The following Terms and Conditions stipulate the roles of HUBSHIP CO.LTD. (indicated hereon as “Our Company”) in providing translation services and interpretation services (indicated hereon as “Our Service”) between the customers who use Our Services and Our Company. To Use Our Service the following Terms and conditions will apply so please read them carefully.
The following words are used in Our Terms and Conditions.
- A person or company who applies to use our Service and agreeing with our Terms and Conditions is called “The User”.
- A person who wishes to be entrusted or already has been entrusted with the duties of Our Service from Our Company is called a “Translator” or “Interpreter”.
- “Translation Service”: is to be performed by using language. The contents of the translation in reference to the duty to be performed are to be fixed to a medium, such as a document or tape. This translation will be converted or translated into another language and in reference to the duty performed is to be fixed to a medium, such as a document or tape. Layout work however, after translation into another language, is not included as part of the translators duties.
- “Interpretation Service” is to act as a go-between of people who speak a different language and then facilitate the act of communication of semantic content of what someone says to another person or to multiple parties.
- Agreement on the Terms and Conditions
2.1.The User has to use Our Service by following by Our terms and Conditions.
2.2 The User is not allowed to cancel an agreement to Our Terms and Conditions.
2.3. In the event The User agrees to the Individual Terms and Conditions with Our Company, The User has to use our Service following the stipulations of not only Our Terms and Conditions but also the Individual Terms and Conditions.
- Modification and addition of Our Terms and Conditions
Our Company has no obligation to give prior notification to The User for any modifications or additions of the contents of our Terms and Conditions. Our company will give The User notification of the contents of the modifications or additions in the event Our Company codified or added to our Terms and Conditions. The modified or added Terms and Conditions become effective at the time the notification arrives to The User.
- The Contents and Utilizations of our Service
4.1. Our Company provides our Service to The User based on the contents of the Outsourcing Agreement (indicated hereon as “The Agreement”) where The User is to be Consignor and Our Company to be the Trustee.
4.2. This Agreement becomes binding at such time Our Company provides an estimate of the scheduled delivery date of the deliverables and a cost estimate to The User and The User agrees to Our Company’s delivery schedule and cost estimate.
4.5. Our Company claims rights to collect payment of Our Service from The User at the time of the completion of duties according to the agreed upon job cost. Our Company specifies separately the method of payment.
4.6. Our Company ensures, at our discretion, necessary corrections to any defects of the deliverables such as translated items according to our Service.
4.7. In the event The User cancels This Agreement after the contract has been agreed to, The User agrees to pay the cancellation fee to Our Company according to the following categories. Our Company specifies separately the method of payment.
4.8.1. The cancellation fee will be as follows in the event the consigned duties were a translation service.
A: The number of days including the order date and since the order date till the day that The User requested the cancellation while under agreement.
B: The number of days including the order date and since the order date till the scheduled delivery date.
- In case of A+B×100 10%, it is 30% of estimated remuneration.
- In case of A+B×100 30%, it is 50% of estimated remuneration.
- In case of A+B×100 50%, it is 70% of estimated remuneration.
- In case of A+B×100 70%, it is 90% of estimated remuneration.
- Regardless of 1 to 4 noted above, in the event of a cancelling after an agreement has been made within 2 days before or the day before or the day of the delivery date, the cancellation fee will be 100% of the cost estimate.
4.8.2. The cancellation fee will be as follows in the event the consigned duties were an interpretation service.
- If the User requests cancellation of an agreement 4 days before the scheduled interpretation day, the User’s cancellation fee will be 20% of the estimated job cost.
- If the User requests cancellation of an agreement 3 days before the scheduled interpretation day, the User’s cancellation fee will be 30% of the estimated job cost.
- If the User requests cancellation of an agreement 2 days before the scheduled interpretation day, the User’s cancellation fee will be 50% of the estimated job cost.
- If the User requests cancellation of an agreement the day before or the day of the scheduled interpretation day, the User’s cancellation fee will be 100% of the estimated job cost.
- Obligation of The User
5.1. The User prepares, installs and operates any machinery, software and communication means to connect to the internet with their own responsibility and expense.
5.2. The User guarantees to Our Company that The User will not infringe on a third party’s Intellectual Property Right by using Our Service.
5.3. In the event The User is identified by Our Company infringing on a third party’s Intellectual Property Right by using Our Service, The User must cease using Our Service immediately and stop using the deliverables from Our Company and The User takes measures of reparation from the act of aggression.
- Prohibited Matters
The User is prohibited to engage in the acts described in each following clause.
6.1. The User violates laws of ordinances or judgment and decisions of the court or violates administrative measures against the laws and regulations of the binding force.
6.2. The User acts to harm public order and moralities.
6.3. The User commits fraud or intimidation to Our Company, other Users or a third party.
6.4. The User commits infringement or the act of its potential to the intellectual properties, copyright, privacy, credit and any other rights or profits of Our Company, other Users or a third party.
6.5. The User commits an act of impersonation to any third party or intentionally disseminates false information.
6.6. The User commits an act of payoff or cooperation to antisocial forces.
6.7. The User commits an Illegal collection, disclosure or providing of another party’s personal information, registration information or usage history, information and so on.
6.8. The User commits the act of applying an excessive load to the network or system of this Service.
6.9. The User engages in Illegal access to the general system that is connected to Our Service or illegally rewrites or deletes information stored in our facility or any other acts to give any damage to Our Company.
6.10. The User commits Reverse engineering
6.11. The User engages in the act of assistance or encouragement that corresponds to any of the paragraphs noted above from 6.1. to 6.10.
6.12. The User engages in any other acts that Our Company judges as inappropriate.
- Measures taken in the event of Breach of Contract
If HUBSHIP CO.LTD. decides The User committed, engaged in, corresponds to, or if the potential exists for application to the following clauses, Our Company can stop or restrict the User from use of Our Service. After Our Company stopped and restricted the use of Our Service, The User can not be exempt from any obligations or responsibilities of the Agreement. Not only this, but also including any Damage Compensation Obligation. Our Company doesn’t assume any responsibility for any damage that occurs to The User by the acts that Our Company does based on our Terms and Conditions. After Our Company stopped and restricted The User to use Our Service, Our Company can possess and utilize any information that was or is provided by The User to Our Company.
7.1. Violation of any Articles of the Terms and Conditions.
7.2. If all or any part of the information that has been provided by The User proves to be false.
7.3. The User falls into a situation of suspension or delay of payment or becomes insolvent, or a petition is filed for the institution of proceedings for bankruptcy, civil rehabilitation, corporate reorganization, special liquidation or anything that is similar to this.
7.4. The User dies or falls under order to commencement of Guardianship, Curatorship or Assistance.
7.5. If there is no response for more than ___ days to the inquiries or contact from Our Company.
7.6. Using Our Service, if you have been subject to measures of suspension of use or you have received a current measure of suspension of use.
7.7. If The User was under legal age or is a person under curatorship or assistance or didn’t obtain an agreement from a legal representative, curator or assistant.
7.8. Our Company decides that it is necessary for the management and maintenance of the Service.
7.9. Anything that applies to each paragraph prior.
- Modification, Addition, Discontinuance and Interruption of This Service
8.1. Our Company can modify or add to all or part of the content of This Service agreement without prior notice.
8.2. Our Company can stop operating all or part of our Service. Our Company will inform The User in the most suitable way however in case of an emergency, Our Company will not give notification of changes.
8.3. When the reasons occur to apply any paragraph below, Our Company is allowed to be temporarily suspended of all or part of Our Service without prior notice.
8.3.1. In the event of regular or emergency maintenance or repairing concerning the hard, soft or communication equipment facility to provide This Service.
8.3.2. Due to access concentration or if another unexpected factor gives excessive load to the system.
8.3.3. The security of The User needs to be secured.
8.3.4. If our service due to telecommunications operators cannot be provided.
8.3.5. If difficult to provide The Service due to force majeure such as natural disaster.
8.3.6. If it becomes impossible for our company to operate This Service because of laws of ordinances and the measures based on them.
8.3.7. When Our Company deems necessary to follow the prior clauses.
8.3.8. Our Company does not assume any responsibility of damage that occurs to The User caused by measures that Our Company proceeded with based on this Article.
- Damage Compensation
9.1. The User violating The Terms and Conditions or in the case of giving damage to Our Company by using Our Service, The User is obligated to compensate for all damage including lawyers and other professional fees and Our Company’s labor cost equivalent amount.
9.2. In the event Our Company is claimed of an infringement or other reasons by a User or a third Party due to the use of Our Service by The User, The User is obligated to compensate the full amount Our Company is forced to pay and also the expense that Our Company covered to settle a dispute including the lawyers and other professional fees and Our Company’s labor cost equivalent amount.
9.3. Our Company does not assume any responsibility for compensation of damage that Our User suffers due to the use of Our Service. Furthermore, with the application of the Consumer Contract Law and any others, regardless of this clause or any other of Our Company’s specifying exemptions from damage compensation responsibility, Our Company takes no damage compensation responsibility. In exceptional cases, the range of Our Company’s compensation responsibility may be limited to realistically occurred damage and direct and normal damage which were caused by reasons attributable to Our Company.
- Denial an exemption of Warranty
10.1. Our Company does not give a warranty of Our Service and their contents indicating information, data, documents, characters and so on. The same shall apply hereafter, that The User can obtain to conform to The User’s particular purpose and The User’s applicable law or internal rules of business organization by using Our Service.
10.2. Our Company does not give a warranty that the provided contents through Our Service be legally available or does not infringe to a third Party’s rights.
10.3. Our Company doesn’t guarantee Our Service corresponds to all communication terminals.
10.4. Our Company does not assume any damage compensation responsibility caused by interruption, suspension, termination, unavailability or modification of providing of Our Services or deletion or loss of outgoing information by The User though Our Service. Equipment failure or loss and damage caused by the information of the contents or the third Party’s contents or whatever reason or the damage caused and related occurred through Our Service.
10.5. The information that is possessed by Our Company is kept under the proven environment by Our Company with high safety. However, Our Company does not guarantee the complete safety and reliability of possession of information and Our Company does not assume any compensation responsibility for any damage occurred by the loss of stored information or any other loss.
11 Governing Law, Jurisdiction and Mutual Agreement
11.1. The Terms shall be governed by the Laws of Japan.
11.2. It is agreed that the exclusive jurisdiction for all disputes arising with regards to The Terms and Conditions shall be the Tokyo District Court in the first instance.
11.3. When a question arises for The Terms and Conditions or if the circumstances other than those specified in The Terms and Conditions has occurred, Our Company and The User, upon mutual consultation, will solve this in good faith.
Date of Enactment: September, 15, 2017