Xcom Global, Inc. (Hereinafter “Our Company”) Provides our “Global Cellular” and “Global Data (JAPAN WiFi)”device service in accordance with cellular service “Global Cellular” and Data communication service “Global Data (JAPAN WiFi)”. When customers apply our services, our company requests customers to confirm and accept this terms and conditions.
The meaning of the terminology used in this terms and conditions is defined in below articles.
Telecommunication device etc.
In addition to the cellular phone and device for data communication, our company defines all devices will be rented, including accessories.
Our Company defines customer or representative who apply service contract.
User is the person who actually uses our services.
The total amount of charges includes package plan which user choose, telephone, communication, and optional for accessories as well as shipping fee, other shipping related fee and processing fee.
and not use for other purposes. Further, in private policy, the below items are written, and our company shall request applicants and customer to confirm and accept the contents of private policy in advance.
The purpose of using personal information.
Proper acquirement of personal information.
Providing personal information to the third parties.
Safety management measurement.
The procedure to claim for disclosure.
Regarding the change of private policy.
A service applicant implements procedure which is defined by our company to use our products and services, and our company accept the usage application and concludes contract (Hereinafter “Agreement”) between our company and applicant for providing our company’s products and services.
Our company accepts application via internet. In case of application via internet, applicant sends usage information via internet and our company receives the email. At the moment our company receives the application, the agreement has been concluded.
This terms and conditions with service user shall apply to all service which is related with all issues.
Regarding term 2 for our company’ acceptance to application, in case of via internet, agreement between our company and customer has been concluded at the moment when our company replies to the application from service applicant. However, our company shall not accept providing product and service if our company considers the contract with applicants and users is or may be violated and other issues will be affected our service provided.
Our company shall not provide service due to lack of device inventory status.
Our company shall designate communication device’s line number, model and unit amount as well as decide them just before providing rental service.
Our company shall ask for deposit or credit line in some cases such as contract contents (unit amount, rental period and so on). Deposit will set off and adjust account after returning device. In case applicant and user use wire transfer rental fee to our company’s bank account or our company return deposit to applicant’s and user’s bank account, transfer fee will be burden on applicant and user.
In case rental period is over 1 month, we may request user to pay fee for charge.
Applicant and user can cancel agreement by notifying to our company by 17 pm of the day before (2 days) departure.
Applicant has responsibility to pay cancellation fee of ¥2,100 per device if not only applicant does not notify cancellation in the parties mentioned in term 1 but also applicant fails to notify the cancellation to our company.
Our company send device to applicant; however, applicant fails to receive device on the certain reasons and device will be returned to our company or applicant forget to receive device at airport, in these case applicant shall pay the same amount of cancel fee as mention in term 2.
If applicant chooses home delivery method, our company send devices to applicant and then applicant cancel the agreement, applicant must return devices in day after tomorrow to our company. After applicant choose to visit our headquarters or a counter at airports and receives device, applicant cancel agreement, applicant must return device in two (2) days later to our company. If applicant does not return device in designated period, applicant shall pay cancel fee with overdue fee which will be defined in terms 3 of Article 8.
Our company shall cancel agreement without advanced notice if applicant or user has the following concerns.
Falsehood at the application as mentioned is proven.
Applicant’s financial status has been remarkably worsen or the reason which financial status has been clear will be worsen.
critical breach of agreement is determined.
applies to Article 19.
Our company determines that the issue is applied to Article 20 and communication will be critically burden.
other issues which our company determines.
User shall comply with the followings:
Telecommunication devices, etc., shall be only used in the country or region of destination declared at the time of application.
Global cellular, the Voice Mail or SMS, or E-mail functions shall not be used by rental mobile phone from our Company.
Global cellular, any automatic calls and collect calls shall not be accepted.
Global cellular, global Data, and rental telephone line (SIM card) with other communication devices shall not be used.
Global data and rental telephone line (SIM card) shall not be used to make voice calls.
Telecommunications by the rental device shall be suspended if there is a breach of the matters set forth in article 1. In addition, even if the telecommunications are suspended due to a breach of the matters set forth in article 1, the applicant and user shall pay to our company the usage charge for all the days of the original application usage period and an additional usage charge as set forth in article 3, and the applicant and user shall accept this regulation in advance.
The following additional usage charges shall be charged if there is a breach of the matters set forth in term 1.
If any calls are made by global cellular from a country or region that is outside of the country the Applicant has applied for a usage plan at the time of application, or if such phone line (SIM card) is used to make a call by any other different telecommunication device, etc., settlement of the phone charge shall not be calculated based on the call time counter, but rather our company shall force applicant and user to pay as an additional usage charge with ¥360 per minute as one (1) minute unit surcharge for each separate call based on the phone call statement issued by the mobile phone company, and the applicant and user shall accept this regulation in advance.
Regarding global cellular, if the Voice Mail, SMS, or E-mail functions are used, or if such phone line (SIM card) is used for data telecommunications by any other telecommunication device, etc., the actual cost shall be converted to yen applied the exchange rate at the end of such month, and the amount that was calculated by multiplying this by 1.5 coefficient shall be paid to our company as an additional usage charge, and the applicant and user shall accept this regulation in advance.
Regarding global data, if any calls are made in Japan or from a country or region that is outside of the country the Applicant and user has applied for a usage plan at the time of application, the Applicant and user shall pay to our company as an additional usage charge with ¥ 2 yen as telecommunications charge for each 1KB (kilobyte), and the applicant and user shall accept this regulation in advance.
Regarding global data, if a phone line (SIM card) is used by any other telecommunication device, etc., our company shall force applicant and user to pay as an additional usage charge with ¥ 360 per minute as one (1) minute unit surcharge for each separate call based on the phone call statement issued by the mobile phone company, and the Applicant shall accept this regulation in advance.
The additional usage charge set forth in term 3 shall be immediately charged to the Applicant and user by our company when the telecommunications statement has been issued by the telecommunications company contracted by our company. Billing for additional usage charges is done after the telecommunications statement is issued, and it may be delayed about 1-2 months from the initial billing.
The period of service under this Agreement (hereinafter "Period of Service") is a period set forth on a one-day basis that includes both the start date of the usage period (hereinafter "Usage Start Date") and the termination date of the usage period (hereinafter "Usage Termination Date"). The usage start date and the usage termination date shall be set forth in term 2 for each service. However, the final date of use is not the date declared as the scheduled date of return to our company at the time of application for the service by the applicant and user (hereinafter“Scheduled Date of Return"), and unless specified separately in the terms, it shall be the day when the devices are returned to our company.
The usage start date and the usage termination date for each service shall be as set forth below.
|Name of Service||Definition of Usage Start Date||Definition of Usage Termination Date|
|Global cellular mobile phone for overseas||Planned date of departure from Japan||Date of return to Japan|
※Maximum days of Period of Service is 90 days
|Global cellular mobile phone for domestic use||The delivery date of the telecommunication devices (in case of airport delivery, definition is date of receipt)||Last date of use (in case of airports, definition is up to the date of return)|
※Maximum days of Period of Service is 90 days
|Country plans and tour plans other than Japan (only global data)||Planned date of departure from Japan||Date of return to Japan|
|Global data / Japan only country plans||Delivery date of telecommunication devices, (in case of airport delivery, definition is date of receipt)||Until last day of use (date of return if returned at the airport)|
Maximum days of Period of Service for Global cellular service is 90 days. Applicant acknowledge that Global cellular service shall be ended once Period of Service reaches ninety (90) days
Applicant and user can receive the telecommunication devices from our company by any of the following methods:
Sending devices by home delivery service to the location specified by the scheduled date of departure from Japan (for services used within Japan, it shall be the date of scheduled delivery);
Direct pick- up at the airport delivery counter specified by our company; or
Coming to the headquarters office of our company and directly picking devices up.
Our company shall not take any liability whatsoever for any damages incurred by applicant and user as a result of any delay of delivering telecommunication devices due to any natural disaster, war, riot, civil strife, the enactment of a revision or abolishment of laws and regulations, an order disposition due to public power, strike or other labor dispute, or accident to transport companies (including an accident of the international home delivery service provider that our company had arranged), any act of infringement by a third party, or any other force majeure.
There will be a charge of ¥ 540 (tax included) per device as a delivery processing fee (shipping fee), except in case of a specific plan with global cellular with term 1 Item (3).
Applicant and user may not be able to pick up the telecommunication devices if the usage application deadline passes set forth separately by our company.
Applicant and user shall be responsible for returning the telecommunication devices to our company by any following methods:
"Home Delivery Service “means return by home delivery service, etc., addressed to the headquarters of our company and devices have to be shipped by the next day of your return to Japan (address of the headquarters: Tokyo Tatemono Higashi Shibuya Building 8F, 1-26-20 Higashi, Shibuya-ku, Tokyo〒150-0011;
"Airport Counter “means returning devices directly at the airport counter specified separately by our company on the date you return to Japan; or
"Coming to Our Company" means returning devices directly to the headquarters of our company within two (2) Days after returning to Japan.(address of the headquarters: Tokyo Tatemono Higashi Shibuya Building 7F, 1-26-20 Higashi, Shibuya-ku, Tokyo〒150-0011;
Applicant and user shall take a responsibility for home delivery fee for the return by the method in term 1, Item (1). If returning by home delivery by C.O.D., you shall take a responsibility to pay¥1,080 (tax included) per device (+tax) as a C.O.D. shipment fee.
If Applicant and user who select the methods in term 1, Item (1) do not return telecommunication devices, you do not return devices to our company within 2 days when you returned to Japan, or who select term 1, item (2) do not return at our designated counter at airport at the returned date, or who select term1, item (3)do not returned devices to our headquarters, our company claims applicant and customer to pay overdue penalty with the below fee which will be mentioned in Article 9.
|Name of Service||Late Fees|
|Global Cellular||Late fee of 1,080 yen (tax included) per day for each phone|
|Global Data||Late fee of 2,160 yen (tax included) per day for each device|
If the telecommunication devices are not returned to our company within ten (10) days after the day on which the Applicant and user returned to Japan, our company shall claim the applicant and user an amount equivalent to the reimbursement price set forth in Article 15 as the purchasing price of the telecommunication devices and the applicant and user shall accept this regulation in advance. However, if the applicant and user returns telecommunication device after elapsing ten (10) days since returning to Japan, the fee of purchasing price shall be canceled, and the late fee in Term 3 shall be added, and it shall be charged again.
Fee for service of telecommunication devices provided by Global Cellular and Global Data shall be the price which is stated on Our Company's homepage and in the product brochure.
The period of time from the usage start date to the usage termination date set forth in Article 6 shall be a period subject to payment regardless of whether Applicant and user use our service or not.
In case applying any special package pricing or campaign pricing, it may be different from the pricing which is stated on our company's homepage and in the product pamphlet.
Price rate shall be determined by the plan which applicant and user selected at the time of applying our service, and it shall not be possible to change the plan rate at all. However, the change to the number of days on abroad may be accepted upon request by the applicant or user even in the middle of using the service.
Fee for service will be subject to change without prior notice.
For our telecommunication service, telecommunication statement shall not be issued, and the Applicant shall accept this regulation in advance. However, in the following cases, a telecommunications statement shall be issued:(1) Regarding global cellular, if telecommunication is occurred inside Japan and in any other country at the time that the applicant applied service, a telecommunications statement shall be issued, and an additional usage charge shall be charged as set forth in Article 5, term 3. In addition, when telecommunications devices are lost, the Usage Charge shall be calculated in accordance with the telecommunications statement.
Payment method shall be one of the following.
Online credit card settlement
Once a service application is completed, our company right away settles account with charges through payment service provider. In case of additional fee, late fee, reimbursement fee which are mentioned in this agreement, our company shall settle such additional charges. Applicants and user acknowledge the term in advance.
Payment by bill
When Period of Service is over, our company shall calculate service fee set in Article 9 with additional fee, late fee, and reimbursement fee and charge total amount of fees to applicant and user.
In case of personal user, we will accept only on credit card settlement.
In case of using global cellular service, our company shall calculate service fee by counting communication time counter which is display at telecommunication devices. Each call must be accumulated per second, and call service per minutes will be rounded up to minutes unit at the time when our company calculates total call time and claim total amount of service fees. Regarding communication time, our company shall not accept any formal objections from applicant and user.
Regarding global cellular, in case telecommunication devices are lost, our company will issue call details and calculate total amount of service fee. However, due to communication company’s reasons, our company shall take a few days to a few weeks to confirm service fee information and issue an invoice. Even if an invoice which issues from telecommunication companies or our company has a doubt, our company shall not accept any formal objections from applicant and user.
In case applicant and user pay service fee by the due date which is written on an invoice, we claim late fee with 14.6 % of annual interest rate from the day after tomorrow to payment settlement date to applicant and user.
When global cellular and global data are used at overseas, telecommunications service dee does not applied to consumption tax, but rental fees, compensation fees, shipping fees, and other fees are applied to consumption tax.
When global cellular and global data are used in Japan, the rental fees, telecommunication charges, compensation fees, shipping fees, and all other fees are applied to consumption tax.
In case telecommunication devices are lost, destroyed, or stolen, reimbursement dee shall not apply to consumption tax.
At the time of payment settlement, the usage amount with tax has a fraction of¥ 1; it shall be rounded down to the nearest yen.
The compensation system is a system with voluntary membership that compensates for damage to the telecommunication devices. In case of loss, destruction, and theft of the telecommunication devices during the rental period, there are four types: "Anshin Pack" (insurance pack), "Anshin Pack Full", "Anshin Pack Premium", and "Anshi Pack Plus". This applies to the applicant and user who apply to join at the time of application.
The charge of Anshin Pack shall be the charge which is stated in our company's homepage or in product brochures. Reimbursement price shall be an amount reduced by 80 percent, and 20 percent shall be paid by the Applicant (at the time of settlement, it shall be rounded down to the nearest yen).
The charge for Anshin Pack Full shall be charged which are stated on our company's homepage or in product brochures. Reimbursement price shall be totally covered (no liability) (at the time of settlement, it shall be rounded down to the nearest yen).
Anshin Pack Premium shall be applicable only for Mypage members. Charges are stated on our company's homepage or in product brochures. Reimbursement price shall be totally covered (no liability) (at the time of settlement, it shall be rounded down to the nearest yen).
The charges for Anshin Pack Plus are stated on our company's homepage or in product brochures. Reimbursement price shall be totally covered (no liability). Also overseas travel incurance(a rider for permanent disability, baggage damage, aircraft deposit baggage delay, and aircraft delay) is included.
In case of devices lost by theft, applicant and user make sure to obtain a certification from the local police department or public agency that states the events of the loss or theft in detail. If this is not submitted, in either case, the rate of exemption shall be 50% (the Applicant shall pay 50% of the reimbursement price). However, it is pursuant to general policy conditions and clauses in a rider of Mitsui Sumitomo Insurance Company, Limited, the underwriting insurance company, for overseas travel insurance included to Anshin Pack Plus.
If telecommunication Devices are lost, destroyed, or stolen, Our Company shall be notified immediately.
Applicant and user shall contact to their own insurance companies or etc. for the information such as coverage and insurance claim for loss, destruction or theft of our company's telecommunication devices in case applicant and user's own travel insurance could cover such damages.
In case of "Anshin Pack" and "Anshin Pack Full", accessories whose Reimbursement price is more than 30,000 yen shall not be covered by this compensation system.
When our company deems that we need to check the current condition of the telecommunication device under the presence of applicant and user.
Applicant and user shall use and manage telecommunication devices with good manner directed by our company.
If the telecommunication devices are lost, damaged, or stolen, applicant and user shall immediately notify our company accident condition. In addition, for any reason whatsoever, if the telecommunication devices are lost or stolen, and the charges for being used illegally in the period of service time, our company shall claim applicant and user total amount of penalty fees.
In case of the previous term, applicant and user shall, unless reason is attributable to the responsibility of our company, applicant and users shall pay the following amount of fee as a repair charge or re-procurement charge of the telecommunication devices to our company.
|Total Loss of Device (Loss, Theft, or Submerge)||40,000 yen|
|Device (including superficial damage, damage to parts, parts lost)||20,000 yen|
|SIM card(line)||20,000 yen|
|[Charger, Rechargeable Battery Related]|
|Lost or Damaged Charger (Integrated)||4,000 yen|
|Loss or Damage to the AC Adapter for Charging||3,000 yen|
|"ene-hyper" Body||10,000 yen|
|"ene-smart" Body||7,000 yen|
|"eneloop" Body||5,000 yen|
|Micro USB Cable for Charging||1,000 yen|
|Cigarette Lighter Charging Plug||2,000 yen|
|[USB Accessories Related]|
|USB Modem Cap||5,000 yen|
|Driver CD-ROM||5,000 yen|
|USB Extension Cable||5,000 yen|
|250V Corresponding Three-Pronged Power Strip||3,000 yen|
|USB Port||3,000 yen|
|Carrying Case||1,000 yen|
|PC Card Adapter||10,000 yen|
|Power Plug (Multi-Type・L Plug)||3,000 yen|
|Power Plug (Single Type)||500 yen|
|Selca Lens||3,000 yen|
|Folding Keyboard (Body)||10,000 yen|
|Folding Keyboard (Protection cover)||5,000 yen|
|Translation Device||30,000 yen|
Applicant and user shall not attach any other devices or accessories to the telecommunication devices and shall not alter, analyze, dismantle.
Applicant and user shall not violate actions such as sublease, transfer our company’s belongings to the third part or mortgage them.
When using the global data Wi-Fi plan (mobile Wi-Fi router) to transmit data with a communication device such as a smart phone, including any electronic dictionary terminals, whenever overseas, applicant and user shall make sure to turn off (stop) the data roaming function of the device and not to transmit data by using the Wi-Fi function. If data roaming function does not turned off, the device in connection status to the 3G network, an overseas data roaming fee will be charged by the telecommunications company. In case of the above, please note again that our company cannot take any responsibility.
If any troubles related to the use of the communication devices occur, the subscriber shall immediately get in touch with the company from the spot used, and if the subscriber fails to get in touch with the company from the spot used, the company shall not be responsible for such troubles in any manner whatsoever, and the subscriber shall pay the usage fees to the company.
In addition, if the subscriber got in touch with the company from the spot used, the company will deduct such communication expenses from the billing amount only when the company judges it to be appropriate.
If there is a mistake when making the declaration of the country of destination, and there is a problem of using the Telecommunication devices, our company shall not take any responsibilities whatsoever, and the applicant and user shall accept this regulation in advance.
As a result using the telecommunication devices, applicant and user incurs any accidents or damages, regardless of whatever the cause, our company shall not take any responsibilities whatsoever to the applicant and user. except intentional and critical delinquency.
Even if the communication terminal provided by our company is used and it causes problems such as interoperability issues with the software or hardware of the personal computer owned by the contracting party, our company shall not take any responsibilities whatsoever.
Our company shall not take any responsibilities for the items below
Any problem caused by the applicant and user’s telecommunication devices.
Any problem caused by the applicant and user’s spec, settings, and compatibility, etc. on their own devices.
Any problem caused by the telecommunications company or sources of any application.
Any problem caused by geographic location within a country, building, or structure, as well as a variety of other related causes which may also affect the equipment performance.
Any problem caused by force majeure such as an extraordinary natural phenomenon.
Any problem caused by anything Our Company is not responsible for.
If applicant and user make damages on the reason why our company is responsible for, in lieu of paying compensatory damages to the contracting party except our intentional and critical delinquency, and exempt applicant and user from paying the usage charge, but we shall not whatsoever secure an alternate methods of communication, pay for such alternate method of communication, or compensate for any damages.
The area of responsibility for any customer supports shall be the issues only caused by the malfunction of the telecommunication devices.
Our company refuses to have any relationships with a crime organization, members of a crime organization, quasi members of a crime organization, companies associated with any crime organization, racketeers, etc., socially-branded racketeering organizations, specially-skilled crime organizations, or any other similar anti-social forces (hereinafter "Anti-Social Forces"), and we deny the use and application for the services. For this reason, the Applicant and user must represent and warrant that they are not Anti-Social Forces before they can use the service.
If Our company determines that the applicant and user are Anti-Social Forces, our company shall be entitled to terminate in whole or in part of the use and application for the services. Our Company immediately terminates agreement without any advanced notice or warning to the applicant and user.
If the applicant and user are found to be "Anti-Social Forces", our company and business partners, etc. that has a relationship with our company shall be entitled to demand compensation for damages arising from termination in whole or in part of the use and application for the services.
Global data utilizes the communication lines of local carriers, and provides a sufficient capacity when using in an ordinary manner for transmission and reception of electronic mail, internet search, map browsing and communication applications, etc. From the viewpoint of maintaining network quality and fair usage of radio waves; however, some local carriers may limit the communication speeds for any users who engage in great quantities of data communications within a short period of time. In addition, depending on some local carriers, they may limit the communication speeds for specific uses at their own option. Please refrain from viewing animated images, engaging in video calls, downloading and uploading bulk files (transmission and reception), or playing online games as much as possible. Furthermore, if the subscriber infringes on any such communication speed limits, it may be impossible to connect to the internet or the communication speeds may become extremely slow or communications may not be restored during the subscriber use period. When the subscriber infringes on such communication speed limits, the company shall not be responsible for any manners whatsoever, and the subscriber shall pay the usage fees to the company. Communication speeds are different from depending on the countries or circumstances, and the company is not in a position to guarantee any such communication speeds.
In the case of some countries or plans (e.g. round tour plans), if any users engage in exorbitant and excessive quantities of communications (400 MB or more of packet communication during a period of the most recent three days including the current day), some local carriers may limit communication speeds. If the subscriber infringes on such communication speed limits, it may become impossible to connect to the Internet or the communication speeds may become extremely slow and the communication may not be restored during the subscriber use period. Even in this case, the company shall not be responsible for such incident in any manners whatsoever, and the subscriber shall pay the use fee to the company.
The Terms and conditions of Use and the fees for service are subject to change without advanced notice.
If disputes regarding this agreement arises a , the applicant and use agree that the Tokyo District Court or the Tokyo Summary Court shall be the court with exclusive jurisdiction for the first instance.
Our company shall set forth separately any matters not set forth in the Terms with respect to countries and regions where it is possible to use the rental telecommunication devices from our company, and with respect to any other use of telecommunications devices.
Revised December 1, 2004, Revised September 1, 2005, Revised June 1, 2006, Revised January 1, 2007, Revised April 1, 2008, Revised October 17, 2008, Revised February 9, 2009, Revised May 19, 2009, Revised May 25, 2009, Revised October 22, 2009, Revised April 5, 2010, Revised August 3, 2010, Revised October 29, 2010, Revised December 1, 2010, Revised December 27, 2010, Revised July 19, 2011, Revised November 17, 2011, Revised June 5, 2012, Revised September 21, 2012, Revised November 1, 2012, Revised March 5, 2013, Revised August 21, 2013, Revised December 3, 2013, Revised February 14, 2014, Revised July 11, 2014, Revised December 17, 2015, Revised April 9, 2015, Revised December 10, 2015, Revised April 14, 2017, Revised June 5, 2017, Revised March 30, 2018, Revised June 18, 2018,