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| Article 1 (Service) |
| 1. |
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The Service shall mean the cellular phone
service which Kabushiki Kaisha NTT DoCoMo and
its group companies (collectively, “DoCoMo”)
provide using the Equipment which DoCoMo Sentsu
rents. The contents of the Service shall be
described in Schedule 1. |
| 2. |
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The Service is available in NTT
DoCoMo’s business areas in Japan (“Service
Areas”). |
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| Article 2 (Contract) |
| 1. |
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The contract with regard to the Service (“Contract”)
shall commence between the person who desires
to use the Service (“Applicant”)
and DoCoMo Sentsu when the Applicant files
an application for using the Service in accordance
with the procedure set by DoCoMo Sentsu with
the acceptance of the conditions for use which
are stipulated on the website of DoCoMo Sentsu
or other ways and DoCoMo Sentsu approves such
Applicant’s application. |
| 2. |
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The Terms shall be applied to
all matters related to the use of the Service
between DoCoMo Sentsu and a user of the Service
who enters into the Contract (“User”). |
| 3. |
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The Applicant shall present a credit card
which is to be used for payment including the
Charges as set out in Article 9.1 at the time
of filing an application for the Contract.
DoCoMo Sentsu, in addition, may ask the Applicant
to present documents which DoCoMo Sentsu deems
necessary to identify the Applicant such as
a driver’s license, a certified copy
of family register (Koseki Tohon), a certified
copy of corporate register (Tokibo Tohon),
a certificate of registered seal, etc. In the
event that the Applicant refuses to comply
with DoCoMo Sentsu’s request, DoCoMo
Sentsu may decide not to approve the Applicant’s
application for use of the Service. |
| 4. |
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Other than Article 2.3 above, DoCoMo Sentsu
may decide to refuse to accept an application
for use of the Service by an Applicant in the
event that (1) a Designated Credit Card Company
hereinafter defined in Article 9.1 refuses
to collect the charges from the Applicant at
the request of DoCoMo Sentsu, (2) the Applicant
breaches or is likely to breach a provision
of this Contract; or (3) DoCoMo Sentsu recognizes
any problem in accepting the application due
to DoCoMo Sentsu’s business reasons including
the shortage of inventory of the Equipment. |
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| Article 3 (Use Period) |
| 1. |
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The period of use of the Service pursuant
to this Contract (“Use Period”)
shall be determined on a day by day basis (Japan
local time) in accordance with an Applicant’s
application (hereinafter the start date of
the Use Period shall be referred to as “Start
of Use Date” and the last date of the
Use Period shall be referred to as “End
of Use Date”). However, the Use Period
may not exceed three (3) months. As for the
Start of Use Date and the End of Use Date,
the Use Period which is less than twenty-four
(24) hours shall be calculated as one (1) day. |
| 2. |
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DoCoMo Sentsu receives applications
for the Contract from up to two (2) months
before the Start of Use Date. |
| 3. |
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When the Contract is terminated pursuant
to Article 12.1, the Use Period shall end on
the date of such termination. |
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| Article 4 (Change of the Use
Period) |
| 1. |
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When the User desires to change
the Use Period fixed pursuant to Article 3,
the User shall give notice of such change to
the contact as separately set by DoCoMo Sentsu
and such change of the Use Period shall not
become effective unless the User receives approval
from DoCoMo Sentsu. |
| 2. |
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2. The Use Period after the above change
may not exceed three (3) months including the
Use Period before the above change. |
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| Article 5 (Delivery and Return
of Equipment) |
| 1. |
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The delivery of the Equipment from DoCoMo
Sentsu to the User shall be made at a service
shop which DoCoMo Sentsu designates separately
(“Service Shop”). DoCoMo Sentsu
shall deliver the Equipment by door-to-door
parcel delivery service to a place in Japan
(only) requested by the User if the User has
made such a request at the time of the application. |
| 2. |
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The User shall return the Equipment at a
Service Shop by the End of Use Date during
the business hours of the Service Shop. |
| 3. |
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DoCoMo Sentsu shall bear the
cost of the door-to-door parcel delivery service. |
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| Article 6 (Charges) |
| 1. |
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Users shall pay to DoCoMo Sentsu the following
charges as consideration for the Service provided
pursuant to Article 9.
| (i) |
Rental charges for the Equipment
(“Rental Charges”)
The Rental Charges shall mean the rental
fees which accrue during the Use Period
(including the Start of Use Date and the
End of Use Date). The Rental Charges per
day are set out in Schedule 1. |
| (ii) |
Communication Charges (“Communication
Charges”)
The Communication Charges mean communication
charges which accrue during the Use Period
(including the Start of Use Date and the
End of Use Date). The Communication Charges
are calculated by DoCoMo Sentsu, based
on the Use Period indicated on the Equipment
confirmed by DoCoMo Sentsu at the time
of return of the Equipment and the Communication
Charges set out in Schedule 1. |
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| 2. |
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If the User does not return the
Equipment by the End of Use Date (“Return
Date”) without DoCoMo Sentsu’s
prior approval, the following rules shall apply.
| (i) |
If the Equipment was
returned within seven (7)
days of the End of Use
Date, the User shall pay,
in addition to the Charges
set out in Article 6.2,
500 yen (tax not imposed)
per day multiplied by the
number of the days on and
from the next day of the
End of Use Date to the
day when the return is
completed, as late charges.
The Communication Charges
accruing on and after the
next day of the End of
Use Date shall be borne
by the User. |
| (ii) |
If the Equipment was
not returned within seven
(7) days of the End of
Use Date, the User is regarded
as having lost the Equipment
on the End of Use Date
and the User shall pay
in addition to the charges
set out in 6.2(i) above,
the penalty pursuant to
Article 7.1. |
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| 3. |
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In the calculation of the charges accrued
pursuant to this Article or other articles
of this Contract, any number less than one
(1) yen shall be rounded down to the nearest
yen. |
| 4. |
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If the User does not make the payment accrued
pursuant to this Article or other articles
of this Contract after the due date, the User
shall pay to DoCoMo Sentsu by the payment method
set by DoCoMo Sentsu separately as late charge,
an amount equal to fourteen point five percent
(14.5%) annually calculated on a daily pro
rata basis multiplied by the number of dates
on and from the next date of the due date to
the previous date of the date when the User
paid the Charges. |
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| Article 7 (Robbery, Loss and
Injury) |
| 1. |
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If the User loses the Equipment, or the Equipment
is stolen or damaged, the User shall notify
DoCoMo Sentsu via its contact as set out separately.
In such case, DoCoMo Sentsu can claim the penalty
described in Schedule 1 (“Penalty”).
The opening by the User of the seal attached
to the special card of the Equipment shall
be regarded as damage to the Equipment thereby
allowing DoCoMo Sentsu to claim the Penalty.
However, the amount of the Penalty for light
damage may be decreased at the discretion of
DoCoMo Sentsu. |
| 2. |
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In the case of Article 7.1, if
the User obtains DoCoMo Sentsu’s approval
after notifying it of the theft or loss of
the Equipment pursuant to Article 7.1, the
Contract shall end on the date of such notice.
The User shall bear the Communication Charges
accrued during the time of such notice and
the time of completion of disconnection of
the communication network. If a theft or loss
occurs, the User shall submit to DoCoMo Sentsu
a certificate documenting such theft or loss
issued by the local police, notwithstanding
whether the User subscribes the Warranty Service
under Article 8. |
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| Article 8 (Warranty Service) |
| 1. |
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The User can subscribe the warranty service
provided by DoCoMo Sentsu (“Warranty
Service”) at the User’s option.
DoCoMo Sentsu shall compensate the User up
to a certain amount in the event that the Equipment
is stolen, lost or damaged during the Use Period,
if the User has paid the warranty charges set
out in Article 8.3 to DoCoMo Sentsu. The period
of the Warranty Service shall be during the
Use Period plus thirty (30) days from the End
of Use Date. |
| 2. |
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If the User desires to subscribe
the Warranty Service, the User shall apply
for it by notifying DoCoMo Sentsu at the time
of application of the Contract. Such application
shall not be withdrawn thereafter. If the User
who has applied for the Warranty Service extends
the Use Period pursuant to Article 4, the User
shall subscribe the Warranty Service for the
extended period. |
| 3. |
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The subscriber of the Warranty Service shall
pay to DoCoMo Sentsu the warranty charges (“Warranty
Charges”) on a per day basis based on
the dates of the Use Period. The Warranty Charge
per day is set out in Schedule 1. |
| 4. |
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In the event that the Equipment of a User
who has subscribed the Warranty Service is
stolen, lost or damaged, said User shall pay
to DoCoMo Sentsu the lower Penalty set out
in Article 7.1 or the exemption amount in Schedule
1. |
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| Article 9 (Payment of Charges) |
| 1. |
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The User shall pay to DoCoMo Sentsu all payments
including the Rental Charges, the Communication
Charges, the Warranty Charge, the Penalty and
so forth (collectively “Charges”),
by a credit card issued by a card issuer separately
designated by DoCoMo Sentsu (“Designated
Credit Card Company”) in accordance with
the terms and conditions of the Designated
Credit Card Company. |
| 2. |
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DoCoMo Sentsu shall calculate
and request payment of the Charges at the time
of the User’s return of the Equipment
at a Service Shop and the User shall pay the
Charges at the Service Shop. Where DoCoMo Sentsu
is unable to calculate and request payment
of the Charges at the time of the User’s
return of the Equipment, DoCoMo Sentsu will
confirm the Use Period of the Equipment and
request payment of the Charges after the User’s
return of the Equipment. Notwithstanding Article
9.1, in the case of theft, loss or damage of
the Equipment, DoCoMo Sentsu will request payment
of the amount calculated based on the detailed
record of the communication separately issued
by DoCoMo regardless of Article 6.1(ii). |
| 3. |
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The User shall not make any objection to
or other complaint about the requested payment
amount in accordance with the Use Period indicated
on the Equipment or other calculation pursuant
to this Article 9 of the Terms. DoCoMo Sentsu
is not obliged to issue to the User a detailed
record of communication with regard to the
Service. |
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| Article 10 (Prohibitions) |
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The User shall not use the Service
for (i) criminal conduct, (ii) unlawful activity,
(iii) any activity against public policy, or
(iv) any activity which may interfere with
DoCoMo Sentsu’s business operation. |
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| Article 11 (User’s Obligation) |
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The User shall:
| (i) |
Follow the User’s Manual for
the Equipment separately provided by
DoCoMo Sentsu when the User uses the
Equipment; |
| (ii) |
Not remove (including but not limited
to ejecting a card pre-inserted in
the Equipment, or removing a sticker
pre-attached on a loading slot for
the card), modify, disintegrate, or
destroy the Equipment; |
| (iii) |
Not download, modify or erase the
information or data stored into the
Equipment; |
| (iv) |
Not attach other equipment or attachment
to the Equipment; |
| (v) |
Use and maintain the Equipment with
the care of a good manager; and |
| (vi) |
Not transfer, sublease, pledge as
security or otherwise dispose of the
Equipment. |
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| Article 12 (Termination) |
| 1. |
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DoCoMo Sentsu may immediately
suspend the Communication Network for the Equipment
and terminate the Contract without prior written
notice to the User, in the event that the User
falls under any one of the following:
| (i) |
If the User breaches any provision
of the Terms; |
| (ii) |
If the User makes a false statement
when making an application for the
Service; |
| (iii) |
If the Designated Credit Card Company
under Article 9.1 refuses to collect
the Charges from the Applicant; or |
| (iv) |
If DoCoMo Sentsu deems it difficult
for the User to perform the obligation
under the Contract due to substantial
change in the User’s financial
credibility. |
In the event of such termination, the User
shall immediately return the Equipment in
accordance with Article 5. The User shall
bear all damages and expenses suffered by
DoCoMo Sentsu as a result from the termination
based upon this Article 12.1.
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| 2. |
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The User may terminate this Contract with
one (1) day’s written notice before the
Start of Use Date (Japan local time); provided,
however, that if DoCoMo Sentsu receives such
notice within four (4) days before the Start
of Use Date, the User shall pay DoCoMo Sentsu
one thousand Japanese yen (1,000 JPY, tax not
imposed) as a termination charge. |
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| Article 13 (Limitation of the
Service) |
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The User acknowledges that the
Service may be restricted due to the interruption
or suspension of the service by telecommunication
providers or bad reception or condition of
communications at the place of using the Equipment.
DoCoMo Sentsu shall not be responsible for
such damages of the User as a result from such
event. |
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| Article 14 (Limitation of Liability) |
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For any reason whatsoever, DoCoMo
Sentsu’s accumulated compensation for
User’s damages shall not exceed the amount
which has been paid by the User to DoCoMo Sentsu
under the Contract. |
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| Article 15 (Governing Law and
Forum) |
| 1. |
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Any dispute between the parties
arising out of or in connection with the Contract
shall be settled before the Tokyo District
Court of Japan as exclusive jurisdiction. |
| 2. |
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This Contract shall be governed by and interpreted
in accordance with the law of Japan |
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| Article 16 (Assignment) |
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The User shall not assign, transfer,
sublease, pledge as security or otherwise dispose
of the Contract, or any rights or obligations
under the Contract, to a third party. |
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| Article 17 (Change of the Terms) |
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DoCoMo Sentsu may change the
Terms from time to time if necessary and such
changed Terms shall thereafter apply to the
User. In the case of change of the Terms, DoCoMo
Sentsu shall publish such changed Terms on
its website or by any other method. |
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| Article 18 (Others) |
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Any matters concerning the use
of the Service which are not provided for in
the Terms shall be separately determined by
DoCoMo Sentsu. |
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| supplementary provision: |
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The Terms shall apply on and
from April 1, 2005. |
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Schedule 1
| 1. |
The cellular phone service defined in Article
1.1, shall include the following: provided,
however, that available services by using Equipment
shall be separately defined by DoCoMo Sentsu. |
(i) Making and Receiving Service ?| voice communication
only
| 2. |
The Rental Charges per day defined in Article
6.1( i ) are the following: |
| The
Rental Charges |
| 286 yen (300
yen including tax) per day |
| 3. |
The Communication Charges defined in Article
6.1 (ii) are the following: |
| Service Category |
Calling charge
per minute |
| Domestic call only |
81 yen (85 yen including tax) |
| Domestic and international
call |
200 yen (210 yen including tax) |
| 4. |
The Penalty defined in Article 7.1 is the following: |
| Cellular
Phone (Model: L600i) |
theft,
loss or damage of all or part of
the Cellular phone |
35,400
yen |
| Attachments |
| Battery Pack |
AC Adaptor |
Card |
Rear Cover |
Carrying Bag |
| 2,500 yen |
900 yen |
3,000 yen |
400 yen |
1,000 yen |
| 5. |
The Warranty Charges per day defined in Article
8.3 are the following: |
| Model of Cellular Phone |
Warranty Charge |
| L600i |
250 yen (262 yen including tax) per day |
| 6. |
The exemption amount defined in Article 8.4
is the following: |
| Model of Cellular Phone |
Exemption Amount |
| L600i |
5,000 yen |
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