Last modified: January 19, 2015
Terms of Service
This English version of the terms and conditions is a translation for your reference of the Terms (hereinafter defined) in Japanese. Japanese version of the Terms is applied to you and Fuji Xerox assumes no responsibility whatsoever for any discrepancies of interpretation arising between the Japanese and English versions.
These terms and conditions ("Terms") stipulate the terms of a legal agreement between you and Fuji Xerox Co., Ltd. ("Fuji Xerox"), with respect to use of Fuji Xerox SkyDesk Service.
Article 1 Scope
The Terms are applied to you, when you use the Fuji Xerox SkyDesk Service, unless otherwise agreed.
Article 1a Definition
- (1)"Service" means an online service named Fuji Xerox SkyDesk Service, which contains data storage, document creation and other functions.
- (2)"Corporation" means a legal entity or unincorporated association, which has legal capacity to enter into the Terms.
- (3)"System" means computer system consisted of computers, other machines and software, which Fuji Xerox owns or possesses to provide the Service.
- (4)"User Data" means any data which;
- a)you transmit to the System for data processing with use of the Service; or
- b)you create or make with use of the Service.
- (5)"Opening User Data to the Public" means disclosing User Data for public reading and/or viewing, transmitting User Data to public, and/or making User Data transmittable to the public with use of the Service.
- (6)"Transmission Prevention Measures" mean taking measures to prevent Opening User Data to the Public and/or to delete User Data stored in the System.
Article 2 Providing Service
Fuji Xerox will provide you with the Service subject to these Terms. You shall, at your own expense, prepare equipment, software, network communication services and other facilities, which you are required to utilize the Service.
Article 3 User Registration
- Before you start to use the Service, you shall register information which Fuji Xerox designates, such as your name, mail address and any other information. After Fuji Xerox approves your registration, your ID and password shall be determined in a sequence of this process.
- You shall update your information, in case of any changes in your registered information.
- You may not register false, fake or forged information in the registration process herein.
- The legal agreement for the Service between you and Fuji Xerox shall be effective when your registration for the Service is completed.
Article 4 User Registration by Company, Corporation or Other Organization
- If you are a Corporation, a representative of the Corporation or an agent empowered by the representative of the Corporation may carry out the registration necessary to use the Service on behalf of the Corporation. In this case, the Corporation shall be responsible for its employees’ or constituent members’ observance of the Terms and related conditions, and is jointly and severally liable to Fuji Xerox for any damages arising out of the use of Service by its employees or members.
- Further, Fuji Xerox may request a document to show such Corporation is duly established and/or its applicant person has an authority to enter into the Terms. You shall, at Fuji Xerox’s request, submit necessary documents to Fuji Xerox.
Article 4a Authorization and Legal Capacity
- If you are registering for the Service as an individual, you shall represent and warrant that you are at least 20 years of age and has the legal capacity to enter into the Terms.
- Failure to comply with the representation hereunder shall be deemed a material breach of this Agreement and Fuji Xerox may terminate or suspend your access at its own discretion.
Article 5 ID and Password
- You shall keep the password of your ID in confidence and shall not disclose it to others.
- You shall not lend, sell, assign, transfer the title, or make available your ID and password to others.
- You shall immediately notify Fuji Xerox, if you find that your ID and Password are stolen or unlawfully used by others.
- Fuji Xerox may deem a person who signs in by using collect your ID and password, as a rightly authorized user of the Service, and will provide the Service.
- Fuji Xerox shall not be liable for any damages arising from divulgation or unauthorized use of your ID or password, except as caused by Fuji Xerox’s willful act or gross negligence.
Article 6 Using Service
- With regard to use of the Service, you shall abide by any specific instructions, if any.
- Your use of the Service is at your own risk, and Fuji Xerox does not make and disclaims any and all other express and implied warranties except as expressly stipulated herein.
- The Service has the function to ease or make efficient collaborative activity with other users of a group or organization that you set (“Group”) and you may authorize other users of the Group to edit your data or to administrate your Group. You shall be responsible for any result arising from your setting of your Group.
Article 7 Data
- You shall warrant having the lawful right and title to any data ("User Data") which you create by using the Service and/or you transmit via the computer system provided under the Service (the "System").
- You shall permit Fuji Xerox to automatically reproduce, modify, adapt, translate, publicly transmit or use User Data based on the System's specification to the extent necessary to Fuji Xerox's providing the Service on the System.
For the avoidance of the doubt, this section intends that you will be required to permit Fuji Xerox to automatically reproduce, modify, adapt, translate, publicly transmit or use User Data based on the System's specification in the process of operation of the Service on the System, and this section does not interpreted that you will be required to permit Fuji Xerox to publicly disclose or publish your User Data for earning profit or sell your User Data.
Article 8 Authorization to exploit
- If Fuji Xerox provides to you templates and/or sample documents for the Service, Fuji Xerox grants you to reproduce, adapt, modify, and publicly transmit such templates and sample document only for the purpose to create your document or data by using the Service.
- You shall not redistribute these templates, sample documents and their modifications as your templates, sample documents and other materials.
- FUJI XEROX SHALL NOT BE LIABLE FOR ANY DOCUMENT OR DATA CREATED THROUGH AND BY YOUR USING THE SERVICE.
Article 9 Responsibility of Fuji Xerox
Fuji Xerox provides the System on "as is" basis at the time of your use. With respect to the System, Fuji Xerox’s responsibility shall be limited to make commercially reasonable effort to prevent (i) computer virus infection, (ii) infringement of intellectual property rights of third party, and (iii) unauthorized access to the System.
Article 9a Special Provision of Mail Hosting Service
- If you use the mail hosting service, you shall warrant that;
- (1)you have the right to use the domain name for the mail hosting service.
- (2)you don’t and will not to receive and/or transmit other person's mail pretending other person and/or using other person's ID and password.
- If you use the mail hosting service as a Group, you shall, as a representative of your Group, warrant that;
- (1)all members of your Group don't and will not receive or transmit other person's mail pretending other person and/or using other person's ID and password;
- (2)you have a sufficient authority or right to control and use your mail server or obtain a permission to use your domain name or address from a right person who possess and control your mail server.
- (3)you and all members of your Group shall abide by the Terms.
- If you violate the above section 1 and/or 2 of this section, Fuji Xerox may immediately stop whole or a part of your mail service and mail hosting service at this Service. Further if you use mail hosting service as a Group, Fuji Xerox may immediately stop whole or a part of your Group members' mail service and mail hosting service.
Article 9b Special Provision for SkyDesk Support Service
- If you allow your customers (“Support Customers”) to use the permitted service portion of SkyDesk Support for the purpose of your own support services, you shall obligate Support Customers to adhere to the followings:
- (1)Use SkyDesk Support to the extent not contrary to the Terms of SkyDesk Service;
- (2)Keep their ID and password to use the permitted service portion of SkyDesk Support (collectively “Support Customer Password”) in confidence; and
- (3)Not assign, transfer or make available Support Customer Password to any other third party.
- You shall appropriately administrate any information of Support Customers (including their IDs) and Fuji Xerox shall not be liable for any damages arising from divulgation or unauthorized use of Support Customer Password, except as caused by Fuji Xerox’s willful act or gross negligence.
- On your using SkyDesk Support, you shall represent and warrant that you have any and all legal rights and titles to use sub-domain name which you have specified and set into the SkyDesk’s email address (hereinafter called “Sub-domain name”. It is indicated as "xxxx" part in @xxxx.support.skydesk.jp).
In case that a third party claims against Fuji Xerox that such Sub-domain name infringes that party’s right, including trademark rights, or causes misrepresentations, mistakes or confusion, Fuji Xerox may, at its sole option, take remedial measures to delete or rename the alleged Sub-domain name after written notification to you without delay.
Fuji Xerox shall not be liable for any and all damages arising from such deleting or renaming the Sub-domain name. You shall defend, indemnify and hold Fuji Xerox harmless against any claim at your own expense and responsibility, and shall pay all costs, including attorney fees, and Fuji Xerox’s damages, if any.
- You shall, at your risk and responsibility, make Support Service available to Support Customers and Fuji Xerox shall not bear any responsibility for any claim, dispute or controversy between you and any third party in connection with the use of SkyDesk Support.
Article 9c Offering Beta Services
- Fuji Xerox may offer you certain Services as, closed (private) or open, trial services by using beta versions ("Beta Services") for the purpose of the testing and evaluation.
- You agree that Fuji Xerox has the sole authority and discretion to determine the specifications, trail period and other terms and conditions of Beta Services.
- Fuji Xerox may, at its sole option, determine to offer you the Beta Services as commercially paid services.
- You will be under no obligation to subscribe any Beta Services which are changed into paid services when Beta Services are released as paid services based upon the previous section 3.
- Fuji Xerox will reserve the right to, fully or partially, temporarily or permanently, discontinue any Beta Services at any time without prior notice to you.
- YOU AGREE THAT FUJI XEROX WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR, CURRENTLY OR IN THE FUTURE, ANY AND ALL HARM RELATED TO, ARISING OUT OF, OR CAUSED BY THE MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY OF THE BETA SERVICES FOR ANY REASON.
- FOR THE AVOIDANCE OF DOUBT, FUJI XEROX OFFERS BETA SERVICES WITH NO WARRANTY AS DESCRIBED IN THE ARTICLE 10 "NO WARRANTY" HEREIN SHALL BE APPLICABLE TO ANY OF BETA SERVICES.
Article 10 No Warranty
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS. THE SERVICE AND THE SYSTEM ARE PROVIDED WITH NO WARRANTIES OF ANY KIND, AND FUJI XEROX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUJI XEROX DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NEITHER PARTY SHALL BE LIABLE UNDER THESE TERMS FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGE FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOST DATA, LOST PROFITS), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY, EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY.
Article 10a Third Party's Service
- If you use any third party's services with the Service, such third party's terms and conditions shall be applied to your use of third party's services.
- Fuji Xerox shall only be responsible for providing the Service subject to the Terms, and shall not be liable for any third party’s services or products used with the Service.
Article 11 Notification
- Any notice from Fuji Xerox to you (including any notification based on Act on Specified Commercial Transactions in Japan) shall be made by internet mail of which you registered the address.
- Any notice from you to Fuji Xerox, shall be made by internet email whose address is support@cs.SkyDesk.jp or registered mail.
Article 12 Prohibition
You shall NOT
- (1)make your ID and password available to any third party,
- (2)lend, transfer, buy and sell, or change the name of your ID and password for the Service,
- (3)resell the Service to any third party,
- (4)cause a crime or conduct illegal activities by use of the Service, or use the Service to distribute or transmit information which may encourage crime and/or illegal activities,
- (5)infringe trademark right, copyright or any other intellectual property of any third party by use of the Service,
- (6)infringe privacy and/or publicity right of any third party by use of the Service,
- (7)transmit any data/information or conduct any activity against public order and morality by use of the Service,
- (8)infect the System with computer virus or other computer programs to interrupt normal operation of the System, or transmit such computer viruses and/or programs by use of the Service,
- (9)transmit spam mails by use of the Service,
- (10)transmit a massive amount of mails at one time by use of the Service,
- (11)access to the System via any wrongful process other than the designated protocols, or
- (12)conduct any analysis of the functions, software, structure or technology of the System by use of the Service, or use the System any purpose other than using the Service.
Article 12a Transmission Prevention Measures
Fuji Xerox has a right to take Transmission Prevention Measures, if;
- (1)Opening User Data to Public causes against public order and morality or is highly probable to cause to offend public order and morality;
- (2)your User Data include any information that causes or encourages a crime or illegal activities;
- (3)Opening User Data to Public cause infringement of privacy and/or publicity right of any third party or are highly probable to cause infringement of privacy and/or publicity right of any third party;
- (4)Opening User Data to Public slander someone’s reputation or stains someone’s honor, or are highly probable to slander someone’s reputation or stain someone’s honor;
- (5)your User Data infringe trademark right, copyright or any other intellectual property of any third party, or are highly probable to infringe trademark right, copyright or any other intellectual property of any third party;
- (6)your User Data include computer virus, spyware, malware and/or any other program or data to prevent normal operation of computer system or illegally obtain someone's information; or
- (7)Fuji Xerox is required to take Transmission Prevention Measures in accordance with judicial or governmental orders, or any other legal demand based on applicable laws, including Japanese Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.
Article 13 Temporary Halting ID and Password
Fuji Xerox may suspend partly or wholly the Service of your user account, if:
- (1)Fuji Xerox needs to maintain or secure appropriate operation and security of the System;
- (2)you violates the Terms;
- (3)Fuji Xerox finds that there is a probability of your act described in Article 12;
- (4)Fuji Xerox receives court orders to halt a part or all of the Service;
- (5)Fuji Xerox receives official requests to halt a part or all of the Service from competent administrative organizations; or
- (6)you repeat any act prohibited under Article 12a before its cause is resolved.
Article 13a Termination by You
You may terminate this Agreement at your convenience, provided that you shall conform to the prescribed procedure and immediately pay all amounts of fees owed by you.
Article 14 Termination by Fuji Xerox
- Fuji Xerox may immediately terminate the Service and all related agreements with you and discard your ID, password and your User Data, if:
- (1)Fuji Xerox finds unauthorized use of your ID or password;
- (2)you conduct a crime act and/or any other illegal act with use of the Service;
- (3)you pass or transmit to the System computer virus, spyware, malware and/or any other program or data which prevent to normal operation of computer system or illegally obtain someone's information, or distribute and/or transmit such harmful program and/or data with use of the Service;
- (4)your violation of the Terms and/or other related conditions are not cured regardless of Fuji Xerox’s notice;
- (5)you do not sign in the System in six months or more;
- (6)the court orders to delete your ID, password or your User Data;
- (7)competent governmental office requests to delete your ID, password or your User Data under any law or regulation concerned;
- (8)you illegally access or attempt to access the System or to use the Service or System;
- (9)you make your ID and password available to any third party by way of transfer, rental or otherwise making available;
- (10)(i) you are/were formerly anti social force, or a member of anti social forces (where five years have not passed since you made a clean start), (ii) you have a relationship with anti social force(s), (iii) you stain someone’s honor and/or confidence, or interfere with someone's activities, demand unjustified act or do any other undue act in the name of anti social force or the like, or (iv) your main investor or director is a member of anti social force; or
- (11)Fuji Xerox is repeatedly required to block transmission of all or a part of your User Data so as to take any Transmission Prevention Measures under the Act on the Limitation of Liability for Damages of Specified Telecommunications Service Providers and the Right to Demand Disclosure of Identification Information of the Senders.
- Fuji Xerox shall not responsible any damages arising from the termination based on any section of this article.
Article 15 Halt or Suspension of the Service
- Fuji Xerox may halt or suspend the Service, if:
- (1)Fuji Xerox, periodically or urgently, performs maintenance or engineering works for the System, or there is an unavoidable circumstances to suspend the Service, such as system trouble;
- (2)Fuji Xerox cannot provide the Service as usual because of a war, riot, disturbance, strike, earthquake, eruption, flood, tsunami, fire blackout or otherwise state of emergency;
- (3)Fuji Xerox receives a government or court order, or telecommunication business carriers halts or stops to provides its services to Fuji Xerox;
- (4)the court orders to halt or suspend the Service; or
- (5)Fuji Xerox decides to halt or suspend the Service due to operational reasons otherwise above.
- If Fuji Xerox halts or stops the Service under this Article, Fuji Xerox will notify to you beforehand. Notwithstanding the foregoing, this section shall not apply in case of any emergency or unavoidable situations.
- Fuji Xerox shall not be liable to you or any third party for any damage due to suspension or termination of the Services unless otherwise expressly stipulated in the Terms.
Article 15a Termination of the Service
- Fuji Xerox may at its discretion, terminate partly or wholly the Service with thirty (30) days prior notification.
- Fuji Xerox shall not compensate to you on termination under the above section.
Article 16 Compensation of the Damage
- Fuji Xerox shall be liable to you solely for normal and direct damages to the maximum extent of the sum of thirty hundred (3,000) Yen, regardless of default of Fuji Xerox's obligation, torts and/or any other reason.
- Section 1 of this Article shall not apply to your damage due to Fuji Xerox's willful act or gross negligence.
Article 17 Personal Information
Article 18 Revision
- Fuji Xerox may revise the Terms (including related instructions or conditions thereof) with a notice no later than thirty (30) days prior to revision of the Terms. Notwithstanding the foregoing, Fuji Xerox may revise the Terms without any prior notice to you, if such revision(s) fall under the following;
- (1)to exempt or reduce your obligation;
- (2)to increase your benefit or right;
- (3)to delegate additional responsibility to Fuji Xerox;
- (4)to reduce the service fee for Additional Service, or
- (5)any other revisions not to put you at a disadvantage to the extent reasonable.
- Notwithstanding the foregoing, Fuji Xerox may add new items of the Services without advance notice, if such addition does not negatively affect your existing interest.
- The revised Terms shall start to apply from the date designated by Fuji Xerox after which the prior notice term expires.
Article 19 Governing Law
The Terms and any other related conditions of the Services shall be governed by and construed in accordance with the laws of Japan.
Article 20 Jurisdiction
You and Fuji Xerox agree that any disputes and controversies hereunder shall be exclusively brought in the Tokyo Summary Court or the Tokyo District Court of Japan.
Special Provision for Resident in Countries outside Japan
You acknowledge that (i) the System, (ii) any personal information registered by you on your using the System, and (iii) any user data may not be restored in the outside of the following countries and areas;
Singapore, Australia, New Zealand, Hong Kong, Indonesia, Vietnam, Philippines, Malaysia, Cambodia, Thailand, Taiwan
Font Software License Agreement
If you use any service and/or function set forth in Article 1 (Scope) of this License Agreement, you are supposed to use font software of Monotype Imaging Inc. If you use the service and/or functions thereof, you shall observe the following terms in this Font Software License Agreement.
Article 1 Scope
This Font Software License Agreement ("Font Terms") shall be applied to you, when you use the function, "export in PDF format" and/or "print in PDF format" in the application of "Writer", "Sheet" and/or "Show".
Article 2 Acknowledgement
You acknowledge that this Service contains, as a component, the font software which generates font designs (“Font Software”).
Article 3 Scope of the User
- You agree that the following terms are defined as follows.
- (1)"Internal Use" means that use of the Font Software only in the course of your customarily and ordinarily internal business or personal use.
- (2)"Customarily and ordinarily internal business use" means any use by you, your employees, or your authorized agents for your customarily and ordinarily internal business.
- (3)"Customarily and ordinarily personal use" means any use by you or a member of your household for internal and personal purposes.
- Internal Use shall be formed when an individual authorized by each items of Section 1 of this Article is permitted to give commands (whether by keyboard or otherwise) from a remote location by the Font Software which is a component of the Service.
- Internal Use shall not include the following use of the Font Software:
- (1)“customarily and ordinarily internal business use,” by your employees or agents that are not authorized by you; or
- (2)“customarily and ordinarily personal use,” by any person that is not a member of your household.
- You shall notify all such employees, agents, and household members defined in Section 1 of this Article of the Font Terms and shall make them to be bound by these terms.
Article 4 License to Use
You are hereby granted non-exclusive, non-assignable, and non-transferable rights to use the Font Software in the Service only for your Internal Use. You are not allowed to use the Font Software for any purposes other than Internal Use, including but not limited to, resale, sublicensing, or distribution. All rights not expressly granted in the Font Terms are reserved by Fuji Xerox and/or its supplier to Fuji Xerox.
Article 5 Prohibited Action
- You may not alter the Font Software for the purpose of adding any functionality which such Font Software did not have when it was provided to you.
- You may not extract the Font Software from the System.
- You may not copy the Font Software from the System.
Article 6 Re-distribution
- Internal Use shall not include any distribution whatsoever of the Font Software, provided however, that you may electronically distribute a document created by you in the scope of Internal Use, which contain the Font Software in a static graphic image or in a format that permits the embedding of Font Software solely for viewing and printing (and not the editing, altering, enhancing, or modifying) such document.
- You may not embed the Font Software into a document, which is distributed as a commercial product in exchange for a fee or other consideration (For example, you are not allowed to embed the Font Software into an electronic book that is offered to the public for profit.).
Article 7 No License
This license is not meant to transfer any right, title, or interest in the Font Software or its components to you except as expressly set forth herein. You acknowledge that the Font Software is legally protected by copyright laws. You shall not conduct any act to infringe any right of the Font Software.
Article 8 Halting the License
Fuji Xerox reserves a right to terminate the license granted under the Font Terms, if you breach any terms herein. In the event of termination of your right to use, you will be required to immediately cease any use of the Font Software, destroy the original and all copies of the Font Software under your control, possession, or supervision and promptly certify the destruction of the Font Software to Fuji Xerox.
Article 9 Special Terms for User as United States Government
If you use the Service under following contract, you shall observe the following terms.
- (1)GSA contract - use, reproduction or disclosure is subject to the restrictions set forth in the applicable ADP Schedule contract,
- (2)DOD contract - use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1)(ii) of 252.277-7013;
- (3)Civilian agency contract - use, reproduction, or disclosure is subject to 52.277-19(a) through (d) and restrictions set forth in the accompanying End User Agreement.
All rights of the Font Software are protected by the copyright laws of the United States and international treaties concerned.
End of Text
- Monotype is a registered trademark of Monotype Imaging Inc.
December 18, 2012
Terms of Additional Service
This English version of the Terms of Additional Service is a translation for your reference of the Additional Terms (hereinafter defined) in Japanese. Japanese version of the Additional Terms is applied to you and Fuji Xerox assumes no responsibility whatsoever for any discrepancies of interpretation arising between the Japanese and English versions.
This terms and conditions of Additional Service ("Additional Terms") stipulate the terms of a legal agreement between you and Fuji Xerox Co., Ltd. ("Fuji Xerox"), with respect to use of Fuji Xerox SkyDesk Service additional option services attached at Fuji Xerox the Terms of Service for SkyDesk Service (“Principal Terms”).
Article 1 Scope
- The Additional Terms and Fuji Xerox SkyDesk Service Term of Use are applied to you, when you use the Fuji Xerox SkyDesk Service Optional Services ("Additional Service").
- If the any provision of the Additional Terms contradicts with a provision of the Principal Terms, Additional Terms shall control and prevail.
- Unless expressly defined herein, all capitalized terms in this Additional Terms shall have the same meaning as set forth in the Principal Terms.
Article 2 Providing Service
Fuji Xerox will provide you the Additional Service.
Article 3 Starting to Use
- You shall order Additional Service in accordance with the procedure designated by Fuji Xerox. This agreement regarding to Additional Service between You and FX shall be effective at the time of Fuji Xerox's acceptance to your order on the System.
- You may use Additional Service from the effective time point of this agreement.
Article 4 Rejection of Offer
Fuji Xerox may decline your offer of the Additional Service, if:
- (1)Fuji Xerox’s charges to your credit card are rejected;
- (2)contents of your order is incomplete;
- (3)contents of your order contain false representation to fact;
- (4)there is a record that any amount was overdue more than thirty (30) days;
- (5)the Service is suspended under Article 13 of the Principal Terms; or
- (6)it is highly probable that you would violate any Principal Terms or Additional Terms.
Article 5 Cancel before Starting Term
You can withdraw and cancel your offer of the Additional Service without fees, if you withdraw the offer within the period between the first (1st) day and twentieth (20th) day of the calendar month that you place the order on.
Article 6 Term
- The Additional Terms shall be effective as of the registration date under the section 3, and remain in full effect until the expiration date as provided in the prescribed fee table. However, Additional Service on pay-as-you-go basis (“Unit Service”) shall expire when you consume upper limit number of service unit that you purchased.
- Except Unit Service, the contract period of Additional Service shall be automatically extended with the same conditions, unless you apply for termination or change of the Additional Service in accordance with the procedure prescribed in the Article 11 by the 20th day of the calendar month that Additional Service expires on.
Article 7 Service Fee
The fees of each Additional Service shall be stipulated in the fee table attached hereto. However, if you separately agree the fee for the Additional Service, the agreed fees shall supersede the prescribed fees.
Article 8 Payment
- Unless otherwise agreed, you shall pay the fees for Additional Service with your credit card.
- If you desire to change the registered credit card, you shall proceed with the prescribed procedure.
- Except as specifically stipulated herein, Fuji Xerox will not refund the fees for Additional Service that you paid.
Article 9 Failure of Payment
- Fuji Xerox may terminate or suspend Additional Service, if you don’t
- (1)pay the fees for each Additional Service by due date despite a demand notice (including credit-card blocking);
- (2)accede to an additional payment due to changes of Additional Service.
- If you fail to pay the fees for Additional Service despite several demand notices, Fuji Xerox may cancel the Additional Terms and related agreements (if any) and immediately terminate all of the Services and Additional Services. Fuji Xerox may immediately delete your ID, password and all of user data, and shall not be liable for any damages incurred by you in the termination of the Services and Additional Services.
Article 10 Relation between Representative of Group and its Members
- If you may set a group to use the Additional Service on a conjoint basis, you will be a representative of such group setting. You shall be responsible for any administration and operation of the Additional Service in such group setting.
- If you authorize a third person as a member of your group setting, you shall be liable for any acts or omissions of such third person in using the Service or the Additional Service.
- You may transfer your representative status of your group setting to other person. If you transfer your representative status, you shall, at your responsibility, obtain the entire agreement of all members on such transfer.
Article 10a Payer of Service Fee
- If you place an order for Additional Service as a representative of your group setting, you shall be responsible for payment of the fees of such Additional Service.
- You may choose a member of your group setting as a payer of the fee of Additional Service subject to the procedure designated by Fuji Xerox. In the foregoing case, you shall, at your responsibility, obtain the entire agreement of such member on the payer setting.
- If you fail to abide by the prescribed procedure under the foregoing subsections, Fuji Xerox may decline your request.
Article 10b Support Service
- Fuji Xerox may provide you with support service as Additional Service (“Support Service”). Support Service is to give advices or suggestions to your questions within three (3) business days from the date Fuji Xerox receive a question from you in accordance with the prescribed procedure.
- Fuji Xerox makes no warranty that a problem or questions raised by you shall be solved or corrected within three business days. Further, you shall, at your own risk and responsibility, employ suggestions or advice provided by Fuji Xerox in the Support Service.
- If you fail to comply with the prescribed procedure for Support Service or Fuji Xerox’s instruction, Fuji Xerox may not provide you with suggestions or advices within three business days.
Article 11 Cancellation
- If you desire to not extend the contract period of Additional Service, you shall proceed with the cancellation process designated by Fuji Xerox during the period between the first (1st) day and twentieth (20th) day of the calendar month that the contract term for Additional Service expires.
- You may not cancel Additional Service during the contract term of Additional Service.
Article 11a Termination by FX
- FX may at its discretion, terminate partly or wholly the Service without any compensation to you, provided that Fuji Xerox notify you in writing thirty (30) days before such termination date.
- If Additional Service is terminated in the middle of your contract term, Fuji Xerox will refund the fees corresponding to the rest of such contract term in accordance with the prescribed calculation method.
- Except expressly herein, Fuji Xerox shall not be liable for any damages incurred by you in the termination of Additional Service.
Article 12 Limited Warranty
- EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE ADDITIONAL SERVICE AND THE SYSTEM ARE PROVIDED WITH NO WARRANTIES OF ANY KIND, AND FUJI XEROX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FUJI XEROX DOES NOT WARRANT THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGE FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE, LOST DATA, LOST PROFITS), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY, EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THE POSSIBILITY.
- If Fuji Xerox finds that Additional Service is not provided pursuant to the prescribed function specification, Fuji Xerox will make commercially reasonable efforts to correct such errors. However, Fuji Xerox makes no warranty that errors will be corrected.
Article 13 Compensation of the Damage
- Fuji Xerox shall be liable to you solely for normal and direct damages to the maximum extent of the sum of thirty hundred (3,000) Yen or the sum of your payment to Fuji Xerox for the Additional Service during the past six (6) months just before such damage occurred, which is higher, regardless of default of FX's obligation, torts and/or any other reason.
- Section 1 of this Article shall not apply to your damage due to FX's willful act or gross negligence.
Article 14 Changing the Additional Terms
The Additional Terms for Additional Service will be modified or changed in accordance with the Principal Terms.
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