World Link Terms and Conditions

Chapter 1. Introduction

Section 1. Scope

These World Link Terms and Conditions (“Terms and Conditions”) apply to the World Link Service (“Service”) provided by Telecom Square, Inc. (“Telecom Square,” “Company,” “our,” and “us”) regarding its telecommunications services and related items, and any other necessary items.

Section 2. Definitions

1. For the purpose of these Terms and Conditions, the following terms have the following meanings, respectively:

(a) “World Link” means the domestic and international voice call service using telecommunications systems.
(b) “Customer” means the person, firm, corporation or other entity which agrees these Terms and Conditions, makes user registration, and is accepted by Telecom Square.
(c) “Our Website” means the entire collection of web pages stored in the online web server (http://www.worldlinkjapan.com/) which are created and published by Telecom Square.
(d) “Cross Connection Point” means a connecting point of telecommunication lines between Telecom Square and our associated telecommunication carriers.

2. The terms used in these Terms and Conditions are defined by the related law and our internal instructions except for ones which are defined in Paragraph 1.

Chapter 2. Types of Telecommunication Service

Section 3. Provided Service

Telecom Square provides the Service in virtue of these Terms and Conditions.

Section 4. Coverage of the Service

1. The Service coverage is defined from a Cross Connection Point to a domestic or international destination listed on our price list.

2. The locations of Points of Interface may change according to the Cross Connection Agreement.

Section 5. Change of the Service

Telecom Square reserves the right to add new features to the Service. Telecom Square also reserves the right to make additional variations of the Service.

Chapter 3. Service Provision

Subchapter 1. Application

Section 6. Application of Service

1. You may place an order for the service by Our Website, postal mail, e-mail, telephone, and fax. Your agreement with Telecom Square starts when we accept your order.

2. Telecom Square may not accept your service application in the following cases:

(a) You hold true with the items in Section 19 or you are under suspicion of such items.
(b) Your designated credit card company does not approve the settlement.
(c) Telecom Square faces technical or operational difficulties upon your application.

Section 7. Notification

When changes are made to your user information (mailing address, phone number, e-mail address, registered credit card number and its expiration date) after the Service contract is concluded, you are required to update the information on Our Website promptly.

Subchapter 2. Service

Section 8. Start of the Service

This Service becomes available as soon as the registration of your phone number is completed.

Section 9. Limitation of Service due to Natural Disasters

Telecom Square may limit or suspend the Service due to any circumstances or possibilities of such that we cannot reasonably be expected to control including, but not limited to, Acts of God, inclement weather, and other emergency cases to prevent above circumstances, or to ensure rescue, transportation, telecommunication, or electric supply. Telecom Square may also limit or suspend the Service in such circumstances to preferentially handle emergency automatic calls to maintain social order or public benefit.

Section 10. Limitation of Service due to Contract terms of Telecom Square or our affiliates

1. You may experience service unavailability in case the usage of telecommunication lines are limited as specified in contract terms of Telecom Square or our affiliate telecommunication operators.

2. Your use of the Service may be restricted under foreign laws and ordinances.

Section 11. Use of the Service

The use of the Service is stated in these Terms and Conditions and Our Website.

Subchapter 3. Rates, Charges, and Payment Terms

Section 12. Pricing

The amount of payment is determined subject to our table of charges separately set.

Section 13. Counting of Usage Duration

1. Billable time for switched telecommunications service is the duration of time between the called station answering and the called or calling station disconnecting.

2. In the event of service unavailability due to network trouble or any circumstance not caused by the Customer, the duration of time in which the Service becomes temporarily unavailable is considered billable.

3. The call is considered initiated if an automatic answering machine, computer, or facsimile is installed at the called station terminal and if the terminal device answers the call.

Section 14. Billing and Payment

1. Telecom Square calculates the amount of billing at the end of the month.

2. Telecom Square bills the amount calculated as the previous clause on the basis of the designated credit card terms. The Customer makes payment also on the basis of the credit card terms.

3. The amount of bill shall be paid in full unless the change or cancellation of the Service is accepted.

Section 15. Late Payment Charge

A late payment charge will be applied to any disputed portion of the unpaid balance that is resolved against the customer from the following day of the due date to the date of payment completion. The late payment charge is equal to 14.6% per year.

Section 16. Suspension of the Service

1. Telecom Square reserves the right to suspend the Service for a specific period of time if :

(a) the Customer fails to make payment by the due date;
(b) the Customer infringe the provisions in Section 19.

2. According to the previous article Telecom Square will notify the Customer upon suspension of the service, in advance, of its reason, date, and period. However in case where standard means of notification is not available, we will regard that it has been notified.

Chapter 4. Responsibility of the Parties

Subchapter 1. Responsibility of the Company

Section 17. Responsibility of the Company

1. Telecom Square is responsible for continuous and stable provision of the Service. In case of telecommunication facility failure, Telecom Square shall put every effort in restoration to avoid service trouble.

2. In case Telecom Square cannot restore all the telecommunication facility failures, we will restore facilities and equipments according to the order of precedence stated in Section 9.

Section 18. Customer Data Privacy

1. The Customer acknowledges that Telecom Square, by virtue of the provision of service, comes into possession of information and data regarding Customer. This information and data ("Customer Data") shall include, but not be limited to, data transmissions (including the originating and destination numbers and IP addresses, date, time and duration of voice or data transmissions, and other data necessary for the establishment, billing or maintenance of the transmission), data containing personal and/or private information of Customer, and other data provided to or obtained by the Company in connection with the provision of service.

2. The Customer acknowledges and agrees that Telecom Square may use, process and/or transfer Customer Data (including intra-group transfers and transfers to entities in countries that do not provide statutory protections for personal information) to the Company’s affiliates in order the Customer to get a better products and services of the Company and its affiliates.

3. The Customer may access and change his/her personal information possessed by Telecom Square at will.

4. The Customer acknowledges that Telecom Square may acquire subscriber information from any domestic telecommunication carrier for the purpose of billing and reconciliation. However, if the Customer provides the subscriber information, the Company will use the information provided by the Customer.

5. In accordance with Section 4, the Customer is considered as he/she has agreed the provision and usage of the subscriber information between Telecom Square and other domestic telecommunication carriers.

Subchapter 2. Responsibility of the Customer

Section 19. Prohibited Use of the Service

The Customer is not allowed to use the Service in any manner that;

(a) interpolates the Service usage information;
(b) delivers software viruses, worms, time bombs, corrupted files, Trojan horses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, overburden, impair or limit the functioning of any software, hardware, network, server or communications systems or equipment;
(c) infringes someone else's patent, trademark, trade secret, copyright or other intellectual property or other rights;
(d) uses the Service to post, upload or otherwise transmit messages, information or pictures that are threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
(e) harasses, stalks, threatens, impersonates or otherwise violates the rights of others including rights of privacy;
(f) uses the Service to post, upload or otherwise transmit messages, or information that is contrary to fact or meaningless;
(g) uses the Service to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
(h) publishes, publicly performs or displays, or distributes to any third party any confidential information regarding the Service and Telecom Square;
(i) disrupts, interferes or inhibits any other user from enjoying the Service;
(j) is otherwise relevant or similar to conducts stated in previous paragraphs.

Chapter 5. Disclaimer of Warranties and Limitation of Liability

Section 20. Limitation of Liability

The liability of the Company in tort for willful misconduct, if established as a result of judicial or administrative proceedings, is not limited by these Terms and Conditions. Except as noted in the preceding sentence, the Company’s liability, if any, is limited to an amount equal to the difference between our pricing and the actual cost paid by the Customer if the Customer alternatively uses another telecommunication service in the case of Service disruption. The limitations in this sub-section apply, without limitation, to any claim or suit, by a Customer for damages associated with the provision of any Service (including component features, options or facilities) offered under these Terms and Conditions, including without limitation from mistakes, omissions, interruptions, delays, errors or defects of any kind.

Chapter 6. Termination

Section 21. Customer Account Cancellation

1. Telecom Square may discontinue the furnishing of any and/or all service(s), or cancel a Customer’s service or Customer accounts, without incurring any liability immediately, and without notice, if:

(a) the Customer has provided false information regarding the Customer's identity, address, credit-worthiness;
(b) the Customer misuses the user ID and password or the Customer lets a third party use the Customer’s user ID and password;
(c) the Customer fails to comply with a request by the Company for security for the payment of service;
(d) Telecom Square is unable to reach the Customer by telephone, facsimile, e-mail, or any possible means of communication;
(e) the Customer infringes the items noted in these Terms and Conditions;
(d) the Company judges the Customer to be inappropriate.

2. Telecom Square will give a written notice to the Customer’s registered mailing address. If the Customer is unreachable by standard means of communication we will consider that it has been noticed in a timely manner.

3. Discontinuance or cancellation of service by the Company will not relieve the Customer of any obligation to pay for service previously furnished to the Customer or for any termination or other charges. Upon the Company's discontinuance or cancellation of service to the Customer, all applicable charges, including termination charges, become due. The remedies set forth above are in addition to all other remedies that may be available to the Company at law or in equity or under any other provision of these Terms and Conditions.

Section 22. Service Suspension

The Service is offered and furnished subject to the availability of facilities and authority required to provide it. In particular and without limitation, the Company may stop providing a service or product without liability if:

(a) a material portion of the facilities used to provide Service is rendered unavailable by condemnation or casualty;
(b) we need to investigate or prevent a potential breach of these Terms and Conditions;
(c) or we are unable to provide the Service due to governmental instruction, order, or court proceedings.

Section 23. Service Discontinuation

1. Telecom Square may withdraw all or a part of the Service generally, at any time for technical, commercial, public interest or operational reasons.

2. Service is being permanently withdrawn by Telecom Square, this will be advertised on Our Website with as much notice as reasonably possible one (1) month prior to the withdrawal of the Service.

Chapter 7. Other Provisions

Section 24. Assignment

The Customer undertakes not to assign, re-sell or in any other way transfer the Customer’s rights or obligations under these Terms and Conditions.

Section 25. Compliance with Laws

The Customer and the Company shall comply with all applicable laws, ordinances, regulations and codes in its performance under a service agreement, including without limitation the export, import, and customs of Japan or any country in which the Customer receives equipment, software or services.

Section 26. Non-explicit Provisions

Items not explicitly mentioned in these Terms and Conditions will comply with telecommunications laws and business customs of Japan.

Section 27. Changes to the Terms and Conditions

The Company may modify the Terms and Conditions and table of charges from time to time and bind the Customer to the changes made upon their posting on the Company’s Website.

Section 28. Dispute Resolution

Any controversy, claim, or dispute arising out of or relating to a service agreement between the Company and the Customer, except for claims relating to indemnity, infringement, or confidentiality obligations or matters relating to injunctions or other equitable relief shall be sincerely negotiated between the Company and the Customer.

Section 29. Governing Law

1. In the event of litigation between Telecom Square and the Customer, Tokyo District Court is to be the exclusive agreement jurisdictional court.

2. A contract for service between the Company and the Customer will be governed by the laws of Japan, without regard to its choice of law principles.

Supplementary Provision

These Terms and Conditions are effective as of August 1, 2009.