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.		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.		The Service is available in NTT DOCOMO’s business areas in Japan (“Service Areas”).

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 recognizes 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 receives 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.		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.		The User shall return the Equipment at a Service Shop by the End of Use Date during the business hours of the Service Shop.

Article 6 (Charges)
1.		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.
2.		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.
3.		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.		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 (Robbery, 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 the Compensation Service under Article 8.

Article 8 (Compensation Service)
1.		The User can subscribe the warranty 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.		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.		The subscriber of the Compensation Service shall pay to DOCOMO Business Net the compensation charges (“Compensation 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.		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.

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 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.		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.		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.

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)
		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.

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: (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.		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.

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 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.

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 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.

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