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Rental Agreement

Rental Agreement

Please read all information carefully.

1. General Terms and Conditions

  • Under the Terms and Conditions for Rental provided hereunder (hereinafter referred to as “Terms and Conditions”), Og inc. (hereinafter referred to as “Company”) shall rent a data access line and related equipment (hereinafter referred to as “Rental Equipment”) to a customer who desires to rent from the Company (hereinafter referred to as “Renter”). Particulars, not provided in the Terms and Conditions, shall be in accordance with the laws, regulations, and general customs.
  • The Company may enter into any special contract, provided that it is not contrary to the purport of the Terms and Conditions, the laws, the administrative notices, and general customs. In the event special contracts are entered into, such special contracts shall prevail over the Terms and Conditions.
  • Under no circumstances shall the Company be liable for incidental damages resulting from late or malfunctioning equipment. The Company’s liability is limited to the shipping charges and rental fees paid on Rental Agreements.

2. Reservations

2.1 Making Reservations

  • Provided that the Terms and Conditions and the price list as set forth separately, the Renter can, by the method provided separately, make reservations (hereinafter referred to as “Reservation”) by specifying in advance the Rental Equipment, the commencement date of rental, the period of rental, the Renter’s name(s), use or non-use of accessories, and other rental conditions, if any, (hereinafter referred to as “Renting Conditions”) required for the Rental service.
  • In the event that the Renter desires to change any of the Renting Conditions, the Renter shall obtain the consent of the Company in advance.
  • The Company will notify the Renter once the Reservation is accepted. Reservation is not made and not effective without the proper notice.

2.2 Cancellations of Reservations

  • The Company may cancel the Reservation without any notification or whatsoever.
  • The Renter can cancel the Reservations by the method provided separately.

2.3 Exemption

  • Except as otherwise stated in Articles 2.1 and 2.2, the Company and the Renter shall make no claims whatsoever to each other, with respect to canceling of reservations and non-execution of the Rental Agreement.

3. Rental Agreements

3.1 Execution of Rental Agreements

  • While the Renter shall specify the Renting Conditions as set forth in the reservation, the Company shall specify the Equipment renting conditions as set forth in the Terms and Conditions, the price list, etc., before the Rental Agreement is executed.
  • Upon the execution of the Rental Agreement, the Renter shall pay to the Company the Rental Charge, as set forth in the Reservations.
  • The Rental Agreement has to be made in the method stipulated by the Company and has to be validated in the method stipulated by the Company.
  • Only e-mails from @sakuramobile.jp or @o-g.co.jp or paper documents certified with the Company’s stamp (hereinafter referred to as “Valid Forms of Contact”) are used by the Company and are considered valid.
  • The Rental Agreement shall come into effect only after the Renter pays the Rental Charge and deposits, if required, in advance (hereinafter referred to as “Advanced payments”) to the Company.
  • Additionally, to the above-mentioned condition, the Advanced Payments must be accepted by the Company, and acceptance of the Advanced Payment must be notified to the Renter by the Valid Forms of Contact

3.2 Standards of Time and Date Used

  • The Company operates in Japan Standard Time, and the Company hires Japan Standard Time as a standard for all activities involved.
  • The rental period commences at 0:01 JST on the starting date and expires at 23:59 JST on your return date.

3.3 Cancellation of Rental Agreement

  • In the event of cancellation of the Rental Agreements, the Renter shall pay a cancellation fee to the Company as stipulated below unless the Renter is reasonably irresponsible for the cause.
    • Before we send the shipping confirmation email: No cancellation charge
    • After the shipping confirmation email: Non-refundable
  • The Company shall make refunds, if occurred, within a reasonable time after the cancellation of the Rental Agreement.

3.4 Changes to Rental Agreement

  • When the Renter desires to change the Renting Conditions as set forth in Article 3.1 after the execution of the Rental Agreement, the Renter shall obtain the consent of the Company beforehand.
  • The Company may not consent to changes in Renting Conditions as described under Article 2.1 if such changes interfere with the Company’s day-to-day renting operations.

4. Delivery of the Rental Equipment

4.1 Limited Liability of Delivery

  • The Company will make every effort to ensure equipment reaches the Renter on time and in correct working order. However, the Company is not liable for the late due to circumstances beyond the reasonable control of the Company.

4.2 The Renter’s Responsibilities on Delivery

  • Upon receipt of the Rental Equipment, the Renter is responsible to inspect whether the equipment is in good, functional condition at the time of receipt.
  • In the case of defective equipment, the Renter must contact the Company immediately for instructions. Without immediate notification to the Company, the Renter agrees that the equipment is in good, functional condition at the time of receipt.

5. Use of the Rental Equipment

5.1 Managerial Responsibilities of the Renter

  • The Renter and/or the User shall observe the duties with the care of a good custodian in operating and maintaining the Rental Equipment, during the rental period from the delivery to the return of the Rental Equipment to the Company (hereinafter referred to as “during the period of use of the Rental Equipment”).

5.2 Daily Inspections and Maintenance

  • The Renter shall conduct necessary daily inspection and maintenance of the Rental Equipment before use. In case of defective Equipment, the Renter must contact the Company immediately for instructions.

5.3 Prohibited Acts

  • The Renter or the User shall be prohibited from any of the following acts during the rental period.
  • To use the Rental Equipment in violation of the laws or against public order and standards of decency.

6. Return of the Equipment

6.1 Responsibility of the Renter or for the Return of the Rental Equipment.

  • The Renter or The User shall return to the Company the Rental Equipment at the specified returning place at or before the termination of the rental period.
  • The Renter or The User shall indemnify the Company for all the damage the Renter or the User caused to the Company if the Renter or the User is in violation of Article 5.1.

6.2 Check of the Rental Equipment at the Time of Return

  • The Renter or the user shall return the Rental Equipment in the same conditions as confirmed at the commencement of the rental, except for ordinary wear and tear of the Rental Equipment arising from the normal use, in the presence of a representative of the Company.

6.3 Measures in Case of Non-Return of the Rental Equipment

  • In the event that the Renter does not return the Rental Equipment to the specified returning place after the expiration of the rental period, and if the Renter fails to comply with the Company’s request for return, or the whereabouts of the Renter is not known to the Company, or when due to other circumstances the Company judges that the Rental Equipment is “non-returnable”, the Company may take all possible legal measures, including, but not limited to, filing a criminal suit against the Renter.
  • In case of non-return of the Rental Equipment as set forth in Article 6.3, the Renter shall be liable for all the damages to the Company as set forth in article 8 and, additionally, shall bear all the expenses the Company may have to incur for the collection of the Rental Equipment and for the search of whereabouts of The Renter or The User.

7. IN CASE OF BREAKDOWNS, ACCIDENTS, THEFT, OR OTHER CAUSES

7.1 Measures in Case of Breakdowns

  • When the Renter detects any abnormality or breakdown of the Rental Equipment, during the period of use of the Rental Equipment, the Renter shall immediately discontinue the operation and contact the Company and at the same time follow the instructions given by the Company.

7.2 Measures in Case of Theft

  • If the Rental Equipment is lost or stolen, and/or the Renter fails to return the Rental Equipment at all, the Renter is responsible for the damages and expenses caused related to the loss of the Rental Equipment.

7.3 Termination of the Rental Agreement due to Non-Usability of the Rental Equipment

  1. In the event that the Renter can not continue using the Rental Equipment due to breakdowns, theft, or any other cause (hereinafter referred to as “Non-Usability”) during the period of use of the Rental Equipment, the Rental Agreement shall terminate.
  2. The Renter or The User shall bear the costs for collection and repair of the Rental Equipment and others incidental thereto and the Company shall not return to the Renter the Rental Charge received except where the Non-Usability comes under any of the causes stipulated in Articles 7.3C or 7.3D
  3. In the event that the Rental Equipment has been defective due to any cause existing prior to its delivery to the Renter, the new Rental Agreement shall be deemed to have been executed
  4. In the events that the Renter chooses not to accept the new Rental Agreement under Article 7.3C or that the Company fails to offer to rent the Substitute, the Company shall return to the Renter the Rental Charge received in full.
  5. In the event that the Non-Usability arises from causes not attributed to either of the Renter and the Company, the Company shall return to the Renter the Rental Charge received deducting a portion of the Rental Charge which corresponds to the rental period from the commencement of rental to the termination of rental.
  6. Except for the measure set forth in Article 7.3, the Renter shall make no other claims to the Company with respect to the damage or loss arising out of the Non-Usability of the Rental Equipment.

8. Indemnity and Compensation

8.1 Liability

In the event that the Renter causes damage to a third party or the Company during the period of use of the Rental Equipment, The Renter or The User shall be liable for indemnifying such damage except for damages arising out of causes attributed to the Company.

8.2 Compensation

Among the damages to the Company as described under Article 8.1, the Renter shall compensate the Company, as separately provided in the price list, for the damages resulting from Non-Usability of the Rental Equipment due to theft or breakdowns for which the Renter is responsible, which is usually known as NOC (Non-Operation Charge).

8.3 Price List

The current price list of 2024/07/16 and so forth is as follows
    1. Delay
      Late returns will be charged for full retail price for the plan minimum extension period. Late fee will be charged until the day the Company receives the Equipment.
    2. LOST/Damage/Repair (returned in a different condition)
      Pocket WIFI
      Pocket WIFI device: 30,000 JPY (including NOC)
      Pocket WIFI (Screen only): 10,000 JPY
      Pocket WIFI (Back cover only): 2,000 JPY
      AC adapter: 2,000 JPY
      USB cable: 1,000 JPY
      Portable case: 1,000 JPY
      Extra portable battery: 5,000 JPY
      Home WIFI
      Home WiFi device: 30,000 JPY (including NOC)
      AC adaptor: 1,000 JPY
      Ethernet cable : 500 JPY

9. Ownership of Equipment

The Renter agrees and acknowledges that the Company retains all ownership of the Equipment, including but not limited to user guides and accessories.