Terms of Services
1. Purpose
The purpose of this Terms of Service (the “Agreement”) is to set forth all the matters of conditions of use and fees of EduCrypt service (the “Service”) provided by AppSquadz Software (the “Company”).
2. Effect and Modification of Agreement
2.1 This Agreement shall come into effect when it is publicly noticed to the Customer by posting or giving notice of it on the homepage of EduCrypt, service menu and Company or, in other ways.
2.2 Applicable laws and regulations shall determine any necessary matter not set forth herein and customary practices.
2.3 If the Company considers as necessary, the Company may modify this Agreement by giving 7-day public notice: provided that any modification of this Agreement or detail of Service which is disadvantageous to Users, the company will provide such information at least 30 days before the application of such modification. In addition, if necessary as required by the laws, an order, direction, and recommendation of the government, judgment of the court, changes in applicable policies of Company and another entrepreneur, the Company may modify or suspend the entire or part of the Service. In such event, the Company will make public notice or notify in a way as outlined in the preceding Paragraph 2.1 at least 15 days before the application date thereof.
2.4 Any Customer not consenting to the modified Service or Agreement may request for termination of use of Service to the extent that the details of such modification belong to an important one.
3. Construction of Agreement
Any matter not set forth herein shall be determined by applicable laws and regulations, including the Framework Act on Telecommunication and the Telecommunication Business Act, and Company’s rules such as its guidelines on detailed use.
4. Definitions
4.1 As used herein, the following terms mean the following meanings:
4.2 “Service” means EduCrypt cloud service to be provided to Users by the Company.
4.3 “Site” means the associated sites or related sites designated on the website EduCrypt operated by the Company for providing EduCrypt Service.
4.4 “Customer” means any individual, sole proprietor, or corporate entity who consents hereto and receives an ID and Password for using the Service under the details and procedure as designated by the Company.
4.5 “Master” means a person representing a Customer to the Company who has been issued an ID by registering while the Customer enters into a Service use agreement.
4.6 “User” means a Customer is accessing the Site and receiving the Service provided by the Site hereunder who has been given a user ID of Service under the control of Master.
4.7 “Customer Unique Identification Number” means an ID and Password as a number necessary for the provision of Service.
4.7.1 “ID” means a combination of characters and numbers set up by a User and approved by the Company or Customer’s e-mail address for Customer identification and the Company’s approval.
4.7.2 “Password” means a combination of characters and numbers set up by a Customer to protect secrecy from securing that the Customer is the one corresponding to the ID set up by themself.
4.8 “Self Authentication” means to confirm whether a Member is the Customer corresponding to the ID set up by the Member When signing up.
4.9 “Post” collectively means the information including the message, photos, and various files and links in the form of sign, characters, sound, image, video, and other information posted by the operation and Customer in the Service and individual Service, including bulletin board.’
4.10 “Spam Mail” means profit-seeking advertising e-mails transmitted on a large scale against the will to reject to receive such emails or without consent of the recipient.
Use of Service
5. Application for Service Use
5.1 Service use agreement shall be entered into When the Customer consents to this Agreement and files an application for Service use, and the Company approves it.
5.2 In applying, Service use, the Customer shall provide their actual name and basic information. If any Customer unlawfully uses a false name or false information, they cannot enjoy the rights as set forth herein, and the Company may terminate the Service agreement.
5.3 Any Service information as filled out in the membership application shall be deemed as actual data, and any User not filling out basic knowledge cannot be lawfully protected.
6. Acceptance and Restriction on Service Use Application
6.1 If the Customer faithfully and correctly fills out the information as outlined in the preceding Clause 5, the Company will approve such application without extraordinary reason.
6.2 If the case falls under any of the followings, the Company may reject such application:
6.2.1 When the Customer files such application by not using their real name or by using the name of others without the consent of others;
6.2.2 When the Customer fills out falsely its information;
6.2.3 When the Customer is registered as a delinquent borrower under the ‘Act on Use and Protection of Credit Information’;
6.2.4 When there is a concern that customer would violate laws, regulations, public order, and public morals;
6.2.5 When the Customer desires to use the Service for wrongful usage;
6.2.6 When the equipment is broken down due to act of God;
6.2.7 When it is considered that the provision of Service causes difficulty in maintaining overall service quality of Company;
6.2.8 When the Customer is in default on service fee;
6.2.9 When facilities are not enough to provide Service or the provision of Service is problematic due to technologies;
6.2.10 When there is a harmful element or concern about operation and business of Company;
6.2.11 When the Service use is re-applied or modified on the date of termination or modification of the Service; or
6.2.11 When the approval of use is difficult for the reason of other circumstances of Company.
6.3 If any of such causes as outlined in the preceding Paragraph 6.2 after completing the use application process is found, the Company may withdraw its acceptance of use.
6.4 Should the acceptance of use be rejected, suspended, or withdrawn under the preceding Paragraphs 6.1, 6.2, or 6.3. The Company shall immediately inform the Customer of the contact information filled out by the Customer. However, suppose the company cannot send such notice due to unidentified contact due to incorrect details filled out by the Customer applying use. In that case, the Company shall not be responsible for it, and the Customer filling an application for use shall check it through inquiring.
7. Modification
7.1 If the case falls under any of the followings, the Customer shall inform the Company by submitting a contract modification application form (for a corporate entity, if the company name is changed, its business license shall be attached) in which it is filled out or information modified in online:
7.1.1 When any change in the company name, name, address, or contact of Customer is made;
7.1.2 When any change in business license certificate of Customer, information of corporate entity and individual is made;
7.1.3 When any change in details of Service (including type and term of the contract) is made; or
7.1.4 When any change in the way of paying fees is made.
7.2 If the case falls under any of the followings, the Company may restrict the application under the preceding Paragraph 7.1.
7.2.1 When such application is filed more than spare system capacity secured by the Company; or
7.2.2 When the Customer is in default on the fee.
8. Renewal of Agreement
8.1 Unless the Customer expresses its intent to terminate this Agreement before the expiration of the existing Agreement under Paragraph 10.1 hereof. The Agreement shall be deemed to be renewed at the same terms and conditions of the current Agreement.
9. Succession of Status of Customer
9.1 If the status of Customer is succeeded for the reason of succession, merger, split, business transfer, and others as necessary considered by the Company, the Customer shall file a written application with the Company along with a copy of business license certificate and relevant documents proving such succession of status within 30 days from the date of occurrence thereof.
9.2 Should the Customer status be succeeded, the obligation of payment of outstanding Service use fee shall be deemed to be followed. The succession of a Customer’s situation means modifying essential items for identifying the Customer’s identity, including improving the company name, representative, and the person responsible for paying the fee.
10. Termination and Notice
10.1 Any Customer desiring to terminate this Agreement shall express its intent to terminate through submission of termination application form with the Company at least 30 days before the selected date of termination directly online.
10.2 If the case falls under any of the followings, the Company may terminate this Agreement at its discretion:
10.2.1 When the Customer uses the name of others, falsely fills out registration information of corporate entity and applicant online, or attaches false relevant documents;
10.2.2 When the Customer rejects or disturbs the check of the actual condition of use without justifiable reason and covers up any breaches of contract;
10.2.3 When the Customer fails to remedy the cause of use suspension within one (1) month from the commencement date of such suspension;
10.2.4 When the Customer does not request for resumption of Service within one (1) month from the expiration date of temporary suspension of Service;
10.2.5 When the suspension of Service use is imposed against the Customer three times and more in a relevant year;
10.2.6 When the Customer infringes on any intellectual property right of Company, other Customer or a 3rd party;
10.2.7 When the Customer causes any severe disturbance in system operation or willfully disturbs such process;
10.2.8 When the Customer violates Customer’s obligations as outlined in the provisions of this Agreement including Clause 20 (Customer’s Obligations);
10.2.9 When the Customer unfairly uses any other person’s personal information including User ID and confidential information;
10.2.10 When the Customer improperly uses, accesses, reproduces, distributes, and installs the programs provided for another usage;
10.2.11 When the Customer reproduces, distributes, or commercially uses any information and materials obtained by using Service information without prior approval of Company; or
10.2.12 When the Customer violates this Agreement and other conditions of use as designated by the Company.
10.3 If the Company desires to terminate this Agreement under this Clause, the Company shall give the Customer a notice through the contact information submitted by the Customer at least seven days before that. Should the Company fails to provide such notice due to anonymous contact information, the Company shall be deemed to have performed its obligation to give such notice When it posts such news on its homepage of Service EduCrypt for two weeks.
10.4 Upon termination of Service under the preceding Paragraphs 10.1 and 10.2, all the resources assigned to the Customer’s system shall be collected, and the company will delete all the Customer’s information and materials stored in the system: provided that the company will keep the accounting data and data related to the Customer account for six months.
10.5 Notwithstanding the notice under the preceding Paragraph 10.3, the Customer shall be deemed not to object to termination When the Customer fails to give its opinion at least two days prior.
Commencement and Use of Service
11. Use of Service
11.1 The service hour shall be 365 days a year and 24 hours a day without great reason, in principle.
11.2 The days and hours When the Service is not provided as agreed by the Customers or the ones necessary for regular inspection shall be exceptions to the Service hours.
12. Management of Customer Unique Number
12.1 The Customer shall be responsible for managing and using their ID and Password.
12.2 The Customer shall also be fully liable for the damage arising out of the negligence in using the Service or wrongful use of a 3rd party caused by the ID and Password informed to the Customer: provided that this shall not apply to the damage arising out of willful misconduct or gross negligence of Company.
13. Restriction and Suspension of Use
13.1 The Company may restrict or suspend the use of entire or part of Service When the use of Service is disturbed due to national emergency, failure of service equipment, a flood of service use, and service failure of the critical telecommunication service provider.
13.2 If Customer’s use of Service falls under any of the followings, the Company may restrict the entire or part of such use or suspend such use for the period not exceeding 30 days if otherwise expressly set forth herein:
13.2.1 When the Customer fails to perform its obligations as outlined in Clause 20 (Obligations of Customer);
13.2.2 When the Customer posts or provides any data violating applicable laws and regulations in the server or storage spaces;
13.2.3 When the Customer discloses or serves to others any content not permitted by the Company;
13.2.4 When the maintenance of service use agreement is considered as problematic due to bankruptcy, insolvency, application for mediation, attachment, and provisional attachment which is executed against the Customer or their main property;
13.2.5 When the Customer infringes on the intellectual property right of Company, other Customers or a 3rd party;
13.2.6 When the demand of remedy of external agencies such as India Internet Safety Commission or authoritative interpretation of national election commission is imposed against the Customer;
13.2.7 When the Customer wrongfully uses any ID, Password, and other information of corporate entity and individuals;
13.2.8 When the Customer damages other Customers using the same server due to occupation or load rate;
13.2.9 When the Customer uses a program giving excessive overload or causes an infringement on the system of Company (including invasion of malignant code) arising out of the fault of Customer;
13.2.10 When the Customer resells, shares, or distributes the Service or its part to a 3rd party without the approval of Company (including an act of access to/ use of the system); or
13.2.11 13.2.1 When the Customer violates the condition of use designated by the Company, including other applicable laws and regulations and this Agreement.
13.3 If the case falls under any of the followings regarding spam mail, the Company may restrict on the use of Service and suspend the use of Service for the period not exceeding 30 days if otherwise expressly stated herein:
13.3.1 When the Customer sends spam emails through the account server provided by the Company;
13.3.2 When the Customer uses Company’s server in the link such as media file including the image out of the contents of spam emails sent;
13.3.3 When the Customer causes a link of contents of spam mails sent to move to the Service account provided by the Company or advertises such account;
13.3.4 When the Customer’s account is designated as a spam-related account by recognizable span related agencies or ISP; or
13.3.5 When the Customer fails to perform its obligations under Clause 20 hereof
14. Restriction or Suspension on Use, and Termination Process
14.1 In restricting or suspending the use under Clause 13 (Restriction and Suspension of Use) hereof, the Company will inform the Customer or their agent by email or telephone call by fixing the reason, date, and period thereof at least 24 hours before that: provided that this shall not apply to the case where such restriction or suspension is considered as necessary due to emergency.
14.2 Any Customer receiving a notice of such restriction or suspension under the preceding Paragraph 14.1 may file an objection to that. The Company may temporarily delay such limitation or break for the period of check for such filing.
14.3 If the cause of restriction and suspension of use is removed during the period of such condition and rest, the Company shall immediately lift such restriction and suspension and inform the relevant Customer.
14.4 In suspending the Service due to suspension of use, the Company may withdraw the Service (including deletion of information and material) from the Customer. Customer shall complete withdrawal of Service after the lapse of 3 days without separate notice. The Customer shall not file a damage claim for the loss incurred by the Customer caused by deletion of data. However, upon notification of suspension of use, the Customer shall be prepared for such loss by taking direct advance measures (including data backup).
15. Temporary Suspension of Service
15.1 Desiring to the temporary suspension of Service upon the cause for the Customer not to use the Service, the Customer may apply therefore with Company. The Company will make temporary suspension of Service to the Customer for the period as requested by the Customer satisfying the following requirements: provided that such suspension may not apply to specific characteristics of goods and Company’s circumstances:
15.1.1 the Customer has not been in default on the payment of user fee for not less than two months;
15.1.2 the Customer continues the Service for six months and more extended;
15.1.3 The period of such suspension is 90 days at maximum; and
15.1.4 Such suspension may be applied only once each year.
15.2 Desiring to resume to use the Service, the Customer shall inform the Company, and the Company shall continue to provide the Service to the Customer within two days from the date of receipt of notice without extraordinary reason of disturbance.
16. Pause of Service Use
16.1 If the. The company cannot provide the Service for unavoidable reasons, including construction work for system improvement, an increase of equipment, regular inspection, and facilities management. The Company may suspend the use of Service by giving prior notice to the Customer (in such event, this shall not be deemed a failure of Service). Upon the disappearance of such reason, the Company will make the Service available to the Customer immediately.
Service Maintenance and Failure Treatment
17. Maintenance and Repair of Equipment such as Server
17.1 To provide the Service, the Company shall always be responsible for maintaining and repairing required equipment for service provision to Customers at the level that the Customers will be able to use them consistently.
17.2 The Customer shall take necessary measures (including patchwork and security measures) for system security.
18. Emergency Situation for Security
18.1 Upon the occurrence of deficiency, failure of programs, and other equivalent incidents requiring severe and emergent measures for security, the Company may take necessary steps and uniformsy carry out the patchwork (correctional work) for the relevant part of the Customer.
18.2 Upon request for severe or urgent measures for security, the Company may modify any authentication-related information of the Customer.
18.3 Before taking emergency measures as outlined in the preceding Paragraphs 18.1 and 18.2, the Company shall inform customers through a public notice on its homepage or email. However, suppose such information is, challenging to be given due to urgent situation. In that case, the Company shall notify customers through public message or email even after taking such measures.
Obligations of Contractual Parties
19 Obligations of Company
19.1 The Company may allow any Customer to use the Service on the desired date of Service use as stated in their application for the benefit of Service and is obliged to provide the Service continuously and stably: provided that, if such use is not available on such date, the Company will inform to the Customer in the way of a telephone call, email, and mail.
19.2 The Company shall not divulge, distribute or use for commercial purpose any Customer information obtained related to the provision of Service under the ‘Act on Promotion of Use of Telecommunication Network and Information Protection’ unless otherwise required under due process as prescribed in the laws including the cases as required by competent agencies for investigations under applicable laws and regulations, as requested by the Indian Communications Commission.
19.3 The Company makes its best effort in providing the best convenience necessary for the process and details related to the contract with the Customer, prescribed including execution, modification, and termination of use agreement.
19.4 If any opinion or complaint presented by the Customer is recognized as legitimate, the Company shall immediately respond to that: provided that, if such immediate response thereof is complex, the Company shall inform the Customer of the reason and treatment schedule through email, bulletin board, and telephone call.
19.5 For Customers’ information and data related to the Service, the Company applies a security level with the one applied to similar information and data. In addition, insecure security and confidentiality or prevent destruction, loss, and improper access and use of Customer’s information and data, the Company establishes and operates the system and process as required by applicable laws, regulations, and industry standards: provided that the responsibility of Company shall be discharged or res, tricked in its nature of cloud computing using the internet and virtual environments as follows:
19.5.1 The Customer uses the Service solely bearing the risk by itself, and the Service is provided ‘as it is basis, and ‘as it is to be used. The company shall manage all the Customer’s information and data at the risk of the Customer.
19.5.2 Unless otherwise stated herein, the Company disclaims any express or implied conditions, representations, and warranties, including any implied warranties of merchantability, fitness for a particular purpose, or implied warranty of non-infringement any other security from the transactional process and commercial transactions.
19.5.3 The Company shall not be liable for any direct damage, indirect, incidental, special, consequential, or punitive damage and the damage or loss caused by the loss or damage of Customer’s information and data due to hacking.
19.5.4 The exact provisions of this Clause shall also apply to any Customer’s information and data backed up through the Company’s storage backup service for regular back-up and maintenance of such information and data for a certain period.
19.6 Upon the occurrence of the problem. The company shall make its best effort in promptly taking measures, proving continuous and stable services, including network failure.
20. Obligations of Customers
20.1 The Customer shall comply with the matters as prescribed in this Agreement and applicable laws and regulations and shall not commit any act that may cause striking disturbance in the Company’s business performance.
20.2 The Customer shall be responsible for paying the fees as stated herein in consideration of its use of Service.
20.3 The Customer shall be fully responsible for all the problems arising out of their failure to make payment: provided that this shall not apply to an issue arising out of the negligence of Company or other causes recognizable to the Company.
20.4 The Customer shall protect their information and system from the invasion of virus program or illegal external invasion through the account used by the Customer.
20.5 Upon changes in contractual matters, including the address, contact, and business license registration number, the Customer shall promptly inform the Company. Otherwise, the Customer shall be responsible for any disadvantages caused by neglect thereof.
20.6 The Customer shall be fully responsible for managing and preserving the Customer’s information and data regarding the Service. Therefore, the Customer shall use the encryption method for such information and data, if necessary, back up. They divided them into separate storage regularly and consistently, applied other latest security patches or updates.
20.7 If the Customer provides any different services to other customers or a 3rd party by using this Service, the Customer or other person creating relevant information shall be responsible for any dispute related to all the information and data related to such services (for example, data file, text message, computer software, music, audio file or another sound, photo, video or another image). If any claim is filed against the Company for the reason of certain information and data, the Customer shall indemnify the Company.
21. Protection of Personal Information of Customer
21.1 The Company makes its effort to protect Customer’s Personal Information, including Customer’s registration information as prescribed in applicable laws and regulations. Any matter of protection of Customer’s Personal Information shall be determined by applicable laws and regulations and the ‘Privacy Policy’ of Company.
22. Consignment of Personal Information
22.1 The Company shall carry out its business of treatment and management of Personal Information collected by itself, in principle. However, it may consign to a company selected by the Company the entire or part of such business if necessary. Any matter of consignment of Customer’s Personal Information shall be determined by applicable laws and regulations and the ‘Privacy Policy’ of Company.
Service Use Fee
23. Calculation and Settlement of Service Use Fee
23.1 The Company posts the Service fee and modification thereof on its Service site
23.2 The Service use fee policy differs by-products and individual Services, including Service use fee and free fee based on user volume. Any price not publicly noticed at the Service site shall be determined as separately consulted between the Company and the Customer.
23.3 Service use fee does not include the value-added tax and is calculated from the commencement date of Service.
23.4 Any Service use fee shall be calculated based on the Service use fee for a relevant month from the 1st day to the end of such month.
23.5 If the Service use starts in the middle of a month, the Service use fee shall be calculated by the number of days from the commencement date of Service to the end of such month.
23.6 Upon termination of Service, the Service use fee shall be calculated by the number of days of use up to the initial date of the termination date of Service termination month: provided that, if the application date is the same as the termination date, the Service use fee shall be calculated by one-day use fee.
24. Payment and Charge of Service Use Fee
24.1 The Company shall send an invoice of service use fee to ensure that such invoice will arrive at the Customer at least five days before the payment. The Customer shall make payment for such invoice on the payment date as stated by the Company therein or before.
24.2 For the notice to be given to the Customer, the Company may substitute it within divided information by posing it on its homepage of Service EduCrypt.
24.3 The means of payment of Service use fee for Service use are as follows:
24.3.1 If the type of Customer is a divided domestic (Indian) business owner: one of credit card, account remittance, and dedicated virtual account will be selected, or
24.3.2 If the type of customer membership is other than those outlined in Subparagraph 24.3.1: Credit card
24.4 Unless the Customer expresses its intent to terminate here. The Company will continue to charge the use fee in the way outlined in preceding going Paragraph 24.1.
24.5 The Company does not charge any fee to the Customer for suspension periods of Customer’s use of Service under Clause 15 hereof.
24.6 The Company does not want cha to the Customer any Service use fee for the period When the Customer cannot use the Service without their fault.
24.7 If non-delivery of the invoice is recognized without the Customer’s fault, the Company will not charge any additional amount to the Customer.
24.8 The Company may charge Service use fee to the Customer for the use fees (including multiple outstanding payment) When the Customer uses multiple Services by combining into a ,the single invoice.
24.9 If the Customer deposits use fees under the name of others, the Customer shall inform the Company. The Customer shall be responsible for the suspension of Service or disadvantages caused by failure to notice such deposit.
25. Payment Obligations of Service Use Fee
25.1 The Custoagreeingment shall be responsible for making payment of Service use fee: provided that, if a 3rd applies to for Service use agreement on the condition they will pay the service use fee, such 3rd party shall be primarily for making the payment, and if such 3rd party fails to make such payment, the Customer shall be secondarily responsible for making the payment.
25.2 Upon receipt of the invoice for Service use fee, the Customer (including a 3rd party, the same applies here in after) shall make payment for Service use fee invoiced in the way designated by the C. Then up to the payment date.
26. Application of Objection to Service Use Fee
26.1 The Customer having an objection to invoiced Service use fee may file a written application for rejection to the invoice for Service use fee within ten days from the date of receipt of such invoice.
26.2 The Company shall inform the Customer of the result of treatment within undivided. The days from the date of receipt of an application for objection as outlined in the preceding Paragraph 26.1, and the company cannot treat such objectionable within such period for an unavoidable reason. The Company shall re-designate and inform to Customer of the period for treatment thereof.
27. Exemption and Discount of Service Use Fee
27.1 For any Customer or reseller as separately consulted, the Company may exempt or discount the part of monthly use. Ind in such event, application method shall be determined as agreed by the Company and the Customer.
27.2 Any is subject to exemption or discount of Service use fee shall inf the Company When the status understands. The preceding changed.
27.3 If any person disqualified to the exemption or discount standard is found to have been exempted or discounted the Service use fee, such exempted or discounted amount will be recollected.
28. Collection of Outstanding Fee
28.1 If the Customer is in default the on payment of Service use fee, the Company may immediately demand the Custo to make such payment including pressure. If the Company can issue a reminder in such an event, the payment date will be re-designated.
28.2 The demand of payment outlined in the preceding Paragraph 28.1 shall be given within 12 months from the first payment date. Other companies will not impose any disposition for delinquency owed: provided that this shall not apply to the cases where the cause of such failure arises out of the fault of the person responsible for payment or act of God.
28.3 Upon Customer’s default on the payment of Service use fee, the Company will charge the amount added by 2/100 of outstanding Service use fee.
29. Collection of Avoided Service Use Fee
29.1 If the Customer avoids Service use fee in violation of applicable laws, regulations, or this Agreement, the Company will collect twice the amount of such avoided Service use fee.
30. Return and Refund of Service Use Fee
30.1 Should the Customer make an excessive payment or wrongful payment, the Company may refund or settle it from the Service use fee to be charged after that.
30.2 If the Customer is to be refunded under the preceding Paragraph 30.1 defaults on payment for Service use fee. The Company will firstly deduct and refund the outstanding cost from the Service use fee to be repaid.
30.3 If the achievement of the original purpose of such Service is strikingly difficult or impossible due to severe functional error of Service, the Customer may request the Company to refund even for the Service which has been already purchased.
30.4 In response to such request for a refund, the Company will examine it and inform the Customer of the result thereof. If a refund is decided based on such development, the Company will refund the relevant sales price to the User.
30.5 The refund request period shall be determined by the period as prescribed in applicable laws and regulations (including Ecommerce Act).
Damage
Damage in General
31.1 The Company shall be liable as consulted with the Customer for the damage incurred by the Customer caused by the provision of Service less than 99.95% of Service available each month (as defined below) arising out of the fault of Company except for the cases where the Customer informs to the Company the fact of unavailability of Service use. The Service is normalized within 2 hours after the refund request period Company’s receipt of such notice:
31.1.1 Monthly availability rate (%) = (1-Total of failure hours per month/Hours of monthly service) x 100
31.1.2 Such failure of Service shall measure dures from the time When the Customer informs the Company of unavailability of Service to their (if the Company knows such fact before Customer’s notice thereof, this means the time When the Company becomes to know such truth).
31.2 company shall determine the amount of damage as outlined in the preceding Paragraph 31.1 based on the following amount: provided that the calculation standard of injury may be differently applied When the Company prepares separate damage standards based on the characteristics of Services and guides it to the Customer as operational policy or makes public notice at the homepage:
32.2.1 Damage (Penalty for Breach) = (Average Service use fee per day of the last three months Service use/24 hours) x Service failure hours x 5 times
31.3 Damage may be compensated only to the details of Service for separate rate damage standards use agreement is entered into with the Company: provided that, if the Company and the Customer otherwise agree on the scope of the damage, such agreed one shall be complied with.
31.4 The Company shall not be liable for the damage incurred by the Customer any of the followings causes the Service failure.1 When the failure is caused by force majeure including war, incident, the act of God, and another equivalent national emergency;
31.4.1 When the failure arises out of willful misconduct or negligence of Customer;
31.4.2 When the failure is an unavoidable reason like telecommunication service;
31.4.3 When the suspension of Service causes the failure to prevent the expansion of accident in Customer’s information system;
31.4.4 When the failure is caused by the service provided by other telecommunication service provider;
31.4.5 When Service inspection is not avoidable, and prior notice is given without willful misconduct or gross negligence of Company; or
31.4.6 When Service is suspended due to regular inspection by giving prior notice.
32. Claim for Damage
32.1 If the Customer claims damage against the Company, the Customer shall give the Company a written notice stating a reason, amount, and ground of calculation thereof.
32.2 Should the Customer fail to file a claim for damage within three months from the date of occurrence of such damage? Then, the right to file a claim will disappear.
32.3 customer may use the damage used only for the purchase of Service or monthly Service use fee on the Customer’s option.
33. Damage Claim against Customer
33.1 If the Customer causes damage to the Company in violation hereof, the Company may file a damage claim against the relevant Customer.
34. Miscellaneous
34.1 If any special covenant is necessary for any service not included herein, the Company and the Customer may provide and use the service by preparing, signing, and sealing in a separate individual use agreement.
34.2 Any dispute between the Company and the Customer arising out of this Agreement and Service use shall be amicably resolved as mutually agreed by the Company and the Customer. If the Parties fail to reach an agreement their company shall finally settle such dispute in the Seoul Central District Court.
