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Aggreement

					
TechnoSMS Basic ASP Service - Terms of Use


Chapter 1: General Rules


Article 1. Scope

This Terms of Use ("The Agreement") for the ASP service ("The Service") provided by Technopian Corporation ("The Company")
designates the rules of usage and the customer must approve these rules before using the Service.


Article 2. Definitions
Below are the definitions for the Agreement.

The Service: The ASP service provided by the Company of which details are given in Appendix A.
The User: A contractor registered to use the Service.
The System: The system used by the Company to provide the ASP services online.
The User ID: The email address provided by the User which unuiqely designates the User's identity.
The Password: Used along with the User ID to login to the system and use the Service.



Article 3. Notice to the Customer
 
Notification to the customer is done through home page of the Company or sending email the User ID.


When the email is sent to the User or the information is revealed within the home page of the Company, the User is officially notified.


Article 4. Changes to the Agreement
 
The Company will indicate all and any changes to the Agreement on the Company Web Site.

The Company bears the right of changing the Agreement.

Article 5. Transfer of Rights
The User cannot transfer her/his usage rights to a third person without the consent of the Company.
 

Article 6. Legal Jurisdiction

Tokyo Regional Court has legal jurisdiction over disputes.


Article 7. Applicable Laws

This system is usable in any country. However, Japan laws are applicable in case of any dispute.


2. If there is any different parts in the Agreement from the Japanese version, the Japanese version will have the priority.



Article 8. Further Negotiation

For the disputes which are not mentioned in this Agreement, the agreement will be obtained by the negotiation 
of the Company and the User according to the general principles of the Agreement.


Chapter 2: Contracting Rules

 
Article 9. Service Agreement
The User can apply to the Service via the Company home page using a registration form.


2. The User must provide accurate data during registration.


3. The Company bears the right to refuse the Service to the User in the following conditions:

  (1) Service fee is not provided by the User.

  (2) There registration data is not correct and/or accurate.

  (3) Any other conditions regarded appropriate by the Company.


Article 10. User Definition

For any third party using the Service in behalf of the User, same rules in this Agreement will be applied.


Article 11. Change on Registration Information

The User is to inform the Company about any changes in her/his registration information. 


Article 12. Temporary Pause of the Service

The Company can temporarily stop the Service without any prior notification in the below conditions.

  (1) A break-down in the System

  (2) Inevitable technical conditions 

  (3) Natural disasters like earthquake where providing the Service becomes quite difficult


2. The Service can be suspended temporarily for maintenance with a prior notice to the Users.


3. In case of conditions stated in Article 14 (Termination of the Service for the User) or the User 
fails to complete her/his payments, the Service can be stopped for that User temporarily or completely.


4. The Company does not bear any costs related to temporary pause of service to the User or any third party.

Article 13. Usage Period

The usage time of the Service is designated in the Appendix A. If no notice is given 30 days
before the termination time of the Service, the Agreement is extended for one year automatically.

Article 14. Termination of the Service for the User

The Company has the right of termination of the Service for the User in below conditions:

  (1) False information is given in the registration

  (2) Lack of payment or inability to perform payment

  (3) Any payment problems in the User side generally

  (4) Bankruptcy of the User

  (5) Violation of any rules in this Agreement


2. The User is to perform any overdue payments occurred before the termination within a time period designated by the Company.


Article 15. Termination of the Service

The Company can terminate the Service in the below conditions:

  (1) With a 90 day prior notification

  (2) Any extraordinary conditions like natural disaster etc.


Article 16. Termination Process

Unless stated otherwise in any of the additional contract materials, no data is handed to the User after the termination.



Chapter 3: Service


Article 17. Service Content

The detailed content of the Service is given in Appendix A.


2. The User consents to use the Service in the quality level described in this Agreement, 
especially including the conditions in Article 30 (Actions for Violation of the Agreement). 


3. The User cannot claim any direct or indirect costs due to the Service from the Company.


Article 18. Usage Area

The Service can be utilized in any area.


Article 19. Support

The detailed content of the Support for the Service is given in Appendix A.


Article 20. Outsourcing

If the Company chooses to outsource the Service to a third party, the rules at Article 33
(Non-Disclosure Policy) and Article 34 (Privacy Policy) will be retained as valid.



Chapter 4. Usage Fees


Article 21. Usage Fee of the Service

The detailed content of the usage fees for the Service is given in Appendix B.


Article 22. Payment Responsibility

If the usage fees are not paid by the User, the Company has the right to stop or terminate the Service.


2. If the Service is not available for the User for more than 24 hours, payment responsibility does not apply for the non-available period.


Article 23. Payment Method

Usage fees are to be paid according to rules designated in Appendix B and home page of the Company.


2. Any commission fees due the payment methods are to be borne by the User




Chapter 5: Responsibilities of the User


Article 24. Basic Responsibility of the User

The User has the responsibility due to the acts she/he performs while using the Service, including any claims from the other parties.


2. The User is responsible from the contents she/he puts into the Service


3. Any damage caused by the usage or content provided by the User to the Company is also within the responsibilities of the User.


Article 25. The User's System for the Service

The User is responsible to provide the hardware and software to use the Service.


2. The User provides the necessary communication equipment and internet connection to use the Service.


Article 26. User ID and Password 

The User uses the User ID and Password to access and use the Service.


2. If the User ID and Password is conveyed to a third party by the User, the User is responsible from all the actions of the third party.


Article 27. Backups

The User is responsible from backing up his own data periodically. 


2. Recovering data from old backups by the Company is due to extra fees.


Article 28. Prohibited Actions

Below actions are prohibited while using the Service.


  (1) Not complying the copyright rules

  (2) Giving false information about the Service to other parties

  (3) Conveying the usage right to third party users

  (4) Not obeying regulations and laws

  (5) Defamation of third parties

  (6) Fraudulent behavior

  (7) Pornographic contents and child abuse

  (8) Invalid-chain marketing

  (9) Identity fraud

  (10) Disseminating virus programs

  (11) Sending abuse emails to third parties

  (12) Trying to hinder of the Service by other Users

  (13) Inappropriate links


2. If the User commits any of the prohibited actions, she/he must immediately inform the Company.


3. If the User commits any of the prohibited actions, the Company has the right to suspend the Service immediately.

Article 29. Compliance Rules

The Company uses the Agreement to provide the Service to the User.


2. The User confirms the rules in the Agreement before using the Service. 


3. When the usage period finishes, the Agreement is also terminated.


4. The User provides personal information to the Company for registration and usage of the Service. As stated in Article 20 (Outsourcing) 
the Company can provide this information to an outsourcing company, however Privacy Policy applies in the same way.


5. The User cannot claim any damages from the Company.


Article 30. Actions for Violation of the Agreement

When the User violates the Agreement stated in the previous article, she/he immediately stops the violating act.


2. If the User does not stop the violating act in seven days, the Company can stop the Service partly or completely for the User.



Chapter 6. Responsibilities of the Company

Article 31. Quality of Service

The Company does its best to maintain ordinary level quality of service with exception stated in the Agreement.


Article 32. The System of the Service and Faults

If any faults occur in the System, the Company informs the Users without delay about the fault.


2. If any faults occur in the System, the Company immediately takes actions to fix the fault.


3. If any faults occur in the Internet connection providing the Service, the Company immediately 
contacts the Internet company and requests immediate action.


4. If any other faults occur in the System, the Company informs the Users and takes immediate action to fix the fault.



Chapter 7. Handling of Private Information


Article 33. Non-Disclosure Policy

Any technical or marketing information of the User is not to be conveyed to the third parties by the Company.
However, the followings are not considered as private information:


  (1) General information not in the scope of the private information

  (2) Information obtained from third parties

  (3) Information developed by the Company

  (4) Information publicly available even obtainable before the Agreement

  (5) Information not designated as private information


2. The detailed content of the private information  is given in Appendix A.


3. If the Service is outsourced to a third party, the Company is not responsible from any violation of this policy.


4. The non-disclosure policy is valid one more year after the termination of the Service.


Article 34. Privacy Policy

Details of the Privacy Policy is given on the home page of the Company.


2. If the Service is outsourced to a third party, the Company is not responsible from any violation of this policy.


3. The Privacy Policy continues to be valid after the termination of the Service.



Article 35. Compensation

The Company has the responsibility for the compensation when the Company violates any laws or rules in the
Agreement. The amount of compensation is limited with the below conditions:


  (1) More than one year is passed after the initial agreement; average one-month usage fee within last year

  (2) Less than one year is passed after the initial agreement; average one-month usage fee after the agreement

  (3) Less than one month  is passed after the initial agreement; 30 times of average daily usage fee after the agreement


2. For the cases not stated in the Agreement, the Company is not responsible for any compensation.



Article 36. Disclaimer

For the cases stated below, the Company is not responsible for any compensation:


  (1) Force majeure like natural disasters, earthquake, rioting etc.

  (2) Internet connection problems in the System or User side

  (3) Internet speed problems in the System or User side

  (4) Any computer virus not handled by virus program

  (5) Despite all technical provisions, any outside attack occurred by hackers

  (6) Any faults occurring beyond the scope of security measures stated in the Agreement

  (7) Fault in the system and software programs which are provided by third party IT companies and utilized for the Service by the Company

  (8) Any hardware faults by third party equipment

  (9) Faults due to Internet connection provider

  (10) Orders by legal institutions

  (11) Any damage in the delivery materials due to third parties

  (12) Fault by the third party outsourcing agent

  (13) Other faults which are not directly related to the Company



Article 37. Service Level

The Company gives utmost effort to maintain the service level stated in Appendix A.


2. The Company maintains the service level continuously.


3. The service level indicated here is a target and the Company is not due to compensation when the service level goes below the target.


4. The service level cannot be the reason for any exemption from the rules in the Agreement.


5. The User can opt out from the Agreement within 3 days after the service level goes below the target in the following condition:


  (1) The User cannot use the service at all for more than 30 minutes 4 times in a month.




Appendix A. Detailed Information on the Service Provided


1. Type and Definition of the Service

The basic features of the Service is introduced in the Company  
home page.


TechnoSMS Basic is ASP service where student management, course management, teacher management 
and accounting management for student fees can be handled.


2. Usage time

24hours, 7 days except maintenance times.


3. Initial Support

Initial database settings, user settings, URL setting.


2. Optional training services available with the below conditions


  (1). Content: Training for usage 

  (2). Target: The User

  (3). Duration: 4 hours

  (4). Place: indicated by the Company


4. Support

Optional support services available with the below conditions


  (1). Inquiries related to the usage of the Service

  (2). Inquiries related to the system necessary for using the Service

  (3). Problems in the User side

  (4). Updates on the Service


2. Communication is performed via email 


3. Service time: Mon-Fri from 10:00 to 17:00 Japan time excluding national holidays in Japan and yearend holiday (Dec 29th - Jan 3rd)


5. Specification of the Usage Environment

Usable computer environment:


CPU: over 800MHz (over 2GHz recommended)

Memory: over 512Mb (over 1Gb recommended)

Operating System: Windows XP, Windows Vista

Internet Browser: Internet Explorer 6 or later version

Other: Acrobat Reader 6 or later version (for reading help files)


2. Internet connection: over 10Mbps (over 100Mbps recommended)



6. Security

Below is the security level provided by the Company:


  (1). 2048 Bit SSL

  (2). SSL Certificate from Godaddy Inc.

  (3). Firewall settings in the servers

  (4). Servers are located in a data center in Tokyo with the following features:

    i. Earthquake proof (until magnitude 9)

    ii. Special equipment for fires (argon gas fire extinguishing system)

    iii. Multiple power sources

    iv. Entrance management trough ID card system

    v. 24 hours, 365 days security patrol



7. Data Management

Data backup are maintained in the following way:


Database is backed up every day in last week, every week in last month and every month in last six months and backups are stored for 6 months.


2. Handing over the data after termination of the Service is an optional service. Below are the details the hand over conditions:


  (1). Data format: csv file format

  (2). Delivery by cargo or E-mail

  (3). Period: in 14 days

  (4). Fees: indicated in Appendix B


8. Private Information

According to Article 33 the following data is defined as private information:



  (1). User information

  (2). Student information, teacher information

  (3). Email sent to the students and teacher using the Service


9> Service Level


The System will be usable 24hours, 7 days except maintenance times.


The occasions where the User cannot use the service at all for more than 30 minutes is to 3 times in a month.



Appendix B. Fees

TechnoSMS Basic Fee are indicated below:


Initial fee JPY 300,000 (including one year usage fee)


Yearly usage fee JPY 120,000 (applied each year starting from the second year)


Email support (optional) JPY 60,000 per 3months


Initial Support (optional and only applicable within Japan): JPY 40,000 for 4 hours training (excluding transportation costs)


Data Recovery (optional): JPY 30,000 per request


Yearly usage fee for one additional user (optional): JPY 36,000


Additional school branch (optional): JPY 100,000 (including one additional user and one year usage fee)
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