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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. Service Area
is outside of Japan and a User cannot receive
telecommunication services in Japan through
the Equipment. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| (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. |
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| 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. |
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| 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. |
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| 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. |
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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 Business Net’s business operation. |
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| 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. |
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| 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). |
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| Article 12 (Termination) |
| 1. |
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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. |
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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 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. |
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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 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. |
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| Article 14 (Limitation of Liability) |
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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. |
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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 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. |
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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 Business Net. |
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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 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: FOMA N900iG) |
theft,
loss or damage of all or part of
the Cellular phone |
30,000
yen |
| Attachments |
| Battery Pack |
AC Adaptor |
Holder |
Rear Cover |
Card |
Multi Battery Connector |
Carrying Bag |
| 2,100 yen |
1,300 yen |
1,000 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 |
| Terminal (Model: IM5200) |
theft,
loss or damage of all or part of
the Cellular phone |
15,000
yen |
| Attachments |
| Battery Pack |
Battery Charger |
Card |
Multi Battery
Connector |
Carrying Bag |
| 4,000 yen |
4,000 yen |
3,000 yen |
2,000
yen |
1,000 yen |
| *Tax is not imposed on the Penalty described
in the above table. |
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| 4. |
The Warranty Charges per day defined in Article
8.3 are the following: |
| Model of Cellular
Phone |
Warranty Charge |
| FOMA N900iG |
300 yen (315 yen including tax) per day |
| L601i |
250 yen (265 yen including tax) per day |
| IM5200 |
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 |
| FOMA N900iG |
15,000 yen |
| L601i |
5,000 yen |
| IM5200 |
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 |
FOMA N900iG /
IM5200 |
| Time Count Settlement |
IM5200/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 |
200 |
| Other
than Korea |
280 |
Detailed Statement Settlement
[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 |
450 |
450 |
550 |
3G |
| Hong Kong |
3HK |
250 |
600 |
600 |
500 |
3G |
| Europe |
United Kingdom |
3UK |
450 |
700 |
700 |
550 |
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] NB: SMS service not available in Korea.
| 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. |
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|
<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. |
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<Other Matters>
| * |
Consumer tax shall
not be imposed on the Communication Charges for
the Service. |
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