Created: 2010/12
Updated: 2022/12/22

Brastel Co., Ltd. (hereinafter, the “Company”) hereby stipulates the following Terms of Service described on our websites, in brochures, and in other such marketing materials (hereinafter, “Websites”, etc.) to the Customer.
The following terms and conditions may be revised without prior notice. If revised, the revised terms and conditions will apply.
If there is any discrepancy between the following terms and conditions and those described on the Websites, etc., the terms and conditions described on the Websites, etc. for each service will take precedence.

Definitions

1. The company’s services (hereinafter, the “Services”) mean all the telecommunication services, including video and voice calls made available through telephone lines or the internet, and other associated services provided by the Company.
2. The “Customer,” the “user,” “they,” or “their” mean the person or entity using the Services.
3. The “Brastel Account” is a virtual account created by setting a PIN of the Customer’s choice.
4. The Company offers two types of calling cards: a rechargeable card (The Brastel Card) and a non-rechargeable card (The Brastel Prepaid Card).
   1. The Brastel Card service (hereinafter, “Brastel Card”) is a rechargeable telephony service provided by the Company through the use of a Company-issued calling card, containing a “card number,” an “access code” and a 4-digit “PIN” (hereinafter, “access code”) to make domestic and international calls through the use of one of the following access numbers: a specific “0091” toll-free telephone number, a “0120” free dial telephone number or a paid access “Free Less” number provided by the Company for access to the calling card service.
   2. The Brastel Prepaid Card service (hereinafter, “Brastel Prepaid Card”) is a non-rechargeable telephony service provided by the Company through the use of a Company-issued calling card with a face value, containing a “card number,” an “access code,” and a 4-digit “PIN” (hereinafter, “access code”) to make domestic and international calls through the use of a specific “0120” free dial telephone number provided by the Company for access to the calling card service.

Provision of Services

1. The Company will provide the Services, and the Customer may access and use the Services, in accordance with these Terms of Use. If the Customer is a minor, they must obtain the consent of their parent or guardian before using the Services.
2. In order to use the Services, the Customer must have a Brastel Card or must create a virtual account (hereinafter, the “Brastel Account”). The customer may provide their name, contact information and other personal information to the Company through the registration process governed by the Privacy Policy.
3. The Company offers no guarantee to the availability of the Services, as such availability depends on telephone lines and/or internet usage circumstances, or to matters outside the scope of the Company’s responsibility.
4. To protect the Customer and for service maintenance, the Company prohibits the use of all unfair practices when using the Services.

Registration of Telephone Number

When the Customer registers their telephone number with a Brastel Card or Brastel Account, they will no longer need to enter an access code. Therefore, anyone making a telephone call on the Customer’s telephone (the device to which the registered number corresponds) will automatically bypass the step of entering an access code.
Therefore, the Company recommends that, when the Customer uses a shared or public telephone (such as a telephone in a dormitory or any place where multiple persons share a telephone line), the Customer should not register the number of such telephone.
It is not necessary for the Customer’s contact telephone number to match the telephone number that is registered to the Customer’s Brastel Card, Brastel Account, or Postpaid account.
If the registered telephone number is changed or canceled, the originally registered number must be changed or deleted by the Customer. Please note that if the Customer fails to change or delete their registration details, a third party may use the Customer’s Brastel Card or Brastel Account without permission.

Control of Access Code

Customers must control their access code at their own responsibility to prevent a third party from using the code. Even if a third party uses a Customer’s access code without his/her consent, the Company will not be responsible for such use in any manner whatsoever. Please note that the Company will not, under any circumstance, reimburse call fees for completed calls. In addition, the Company will not, in any manner whatsoever, be responsible for any loss of a Brastel Card or any divulgation of an access code.

Use of softphones

1. The Company offers no guarantee, whether expressed or implied, as to the merchantability, fitness for a particular purpose, timeliness, accuracy, currency, legality, etc. of softphones.
2. The Company will not be responsible for any loss incurred by the Customer or claim made by a third party that is, whether directly or indirectly, caused by or related to the use or the inability to use a softphone.

Identification

The Company is entitled at any time to request a Customer for identification (such as a copy of identification documents and/or a valid passport) or certificate of residence (such as bank statements and/or most recent public utility bill).
If the Customer does not submit such identification documents designated by the Company, the Company will refuse the use of the Services.

Payment

1. The Company will not reimburse the Customer for any balance on a Brastel Card or Brastel Account for any reason. The Customer may terminate the services of Brastel Card or Brastel Account if they do not use an access code. Please note that if any balance remains on the Brastel Card or Brastel Account upon termination of use, the Company will not reimburse the customer for the balance.
2. For the purpose of avoiding any wrong payment, when the Customer pays the fees using the payment form, the Customer should check beforehand that the card number indicated on the Brastel Card and the card number indicated on the coupon correspond with each other. Next, the Customer should detach the payment coupon with a face value equivalent to the amount that the Customer would like to pay and bring the detached coupon to a convenience store.
   If the Customer uses the Smart Pit payment system, they should check that the card that the Customer has brought to a convenience store is the card that the Customer would like to use. If the Customer would like to print out an application ticket using Loppi at Lawson or Ministop or FamiPort at FamilyMart, they should check that the Smart Pit number is correctly entered. The Company will not inform the Customer of the Smart Pit number, so the Customer should check the description on the card.
3. When the Customer pays with the My Payment barcode, they should note that the barcode expires after midnight. They should not print or save the barcode screen for later use. They should not reuse the barcode for multiple payments. Otherwise, the convenience store might accept payments, but only the first one will be reflected in the Customer’s balance. They should also note that the barcode scanner in the store may not read the barcode properly if the screen has scratches on it or has a protection film. The barcode scanner may also not work properly if the screen is not bright enough. In this case, they should increase the brightness of the screen before showing it to the cashier.
4. If the Customer uses a credit card payment, personal information, such as the Customer’s name and internet usage environment, collected from the Customer will be passed to their card issuer for the purpose of detecting and preventing fraudulent use. In addition, if the card issuing company used by the Customer is located in a foreign country, such information may be transferred to the country to which the issuing company belongs.
5. If the Customer applies for the postpaid billing service, all fees will be payable in arrears. The Customer will be required to pay at their own responsibility the fees for all calls using a Brastel account. If the Customer wishes to terminate Brastel’s billing service, the Customer will be required to notify the Company at least 15 days prior to the desired date of termination. Amounts charged on or before the termination date will be invoiced within one week after the access code of the Customer’s billing account becomes non-operational and the Company will send an invoice to the Customer’s mailing address.

Expiration Date

The Brastel Card or Brastel Account (rechargeable) expiration date will be one year from the last payment day or last day of use and the Brastel Prepaid Card (not rechargeable) expiration date will be 1 (one) year or 180 days from the first date of use. The expiration date is written on the back of the card.
Please note that if the Brastel Card or Brastel Account expires the access code will be canceled and the remaining balance will not be refunded.

Call Fees

For the Brastel Card or Brastel Account (rechargeable) a call fee will be charged:
- every 6 seconds for all international calls;
- every 1 minute for domestic calls to a mobile phone;
- every 3 minutes for domestic calls to a landline.
For the Brastel prepaid card (not rechargeable) a call fee will be charged every 1 minute.
If the Customer uses Brastel’s 0091-20 prefix or a 0120 Free Dial number from Japan, no domestic call fee will be separately charged on the originator telephone. A domestic call fee will be separately charged when dialing a Free Less access number. If the Customer dials a foreign toll-free number, a fee may be charged. The list of charges may be revised without prior notice.

Suspension of Use

If any of the following events occur, the Company may suspend the Customer’s use of the Services (including Brastel Card/Account), without giving any notice or demand:

1. If the Customer fraudulently uses the Services;
2. If the Customer disrupts the Services operated by the Company;
3. If the Company determines that the Customer is implicated in any fraudulent action;
4. If the Company determines that the Customer has made or attempted fraud against the Company, illicit payment (use of stolen credit card, chargeback fraud and such), money laundering and prohibited transactions such as account trafficking;
5. If the Customer violates any terms of use prescribed by the Company; or
6. If the Company otherwise finds that the Customer is inappropriate as a customer of the Services.
   1. In any of the preceding paragraphs, the Company will permanently stop the Customer from using the service and forfeit any remaining balance.
   2. The Company reserves the right to share information of wrongdoing with other organizations.

Temporary Suspension of Services

If any of the following events occur, the Company may suspend the Services, either in whole or in part, without prior notice. The Company will not assume any responsibility for any disadvantage or damage suffered by the Customer or a third party due to such suspension.

1. When maintenance, inspection, and/or update of devices or systems for the operation of websites or provision of the Services are periodically or emergently performed;
2. When it is difficult to provide the Services due to war, act of terrorism, riot, commotion, labor dispute, earthquake, eruption, flood, tsunami, fire, power outage, or other event of force majeure; or
3. When it is otherwise necessary for the Company to temporarily suspend or discontinue the Services due to an operational or technical reason, or when the Company determines that it becomes difficult to provide the Services due to unforeseen circumstances.

Compensation for Damages

If the Customer or any third party suffers damages due to any provision, delay, change, interruption, temporary suspension, or discontinuation of the Services or other events occurred in relation to the Services, the Company shall not be responsible for such damages, except for the cases where the Company knowingly or through gross negligence causes such damages. In the event that the Company is liable for damages related to the Services, the Company's liability shall be limited to direct and ordinary damages.
　If the Customer causes damages to any third party when using the Services, the Customer will resolve any resulting dispute at its own liabilities and expenses and will not cause any damage to the Company.

Addition, Change and Deletion of Services Contents

The Company may at any time add, change, or delete contents of the Services. The Company will not be responsible for any damage suffered by the Customer due to such addition, change, or deletion.

Governing Law

The Services will be governed under the laws of Japan.

Jurisdiction

Any litigation in connection with use of the Services will be subject to the exclusive jurisdiction of the Tokyo District Court as the court of first instance.