, we may take measures to suspend the use of communications (including measures to suspend communications to subscriber lines, etc. in certain areas) other than mobile radio equipment (limited to those specified by the Company, the contracting entity, or the mobile telephone operator in consultation with those organizations) used by the organization designated by the Minister of Internal Affairs and Communications in accordance with the provisions of the Regulations for Enforcement of the Telecommunications Business Act.
3. The Company may restrict or disconnect the communication in accordance with the provisions of the Appendix when the communication time exceeds the time specified by the Company in a certain period of time, or when the communication capacity exceeds the capacity specified by the Company in a certain period of time.
4. In order to ensure fair use among subscribers and provide the Service smoothly, the Company may restrict the speed and traffic volume of communications conducted using communication procedures that continuously and heavily occupy bandwidth, such as video playback and file exchange (P2P) applications.
5. In the case of the preceding four paragraphs, the Contractor may not claim any damages from the Company due to the restriction of communication time, etc.
6. The Company may collect, analyze and accumulate information related to communications due to the restrictions on communication time stipulated in this article.
Article 10 (Measurement of Communication Time)
The communication time for this service shall be measured as follows.
(1) The communication time shall be calculated from the time when both the sender and the caller are able to communicate by connecting the contract line, etc. (when the communication is a manually connected communication and the communication partner is specified, it shall be the time when the communication partner is able to communicate with the specified partner), and shall be the elapsed time until the time when the communication ends signal by the sender or the caller and the communication becomes impossible, and shall be measured by the Company's equipment (including the equipment of the agreement operator).
(2) Notwithstanding the provisions of the preceding item, if the communication is temporarily restricted due to reasons not attributable to the sender or the receiver of the communication, such as the failure of the contract line (if the communication is temporarily restricted pursuant to Article 8 (Restriction on the use of communication), the communication time shall be the time specified separately by the Agreement Business Operator).
Article 11 (Communication Speed, etc.)
1. The communication speed specified by the Company on the Service does not indicate the upper limit of the actual communication speed, and the Contractor acknowledges that the communication speed will be reduced due to changes in the connection situation, the SIM card used by the Contractor, information and communication equipment, network environment and other reasons.
2. The Company makes no warranty regarding the communication speed in the Service.
3. The Contractor agrees in advance that messages, data, information, etc. sent or received using the Service may be damaged or lost due to radio waves, etc.
Article 12 (Granting of Subscriber Identification Number)
The assignment of the Subscriber Identification Number shall be carried out by the Mobile Phone Operator in accordance with the terms and conditions specified by the Mobile Phone Operator.
Article 13 (Contractor's Compliance Matters)
In using the Services, the Contractor agrees to and complies with the following:
(1) Host computers, network centers and access points (hereinafter referred to as "networks" in this article) the Company makes no warranty as to the contents of the information passing through the network.
(2) Being responsible for the use of information obtained through the network.
(3) The personal information of the contractor may be disclosed at the request of a judicial organization or other public organization.
(4) The Company or a third party, such as a partner of the Company, may use the personal information and historical information of the Subscriber for the purpose of displaying advertisements or other information about the services and products it provides on the Company's website or on the screen of the Subscriber's terminal device accessed by the Subscriber, or may provide the Subscriber's personal information and historical information to a third party.
(5) For the purpose of grasping the usage trend of the Service, the Company may conduct a statistical analysis of the personal information and historical information of the Subscriber, process it into a format that cannot identify the individual, and use it on its own or provide it to a third party.
(6) All communications through wireless data communication must be owned by the subscriber who received the subscriber account.
(7) In order to operate the Service, personal information such as the subscriber's account information is exchanged between us or our partners and other third parties.
(8) In addition to these Terms and Conditions, to comply with the terms, regulations and terms of use of mobile telephone operators' communications.
(9) The contractor shall maintain the equipment (precision equipment terminals) necessary to use the service at its own expense and responsibility.
(10) ID and password (hereinafter referred to as "ID information”), and other information sufficient to recognize the right to use the Service at their own risk.
(11) The management and use of ID information shall be the responsibility of the company, and the company shall not be liable for any damages suffered by the contractor due to errors in the use of ID information or unauthorized use by others, regardless of whether the contractor is intentional or negligent.
(12) For the proper operation of the Service, to transfer and receive the personal information and ID information of the Contractor with the Company, mobile phone operators or freight forwarding companies, etc.
(13) The communication may be controlled or restricted if a significant amount of communication exceeding the average usage is continuously carried out, which places an excessive load on the network of the Company and the mobile telephone operator.
(14) The Company or the mobile phone operator may optimize communications to ensure fair use of the Subscriber and provide the Service smoothly.
(15) If the Contractor falls under the prohibition in the following Article, all or part of the information transmitted or displayed by the Contractor shall be deleted or placed in a state that is not accessible to others without prior notice to the Contractor.
Article 14 (Prohibited Matters of the Contractor)
In using the Service, the Contractor shall not:
(1) Acts that infringe the intellectual property rights or other rights of others
(2) Acts that infringe upon the property, privacy or image rights of others
(3) Defaming others, or damaging their reputation or credibility
(4) Criminal acts such as fraud or business interruption, or acts that induce or incite them
(5) The act of sending or posting images or documents that are obscene, child pornography, or child abuse
(6) Acts that are linked to or are likely to be linked to drug crime, abuse of controlled drugs, etc., or acts that advertise unapproved medicines, etc.
(7) The act of advertising money lending without obtaining registration to engage in the money lending business
(8) Establishing or soliciting a pyramid scheme.
(9) Falsifying or erasing information that can be used by the Service, such as other people's websites
(10) The act of sharing one's identity information with others or putting it in a state where others can share it
(11) The act of using the Service to impersonate others (including the act of unauthorized use of the identity information of other contractors, and the act of placing details in the email header to disguise it.)
(12) Transmitting computer viruses or other harmful computer programs or leaving them in a state that others can receive them
(13) Advertising or other writing in bulletin boards, etc. managed by others (including online news, mailing lists, chats, etc.) with content or format contrary to the intention of the administrator
(14) The act of sending advertising or solicitation emails without obtaining the consent of the recipient
(15) The act of sending an email or the like (hate mail) that the recipient is disgusted with or is likely to disgust the recipient without obtaining the recipient's consent
(16) Engaging in illegal gambling or soliciting participation in illegal gambling
(17) Contracting, brokering or luring (including soliciting others to do so) illegal activities (such as the transfer of guns, etc., the illicit manufacture of explosives, the provision of child pornography, the falsification of official documents, murder, threats, etc.)
(18) The act of sending to an unspecified number of persons cruel information such as images of the murder scene of a person, information such as images of the killing and abuse of animals, or other information that is extremely disgusting to others in society in general
(19) The act of luring or soliciting a person to commit suicide, or introducing a means of suicide that is likely to cause harm to another person, etc.
(20) Promoting the posting of information that is connected to criminal or illegal activities or is likely to cause such information, or information that unreasonably defames or insults others or infringes upon privacy, by an unspecified person
(21) Other acts that are deemed by the Company to violate public order or morals or infringe upon the rights of others
(22) Unauthorized access to another person's facilities, installations, or equipment
(23) Use of the Service in a manner that significantly affects the servers, etc. managed by others, or acts that interfere with their operation
(24) Acts of linking in a manner that promotes the act while knowing that the act falls under any of the preceding items
(25) Acts that are likely to cause a lack of communication, such as intentionally generating a large number of incomplete calls
(26) Commercial advertising or solicitation to an unspecified number of third parties using an automatic telephone dialing system or using synthetic or recorded audio without obtaining the consent of the person
(27) The act of using an automatic dialing system or using synthetic voice communication or recorded voice, etc., to communicate with a disgusted third party
(28) Changing or erasing the phone number or other information on the SIM card
(29) When a terminal device capable of acquiring location information is connected to a subscriber line and has it in the possession of another person, it violates the privacy of the holder or is likely to do so
(30) Other acts that violate laws and regulations, public order, or seriously infringe upon the rights of others, or that are likely to do so
(31) Acts that Party A determines may fall under the preceding items
Chapter III Terminal Devices and SIM Cards
Article 15 (Contractor's Obligations for the Use of Terminal Devices)
1. The Contractor shall maintain the terminal equipment to comply with the technical standards prescribed by the Telecommunications Business Act and the Radio Law (hereinafter referred to as "Technical Standards").
2. The Contractor shall comply with the following for the terminal equipment:
(1) Do not modify, alter, disassemble, or damage the terminal equipment, or connect wires or other conductors to the equipment. However, this does not apply when it is necessary to protect the terminal device in the event of a natural disaster or other emergency.
(2) Do not intentionally leave it on the connecting line, or perform any other act that interferes with the transmission or exchange of communications.
(3) Do not read, change or erase the subscriber identification number or other information registered on the terminal device.
Article 16 (This SIM Card)
1. This SIM card is required to use the Service. This SIM card is loaned to the Subscriber by the mobile operator and is not transferred.
2. The Contractor shall manage this SIM card with the care of a good administrator.
3. The Subscriber shall not allow any third party other than the Subscriber to use this SIM card, nor shall it lend, transfer, sell, etc.
4. The Contractor shall bear any damages caused by inadequate management of this SIM card, use errors, use of third parties, etc., and the Company shall not be liable for any damages. In addition, all fees, etc. incurred by a third party due to the use of this SIM card shall be borne by the contractor who is responsible for the management of the SIM card.
5. If it is discovered that the SIM card is being used by a third party, the Contractor shall immediately contact the Company and follow the instructions of the Company, if any.
6. Only if the SIM card fails due to reasons not attributable to the Contractor, the Company shall repair or replace the SIM card at its own expense (it shall not be possible to replace different types of SIM cards. The same shall apply hereinafter.
7. The Subscriber shall not read out, alter or erase the subscriber identification number or other information registered on this SIM card.
8. The Contractor shall not make any changes or damage to this SIM card that will interfere with the business of the Company, mobile phone operators and third parties. If this SIM card fails for reasons attributable to the Contractor, the cost of repair or replacement shall be borne by the Contractor. In this case, the Contractor shall pay the Company for the cost of repair or replacement.
9. The Subscriber shall pay the SIM card usage fee to the Company, including the usage fee of the Service.
10. If the Subscriber uses a SIM card other than this SIM card, the Subscriber may not be able to provide the Connected Services in the Service, and at the same time, there may be a malfunction in the communication facilities of the Company and the mobile phone operator. The Contractor shall be liable for any damages caused to the Company, mobile phone operators and third parties as a result of the Contractor's use of a SIM card other than this SIM card.
Article 17 (Registration of Subscriber Identification Number, etc.)
Registration, etc. of the Subscriber's Subscriber Identification Number shall be carried out by the Company through the Agreed Service Provider in accordance with the terms and conditions specified by the Mobile Phone Provider.
Article 18 (Self-Employed Terminal Equipment)
1. The Contractor shall prepare and maintain, at its own expense and responsibility, the equipment necessary for the use of the Services.
2. If the equipment required to use the Service does not conform to the technical standards, the Contractor shall not be able to use the Service with the Self-operated Terminal Device.
3. In the case of the preceding paragraph, the Company shall not be liable for any damage caused to the Contractor or a third party.
Chapter IV Suspension, Temporary Suspension, Suspension of Use and Cancellation of Provision
Article 19 (Interruption of Provision)
1. The Company may suspend the provision of the Services in any of the following circumstances:
(1) When it is unavoidable for the maintenance or construction of the telecommunications facilities of the Company or the agreement operator or mobile phone operator.
(2) When restricting the use of communications pursuant to Article 8 (Restriction on the Use of Communications) or Article 9 (Restriction on the Time of Communications, etc.).
(3) When restricting the use of communications in accordance with the mobile phone operator's agreement.
2. The Company shall not be obliged to compensate for any interruption of use under this Article, nor shall the Company refund all or part of the fees for the Service.
3. Even if there is a discontinuance of use under this Article, the fee for use of the Service (monthly fee such as basic monthly fee, universal service fee, etc.) will be charged.
Article 20 (Temporary Suspension of Use at the Request of the Contractor)
1. When the Company receives a request from the subscriber in the manner prescribed by the Company, the Company shall temporarily suspend the use of the Service (meaning that the Subscriber Identification Number shall be temporarily unavailable without being transposed elsewhere. The same shall apply hereinafter). In addition, in the event of a temporary suspension of such use, the Contractor shall pay the Company the suspension fee stipulated in the Appendix.
2. In accordance with the preceding paragraph, if the contractor who has received a temporary suspension of the use of the Service requests the cancellation of the temporary suspension of the use, it shall be carried out in the manner prescribed by the Company. In addition, if the temporary suspension of the use is cancelled, the Contractor shall pay the Company the reopening fee prescribed in the appendix.
3. The procedure for the temporary interruption of the use of the Service and the cancellation of such temporary interruption of use shall be completed after a certain amount of time has elapsed since the receipt of the request. After the request for the temporary interruption of such use, the fee incurred until the completion of the procedure shall be borne by the Subscriber, regardless of whether it is used by the Subscriber or not.
4. Even if there is a temporary interruption in the use of this service, the fee for the use of this service (monthly basic fee, universal service fee, etc.) will be charged.
Article 21 (Suspension of Use)
1. In addition to the cases specified as the specifications of the Service, the Company shall be able to suspend the provision of the Service without notifying the Subscriber in advance if the Subscriber falls under any of the following.
(1) If the fee or other debt for the Service is still not paid after the payment date (including when there is no payment by the method specified by the Company, and when the payment is made after the payment date and the Company cannot confirm the fact of payment).
(2) When it is found that the content of the application for the Service is contrary to the facts.
(3) If the contractor fails to notify the Company of any change in the information notified to the Company, or the content of the notification is found to be contrary to the facts.
(4) When the contractor confirmation specified in Article 40 (Contractor Confirmation) is not answered.
(5) When using this SIM card with a self-employed terminal device that does not comply with the technical standards in violation of the provisions of Article 18 (Self-employed terminal device).
(6) When an act that interferes with or is likely to interfere with the Company's business or the telecommunications equipment related to the Service is carried out.
(7) When the Service is used in a manner that causes serious hindrance to other contractors.
(8) When the Service is used in an illegal manner.
(9) When the service does not use wireless data communication for 1 year.
(10) When a court, investigative agency, or other public institution (including but not limited to a police station) makes a request or application to the Company for suspension of the line or termination of the contract, etc.
(11) When the contractor is subject to a provisional seizure, seizure, or other disposition, or when there is a risk of such a seizure.
(12) When the contractor files a petition for civil rehabilitation proceedings, bankruptcy, corporate reorganization, etc., or is petitioned by a third party, or is likely to do so.
(13) When a resolution to dissolve is passed or when a person dies.
(14) In the event of suspension of payment or inability to pay, or in the event of a suspension of a transaction by a financial institution due to the dishonesty of a bill or check.
(15) When a ward, a person under curatorship, or a person under assistance is sentenced.
(16) In addition to the preceding items, when an act in violation of the provisions of these Terms is carried out.
2. Even if the provision of the Service is suspended pursuant to this Article, fees for the use of the Service (monthly basic fees, universal service fees, etc.) will be charged.
3. The Company shall not compensate for damages or refund all or part of the fees for the Service for the suspension of the provision of the Service under this Article.
4. The provisions of paragraph 1 do not obligate the Company to monitor or delete the information so that the Contractor does not carry out these prohibitions. The Company shall not be liable for any damage caused to the Contractor or any third party due to the prohibition set forth in Paragraph 1 and the Company's failure to monitor or delete such information.
Article 22 (Cancellation of Usage Agreement by the Company)
1. In the event that the Subscriber falls under any of the provisions of the items of paragraph 1 of the preceding Article or is likely to do so, the Company shall be able to terminate the contract for use of the Service on the same day without notifying the Subscriber in advance.
2. If the credit card membership submitted by the subscriber is lost, the credit card expiration date is expired, the credit card usage limit is exceeded, and it is found that the credit card company (including credit card payment agent) cannot pay the usage fee due to other reasons, the usage contract may be canceled according to the Company's prescribed standards.
3. In addition, if the total traffic used within a certain period of time in the services designated by the Company falls below the standards prescribed by the Company, the Company may cancel the usage contract.
4. The Company shall not be obligated to compensate for any damages or to refund all or part of the fees for the Service with regard to the cancellation of the contract for the use of the Service under this Article.
5. If the Subscriber falls under any of the items of paragraph 1 of the preceding Article, it shall lose the benefit of the deadline and pay its debts to the Company immediately.
Article 23 (Termination)
1. The Subscriber shall be able to terminate the use agreement of the Service in accordance with the procedures separately stipulated by the Company. In addition, a separate cancellation procedure is required for the cancellation of other Internet connection services separately stipulated by the Company.
2. The time of termination of the provision of the Service based on the termination procedure specified in the preceding paragraph shall be the last day of the month in which the termination procedure is completed. However, if it is possible to use wireless data communication and SMS functions after the termination of the use agreement, and if the use of the said functions is confirmed, the subscriber shall pay the fees related to the said use based on the provisions of these Terms, regardless of the termination of the use agreement.
3. If you do not receive the SIM card after repair or replacement, we will terminate the service on the date specified separately.
Chapter V Fees
Article 24 (Fees)
The fee for this service provided by the Company shall be based on the basic fee, the fee related to the procedure, the universal service fee, etc., in accordance with the provisions of Attachment
It shall be the responsibility of the Client and the Contractor shall be obliged to pay for these charges.
Article 25 (Obligation to Pay Basic Fees, etc.)
The Subscriber of the Service shall, from the date on which the Company starts providing the Subscriber Line under the Agreement, the date on which the Agreement for the Service terminates shall be deemed to be the date on which the Subscriber
For the period up to the last day of the month, payment of the basic fee and universal service fee specified in the attached document is required.
Article 26 (Calculation of Communication Fees)
For the following communications, the Service Contractor shall pay the fees calculated based on the communication time and the amount of information measured in accordance with the provisions of Article 10 (Measurement of communication time). However, this does not apply if you use a plan that only requires payment of basic fees, etc.
Distinction
Wireless data communication
(a) Communications received from the subscriber's line
(b) Communications incoming to the subscriber's line
Article 27 (Calculation of Fees, etc.)
The method of calculation of the fee and the method of payment of the fee shall be determined separately by the Company.
Article 28 (Premium Payments)
If the Contractor is unlawfully evades paying the Fee, the Contractor shall, in accordance with the request of the Company, pay an amount equal to twice the amount evaded (the amount equivalent to consumption tax shall not be added) plus the amount equivalent to consumption tax (in the case of a fee for which the amount equivalent to consumption tax shall not be added in accordance with the provisions of the Appendix, the amount equivalent to twice the amount evaded) as a premium.
Article 29 (Overdue Interest)
If there is still no payment for fees or other debts (excluding overdue interest), the Contractor shall pay the amount obtained by calculating the number of days from the day following the payment due date to the payment date at a rate of 14.5% per year as overdue interest.
Chapter VI Compensation for Damages
Article 30 (Damage Due to Unavailability of the Service)
1. If the Company fails to provide the Service due to reasons attributable to the Company, the Company shall not use the Service at all (including the case where all communications by the telecommunications equipment pertaining to the Agreement are significantly hindered and the Service becomes unavailable at all). Hereinafter the same shall apply in this Article, we will only compensate the contractor for damages if the condition continues for more than 24 hours from the time when the company becomes aware of the fact.
2. In the case of the preceding paragraph, the Company shall calculate the number of days every 24 hours for the continuous time after the time when the Company becomes aware that the Service is completely unavailable (limited to the part that is a multiple of 24 hours), and the total amount of the following fees for the Service corresponding to the number of days shall be deemed to be the damages incurred and shall be limited to the amount of compensation.
(1) Monthly basic fees, universal service fees, and monthly fees for additional function services (paid services), etc.
(2) Communication fee (calculated based on the average daily communication fee for the preceding 6 months of the charge month that includes the first day of the continuous period in which the service is not available at all (if it is difficult to grasp the results of the preceding 6 months of charge, the amount calculated by the Company by the method specified separately))
3. The provisions of the preceding two paragraphs shall not apply if the Service is not provided intentionally or due to gross negligence of the Company.
(Note) In principle, the amount calculated by the method separately prescribed by the Company as prescribed in paragraph 2, item 2 of this article shall be the average daily communication fee in the period before the date when the service is completely unavailable.
Article 31 (Limitation of Liability)
1. If the Company fails to provide the Service due to reasons attributable to the Company (This includes cases where all communications by the telecommunications equipment related to this Agreement are significantly hampered and become the same as the state of being completely unavailable. The same shall apply hereinafter in this Article), the Company shall consider the amount calculated by dividing the total unavailability by 24 and multiplying it by one-thirtieth of the monthly basic fee as the damage incurred (Fractions below the decimal point shall be rounded off), and shall only compensate the Company for that amount, if the situation continues for more than 24 consecutive hours, starting from the time when the Company learns that the Service is completely unavailable.
2. The provisions of the preceding paragraph shall not apply if the Service is not provided intentionally or due to gross negligence of the Company.
3. The Company shall not be liable for any indirect, special, incidental, consequential, consequential or lost profits, whether foreseeable or not.
Article 32 (Exemption)
1. When repairing or restoring telecommunications equipment, the data, information, etc. stored in the telecommunications equipment may change or disappear. The Company shall not be liable for any damages caused thereby, unless such damages were caused by the willful or gross negligence of the Company.
2. For reasons beyond our control, such as civil unrest, fire, flood, earthquake, other natural disasters, or government regulations (hereinafter referred to as "force majeure”), shall not be liable for any delay or non-performance in the performance of these Terms.
3. The Company does not provide any guarantee regarding the accuracy, usefulness, completeness of the Service or any other use of the Service by the Contractor, and even if the Contractor suffers any damage based on the use of the Service, the Company shall not be liable for compensation for such damage.
4. The Company shall not be liable for any damage caused by the interruption, delay, or discontinuation of the Service due to failure of communication lines, mobile communication terminal equipment, etc., or any other damage caused to the Contractor in connection with the Service.
5. The Company shall not be liable for any damages caused by the Contractor's violation of these Terms.
Article 33 (Compensation for Damages)
If the Subscriber violates any of the provisions of these Terms or causes damage to the Company in connection with the Service, the Company shall be liable for damages (including but not limited to lost profits, litigation costs and attorneys' fees, etc.) incurred by the Company they shall be liable for compensation in full.
Article 34 (Entrustment to a Third Party)
The Company shall be able to entrust some or all of the services related to the Service to any third party without prior consent of the Subscriber or notification to the Subscriber.
Article 35 (Maximum Amount of Damages)
For all cases where the Company is liable to the Contractor for damages, the scope of such damages shall be limited to the scope of ordinary damages actually incurred by the Contractor, and the total amount of such damages shall be limited to the amount of the fees received by the Company from the Contractor until the occurrence of such damages.
Chapter VII Maintenance
Article 36 (Limits of Guarantee)
1. With regard to the use of communications, the Company cannot guarantee the quality of communications related to telecommunications facilities that are connected through interconnection points, etc. except for the Company's telecommunications facilities.
2. Due to the technical level of the Internet and computers, the technical level of infrastructure such as communication lines, and the advanced complexity of the network itself, the Company cannot guarantee that the Service is free from defects at the current general technical level.
Article 37 (Support)
1. The Company shall provide the Contractor with technical support for the use of the Service as determined by the Company.
2. Except as provided in the preceding paragraph, the Company shall not be obligated to provide any technical services to the Contractor, whether maintenance, debugging, updates or upgrades.
Chapter VIII Miscellaneous Provisions
Article 38 (Transmission of Location Information)
1. Location information (meaning information related to the location of the mobile radio device connected to the subscriber line) from the telecommunications facilities of the company in communication between the connection point installed by the mobile telephone operator or the agreement operator with the company pertaining to wireless data communication and the subscriber line by a method separately specified by the mobile telephone operator. Hereinafter, the same shall apply in this Article), the Contractor shall agree in advance to send the location information to the connection point only if the Contractor has set up the settings for sending the location information to the Company in advance.
2. The Company shall not be liable for any damage caused by the location information sent pursuant to the provisions of the preceding paragraph, regardless of the cause.
Article 39 (Collection of Information)
The Company may collect and use information necessary to provide technical support, etc. to the Contractor in connection with the Service. The Contractor acknowledges that the Company may not be able to provide sufficient technical support, etc. due to the failure to provide the necessary information from the Contractor.
Article 40 (Confirmation of Subscriber)
1. The Company will manage the Contractor's information with care as a good administrator.
2. The Company shall only use the Subscriber Information for the following purposes, and shall not disclose it to third parties except when required to do so by government agencies in accordance with laws and regulations.
(1) Act on Prevention of Unauthorized Use of Mobile Voice Communications Services (Act No. 31 of 2005) (hereinafter referred to as the "Mobile Phone Unauthorized Use Prevention Act") by Mobile Voice Communications Business Operators for the purpose of preventing unauthorized use as stipulated in laws and regulations.
(2) The purpose of collecting the usage fee for the monthly billing service.
(3) To facilitate the provision of support services to the Subscriber.
(4) To notify the Contractor of any additions or changes to the Service, or to notify the Contractor by email or post, etc. for the purpose of emergency communication.
(5) The purpose is to investigate the usage trend of the Service for the purpose of product development, etc., process it into a format that does not allow the identification of a specific individual, and then use the analysis results on its own or provide them to a third party.
(6) With the prior consent of the Contractor.
3. The Company shall confirm the contractor (referring to the contractor confirmation stipulated in Article 9 of the Mobile Phone Unauthorized Use Prevention Act. Hereinafter, the same shall apply in this article), the contractor may be confirmed to the contractor. In this case, the Contractor shall respond to the Contractor's confirmation by the date set by the Company.
Article 41 (Management of Subscriber Accounts)
1. The Contractor shall manage the ID, password and other information for the authentication of the Contractor's account (hereinafter referred to as "Account Information") at its own risk. If the Contractor is a legal entity or entity, the account information for each of the Services shall be single and managed by the legal entity or entity administrator.
2. Use of the Subscriber's account information by both the Subscriber and others at the same time or only by others may result in the loss of normal functionality of the Service.
Article 42 (Notification of Change of Name, etc.)
1. The contractor shall notify the Company of any changes to the contractor information provided to the Company by the method prescribed by the Company.
2. Notwithstanding any change in the Contractor Information, if there is no notification under the preceding paragraph, the notice from the Company to the Contractor shall be based on the Contractor Information notified to the Company, and the notice shall be deemed to have been given. Such notice shall also be deemed to have arrived at the time ordinarily expected to be reached.
Article 43 (Representation and Guarantee to Anti-Social Forces)
1. The Contractor represents and warrants that he is not an organized crime group, an organized crime group affiliated company/organization, or any other antisocial force (hereinafter collectively referred to as "antisocial force"), or is not under the control or influence of antisocial force at the time of the conclusion of this Service Use Agreement and after the conclusion of this Service Use Agreement.
2. If it is reasonably recognized that the Contractor falls under any of the following items, the Company shall be able to immediately terminate the contract for the use of the Service without prior notice.
(1) Belonging to antisocial forces
(2) Substantial involvement of antisocial forces in management
(3) Using antisocial forces
(4) Engaging in activities such as providing funds, etc. or providing convenience to antisocial forces
(5) Has a socially reprehensible relationship with antisocial forces
(6) Using fraudulent, violent, or threatening language against related parties, either by themselves or through a third party
3. The contractor who falls under any of the items of the preceding paragraph shall be liable to compensate the Company for the damage caused by the cancellation, and shall not be able to request the Company to compensate for the damage caused to him/her.
Article 44 (Notification of Information to Other Telecommunications Providers)
In the event that the Subscriber does not pay the fees or other debts or does not respond to the Subscriber Confirmation specified in the preceding Article, the Subscriber agrees in advance that the Company shall notify the Telecommunications Provider other than the Company of its name, address, subscriber identification number, date of birth, and payment status based on the request from the Telecommunications Provider (limited to those necessary to identify the Subscriber and those related to the payment status, which are separately specified by the Company).
Article 45 (Abolition of the Service)
1. The Company may, at its discretion, discontinue all or part of the Service.
2. When the Company discontinues the Service pursuant to the provisions of the preceding paragraph, it shall be possible to discontinue all or part of the Service without obtaining the consent of the Subscriber by notifying the Subscriber by the period specified by the Company.
3. The Company shall not be liable for any damages caused to the Subscriber due to the partial or total abolition of the Service.
Article 46 (Changes to Technical Specifications of the Service, etc.)
The Company shall not bear the expenses required for the modification or removal of the SIM card used by the Contractor even if the modification or removal of the SIM card becomes necessary due to the change of technical specifications or other provision conditions related to the Service or the change of telecommunication equipment.
Article 47 (Changes to the Service, etc.)
1. The Company may change the contents of the Service without obtaining prior notice or consent from the Subscriber.
2. If the Company changes the Terms or the contents of the Service based on the preceding paragraph, the Company shall notify the Subscriber of the changed Terms or the contents of the Service by the method designated by the Company.
3. If the Terms or the contents of the Service are changed, the changed Terms and the contents of the Service shall apply.
Article 48 (Severability)
If any part of these Terms is found to be invalid and unenforceable, the validity of the remainder of these Terms shall remain unaffected and enforceable in accordance with its terms.
Article 49 (Consultation)
The Company and the Contractor shall resolve any doubts regarding the Services or the Terms through consultation in good faith.
Article 50 (Notification)
1. The notice from the Company to the Subscriber shall be sent in writing, sent by e-mail, sent by fax, posted on the Website or by any other method deemed appropriate by the Company.
2. If the notice referred to in the preceding paragraph is sent in writing, it shall be deemed to have reached the Contractor on the day immediately following the day on which the document was sent (however, if there is a statutory holiday in the meantime, the statutory holiday shall be added). If the notice is sent by e-mail or by fax, it shall be deemed to have reached the Contractor at the time when the e-mail or fax is sent. In addition, if the notice referred to in the preceding paragraph is posted on the Website, it shall be deemed to have reached the Contractor at the time of posting on the Website.
3. The Company shall not be liable for any disadvantage suffered by the Contractor due to the failure to confirm the notice referred to in paragraph 1.
Article 51 (Other)
1. Our rights arising from these Terms shall not be waived unless we expressly notify the Subscriber that we are waiving our rights.
2. These Terms shall be governed by and construed in accordance with the laws of Japan, and any dispute relating to these Terms or the Services or any rights or obligations arising under the Services shall be exclusively settled by the Tokyo Summary Court or the Tokyo District Court as the court of first instance.
3. A lawsuit relating to the Services must be filed within one year of the cause of such lawsuit.
Date of enactment: June1, 2022
Appendix
General
(Method of Calculation of Fees, etc.)
1 Among the fees paid by the contractor under the contract, the Company shall calculate the basic fees, etc. according to the calendar month and the communication fee according to the fee month. However, if the Company deems it necessary, it will calculate it from time to time regardless of the month of the fee.
(Note) In the case of calculating the communication fee according to the fee month, if the fee month in which the communication or session started and the fee month in which the session ended are different, the calculation shall be made by the method determined by the Company.
2. The Company will request payment for communications related to this service based on the total amount for each type of communication, etc.
3. If it is unavoidable for the Company to carry out its business, the Company may change the starting date pertaining to the fee month. (Fraction Processing)
4. In the calculation of fees and other calculations, if a fraction of less than 1 yen occurs in the calculation result, the fraction shall be rounded down.
(Payment of Fees, etc.)
5. The Subscriber shall pay the fee for the Service by the prescribed payment due date. In this case, the Subscriber shall pay the fee at a place designated by the Company or by remittance.
6. Fees will be paid according to the order in which they are due.
(Addition of Consumption Tax Equivalent Amount)
7. The amount that is required to be paid under the provisions of Article 24 (Fees) to Article 28 (Surcharge) shall be the amount obtained by adding the consumption tax equivalent to the tax amount.
Table No. 1: Price List
Article 1 (Primary Base Fee)
1. Applicable
Apply base price
Payment plans
(a) The following payment plans are provided:
Service Name: WiLD SIM
Plan: 2GB per day data communication + SMS plan
(b) The fee will be charged from the first day of the month following the contract start month until the contract end month. The first contracting month is not eligible.
(c) This usage fee will be charged at the end of the month preceding the month of use.
2. Fee Amount
Plan: 2GB per day data communication + SMS plan
Units: per contract
Basic monthly fee (tax included):4,400 yen per month
Article 2 (Communication Restrictions)
1. Applicable
Apply Communications Fee
2. Conditions of Communication
Subscribers to this service will be able to use high-speed data communication up to 2GB per day*. If daily* communication data volume exceeds 2GB communication speeds will not surpass 128kbps.
* 1 day is from 12: 00 am to 11: 59 pm Japan time.
Article 3 (SMS Usage Fee)
1. Applicable Fees
(1) SMS transmission fee
¥3 per transmission within Japan (tax included)
¥100 per international transmission (excise tax is not charged)
2. The following provisions apply to the use of SMS.
(1) The SMS transmission fee is a fee that is required to be paid separately from the basic fee (monthly) according to the usage.
(2) If it is confirmed that the Subscriber's usage fee is significantly higher than the average Subscriber's usage performance or the Subscriber's usage performance, the Company may check the usage status with the Subscriber. If such confirmation cannot be made due to inability to contact, etc., the Company may suspend the use of the Service.
(3) SMS functionality may be available regardless of termination of SIM card usage. If the use of the function is confirmed, the fee for the use shall be charged irrespective of the deletion date or the cancellation date.
(4)The SMS usage fee shall be invoiced three months later.
Article 4 (Fees for the procedure)
1. Applicable
Application of the fee for the procedure
(1) Types of fees related to the procedure
The fees for the process shall be as follows:
(a) Initial registration fee
the fee that is required to be paid when an application for a contract is made and its acceptance is obtained;
(b) Fee for issuance of SIM card
Fee to be paid when signing up for a contract and issuing a SIM
(c) SIM card reissue fee
Fee to be paid when a SIM card is reissued
(d) Usage suspension fee
Fees required to be paid when you temporarily interrupt your use of the Services
(e) Fee for resumption of use
Fee to be paid when you cancel the temporary interruption of your use of the Service
(2) Exclusion of SIM card replacement fee
When reissuing this SIM card, the SIM card replacement fee shall not apply notwithstanding the provisions of (1) and (2) (Fee Amount) when reissuing this SIM card due to initial defects or defects not attributable to the user.
(3) Reduction or exemption of fees related to the procedure
Notwithstanding the provisions of columns (1) and (2) (Amount of fees), the Company may reduce or waive the amount of fees in consideration of the formalities, etc.
2. Fee Amount
(1) Initial registration fee: 1,100yen (tax included) for each ticket
(2) 3,300 yen per SIM card issuance fee (tax included)
(3) 3,300 yen per SIM card reissue fee (tax included)
(4) Usage suspension fee: 550yen per use (tax included)
(5) ¥550 per reuse fee (tax included)
Article 5 (Universal Service Fee)
1. Applicable
Applying a Universal Service Fee
a. This fee shall be borne by the Company.
2. Fee Amount
Universal Service Fee
(1) ¥3.3 per contract (tax included)
(Note) The universal service fee is a fee to be paid to ensure the provision of universal services, and the amount of the fee will be reviewed when there is a change in the burden related to the universal service system.
Article 6 (Telephone Relay Service Fee)
1. Applicable
Application of Phone Relay Service Fee
a. This fee shall be borne by the Company.
2. Fee Amount
Telephone Relay Service Fee
¥1.1 per contract (tax included)
(Note) The telephone relay service fee shall be revised in the event of a change in the burden fee calculated in accordance with the Act on Facilitation of Use of Telephones by Deaf Persons, etc.
Article 7 (Termination Administrative Fee)
The minimum usage period for our service is until the end of the month following your entrance into the contract. If the Service is cancelled within the minimum usage period, the Subscriber shall be required to pay the cancellation fee specified below.
In addition, if the SIM is not returned by the date specified by the Company at the time of termination of the Service, you will be required to pay the specified SIM card damage fee.
1. Applicable
Application of Termination Administrative Fee
Apply SIM Card Damage Deposit
a. The Contractor shall be required to pay the Termination Administrative Fee.
(b) If the Subscriber fails to return the SIM card by the date specified by the Company at the time of termination of the Service, the Subscriber shall be required to pay the SIM card damages.
2. Fee Amount
Contract cancellation fee 1,100yen (tax included) per contract
SIM card damage fee 3,300 yen (tax included) per contract
End of Document