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This is an Agreement between you (the User) and Intisar Technology K.K. (Intisar)
for Services, and will become effective upon completion of the Application Form.
You agree and acknowledge that Intisar may refuse to accept this Agreement if
Intisar believes that you may be unable to perform, in whole or in part, the obligations
hereunder. DEFINITIONS Agreement means these terms
and conditions and any schedules attached hereto, and the Application Form, all
of which are part of this Agreement and are incorporated by reference herein.
Application Form means the both the Application Form and the Agent
Application Form found on the Go Mobile Website. Basic Charge
means the charge for Services that includes the usage of the handset for the designated
period and the stipulated amount of Included Airtime, but does not include any
other charges. Designated Service Area means the country or countries
that you intend to use the phone in as designated on the Application Form.
Equipment means the mobile telephone(s) and accompanying accessories
which includes the battery, sim card, and charger. Go Mobile Website
means the website found at www.gomobile.co.jp Included Airtime
means calls made or received on the Equipment that are included in the Basic Charge
and may only include domestic calls in some cases. The types of calls that may
be Included Airtime for each Designated Service Area shall be published on the
'Rates' page of the Go Mobile Website. Rental Period means from
the 'Start Date' until the 'End Date' as entered by User on the Application Form.
Service means Equipment and wireless communications services provided
by Intisar. Start Date means the 'Start Date' entered on the Application
Form. 1. Right to Use Upon successful completion of the Application
Form, Intisar shall grant User the right to use the Service for the Rental Period
based on the terms and conditions described in this Agreement. 2. Domestic
Calling Rates Go Mobile rates may vary depending on the Designated Service
Area and service plan and may change from time to time. A complete list of country
rates is published on the Go Mobile Website. Calls are billed in full minute increments
with partial minutes rounded to the next full minute. Local calls are measured
from approximately the time the called party answers until approximately the time
User presses "End" or "No" or the other party disconnects
from the line. Connected calls to fax machines, answering machines and voice mail
will be charged in the same way. 3. International Calling Rates
International calls are charged in accordance with the rates published in the
'international rate guide' in the 'Rates' section on the Go Mobile Website. Charges
to international mobile phones may be higher than fixed line rates in certain
countries. International calls, or other calls made through the Switch, are charged
from the time that the User connects to the Switch until approximately the time
you press "End" or "No" or the other party disconnects from
the line. Calls are billed in full minute increments with partial minutes rounded
to the next full minute. You will be instructed to dial through the Switch when
making international calls. If User makes and international call by dialing direct,
rather than dialing through the Switch as instructed, User shall be charged for
the cost of the call (as billed by Go Mobile's suppliers) + 20%. This may be up
to ten times the cost of calling through the Switch, depending on the supplier
and the country called. 4. Roaming Higher charges shall apply
to services used outside of the User's Designated Service Area. Users will be
instructed to dial directly when roaming rather than dialing through the Switch.
Additional charges shall apply to calls made through the switch (roaming rate
+ international rate published in 'International Rates' section on website).
5. Email and Internet Charges Go Mobile phones may be Email and Internet
capable. Email, Internet and SMS are charged on a pay per use basis. If User accesses
any of these services User shall be charged in accordance with the rates published
on the Go Mobile website. Higher charges apply for Internet, Email and SMS used
and photos sent while roaming. 6. Service Availability Service
is subject to approval at our sole discretion. Intisar may choose not to provide
service to countries or calling areas at its sole discretion. Intisar may prevent
use of service for any reason, including fraudulent calling patterns, excessive
usage, billing irregularities and unlawful use. If User's credit card is invalid
or payment is declined by the issuer at the time a charge is attempted, User will
not be able to use the Service until the account is paid in full. 7.
Charges User is responsible for paying all charges to their account including
but not limited to: basic charges, international, long distance, roaming, concierge
minutes, email, internet, sms, data, directory assistance, sales taxes or other
fees. If User activates Service on behalf of an entity but was unauthorized to
do so, User shall be personally responsible for all charges to the account and
will be fully bound by this Agreement as though User had activated Service on
User's own behalf. 8. Basic Charge The Basic Charge includes
free rental for the designated period and the stipulated amount of Included Airtime.
If the Equipment is not received by Intisar by the end of the period included
in the Basic Charge, User shall be charged an additional Basic Charge and will
be credited the respective amount of additional Included Airtime. 9.
Billing and Payment All charges will automatically be posted to the credit
card account entered on the Application Form. No additional notice or consent
will be required for charging Service use to User's credit card. Intisar shall
take a ¥70,000 preauthorization from User's credit card as security for payment
for all charges due under this agreement. A further preauthorization amount of
¥50,000 shall be taken from User's credit card for each additional phone ordered.
User agrees that Intisar is hereby authorized to deduct from the preauthorization
all monies due and payable under this agreement if the credit card is declined
during or after the usage period. In the event that Intisar accepts from User
a credit card number for the purposes of charging all monies payable hereunder
to that credit card, Intisar is hereby irrevocably authorized to lodge same with
the credit provider for payment at the time when monies are due and payable.
10. User's Acknowledgements User acknowledges that; a) the Equipment
is the property of Intisar and this agreement does not give User any interest
whatsoever in the Equipment other than the limited right to use the Equipment
for the Rental Period. b) User shall be strictly liable to Intisar for any
damage or loss caused to or by the Equipment for any reason whatsoever. c)
the Equipment can only operate in the areas or to the extent of the mobile telephone
network to which it is linked or has access. d) User is responsible for the
payment for all charges, even though any other person used the Equipment.
e) If the security settings on the handset are tampered with, User shall be liable
for charges incurred in restoring these settings. 11. Equipment Failure
If the Equipment malfunctions and becomes inoperable during the Rental Period,
User shall return the Equipment to Intisar who shall repair or replace the Equipment
for the remainder of the Rental Period at the cost of Intisar provided that no
such malfunction or damage to the Equipment was caused by User. User shall not
attempt to repair or tamper with the Equipment in any way whatsoever. 12.
Loss/Replacement If User loses or damages the Equipment, the User's liability
for the Equipment loss or damage shall be limited to the amount specified in table
12.1 and is dependant upon the phone model. Table 12.1
Phone Model |
Replacement |
Battery |
Charger |
Charger Panel |
Battery Cover |
| With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
Toshiba A5516T
. |
¥40,000 |
¥60,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
Sanyo E02SA
. |
¥50,000 |
¥70,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
Samsung 707SC
. |
¥50,000 |
¥70,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
13. Insurance If User purchases insurance, User shall
be charged the daily insurance rate as set out on in the Application Form from
the Start Date until the Equipment is received by Intisar. If User has purchased
insurance, then User's liability for the Equipment loss or damages shall be reduced
to the amount specified in table 12.1. User must immediately report any loss or
damage to Go Mobile in order to activate call barring on the sim card/handset,
and shall be responsible for all charges until such loss or damage is reported
to Intisar.
14. Disputes All amounts due, including disputed
amounts, must be paid by the due date regardless of the status of any objection.
Disputed amounts can be addressed in the following ways: (1) by contacting Go
Mobile customer service by phone, or (2) in writing or email to the address contained
on our invoice. All disputes must be received within 60 days after the date of
invoice. If these requirements are not met User will waive any objections. If
the desired results are not achieved after attempting to resolve disputes by telephone
User must state the dispute in writing and mail to the address contained on the
invoice within 60 days after the date of invoice. 15. Service Termination/Default
Default will occur where the User (a) Fails to pay any amount owed to Intisar
within 30 days after the date of invoice; (b) breaches any representations made
to Intisar; (c) fails to perform any of the promises made in this Agreement; or
(d) Is subject to any proceeding under the Bankruptcy Act or similar laws. If
Intisar determines that a default has occurred, Intisar may, without notice to
User, suspend Service and/or terminate this Agreement. User agrees to pay all
costs, including reasonable attorney fees, collection fees and court costs that
Intisar incurs in enforcing this Agreement through any legal process. 16.
Cancellation of Service
Cancellations that are received more than five
days prior to the start date will be subject to a ¥1,500 processing fee. Cancellations
can not be made less than five days prior to the start date or after the phone/s have been shipped and User will be responsible
for all charges.
17. Unauthorized Use/Stolen Phone If the Equipment
is stolen or if User becomes aware of unauthorized use of the Service User must
notify Intisar immediately to suspend Service. User is responsible for all calls
and other charges incurred using the Equipment until Service has been suspended.
18. Change to This Agreement Intisar may amend the terms of this Agreement
at any time. If User does not agree to the amendment, User may terminate the Agreement
immediately and will not be charged any early cancellation fee. If User uses the
Service after being notified of a change, User agrees to that change. User is
eligible to participate in any promotions for which User qualifies, provided that
User complies with all requirements of the promotion. All billing changes will
be in effect by User's next billing cycle. 19. Limitation of Liability
Intisar is not liable for (a) acts or omissions of another service provider,
for information provided through the Equipment, Equipment failure or modification,
or causes beyond Intisar's reasonable control; (b) service outages nor for
service limitations or interruptions; (c) any accidents or incidents which
result from the use of Service by User or any other person. This paragraph
shall survive termination of this Agreement. Intisar's liability and
the liability of any underlying carrier for any failure or mistake shall in no
event exceed Intisar's service charges during the affected period. Intisar and
any underlying carrier shall not be liable for (a) any incidental, punitive
or consequential damages such as lost profits, whether they be direct or consequential;
or (b) economic loss or injuries to persons or property arising from the use
of service. This paragraph shall survive termination of this Agreement.
20. Indemnification User agrees to defend, indemnify, and hold Intisar,
Intiar's affiliates and representatives and any other service provider, harmless
from claims or damages directly or indirectly relating to this Agreement or the
use of the Equipment and Service. This paragraph shall survive termination of
this Agreement. 21. No Warranties Intisar makes no express warranty
regarding the Service or Equipment and disclaims any implied warranty, including
any warranty of merchantability or fitness for a particular purpose. Intisar does
not authorize anyone to make any warranty on its behalf and User should not rely
on any such statement. The only warranties given by Intisar are those expressly
provided herein. Nothing in the agreement shall be taken to exclude or limit such
warranties or rights which cannot be so excluded or limited by statute. Where
such laws permit Intisar's liability for a breach of any such implied condition
of warranty, such liability shall be limited to replacement repair or re-supply
only. In all other respects Intisar shall not be liable to User or any other person
for any reason whatsoever in respect of the use of the Equipment. Notwithstanding
anything set out herein, User acknowledges and agrees that Intisar shall not be
liable for any consequential loss or damage in respect of any cause whatsoever.
In no event shall the liability of Intisar, if any, for damages relating to this
Agreement exceed the actual amount paid by User to Intisar in accordance with
this Agreement. This paragraph shall survive termination of this Agreement.
22. Privacy Intisar shall not liable for any lack of privacy User may
experience while using the Service. Intisar has the right to provide subscriber
billing and call records and related information under certain circumstances (for
example, in response to lawful process, warrants, subpoenas or to protect our
rights or property.) 23. Assignment Intisar may assign all or
part of this Agreement without such assignment being considered change to the
Agreement, and without notice to you. Intisar is then released from all liability.
User may not assign this Agreement without Intisar's prior written approval.
24. Force Mejeure Neither party shall be liable to the other for failure
or delay in the performance of a required obligation under this Agreement (other
than a payment obligation) if such failure or delay is caused by strike, riot,
fire, flood, earthquake, natural disaster, acts of terrorism or other similar
cause beyond such party's reasonable control, provided that such party gives prompt
written notice of such condition and resumes its performance as soon as possible,
and provided further that the other party may terminate this Agreement if such
condition continues for a period of one hundred eighty (180) days. 25.
Governing Laws This agreement shall be governed by and construed in accordance
with the Law of Japan and the parties submit to the non-exclusive jurisdiction
of the Tokyo District Court of Japan 26. Entire Agreement This
Agreement represents the entire agreement between the User and Intisar and supersedes
all prior offers, contracts, agreements and representations. This Agreement supersedes
all promises made to you by our customer service agents, representatives or employees.
If there are any discrepancies between the English and Japanese versions of this
Agreement, the English version shall be used to settle any disputes. If any part
of this Agreement is found invalid, the balance remains enforceable. | |