Terms and Conditions

It is mandatory to agree with the Terms and Conditions in order to get Visual Concierge services. Please read below and agree with it.

Terms and Conditions of [Visual Concierge] services
[Ver. 1.3 Effective as of May 5, 2012]

This service use contract applies to all relations with the use of the Visual Concierge (written as the service concerned or this service as follows) running on the server operated by NEURONET Co., Ltd. (written as the former as follows) by the service user (written as the second as follows). In addition, the second applies for service by the former predefined application method, and the vigor of this contract shall coming into force when the former consented to it.

Article 1: Modification/addition to This Agreement
“The former changes it, and the rules to add constitute it as some contract, and the second consents to this. The former changes this contract without getting approval of the second and may add it, and the second consents to this. This change shall show it to the second through the HTML homepage that is our the server, our contract. In other words, the second shall confirm our contract during the former service use regularly.”

Article 2: Completion of contract, unit
The former receives the former predetermined contract application which listed a matter necessary to start the service from the second concerned and establishes it with the establishment of the contract when the former approved it. The periods at the time of the first application is defined as an automatic update contract unit and make the change with a new contract unit with a contract at the next time after the contract expiration. One year is the shortest term of a contract. In the case of sooner determination, the second decides to settle the outstanding payment of the remaining time to contract expiration in term of a contract by the second. The second contacts the former by the E-mail appointed form for online form that the former establishes it, a letter by a day in the service renewal day when the former informs the second of the update, the end of the contract by an E-mail concerned or a case without the communication, a use time limit, and the former does it at a point of time when the former receipt, confirmed and approved it.

Article 3: Succession, transfer, resale of the right
Unable to succession, a transfer, resale or sell by the piece of the service that the second is provided from the former other than a reason to give below without permission.

Permitted it by the service offer content that the former defined separately. The former approved it after the second reported to the former.

In the case that the second is a corporate entity and the position as the second has been succeeded by another business entity due to a business merger, such new entity has informed the former accordingly in a timely manner, and the former has approved such succession.

When the second is an individual user and in the event of one’s death, one successor can succeed the position of the user only when so requested, and such successor has informed the former accordingly in a timely manner, and the former has approved such succession.

Article 4: Rejection of Application
The former reserves the right not to provide the Services under the following circumstances:

  • When the second might neglect the payment of the debt in the contract
  • The second may have possibly provided false information on the application form for the services
  • The second may possibly post content which the former prohibits herein, and therefore the former determines that you are not an appropriate user of its Services
  • Any other case in which the former determines that the second may possibly intercept the former’s Services’ implementation or other users’ service use

Article 5: Commencement & Notification of Service

The Services shall commence upon the former sending a notification to the second email address specified in the application form from the second for the Services to inform of the completion of set-up. The starting date of the Services shall be what is indicated in a notification.

Article 6: Changes, etc. to Application Form

The second should notify the former of any change to the application form for the former Services such as name, the name of the second business entity, residential/company address, email address, etc., using the former designated online form or otherwise the alternative email form, or via post mail in a timely manner. The former contacts, in principle, e-mail address of the second, Due to the second neglects a report, the communication from the former is cut off, and the former shall not carry the responsibility even if any loss to affect it occurs.

Article 7: Restriction of Use of Equipment

The former may limit the use of the service, to handle communication with precedence when it is necessary for relief, communication, security of the power supply, for the benefit of the public including maintenance of the order based on the outbreak of the states of emergency such as natural disaster incidents are expected by the judgment of own.

Article 8: Discontinuation of Use; Cancellation of Application

When the second hopes for the cancellation of the contract, within one month before a hope cancellation month, the second shall inform the former of so by an email.

The former can stop and cancel the use qualification of the contractor without the former notifies beforehand and recommending in any of the reason that the second advocates next. The second shall pay a rate to the former for outstanding payment collectively at the same time during a residual period.

When an illegal act is carried out for the Japanese law, or foreign countries law.

When there is the use against the public order and morals that the former judged.

When the use of the Services by the second, or any other individual or a business entity who indirectly uses them through the second, causes trouble to other users or the former’s facility operation.

When the second violates any of the terms and conditions of this Agreement.

In addition, when the former judges the second to be inappropriate as a contractor.

In any of the reason that the second advocates next, the former can prohibit and suspend the use of the server of the contractor concerned, the move to the other designation company, the server move (change of the name server to be accompanied by) to other companies. The second shall pay a rate to the former for outstanding payment collectively at the same time during a residual period.

When an illegal act is carried out for the Japanese law, or foreign countries law.

When there is the use against the public order and morals that the former judged.

When the use of the Services by the second, or any other individual or a business entity who indirectly uses them through the second, causes trouble to other users or the former’s facility operation.

When the second violates any of the terms and conditions of this Agreement.

In addition, when the second performs the change application of domain registration contents without notice to the former during the contract.

Article 9: Termination of Services

The former reserves the right to abolish the Services due to operational reasons. When the former abolishes offering service, the former notifies the second within six months before a day to abolish it accordingly for the second. Define the contract cancellation date of the service as of the service abolition concerned. The former shall refund to the second a monthly pro rata portion of the service fee paid by the second for the period starting the month following the termination of the Services and ending the month of expiration. Define that the second cannot demand any repayment from the former other than it.

Article 10: Deletion of User’s Data; Discontinuation of Provision of Service

The former reserves the right to delete part or all of the contents created/used by the second, or discontinue to provide the second with the Services when the second use or operate the SaasBoard Services in ways as described below or there is a risk the second may take any of the following actions, without prior notification considering the urgency of a matter. At the same time, the second shall pay a rate to the former for outstanding payment collectively for a remaining contract period.

In case violate public order and morals.

In case, disclose authentication information to the multiple people and use one user account by multiple.

In case feature sexually explicit graphical and/or text content.

When the use of the Services by the second, or any other individual or a business entity who indirectly uses them through the second, causes trouble to other users or the former’s facility operation.

When an illegal act is carried out for the Japanese law, or foreign countries law.

When the second might give a disadvantage or violate to the property, privacy, a copyright of the third party.

When it conflicts with the Public Officers Election Act.

When the second disturbs our administration.

When the second violates any of the terms and conditions of this Agreement.

Any other case in which the second conflicts with Article 15, or the former deem that the second’s content is inappropriate for posting.

Article 11: Annulment of a contract

If any one of the following events occurs, the former may immediately terminate this agreement upon notification of such situation by sending email to the second’s mail address. In this case, the former shall not in any way refund or compensate for the service fee paid by the second.

When the second violates any of the terms and conditions of this Agreement.

In addition, when the former judges the second to be inappropriate as a service user.

Article 12: Disclaimer

The former performs in the best facilities operative management for the second, regardless the reason due to its nature of communication service to offer, about a drop of the speed, data destruction that cannot be restored, others, every loss, a debt, demand, the damage and an expense (including a fair legal fee) which the second incurred, the second discharges the former, and the former does not take responsibility of any compensation, except the following cases about the damage that the second incurred.

1, When, in a case where the former should provide this service, this service did not deliver by the reason that should come with the responsibility of the former for the second, reckoned from the time when the former knew that the second was in a state that this service was not available at all (is called “the obstacle outbreak time” as follows.) in succession more than 24 hours only when this service is not available at all then the former bears a loss based on a report of the second.

In the case of the foregoing paragraph, the former bears a loss as a limit on the monthly basis rate of contract with the second at the time of the obstacle outbreak.

3, An amount of money of the compensation for damages is, the rate of the service stop time in Clause 1 of the second divided by the service offer possibility total time in the month concerned then multiplied a service monthly basis rate of the second.

Article 13: Right to Use Identification

The right to use an ID and pages registered by the former on behalf of the second based on the second’s application shall belong to the second. One ID can have a maximum disk capacity of 100MB. Provided, however, that, this shall not apply in the case where the second does a disk space increase option agreement.

Article 14: Handling of Emails

Both the former and the second shall agree to treat all emails as confidential information, and the former shall not review or disclose a user’s email to any third party without following the required laws and legal procedures. From the former including the sending of a bill to the second by an E-mail is used as a means of communication, and the second approves this.

Article 15: forbid Use of the service concerned by the second, Graphic Images, Texts, Articles, Etc. Prohibited To Upload/Display

The second must not do the following applicable usage, setting, operate the publication of the file (including images), based on Article 8, 10 of the contract article.

Obscene photographs, pages, texts, etc., which violate the Japanese laws.

Disclose the second’s login information to the unspecified public.

The setting of all programs except the former provided and attempt to set another program.

Rent the Services to the unspecified public or a number of people, or conduct any service relating to such activity.

The setting of the video with the constant pull/push type connection.

Randomly send emails to the unspecified public for the purpose of solicitation or invitation.

Operate any matchmaking site as well as any two way accessible bulletin board service for cell phones.

Update articles or perform reload repeatedly using a web browser by the second in a way the former judges as violating its server operations.

Vandalism of data, Act to disturb other use.

Usage, videos, graphic images, texts, etc. in ways that the former judges inappropriate based on Article 8, 10.

The contents about this article are for the equal and healthy environment for all contractors using a server, which offers the service concerned, providing the prohibition of the illegal act and ensuring the security, not intended to restrict freedom of the use.

Article 16: Connection, Scope of Access, Disclosure of Information, Confidentiality

The second should not connect to or access to any of the other users’ undisclosed areas/data stored on the former’s servers which the second is allowed to use. In the case that the second coming to know any of other users’ information, the second should not disclose to any third party and/or use such information. The former shall not disclose to external parties and/or use any of each the second’s personal information that the former know by the contractual agreement. However, as a telecommunications carrier, it is not limited in case legally ordered by judicial authorities to disclose such information.

Article 17: Guarantee of Data

Although the former makes an effort about the maintenance such as a page, the data which the second created, the former does not guarantee anything. 

Article 18: Responsibility of the second

1. The second shall use this service in a self-responsibility of second oneself and takes all responsibility for all acts and results accomplished using this service.

2. The responsibility about a posted or attached information by the second using this service is in second oneself. The former does not take any responsibility at all about the posted or attached information by the second using this service.

3. When the second damages honor of another person, when the second violate a right to privacy, when the second disclose the personal information of the third party without consent when the second perform an act to violate the Copyright Act (the May 6, 1970 law 48th) and when the second violate a right of another person, the second concerned must solve it in responsibility and the expense by own, and the former does not take responsibility for all.

4. The second recognizes that the former does not have preservation duty about a posted or attached information by the second using this service, and the second shall take a backup about a necessary posted or attached information appropriately.

Article 19: Charge and Payment

This service is a payment in advance system. In case the second chooses designated bank account transfer by a means of payment, the former invoices and requests payment at the following points in time, and the second consents to this.

1. Invoicing from the former to the second is done by the end of the month before last of the service provide month.

2. The second shall transfer charged amount to the bank account which is appointed by the former without delay by last month 25th, it is the transfer date which is the former designated and is namely the month providing service.

3. If the second does not pay by last month 25th, it is the transfer date which is the former designated and is namely the month, providing service, consents to the erasion of a contract account and data, and the second shall pay a rate for the remaining period in the shortest term of a contract of Article 2 collectively.

Article 20: Agreement of the contract

The contract is deemed to be agreed when it reached the former by either of the following method.

The sealed paper copies of this contract are exchanged.

The former receives the electronic application form from the second which contains this contract.

Point in time when this contract is approved by the second on the internet.

Point in time when this contract is approved by the second on the internet.

Point in time when the service application act of the contract approval premise by the second was carried out on the Internet

Article 21: Exclusive agreed competent court

In the event that any lawsuit is filed by either party, the exclusive agreed competent court for such lawsuit between the parties shall be the Tokyo District Court, and the former shall appoint its consulting law firm as its legal representation.