服務條款

DEC Support (Connect+) Terms of Service

This "DEC Support (Connect+) Service Terms of Service" (hereinafter referred to as the "Terms of Service") defines the conditions between the Company and the Party etc., when the Party etc. uses the services as specified in the Annex provided by Transcosmos Co., Ltd. (hereinafter referred to as "the Company") and the Company.

Chapter 1 General

Article 1 Applicable Terms of Service

The Company shall provide the service based on the Terms of Service, and the Terms of Service shall apply to all Parties who use the Service.

Article 2 Definitions

The following terms in the Terms of Service shall be defined as follows:

Term

Definition

The Service

The service that is provided by the Company as specified in Annex, as an application service provider to the Party etc. based on the Terms of Service

Party

The person who enters into the usage agreement with the Company based on the Terms of Service and receives the provision of the Service

External Service Operator

The third party who provides the services used to implement This Service (including, but not limited to, carriers, adverts, social networking service providers, cloud service providers, and server service providers)

Usage Agreement

The contract for the provision of the Service between the Company and the Party based on the Terms of Service

Usage Agreement etc.

Usage agreement and Terms of Service

Party’s Facilities

Computer, telecommunications equipment and other equipment and software installed by the Party to receive provision of the Service

Company’s Facilities

Computer, telecommunications equipment and other equipment and software provided by the Company to implement the Service

Service’s Facilities

Telecommunication lines that the Company leases from telecommunications carriers to provide equipment and services for the Service

Authorized User

The person who has agreed to the use of the Service based on Terms of Service, and has confirmed that the Company is an associated company (a company that has an ongoing relationship with the Party in capital, personnel, funds, technology, etc.) and a partner of the Party

Party etc.

The Party and Authorized User

Article 3 Notice

  1. The notice from the Company to the Party is based on the method that the Company judges to be appropriate, such as posting the content of the notice in e-mail, a document, the login screen of the Service or the Company’s website, unless otherwise specified in the usage agreement.
  2. Based on the provisions of the preceding paragraph, in the case where notice is sent from the Company to the Party through e-mail, login screen of the Service or posting on the Company's website, it will take effect from the time it was submitted, posted on the login screen or the website of the Service. In addition, in the case of giving notice in writing, it shall take effect as soon as the letter has been sent to the Party.

Article 4 Changes to Terms of Service

The Company may change Terms of Service from time to time. If the Company changes the Terms of Service, the Company shall notify the Party of the contents of the change. After notification of the contents of the change, in the case that the Party continues to use the Service and did not complete the cancellation procedures within the period as defined by the Company, the Party is assumed to have agreed to the updated Terms of Service.

Article 5 Transfer of Credit etc.

The Party shall not transfer to a third party or let a third party inherit the rights or obligations that he or she has with the Company and the Party’s status and shall not provide for collateral.

Article 6 Exclusion of Anti Social Forces

  1. The Party etc. guarantees and expresses that they are not Anti Social Forces (referred to individuals, corporations and other groups perceived as having a socially condemned relationship with gangs, as defined by “the law on the prevention of unfair acts by gangsters”, gang-related organizations and general assembly houses or hoodlums belonging to an official political organization, which threatens social order, citizen safety etc.),not part of Anti Social Forces, not engaging in Anti Social Force activities, not using the name of Anti Social Forces to damage the other parties’ honor or credibility and not interfering with business, not making unreasonable demands, not being their own major investor, and that their officers and employees are not part of Anti Social Forces.
  2. In the case that the Party violates the obligation specified in this Article, the Company shall be able to immediately cancel all or part of the Usage Agreement without requiring notice or any other procedure. The cancellation defined in this section shall not prevent the claims for the damages by the Party etc.

Article 7 Discussion Matters

With regard to matters that are not stipulated in the Usage Agreement etc., and matters that raise doubts, the Party and the Company shall resolve them in good faith.

Article 8 Governing Law and Court of Jurisdiction etc.

  1. The Usage Agreement shall be in accordance with the Japanese law. The Tokyo District Court shall be the agreed exclusive jurisdiction court of the first trial if there is a need for a lawsuit between the Party etc. and the Company regarding the Service.
  2. Other than the Usage Agreement etc., the order form or other written form (hereinafter referred to as "Order Form etc."), printed form, document letter, or mention of information is added as an article or as a change to the articles of Terms of Service shall not be effective.

Article 9 Surviving Clause

Even if the Usage Agreement terminates due to expiration, cancellation or other reasons, provisions of Articles 6 to 8, Article 15 Section 2, Article 17, Article 20, Articles 37 to 40, and the Provisions of this Article shall still survive and be in effect.

Chapter 2 Execution of Agreement and Provision of Services etc.

Article 10 Execution etc. of Agreement

  1. The execution and modification of the Usage Agreement shall be established when the Party submits the Company’s designated order form etc. to the Company, and when the Company sends a notice of consent in accordance with the Company's designated method.
  2. Regardless of the provisions of the preceding paragraphs and other provisions of Usage Agreement, the Company, in the case that any of the following items is applicable to the applicant or the Party, execution or changes to the Usage Agreement shall not be accepted.
    1. When the Usage Agreement is canceled due to financial debts related to the Service or other breach of the Usage Agreement
    2. When there is a false statement in the agreement etc., and when there is a mistake or omission, and they do not respond to the correction etc. within a certain period after the Company requested for correction.
    3. When there is a risk of failing to fulfill the obligations due to financial debt, or other Usage Agreements etc.
    4. And others, which the Company deems inappropriate

Article 11 Usage by Authorized Users

The Party shall be able to make the Authorized Users use the Service if the Company consents in advance in writing. In this case, the Party agrees that the use by the Authorized User is regarded as his or her own use and bears all responsibility for the use.

Article 12 Notice on Changes

  1. If the Party changes their company name or name, head office location or address, the contact information, or any other matters related to the Party described in the contract, the Party shall notify the Company prior to the change in accordance with the Company's designated method.
  2. The Company shall not be liable even if the Party suffers damage due to failure of receiving the notice or other reasons and due to the failure of the Party to provide notice in accordance with the preceding paragraph.

Article 13 Temporary Suspension and Suspension of Provision

  1. The Company may suspend the provision of the Service without requiring prior notice or consent to the Party etc., if any of the following items apply:
    1. In the case of maintenance due to failure of facilities for the Service etc.
    2. In the case where it is unavoidable for operational or technical reasons
    3. In the case where it is difficult for the Company to provide the Service as the external service provider ceases to provide their services
    4. In the case of a third party illegally accesses the Service via a telecommunication line and illegally uses the Service
    5. When the Service is unable to be provided due to natural disasters, disturbances, riots, blackouts, power supply tightness, radioactive contamination or another force majeure
  2. In order to conduct regular inspections of facilities for the Service etc., the Company may temporarily suspend the provision of this service with prior notice to the Party.
  3. If the Party falls under any of the items in Paragraph 1 of Article 15 (Cancellation of the Usage Contract from the Company), or if the Party violates through an unpaid usage fee or other Usage Agreements, the Company shall be able to stop the provision of all or part of the Service without requiring prior notice or notification to the Party etc.
    stop the provision of all or part of this service without requiring prior notice or notification to etc.
  4. The Company shall not be liable even if the Party etc. or any other third party suffers damages from the Company’s failure to provide the Service due to any of the cases set forth in the preceding paragraphs.

Article 14 Period of Use

  1. The period of use of the Service (hereinafter referred to as the “Period of Use”) shall be determined in the order form etc.
  2. If the Party cancels all or part of the service during the Period Use, the Party may stop using the Service due to the Party’s circumstances, or the Party may be liable to blame for the Service. If all or part of the Agreement is canceled, the Party will pay the monthly fee (the number of months less than one month is calculated as one month) minus the period of use of the service from the usage period.
    In the case of cancellation of part of the service, the monthly fee for the service to be canceled will be paid to the Company immediately upon cancellation, or if there is an unpaid use fee at the time of cancellation, the Payment shall be made at the same time with the arrears interest as prescribed in Article 24 Paragraph 2 (Payment method, etc.).

Article 15 Cancellation of Usage Agreement by the Company

  1. If the Company determines that the Party falls under any of the following items, the Company shall cancel all or part of the Usage Agreement without requiring prior notice or notification to the Party.
    1. In the case of a false statement in the Agreement or other notice contents, etc., or if there was an omission etc. and there was no response to the correction etc. within a certain period after the Company requested for correction.
    2. In the case of payment being suspended or became impossible
    3. In the case of bills not passing through or checks bounced
    4. In the case of a declaration for seizure, temporary foreclosure or auction, or if the Party has non-payment of taxes and public dues
    5. In the case of a declaration for bankruptcy, start of corporate reorganization proceedings or civil rehabilitation proceedings, or when there was significant concern about the credit situation
    6. In the case of receiving a cancellation, suspension, etc. from the supervisory authority
    7. In the case of violating the Usage Agreement etc. and does not correct it within a reasonable period of time after the Company notified regarding the correction
    8. In the case of resolutions such as dissolution, reduction of capital, transfer of all or significant part of the business, etc.
    9. In the case of fulfilment of Usage Agreement etc. becomes difficult due to reasons which arose
    10. Other cases where the Company determines that it is not appropriate as the Party
  2. If the Party has an unpaid usage fee and delayed damages at the time of termination of the Usage Agreement, payment has to be made immediately in accordance with the preceding paragraph.

Article 16 Abolition of Service

  1. If the Company falls under any of the following items, the Company shall abolish all or part of the Service and may cancel all or part of the Usage Agreement on the date of Abolition. In the case of discontinuing the Service, the Party shall be notified in advance by the method designated by the Company. However, this does not apply if there is an emergency or other unavoidable circumstance.
    1. When unavoidable circumstances arise in providing the Service
    2. When the service is not able to be provided due to natural disasters, disturbances, riots, blackouts, power supply tightness, radioactive contamination or another force majeure
  2. The Company shall not be liable even if the Party etc. or any other third party, suffers damage when all or part of the Service is abolished based on the preceding paragraph.
  3. When the Company abolishes all or part of the Service based on Paragraph 1 of this Article, the Company shall, among the usage fees already paid, calculate the monthly usage charge for the non-providing period of the Service to be abolished. It shall be returned to the Party at (in monthly units, less than one month will be cut off). However, interest etc. shall not be attached to the amount to be returned.

Article 17 Process after Termination of Agreement

When the Usage Agreement is terminated, the equipment, software and all related materials (including all or part of the software and related materials, etc. related to the equipment and software provided by the Company for the use of the Service, will be included when the usage contract is terminated The same shall apply hereinafter in this Article). The Party shall immediately return to the Company upon termination of the Agreement, and the software and documents etc. stored in the Party's Facilities etc. shall be deleted under the responsibility of the Party. In addition, if the Company requests it, the Party etc. shall submit to the Company a certificate for deletion.

Chapter 3 Service

Article 18 Service Type and Content

  1. The service area, type and content of the Service provided by the Company shall be as specified in the order form.
  2. The Party etc. shall use the Service upon accepting the following matters.
    1. Including the cases listed in each item of Article 37 (Disclaimer), Paragraph 1, there may be cases where the issues occurred in the Service are not caused by the Company.
    2. The Company shall not be liable for any defect in the Service not caused by the Company.
  3. The contents of th Service shall be determined by the Usage Agreement etc. The following items shall not be provided to the Party etc. unless explicitly added in the Usage Agreement.
    1. Inquiries about software and hardware not included in the Service
    2. Supply of consumables, such as magnetic tape media, floppy disk media, ink ribbons and paper
    3. Inquiries about the contents of data concerning the Service or changes etc.
  4. The Party etc. shall be able to use the Service based on the Usage Agreement etc. and shall consent not to acquire the intellectual property rights and other rights related to the Service.
  5. The provision area of the Service is limited to Japan, unless otherwise specified by the Usage Agreement.

Article 19 Handling Method and Restrictions

The Company may establish the general handling instructions and restrictions regarding the use of the Service (including the maximum number of days the information provided or transmitted by the Party held by the server and the maximum disk space allocated for the Party etc. on the server).

Article 20 Intellectual Property Rights etc.

  1. The Party etc., except for the rights expressly granted in the Terms of Service, the Service and audio / visual information, documents, products, software, etc. included in the Service (hereinafter collectively referred to as “the Content”), shall not acquire any rights. Copyrights, patents, trademarks, know-how and other intellectual property rights regarding the Service and the Content are the exclusive property of the Company.
  2. The Company may, at its discretion, re-consign all or part of the work required to a third party for provision of the Service to the Party. In this case, the Company places the same obligation as the Company's specified obligation in the Usage Agreement etc. on the execution of the business pertaining to the relevant re-consignment to the relevant re-consignee (hereinafter referred to as “Re-consignee”).
  3. The Company shall grant the non-exclusive, non-transferable right of use to the Party etc. to use and display the Content only for the business purpose of the Party etc. All rights not expressly granted by the Terms of Service shall be reserved to the Company.
  4. In the Service, texts, images, videos and other data submitted and transmitted / received by the Party can be used freely (replication, etc.) without identifying individuals, companies, products etc. in the Company. It may be copied, altered, relicensed to a third party, or any other use. The use shall survive even if the Party stops using the Service.

Article 21 Reconsignment

The Company may, at its discretion, re-consign all or part of the work required to a third party for provision of the Service to the Party. In this case, the Company places the same obligation as the Company's specified obligation in the Usage Agreement etc. on the execution of the business pertaining to the relevant re-consignment to the relevant re-consignee (hereinafter referred to as “Re-consignee”).

Chapter 4 Usage Fees

Article 22 Usage Fee for the Service and Calculation Method etc.

Charges for using this service are as stipulated in the order form etc. In addition, if there is a justifiable reason for the increase in usage fee to the Party when the Period of Use expires, the Company may propose to the Party to change the fee in the usage contract after renewal.

Article 23 Payment for Usage Fees

  1. The Party is charged the usage fee as specified in the Usage Agreement, the consumption tax for this and the local consumption tax and other taxes that the Party should pay for the Period of Use (hereinafter referred to as "Consumption Tax etc."). Payment shall be made based on the Usage Agreement, etc. In addition, if the Party does not complete the payment as specified in this Article, the Company may suspend the provision of the Service in accordance with the provisions of Article 13 (Temporary Suspension and Suspension of Provision) Paragraph 3.
  2. In the Period of Use, even if the Service is not able to be used due to the interruption of the Service, suspension of provision, or other reasons as defined in Article 13 (Temporary Suspension and Suspension of Provision), The party shall pay the usage fee and the Consumption Tax etc. incurred during the Period of Use.

Article 24 Payment Method etc.

  1. The Party shall pay the usage fee for the Service and the consumption tax on the Service to the account of a financial institution designated by the Company, in accordance with the payment conditions described in the order form etc. If the due date is a holiday, the next business day of the financial institution will be the due date.
  2. If the Party fails to fulfill the payment obligation based on the usage fee for the Service or other Usage Agreement, etc. after the predetermined payment date, the Party shall specify the number of days from the day following the predetermined payment date to the payment date. The amount calculated at an interest rate of 14.6% a year shall be paid as arrears interest together with the fees and other debts of the Service by the method designated by the company by the date as designated by the company.
  3. The transfer fee and other expenses necessary for the payment in the preceding paragraphs shall be borne by the Party.

Chapter 5 Duties of the Party

Article 25 Principles of Self-responsibility

  1. If the Party etc. damages a third party (both domestically and internationally, the same shall apply hereinafter) due to the reason that the Party etc., is attributable to its own responsibility, in connection with the use of the Service, or when a claim is made by a third party, it will be processed and resolved with its own responsibility and cost. The same shall apply even if the Party etc. suffers damage from a third party due to the use of the Service or makes a claim to the third party. In addition, with regard to any conflict between Party and Authorized User, the Party shall handle and solve with its own responsibility and expense.
  2. The content provided or transmitted by the Party etc. using the Service is provided or transmitted by the Party etc., and the Company does not guarantee any of the Contents etc. and shall not be liable for any damages arising from them.
  3. The Party etc. will compensate the Company for the damages if the Party etc. damages the Company due to its intention or negligence.

Article 26 User Responsibility

  1. The Party shall designate the person responsible for the use of the Service in advance and shall state it in the Agreement, and in principle, contact and confirmation with the Company regarding the use of the Service shall be conducted through the person responsible for use. The person in charge of use shall play a role as the person in charge of the use of the Service by Authorized Users.
  2. The Party shall promptly notify the Company if there is a change in the person in charge of use as stated in the Agreement, in the manner designated by the Company.

Article 27. Setup and Maintenance of Facilities for Using the Service

  1. Use of the Service assumes that usage is in the recommended environments as specified by the Company. The Party etc. shall set up the Party's Facilities under the conditions as determined by the Company at its own expense and responsibility and maintain the Party's Facilities and the environment for using the Service.
  2. The Party etc. shall connect the Party's facilities to the Internet by using the telecommunications service of the telecommunications carrier etc. with its own responsibility and cost when using the Service.
  3. If there is a problem with the Party's facilities, the Internet connection as specified in the preceding paragraph, and the environment for using the Service, the Company shall not be obligated to provide the Service to the Party etc.
  4. If the Company determines that maintenance, operation or technology is required for the Service, the Company shall perform necessary actions, such as monitoring, analysis, and investigation, of data etc. provided and transmitted by the Party etc. in the Service.

Article 28 Backup

The Party etc. shall save the same data etc. as a backup for its own responsibility for the data etc. provided by the Party etc. in the Service. The Company shall store, save, backup etc. such data etc. and shall not be liable in any way.

Article 29 Prohibited Matters

  1. The Party etc. shall not perform the following acts in connection with the use of the Service.
    1. Acts that infringe or may infringe intellectual property rights such as copyrights, trademark rights, etc. of the Company or a third party or other rights
    2. Acts of falsifying or deleting the content of this service or information available by the Service
    3. Acts that violate the Usage Agreement, etc.
    4. Acts that violates the law or public order and morals or gives a disadvantage to the Company or a third party
    5. Acts of discrimination or defamation of others, or damage to their honor or credit
    6. Acts that may lead to or may lead to crimes such as fraud
    7. Acts of opening an infinite chain of classes or soliciting
    8. Acts of using the Service as a third party
    9. Acts of transmitting or posting harmful computer programs such as virus
    10. Acts that interferes with the use or operation of a third party's equipment, etc. or Service Facilities, etc., or an act that may be given
    11. Acts of taking a link in an aspect / purpose that promotes the act while knowing that the act falls under any of the preceding items
    12. Other acts that the Company has determined not to be appropriate as Party, etc.
  2. The Party etc. shall immediately notify the Company if it knows that an action corresponding to any of the items in the preceding paragraph has been made, or if it has determined that there is a risk that the corresponding action will be performed.
  3. With regard to the use of the Service, the Company indicates that the act of the Party etc. falls under any of the items of Paragraph 1 of this Article, or that the information provided by the Party etc. is any of the acts of Paragraph 1. If you know that it is information related to the provision of all or part of this service will be suspended without notifying the Party etc. in advance, or it will be related to the action that falls under each item of Paragraph 1, information shall be deleted. However, the Company is obliged to monitor the information (including data and content) provided or transmitted by the act of the Party etc. or transmitted by the Party etc. (including when it is regarded as the use of the Party). It shall not be a burden.

Article 30 Prohibition of Third-Party Use

The Party etc. shall not be allowed to provide the Service to third parties other than Authorized Users, regardless of whether it is paid or not, for profit or not, without obtaining prior written approval from the company.

Article 31. Matters to be Abided by Authorized Users

  1. If the Company accepts the use of the Service by an Authorized User, the Party enters into an agreement with the Authorized User, including the matters specified in the following items, and ensures that the Authorized User complies with provisions in Article 11 (Use by Authorized User).
    1. The Authorized User must agree to the Usage Agreement etc. and comply with the matters to be followed by the Party in the same way.
    2. If the Usage Agreement between the Party and the Company terminates for any reason, the Service for Authorized User is automatically terminated, and the Authorized User shall not use the Service.
    3. An Authorized User shall not allow the third party to use the Service.
    4. If the Company deems it necessary for the provision of the Service, the Party shall be able to disclose to the Company, to the extent necessary, information on Authorized User, and the Company shall, on the other hand, to the extent necessary for re-consignment, disclose information on Authorized User without obtaining prior written consent from the Authorized User.
    5. The Company shall not be liable to the Authorized User in connection with the Service, and the Authorized User shall be liable to the Company, regardless of the cause of the claim, including any claims for damages in relation to the Service, and shall not pursue any responsibility from the Company.
  2. The Party shall promptly notify the Authorized User of any notices or other matters regarding the Service received from the Company, and the Company shall not be obligated to notify the Authorized User of any notification.

Article 32 Measures for Violation of Usage Agreement by Authorized User

  1. In the case where the Company approves the use of the Service by the Authorized User based on the provisions of Article 11 (Use by Authorized Users) and the Authorized User violates the prescribed provisions of each item of the preceding Article Paragraph 1, the Party shall correct the violation promptly.
  2. If the Authorized User violates any of the prescribed terms in each item of the preceding Article Paragraph 1 and does not correct the violation, the Company shall be able to take the measures specified in the following items.
    1. Stop provision of the Service to the Authorized User
    2. Cancel all or part of the Usage Agreement between the Company and the Party, including the part of the Authorized User regarding the use of the Service
  3. If an Authorized User violates any of the provisions of the preceding Article Paragraph 1 and each item, and the Company suffers damages, the Company shall be able to claim for the damages from the Party.

Chapter 6 Obligations etc. of the Company

Article 33 Restrictions to the Service’s Facilities

  1. When it is known that there is a failure in the Service Facilities, the Company shall notify the Party without delay.
  2. If the Company finds a failure in the Service Facilities, the Company shall repair or restore the Service Facilities without delay.
  3. If the Company finds a failure in the telecommunication line that the Company has borrowed among the facilities for the Service, etc., request for repair or restoration to the telecommunication company that provides the telecommunication line shall be made.
  4. In addition to the provisions in the preceding paragraphs, if there is a problem with the Service, the Party and the Company shall notify the other party without delay and shall take action after deciding on the responsive measures to be taken by both parties after consultation of both parties. In addition, the Authorized User shall notify the Party and the Company without delay when he / she finds any defect concerning the Service.

Article 34 Restrictions

The Company shall permit the Party etc. to store, operate, analyze, reformat, print and display the Content only for the internal use of the Party etc. However, the Party shall not perform the following acts.

  1. Resell the Service and use it beyond the scope explicitly permitted in the Usage Agreement
  2. Copy the Content or license, sell, transfer, make available, distribute and transfer to third parties
  3. Put an external link to the Service online
  4. To frame and mirror content accessible from the Service on other servers or other Internet-based devices

Article 35 Non-warranty

  1. Applicability, convenience, validity, reliability, timeliness, quality, suitability for a specific purpose, credibility, being always usable, accuracy, and accuracy regarding the Service and the Content. With regard to completeness, etc., it shall be judged at the Party's responsibility, etc., and the Company will not guarantee these at all, nor shall the Company guarantee the following items.
    1. Safety, timeliness and uninterrupted use of the Service
    2. Compatibility with other hardware and software systems and data
    3. Service which meets the Party's requirements or requests
    4. Accuracy and reliability of stored data
    5. Quality of the products, services, information and other contents purchased or acquired through the Service meets the requirements or desires of the Party
    6. Error or defect being corrected
    7. No virus or other harmful element in the Service and the server that makes the Service available
  2. The Service and the Content are provided under the terms described in the Usage Agreement. The Company shall not make any representations or warranties regarding the Services and the Content (merchantability, fitness for a specific purpose and non-infringement of third-party rights, whether express or implied, to the maximum extent permitted by applicable law), implied warranties shall not be made.

Article 36 Proposal

The Company shall have all rights, privileges and interests (related to the proposals, ideas, feedback, recommendations or other information (collectively referred to as "Submissions" below) about the Service provided by the Party etc. All intellectual property rights shall be included.) The Party shall transfer the Submissions free of charge to the Company. The Company may use Submissions at their discretion.

Article 37 Disclaimer

  1. The liability for damages incurred by the Company in connection with the Service or the Usage Agreement shall be limited to the scope of Article 40 (Limited Liability of Damages) regardless of the reason, and the Company shall be liable to the Party etc. The Company shall not be liable for any damages, regardless of default liability, tort liability or any other legal cause.
    1. Natural disasters, disturbances, riots, blackouts and tight power supply, radioactive contamination and another force majeure
    2. Failure of the connection environment such as the Party, such as failure of Party’s Facilities or failure of Internet connection service to the Service’s Facilities
    3. Damage due to performance of Internet connection service such as response time from equipment for the Service
    4. Virus protection software that our company introduced from the third party about the virus pattern, the virus definition file etc. from the said third party and the intrusion of the computer virus of the kind to the Service Facilities
    5. Unauthorized access or attack by a third party on equipment for this service, etc. that is not able to be protected even with the attention of a good administrator, interception on a communication path
    6. Damage caused by the Party for not complying with procedures, security measures, etc. defined by the Company
    7. Damage caused by software (OS, middleware, DBMS) and database not related to our production among facilities for the Service
    8. Damage caused by hardware that is not related to our production among facilities for the Service
    9. Damage caused by a defect in the Service provided by the external service provider
    10. Article 218 of the Criminal Procedure Code (foreclosure, search and verification by warrant), compulsory disposition under the provisions of the law on wire interception for criminal investigation, and other court orders or compulsory disposition under the law
    11. When it relates to the business of the re-consignee, and there is no reason for the Company to avoid negligence or other reasons for the selection and supervision of the re-consignee
    12. Other reasons not to return to the Company's responsibility
  2. The Company shall not be liable for any disputes or the like arising between the Party etc. and a third party by using the Service, etc., and disputes or the like that occur between the Party and Authorized User.
  3. If the Company suffers a loss due to a dispute, etc. as defined in the preceding paragraph, the Party etc. shall compensate for the damage.
  4. The Company does not take any responsibility for the storage of data etc. stored in the Company’s data center for any reason.
  5. If the data stored in the Company’s data center is damaged, lost or partially lost for any reason, the Company shall be exempted from providing the Service.

Chapter 7 Confidential Information and Personal Information

Article 38 Handling of Confidential Information

  1. The Party etc. and the Company, among the technical, business, and other business information provided by the other party in connection with the execution of the Service, the information disclosed by designating that the other party is classified as confidential. Alternatively, information that has been disclosed verbally and indicated as confidential may be classified as confidential information within 14 days of disclosure and the content owner is specified in writing. However, the information corresponding to any one of the following items shall not be classified as confidential information.
    1. Information already held without obligation to maintain confidentiality
    2. Information obtained legitimately from third parties without obligation to maintain confidentiality
    3. Independently developed information regardless of the information provided by the other party
    4. Information that has become publicly known before and after receipt without violating the Usage Agreement etc.
  2. Party etc. and the Company shall properly manage confidential information and shall not leak to third parties. However, it may be disclosed to a third party by obtaining the written consent of the other party in advance. In addition, if disclosure is required based on the provisions of laws and regulations or from authorized public offices, they may be disclosed to disclosure destinations based on the provisions of the laws and regulations. In this case, the Party and the Company shall notify the other party of the disclosure prior to the disclosure unless they violate the relevant laws and regulations, and in the case where notification is unable to be given prior to the disclosure, which hall be done promptly after the disclosure.
  3. The Party etc. and the Company may use, copy, or alter confidential information only within the scope of the purpose of this Agreement. In this case, the Party etc. and the Company shall treat the copied confidential information as confidential information as defined in this Article. In addition, when reproduction, modification, etc. beyond the scope of the purpose of this contract are required, the written consent from the other party shall be obtained in advance.
  4. The Company shall be able to disclose confidential information to the subcontractor without obtaining prior written consent from the Party etc. to the extent necessary for reconsignment.
  5. The party receiving the provision of confidential information returns the documents (including duplicates and modified confidential information described in paragraph 3 of this Article) to the other party upon request of the other party, and the confidential information is a Party. If it is stored in the equipment or Service Facilities, it shall be erased completely.

Article 39 Handling of Personal Information

The Party etc. and the Company with personal information included in the information on business and other business provided by the other party for the performance of the Service (personal information defined in the "law on the protection of personal information") shall not be disclosed or leaked to a third party (except for re-outsourcers), and shall comply with the Act on the Protection of Personal Information and other related laws.

Chapter 8 Liability for Damages

Article 40 Limited Liability for Damages

  1. The scope of liability for damages incurred by the Company to the Party with respect to the Service or the Usage Agreement, regardless of default liability, tort liability, or any other legal cause, shall be the Company's responsibility. Limited to the actual damage that the Party actually incurred as a result of violation of the Usage Agreement etc., due to any reason, or the amount of damages is the monthly fee for the service of the month in which the damage occurred (shall not exceed 1 month). However, if the Party's claim for damages against the Company is required, the Party etc. will carry out the countermeasure in accordance with Article 33 (problems such as Service’s Facilities) etc. The Company shall not be liable for damages arising from reasons that may not be attributed to the Company, damages arising from special circumstances with or without the Company's foresight, or lost profits.
  2. In the case where the Authorized User suffers damage as a result of violating the Usage Agreement etc. due to the circumstances that should be attributed to the Company or in connection with the Service, or Usage Agreement etc., the Company is liable for the Party specified in the preceding paragraph. The Company is exempted from the responsibility of the Authorized User, and the Party is responsible for dealing with the Authorized User.

Annex

DEC Support (Connect+) Service

Article 1 Service Content

  1. The "DEC Support (Connect+)" service is the chat system for contact center and related services provided by our company through the Company server, and the contents and scope are as follows.
    1. A function to support communication between chat users and contact centers via Facebook chat and Facebook messenger and LINE, and a function to manage communication
    2. Ability to create a chat auto-answer scenario
    3. Above-mentioned ①② optional functions to be added to (natural language analysis function of chat contents)
    4. Support Service
  2. The content of support service and the method of inquiry are as follows.
    1. Answers to inquiries on how to use the "DEC Support (Connect+)" service
    2. Provision of updated version of "DEC Support (Connect+)" service
    3. For the inquiry method, send an e-mail containing the contents of the inquiry to the e-mail address specified by the Company

Article 2 ID and Password

  1. The number of accounts granted by the Company to the Party etc. shall be as stipulated in the Order Form, etc.
  2. The account shall consist of an ID and a password. The Party etc. will not disclose or lend the ID and password to a third party except when disclosing to the authorized user based on the usage contract etc. and will not be used nor leaked to the third party. Strict management (including password change as appropriate) shall be conducted. If the Party etc. suffers damage due to the management error of the ID and password by the Party etc., the mistake in use, the use of the third party etc., the Company shall not be liable. All use and other acts by the Party's ID and password shall be regarded as use by the Party.
  3. If a third party uses the "DEC Support (Connect+)" service using the Party's ID and password, the act shall be deemed to be the act of the Party, and the Party shall bear the payment and all other debt. In addition, if the Company suffers damage due to the act, the Party shall compensate for the damage.

Article 3 Account Information and Data

  1. The Company relates to any data, information or material, etc. (hereinafter referred to as "the Data") received through the service from the Party or Party's account and Party without prior permission of the Party. We do not disclose any information to monitoring, editing or third parties (except for re-outsourcers).
  2. The Company shall be able to access the Data through the Party's account, etc. if necessary, for the provision of the "DEC Support (Connect+)" service or to solve a technical problem.
  3. The Company shall not be liable for the deletion, alteration, destruction, damage, loss or storage failure of the Data by the Party etc.

Article 4 Use of AWS and Other External Services

  1. The “DEC Support (Connect+)” service uses Amazon Web Services and an external service (hereinafter referred to as “External Service”) described in the purchase order.
  2. The Party complies with the terms and conditions set by the external service provider regarding the use of the External Service.
  3. The Company shall not be liable for any direct or indirect damages in the event of interruption of the Service or loss of Data caused by External Services.

Article 5 Operating Environment

Software programs, mobile terminals, communication devices, communication methods, etc. necessary to use the "DEC Support (Connect+)" service will be provided at the Party's expense and responsibility. In the following cases, activation of the "DEC Support (Connect+)" service may be restricted.

  1. If the Party cannot check the Party's usage qualification by the activation function (function intended to confirm the usage qualification of the "DEC Support (Connect+)" service)
  2. When "DEC Support (Connect+)" service is used in a place where Internet connection is not possible
  3. If real-time communication is not able to be performed due to communication conditions
  4. If the Party did not start the "DEC Support (Connect+)" service for more than one year

Article 6 DEC Support (Connect+) Service Delivery Time

The DEC Support (Connect+) service will be available 24 hours a day, 7 days. In principle, the response time for support of the "DEC Support (Connect+)" service will be from 9:00 to 17:00 on business days.

Article 7 Usage Fee

  1. Charges for using the "DEC Support (Connect+)" service shall be determined in the order form, etc.
  2. The Company can change the charge for using the "DEC Support (Connect+)" service by 14 days prior to the change, and after the change is notified, the Party uses the "DEC Support (Connect+)" service or 14 days after the change. If the Party does not proceed to cancel the usage agreement in the meantime, the Party will consider that the contents of the change have been agreed.

Article 8 Period of Use

  1. The Period of Use of the "DEC Support (Connect+)" service shall be determined in the order form etc.
  2. If the Party or the company has not indicated another intention 1 month prior to the expiration of the Period of Use according to the method designated by the Company, the Usage Agreement shall be automatically renewed by the Company one month from the day after the expiration date.
  3. The Company may change the type, content, usage fee and other Usage Agreement details of the "DEC Support (Connect+)" service after renewal by notifying the Party of the modification content of the Usage Agreement 14 days before the expiration of the Period of Use.

Last Updated: 27 May 2019