Article 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 PallyCon service (the “Service”) provided by INKA Entworks Inc. (the “Company”).
Article 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 PallyCon service (the “Service”) provided by INKA Entworks Inc. (the “Company”).
Article 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 a notice of it on the homepage of PallyCon, service menu and Company or in other ways.
2.2 Any matter which is necessary but is not set forth herein shall be determined by applicable laws, regulations 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, such notice will be given at least 30 days prior to the application of such modification. If necessary as required by the laws, an order, direction, and recommendation of government, judgment of the court, changes in applicable policies of Company and other entrepreneur, the Company may modify or suspend the entire or part of the Service, and in such event, the Company will make public notice or notify in a way as set forth in the foregoing Paragraph 2.1 at least 15 days prior to 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.
Article 3 (Construction of Agreement)
3.1 Any matter which is 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.
Article 4 (Definitions)
4.1 As used herein, the following terms mean following meanings:
4.2 “Service” means PallyCon cloud service to be provided to Users by the Company.
4.3 “Site” means the associated sites or related sites designated on the website (https://www.pallycon.com) operated by the Company for providing PallyCon Service.
4.3 “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 accessing to 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 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 Company’s approval.
4.7.2 “Password” means a combination of characters and numbers set up by a Customer for protection of secrecy to secure that the Customer is the one corresponding to the ID set up by him/herself.
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” means collectively 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 in large-scale against the will to reject to receive such emails or without consent of recipient.
4.11 “Request Per Second (RPS)” means the number of DRM license requests per second from the end user devices of the site operated by PallyCon Multi-DRM service customers. (Similar meaning to ‘traffic’ in general services)
4.12 “Throughput Per Second (TPS)” has the same meaning as ‘Requests Per Second’ for individual customers of PallyCon multi-DRM service. And from the perspective of the PallyCon multi-DRM system, it is a unit of server performance metric about how many license requests (traffic) can be processed for all customers.
Article 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 filing an application for Service use, the Customer shall provide his or her actual name and actual information. If any Customer unlawfully uses a false name or false information, he or she cannot enjoy the rights as set forth herein, and the Company may terminate Service agreement.
5.3 Any Service information as filled out in the form of membership application shall be deemed as actual data, and any User not filling out actual information cannot be lawfully protected.
Article 6 (Acceptance and Restriction on Service Use Application)
6.1 If the Customer faithfully and correctly fills out the information as set forth in the foregoing 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 his or her real name or by using the name of others without 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 laws, regulations, public order and public morals would be violated;
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 difficult 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
6.2.12 when the approval of use is difficult for the reason of other circumstances of Company.
6.2.13 when service is offensive such as child porn, porn, or related activities
6.3 If any of such causes as set forth in the foregoing Paragraph 6.2 after the completion of use application process is found, the Company may withdraw its acceptance of use.
6.4 Should the acceptance of use is rejected, suspended or withdrawn under the foregoing Paragraphs 6.1, 6.2 or 6.3, the Company shall immediately inform to the Customer to the contact information filled out by the Customer. If such notice cannot be sent due to unidentified contact due to incorrect information filled out by the Customer filing an application for use, the Company shall not be responsible for it, and the Customer filling an application for use shall check it through making an inquiry.
Article 7 (Modification)
7.1 If the case falls under any of the followings, the Customer shall inform to the Company by submitting a contract modification application form (for 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 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 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 on the application under the foregoing Paragraph 7.1:
7.2.1 when such application is filed in excess of spare system capacity secured by the Company; or
7.2.2 when the Customer is in default on fee.
Article 8 (Renewal of Agreement)
8.1 Unless the Customer expresses its intent to terminate this Agreement prior to 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 existing Agreement.
Article 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 status of Customer is succeeded, the obligation of payment of outstanding Service use fee shall be deemed to be succeeded. The succession of Customer’s status means the modification of major items for identifying the identity of Customer including modification of company name, representative, and person responsible for paying the fee.
Article 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 prior to the desired date of termination directly through online.
10.2 If the case falls under any of the followings, the Company may terminate this Agreement on its own 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 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 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 serious disturbance in system operation or willfully disturbs such operation;
10.2.8 when the Customer violates Customer’s obligations as set forth 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 other 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 condition of use as designated by the Company.
10.3 If the Company desires to terminate this Agreement under this Clause, the Company shall give to the Customer a notice through the contact information submitted by the Customer at least 7 days prior thereto. Should the Company fails to give such notice due to unknown contact information, the Company shall be deemed to have performed its obligation to give such notice when it posts such notice on its homepage of Service (https://www.pallycon.com) for 2 weeks.
10.4 Upon termination of Service under the foregoing Paragraphs 10.1 and 10.2, all the resources assigned to the Customer’s system shall be collected, and all the Customer’s information and materials stored in the system will be deleted: provided that the accounting data and information related to Customer account will be kept for 6 months.
10.5 Notwithstanding the notice under the foregoing Paragraph 10.3, the Customer shall be deemed not to object to termination when the Customer fails to give its opinion at least 2 days prior thereto.
Article 11 (Use of Service)
11.1 The service hour shall be 365 days a year and 24 hours a day without extraordinary 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 exception to the Service hours.
Article 12 (Management of Customer Unique Number)
12.1 The Customer shall be responsible for managing and using his or her ID and Password.
12.2 The Customer shall be also 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.
Article 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, flood of service use and service failure of key 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 set forth 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 difficult due to bankruptcy, insolvency, application for mediation, attachment and provisional attachment which is executed against the Customer or his or her 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 a demand of remedy of external agencies such as Korea 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 approval of Company (including an act of access to/use of system); or
13.2.11 when the Customer violates the condition of use as 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 mails 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 mails 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
Article 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 to the Customer or his/her agent by email or telephone call by fixing the reason, date and period thereof at least 24 hours prior thereto: provided that this shall not apply to the case where such restriction or suspension is considered as necessary due to emergency situation.
14.2 Any Customer receiving a notice of such restriction or suspension under the foregoing Paragraph 14.1 may file an objection thereto, and the Company may temporarily delay such restriction or suspension 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 restriction and suspension, the Company shall immediately lift such restriction and suspension and inform to 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. Withdrawal of Service shall be completed after lapse of 3 days without separate notice, and the Customer shall not file a damage claim for the loss incurred by the Customer caused by deletion of data. Upon notice of suspension of use, the Customer shall be prepared for such loss by taking direct advance measures (including data backup).
Article 15 (Temporary Suspension of Service)
15.1 Desiring to temporary suspension of Service upon occurrence of cause for the Customer not to use the Service, the Customer may apply there for with Company, and 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 certain characteristics of goods and Company’s circumstances:
15.1.1 the Customer has not been in default on payment of use fee for not less than 2 months;
15.1.2 the Customer continues the Service for 6 months and longer;
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 to the Company, and the Company shall resume to provide the Service to the Customer within 2 days from the date of receipt of notice without extraordinary reason of disturbance.
Article 16 (Pause of Service Use)
16.1 If the Service cannot be provided for unavoidable reasons including construction work for system improvement, increase of equipment, regular inspection and facilities management, the Company may suspend the use of Service by giving a prior notice to the Customer (in such event, this shall not be deemed as a failure of Service), and upon disappearance of such reason, the Company will make the Service available to the Customer immediately.
Article 17 (Guarantee and Limitation on Service Performance)
17.1 For each customer who uses PallyCon Multi-DRM service, the license issuance performance (TPS) guarantee according to the monthly availability rate specified in [Chapter 7 Damage] is applied to the following scope by the pricing plan or separate contract.
– Standard and Standard Plus plan customers: up to 100 TPS guaranteed
– Custom plans and enterprise customers: guaranteed up to the maximum TPS specified in the individual contract
17.2 If a particular customer site generates traffic in excess of the coverage specified in clause 17.1, the service may be temporarily disrupted depending on the amount and duration of the traffic generated. In this case, the performance guarantees and indemnities do not apply to the customer who generated such traffic.
17.3 If the traffic from a particular customer’s site continues to exceed the coverage specified in clause 17.1, the Company may request conversion to an enterprise plan suitable for the volume of traffic at the time of renewal of the contract with that customer.
Article 18 (Maintenance and Repair of Equipment such as Server)
18.1 In order to provide the Service, the Company shall be always responsible for maintaining and repairing required equipments for provision of Service to Customers at the level that the Customers will be able to use them always.
18.2 The Customer shall take necessary measures (including patch work and security measures) for system security.
Article 19 (Emergency Situation for Security)
19.1 Upon occurrence of deficiency, failure of programs and other equivalent incidents requiring severe and emergent measures for security, the Company may take necessary measures and uniformly carry out the patch work (correctional work) for the relevant part of Customer.
19.2 Upon request for severe or urgent measures for security, the Company may modify any authentication related information of Customer.
19.3 Prior to take emergency measures as set forth in the foregoing Paragraphs 18.1 and 18.2, the Company shall inform to Customers through public notice on its homepage or email. If such notice is difficult to be given due to urgent situation, the Company shall inform to Customers through public notice or email even after the completion of taking such measures.
Article 20 (Obligations of Company)
20.1 The Company may allow any Customer to use the Service on the desired date of Service use as stated in his or her application for the use 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 a way of a telephone call, email and mail.
20.2 The Company shall not divulge, distribute or use for commercial purpose any Customer information obtained related to provision of Service under the ‘Act on Promotion of Use of Telecommunication Network and Information Protection’ unless otherwise required under due process as prescribe in the laws including the cases as required by competent agencies for investigations under applicable laws and regulations, as requested by the Korea Communications Commission.
20.3 The Company makes its best effort in providing the best convenience necessary for the process and details related to contract with the Customer including execution, modification and termination of use agreement.
20.4 If any opinion or complaint presented by the Customer is recognized as legitimate, the Company shall immediately respond thereto: provided that, if such immediate response thereof is difficult, the Company shall inform the Customer of the reason, and treatment schedule through email, bulletin board and telephone call.
20.5 For Customer’s information and data related to the Service, the Company applies a security level at the same with the one applied to its own similar information and data. In order to secure 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 standard: provided that the responsibility of Company shall be discharged or restricted in its nature of cloud computing using internet and virtual environments as follows:
20.5.1 The Customer uses the Service with solely bearing the risk by itself, and the Service is provided ‘as it is’ basis, and ‘as it is to be used’, and all the Customer’s information and data shall be managed at the risk of Customer.
20.5.2 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 and any other warranty from transactional process and commercial transactions.
20.5.3 The Company shall not be liable for any direct damage, indirect, incidental, special, consequent or punitive damage and the damage or loss caused by the loss or damage of Customer’s information and data due to hacking.
20.5.4 The same provisions of this Clause shall also apply to any Customer’s information and data backed up through Company’s storage backup service for the purpose of regular back-up and maintenance of such information and data for a certain period.
20.6 Upon occurrence of problem including network failure, the Company shall make its best effort in promptly taking measures, proving continuous and stable Service.
Article 21 (Obligations of Customers)
21.1 The Customer shall comply with the matters as prescribed in this Agreement and applicable laws and regulations and shall not commit any act which may cause striking disturbance in Company’s performance of business.
21.2 The Customer shall be responsible for paying the fees as stated herein in consideration of its use of Service.
21.3 The Customer shall be fully responsible for all the problem arising out of his or her failure to make payment: provided that this shall not apply to a problem arising out of the negligence of Company or other causes recognizable to the Company.
21.4 The Customer shall protect his or her information and system from invasion of virus program or external illegal invasion through the account used by the Customer.
21.5 Upon changes in contractual matters including the address, contact, and business license registration number, the Customer shall promptly inform to the Company, and otherwise, the Customer shall be responsible for any disadvantages caused by neglect thereof.
21.6 The Customer shall be fully responsible for management and preservation of Customer’s information and data regarding the Service, and the Customer shall use encryption method for such information and data by itself if necessary and back-up them in a separate storage on a regular basis and always apply other latest security patch or update.
21.7 If the Customer provides any separate 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 other sound, photo, video or other image). If any claim is filed against the Company for the reason of certain information and data, the Customer shall indemnify the Company.
21.8 For MAU based subscription, the customer is bound to send a unique id per user in every license request. The company has set a limit on the number of DRM license requests each month for each user. In case the threshold limit of 5000 licenses per user is breached, the customer will be notified via email of required measures in order to mitigate the situation within 60 days. If the customer fails to comply, the company retains the right to transition the customer to MAL or other appropriate subscription plan.
Article 22 (Protection of Personal Information of Customer)
Article 23 (Consignment of Personal Information)
Article 24 (Calculation and Settlement of Service Use Fee)
24.1 The Company posts the Service fee and modification thereof on its Service site (https://www.pallycon.com).
24.2 The Service use fee policy differs by products and individual Services including Service use fee and free fee based on volume of use, and any fee which is not publicly noticed at the Service site shall be determined as separately consulted between the Company and the Customer.
24.3 Service use fee does not include the value added tax and be calculated from the commencement date of Service.
24.4 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.
24.5 If the Service use starts in the middle of a month, the Service use fee shall be calculated by the number of days for the period from the commencement date of Service to the end of such month.
24.6 Upon termination of Service, the Service use fee shall be calculated by the number of days of use up to the preceding date of termination date of Service termination month: provided that, if the application date is the same with the termination date, the Service use fee shall be calculated by one-day use fee.
Article 25 (Payment and Charge of Service Use Fee)
25.1 The Company shall send an invoice of service use fee to ensure that such invoice will arrive to the Customer at least 5 days prior to the payment date, and the Customer shall make payment for such invoice on the payment date as stated by the Company therein or before.
25.2 For the notice to be given to the Customer, the Company may substitute it with individual notice by posing it on its homepage of Service (https://www.pallycon.com).
25.3 The means of payment of Service use fee for Service use are as follows:
25.3.1 If the type of Customer is domestic (Korean) business owner: one of credit card, account remittance and dedicated virtual account will be selected, or
25.3.2 if the type of customer membership is other than those as set forth in Subparagraph 25.3.1: Credit card
25.4 Unless the Customer expresses its intent to terminate hereunder, the Company will continue to charge the use fee in the way as set forth in the foregoing Paragraph 25.1.
25.5 The Company does not charge any fee to the Customer for the period of suspension of Customer’s use of Service under Clause 15 hereof.
25.6 The Company does not charge to the Customer any Service use fee for the period when the Customer cannot use the Service without its own fault.
25.7 If non-delivery of invoice is recognized without the fault of Customer, the Company will not charge any additional amount to the Customer.
25.8 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 single invoice.
25.9 If the Customer deposits use fees under the name of others, the Customer shall inform to the Company. The Customer shall be responsible for the suspension of Service or disadvantages caused by failure of notice of such deposit.
Article 26 (Payment Obligations of Service Use Fee)
26.1 The Customer entering into an agreement shall be responsible for making payment of Service use fee: provided that, if a 3rd party files an application for Service use agreement on the condition that he or she 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.
26.2 Upon receipt of invoice for Service use fee, the Customer (including a 3rd party, the same applies hereinafter) shall make payment for Service use fee invoiced in the way as designated by the Company up to the payment date.
26.3 Late Payment Fee: Any amounts payable by Company which are not paid within thirty (30) days after they are due shall bear interest at a rate of 2% per month (equivalent to 24% per annum) from the due date until such amount is paid.
Article 27 (Application of Objection to Service Use Fee)
27.1 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 10 days from the date of receipt of such invoice.
27.2 The Company shall inform the Customer of the result of treatment within 10 days from the date of receipt of application for objection as set forth in the foregoing Paragraph 26.1, and if such objection cannot be treated within such period for unavoidable reason, the Company shall re-designate and inform to Customer the period for treatment thereof.
Article 28 (Exemption and Discount of Service Use Fee)
28.1 For any Customer or reseller as separately consulted, the Company may exempt or discount the part of monthly use fee, and in such event, application method shall be determined as agreed by the Company and the Customer.
28.2 Anyone who is subject to exemption or discount of Service use fee shall inform to the Company when the status of him or her is changed.
28.3 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.
Article 29 (Collection of Outstanding Fee)
29.1 If the Customer is in default on payment of Service use fee, the Company may immediately demand the Customer to make such payment including pressure. In such event, if the Company can issue a reminder, the payment date will be re-designated.
29.2 The demand of payment as set forth in the foregoing Paragraph 29.1 shall be given within 12 months from the first payment date, and otherwise, any disposition for delinquency will not be imposed: provided that this shall not apply to the cases where the cause of such delinquency is arising out of the fault of person responsible for payment or act of God.
29.3 Upon Customer’s default on payment of Service use fee, the Company will charge the amount added by 2/100 of outstanding Service use fee.
Article 30 (Collection of Avoided Service Use Fee)
30.1 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.
Article 31 (Return and Refund of Service Use Fee)
31.1 Should the Customer make excessive payment or wrongful payment, the Company may refund or settle it from the Service use fee to be charged thereafter.
31.2 If the Customer to be refunded under the foregoing Paragraph 31.1 is in default on payment for Service use fee, the Company will firstly deduct and refund the outstanding fee from the Service use fee to be refunded.
31.3 If the achievement of original purpose of use of such Service is strikingly difficult or impossible due to serious functional error of Service, the Customer may request the Company to refund even for the Service which has been already purchased.
31.4 In response to such request for refund, the Company will examine it and inform the Customer of the result thereof. If a refund is decided based on such result, the Company will refund the relevant sales price to the User.
31.5 The period of refund request shall be determined by the period as prescribed in applicable laws and regulations (including Ecommerce Act).
Article 32 (Damage in General)
32.1 The Company shall be liable as consulted with the Customer for the damage incurred by the Customer caused by 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, and the Service is normalized within 2 hours after Company’s receipt of such notice:
32.1.1 Monthly availability rate (%) = (1-Total of failure hours per month/Hours of monthly service) x 100
32.1.2 Such failure of Service shall be measures from the time when the Customer informs to the Company the fact of unavailability of Service to his or her (if the Company knows such fact before Customer’s notice thereof, this means the time when the Company becomes to know such fact).
32.2 The amount of damage as set forth in the foregoing Paragraph 32.1 shall be determined based on the following amount: provided that the calculation standard of damage may be differently applied when the Company prepares a 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 3 month Service use/24 hours) x Service failure hours x 5 times
32.3 Damage may be compensated only to the details of Service for which an use agreement is entered into with the Company: provided that, if the Company and the Customer otherwise agree on the scope of damage, such agreed one shall be complied with.
32.4 The Company shall not be liable for the damage incurred by the Customer if the Service failure is caused by any of the followings:
32.4.1 when the failure is caused by force majeure including war, incident, act of God, and other equivalent national emergency;
32.4.2 when the failure arises out of willful misconduct or negligence of Customer;
32.4.3 when the failure is unavoidable reason in the nature of telecommunication service;
32.4.4 when the failure is caused by suspension of Service in order to prevent the expansion of accident in Customer’s information system;
32.4.5 when the failure is caused by the service provided by other telecommunication service provider;
32.4.6 when Service inspection is not avoidable, and prior notice is given without willful misconduct or gross negligence of Company; or
32.4.7 when Service is suspended due to regular inspection by giving a prior notice.
Article 33 (Claim for Damage)
33.1 If the Customer claims a damage against the Company, the Customer shall give to the Company a written notice stating reason, amount and ground of calculation thereof.
33.2 Should the Customer fail to file a claim for damage within 3 months from the date of occurrence of such damage, the right to file a claim will disappear.
33.3 The damage may be used only for the purchase of Service or monthly Service use fee on the option of Customer.
Article 34 (Damage Claim against Customer)
34.1 If the Customer cause a damage to the Company in violation hereof, the Company may file a damage claim against the relevant Customer.
Article 35 (Miscellaneous)
35.1 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.
35.2 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, and if the Parties fail to reach an agreement thereon, such dispute shall be finally settled in the Seoul Central District Court.
Addendum: This Agreement shall apply from the November 30, 2022.