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| This agreement is made based on "Super Telephone" covenant, which is reported to the government subject to the law. The following English terms and conditions is the translation of the agreement, so different from these formal legal document. CUSTOMER and FUSION NETWORK SERVICES INC.(FNS) Whereas customer is desirous of appointing FNS to provide "Super Telephone" services, FNS agree to provide the said services NOW THEREFORE, parties hereto agree as follow |
1. Effective date of Agreement
1.1.This agreement shall be effective when FNS accepts the customer's letter of application.
1.2.If customer is less than 18 years of age, agreement shall have to be signed by a parent or legal guardian, who is responsible for all charges related to use of the services.
2. Agreement
Customer shall agree and comply with any and all terms and conditions of this agreement and covenant.
3. Services
3.1. FNS shall provide services continuously according to this agreement.
3.2. Customer shall not transfer to any third party part or all of the rights and/or obligation under this agreement without the prior written consent of FNS
4. Password
4.1. Customer shall use Password provided by FNS in good faith, and customer shall not disclose Password to other people. Customer accept that all calls using Password will be charged to customer's account.
4.2. FNS shall not be responsible for any damages arising from misuse or third party's use of Password.
4.3.In the event Password has been lost, stolen or otherwise, customer shall have to notify to FNS as soon as possible.
4.4.Password is not changeable unless FNS accepts the necessity.
5. Customer's obligation
Customer owes the following obligation to FNS.
5.1. Customer shall give FNS the notice in case of disorder of services.
5.2. Customer shall resolve at customer's own expense the problems of any third party's loss or damages arising from or in relation to or in connection with customer's use of services.
6. Suspension of services
FNS reserves the right to suspend the provision of services upon the happening of the following event. FNS shall give the customer reasonable prior notice of its intention to suspend any services, except in the case of an emergency or similar .
6.1. construction or maintenance of telecommunication equipment owned by FNS .
6.2. obstacle or problems of telecommunication systems or carrier system .
6.3. fire, flood, typhoon, power outages or surges, telephone line disruption and other beyond FNS's control.
7. Charges
(The customer agrees to pay two kinds of following charges when customer makes a call through "Super Telephone"
a. The charge for calling FNS's access point, which is payable to the telephone company through which the call was made.
b. "Super Telephone" charge. )
7.1. In consideration for use of services, customer agrees to pay to FNS the charges in the amount and manner defined in the tariff.
7.2. FNS reserves the right to revise the tariff without notice.
7.3. FNS reserves the right to charge daily interest on any outstanding amounts under this agreement until full payment is reserved by customer at the rate of 14.5% per annum.
8. Termination(CUSTOMER)
8.1.Customer may terminate this agreement at the 22nd day(expiry date) of every month by giving to the FNS written notice no later than the end of the last month of expiry date. This notice must be postmarked before the end of the last month.
8.2. FNS is not obligated to refund to customer the charges already paid before Termination.
8.3. In the event of termination of this agreement FNS remove customer's password from systems of services
9. Termination (FNS)
FNS shall have the right to terminate this agreement upon the happening of the following event without no prior notice .
a) Letter of application contains false entry.
b) Customer fail to make any payment of any sum of money herein specified to be made.
c) Customer lose its confidence by reason of the rejection of using the credit card or bankruptcy or similar to these.
d) Customer make breach of this agreement.
10. Exemption clause
10.1. FNS shall not be liable for any loss or damages arising from or in relation to or in connection with this services.
10.2. In case FNS suspend the provision of services because of uncontrollable or inevitable cause including without limitation the event of close 6, FNS shall not be liable for any loss or damages arising from or in relation to or in connection with such suspending.
11. Confidentiality
The customer and FNS shall keep in confidence and not disclose to any third party, any information provided by the other party in relation to or in connection with this agreement.
12. Settlement of Dispute
This agreement shall be governed and interpreted under the law of Japan. All dispute which may arise between the parties, out of or in relation to or in connection with this agreement shall be settled at Tokyo District Court .
13. Modification
FNS reserves the right to modify or change this agreement or services without customer's prior consent, including, but not limited to, pricing, access, procedures, hours of operation, how to use, documentation, vendors, and so forth.
14. Service quality
Customer shall understand that:
a. The quality of a call made through "Super Telephone" differs in character from a normal telephone call.
b. "Super Telephone" may become temporarily unavailable, either as a whole or to specific locations.
c. "Super Telephone" relies on the Internet, which is not fault-free and is outside the control of FNS. |
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