Article 1: Scope of Application
These terms and conditions of service shall apply in the case that a person (either individual or corporate) hereinafter the “customer”, agrees to a contract for temporary use of a mobile wifi data transmission device with Fast Train Limited, a Hong Kong registered company (hereafter the “Company”).
Article 2: Delivery of equipment
The customer will receive the WiFi Equipment from the Company, or one of our other designated companies, by any of the following methods.
- Via delivery service or mail to the customer’s address (not applicable outside Japan) as designated by the customer;
- Via pick-up at a delivery counter in an airport as predetermined by the Company or one of our other designated partner companies;
- Via pick-up at a place of business or branch office of the Company or one of our affiliates or partners;
In the event that it is impossible to deliver the WiFi Equipment by the scheduled delivery date as set forth in the sign-up form, and for reasons not ascribable to the Company, such as an act of God such as bad weather, an accident or delay in transit, or any other reason prohibiting the customer from receiving the WiFi Equipment by the scheduled delivery date, the Company will not be held accountable for the nondelivery.
Article 3: Cancellation of agreement
This service can be canceled by paying the applicable fee for cancellation. The cancellation fee is detailed in Article 6 (Way of Notification).
Article 4: Return of WiFi Equipment
The customer will return any and all WiFi Equipment to the Company after the expiration of the Service and by any of the returning methods designated at the time of signing up.
The customer will send the WiFi Equipment via delivery service or mail, or otherwise drop the WiFi Equipment off at the address designated by the Company, by the return date as defined in Article 7.
In the event that the customer selected to return the WiFi Equipment via delivery service or mail, an invoice (eg. prepaid delivery envelope) designated by the Company should be used. If anything other than such a designated invoice is used or if Cash on Delivery is required for the returned WiFi Equipment, the Company will separately charge an additional fee.
With the extension of the service as prescribed in Paragraphs 2 and 3 of Article 7, each extension fee as separately defined by the Company will accrue and be added to the bill.
Article 5: Usage Fees
The usage fees for the Service will be calculated according to the rates listed on our website and brochures for the service period as prescribed in Article 7, and such rates and fees will be explained in the sign-up procedure.
During the Service period, the usage fees will accrue regardless of the occurrence of any actual data transmission.
In the event that established data transmissions exceed that which has been prescribed in Article 22, we may separately charge an additional fee as set forth in the rate table.
If the Company finds that any business entity considered to be our sector peer has been used, we will calculate usage fees at a metered rate based on transmission volume, and this will be charged to the customer.
In the event that the Company cannot confirm your payment by such a due date as designated by the Company, we may charge extension interest at 14.5% per year.
Rates are subject to change without notice.
Article 6: Billing & Payment Methods
Payment of usage fees for the service may be made by credit card or by such methods as designated by the Company.
When paying the fees for the Service, all terms and conditions as prescribed by the chosen financial institution must be observed.
Depending on the details of the customer’s request for the Service (areas of usage, Service period, and quantity of WiFi Equipment), the Company may request a deposit or that the customer provide personal credit line information.
In the event that the term of the Agreement exceeds one month, it may be requested that payment be made each month.
In the event that payment of the usage fees for the Service is found to be overdue, the Company may provide the customer with a notice or communication by any of the methods as designated by the Company, including, but not limited to, writing, e-mail, telephone or visit to the customer (hereinafter referred to as the “Notice of Outstanding Balance”).
The Company may entrust any third party with claiming overdue usage fees, as well as extension fees, and with collecting any claims from the customer based on the Terms of Service.
In the event that the Company or any of our affiliates visits the customer in order to collect and receive any claims, the customer will pay the costs for such a visit by the Company or the affiliate.
Article 7: Termination of the Agreement
The Company may immediately terminate the Agreement if it finds applicable any of the following reasons:
1. The customer fails or seems likely to fail to pay any debt hereunder;
The customer uses the Service unlawfully or in any form that offends public order and morals;
2. The customer uses the Service in any form under which such use may impair use by any other persons who directly or indirectly use the Service provided by the Company;
3. The customer breaches any obligations as prescribed in the Terms and Conditions;
4. The customer files a petition for bankruptcy, corporate reorganization, liquidation or civil rehabilitation;
5. The customer is found to belong to an organized crime group, is a member of such a group or any other equivalent antisocial force, or has connections with any of these groups; or
6. The Company otherwise determines that there is any unavoidable reason for the Company to terminate the Agreement.
When the Company terminates the use of the Service according to the previous paragraph, the Company will provide the customer with a prior notice of reasons for and the date of termination of the Service, using any of the methods as prescribed in Article 6 (Methods of Notification). However, if the Company determines it to be an emergency or otherwise unavoidable, the Company may not provide the customer with any notice.
In the event that the Service is terminated according to the previous paragraphs 1 and 2, the customer will be held accountable for any losses or liabilities incurred by the Company.
Article 8: Management of WiFi Equipment
The customer will carefully maintain and manage the WiFi Equipment and will not conduct any of the following during usage:
Transfer, resale, back-engineering, modification, alteration, damage, destruction, loss, extreme defacement (attaching stickers, shaving or cutting off, coloring, etc.), and peeling off any of the affixed stickers;
Unauthorized use outside of the Agreement;
Any and all acts applicable to prohibited matters as set forth in the Instruction Manual for WiFi Equipment; or
Any and all acts that violate the Telecommunications Business Act, Mobile Phone Improper Use Prevention Act, and other applicable laws and regulations;
In the event that the Company determines any conduct by the customer as being applicable to any of the acts listed in the previous paragraph 1, the Company may advise the customer to cease such conduct, and the customer will follow such a recommendation.
In the event that the Company determines any conduct by the customer as being applicable to any of the acts listed in the previous paragraph 1, the Company may require the customer to return the WiFi Equipment to the Company, and the Signer will follow any such request.
In the event that the Company determines any conduct by the customer as being applicable to any of the acts listed in the previous paragraph 1, the Company may claim damages and the Signer will be obliged to pay or compensate for such damages.
Article 9: Loss & Damage of WiFi Equipment
The customer will carefully maintain and manage the WiFi Equipment following the instructions for use of the WiFi Equipment as provided by the Company.
If any WiFi Equipment is lost, damaged or stolen, the customer will immediately report it to the Company. If any WiFi Equipment is lost or stolen for any reason whatsoever, the Signer will pay any transmission fees arising from unauthorized use.
In the event of the previous paragraph 2, the customer will pay the settlement separately as defined by the Company under costs for repair or re-purchase of WiFi Equipment.
In the event of the previous paragraph 2, any NOC (Non Operation Charge = compensation for loss of earnings) will be charged as an additional cost.