TELECOM SQUARE

Wi-Ho!biz 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, etc.: Individuals, corporations, etc. who use the Service and/or apply for the Service.
  • (3) Daily plan: Service whose minimum contract unit is a day.
  • (4) Monthly plan: Service whose minimum contract unit is a month.
  • (5) Timer-type billing method: In regards to usage fees, etc., method of service to calculate the usage fees based on the call time indicated by the timer built in the mobile communication devices, etc.
  • (6) CDR-type billing method: In regards to usage fees, etc., method of service to calculate the usage fees based on call detail records by a communication company.
  • (7) Mobile communication devices, etc.: Communication device terminals comprising the Service (SIM, handset) and ancillary devices.
  • (8) Subscribers’ devices, etc.: Devices or software owned by subscribers, etc.
  • (9) Compensation insurance: System by the Company to compensate for loss, theft, and breakage of mobile communication devices, etc. within a specified scope during the usage period of the Service.
  • (10) Individual terms: New terms, regulations or precautions on specific matters offered by the Company separately from the Terms.
  • (11) My Page: Exclusive web application site for subscribers, etc. which is operated and managed by the Company in which the subscribers, etc. sign up for memberships at their will and enter a unique ID and pass-word.
  • (12) My Page Subscribers: Subscribers, etc. who consent to the terms of My Page and sign up for membership by predetermined ways.
  • (13) The Company: Telecom Square, Inc.
  • (14) Corporations, etc.: Subscribers, who are corporations, various organizations, etc. approved by the Company as payers by bank remittance upon receiving invoices (hereafter “payment on invoice”).
  • (15) Individuals: Subscribers, etc. other than (14) above.
  • (16) Communications, etc.: Calls and data communication.
  • (17) Usage fees, etc.: 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.
  • (18) Coupon: Travel voucher issued by a travel agency approved by the Company.

Article 2: About the Terms
1. The Terms shall specify basic conditions upon using Daily plan. Basic conditions upon using Monthly plan are specified in [Wi-Ho!biz Mobile Communication Device Rental Service (Monthly Plan) Basic Terms of Service].
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. Subscribers, etc. 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 subscribers, etc. shall comply with the Terms after such change.
5. In the event that these Terms are changed, the Company shall announce the new version of the Terms on its website or in the Service. The new version of the Terms shall be in effect on the date designated by the Company upon announcement.
6. The Company may change or terminate all or any part of the Service without prior notice.
7. The Terms are written in Japanese. In the case there are differences between translated versions of the Terms and the Japanese version, the Japanese version shall be given priori-ty.

Article 3:Policy on handling personal information
The Company shall use personal information obtained from subscribers, etc. within the scope of purposes under the privacy policy of the Company, and subscribers, etc. shall apply for the Service upon accepting the policy.

Article 4:Presentation of identity verification documents
1. Subscribers, etc. shall present identity verification documents upon applying for the Service or receiving the mobile communication devices, etc. as requested by the Company.
2. In the case of rental service stipulated in the Mobile Phone Improper Use Prevention Act, subscribers, etc. shall present official identity verification documents as stipulated in the Act.

Article 5: Application
1. The rental contract shall take effect when subscribers, etc. apply for the Service with the method stipulated by the Company and the Company acknowledges the relevant application as appropriate and notifies subscribers, etc. 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, letters, etc.
3. The rental contract shall take effect even if confirmation of acceptance of application in Section 1 is delayed due to the convenience of subscribers, etc.
4. The following persons may not apply for the Service.

  • (1) Minors, wards, people under curatorship, and people under assistance (unless there is an approval by the legal representative. However, minors may apply for the Wi-Fi router flat-rate plan.)
  • (2) People whose credit cards specified by subscribers, etc. are subject to suspension of usage by credit card companies, receipt agencies, financial institutions, etc.
  • (3) People who neglected payment of usage fees, etc. in the past.
  • (4) People who engaged in criminal acts or took actions that could lead to criminal acts in the past.
  • (5) Gangs, gang members, non-regular gang members, companies having relationships with gangs, corporate racketeers, and their equivalents; people who stopped being one of the above within the past 5 (five) years.
  • (6) Individuals who desire to rent for a period exceeding 60 (sixty) days.
  • (7) Other people determined as inappropriate to apply by the Company.

5. The model of mobile communication devices, etc. 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, etc.)to subscribers, etc.
8. If a subscriber, etc., who has filed a valid application subsequently desires to change the method of payment from credit card payment to coupon payment or vice versa, or seeks a change or first-time application of a specified campaign code and corporate special clause, the subscriber needs 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 6: Cancellation of application and cancellation fees
1. In the case that subscribers, etc. indicate intention to cancel the rental contract to the Company prior to the receipt of mobile communication devices, etc., 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.

  • (1)Subscribers, etc. follow the cancellation procedure through My Page.
  • (2)Subscribers, etc. 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 2 (two) days before the planned day to receive mobile communication devices, etc. or later, the Company shall charge Jpn1,000 (excluding consumption tax) per device as cancellation fees.
4. In the case that subscribers, etc. do not show up at airports, etc. on the specified date even if receipt at airports, etc. is specified at the time of application, the Company shall consider it as intention of cancellation by subscribers, etc., and charge the cancellation fees in accordance with the above section.
5. Rental agreements of subscribers, etc., cannot be cancelled in the following cases.

  • (1) When the subscriber, etc., has physically taken receipt of the mobile communication device, etc., at a business counter operated by the Company.
  • (2) After the scheduled handover date has arrived in cases where a shipment destination has been specified by the subscriber, etc.

Article 7: Changes in application
1. Subscribers, etc. 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, etc.
2. If subscribers, etc. use mobile communication devices, etc. 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 18:00 three days before the planned day to receive mobile communication devices, etc. However, the relevant change may not be made depending on the status of inventory, etc. of mobile communication devices, etc.
4. The Company is unable to take the change procedure if intention stipulated in Section 1 is indicated later than 18:00 three days before the planned day to receive mobile communication devices, etc. 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 18:00 three days before a scheduled handover date.
5. The Company will accommodate procedures for changes pursuant to paragraph 1 if requested by My Page subscribers, corporations, etc., no later than 15:00 on the day before the handover day of mobile communication devices, etc. Provided, however, that changes may be unable to be accommodated due to inventory constraints, etc., of mobile communication devices, etc.

Article 8: Contract Unit/Contract Period
1. The contract unit is on a daily basis, in accordance with Japan time.
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, etc. charged on a daily basis are identical to the first day and the last of contract, respectively.
3. The first day of contract in regards to overseas products shall be the day when subscribers, etc. receive the mobile communication devices, etc. at airports, etc., or the day after the arrival day in the case of courier service. The first day of contract in regards to domestic products shall be the day of receipt by subscribers, etc. at airports, etc., or the arrival day in the case of courier service. The arrival day shall be the day specified by subscribers, etc. at the time of application.
4. The last day of contract in regards to overseas products shall be the day when subscribers, etc. return the mobile communication devices, etc. at airports, etc. or the day preceding the shipping day in the case of courier service. However, if shipped on the day of return by courier service, the day of return shall be the last day of contract. The last day of contract in regards to domestic products shall be the day when subscribers, etc. directly return the mobile communication devices, etc. at airports, etc. or the day of shipping in the case of courier service. The day of shipping in the case of courier service shall be the day when the courier company receives the devices from subscribers, etc. in Japan.
5. In the case that subscribers, etc. extend contract period after applying for compensation insurance, subscribers, etc. shall pay the fees on the compensation insurance for the extended contract period.

Article 9 : Cancellation
1.In the case that actions by subscribers, etc. fall under any one of the following paragraphs, the Company may immediately cancel the contract without any warning.

  • (1) Article 5 [Application] Section 4 is relevant.
  • (2 )Any matters stipulated in Article 15 [Prohibited matters for subscribers, etc.] are relevant.
  • (3) Subscribers, etc. continue to use the Service after 7 (seven)days or longer from the planned day of return without notice.
  • (4) Subscribers, etc. neglect obligation to pay usage fees, etc.
  • (5) Credit status for subscribers, etc. 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, etc. from the credit card number presented by subscribers, etc. at the time of application, without obtaining approval from subscribers, etc., and subscribers, etc. shall agree to it..

Article 10: 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 subscribers, etc., the Company shall settle it in accordance with the payment information attained at the time of application without obtaining approval from subscribers, etc. Subscribers, etc. shall contact the Company promptly if they have any inquiries about usage fees, etc. of billing statements.
4. If usage fees, etc. cannot be settled with a credit card presented by subscribers, etc. upon application and if payment is not received with other methods and there is a deposit by credit card under Article 5 [Application] Section 7, the Company shall settle them with the deposit without consent from subscribers, etc., and subscribers, etc. shall agree to it.

Article 11: 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, etc.
2. In the case of each of the following paragraphs, subscribers, etc. shall bear the following costs in addition to usage fees stipulated in the above section.

  • (1) Costs of bank remittance between subscribers, etc. and the Company in the case of payment on invoice.
  • (2) Costs of bank remittance between subscribers, etc. and the Company in the case that a service requiring a deposit money is used as separately stipulated by the Company.
  • (3) Compensation stipulated by the Company in the case that mobile communication devices, etc. are lost, stolen or broken (this stipulation may not be applicable if “Compensation insurance” is subscribed.)
  • (4) Late fees at the rate of 14.6% per year to the claimed amount until full payment, in the case that payments are later than payment due dates stipulated by the Company because of the convenience of subscribers, etc.
  • (5) Communication costs, etc. charged by a telephone company to the Company separately from regular usage fees in the case that subscribers, etc. receive collect calls, as well as administration fees equivalent to 30% of the relevant communication fees.

3. In the case of each of the following paragraphs, subscribers, etc. shall bear usage fees, etc. corresponding to the following costs in addition to usage fees stipulated in Section 1.

  • (1) Relevant costs of communication, etc. in the case that subscribers, etc. use the rental terminal after the contract is cancelled as stipulated in Article 9 [Cancellation].
  • (2) Relevant costs of communication, etc. in the case that mobile communication devices, etc. 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 21 [Loss, theft, breakage, etc. of communication devices, etc.] and illegal use occurs by the time when the line is actually suspended.)
  • (3) Relevant costs of communication, etc. in the case of usage in countries or regions not reported at the time of application.
  • (4) Costs of communication, etc. that occur while subscribers, etc. do not recognize due to reasons including that an application in mobile communication devices, etc. is left running, key lock on mobile communication devices, etc. is forgotten, software is automatically updated, etc.
  • (5) Costs of communication, etc. in the case that mobile communication devices, etc. are used for incoming calls that are not expected by subscribers.
  • (6) Costs of communication, etc. for multiple lines in the case that mobile communication devices, etc. are used for conference calls, etc.

4. Subscribers, etc. shall pay usage fees on the time using mobile communication devices, etc. when used with calling cards, credit calls, toll-free calls, collect calls, prepaid cards, etc. in the case of timer-type billing method.

Article 12: Various precautions about settlement in regards to billing methods
1. In the case of timer-type billing method, subscribers, etc. 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, etc. at the time of return.
  • (2) In the case that the return box at an airport counter or courier service is selected as the return method, the Company shall consider that confirmation in the above section is made when mobile communication devices, etc. arrive at the Company.
  • (3) The Company shall not provide call detail records to subscribers, etc.
  • (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, etc.

2. It may take 2 (two) to 3 (three) months for a statement to be ready in the case of the CDR-type billing method.

Article 13:Prohibition to transfer rights and obligations
Subscribers, etc. may not assign, transfer, or offer as collateral the rights and obligations arising in relation to application.

Article 14: Duty of diligence
Subscribers, etc. shall use the Service with the care of a good manager.

Article 15: Prohibited matters for subscribers, etc.
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, etc., pledge, or otherwise offer as collateral the mobile communication devices, etc.
  • (4) Acts to list or indicate the numbers of mobile communication devices, etc. on printed materials, etc. that become public.
  • (5) Acts to remove the SIM from mobile communication devices, etc. 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, etc. for which the Company establishes the PIN number.
  • (7) Acts to use mobile communication devices, etc. with a method other than methods specified by the Company or regular methods.

Article 16: Share of damages by subscribers, etc.
1. In the case that subscribers, etc. cause damages to the Company due to reasons attributable to the responsibility of subscribers, etc. in relation to the use of the Service, subscribers, etc. shall be responsible for compensation for damages.
2. In the case that subscribers, etc. cause damages to a third party or disputes arise with a third party in relation to the use of the Service, subscribers, etc. shall resolve them at their own responsibility and expense, and not cause the Company to bear any responsibilities.

Article 17:Limitation in the scope of compensation by the Company
In the event that subscribers, etc. 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 subscribers, etc. 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 18: 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, etc. in the Service (hereafter the “problems with connection”)shall be limited to troubles deriving from failure of mobile communication devices, etc. 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 subscribers, etc.
  • (2) Problems with connection deriving from specification, operation, set-up, compatibility, etc. of devices, etc. owned by subscribers.
  • (3) Problems with connection deriving from the convenience of the communication company, service provider, application provider, etc.
  • (4) Problems with connection deriving from the influence of radio wave interference from the surrounding terrain, obstacles like buildings, radars, home electric appliances, etc. when subscribers, etc. use mobile communication devices.
  • (5) Problems with connection deriving from force majeure such as natural disasters, etc.
  • (6) Problems with connection deriving from other reasons not attributable to the responsibility of the Company.

Article 19: Policy for fair usage of data communication
Subscribers, etc. 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, etc. due to the reason in the above section, the Company shall take no responsibility and the subscribers, etc. shall pay the usage fees, etc. to the Company.

Article 20: 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 subscribers, etc. shall bear the usage fees, etc. corresponding to the period.

  • (1) Article 9 [Cancellation] is relevant.
  • (2) Article 15 [Prohibited matters for subscribers, etc.] is relevant.
  • (3) Other unavoidable cases due to technical reasons or for execution of the Company’s business.

Article 21:Loss, theft, breakage, etc. of communication devices, etc.
1. Subscribers, etc. shall bear compensation stipulated by the Company in the case that mobile communication devices, etc. are lost, stolen or broken. The Company does not offer refund for compensation once it has been received even if subscribers discover the mobile communication devices, etc. later.
2. Subscribers, etc. shall notify the Company without delay in the case that mobile communication devices, etc. 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 subscribers, etc.
4. In the case of illegal usage by a third party prior to suspension of the line in the above section, subscribers, etc. shall bear the usage fees, etc. corresponding to the cost of communications, etc. used.

Article 22: Compensation insurance
Subscribers, etc. shall agree on the following matters.

  • (1) In the case that subscribers, etc. have received mobile communication devices, etc., compensation insurance cannot be subscribed to or canceled.
  • (2) Compensation insurance shall indemnify all or part of the compensation relating to loss, theft and breakage of mobile communication devices, etc., and not indemnify fees for communication, etc. until suspension of the line as well as lost earnings, etc. by subscribers, etc. due to loss, theft and breakage.
  • (3) When compensation insurance is subscribed and loss or theft of mobile communication device, etc. occurs, subscribers, etc. shall submit a theft report certificate issued by a local police office or an equivalent document as evidence of such theft.

Article 23: Other agreed matters by subscribers, etc.
Subscribers, etc. shall agree on the following matters and the Company shall take no responsibility.

  • (1) If subscribers, etc. use data roaming with subscribers’ devices, etc. while using the Service, subscribers, etc. may receive a separate charge from the communication company that the subscribers, etc. are using.
  • (2) If subscribers, etc. use subscribers’ devices, etc. to use the Service, the Company shall not guarantee any operations that rely on specifications, etc. of the relevant devices as well as compatibility with the purpose of usage.
  • (3) Mobile communication devices, etc. may not be delivered to subscribers, etc. by the desired day of receipt due to delay in transportation, etc. 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, etc., subscribers, etc. need to bring in the product to the Company.

Article 24: About AI Translation devices
The Company will not guarantee the software function, ability, usage result, accuracy, reliability, etc of the AI Translation devices. Subscribers shall bear all responsibilities caused, including the effects of, results and selection by using the AI Translation device.

Article 25: Governing law and jurisdiction
The Terms shall be governed by the laws of Japan. In the case that disputes occur in relation to the Terms and the contract, the Tokyo District Court or the Tokyo Summary Court shall be the agreed exclusive jurisdictional authority for the first instance.

Additional clause
Revised and enforced on March 31, 2020