Terms of service
Table of contents
- Chapter 1 General Provisions (Articles 1 to 27)
- Chapter 2 This service on credit card settlement
Chapter 1 General Provisions
(The purpose)
Article 1.
This Agreement (hereinafter collectively referred to as “this Agreement”) is intended to constitute the establishment and contents of an agreement (hereinafter referred to as “this Service Agreement”) concerning the use of J Style Credit Settlement Service (hereinafter collectively referred to as “this Service”) between a group of individuals or corporations that signed or stamped this application (hereinafter referred to as “Party A”) and J Style Limited (hereinafter collectively referred to as “Party B”)
(Scope of application)
Article 2.
Chapter 1 shall apply in connection with the Service concerning credit card settlement. In case of conflict between the provision of Chapter 1 and the provision of Chapter 2 conflicts, the provisions of Chapter 2 shall be stipulated.
(Definition of terms)
Article 3.
In this Agreement, the following terms shall have the meanings set forth below, except as otherwise specified in this Agreement.
(1) This Application Form … “Application form for settlement service” specified by B
(2) Goods … Items, services, information, rights etc. subject to transaction
(3) Seller … A business entity that sells or provides products
(4) Buyer … A person who purchases goods or receives offer of goods
(5) Price, etc. … Incidental expenses such as price and shipping fee and generic name of consumption tax on these
(6) This service … Payment of the price of goods by credit settlement or data processing for the purpose of supporting such services specified by this agreement
(7) Credit card payment … Settlement by advance payment of the price of goods or purchase of receivables associated with prices by credit card company. The details are based on credit card merchant contract agreement.
(8) Credit sales … Based on a conclusion of contracts such as a sales contract and a service contract. A person who intends to become a seller is provided with the information such as a credit card membership number at the time of the conclusion from the person who intends to become a buyer and is scheduled to pay by credit card for the price of the item covered by the contract.
(9) Credit card merchant contract … A contract on credit sales and credit card payment concluded with credit card company
(10) This Credit Card Company … Credit card Company that has approved the use of the service on its credit card settlements specified separately by B and that also has entered into a credit card merchant contract with Party A (regardless of whether Party A requested affiliation and got approved or Party B helped affiliation on behalf)
(11) Loans, etc. … Advance payment of the price the credit card company has the obligations to pay based on the credit card merchant contract or purchase price of the receivables related to the price (Both refer to the balance after deducting the fee equivalent to the predetermined credit card company)
(12) Sales requirement … Request for replacement payment for payment to this Credit Card Company or request for purchase of claim pertaining to said payment
(13) This Settlement Service Provider … Generic name of this Credit Card Company and settlement information processing company
(14) Mail order sales … A conclusion of a contract for the purpose of selling or providing goods, and the intention of the application made by communication tool such as an internet without facing the parties
(Establishment of this Service Agreement)
Article 4.
1. If this Application Form in which all signatures or and seal or other necessary items have been filled in by Party A is submitted to Party B and the Party B approves it without mentioning any objections, this Service Agreement is established between the Party A and Party B, on the said date of approval, treating the contents of this Agreement and this Application as the contents of the contract.
2. Even if the Party B does not approve this Application Form prescribed in paragraph 1 or approves it by filing an objection, Article 16 shall be effectively and indefinitely applied or applied mutatis mutandis
applied mutatis mutandis.
3. In the case the content of this Application Form (Including remarks. Same as below) received by Party B conflicts with the contents of this Agreement, the contents of this Application shall be complied.
4. Party A, upon submitting the application form set forth in paragraph 1 to Party B, or after the said submission, shall promptly provide Party A information, materials, etc. regarding Party A or the business of Party A in the manner designated by Party B.
(Use of this Service)
Article 5.
1. Party B will provide this Service to Party A on the condition that Party A complies with this Service Agreement. Party A, based on this agreement, shall use this Service only in accordance with this Agreement.
2. Party B, In the event that this Service Agreement is concluded pursuant to Article 4, Paragraph 1, after receiving this Application Form pertaining to this Service Agreement, shall promptly consider the Service User Registration (Merchant ID Registration Or store registration) related to this Service Agreement (Including when the approval from this Settlement Service Provider is necessary, the approval from this said this Settlement Service Provider will be requested).
3. As a result of the examination set forth in the preceding paragraph, if Party B decides to approve this service user registration, Party B shall notify Party A that the registration is completed when the said registration is executed. If Party B decides not to approve the registration, Party B shall inform Party A about it. If Party B decides not to approve the said registration, Party B shall not be obliged to disclose the reasons to Party A.
4. Party B, in the event of registering this Service User Registration, together with the notice under the preceding paragraph or after giving notice under the preceding paragraph, shall immediately inform Party A of the start date of this registered Service stated above. Party A shall be able to use this Service from the start date of this Service notified by Party B. However, if the day on which the notification is received is the start date, this Service shall be available from the time the said notice is received.
5. Party A shall not be able to use this Service on which Party A receives a notice from Party B saying that this Service User Registration is not authorized.
6. Party A, apart from obtaining the written consent from Party B in advance, shall use this Service in connection with the sale or provision of this goods with a third party as the seller, or for the price of the said goods, or shall not let the third party use this Service regardless of name or other nominal.
(Initial introduction cost etc.)
Article 6.
1. Party A shall bear the initial introduction cost (including terminal expense), system usage fee and fee for each settlement method (hereinafter collectively referred to as “initial introduction fee etc.”). The detailed description shall be as stated in this Application Form unless Party B raises any objection upon submission of this Application Form to Party B.
2. In accordance with the description on this application, Party A will transfer the initial introduction fee, the system usage fee and the amount equivalent to consumption tax on them (rounded down to the nearest 1 yen) to Party B’s bank account separately designated by Party B. Party A will bear the transfer fee. In the case where the payment deadline date stated in this application falls on a holiday of a financial institution, the payment deadline shall be the financial institution business day immediately after that.
3. In case of delaying the payment under paragraph 2, Party A will be liable for a late charge by a rate of 14.6% per year until the payment is made from the day following the payment deadline (prorated on the basis of 365 days a year, rounded down to the nearest 1 yen).
4. Party B shall be able to offset, based on this Agreement, the initial introduction fee etc. to be paid by Party A and the amount equivalent to consumption tax on them and the amount of money to be returned to Party B in accordance with this Agreement (Including past due amount) with various payments from Party B to Party A pursuant to this Agreement, and the initial introduction fees, system usage fee and the amount of equivalent to consumption tax on them subject to such offset do not require a bank transfer stated paragraph 2. It is not necessary for the Party B’s and A’s credit to be arisen with respect to the same settlement method, and the Party B does not need to declare its intention of such offset each time.
5. Party B shall not be obligated to return the received initial introduction fee to Party A, regardless of whether or not you actually used the Service. However, this shall not apply if there is any cause attributable to Party A concerning that Party B did not use the service.
(Compliance with rules and others prescribed by Party B)
Article 7.
Party B, for ensuring the smooth and appropriate providing of this Service or the sale or offering of Party A’s goods pertaining to the use of this Service (hereinafter collectively referred to as “These Regulations, etc.”), shall establish the regulations for detailed items to the extent necessary and reasonable or assign and shall be able to notify this to Party A. When Party A receives notice of these regulations etc. from Party B, Party A shall comply with this.
2. Party A, related to the use of this Service or the sale or offering of goods pertaining to the use of this Service, shall not perform the acts of the following items.
(1) Laws such as Specified Commercial Transactions Law, Consumer Contract Law, Personal Information Protection Act etc. or acts that may violate or violate laws or public order and morals.
(2) Acts that infringe or may infringe third party’s copyrights, trademark rights, rights under the Unfair Competition Prevention Act, honor, credit, privacy, and others; third party’s rights or legal interests.
(3) Acts corresponds to or may correspond to crime (including the instigating or aiding of crime, the same applies below).
(Settlement terminal, system distribution etc.)
Article 8.
1. Party B, promptly after the establishment of this Service Contract, shall provide Party A with the Credit Settlement Terminal (hereinafter collectively referred to as “this Terminal”) that is prescribed by Party B and is necessary for Party A to use this Service, and the related documents such as user’s guide, and manuals (Including those in the form of electronic data, hereinafter collectively referred to as “this Document”) etc. within the range of initial introduction costs. However, if Party A fails to obtain the approval to conclude a credit card merchant agreement, it is not necessary to be provided.
2. With regard to the purpose of use, usage, warranty, limitation of liability, etc. of this Terminal, it is as set forth separately by Party B based on this Document.
3. Party B, In the case of receiving this Terminal from Party B and in accordance with the provisions of Article 6 paragraph 2 to paragraph 4, shall pay the initial introduction fee and the equivalent amount of the consumption tax as consideration for such provision and permission.
4. Party A, in the case of the preceding paragraph, shall be liable to the payment under the preceding paragraph even if Party A never uses this Service (limited to those conducting data processing, same as in the following paragraph) or this Terminal.
5. Party B, after providing Party B with this Terminal and this Document, even if Party A never uses This Service or The Terminal or this Service Agreement terminates irrespective of the reason, Party B shall have no obligation to return the received initial introduction fee etc. and the equivalent amount of the consumption tax to Party A.
6. Party A, in the case of performing data processing or data communication by using this Service, shall perform the data processing and data communication using this Terminal or this System provided by Party B in accordance with the provisions of this Document.
7. In the event that all of this Agreement terminates irrespective of the reason, Party A shall promptly return the Terminal to Party B and when receiving a request from Party A, Party B shall immediately submit a written evidence of such disposal or deletion.
8. Party B, after notifying Party A in advance, shall make modifications or exchanges of this Terminal with or without compensation for the purpose of upgrading the version and adding functions corresponding to the addition of the contents of this Service, and Party A shall respond to this. However, with regard to the amount of consideration in the case of receiving compensation, it shall be in accordance with the agreement separately between Party A and Party B on consultation.
(Equipment to be secured by Party A)
Article 9.
1. Party A shall secure computers (hereinafter collectively referred to as “Party A’s computer”) that introduce and operate this Service and other devices, equipment and environments (including communication environments) for using this Service with their own responsibility and expense. However, it does not preclude that Party A shall accept the provision of this terminal pursuant to Article 8 paragraph 1 and respond to amendment of this Service or amendment or exchange of this Service under Article 8, paragraph 8.
2. Party A shall, upon receiving of a designation from Party B regarding the equipment, facilities or environment set forth in the preceding paragraph based on this Document etc., secure the such designated equipment, facilities or environment.
(Installation support of this Terminal)
Article 10.
1. Party B, upon receiving an inquiry by telephone or e-mail from Party A, shall provide assistance concerning the installation of this Terminal by responding by telephone or e-mail. However, the assistance other than installation support of this Terminal on Party A’s place or other support of responding by telephone or e-mail will be performed only when Party B and Party A agree separately.
2. In the case that Party B performs the installation support of the preceding paragraph, Party A shall cooperate with Party in the following items.
(1) Permit authorized personnel of Party B to enter Party A’s office or the scheduled terminal installation site and witness the installation process.
(2) Allow authorized personnel of party B to access a) the computer of Party A, b) another device connected to the computer of Party A, c) a telecommunication circuit and d) an associated computer program and data
(Technical work related to the use of this Service)
Article 11.
1. Party A, in order to properly carry out the technical work (hereinafter referred to as “Party A’s technical management work”) on the computer of Party A and other computer systems used by Party A for use of this Service (hereinafter collectively referred to as “Party A’s System”), shall select the executive responsible for the side technical management work (hereinafter collectively referred to as “Party A’s System Administrator”) and notify Party B by the method separately designated by Party B, and shall provide sufficient education and training to Party A’s System Administrator, including correct recognition of the contents of this Document and the information provided by Party B based on paragraph 3.
2. Party A, When we are going to make a change in whole or part of the name, affiliated department, contact phone number, e-mail address etc. of the System Administrator of Party A, shall notify Party B of the change details beforehand.
3. Party B, in case of having the technical information that is necessary or useful for Party A’s technical management work to be carried out appropriately in Party A, shall be able to provide the technical information to Party A by providing a manual or other method that is deemed appropriate by Party B. Party A shall carry out the technical management work according to the technical information provided by Party B.
(Management of ID and password etc.)
Article 12.
1. Party A shall strictly manage to prevent accidents such as leakage, loss, damage, etc. of ID or password provided by Party B. Party A, upon receiving them, shall promptly change the password in accordance with the method prescribed by B, shall voluntarily change this changed password at appropriate time, and shall not continue to use the same password for a long period of time.
2. Party A, when recognizing that the ID or password in the preceding paragraph (including those changed by Party A, hereinafter the same in this paragraph and paragraph 3) has been used without proper authority, shall immediately inform Party B about this. Party B, upon receiving the notice, shall immediately invalidate the ID or password.
3. Party B is not responsible for any damage caused to Party A by the use of the ID or password of paragraph 1 without proper authority. However, this shall not apply to damages in the case where Party B knows that the ID or password has been used without proper authority or otherwise did not know that due to serious negligence, or in the case of delay of invalidation under the preceding paragraph based on the cause attributable to the responsibility of Party B.
(Discontinuation of this service)
Article 13.
1. When a cause falls under any one of the following items, Party B may suspend the provision of all or part of the Service to Party A after notifying in advance to Party A.
(1) When Party A violates this Service Agreement, the License Agreement or this Regulation and this Credit Card Company Terms etc.
(2) When any one of the release reasons set forth in Article 23, paragraph 2 arises with respect to Party A.
(3) In the event that Party A, concerning all or a significant part of own business, has decided to transfer the business or divide the company without obtaining the written consent from Party A in advance.
(4) In the case of any one of the following a, b, or c corresponds to the computer system (hereinafter collectively referred to as “Party B’s System”) used by the outsourcer or Party B to provide this Service.
a. When performing periodic or emergency maintenance work.
b. When hardware or software is exchanged or upgraded.
c. When it is inevitable to implement countermeasures against computer viruses and unauthorized access, etc., implement work to resolve problems of computer systems, and ensure smooth operation of such computer system.
2. In the event that any of the following items falls under, Party B, by notifying Party A in advance, shall be able to suspend the provision of parts relating to the settlement method handled by this Settlement Service Provider pertaining to said cause in this Service.
(1) When any one of the release reasons set forth in Article 23, paragraph 3 arises with respect to Party A.
(2) In the case where Party B receives a request from this Settlement Company to suspend the provision of this Service to Party A concerning the settlement method handled by this Settlement Service Provider regardless of the reason.
3. Notwithstanding the provisions of paragraphs 1 and 2, in case of emergency unavoidable circumstances, it is sufficient to notify immediately after the fact in lieu of each advance notice in paragraphs 1 and 2.
4. Party A may suspend the use of all or part of this Service by giving written notice to Party B in advance in writing 3 months or more. Party B, even if receiving such a request, in the event of receiving another request to resume this Service from Party A, Party B shall promptly restart providing this service.
5. Party B shall not be liable to any damages suffered by Party A due to suspension of the provision of this Service under this Service Agreement as well as Paragraphs 1 and 2 of this Article, Paragraph 2 of Article 35, and Article 45.
(Non-conferring of agency to Party A)
Article 14.
Party B shall not grant to Party A the authority to use any agency or business name, trademark, logo or other business notice of Party B under this Service Agreement. Party A, apart from being separately approved from Party B, shall not indicate to third parties that there is a possibility that it may be recognized as an agency of Party B and as being given some other authority from Party B, and also shall not display Party B’s trade name, trademark, logo mark or other business notice of Party B on the website used by A.
(Outsourced to a third party)
Article 15.
Party A shall not outsource all or part of Party A’s operations based on this Service Agreement to a third party (including contracting and delegation, the same shall apply hereinafter) unless Party A obtains prior written consent from Party B.
2.Party A, when it is necessary for Party B’s business purposes, shall agree that all or part of the business of Party B will be outsourced to and registered with the Affiliate Company of Party B and the business partner of Party B (hereinafter collectively referred to as “Affiliate Company of Party B”) and that the information registered with the Affiliate Company of Party B (including the information already registered) will be used for credit screening related to Party A and management after signing this Service Agreement.
3. Regardless of whether or not it is the consignment permitted under paragraph 1 or 2, the acts of the subcontractor of Party A or Party B are, in view of the use of this Service Agreement, the acts of Party A or Party B Shall be deemed to be considered.
4. Party A and Party B, in the event that each one outsources all or part of business under this Service Agreement to a third party, shall properly supervise the trustee in order not to violate this Service Agreement due to the acts of such outsource.
(Confidentiality preservation etc.)
Article 16.
Party A and B, each party shall keep any information (hereinafter collectively referred to as “This Information”), acquired in connection with the conclusion or performance of this Service Agreement as confidential and shall not disclose, provide or leak to third parties. However, this information includes the information on the counterparty, this Settlement Service Provider or the buyer of the product to be sold or provided, the information on sale or provision of the goods related to the use of this Service and the information on this Terminal, and the information corresponding to personal information (hereinafter simply referred to as “personal information”) under the Information Protection Law (depending on the content after amendment if revised)
(1) In case of obtaining written agreement from the other party in advance
(2) According to Section 34, Paragraph 2, section 36, and other cases based on this Service Agreement or inevitably accompanying the provision of this Service
(3) In the case of disclosing or providing to the contractor concerned with said outsource to the extent indispensable for the outsource of own business permitted under this Service Agreement
(4) In the case where it is indispensable for the execution of the sale of goods, etc. of Party A pertaining to the use of this service or for the performance of the contract pertaining to such sale etc.; it is based on a credit card merchant agreement between Party A and this Credit Card Company concerning credit sales related to the use of this Service; or it is based on the contract related to this Service between Party B and the Settlement Service Provider
(5) In the case of disclosing to the experts who are obliged to keep confidentiality under laws such as attorneys, certified public accountants, tax accountants, etc. as a result of consultation or request etc. relating to this Service Agreement
(6) In accordance with laws or regulations on stock exchanges (Except in cases where notification to the other party in advance is against the purpose of such laws or regulations of stock exchange, only when notifying the other party in advance of such disclosure)
2. When disclosing this information to a third party pursuant to Paragraph 1, item 1 or 3, Party A and B, each party shall impose equivalent obligation as its own obligation based on this Section on the third party in advance.
3. Party A and B shall not use (including duplication) or use this information for any purpose other than the performance of this Service Agreement (including outsource permitted under this Agreement). However, Licensee shall be able to use this information on Party A for the purpose of introducing products of Party B other than this Service or products of Party B’s related company to Party A, and the exceptional reasons of items 1, 4, 5 and 6 of paragraph 1 shall apply mutatis mutandis to the limitation on use or use under this Section.
4. Party A or B, each party, in the event that each party receives a request from the other party or when all or part of this Agreement terminates irrespective of the cause, shall
promptly return the other party the information pertaining to such requested or completed portion of this Information held by itself and the outsourcing party ,and when receiving a request from the other party in the case of deletion, a document evidencing said deletion shall be promptly submitted to the other party . The grounds for exclusion of items 1, 2, 4, 5 and 6 of paragraph 1 shall apply mutatis mutandis to the return or elimination pursuant to this Paragraph.
5. A and B shall take necessary and appropriate measures in order to prevent leakage, loss or damage of this information, as well as to ensure the safety management of this information. Such measures include at least those listed in the following items.
(1) To limit the officers, employees or dispatched workers (hereinafter collectively referred to as “executives and employees”) of the person who handles this Information to the minimum necessary person
(2) For the officers and employees who deal with this Information shall be appropriately imposed obligations such as confidentiality obligation, restriction on purpose of use, return obligation etc. that will continue even after retirement; in addition to obligating dispatched workers to impose similar obligations on dispatched workers, necessary and appropriate supervision of such officials by providing education and training shall be provided.
6. For this Information falling under any one of the following items, from the said time on, the items 1 to 5 shall not apply. However, when this said Information corresponds to personal information, it is not limited to this, and the first to fifth items shall still apply.
(1) When it is already known at the time of acquisition or it becomes publicly known for any reason not attributable to oneself after acquisition
(2) In the case of the same content as the information acquired by legitimate means without bearing the confidentiality obligation from a third party
(3) In the case of the same contents as the information developed, created independently by oneself without relying on this Information
(Prohibition of competition)
Article 17.
Party A, except in the case of obtaining written agreement in advance by Party B during the term of validity of this Service Agreement (limited to those pertaining to the settlement method that Party A may use under this Agreement), shall personally provide the same or similar service as this Service, or shall not let subsidiaries or other third parties under its control provide.
(Prohibition of transfer of rights and obligations etc.)
Article 18.
Party A, except as otherwise agreed in writing by Party B in advance, shall not transfer, inherit, lend its own rights or obligations under this Service Agreement or its contractual status to a third party Or shall not use them as collateral for itself or a third party.
(Notice of contact etc.)
Article 19.
In the case of changing the items that Party A filled in this Application Form such as A) the name of Party A, b) the location of the head office, c) the telephone number, the facsimile number or the e-mail address or d) the URL of the website used for advertisement of the goods related to the use of this Service or for the receipt of applications for purchase etc. and other items described in this Application Form after the establishment of this use contract, Party A, with related materials, shall notify the details of said change in advance in writing, or other manner each time specified by Party B. However, regarding the related materials, if it is difficult to secure this in advance, it is sufficient to promptly submit it to the client after the incident.
2. In the case where notices, and communications, etc. (hereinafter collectively referred to as “Notice, etc.”) from Party B to Party A related to this Service Agreement or this Service (collectively referred to as “Notices, etc.”) are sent to Party A’s contact address, which Party A has notified to Party B under Article 4, paragraph 5 (to the new contact address in the case where notification of change in contact address was made under the preceding paragraph), such notices etc. shall be deemed to have arrived at the time of the normal arrival at the address.
3. Party B shall be able to send notices etc. to Party A related to this Service Agreement or this Service by sending mail in writing, facsimile or e-mail or any other method that Party B arbitrarily selects each time.
(Changes to this Service Agreement)
Article 20.
The contents of this Agreement shall be changed effectively only by written agreement with signature (or name) and seal of both Party A and Party B.
2. Notwithstanding the provision set forth in the preceding paragraph, if Party A has used this service even once after receiving the notice of change of the contents of this Service Agreement on Party B’s website or mail, etc., Party A is deemed to have accepted the change, and after the date of such use, the modified Service Agreement shall be applied. However, if there is any other provision in the said notice, the said provision shall be applied.
3. Notwithstanding the provisions of paragraph 1, in the event that it is necessary to change the contents of this Service Agreement due to unavoidable reasons such as requests from this Settlement Service Provider, changes in related laws and regulations, changes in terms of use of communication lines, change in the system of Party B and other unavoidable reasons , Party B by notifying Party A of the contents of the change in advance, shall be able to change the contents of this Service Agreement without obtaining the consent from Party A each time.
4. Upon receiving the notice set forth in the preceding paragraph, Party A shall terminate this Service Agreement by notifying Party B in writing more than one month in advance. Provided, however, that this shall not apply if ten days have elapsed without giving such advance notice from the date of receiving such notice.
5. Party B shall not be held responsible for any damage caused to Party A by cancellation under the preceding paragraph.
(Compensation by Party A, Party B’s disclaimer)
Article 21.
Party A shall promptly notify Party B of the disputes in each of the following items as soon as possible, shall cope immediately and resolve with own responsibility and expense burden, in the event of any disruption to Party B by these disputes, Party A shall indemnify any damages.
(1) The number of items pertaining to the use of this Service or the difference in item, quality, property or functional problem, delay in delivery or provision, amount of payment or dispute concerning payment or advertisement (including, but not limited to filling of complaints, exchange, refund, or requests for midterm cancellation of contracts related to sale or provision of said goods)
(2) Disputes concerning application for contract pertaining to sale or provision of goods related to the use of this Service; presence or absence of intention indication of consent; or other concerning the validity of the said contract, disputes concerning impersonation or other related to attribution of the said contract, disputes concerning the validity of the said contract due to violation of consumer contract law, or error etc. ,and disputes relating to resolution of the said contract by cooling off or fraud etc.
(3) Dispute concerning maintenance of goods related to the use of this Service
2. In addition to the cases set forth in each item of the preceding paragraph, in connection with the sale or provision of goods pertaining to the use of this Service Agreement or this Agreement, Party B has suffered any loss, damage or the like due to a judicial or nontrivial request from the third party, Party A shall indemnify all of this and shall not impose any burden on Party B.
3. Party B shall not be held responsible for any damages caused to Party A due to the fact that Party B declines to authorize this Service user registration, cancellation pursuant to Article 23, paragraph 3, or the termination of this Service Agreement pursuant to Article 24, paragraph 4.
4. Party B shall not promise to collect the actual price etc. from the buyer or shall not guarantee payment of the price etc. by the buyer. Credit card settlement is executed or refused by this Credit Card Company and Party B shall not guarantee the execution of these. Party B shall not be held responsible for any failures or delays unless these failures or delays result from bleach of this Service Agreement due to reasons attributable to Party B.
5. Party B is not responsible for any failure to provide this Service or breach of this Service Agreement based on congestion or disruption of communication lines, natural disasters such as earthquakes, spread of diseases such as infectious diseases, acts of terrorism, labor disputes, etc.
(Compensation for damages)
Article 22.
Party A and Party B, in the event that each of them suffered any kind of loss due to a violation of this Service Agreement or this Regulation etc. based on the cause attributable to the other party’s responsibility, shall claim compensation against the counterparty only for normal damage (not including lost profit equivalent) actually incurred and directly incurred. Provided, however, that if otherwise provided in this Agreement, such provision shall be made.
2. The maximum liability for damages of Party B for each time related to this Service or this Service Agreement, regardless of nonperformance of contractual obligation, liability for warranty against defects, illegal acts, or other legal constitution, shall be limited to the total amount of system usage fee received by Party B based on this Service Agreement during the three months immediately before the month containing the date of the occurrence of the cause of said responsibility.
(Release)
Article 23.
1. Party A and Party B, each party, in the event that the counterparty has violated this Agreement, License Agreement or this Regulation etc. on the basis of the cause attributable to the counterparty and the violation has not been resolved within a reasonable period despite notifying the cancellation of such violation, shall cancel all or part of this Service Agreement. However, if it is clear that it is impossible to resolve the violation condition, it shall be immediately canceled without any notice required.
2. When any one of the following events occurs in the counterparty, Party A and Party B shall immediately cancel all of the terms of this Service Agreement without requiring any notice.
(1) In case of making a motion for oneself to initiate legal debt consolidation proceedings such as bankruptcy, civil rehabilitation, corporate reorganization, special liquidation, specific mediation, etc. or if otherwise alleged
(2) In case of receiving a motion for forced enforcement such as seizure or provisional seizure or a motion for pledge of security interest such as mortgage, or receiving compulsory disposition of taxes and duties such as non-delinquent disposition
(3) In the event that the issued notes or cheques have become detrimental even once, in the event of falling into insolvency or declaring payment suspension, or suspension of bank transaction
(4) In cases of suspension or abolishing all or a significant part of the project, or entering liquidation procedure by a resolution of dissolution etc.
(5) In addition to items 1 to 4, if the credit situation is extremely deteriorated or it is recognized with reasonable ground that smooth and proper performance of this contract cannot be expected
(6) In cases where the antisocial forces of designated organized crime groups are deliberately aided or it is recognized with reasonable grounds that such forces are involved in management, or in the case of conducting an act which may harm the company image or credibility of the other party
3. Party B, in the event that any one of the following events occurs with respect to Party A, without any remedy, promptly and without any compensation or indemnity, shall cancel the part related to the settlement method handled by this Settlement Service Provider in each of this Service Agreement.
(1) In the case where a credit card merchant contract (it is limited to a credit card merchant agreement on credit sales related to the use of this Service, but it shall not matter whether or not Party B has signed up as an agent and concluded) has been concluded between Party A and the Credit Card Company and the said credit card merchant contract is terminated irrespective of the cause
(2) In the case where Party B receives notification from this Settlement Service Provider that Party A is inappropriate as the user of this Service concerning the settlement method handled by this Settlement Service Provider, and in the event that Party B has suspended or canceled this Service Agreement with this Settlement Service Provider for any reason. In the case of request for cancellation of this Service Agreement with Party A from the Settlement Service Provider regardless of other reasons.
4. The cancellation under any of paragraphs 1 to 3 shall not be retroacted in the past and shall only be forfeited only towards the future.
5. In the event that this Agreement is terminated by cancellation from Party B based on any of items 1 to 3, Party A shall naturally forfeit the payment deadline of any monetary obligation under this Service Agreement, and shall pay by adding delay damage (rounded down to less than 1 yen by 365 days a year) by a rate of 14.6% per year from the day after the day of the loss of the payment deadline until payment is completed
(Valid period)
Article 24.
1. The term of validity of this Agreement shall be one year from the date of establishment as determined by Article 4, Paragraph 1.
2. If the notice in writing indicating that this Service Agreement shall not be continued has not been reached after the expiration of the valid period from either Party A or Party B to the other by 3 months prior to the last day of the validity period of this Service Agreement, this Service Agreement shall be automatically renewed as a new validity period for one year from the day following the last day of the valid period, and the same shall apply thereafter.
3. Paragraphs 1 and 2 shall not interfere with cancellation under Article 20, paragraph 4, termination under either Article 23 paragraph 1 to 3 or cancellation by agreement between Party A and Party B.
4. Notwithstanding Paragraphs 1 and 2, if Party B terminates the provision of this Agreement or in the event of termination of the agreement related to outsourcing between Party B and the Settlement Service Provider without any reason, the part related to the settlement method handled by this said Settlement Service Provider in this Service Agreement, without necessarily requiring any requisition or notice, etc. and without any compensation or indemnity, shall be terminated at the same time as the agreement between Party B and this Settlement Service Provider is terminated.
5. Even after this Service Agreement has been terminated without any reasons, Article 4, Article 6, Section 5, Article 8, Section 4, Section 5 and Section 7, Article 9 (Limited to the portion that set the cost burden), Article 12, Paragraph 3, Article 13, Paragraph 5, Article 14, Article 15, Article 16, Article 18, Article 19, Paragraph 2 (Only with regard to notification etc. sent before the end date), Article 20, Article 21, Article 22, Article 23, Paragraph 4 and Subparagraph 5, Subparagraph 4 of this Article and this Section, Article 26 and Article 27 are still valid indefinitely, and the specific monetary claims and monetary obligations arising under this Service Agreement until the date of said termination shall not be affected by the termination of this Service Agreement.
(Agenda items)
Article 25.
With respect to matters not stipulated in this Service Agreement and the doubts about the interpretation of this Service Agreement, Party A and Party B shall endeavor to settle the matter by consulting in good faith by following the License Agreement and this Regulation etc.
(Governing law)
Article 26.
This Service Agreement and memorandum of understanding, agreement letter between Party A and Party B in relation to this Service Agreement and any other agreement concluded regardless of format or nomenclature shall be governed by the law of Japan.
(Jurisdiction agreement)
Article 27.
Regarding any dispute between Party A and Party B in relation to This Service Agreement and memorandum of understanding, agreement letter between Party A and Party B in relation to this Service Agreement and any other agreement concluded regardless of format or nomenclature, the Tokyo District Court or the Tokyo Simplest Court shall be the exclusive jurisdiction court of the first instance pursuant to the jurisdiction of the statutory subject matter. However, this does not apply to cases where it is subject to statutory exclusive jurisdiction or where there is a separate provision in the license agreement.
Chapter2 This service on credit card settlement
Section 1 Principle (Articles 28 to 37)
Article 28.
The provisions of Chapter 2 apply only to Party A’s credit sales related to the use of this Service related to credit card payment and credit card settlement. The matters not stipulated in the provisions of Chapter 2 shall be in accordance with the provisions of Chapter 1.
(Definition of terms)
Article 29.
In chapter 2, the terms in each of the following items shall have the meaning stipulated in each of those items.
(1) Merchant store … A business entity that has signed a credit card merchant contract with a credit card company
(2) This Credit Card Merchant contract … Credit card merchant contract signed with this Credit Card Company
(3) This credit card merchant contract etc. · · · Generic name of this credit card merchant contract or agreement, regulations, agreement letter, memorandum etc. incidental or related to thereto
(4) Merchant ID · · · A code designated by Party B for identifying the user of this Service concerning credit card settlement
(Contents of this Service concerning credit card settlement)
Article 30.
Contents of this Service concerning credit card settlement shall be as follows.
(1) Data processing relating to credit request or sales approval request (authorization processing)
Based on such received data, the data of credit request or sales approval request (authorization request) concerning the said credit sales is created by the system of Party B, and the created data is transmitted to the computer system of this Credit Card Company related to the said credit sales through the communication line, and data concerning the answer (authorization result) to the said credit request or sales approval request transmitted from this relevant Credit Card Company through the communication line by the system of Party B, and the data concerning the said answer is transmitted through a communication line to the system of A.
(2) Create and submit data relating to sales requests (hereinafter referred to as “sales request data”)
Sales request data is created according to the data format prescribed by the relevant Credit Card Company concerning credit sales for which credit or sales approval was obtained from this Credit Card Company, and the said sales request data is submitted to the relevant Credit Card Company by sending the recording medium containing the said sales request data in accordance with the deadline and the deadline predetermined by this relevant Credit Card Company and other methods specified by this Credit Card Company.
(3) Data processing related to cancellation request
In accordance with the data format prescribed by this Credit Card Company concerning said credit sales and creates said data by using the same method as in item 1, the data concerning credit for specific credit sales or request for cancellation of sales approval is created and sent to this relevant Credit Card Company, or in accordance with the data format prescribed by the relevant credit card company and submitting the created data to the credit card company in the same manner as in item 2, the data relating to cancellation of a sales request for a specific credit sales is created and submitted to this relevant Credit Card Company.
(4) Provision of management screen via the internet and other items related to or related to the first to third issues
(Use of this Service on credit card settlement)
Article 31.
After submitting this Application stating that Party A wishes to use this Service concerning credit card settlement to Party B, when both of the notice of completion of Merchant ID registration pertaining to this Application Form and the notice of the start date of provision of this Service concerning credit card settlement have reached Party A from Party B, Party A shall be able to use this Service related to credit card settlement on or after the notified date of said provision. However, if Party A has received the notice of the date of provision on the start date of said provision, Party A shall be able to use this Service after receiving the notice.
2. Notwithstanding the provisions of the preceding paragraph, in the event that Party A has applied the use of this Service concerning credit card settlement to Party B by the method prescribed by B upon the establishment of this Agreement and Party A has received both of the notice of acceptance and the notice of the date of provision of this Service, Party A shall be able to use this service related to credit card settlement on and after the notified start date of said provision. The proviso of the preceding paragraph shall apply mutatis mutandis to this case.
3. Party A shall use this Service related to credit card payment only for credit sales under this Credit Card Merchant Contract.
4. Party A as a seller, shall use this Service related to credit card settlement with respect to credit sales with the credit card member of this Credit Card Company or other affiliated credit card company as a buyer.
(Conclusion and compliance with this credit card merchant contract)
Article 32.
Party A shall conclude and maintain this Credit Card Merchant Contract etc. under its own responsibility and own expense burden.
2. Party A shall comply with this Credit Card Merchant Contract etc.
3. Party B shall not be involved in the conclusion of this Credit Card Merchant Contract etc. and shall not bear any responsibility for the success or failure of this Credit Card Merchant Contract etc.
(Restriction on Credit Sales)
Article 33.
1. Party A shall comply with laws and regulations concerning aspects of credit sales related to the use of this Service relating to credit card settlement, goods to be subjected to such credit sales (hereinafter referred to as “handled goods”) or advertisements of such handled goods , and shall not conduct any acts that may violate or violate laws or public order and morals, acts of third parties’ copyrights, trademark rights, rights under the Unfair Competition Prevention Act, rights such as honor, credit, privacy, legal interests or any acts that may pose a risk or criminal acts or may be applicable.
2. Party A undergoes an examination by this Credit Card Company in accordance with this Credit Card Merchant Contract in advance with respect to its handled goods, and upon receiving approval from this Credit Card Company, shall notify Party B of the goods that have obtained such approval. The same shall apply in cases where Party A adds or changes handled goods.
(Investigation, improvement request)
Article 34.
1. If Party B judges that Party A is suspected that Party A is in breach of this Credit Card Merchant Contract, this Service Agreement, this Regulation, or laws or regulations or upon request from this Credit Card Company, Party B shall Investigate or request a response to Party A regarding necessary matters or Party B can investigate by itself about conditions of credit sales of Party A, promotional advertisements, handled goods etc. by a considerable method. Party A, upon receiving the request or immediately after the notice of commencement of the investigation by Party B, shall respond to the request or cooperate with the investigation by Party B.
2. Party B may submit the answer from Party A in the preceding paragraph or the information, materials etc. obtained by the investigation of Party A to this Credit Card Company.
3. If any of the following event occurs, Party B shall be able to request improvement or suspension of Party A’s conditions of credit sales, promotional advertisements or handled goods related to the said event and Party A shall be able to comply with the request by its own expense borne.
(1) In the case where Party B acknowledges that the conditions of credit sale Party A, promotional advertisements or handled goods may violate or violate this Credit Card Merchant Contract, this Service Agreement, this Regulation, etc. or laws and regulations with reasonable grounds
(2) In the event that this Credit Card Company or Party B with respect to said credit sales or its target merchandise, receives filling of complaints, requests for investigation or refund of payment, compensation for damages, etc., in court or on judicial decision from a credit card member who is a buyer pertaining to credit sales of Party A, or who tried to become a buyer
(3) In the case where this Credit Card Company or Party B ,in relation to Party A’s conditions of credit sales, promotional advertisements or handled goods, receives an allegation from the third party that the rights such as copyright, honor, trust, privacy, etc. of the said third party or legal interest have been infringed
(4) In the case where Party A does not answer based on the first paragraph or does not cooperate with the investigation by Party B
(5) In the event that this Credit Card Company deems that conditions of credit sales, promotional advertisements or handled goods by Party A are inappropriate (It shall not matter whether or not the reason was disclosed from this Credit Card Company)
(Conservation Measures for Communication Content, etc.)
Article 35.
In the case of transmitting and receiving data through the communication line with respect to the performance of this Service Agreement, Party B shall provide reasonable maintenance measures such as encryption required by this Credit Card Company for the subject data and in the case of request from this Credit Card Company concerning improvement related to preservation measures, the necessary improvement shall be taken.
2. In the event that there is a risk that the preservation measures of the preceding paragraph will be broken, Party B shall promptly notify the Credit Card Company to that effect, after the preservation measures are recovered, data communication pertaining to this Service will not be carried out for credit card settlement based on this Credit Card Merchant Contract between this Credit Card Company concerned and Party A of this Service until the relevant Credit Card Company approves resumption of data transmission.
3. Party B shall not be responsible for any damage caused by Party A due to non-provision of this Service concerning credit card settlement arising from the handling under the preceding paragraph.
(Preservation and submission of information)
Article 36.
1. Party B shall preserve the data related to Party A’s credit sales acquired or created in connection with the provision of this Service for seven years from the date of acquisition or creation and upon receiving a request from the relevant Credit Card Company during the preservation, it shall promptly provide the said data to the relevant Credit Card Company.
2. In addition to the cases referred to in the preceding paragraph and Article 34, paragraph 2, upon receiving a request from this Credit Card Company, the Party B shall provide information concerning Party A or information relating to credit sales made by Party A to the relevant Credit Card Company.
(Post effect)
Article 37.
1. Even after the part related to this Service concerning credit card settlement in this Service Agreement has ended for whatever reasons, with respect to Party A’s credit sales relating to the data pertaining to the application for credit sale under Article 30, item 1 received by the system of Party B by the said date of termination, this Service Agreement shall continue validly.
2. Even after the part related to this Service regarding credit card settlement in this Service Agreement is terminated for whatever reasons, Article 32 (conclusion and compliance with this credit card merchant contract) Paragraph 3, Article 34 Paragraphs 2 and 3 (only establishment of expense borne), Article 35 (preservation measures of communication contents, etc.) 3, 36 (preservation and submission of information) as well as this Article shall be valid indefinitely.
Section2 Special Provisions on Representative Accession Service
(Scope of application)
Article 38.
The provisions of Chapter 2, Section 2 shall only apply to credit card settlement or Party A’s credit sales in the case where Party B applies for a Credit Card Merchant Contract as an agent of Party A and based on the Credit Card Merchant Contract concluded by such a method. Regarding this matter, matters not stipulated in the provisions of Chapter 2, Section 2, shall be as prescribed in the provisions of Chapter 2, Section 1. In cases where the provisions of Section 2, Section 1 and the provisions of Section 2 of Section 2 conflict with each other, the provisions of Chapter 2 Section 2 shall be taken.
(Contents of representative affiliated services etc.)
Article 39.
In chapter 1 and chapter 2, the representative affiliated service is the service related to credit card settlement, and the service specified in Article 30 is the addition of the following services of contents from No. 1 to No. 5.
(1) Based on the representative right awarded by Party A, as an agent of Party A, Party B shall make an application of a Credit Card Merchant Contract with the representative affiliated service card company selected arbitrarily by Party B, and shall receive a response to this. (Application for accession), and receive answers to this. Party A shall comply with this Regulation of the card company arbitrarily chosen by Party B.
(2) Representing Party A on behalf of claims, applications, notifications and receipts under the Credit Card Merchant Contract concluded by using the first service
(3) On behalf of Party A, this Credit Card Company (limited to representative affiliated service compliant credit card company, hereinafter the same in Chapter 2, Section 2) receive substitute payment etc. which based on this Credit Card Merchant Contract (limited to those entered into with the first service) and shall pay the remaining amount after offsetting (including the fee, etc. of the credit card company concerned and the transfer fee equivalent) by deducting the Party B’s specified service fee and transfer fee(hereinafter referred to as “credit card settlement surcharge”) pertaining to the representative affiliated service and the consumption tax equivalent amount from the amount of credit sales charge, etc. on the substitute receipt of such replacement payment etc.
(4) Refund business such as replacement payment
To make payment for refund of refundable payment etc. based on this Credit Card Merchant Contract
(5) Services specified by Party B as services incidental to or related to each of the first to fourth services
2. In Chapters 1 and 2, a representative affiliated service compliant credit card company shall be a credit card company separately designated by Party B as a credit card company that can approve the member store to use representative affiliated services for credit card settlement performed on its own.
(Use of representative affiliated service)
Article 40.
1. In the event where Party A submits this Application Form stating that Party A wishes to use the representative affiliated service to Party B, and upon receipt of this Application Form by Party B, after the date of such receipt, from Article 39, 1, Party A shall be able to use Item 1 (including the service of the same item pertaining to this item, the same shall apply in this Article)
2. Notwithstanding the provisions of the preceding paragraph, in the case that after establishment of this Service Contract, Party A has applied for the use of the representative affiliated service to Party B by a method prescribed by Party B and received a notice to approve it from Party B, Party A shall be able to use the services of Article 39, Paragraph 1, Item 1 of the representative affiliated services on or after the date on which such notice was issued.
3. In the event that the Credit Card Merchant Contract was established by the service of Article 39, paragraph 1, Item 1, with notice to Party A under section 42, paragraph 3, or promptly after such notice, Party B shall notify Party A of the start date of launch of services other than Article 39, Paragraph 1, Item 1. Party A shall be able to use the said service on or after the notified start date of said provision. However, if the date on which Party A is notified of the offering start date is the providing start date, it shall be used from the time of receiving the notification.
(Grant of authority of agency)
Article 41.
Party A, when submitting this application form in Article 40, paragraph 1 to B, shall grant Comprehensive Representative Agency on the matters listed in the following items.
(1) With the representative affiliated service compatible card company arbitrarily chosen by Party B, Party A shall comply with the applicable member store agreement etc. designated by said representative affiliated service compatible card company.
(2) a) Credit request or sales approval request, b) Sales request and c)Credit request or Cancellation request of sales approval request or sales request
(3) Receipt of replacement payment etc.
(4) Notification based on this Credit Card Merchant Contract or related to this Credit Card Company, and receipt of a request for review, etc., or notification from this Credit Card Company etc.
(5) Other matters related to performance of this Credit Card Merchant Contract
2. Party A shall not be able to withdraw all or part of the award of the comprehensive representative right referred to in the preceding paragraph during the period when the part related to the representative affiliated service of this Service Agreement continues validly. However, if a credit card merchant contract is rejected from a representative affiliated service compatible card company, unless Party A and Party B have agreed otherwise, the grant of authority of agency shall be withdrawn without any notice.
(Conclusion of merchant agreement)
Article 42.
1. When submitting this Application Form of Article 40 to Party B, regardless of the provisions of Article 32, Paragraph 1 and Paragraph 3, Party B as an agent, Party A shall apply for the conclusion of this credit card merchant contract with the representative affiliated service compatible card company selected arbitrarily by Party B depending on the contents of the designated member store agreement etc. of the such representative affiliated service compatible card company separately provided from Party B in accordance with the procedure specified by this Service Agreement.
2. In the case referred to in the preceding paragraph, In order to make the application under the same paragraph, Party A shall promptly provide Party B of the Application Form, materials, information, etc. designated by Party B. Upon receipt of the said Application Form, Party B shall submit these to the representative affiliated service compatible card company of the same paragraph so as to apply for concluding this Credit Card Merchant Contract on behalf of Party A. Party A shall provide such materials, information etc. with accurate and up-to-date contents and shall not provide materials, information, etc. contrary to facts.
3. Upon receiving notice of approval or rejection of the application under the same paragraph from the representative affiliated service compatible card company set forth in the preceding paragraph, Party A promptly notifies Party B of the contents of the notice. Party B shall not be obligated to disclose to the Party A such information regarding said acceptance or rejection in addition to the contents of the notice and the reasons for disapproval in the event that the representative affiliated service compatible card company did not accept the said application.
4. The credit card merchant contract pertaining to the application under paragraph 2 shall come into effect on the day when the notice of acceptance of the application from the representative affiliated service compatible card company in the same paragraph reaches Party B. The details of this Credit Card Merchant Contract are subject to the provisions of the member shop agreement etc. in paragraph 1.
5. In the event that this Credit Card Merchant Contract pertaining to the application under paragraph 2 is concluded, Party A shall maintain this relevant Credit Card Merchant Contract etc. during compliance with the credit card settlement service and comply with it.
(Payment of credit card settlement delivery fee)
Article 43.
1. Party B shall pay the payment of credit card settlement payment to Party A by transferring it to the account of Party A listed in this Application Form. The due date of payment is as described in this Application Form. However, if the payment deadline date stated in this Application Form falls on a holiday of a financial institution, the payment due date shall be the financial institution business day immediately after that.
2. Party A shall be able to offset the monetary obligations of Party A to Party B other than the deductible expenses and the payment obligations set forth in the preceding paragraph with respect to Party B to Party A in amounts equal to each other without any notification and shall not require the transfer pursuant to the preceding paragraph to the extent that such offset is made.
3. Party B shall notify Party A in advance or afterwards detailed information on offsetting by deduction of Article 39, paragraph 1, item 3, and offset under the preceding paragraph.
4. Party B, , if it is judged that there is a possibility that a repayment obligation under paragraph 2 or paragraph 4 of said paragraph will occur based on reasonable grounds such as notification of intention to release or notification that repurchase request is being considered from this Credit Card Company under Article 44, paragraph 1, shall not be held liable for any damages suffered by Party A by such reservation in the case of transferring the credit card settlement money to Party A by notifying Party A in advance, and it is not necessary to add interest on the reservation period.
5. In the event that the credit card settlement money due to suspension or release measures under Article 23, paragraph 3 is suspended, Party A shall comply with this Credit Card Company Terms of Service.
(Refund of credit card settlement money)
Article 44.
Party, upon receiving from this Credit Card Company an intention to release the agreement on advance payment for specific credit sales of Party A or a request for repurchase of a claim pertaining to such credit sales etc. shall immediately notify Party A to the effect.
2. In the case where Party A has already received payment of credit card settlement money for credit sales pertaining to cancellation or repurchase set forth in the preceding paragraph, Party A shall return it to Party B immediately after receiving the notice under the same paragraph.
3. In the event that payment has not yet been made from Party B to Party A for the credit card settlement money for credit sales pertaining to the cancellation or repurchase under paragraph 1, Party B shall be relieved of such payment.
4. Even in the case where the cancellation or repurchase in paragraph 1 has been made, Party A shall bear the system usage fee and the fee pertaining to the representative affiliated service pertaining to the services of Article 30, item 1 or 2 already provided by Party B for credit sales related to said cancellation or repurchase and Party B shall not be obliged to return the system usage fee that has been received or offset, and the fee related to the representative affiliated service to Party A.
5. Paragraphs 1 to 4 shall apply mutatis mutandis to refund accompanying cancellation of sales requests.
(Special provision on suspension of provision)
Article 45.
In the event that any event falls under any of the following items, Party B shall be able to suspend the provision of all or part of the representative affiliated services to Party A after notifying Party A in advance.
(1) In the case that Party B acknowledges with reasonable ground that Party A has violated this Credit Card Merchant Contract etc.
(2) In the case where this credit card member refuses or likely to refuse to pay the credit card usage fee to this Credit Card Company due to the defects such as miscellaneous, differences in quantity, defects in quality, etc. on the product for which Party A was subject to credit sales, and incompletion of delivery or provision of such goods etc., this credit card company Is subject to refusal or refusal to pay the credit card usage fee from the credit card member.
(3) When Party A is refused payment for refund payment etc. from this Credit Card Company or receives a request for refund.
2. Article 13 paragraph 3 shall apply mutatis mutandis to suspension of provision set forth in the preceding paragraph.
3. Paragraph 1 shall not preclude the suspension of the provision of representative affiliated services under Article 13.
4. In the event that the contract between the card company whose member store agreement has established based on Article 39, paragraph 1 and Party B is suspended or canceled, the provision of the service shall be suspended.
Appendix
This Agreement applies to this Application Form to be submitted to Party B on and after the 1st of April, 2012.
