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Terms of use for application service

Chapter 1
Article 1 (Purpose)
Libran Business Systems Co., ltd (referred to as the “Company”) has particular terms of use and provides application services based on its terms of use. Company expects clients to follow these terms of use while receiving Company’s services.

Article 2 (Definitions)
Within the terms of use, the following terms will be defined as such.
(1) “Client” refers to an individual who confirmed that they will follow the terms of use.
(2) “User” refers to an individual using Company’s services via their authorized user ID.
(3) “User ID” refers to the identification number of an individual using Company’s services.

Article 3 (Master agreement)
Clients which use multiple services offered by Company are subject to terms of use for each of these services.
2. Company may enact another terms of use if necessary. If that occurs, this set of terms of use will still be active.
3. Company may and can change the terms of use without Client permission. Clients must follow the most recent terms of use.
4. If Company changes terms of use, they will notify Clients through chosen means. Additionally, Company expects Clients to be properly notified and in cases where this is not the case, the revised terms of use are still in effect.

Article 4 (Service type)
The prices for using Company’s services are those stated within the application form, but prices can be applied to Article 19.

Chapter 2 Contract
Article 5 (Contract and application agreement)
Clients who wish to use services of Company must apply through Company-designated means. The contract is only agreed upon after Company confirms the relevant application.
2. For applications confirmed by Company, the contract dates will be the date the user ID is issued.
3. Clients will be notified of contract agreement upon receiving the user ID.
4. Applications can be unconfirmed or rejected for these reasons.
(1) The Company sends documents which are sent back because of an unknown address.
(2) The Client applies (or has) to Article 16.

Article 6 (Contract periods and updates)
The date of beginning service is the date the user ID is issued.
2. Clients must pay for a minimum service period of one month.
3. The minimum period for paid service use will be extended an additional month unless the contract is ended as in Article 11.

Article 7 (Administrator appointment)
Clients must select an administrator of their service and the Company must be notified of this appointment.
2. The administrator is a particular individual who must oblige the responsibilities within this terms of use.
3. Company assumes that notifications given to the administrator are given to the Client via the same manner.

Article 8 (Notifications of change)
In the follow cases, Clients must notify Company right away.
(1) Change of address
(2) Change of trade name
(3) Change of owner or director
(4) Change or email address or phone number
(5) Change or payment method and/or related details
(6) Change of contact person/administrator or their contact information
2. Clients are required to submit documentation determined necessary by Company.
3. Clients are required to notify Company if they think they may apply within Article 16, items 14 or 15.

Article 9 (Trial version)
When using the trial version, the services may only be used within the period of time designated by Company.
2. If Clients using the trial version uphold contract and service agreements stated within 5 during the period of use, they can continue to use the services of Company.
3. The following articles do not apply to those using the trial version.
Article 6, Article 10, Article 11 (except number 3), Article 19, Article 20, Article 21, Article 22.

Article 10 (Cancellation or addition of user ID)
Clients may apply for the necessary quantity of user IDs, with the exception of Clients who apply to article 16.
2. The service start date is that of issuing of the user ID with the first day of the next month being the first payment.
3. Clients may request to end individual user ID use by methods designated by Company.

Article 11 (Cancellation of application service)
Clients may cancel use of services by Company at any time.
2. Clients may end Company’s services via submission of documents required by Company. When Company receives documents before the 20th of the month, payment is only required for that current month. When they receive documents after the 20th, payment is required for the following month.
3. If a Client ends their use of services from Company or finished the trial period as mentioned in Article 9, complete client registration data will be deleted before the following month ends and Client will not receive any returned registration data.
4. If documents are missing, it may result in a delay of the contract end date.

Article 12 (Prohibition of resale and transfer)
Clients may not resell or transfer the right of use for the application service or the related rights explained within the terms of use.

Chapter 3 Suspension Of Service
Article 13 (Suspension of use of application)
If a Client applies to any articles 14 to 16, Company may partially or completely suspend use of services. Company is not responsible for damages that occur as a result of this suspension of services.

Article 14 (Advance notifications)
If Company requires service suspension for necessary equipment inspections or maintenance, Company will provide notification to Clients with a month advance warning. Company will determine the notification means and expects Clients will be notified. Even if Clients are not notified, the effects will remain the same.

Article 15 (Suspension including notifications)
Company notice concerning suspension of services when users or Clients apply to the following. In these circumstances, Clients may provide notification after service suspension, regardless of the contents in the previous article. The notification method is determined by Company and they expect the Client will receive notification, and even if Clients do not receive notification, the effects will remain the same.
(1) The documents for application are insufficient.
(2) The Company has not received notification of a change in phone number or address of the administrator.
(3) Devices and equipment require immediate maintenance and inspection.
(4) Company determines the need to suspend devices as prevention for computer viruses.
(5) Company has not received notification of causes concerning the service suspension via contractors who provide the services necessary for continuing application service.

Article 16 (Suspension without notifications)
Company will end services without notification or may take actions deemed necessary if the user or Client applies to any of these items.
(1) Clients sends a document with falsified information.
(2) An act that may or will invade the privacy of Company or a third party.
(3) An act that may or will infringe on copyrights of Company or a third party.
(4) An act that may or will be viewed as erasing or stealing the database of Company or a third party.
(5) Client has doubtful credit standing or defaulted on debt.
(6) The use of passwords or IDs is inappropriate.
(7) Any activities are illegal or close to illegal.
(8) Any hindrance or distractions of Company’s business.
(9) Any hindrance or distractions of other Clients or users to use Company’s application.
(10) Disobeying terms of use.
(11) A natural disaster which prevents the Company’s ability to provide services.
(12) Company is unable to contact the user or client.
(13) Company’s equipment requires maintenance or is damaged and therefore is down.
(14) If Client’s director finds himself under bankruptcy.
(15) If Client is under reorganization, rehabilitation, or bankruptcy.
(16) If company confirms any other reason for which services must be suspended.

Chapter 4 Service Termination
Article 17 (Termination)
Company has the right to terminate entire or partial services at any moment.

Article 18 (Termination notice)
If Company chooses to terminate entire or partial services, Client or user will receive notification three months before. Client notification will occur via means determined by Company. Company expects Clients to be notified properly, and in cases where they are not, this does not change the effects of the notifications.
2. If Company is not able to notify users or Clients concerning service termination three months beforehand due to natural disasters or similar occurrences, Company will give notice as soon as possible.

Chapter 5 Prices
Article 19 (Pricing)
The prices associated with Company’s services will be in agreement with those included in advertisement on the web and written Company pamphlets, and every user ID will be charged by Company. The payment start day is the first day of the month following.
2. Contracts cancelled within paying period will not be deducted from the payment.

Article 20 (Obligation for payment)
Clients will be billed by Company based on pricing stated within this terms of use. Clients are required to complete payment via the Company-designated method and within the specified period payment.
2. Payment might be due if services are suspended. If, however, more than 15 days (360 hours) have passed since the month’s first day or the suspension is the responsibility of Company, Company will deduct 100% of that month’s payment.

Article 21 (Date of payment)
The payment will be due on the month’s 20th. If, however, banking/financial institutions are closed on payment date, the payment date will become the following work day.
2. Payment method is either bank transfers or credit card. Bank transfers are encouraged to make payment prior to the date stated on the bill.
3. In the situation stated in Article 16, Client must make the full payment via means designated by Company.

Article 22 (Charges for late payment)
Late payment charges are determined on the day after the due date of payment and have a per diem rate equal to 14.6% per year.

Chapter 6 Administration
Article 23 (Password and ID management)
Administrators hold full responsibility for passwords and user IDs and in the case of leaks, Company will not be held responsible. In cases where the leak causes damage to Company or a third party, the Client is held responsible.
2. Notices concerning the Company’s task requests or services will be sent to the administrator.
3. The user and the administrator are responsible for managing user IDs as well as passwords. Company does not take responsibility.
4. If any of these statements are true, Company will manage part or all of the passwords and user IDs. Even if, however, it results in Client damages, Company will not be held responsible in any part.
(1) If the administrator does a transfer of administrator authority to the Company.
(2) If the end of the contract period occurs.
(3) If Client applies or may do so to those items listed in Article 16.

Article 24 (User environment preparation)
Equipment necessary for using Company’s services must be purchased and ordered by the Client.

Article 25 (Data management)
Users or clients who leak or erase data, or use it for purposes which are not part of Company’s services are held responsible for damages resulting from this misuse.
2. Company may store and copy data for environmental recovery purposes.

Article 26 (Obligation of confidentiality)
No information which can lead to identification of individuals to third party members will not be disclosed by Company without Client consent. If, however, governmental organizations request this information, that may not be true.
2. Company will use Client information only for these following purposes.
(1) For administrative purposes such as issuing invoices.
(2) For collecting information to be used in Company analysis.
(3) As a source for creating documents which explain Company’s services.
(4) If Client applies to Article 15 or 16.
3. Company has permission to use Client information for the above purposes, even following the end of contract.

Chapter 7 Miscellaneous Provisions

Article 27 (Business consignment)
Company has rights to consign third parties for installation, maintenance works, or administration of software and equipment needed to provide Company’s services. Company is responsible for managing the consignee and providing stable services.

Article 28 (Exemptions)
Company does not promise effectiveness, reliability, accuracy, or completeness of data which Client acquires via Company services in cases where they are not stated within this terms of use.
2. Company is only held responsible for any data leakage, termination, change, suspension, or delay if they are stated within this terms of use.
3. Company assumes that any user ID use is done by its rightful user, and Company takes no responsibility for its unintended uses.
4. Company does not hold responsibility for equipment conditions not managed by Company.

Article 29 (Compensation for damage)
If company fails to follow responsibilities stated within this terms of use, Company is responsible for the compensation. In this situation, Company compensation is limited to the amount paid by Client within the previous 3 months.
2. If users or Clients apply to statements in Article 16 and/or fail to follow Company’s terms of use, the Client is responsible for paying compensation damage as requested by Company.

Article 30 (Copyright)
Company has the copyright to all software and systems provided within Company’s service (including the right to use and create derivative work). Clients may not sell, lend, customize, or duplicate Company’s software or system. Users or clients are forbidden from using the Company trademark without previous permission.
2. Users or clients may not reverse engineer, reassemble, or recompile any software or system provided by Company without the permission of Company.

Article 31 (Support)
The Company help desk will answer questions concerning Company services.
1. Contact method: Email or telephone

Bylaw
1. This terms of use comes into effect July 1, 2011.