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These terms of use (“Terms”) stipulate the terms and conditions
for providing “World Cell Phone Rental Service” (“Service”) under
which DOCOMO Business Net, Inc. (“DOCOMO Business Net”) rents a cell
phone, a battery pack, a battery charger and a carrying bag (collectively,
“Equipment”) to a user.
| Article 1 (Service) |
| 1. |
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The Service shall mean the cell phone service which
Kabushiki Kaisha NTT DOCOMO and its group companies (collectively,
“DOCOMO”) provide using the Equipment which DOCOMO Business Net
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 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. |
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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. |
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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 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. |
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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
recognizes 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. |
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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 Business Net 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 Business Net
and such change of the Use Period shall not become effective
unless the User receives approval from DOCOMO Business Net. |
| 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 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. |
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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. |
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| Article 6 (Charges) |
| 1. |
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Users shall pay to DOCOMO Business Net 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 Business Net, based on the Use Period
indicated on the Equipment confirmed by DOCOMO Business Net 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 Business Net’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 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 (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 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. |
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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 the Compensation Service under Article
8. |
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| Article 8 (Compensation Service) |
| 1. |
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The User can subscribe the compensation service provided by
DOCOMO Business Net (“Compensation 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 compensation charges set out in Article 8.3 to DOCOMO Business Net. The period
of the Compensation 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 Compensation Service, the User shall apply for it by notifying DOCOMO
Business Net at the time of application of the Contract. Such application
shall not be withdrawn thereafter. If the User who has applied
for the Compensation Service extends the Use Period pursuant
to Article 4, the User shall subscribe the Compensation Service
for the extended period. |
| 3. |
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The subscriber of the Compensation Service shall pay to DOCOMO
Business Net the compensation 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 Compensation Service is stolen, lost or damaged, said User
shall pay to DOCOMO Business Net 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 Business Net 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 Business Net (“Designated Credit Card Company”) in accordance
with the terms and conditions of the Designated Credit Card
Company. |
| 2. |
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DOCOMO Business Net 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 Business Net is unable to calculate
and request payment of the Charges at the time of the User’s
return of the Equipment, DOCOMO Business Net 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 Business Net 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 Business Net 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 Business Net’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 Business Net 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 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:
| (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 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
Business Net as a result from the termination based upon this
Article 12.1. |
| 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, the User shall pay DOCOMO Business Net 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 Business Net 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 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 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
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 cell 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 Business Net. |
(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: |
| cell
phone (Model: L600i) |
theft,
loss or damage of all or part of
the cell 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 cell 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 cell phone |
Exemption Amount |
| L600i |
5,000 yen |
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