Article 1 (Use of the Booth)
1. A “booth” in Tokyo Synergy Office is a compartment provided by Yokosuka Appraisal (hereinafter called the “Provider”) to a user of Tokyo Synergy office (hereinafter called the “User”). The “booth usage” herein means the use of the booth by the User. The booth usage is not governed by the Act on Land and Building Leases of Japan and thus gives no right to the leasehold rights nor statutory superficies.
2. The User may not use the booth for purpose other than office-use: this includes residential purposes.
3. The Provider may request the User to move to another booth with the same capacity for the management purpose. In order to facilitate the movement between different booths, the User may not add new equipment or introduce any changes to the original condition of the booth such as remodeling or rearrangement.
Article 2 (Exclusion of Anti-Social Forces)
No formal demand will be necessary for the Provider to rescind the Agreement should any of the following provisions apply to the User. Anti-social forces herein stand for gangs, gang members, individuals who ceased to be members of gangs less than 5 years ago, companies associated with gangs, corporate racketeers, and any other groups or individuals that pursue economic gains through violence, threat, or fraud regardless of how they label themselves.
1. The User belongs or belonged to an anti-social force
2. The business activities of the User is controlled by an anti-social force
3. The shareholders, investors, directors, or employees of the User include a member of an anti-social force or any of them have association with an anti-social force
4. The User is giving financial favors to an anti-social force such as investment, loan, and funding or in any other way cooperates with or is involved in sustaining or managing the anti-social force
5. The User or any of the directors has been arrested or detained for a criminal case or has faced criminal persecution
6. The User informs to the Provider or other Users that the User, or any organization or individual associated with the User is an anti-social force
Article 3 (Prohibited Conduct)
Users may not commit the following actions:
1. Bringing animals including dogs, cats, birds, and reptiles inside or outside the booth
2. Causing nuisance to the other Users and neighbors by engaging in unreasonably loud chatting
3. Playing musical instruments, playing with toys, and playing mahjong
4. Use of electric heaters or stoves that pose a fire hazard
5. Drinking alcohol, smoking, and sleeping overnight in the booth or the common area (taking a nap during the day or during the overnight work in late evening is tolerated)
6. Leaving items or trash in the common area or installing equipment or fixtures without prior consultation and approval
7. Causing trouble to local residents by the way the User uses a car, motorcycle, or the like, or by the way the User parks their car or motorcycle
8. Posting signs and the like in the space other than those specified inside the building – e.g., signs in the surrounding area of the building or outer wall of the building, banners hanging from the window, or flags on the window
(The Provider will meet the need of the Users to advertise their companies by preparing a designated space at the entrance)
9. Telephone installation under disguised ownership, providing phone answering service, or using the office as a post-office box
10. Sales activities while displaying products, making a speech in the common area, use of the office space for demonstration, accommodation, residence, sex-oriented business, and for any purpose other than the use as an office
11. Obstruction of sales and business of other Users and the third party
12. Infringement of intellectual property rights, portrait rights, privacy good name, other rights or interests of the Provider, other Users, or third parties
13. Transmission of data containing a computer virus or other harmful program
14. Transmission of data with the connection made available by the Provider while exceeding the limit to obstruct the use by other Users
15. Falsification of the available information regarding Tokyo Synergy Office
16. Violation of the laws, regulations, or the established rules in the industry group in which the User or Provider belongs
17. Actions that could obstruct the management of Tokyo Synergy Office
18. Allowing a third party to use the booth in part or in entirety
19. Other actions deemed inappropriate by the Provider
Article 4 (Movement and Addition of Occupied Booths)
1. The User can move or add the occupied booths inside Tokyo Synergy Office within an extent allowed by the Provider
2. The movement or addition of the occupied booths shall not incur an additional registration fee (initial membership fee)
3. The Provider can charge the User for the costs for installing equipment for the movement or addition of the occupied booths
4. The Provider can make a 1-month prior notice and move the User to another booth with the same capacity anytime when it is deemed necessary for the management of the office
Article 5 (Restoration of Original Condition)
1. Discontinuing the use of office space as a result of the expiration, rescission, or other events, the User must withdraw items and goods that the User has placed inside the booth at the User’s cost. Any equipment that the User has installed must also be withdrawn at the User’s cost.
2. Should the Provider judge that the booth requires cleaning before the User vacates it, the Provider can charge a maximum one-month equivalent of the office service charge. The User may not make any monetary demand while vacating the booth including compensation for removal and premium for goodwill.
3. The Provider can freely refurbish the booth instead of the User at the User’s cost should the User fail to restore the original condition of the part the User used by the appointed date. In so doing, the Provider can dispose of any items left by the User at the Provider’s own discretion.
4. Should the User fail to fully restore the original condition and to vacate the booth by the expiry date of the Agreement or the date the Agreement is terminated, the User must compensate for the damages calculated as twice the daily office service charge multiplied by the number of days from the day following the discontinuation of the use until the actual date when the User vacates the booth. In addition, the User must compensate for any other damages associated with the delay.
5. In restoring the original condition and vacating the booth, the User may not claim reimbursement including the costs and useful expenses that the User has spent for the booth, fitting, or equipment, regardless of the reason and the nature. As a general rule, this particular facility is a rental office space, in which no fittings are permitted. Even if the User adds any fittings essential for conducting the business with due approval from the Provider, the fittings are not necessary for the Provider. The Provider can charge the User with the removal fee but the User may not demand the Provider to purchase such fittings.
Article 6 (Penalty)
The Provider can charge a 6-month equivalent of total office service charge as a penalty when the User infringes the Agreement or Terms and Conditions and fails to remedy the infringement despite warning. The Provider can also charge the User for any damages that have been sustained as a result of the infringement in addition to the penalty.
Article 7 (Right of Access)
1. The Provider and the agents shall enter the space used by the User, inspect the space, and take appropriate measures when it is deemed necessary for the maintenance, hygiene, security, rescue, inspection, and other management purpose.
2. In enforcing Provision 1, the Provider shall give prior notice to the User. As an exception, the Provider may access the space immediately during any emergency when prior notice cannot be given. The Provider shall swiftly inform the User immediately after the fact.
3. The Provider can entrust the key to the partner cleaning agency and allow access to the office space for providing cleaning and trash collection services that consist of simple cleaning twice a week and deep cleaning once a month.
Article 8 (Discontinuation and Limitation of Available Service and Facilities)
1. The Provider can discontinue or limit the available service and the office space in part or in its entirety in the event of fire, revision or abolition of laws and regulations, administrative guidance, dramatic change in socio-economic conditions, failure of internet connection, maintenance by the internet provider, and any other inevitable events. The Provider assumes no responsibilities for any damage sustained by the User as a result of the discontinuation or limitation of the available service based on this provision.
2. Services provided by Tokyo Synergy Office may change in keeping with the trend.
Article 9 (Consumption Tax and Bank Charge)
National and local consumption taxes shall be applied to all the costs specified in this Agreement including the office service charge and registration fee. Bank charge for making a transfer shall be paid by the User.
Article 10 (Price Change)
In principle, the price is not changed at least for one year from the conclusion of the Agreement. Still, the amount of tax for the service charge shall be modified according to any change in the tax system and any update in consumption tax rates. After two or more renewals of the Agreement (continued use in the third year or later), even the User who has been using the service without interruption, the service charge shall be updated to the newly offered monthly price due to the high likelihood of a change of the rental price in the market. In renewing the Agreement, there shall be no initial membership fee.
Article 11 (Notification)
1. The Provider shall direct particularly important notifications to the User’s address or fax number as stated in the Agreement. The amount of office service charge for each month including the copying charge shall be notified via email.
2. Even if the notification according to Provision 1 did not reach the User for any reasons attributable to the User such as when the User goes missing, the notification is deemed to have reached the User two weeks after the date of dispatch or transmission.
Article 12 (Change of Equipment and User’s Duty to Cooperate)
The User shall cooperate with any necessary changes in the future according to the amendment of the Fire Service Act and other laws, administrative guidance by supervisory government agencies, or any reasons compelling a major change of the equipment or extension or reconstruction of the facility of Tokyo Synergy Office. Prior to such change, the Provider shall consult with the User regarding the scope of cooperation.
Article 13 (Jurisdiction)
The Tokyo District Court shall have the exclusive jurisdiction of the first instance over all disputes arising in connection with the rights and obligations according to the Agreement or Terms and Conditions.
Article 14 (Disclaimer)
1. Any disputes arising between the User and the other Users in connection with Tokyo Synergy Office shall be resolved on the User’s own responsibility. The Provider assumes no responsibilities for the disputes. Should any loss or damage be incurred to the Provider as a result of any disputes between the User and the other Users or third parties, the User shall jointly indemnify for the entirety of the loss or damage along with the other Users and the third parties concerned.
2. The User shall manage the User’s own properties on the User’s own responsibility while using Tokyo Synergy Office regardless of the common area or the booth. The Provider assumes no responsibilities for any theft, loss, breakage, or any other damages sustained by the User.
3. The User shall use the office, facilities, equipment, or any other items in Tokyo Synergy Office and manage the User’s own information at the User’s own responsibility and cost. The Provider assumes no responsibilities for any damages to the office, facilities, or equipment caused by a third party, leakage of information, loss of data, or any other damages sustained by the User, unless any such damages are attributable to deliberate action or gross negligence by the Provider.
4. The Provider assumes no responsibility for the default in performing obligations when any circumstance beyond the Provider’s reasonable control including, without limitation, fire, power outage, hacking, computer virus invasion, earthquake, flood, war, embargo, strike, riot, inaccessibility to supplies and transportation facilities, intervention by the government, enactment, amendment, or repeal/abrogation of a foreign or domestic legislation, for the duration of such circumstance.
5. The Provider provides basic services including cleaning and booth rental services for the User to be able to use an office space. Trash collection by the Provider is limited to twice a week. The User shall confirm that any recyclable trash beyond the Provider’s scope and capacity, over-sized trash, contaminated industrial waste, and the like are originally not treated as acceptable trash for collection. The User shall also confirm that, although the Provider provides cleaning service twice a week, the User must voluntarily clean any parts of the office part that require further cleaning. Any recyclable trash must be taken out to the designated collection point by the User on Thursdays according to the established rules in Minato-ku, where Tokyo Synergy Office is located. Much rarer non-combustible trash is collected on the second and fourth Saturdays in the area. Accordingly, Tokyo Synergy Office collects the non-combustible trash at a designated spot (namely, the recycle box next to the vending machine) twice a month in the second and fourth weekend.
Lastly, the User shall confirm that the quality office space in Tokyo Synergy Office is created jointly by all the Users and the Provider and that each User’s voluntary effort is also necessary for achieving the comfortable use of the office space, rather than passively expecting the Provider to provide all the expected services.