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This is an Agreement between your company or organization (the User) and Intisar
Technology K.K. (Intisar) for Services, and will become effective upon receipt
of notice that you have become a Go Corporate Member. 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,
the Application Form, SuperCall Application Form and the Go Corporate Membership
Form, all of which are part of this Agreement and are incorporated by reference
herein. Application Form means the Go Mobile Corporate Application
Form for Mobile Phone Rental found on the Go Mobile Website. Basic
Charge means the charge for Services that includes usage of the handset for
the Rental Period and Included Airtime, but does not include any other charges. Basic
Charge SuperCall means the monthly charge for Super 5 or Super 20 per Registered
Line. 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 Corporate Membership
Form means the Go Corporate membership form found on the 'Corporate' page
of the Go Mobile Website. 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 only includes
domestic calls. Included Airtime for each Designated Service Area shall be published
on the 'Rates' page of the Go Mobile Website. Minimum Initial Period
means the Start Date and 90 days thereafter. Registered Lines
means the landline(s) and/or mobile line(s) which are registered for Super 5 or
Super 20. Rental Period means from the 'Start Date' until the
'End Date' as entered by User on the Application Form. Service means
Equipment and all communication services provided by Intisar. Start
Date means the 'Start Date' entered on the Application Form. Super5
means all calls made through a Registered Line to USA Mainland, Hawaii, Canada,
Hong Kong and Singapore terminating in a landline or a mobile phone. Super20
means all calls made through a Registered Line to a Super5 destination that
terminate in either a landline or mobile line; or calls that are made to a landline
only in Australia, Taiwan, France, Belgium, Italy, Netherlands, United Kingdom,
Ireland, Germany, Denmark, Austria, Sweden, Spain and Norway. SuperCall
Application Form means the SuperCall Application Form found on the Go Mobile
Website. 1. Go Corporate Membership By completing the Go Corporate
Membership Form, the User agrees to purchase an initial order equivalent to five
phones or 25,000 yen. 2. Right to Use Upon successful completion
of the Corporate Application Form, Intisar shall grant User the right to use the
Service based on the terms and conditions described in this Agreement.
3. 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. 4. International Calling Rates a)
Rental Mobile Phones International call rates may vary depending on the
Designated Service Area and service plan and may change from time to time. 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) + 30%. This may be up to ten times the cost of calling through the
Switch, depending on the supplier and the country called. b) International
Calls - SuperCall International call rates may vary depending on the Designated
Service Area and service plan and may change from time to time. International
calls are charged in accordance with the rates published in the 'SuperCall rates
guide' in the 'SuperCall' 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. 5.
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). 6. Email/Internet and SMS 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 based on usage and the charges will vary according to the country the
service was used. Higher charges apply for Internet, Email and SMS used and photos
sent while roaming. 7. 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. User will not be able to use the Service
until the account is paid in full. 8. 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. 9. 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 within one week of the End Date, User shall be charged an additional
Basic Charge that will give User an additional period of usage of the handset
and Included Airtime. The additional period of usage charged shall be in increments
of one calendar month for rental for overseas mobiles and seven days for rental
of Japan phones until the phone is received by Go Mobile. No refunds will be made
for partial periods. 10. SuperCall Basic Charge The SuperCall
Basic Charge is a monthly charge billed in advance with a Minimum Initial Period.
Cancellations to the service must be received in writing 60 days in advance of
cancellation date. Partial periods will be prorated and User is responsible for
all charges up to and including the date of cancellation. International call rates
may vary and the SuperCall Basic Charge may change from time to time. Intisar
reserves the right to change, add or delete any of the countries of service in
Super5 and super 20. 11. Billing and Payment Intisar shall bill
User monthly for all charges payable under the account. Payment shall be made
by bank transfer to the account designated by Intisar. User shall pay bills in
full by the due date indicated on the invoice. Failure by the User to pay by the
due date any amounts owed under this Agreement shall make the User liable for
the payment of interest to Intisar on the balance outstanding from the due date
at the rate of two percent (2%) per annum. 12. Deposit A deposit
of 40,000 yen per phone, or as otherwise agreed between the parties, shall be
required from the User. If User defaults in payment at any time, Intisar is hereby
authorized to deduct from the deposit all monies due and payable under this agreement,
including, but not limited to monies owed for loss or damage of the Equipment.
The User may request that any deposits be refunded after returning the Equipment,
or may request that Intisar keep the deposit for them until the next time that
they order. 13. 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. 14. 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. 15.
Insurance/Loss and Replacement of phone 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 14.1. 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. A replacement phone will be sent to User. Shipping costs are the responsibility
of the User and no refunds will be issued to User for unused Initial Minutes or
Basic Charges. Table 14.1
Phone Model |
Replacement |
Battery |
Charger |
Adapter |
Charger Panel |
Battery Cover |
| With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
With Insurance |
Without Insurance |
| Sony Ericsson T226 |
¥30,000 |
¥50,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
| Sony Ericsson Z200 |
¥30,000 |
¥50,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
Nokia 1100
. |
¥30,000 |
¥60,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
Nokia 2610
. |
¥40,000 |
¥60,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
| Sony Ericsson T616 |
¥40,000 |
¥60,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
Toshiba A5516T
. |
¥40,000 |
¥60,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
N/A |
N/A |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
Sanyo E02SA
. |
¥50,000 |
¥70,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
N/A |
N/A |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
Samsung 707SC
. |
¥50,000 |
¥70,000 |
¥6,000 |
¥8,000 |
¥2,500 |
¥3,500 |
N/A |
N/A |
¥1,500 |
¥2,000 |
¥2,000 |
¥3,000 |
Motorola V400
. |
¥40,000 |
¥75,000 |
¥8,000 |
¥10,000 |
¥4,000 |
¥6,000 |
¥1,500 |
¥2,000 |
N/A |
N/A |
¥4,000 |
¥6,000 |
Motorola V551
|
¥55,000
|
¥60,000
|
¥8,000
|
¥10,000
|
¥4,000
|
¥6,000
|
¥1,500
|
¥2,000
|
N/A
|
N/A
|
¥4,000
|
¥6,000
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16. 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 14.1. User must immediately
report any loss or damage to Intisar by email and/or by telephone 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.
17. 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.
18. 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. 19. Cancellation of Service
Cancellations that are
received more than five days prior to the start date will be subject to a 1,500
yen 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.
20. 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. 21. 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. 22. 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. 23. 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. 24. 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. 25. 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.) 26. 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. 27. 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. 28. 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 29.
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 Agreement shall
be used to settle any disputes. If any part of this Agreement is found invalid,
the balance remains enforceable. | |