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Terms Of Use

Services and Conditions of Use : T-1 Communications

TERMS OF AGREEMENT
I the card holder, agree to pay and specifically authorize T-1 Communications Limited (T-1) to charge for and do hereby request that the telephone numbers written above be registered under my name for T-1 domestic and international long distance services. I further agree that in the event my credit card becomes invalid for any reason that I will promptly prvide T-1 with a valid credit card number or expiry date upon request and pay any and all outstanding balances due for services rendered immediately.

As part of our service, we agree to provide you with information and other services that we may decide to offer, subject to the terms of this agreement. Upon notice published through the service, we may modify this agreement at any time. You agree and continue to agree to use our services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as 'customer' in this agreement.

Rules For Online Conduct

By using the service, you agree that you will not attempt to undermine the integrity of this web site.

Limitation Of Liability And Warranty

CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. SERVICES ARE PROVIDED 'AS IS,' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THE SERVICE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

NEITHER THE SERVICE NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.

MOBILE SERVICES: Terms and Conditions

1. Offer Subject to Acceptance

The offer to acquire Member Services (Service) of T-1 Communications Limited (T-1) shall be subjected to acceptance by T-1 and no oontract forthe provision of Service shall exist until accepted by T-1.. T-1 may reject any potential Member who T-1, in its sole discretion, deems is not worthy of credit or is not legally eligible to acquire the Service. T-1 may in its sole discretion terminate the Service of any Member as permitted under these Terms and Conditions.

1.1 Scope of Coverage

These terms and conditions apply to Services which include the T-1 Cellular Package, T-1 International and Domestic Discount Long Distance services, ("Service" in the following sentences) for Member’s that have successfully completed all the requirements of the registration process designated by T-1 Co. Ltd.

The Flat Rate Cellular Package offers the following Service:
Basic Softbank White Plan Monthly Fee
Anshin Pack (Damage Insurance)
Unlimited Internet Packets Pack (Flat rate and Light rate plans)
S! Basic
Pack
Billing & English Support Services
Universal Charge
Monthly Rental Fee

*Calling rate is 21 yen /30secs to non-Softbank cells, fixed lines or outside of the Softbank free calling time plan.

*Various special number services, such as voicemail (1416), are billed at ¥21/30 sec.

*If SoftBank International Call Services, International Messaging Services, and Global Roaming Services are used outside Japan, the standard Global Service call/communication rates will apply.

*If a customer subscribes with SoftBank using Mobile Number Portability (MNP), the years of subscription with the previous carrier's mobile phone are carried over. In order to verify this length of use, copies of documents (account statements, etc.) confirming period of subscription for the previous mobile phone are required.

*For calls extending across the time zone (either after 9PM or before 1AM), the billing unit (30 sec.) that extends over the time zone will be free of charge.

*Customers may not use Voice Call fees display function. (Voice Call fees will not be displayed on the handset screen.)

*If using the B-line of a double number, basic monthly fee is ¥840/month. *White Plan may not be used for the purpose of providing electronic communications services to other persons. Furthermore, if SoftBank or T-1 Communications judges that the customer (after joining White Plan) is using this service for the purpose of providing electronic communication services, the plan will be changed to another payment plan specified by SoftBank.

*The aforementioned items may not be applicable to some handsets.

*All amounts shown include consumption tax.

Content subject to additional fees

Some content may be subject to additional fees OUTSIDE OF MCALL FLAT RATE PLAN.

* Rates for S! Mail (MMS) sending/receiving, web access, PC Site Browser (including PC e-mail), and PC Site Direct are ¥0.084/packet.

* Maximum fees for PC Site Direct are ¥9,800/month. (Only for X Series.)
* Maximum fees for PC Site Browser (including PC e-mail) are ¥5,980/month.
* Packet Flat-rate Full subscribers must also purchase S! Basic Pack (¥315/month).
* Some transmissions are not covered by flat-rate packages, EVEN WHEN USING THE Unlimited Packet Discount or Packet Flat-rate Full.

Unlimited Packet Discount and Packet Flat-rate Full fees DO NOT cover the following:
* Functions of certain handsets (such as the 705NK)
* Connecting a mobile phone to a computer via USB cable
* Mobile data transmission using SoftBank Connect Card (including Access Internet)
* Overseas use of SMS, S! Mail (MMS), or web access
* International SMS, international S! Mail (MMS), SMS, voice calls or video calls

2.0 Rental Mobile phones and accessories (Equipment) Rental Mobile phones and accessories (herewith "Equipment") are usable only in Japan.

2.1 Service Interruptions
Member agrees that T-1 will not be liable for any service interruptions caused by events beyond the control of T-1 such as weather conditions, location or lack of telecommunication facilities. Non-IDD (i.e. operator call) and incoming collect calls are not available with the rental mobile phone.

3.0 Execution of Contract

The contract shall be deemed executed when T-1 accepts Member's application in its regular procedure and registers the rental of the Equipment to Member in its system.

4.0 Rental Period
The rental period will be counted in monthly increments and will be defined as the number of months from start of use until the end of use. The minimum rental period will be set at 24 months. The initial monthly Flat Rate charge will be prorated dependent upon the remaining days in any given month the Member registers. The final monthly Flat Rate charge will be prorated dependent upon the remaining days of the Rental Period to equal to total of 24 months. Billing will commence from the date the equipment is sent to Member. The rental period will be automatically extended in additional 2 year periods unless notification by member to discontinue the Service.

4.1 Transfer of Rental Contract
If the Member is unable to complete the 2 year rental period, the member may request T-1 to allow them to transfer the rental contract and associated equipment for the remainder of the rental period to a third party of their introduction. The transfer application of the new party introduced will be subjected to acceptance by T-1 as in Clause 1.0.

5.0 Application
If Member is a first-time applicant, Member must submit a completed copy of the T-1 Flat Rate Cellular Package Application.
Despite completing all the requirements, Member agrees that there may be times T-1 may not be able to provide the service, due to lack of inventory and other reasons.

5.1 Receipt of Cell phone and equipment
Upon receipt of the rental cell phone equipment, Member will provide T-1 with a payment of [15,000 Japanese Yen ] against a one time, non-refundable line registration and servicing fee of [3,835 Japanese Yen]. The remaining deposit amount will be deducted from the Member’s last month of the 24 month rental period and/or the last payment after cancellation or termination of the rental agreement.

6.0 Delivery of Equipment
T-1 will thoroughly check the condition of the Equipment prior to shipping, and will send Equipment within 2 working days to the Member at the member’s cost. T-1 shall not be liable for any interruptions in the Member’s services or refunds due to delays caused by postal or courier services to complete delivery.

7.0 Return of Equipment & Delays
Member shall return the Equipment within 5 working days after the last use via post or courier services at their own expense.
If Member fails to return all or a part of the Equipment to T-1 or, if Member cannot be located after 10 working days, T-1 will charge a one time Equipment charge fee for the orginal cost of the Equipment to the Member’s credit card along with any and all outstanding charges.

Further, if Member returns the mobile unit by courier or post, Member will be charged for any unpaid delivery fees involved in receiving the mobile unit.

8.0 Charges & Fees
Member’s Mobile Rental Agreement period is 24 months. If charges and/or fees can not be collected from Member for 2 consecutive weeks after a Payment Due Date and T-1 has not received any kind of confirmatino that payment will be made from the Member in regard to payment, T-1 will terminate all functions of the rental cell phone unit and bill the Credit Card information provided the total amount of the remainder of the contract along with the cost of the Equipment along with all outstanding usage charges. T-1 will make its best effort to contact the Member upon failure to receive payment.

9.0 Damaged Equipment
In the event of a member returning damaged Equipment or requesting replacement of damaged Equipment in which the cause of damage was not covered by Anshin Plan, T-1 will charge a one time Equipment fee for the replacement cost of the Equipment to the Member’s credit card or other method of payment.

10.0 Invoice and payment of Charges
Rental and usage charges will be combined with other T-1 charges (international and domestic calling using 0063) for lump-sum monthly payments. Member acknowledges that T-1 requires a credit card as security against failure to make payment from individuals and other first-time applicants.

Member acknowledges T-1 may claim the rental fee portion for the entire rental period prior to the end of the rental period for failure to make payments to T-1.

Member also acknowledges that usage charges will be aggregated on a month-end basis and charged accordingly.
For late or delinquent payments of postal or bank transfers, (payment not received after the Due Date of each month following the month service has been provided) an additional 500 Yen penalty charge will be applied.
T-1 shall make its best effort to inform Member of any delinquent payment penalties, cancellation fees, and replacement charges.

11.0 Cancellation

Should Member need to cancel a contract prior to the end of the first rental period (the first 24 months), Member must inform T-1 immediately, and will incur a cancellation charge. Member acknowledges that the cancellation charge will be 10,500 tax inclusive, unless the member is able to provide a third party to assume responsibility for the remainder of their contract as described in Article 4.1.

Member may cancel without paying the cancellation fee in the 13th month of a 12 month contract or the 25 month of a 24 month contract. Cancellation at any other time will be subject to a cancellation charge of 10,500 tax inclusive.

11.0.1 Use of SIM card / Network after Cancellation

MCall will not accept responsibility for charges generated by Members who continued to make obvious and/or consistent use of a SIM card/Mobile service connections after cancellation. Any mobile line SIM card and network connection that has inadvertently remained active and incurred charges where the Member has demonstrated consistent use of the Services remain the responsibility of the Member until completion of the termination.

Although Network termination of the SIM card is normally consistent, termination on the exact date of the cancellation request IS NOT GAURANTEED.

MEMBER WILL BE HELD RESPONSIBLE FOR CONTINUED USE OF SERVICES

including but not limited to international or domestic voice services, international or domestic SMS text mail services and international or domestic internet services, etc. until SIM is deactivated from Softbank systems.

Any SIM remaining ACTIVE must be reported immediately to avoid continued charges.

12.0 Verification of Equipment Condition
Member shall verify the condition of the Equipment when Equipment is delivered, and upon finding any insufficiency or damage, must immediately notify T-1.

If no such notification is made, Member is deemed to have verified the condition as acceptable, and Member is liable for any loss/damage of the equipment during the rental period.

13.0 Management of Equipment
Member shall use and manage the equipment in good faith, following the manner designated by T-1.

Member must immediately report to T-1 if the equipment is lost or damaged. In the event of Item 2 above, unless the fault lies with T-1, Member shall be liable for lost or damaged equipment and pay for costs and expenses in recovering the Equipment.

14.0 Prohibited Acts

The following acts are prohibited:
Acts that may damage performance of the equipment including but not limited to converting, disassembling, or attaching other electrical parts to, the Equipment.
Acts that infringe upon T-1’s ownership of the Equipment, including but not limited to subleasing, transferring, or mortgaging of the Equipment.

ACTS SUCH AS REMOVING THE SIM CARD FOR USE IN A DEVICE THAT HAS NOT BEEN PROVIDED OR APPROVED BY T-1 COMMUNICATIONS.
(examples: iPHONE, BLACKBERRY,OTHER PDA,PC, ETC)

SUCH AN ACT WILL BE CONSIDERED GROUNDS FOR THE IMMEDIATE CANCELLATION OF SERVICES and USER WILL BE LIABLE FOR ANY AND ALL ADDITIONAL CHARGES.

15.0 Immunity
Member acknowledges that T-1 will not be liable for any loss or damage to Member.

16.0 Contract Termination
T-1 reserves the right to suspend or terminate the Rental contract immediately, without prior notice, in any of the following cases;
Member makes false representations in the application process.
Member breaches any of these Terms and Conditions.
Member uses Equipment to infringe upon Japanese law or other illegal purposes.

Upon termination under Item 16 above, Member shall pay immediately for any liability claimed by T-1 with regard to all costs and expenses for Rental and/or liabilities in consequence of Member's action. Member shall immediately return the equipment to T-1.

17.0 Changes to Terms and Conditions
T-1 will make its best effort to inform Member of any changes in Terms and Conditions in a timely manner.

18.0 Jurisdiction
Member agrees that any legal conflicts shall be under the jurisdiction of Japanese law. Any disputes, dissents or claims arising out of, or relating to the agreement and its violation, termination or validity shall be settled in the Tokyo District Court.

Trademarks

All trademarks appearing on the service are trademarks of their respective owners.