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Terms of Use
Terms of Use

These terms of use (“Terms”) stipulate the terms and conditions for providing “World Keitai Rental Service” (“Service”) under which DOCOMO Business Net Inc. (“DOCOMO Business Net”) rents a cellular phone, a special card, a battery pack, a battery charger, a multi battery connecter and a carrying bag (collectively, “Equipment”) to a user.

Article 1 (Service)
1.   The Service shall mean the international roaming service which Kabushiki Kaisha NTT DOCOMO and its group companies (collectively, “DOCOMO”) provide using the Equipment which DOCOMO Business Net rents to a User. The contents of the Service shall be described in Schedule 1.
2.   Countries and areas where the Service is available (“Service Area”) shall be described in Schedule 2.

Article 2 (Contract)
1.   The contract with regard to the Service (“Contract”) shall commence between the person who desires to use the Service (“Applicant”) and DOCOMO Business Net when the Applicant files an application for using the Service in accordance with the procedure set by DOCOMO Business Net with the acceptance of the conditions for use which are stipulated on the website of DOCOMO Business Net or other ways and DOCOMO Business Net approves such Applicant’s application.
2.   The Terms shall be applied to all matters related to the use of the Service between DOCOMO Business Net and a user of the Service who enters into the Contract (“User”).
3.   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 Business Net, in addition, may ask the Applicant to present documents which DOCOMO Business Net 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 Business Net’s request, DOCOMO Business Net may decide not to approve the Applicant’s application for use of the Service.
4.   Other than Article 2.3 above, DOCOMO Business Net 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 Business Net; (2) the Applicant breaches or is likely to breach a provision of this Contract, or (3) DOCOMO Business Net discovers any problem in accepting the application due to DOCOMO Business Net’s business reasons including the shortage of inventory of the Equipment.

Article 3 (Use Period)
1.   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.   DOCOMO Business Net shall accept applications for the Contract from up to two (2) months before the Start of Use Date.
3.   When the Contract is terminated pursuant to Article 12.1, the Use Period shall end on the date of such termination.

Article 4 (Change of the Use Period)
1.   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 Business Net and such change of the Use Period shall not become effective unless the User receives approval from DOCOMO Business Net.
2.   The Use Period after the above change may not exceed three (3) months including the Use Period before the above change.

Article 5 (Delivery and Return of Equipment)
1.   The delivery of the Equipment from DOCOMO Business Net to the User shall be made at a service shop which DOCOMO Business Net designates separately (“Service Shop”). DOCOMO Business Net 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.   Where the User desires to receive the Equipment by door-to-door parcel delivery service pursuant to the preceding paragraph, the User shall receive the Equipment a maximum of three days before the Start of Use Date. Upon the approval of DOCOMO Business Net and the User’s payment of advance receipt fee as described in Schedule 1 (“Advance Receipt Fee”), the User can receive the Equipment up to seven (7) days before the Start of Use Date.
3.   The User shall return the Equipment at a Service Shop by the End of Use Date. If the User desires, the User may return the Equipment by door-to-door parcel delivery service to the contact where DOCOMO Business Net shall separately appoint. In this case, the User is deemed to return the Equipment on the date when the User sends the Equipment to DOCOMO Business Net.
4.   DOCOMO Business Net shall bear the cost of the door-to-door parcel delivery service for sending the Equipment to the User and receiving the Equipment from the User.

Article 6 (Charges)
1.   Users shall pay to DOCOMO Business Net the following charges pursuant to Article 9 as consideration for the Service provided.
(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 shall 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 the following method:
(a)  In case of the settlement based on the Detailed Communication Statement (“Detailed Statement Settlement”)
Calculated by DOCOMO Business Net based on the hours of use indicated on the Detailed Communication Statement issued to DOCOMO Business Net by DOCOMO and the Communication Charges set out in Schedule 2.
(b)  In case of the settlement based on the counting of hours of use(“Time Count Settlement”)Calculated by DOCOMO Business Net based on the hours of use indicated on the Equipment and confirmed by DOCOMO Business Net at the time of return and the Communication Charges set out in Schedule 2. If it is revealed that the User has used the Equipment for use other than voice communication after the settlement based on the counting of hours of use, DOCOMO Business Net is entitled to request payment of the charges based on the Detailed Communication Statement issued by NTT DOCOMO and the Communication Charges set out in Schedule 2.
(iii)  Advance Receipt Fee
2.   If the User does not return the Equipment within four (4) days from the next day of the End of Use Date (“Return Date”) without DOCOMO Business Net’s prior approval, the User shall pay, in addition to the Charges set out in Article 6.1, five hundred (500) yen (tax not imposed) per day multiplied by the number of the days on and from the next day of the Return 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.
3.   If the Equipment was not returned within thirty (30) days from the next day 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 the preceding paragraphs, the Penalty pursuant to Article 7.1.
4.   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.
5.   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 Business Net by the payment method set by DOCOMO Business Net 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.

Article 7 (Theft, Loss and Injury)
1.   If the User loses the Equipment, or the Equipment is stolen or damaged, the User shall notify DOCOMO Business Net via its contact as set out separately. In such case, DOCOMO Business Net 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 Business Net to claim the Penalty. However, the amount of the Penalty for light damage may be decreased at the discretion of DOCOMO Business Net.
2.   In the case of Article 7.1, if the User obtains DOCOMO Business Net’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 Business Net a certificate documenting such theft or loss issued by the local police, notwithstanding whether the User subscribes to the Warranty Service under Article 8.

Article 8 (Warranty Service)
1.   The User can subscribe the warranty service provided by DOCOMO Business Net (“Warranty Service”) at the User’s option. DOCOMO Business Net 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 Business Net. The period of the Warranty Service shall be during the Use Period plus thirty (30) days from the End of Use Date.
2.   If the User desires to subscribe to the Warranty Service, the User shall apply for it by notifying DOCOMO Business Net at the time of application for the Contract. Such application may 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 to the Warranty Service for the extended period.
3.   The subscriber of the Warranty Service shall pay to DOCOMO Business Net the warranty charges (“Warranty Charges”) on a per day basis based on the dates of the Use Period. The Warranty Charges per day is set out in Schedule 1.
4.   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 Business Net the lower of the Penalty set out in Article 7.1 or the exemption amount in Schedule 1.

Article 9 (Payment of Charges)
1.   The User shall pay to DOCOMO Business Net all payments including the Rental Charges, the Communication Charges, the Warranty Charges, the Advance Receipt Fee, the Penalty and so forth (collectively “Charges”), by a credit card issued by a card issuer separately designated by DOCOMO Business Net (“Designated Credit Card Company”) in accordance with the terms and conditions of the Designated Credit Card Company.
2.   In case where the Designated Credit Card Company refuses to collect the Charges of the User, DOCOMO Business Net can request to the User payment of the Charges by invoice. In such case, the User shall pay the Charges by wire transfer to the bank account designated by DOCOMO Business Net by the date separately set by DOCOMO Business Net. The commission to the bank for wire transfer shall be borne by the User.
3.   The User can make the payment as set out in the preceding paragraph by either of the following methods. Schedule 1 describes the model of the Equipment for which the Detailed Statement Settlement or the Time Count Settlement is applicable.
(a)  Detailed Statement Settlement
In case the User selects Detailed Statement Settlement, after the Use Period, DOCOMO Business Net shall request payment of the Charges calculated based on the Detailed Communication Statement issued by DOCOMO, and the User shall make the payment of the Charges upon such request. If the User desires the issuance of the Detailed Communication Statement, the User shall pay to DOCOMO Business Net the fee for issuance of the Detailed Communication Statement set out in Schedule 1 and the postal charge. The Detailed Communication Statement shall be limited to fifty (50) sheets per contract. In case of payment based on Detailed Statement Settlement, request for payment by DOCOMO Business Net may be divided to two requests or divided by two months or more due to the settlement among the telecommunication providers or other reasons
(b)  Time Count Settlement
In case the User selects Time Count Settlement, DOCOMO Business Net shall request payment of the Charges calculated at the time of the User’s return of the Equipment at a Service Shop, and the User shall make the payment of the Charges at the Service Shop. Where DOCOMO Business Net is unable to calculate and request payment of the Charges at the time of the User’s return of the Equipment or where the User has used the Equipment for use other than voice communication, DOCOMO Business Net will confirm the hours of use of the Equipment after the User’s return of the Equipment and request payment of the Charges to the User. In case of Time Count Settlement, DOCOMO Business Net does not issue the Detailed Communication Statement, and the User shall not make any objection to DOCOMO Business Net with respect to the hours of use indicated on the Equipment. However, even if the User selects Time Count Settlement, in the case of theft or loss of or similar event to the Equipment, DOCOMO Business Net will request payment of the Charges under Detailed Statement Settlement.

Article 10 (Prohibitions)
    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 Business Net’s business operation.

Article 11 (User’s Obligation)
1.   The User shall:
(i)  Follow the User’s Manual for the Equipment separately provided by DOCOMO Business Net when the User uses the Equipment;
(ii)  Not remove (including but not limited to ejecting a special 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.
2.   When sending a short mail message and E-Mail based upon the communication service of the Service, the User shall not do the following:
(i)  Sending an E-mail for the purpose of advertisement or promotion in a manner by which the text "unsolicited advertisement " in the front of title of the E-mail is not indicated;
(ii)  Sending an E-mail for the purpose of advertisement or promotion to the person who has rejected the receipt of such E-mail;
(iii)  Sending to a nonexistent mail account or number an E-mail(s) which DOCOMO Business Net regards as voluminous;
(iv)  Sending via an E-mail incorporating electromagnetic record or other record which may cause electronic communications facilities not to function as intended or to function against such intention.; or
(v)  Sending an E-mail in violation of the Law Concerning Adjustment, Etc. of Transmission of Specified Electronic Mail (Law No. 26 of 2002) or the Specified Commercial Transactions Law (Law No. 57 of 1976).

Article 12 (Termination)
1.   DOCOMO Business Net 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. 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 Business Net as a result from the termination based upon this Article 12.1:
(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 Business Net deems it difficult for the User to perform its obligation under the Contract due to a substantial change in the User’s financial credibility.
2.   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 Business Net receives such notice within four (4) days before the Start of Use Date, or for a User who selects door-to-door parcel delivery service before the expected receiving date, the User shall pay DOCOMO Business Net one thousand (1,000) yen (tax not imposed) as a termination charge.

Article 13 (Limitation of the Service)
    The User acknowledges that the Service may be restricted due to the interruption or suspension of the service by local and foreign telecommunication providers or bad reception or condition of communications at the place of using the Equipment. DOCOMO Business Net shall not be responsible for damages suffered by the User as a result of such event.

Article 14 (Limitation of Liability)
    For any reason whatsoever, DOCOMO Business Net’s accumulated compensation for User’s damages shall not exceed the amount which has been paid by the User to DOCOMO Business Net under the Contract.

Article 15 (Governing Law and Forum)
1.   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.   This Contract shall be governed by and interpreted in accordance with the law of Japan.

Article 16 (Assignment)
    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.

Article 17 (Change of the Terms)
    DOCOMO Business Net may change these 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 Business Net shall publish such changed Terms on its website or by any other method.

Article 18 (Others)
    Any matters concerning the use of the Service which are not provided for in the Terms shall be separately determined by DOCOMO Business Net.

Supplementary provision:
    The Terms shall apply on and from April 1, 2005.

[Schedule 1]
1. The international roaming service described in Article 1.1, shall include the following: provided, however, that available services by using the Equipment shall be separately defined by DOCOMO Business Net.
(i) Sending and receiving voice communication call service
(ii) i-mode service
(iii) Short message communication service
(iv) TV-phone service

2. The Advance Receipt Fee defined in Article 5.2 and the Rental Charges per day defined in Article 6.1( i ) are the following:

Advance Receipt Fee 300 yen (315 yen including tax) per day

Application for using the Service Rental Charges
Internet, telephone call or fax
(advance application)
286 yen (300 yen including tax) per day
At service desk on the day 286 yen (300 yen including tax) per day

3. The Penalty defined in Article 7.1 is the following:

Cellular Phone (Model: N-02A)
theft, loss or damage of all or part of
the Cellular phone
40,000 yen
Attachments
Battery Pack AC Adaptor Rear Cover Card Multi Battery Connector Carrying Bag
1,400 yen 900 yen 400 yen 3,000 yen 2,000 yen 1,000 yen
Cellular Phone (Model: L601i)
theft, loss or damage of all or part of
the Cellular phone
32,700 yen
Attachments
Battery Pack AC Adaptor Rear cover UIM card Multi Battery Connector Carrying Bag
2,000 yen 900 yen 400 yen 3,000 yen 2,000 yen 1,000 yen
*Tax is not imposed on the Penalty described in the above table.

4. The Warranty Charges per day defined in Article 8.3 are the following:

Model of Cellular Phone Warranty Charge
N-02A 300 yen (315 yen including tax) per day
L601i 250 yen (265 yen including tax) per day

5. The exemption amount defined in Article 8.4 is the following:

Model of Cellular Phone Exemption Amount
N-02A 20,000 yen
L601i 5,000 yen

6. The equipment models for which the Detailed Statement Settlement or Time Count Settlement defined in Article 9.3 is available are the following:

Detailed Statement Settlement N-02A
Time Count Settlement L601i

7. The fee for issuance of the Detailed Communication Statement defined in Article 9.3.(a) is the following:

Fee ( per handset)
100 yen (105 yen including tax) per one copy

8. The postal charge for the Detailed Communication Statement defined in Article 9.3.(a) is the following:

Number of pages of Detailed Communication Statement Postal Charge
1-10 pages 80 yen
11-20 pages 100 yen
21-50 pages 150 yen

[Schedule 2]
The Service Area set forth in Article 1.2 and the Communications Charges set forth in Article 6.1(ii) are as follows:
Time count settlement

Country or Region Sending and Receiving (Yen/minute)
Korea 230
Other than Korea 320

Detailed Statement Settlement
Area
Africa Europe Middle East Oceania Asia North America Central & South America

[Service Area where TV phone and other functions are available and digital communications charges.] (Please set your network to "3G". Please consult your rental guide for how to set your phone.)
Please refer to "Service Area & communications charges" for the latest information regarding areas.
Area Country or Region *1 Name on Cellular Phone
(Name of Provider)
Communications Charges
(Yen/minute) *5 *6 *7
Network
Sending Charges Receiving Charges *2.3.4
Domestic To Japan *2 To other countries
Asia Singapore SingTel 250 510 510 630 3G
Hong Kong 3HK 250 690 690 540 3G
Europe United Kingdom 3UK 510 870 870 600 3G

*6.7.8 [Packet communications charges]
Group A Group B
Up to 50 packets
80 yen
Up to 100 packets
160 yen
For each packet over 50
0.4 yen/packet
For each packet over 100
0.4 yen/packet

[SMS Usage Fees]
Send Receive
180 yen/message Free
*Regardless of the contents or other party the charge is 180 yen per message.
*The same amount is charged for the use of the transmission notice function.
 
<Providers>
*1. Due to a certain reason for a foreign provider, the name of the provider indicated on the cellular phone may differ from the name in this Charge Table.
   
<Fees for digital communication charges including calls and TV-phone>
*2. In case of a telephone communication between users in foreign countries, the user who starts the call shall owe communication charge “bound to Japan” and the receiving user shall owe receiving charge.
*3. The user receiving a call in a foreign country from any place including Japan shall owe receiving charge from Japan. (The caller will owe communications charges to Japan. When receiving a call from Japan, the caller from Japan will owe the local charge in Japan.)
*4. Communication charge shall be borne even for receiving a call.
   
<Packet communication charges>
*5 . i mode is available only with the communication providers with the description of “A” or “B” in this Charge Table.
*6 . In using i mode in a foreign country, the packet communication charges shall be borne in accordance with the volume of the data used.
*7 . In using i mode, the minimum charge for one communication shall be 80 yen or above, or 160 yen and above.
*8 . Packet charges shall arise for all packet communication including communication for which local charge is for free.
   
<Other Matters>
* Consumer tax shall not be imposed on the Communication Charges for the Service.
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