Chapter 1 General Principles
Section 1 General Rules
Article 1 (Definition of terms)
- “Company / We”: PRIME STRATEGY CO., LTD.
- “Applicant”: Person / party applying for our services.
- “Contract”: Contract on basis of the rules.
Article 2 (Application of rules)
The Company shall enter into a Contract on the basis of the Rules and offer services described in the following articles. The Applicant shall be considered to have accepted the Rules at the time of making the application.
Article 3 (Amendment of rules)
The Company may change the Rules without any notice, and contents of the contract shall follow the revised rules. Moreover, when changing the Rules, the Company shall publish the changes on the Company’s website and store the related materials in the Company.
Article 4 (Types and details of services)
Types and details of services offered by the Company shall be according to the details described on the website of the Company and other documents stored within the Company. The Company may change types and details of services at its discretion without any notice. Types and details of services shall follow the types and details of services after amendment.
When the Company offers a new service, the Rules shall apply to such service unless specified otherwise.
Article 5 (Scope of services)
Derivative outcomes that fall under the following shall be be outside the scope of services, and the Company shall not offer any warranty whatsoever.
・Outcomes resulting from the services (increase in the number of inquiries, sales revenue, others)
Section 2 Execution of contract
Article 6 (Application)
In the event of the following, it shall be regarded that an application was made for the services offered by the Company.
- When the required items are filled in the application slip, application form, etc. designated by the Company, and it is submitted or sent to the Company
- When the Company is asked verbally, in writing, by post, or by email to provide a proposal related to the service
Article 7 (Rejection of application)
The Company may not accept the application in any of the following achievementss.
- When the Company has determined that offering of the services pertaining the application is difficult
- When there is a concern that the Applicant will fail to fulfill its obligations under the Contract with the Company
- When it is likely that offering of the services to the Applicant may result in the loss of social credibility of the Company of the services
- When it is found that the Applicant is a member of an organized crime group or a member of other anti-social association
- When the Company has determined that it is not appropriate to accept the application
The Company shall not have any obligation to disclose the reason of rejection.
Section 3 Responsibilities of the Applicant
Article 8 (Service fees)
Fees for the services shall be as described on the website of the Company.
Amount payable by the Applicants to the Company shall be the amount obtained by adding to the fees for services the amount equivalent to consumption tax levied on such fees (hereinafter referred to as “Fees”).
Because of changes in the prices of services and goods required for operations and management of the Company, when the Company has determined that fees of the services are inappropriate, the Company may revise the fees of the services even if it is during the contract term.
Article 9 (Payment method)
Unless specifically set forth at the time of contract, payment method shall be bank transfer. Bank transfer charges shall be borne by the Applicants.
Article 10 (Payment due date)
Unless specifically set forth in the Contracts, last date of the month in which the Company made the delivery shall be taken as the reference date for calculating the fees. The Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
In the achievements of continuing contracts, unless specifically set forth at the time of contract, last date of each month shall be taken as the reference date for calculating the fees, and the Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
In the achievements of continuing contracts with annual lump sum payment, unless specifically set forth at the time of contract, start date of use shall be taken as a the reference date for calculating the fees, and the Applicants shall pay the fees by the last date of the next month of the reference date for calculating the fees.
Article 11 (Management of password and confidential matters)
With regard to the password issued by the Company for using the services and other confidential matters, and password set by the Applicants and other confidential matters, the Applicants shall not disclose them to a third party without the Company’s consent. The Applicant shall strictly set and manage them such that a third party cannot guess the password.
Article 12 (Changing the current state)
When the Applicant wishes to make the following changes to the Company’s server and other electrical and communication facilities, the Applicant shall make such changes at its responsibility. The Applicant must obtain the prior approval of the Company in such achievementss.
- Storing large size data
- Installing software
- Changing file configuration in the server
- Other changes that may have significant effect on the Company’s server and other electrical and communication facilities
The above mentioned changes to the current state shall be made by the personnel designated or approved by the Company, and as per the method designated or approved by the Company. Notwithstanding, burden of expense shall be decided after a separate discussion between the Company and the Applicant.
In the event the Applicant has made changes to the current state violating this provision, the Company may restore the current state at the Applicant’s expense burden.
Article 13 (Late payment charge)
In the event the Applicant has delayed the payment of fees, the Applicant shall pay the Company late payment charges at the rate of 14% per annum.
Article 14 (Penalty for breach of contract)
The Applicant shall pay the designated penalty for breach of contract in the following achievementss.
- After entering into the contract, in the event provision of the services has become difficult because of the reasons not attributable to the Company, pay 100% of contract money as the penalty for breach of contract.
Article 15 (Prohibited matters)
Applicants shall not commit the following acts.
- Acts that violate or that may violate public order and morals
- Criminal acts and acts that violate or that may violate laws and regulations
- Acts that interfere or that may interfere with the provision of the services by the Company
- Acts that would make the Company determine inappropriateness as the Applicant of the services
Article 16 (Compensation for damage)
When the Applicant, Applicant’s employee, and other parties related to the Applicant has violated the Rules causing damages to the Company, the Applicant shall pay the Company compensation for such damages.
Section 4 Handling of Personal Information
Article 17 (Protection of personal information)
Section 5 Suspension and Discontinuation of Offering of Services
Article 18 (Suspension of offering the services)
The Company may suspend provision of the services in the following events.
- When the suspension is unavoidable for maintenance, repair, and the like of the servers and other electrical facilities managed by the Company
- When an electronic communication company has stopped offering services to the Company
When suspending the services, the Company shall notify the Applicants about such suspension, its reasons, and period in advance or on the ex post facto basis. Notwithstanding, this shall not apply in achievements of emergencies.
When the Company has suspended offering of the services because of the above mentioned reasons, the Company shall not have any responsibility of making compensation for the damages suffered by the applicants.
Article 19 (Temporary suspension of provision of services)
When the Applicant falls under any of the following, the Company may temporarily suspend the provision of the services to the Applicant.
- When the Applicant has delayed the payment of fees
- When such suspension is found necessary under conventional wisdom
When the Company has temporarily suspended provision of the services because of the aforementioned reasons, the Company shall not have any responsibility of making compensation for the damages incurred by the Applicant.
Article 6 Expiry of contracts
Article 20 (Cancellation of contract)
In the event of the following circumstances, the Company may immediately cancel the contract without any notice or formal demand to the Applicant.
- When the Applicant falls under any of the clauses of Article 12.1 (Prohibited matters)
- When the Applicant is subject to a petition of seizure, provisional seizure, provisional disposition, coercive collection, or auction
- When the Applicant is subject to a petition of bankruptcy, civil rehabilitation, corporate liquidation, special liquidation, corporate reorganization, and the like
- When payment is suspended because of dishonoring of a cheque or a bill
- When the Applicant has violated the Rules
Applicants who have entered into a contract for continuous services with the Company may cancel the contract from the last date of the next month by notifying the company prior to 20th of the preceding month. Even when the Applicant has canceled the contract in the middle of the term under the preceding paragraph, fees already paid by the Applicant shall not be refunded under any circumstances whatsoever.
Article 21 (Contract term, cancellation, and automatic renewal)
Contract term shall be basically as per the provisions in documents etc. at the time of entering into the contract.
For continuous contracts, except when specifically set forth in writing at the time of entering into the contract, unless the Applicant expresses its intention to terminate the contract to the Company prior to 20th of the previous of date of expiry of the contract, the contract shall automatically renew for another one (1) year, and the same shall apply to the subsequent terms too
For non-continuous contracts, when not specifically set forth in writing etc. at the time of execution of the contract, date of contract execution shall be the start date of contract period, and the contract period shall be until the point in time where the Company has completed delivery to the Applicant and the Company has confirmed the receipt of payment in full from the Applicant.
Article 22 (Steps to be taken upon contract expiry)
Upon expiry of the contract, the Company shall store the data pertaining to the Applicant for a certain period of time, and the Company shall delete it when the Company has found that data is no longer required. When the Applicant has requested access to data pertaining to the Applicant after the contract expiry, the Company may accommodate such request limited to the extent of data stored in the Company.
Section 7 (Compensation for Damage)
Article 23 (Limitation of compensation for damage)
In the event the Applicant could not avail the services because of the reasons attributable to the Company, the Company shall acknowledge unavailability of the services for the applicant, and provided that this situation continues for 48 hours or more as calculated from the start time of unavailability of the services, upon the Applicant’s demand, the Company shall make compensation for the actual damages suffered by the Applicant with the upper limit of such compensation being the amount obtained by multiplying the number of days of unavailability of services with 1/30th of one month’s service fees (fractional amounts less than 1 Yen shall be discarded). Notwithstanding, when the compensation amount payable by the Company is less than 10,000 Yen, in lieu of making payment of the compensation amount, the Company may extend the contract term with the equivalent period as time when the services were unavailable.
When the Applicants have suffered damages because of the services offered by electronic communications company, and when the Applicants have made a claim for compensation of such damages on the Company, the amount of compensation for damages received by the Company from the electronic communications company regarding the electronic communication service shall be the upper limit of total amount of compensation for damages for all Applicants.
This shall not apply after it is conventionally accepted that delivery is completely, service period has expired, or provision of services has completed.
Article 24 (Disclaimer)
Unless specifically set forth in the rules, for the damages suffered by the Application in relation to using the services, the Company shall not assume any responsibility for non-fulfillment of obligations, responsibility for illegal acts, and responsibility to make compensation notwithstanding the other legal responsibilities to compensate.
As for the disputes that occurred between the Applicant Man and the dead services, the Applicant shall resolve such disputes at its responsibility and the Company shall have no responsibility whatsoever.
Section 8 Miscellaneous Provisions
Article 25 (Governing law)
The Rules and the Contracts shall be regarded to have been prepared according to the laws of Japan, and they shall be interpreted according to the laws of Japan.
Article 26 (Resolution of dispute)
In the event of any dispute or doubt regarding the contracts entered into on the basis of the Rules, or for the matters not decided beforehand, the Company and the Applicants shall discuss in sincere faith and arrive at a solution.
For lawsuits related to the contracts entered into on the basis of the Rules, the Tokyo District Court of the Tokyo Summary Court shall be the jurisdictional court.
Chapter 2 Website Development Service
Article 27 (Contents and scope of service)
Types, details, scope, and the like of the website development service offered by the Company to the Applicants shall be as per the description on the Company’s website and the material stored by the Company.
Chapter 3 System Development Service
Article 28 (Contents and scope of service)
Types, details, scope, and the like of the system development service offered by the Company to the Applicants shall be as per the description on the Company’s website and the materials stored by the Company.
Chapter 4 Server Hosting Service
Article 29 (Details and scope of service)
Types, details, scope, and the like of the server hosting service offered by the Company to the Applicants shall be as per the description on the Company’s website, and the materials stored by the Company.
Article 30 (Steps to be taken upon contract expiry)
Upon expiry of contracts, unless specifically requested by the Applicants within 30 days of contract expiry, the Company shall delete all data (except customer registration information) pertaining to the Applicants recorded in the servers managed by the company at any time.
Article 1 (Start date of application)
The rules shall apply from August 1, 2008. In principle, the rules shall not apply to the Applicants who made application for the services prior to the aforementioned start date of application.