1. Applicability

This Agreement applies to the applicant (hereinafter referred to as “the Applicant”) of data communication service and accessories (hereinafter collectively referred to as “Communication Equipment") provided by JAL ABC, Inc (hereinafter referred to as “the Company”).

2. Establishment of this Agreement

• 1. This Agreement will come into effect when the Applicant enters the required items on the application form with the method specified by the Company and the Company indicates acceptance of the application.
• 2. Notwithstanding the above, applications may not be accepted or services contained in applications may not be provided due to lack of stock.
• 3. Applications may not be accepted in the event Applicant’s payment of fees pursuant to this Agreement is unable to be confirmed or it is deemed the application will impede the operation of the Company’s business.

3. The number of loaned Communication Equipment and loan and return location of Communication Equipment

• 1.　1. The number of loaned Communication Equipment shall be 1 per the Applicant. The number of thereof for corporate bodies shall be determined separately by an agreement.
• 2. The loan and return of Communication Equipment shall take place at the designated location (including courier services).

4. Rental period

• 1. The rental period shall commence from the day the Communication Equipment is loaned to the Applicant until the date the Communication Equipment is returned. For courier services, the rental period shall commence from the day the Communication Equipment is received by the Applicant until the date the Communication Equipment is sent by the Applicant.
• 2. As a general rule, the rental period specified in the application form can not be changed. In the event the date of returning Communication Equipment is earlier than the specified date or the date of loaning Communication Equipment is later than the date specified in the application form for reasons attributable to the Applicant, the Company will not provide any refunds.
• 3. Section 2 in this Article shall not apply when we receive prior notification of a reduction or extension of the rental period.
• 4. The rental period shall not continue no longer than 30 days from the day of the loan.

5. Extension of rental period

• 1. In the event the Applicant extends the rental period, the Applicant shall inform the Company before the end of the rental period specified in the application form and secure consent of the Company. However, the period can be extended only once. The extended period shall be within the rental period specified by Article 4 and shall be limited to a case where the extended period can be made payment with the process specified by the Company.
• 2. In the event the Communication Equipment is not returned after the expiry of the rental period and notification has not been received, the Company may suspend the use of the lines for Communication Equipment on the day following the return date. Once use is suspended, the Communication Equipment will be rendered unable to be used.
• 3. In the event Communication Equipment is not returned by the return date, the Applicant will be charged fees for Communication Equipment specified by the Company.

6. Cancellation of Application

• In the event that the Applicant cancels the application specified in Section 2, the Applicant shall immediately notify the Company. Furthermore, in the event the application is cancelled 3 days (or previous business day in the event of the Company’s holiday) prior to the date of issue (date of receipt) or later (including courier services), the Applicant will incur the Company’s designated cancellation fee.

7. Fees and Charges

• The Applicant will be charged the Company’s specified rental fee for using this service. Rental Fee Rental fees shall be charged in accordance with the fee specified by the Company.

8. Method of Payment

• 1. As a general rule, rental fees incurred by using this service shall be paid at the time of loan of Communication Equipment (for courier services, at the date of shipment from the Company) by the credit card specified on the Application Agreement in accordance with the regulations of the credit card company.
• 2. In the event the credit card designated in the Application Agreement is not accepted by the credit card company for reasons attributable to the Applicant, payment shall be made by another valid credit card or cash. * As a general rule, calculations will only be made once. However, this may not apply to late return fees.

9. Fee modification

• The rental fees for this service are subject to change without notice. This is applicable to the fees specified in the Application Agreement agreed at the time of application.

10. Management, loss and irreversible damage to Communication Equipment

• 1. The Applicant shall have a duty to appropriately manage and store Communication Equipment and accessories in accordance with the method of use specified by the Company.
• 2. The Applicant shall immediately contact the Company in the event Communication Equipment or accessories are lost, irreversibly damaged or stolen during the rental period.
• 3. In the event of the above, the Applicant shall be liable to pay fees specified by the Company.

11. Prohibitions

• 1. The Applicant must not attach unapproved objects, make alterations or change the functions of Communication Equipment.
• 2. The Applicant must not infringe the Company’s rights in Communication Equipment by engaging in acts such as assigning rights retained by the Company to any third parties, using the Communication Equipment as a security or sub leasing Communication Equipment.

12. Limitations of use

• 1. Communication Equipment shall only be used in regions that provide communication services in the format specified by the Company.
• 2. The use of Communication Equipment is subject to the following condition. The Company will not be liable in any manner whatsoever in the event the Applicant suffers damage by way of any of the following.
• Ⅰ The interception of in-coming or out-going calls on Communication Equipment.
• Ⅱ Unavailability of service in locations outside transmission range within regions where services are available or of services that are unavailable due to circumstances of the local telecommunication companies.
• Ⅲ Malfunction of Communication Equipment even if the Applicant has acted with due care.

13. Termination

• 1. The Company may immediately terminate this Agreement without notice and suspend the line of the Communication Equipment if:
• Ⅰ the Applicant is deemed to have entered false information on the application form
• Ⅱ the Applicant commits a substantial breach of trust
• Ⅲ the Applicant breaches any of this Agreement
• Ⅳ The Applicant is deemed to have used Communication Equipment in an inappropriate manner for purposes contrary to public morals.
• 2. In the event this Agreement is terminated pursuant to the previous subsection, the Applicant shall immediately return Communication Equipment and bear expenses for any loss incurred by the termination.

14. Alterations

• This Agreement is subject to change without notice.

15. Indemnity

• Regardless of the reason, the Applicant unconditionally accepts that the Company will not be liable for any accidents or loss sustained by the Applicant or third party due to the Applicant being unable to use Communication Equipment for its original purpose.

16. Identity and record saving

• The user identity shall be confirmed with a public identification, recorded and saved for loaning Communication Equipment.

17. Jurisdiction

• The Applicant agrees that the Tokyo District Court shall have jurisdiction over any dispute that may arise between the parties in regard to this Agreement.