Terms of Use

Brastel Co., Ltd. (hereinafter, the “Company”) hereby stipulates the following Terms of Use of our service described in our websites, brochures and such (hereinafter, “Websites”, etc.) to our customers.
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 in the Websites, etc., the terms and conditions described in the Websites, etc. for each individual service will take precedence.

Provision of Services

  1. The Company offers no guarantee as to the availability of telephone services and other services associated thereto (hereinafter, “Services”), as such depend on the line usage circumstances, or with respect to matters outside the scope of the Company’s responsibility. The Company will not assume any liability in any manner whatsoever in the event a Customer suffers any damages due to the unavailability of the Services.
  2. To protect our Customers and for service maintenance, the Company prohibits the use of all unfair practices when using the Services.

Registration of Telephone Number

In the event that a Customer registers his/her telephone number with a Brastel Card, if the Customer does not enter an access code, anyone can make a telephone call by using the Customer’s telephone and access code.
The Company recommends that, when a Customer uses a shared or public telephone (such as the case of a telephone in a dormitory or where multiple persons share a telephone line), the Customer should not register the number of such telephone.
It is not necessary for a Customer’s contact telephone number to match the registered telephone number for a Brastel Card or that of a billing account.
If the registered telephone number is changed or cancelled, the originator number registration must be changed or deleted.
Please note that if a Customer fails to change or delete the registration, a third party may use the Customer’s card 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, and the Company will have no legal defect liability for 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 any balance of Brastel Card for any reason. A Customer may terminate the services of Brastel Card if he/she does not use an access code. Please note that if any balance remains on the Card upon termination of use, the Company will not reimburse the balance.
  2. For the purpose of avoiding any wrong payment, when a Customer pays the fees by using the payment form, please check beforehand that the card number indicated on the Card and the card number indicated on the coupon correspond with each other. Next, please detach the payment form with the face value equivalent to the amount that the Customer would like to pay, and bring the detached form to a convenience store. If the Customer uses the Smart Pit payment system, please check that the card 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 by using Loppi at Lawson or FamiPort at FamilyMart, please check that the number of Smart Pit is correctly entered. As the Company will not inform the Customer of the Smart Pit number, please check the description on the card.
  3. If the Customer applies for the billing service, all fees will be payable in arrears. The Customer will be required to pay at his/her 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 of the Card

The Brastel Card expiration date will be one year from the last payment day or last day of use. Please note that if the card expires the access code will be canceled and the remaining balance will not be refunded.

Call Fees

A call fee will be charged every 6 seconds.
If a Customer uses Brastel’s prefix of 0091-20, IP access (the originator is limited to Yahoo! BB Phone or KDDI Hikari Direct), or toll-free 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 a 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 occurs to the Customer, the Company may suspend the Customer’s use of the Services, without giving any notice or demand:

  1. If the Customer fraudulently uses a Brastel Card access code;
  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 occurs, 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 a 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 a 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 in any manner whatsoever, except for the cases where the Company knowingly or through gross negligence causes such damages.
If a 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, in any manner whatsoever, 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.