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Agreement for utilization

  The general Terms and conditions for use of Technology Support Services (TSS) contract are listed below.
These terms and conditions apply to all types of TSS menu unless special contracts are prepared and accepted by both the Client and InfoCreate Co., Ltd. (IFC).
 
A. Application request for services utilization :
 
A-1. Reservations of test facilities end around the 21st of every month. To make a reservation, please use the "TSS aplication form".
About Facility availability information, please contact us.
  A-2. Submitting the "TSS application form" shall be treated as provisional booking. On the basis of this document, IFC examines the requirement, sets up a schedule for the tests requested and sends a confirmation notice which IFC fills it out and then the Client looks it over, approve it, and sends it back to IFC. After IFC receives this form, application process will be treated as complete.
  A-3. IFC will try to match client's requested schedule and, if necessary, will notify and negotiate for change of schedule by telephone, e-mail, or faximile.
  A-4. The client can use the TSS application form to request non fixed price TSS services. In such a case, IFC will draw up a special contract.

 

 

B. Changes/ cancellation of Contract Agreement
 
  The last date to make any changes or cancel after application is submitted is two business days before the date scheduled for your tests. By modifying or cancelling an agreement after that time, the Client may incur higher costs or some other penalty. For example, the fee for the booking service may not be refunded.
 

 

C. The Price list

 
  For the fees for our services, see our "Technology Support Services" homepage.
The fee shall be remitted by bank transfer to our specified bank account by the end of the following month after the day on which you use our services, as specified in the statement we issue.
If some other mode of payment is agreed on between the Client and IFC in advance, that agreement will supersede this requirement.

 

 

D. Mode of services

 
 

The modes of service offered are as follows:

D-1. Entrusted testservices

  • The client shall include all relevant documentation with the test items.
  • After the client's test items are received, a service representative of the appropriate technical group will be assigned to do the test.
D-2. Attended test services
  • A service representative of the appropreate technical group will be assigned to do the test and provide support along with the Client's assigned person or team.

 

E. Important notes regarding transportation

 
  The Client shall make the necessary arrengements for sending and returning the test items. The Client shall bear the expenses for transportation of the test items. These arrangenents are subject to change, as specified in a special agreement between the Client and IFC.
IFC (including subcontracted vendors,here-in-after included in the term "IFC" shall not be responsible for any damage or losses incurred in accidents during the transportation of test items.
 

 

F. Damage of test equipment / test items during testing

 
  In TSS, tests and analyses will require various tasks and processes. All possible precautions will be taken to handle the test items with the utmost care. However IFC will not be responsible for any damage to the test items that occurs during testing or analysis.
IFC has no responsibility for the contents of the test, the analysis and the test results.
Any injury of a IFC staff member , and any damage or breakage in the IFC facility, if it is due to the Client's negligence to a failure of test items, or to the Client's activities in the test facilities, is the Client's responsibility. The Client shall be charged all compensation expenses, expense to replace or repair facilities (including additional construction or installation, etc.), or expenses needed for renovation. The Client should bear these considerations in mind when selecting items to be tested. 

 

G. Confidential information protection

 
 
  • The Client shall inform IFC in advance of any confidential information related test items. The Client and IFC shall enter into IFC's standard confidentiality agreement if necessary.
  • IFC shall not be responsible for loss of data or software product included in the test items. The Client shall have the responsibility for backing up the data or  software product.
  • The Client shall not enter any facilities other than the designated space in the IFC facility
 

 

H. Rights for Reference materials

 
 
  • By the terms of this contract, the materials delivered to our customers including documents contains some reference materials, software product ( except the software product supplied under another contract ) which are used under our "Service" and other literary work (referred to hereinafter as "Materials" ), the copyrights which is made up for client shall belong to the client. However, we take the advantage of the "Materials" to "Use" (This means regarding software product, we download it in a machine, and running, and regarding materials, we peruse and refer to it as is), reproduce, make secondary material and another mode. IFC shall have right to use, including in and out of Japan where the permission to use is valid.  
  • The right of the existing material supplied to the client shall reserve with IFC. The Client can "Use" the existing "Materials" for purpose of use only unless another written agreement exists.
    If you insert a part of or all of the existing materials, or modify in to your own "Materials" said in the previous lines, the right of this existing materials still does not affect by any of these insertion, and you have the right to use this existing "Materials" within necessary limits and using your right about your own materials said in the previous lines.
  • If "Service" includes modification, changes, translation, etc., of a software product that is provided under another contract, your right to the new issue made by these works applies to the regulations of these software products under another contract. In this case, you must obtain permission from the owner of the software product or a person who has the right to give permission to use the software product.
  • Unless another regulation is determined, regarding any Intellectual Properties that the person concerned acquires during the process of work under this contract, he or she shall not pay any considerations or shall not ask for any agreement, but they can use, carry out, permit and transfer with self-right.

 

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