Server Hosting and Colocation Service Agreement of Utilization
- Korea Internet Hosting Association General Agreement -
Chapter 1: General Rules
Article 1 (Purpose)
This agreement is purposed to regulate the company and users' (or client) right, responsibility and other various matters while using server hosting or colocation service (or service) provided by Hanbiro (or company).
Article 2 (Definition of Terms)
Definition of terms used in this agreement is like the following. And as for the terms that are not defined below, their definition will be justified by terms deduced from guidance per service specified in relational statute homepage.
- Server: General term of hardware and software used to exchange data from clients' program connected by the internet.
- Internet Data Center (IDC): A server exclusive building and facility made to allow server to access mass storage internet backbone and allow easy management and administration.
- Rack: Space for storing clients' equipment (server, switching hub and etc.). Unit is U (Unit), Rack (1/8, 1/4, 1/2, full) and square meter.
- Line: Physical internet line provided by the “company” that allows internet connection. Unit is M bit/sec or G bit/sec.
- Traffic volume (File transfer volume): Amount of data that the clients' program upload or download by sending data to the server during a specific time period. Unit is M byte/sec or G byte/sec.
- Bandwidth: The actual occupation size of physical line that the clients' program uses in order exchange data. Its' measurement is width of an average graph drawn about 'Used traffic volume' with a unit of specific time (Multi Router Traffic Graph: MRTG) and its' unit is M bit/sec or G bit/sec.
- Colocation service: Service that provides circuit and rack to allow server and network equipment in clients' possession connect with the internet through IDC.
- Server hosting service: Service that sell or rent server to the clients who do not own a server, and provide circuit and rack for internet required services.
- Additional service: Service other than the basic ones that the company provides in order to make management of service smoother.
- Managed service: Additional service in which the client entrusts server's technical management task to the company. Basic rules and option of this service is listed in our homepage.
- Security service: Additional service that prevents illegal trespassing and disturbance to service management. Basic rules and option of this service is listed in our homepage.
- Backup service: Service in which the company creates an extra copy of client's data and stores it in a separate storage device in preparation of data storage device breakdown, illegal trespassing or loss of data due to server administrator's mistake. Basic rules and option of this service is listed in our homepage.
- Service utilization fee: Payment request that the company request to the client in order to perform service agreement. It includes irregular expense regarding additional services such as; traffic utilization fee, server installation, technical support under mutual settlement.
Article 3 (Specifying and Changing Agreement)
- This agreement takes power by being posted on company homepage (http://hanbiro.com).
- When the company posts changed agreement, it must state the reason along with existing agreement and display it on the company homepage 7 days before the starting date.
- If the client does not agree with the agreement, he or she can bring up objection. However, if the client does not show disagreement within 7 days after change of agreement and continue to use the service, it will be considered as accepting the changed agreement.
Article 4 (Application other than agreement)
Any other details that are not listed in this agreement will be followed by relational statue, commercial practice, and guidance per service listed in the homepage.
Chapter 2: Service Utilization Contract
Article 5 (Principles of Autonomy Contract)
The client can only agree with service utilization agreement not by pressure, but by one's will, and must read, agree and sign agreement before applying for service utilization agreement.
- The company will post information regarding service type, service information, service fee and other service related information on the homepage. The client must apply for service utilization based on the posted information.
- Also, the company will make notice about establishment of new service type, and other changed details through Hanbiro homepage. If the change in service information applies with current clients, the notice will be made through homepage and clients' internet e-mail address. If no objection is made within 7days after the notice, it will be regarded as client accepting the changed information.
Article 7 (Agreement Approval and Utilization Application)
- The client can use the service only after he or she has agreed to the agreement posted on the homepage. The client will be agreeing to the service utilization agreement by selecting the type of service he or she wants from the company homepage and clicking on 'Agree' button at agreement approval procedure.
- Service utilization application will be completed after filling in a form that the company has decided; according to the contract's importance and business need, the company can request for extra written application documents, and copy of documentary evidence related to the contract such as, copy of business license or as for individual, a copy of identification card.
- When customer is applying, he or she must enter real name, real information, and user who violates this will be unable to bring equipment out of IDC even if it is in his or her possession. From this, the client could receive damage on property, receive no legal protection and regulated from service usage.
- Personal information that the client provided when applying for utilization will be protected according to related statute and company's personal information protection policy.
- If the clients' age is below 14, for personal information protection, when he or she joins company homepage, he or she must attach a legal representative's agreement form that the company has assigned.
Article 8: (Utilization Application Approval)
- The company will without special reason accept utilization application according to order if the client applies exactly like the clauses stated in article 7.
- The company can refuse application if client applies with the following clauses.
- When application is completed with no one's real name.
- If service is applied with use of other name.
- If information in the application is false entry.
- While using company service or other company service, there has been a history of attack that promotes network disorder or similar service that was hindrance to other customer's service usage.
- Running an illegal homepage according to domestic law or international law. (Ex. Illegal adult stuff, illegal gamble, terrorist organization and etc.)
- If the customer is defaulting other service utilization fee.
- If there is an overdue of utilization fee or poorly used history.
- The company can withhold approval if following clauses occur.
- If approval is difficult due to company's circumstances.
- If customer who applies for utilization is underage regulated by relational statute.
Article 9 (Validity of Service Utilization Contract and Opening of Service)
- As for utilization contract, if the client applies for service at company's homepage and pays utilization fee, the company will accept it and utilization contract will be valid.
- If utilization contract becomes valid, the company will first check deposit of clause above, and then will install corresponding applied server at IDC, open network and notice address to access client's server and management related account information via internet email that the client entered in the application.
- If the client didn't create a written contract document with the company, he or she can replace contract document by: Keeping documents such as copy of service utilization agreement copy of applying service product information listed at homepage history of trial service utilization application in company homepage copy of deposited bankbook, credit card or sales statement keeping tax invoice that the company issued
Chapter 3: Responsibilities
Article 10 (Responsibility of a company)
- The company should provide service stably and continuously.
- The company should prepare enough bandwidth so that the management of network bandwidth that the client contracted will have no problem.
- When there is an occurrence of disorder which effects service management, the company must fix or restore the problem and do its best to maintain stable service management.
- The company must handle with opinion or dissatisfaction that the client reasonably request immediately or accordingly to the time and procedure that the company assigned.
- The company will collect client's personal information and store it for fluent service application and management, and cannot provide the information to a third party without the person's agreement. However, for circumstances such as: authority having jurisdiction requesting the information for interrogating purpose according to related statute, Korea Internet Safety Commission's request or providing information to credit information business or credit information concentration institution due to defaulting company's utilization fee is an exception.
- The company will provide convenience to the client regarding contract related procedure between the client such as approval of utilization contract, change in contract terms, cancellation and etc.
Article 11 (Responsibility of a Client)
- The client must pay service utilization fee according to the date that the company assign.
- The client cannot take any action that is a disturbance to service management of other clients.
- The client cannot use company's service to take any illegal action according to domestic or international law.
- The client must regularly perform system operation related security update to protect managing server from unauthorized intruders, and company will not take responsibility for security incident unless the client separately formed a contract with the company regarding system security service.
- The client have the obligation to separately save managing server data, and company have no responsibility regarding loss of hardware, information omission or leakage due to unauthorized intrusion or damage of materials unless the client separately formed contract with the company.
- The client must take responsibility related to copyright related problems occurred from his or her operating server.
- Administrating responsibility of various ID and password is up to the client, and any disadvantage that the client receives due to its lost is up to the client.
- The client must modify any change of information regarding service application by taking according procedure as soon as possible. Any problem that occurs from not doing so is up to the client.
Article 12 (Attribution or Violation of Property Right of Knowledge)
- Any copyright of work that the company completed and other knowledge property right is under jurisdiction of the company. The client must not intrude with the company's or third party's property right of knowledge.
- Client or company homepage visitor cannot use information that he or she gain from company service usage through copy, send, publish, distribute or publicize for any profit making purpose or make third party take advantage of it.
Chapter 4 Utilization
Article 13 (Principle of Service Provision)
As for service utilization, it is made a rule that without any business or technical disorder, service is to be provided for 24hours a day with no holidays. However, during regular checkup or upgrade of system, service can be temporarily shut down, and service suspension due to planned work will be noticed through company homepage or electronic mail.
Article 14 (Service termination exemption key)
If service is suspended due to the following reasons, it means the company cannot control or prevent such situation, so even without company's special notice, it is not included as company's fault.
- When service utilization is temporarily suspended within compensation time range according to article 42 because network equipment unexpectedly malfunctions.
- When utilization is suspended due to maintenance of service using server malfunction.
- Unexpected service suspension due to disorder of equipment or organization that is not in possession of the company.
- When an obstacle occurs from key telecommunication business operator's network path regulated by telecommunication business act.
- When normal service cannot be provided or there is a difficulty in utilization due to state national emergency, regional emergency and natural disaster.
- Following clauses in article 15.
Article 15 (Restriction of Network Access)
The company can suspend access of managing server network and ask for resolve from the client if the service usage of client is corresponding to the following clauses.
- When the client violates responsibility of a client listed in article 11.
- When client's service utilization fee payment has been delayed.
- When client server's use of network bandwidth exceeds the contracted amount.
- When a network disorder due to broadcasting or an excessive packet of server occurs.
- If client's server is considered to be hacked or infected with virus.
- When client's server isn't receiving appropriate security update due absence of server administrator and is considered danger to the service management of company.
- If client's server causes difficulty to the management of company's service due to excessive use of electricity or creates excessive heat.
- When key telecommunication operator request solution for excessive use of international line.
- When government organization follows proper legal procedure and request temporary suspension of service in order to gain document evidence.
- When various regulation of “The law regarding the promotion of information and communication network use and protection of information” and regulation of related term from “Spam mail prevention guideline” of the Ministry of Information and Communication is disobeyed.
Chapter 5: Change and Cancellation of Service Utilization Contract
Article 16 (Changing or Regulating Service Utilization Contract)
- 1. The client must take related procedure and adjust any changed information regarding the following clauses immediately. Any responsibility for problems caused by delay of information change is up to the client.
- Change of company name, real name or address of client or actual payer responsible for the payment.
- Change in type of contract (type of product, type of line, access line bandwidth, and utilization contract duration and utilization purpose).
- If service is used more than contracted, the company can contact the client to make notice and change contract terms.
- If product cost increase excessively, even before contract duration the company can increase utilization fee with agreement from the client. This is the company's fault so if the client cannot agree with changed utilization fee, he or she can unilaterally cancel contract without having to pay service commission fee related to contract duration.
- If the client is delaying service payment utilization fee for company, the company can restrict change request.
- If the company can restrict adjustment application if it cannot afford facilities or provision of technical service is difficult or when service term is being changed.
Article17 (Automatic Renewal of Service Utilization contract)
- The company and the client under an agreement can choose service utilization contract duration and if the client or the company does not mention renewal of utilization contract, it will be regarded as agreement to extension of utilization contract with the same terms.
- Contractually, progress of prearranged changed contract (ex. Transfer of Rental Equipment Ownership Contract) will proceed with the same contents from the previous contract when there is no special consultation from both sides 30days before expiration date. Any application on service fee due to changed contract, if without special example, will be applied according to the amount noticed on company homepage.
Article 18 (Changing Client Information Regarding Succession of Legal Position)
- When legal position formed with the company is succeeded due to inherit, merger, receive of company and etc., succession is freely decided between the people directly involved, so the company will not interfere unless there is a special reason.
- The client within 30 days from the day of occurrence, must follow the procedure, fill in the forms assigned by the company and attach a copy of business license(for individual copy of identification card) and related documents that can confirm legal succession of position when needed. The procedure is completed after the company confirms and changes client information that it holds.
- During succession of legal position, the client must pay the company service utilization fee that includes the day of occurrence; and if there is any unsettled fee, the company can refuse any task related to succession.
- When changing client information for succession of legal position, successor must be fully aware of the right, responsibility and contract term regarding remaining period of contract, and if problem occurs regarding this term, responsibility lies on the successor.
- Even though change in client information regarding succession of legal position is complete, if the succession is judged as evasion of duties and if the successor continuously doesn't fulfill responsibilities regarding service utilization contract, the company can ask responsibility regarding service utilization contract from the previous successor.
Article 19 (Cancellation of Service Utilization Agreement)
- After the client applies for service, if within 7 days the payment related to service application is not paid, utilization contract becomes invalid, so service application will be automatically canceled.
- If the client wishes to cancel utilization contract, he or she must inform the company at least 30 days beforehand, according to the procedure that the company noticed in advance. If there is an unpaid utilization fee standardized by the day client wants cancellation, the procedure will be completed after the payment has been made.
- If it includes contract regarding time period, if service cancellation is due to client's reason, the company can request for default commission charge according to article 39.
- For free service, after cancellation of service utilization contract, the company can automatically cancel without special notice.
Article 20 (Company's Authorization to Cancel Service Utilization)
If the client's service utilization corresponds to the following clauses, the company can cancel service utilization contract with authority without special consultation.
- If there is no proper measures regarding unpaid service utilization fee.
- If information entered in utilization application is proven to be false.
- If the client intentionally disturbs company's service management and cause damage to the company.
- If no proper measures are taken about settlement request regarding article 15.
- If government organization, through legal procedure, request suspension of service because the purpose and process of service utilization violates domestic or international law.
- Taking unnecessary actions by using operating server and cause or attempt to cause damage to the company service or other client's server.
- Due to excessive number of sent spam mail, using IP is registered as spam mail bandwidth at Real-time Blocking List of domestic spam mail watch dog.
- Due to a mass volume network that aims at managing server, management of company service and server of other clients that share the network receive damage.
Chapter 6: Notification of Essential Articles Regarding Service Utilization
Article 21 (Installing Operation System of Server, IDC Move-In and Opening of Service)
- After the company confirms payment of server hosting client, it will notice the service opening date after checking company's schedule and present condition of possessing equipment and facilities such as server.
- If the client request installation of operating system, the company can ask the client about present condition of possession of license related to copyright, and the company will complete the request only if the client possess legitimate documents. If not, the company will refuse installation.
- If servers' operating system that wants installation has security weakness and further security update is not possible, the company can refuse installation.
- Service will start by installing operating system at the server and connecting it to the internet backbone, and start of service utilization date will be the date of server's move in to IDC.
Article 22 (Equipment Rent)
- The client can use the equipment by: renting it for a certain period on the premise that its ownership will be transferred to the company, or renting. When renting, rental fee must be paid monthly.
- If the rented equipment has problem with service utilization, the client can request the company for change of equipment and the company has to accept the request immediately. But, if the problem is caused by the client, he or she must burden the repairing fee and use the equipment after repair.
- If equipment rental for certain period is canceled before expiration of a term, except for the case in which cancellation reason is up to the company, the client must pay cancel default commission charge rated by the agreement.
- If rental fee is overdue for more than a month, the company will make notice regarding payment or return of rental equipment. If payment is not being made for more than a week afterwards, the company can forcibly make rental equipment return.
- As for rental or ownership transfer type equipment, taking it outside the IDC is not possible. If the client need to take the equipment outside, he or she has to pay the server purchase amount as deposit. Deposit will be refunded after the return of server.
- The client must make backup of data regarding management of server before returning the server because after completion of returning procedure, system will freely be formatted, and the client cannot ask for any responsibility from the company regarding loss of data.
Article 23 (Installation of Equipment for Co-location Clients)
- The client must sufficiently test and verify stability of his or her own server before moving it into IDC.
- In order to install equipment in ownership of client to IDC, the client must inform the company and receive confirmation until he or she can install at designated spot.
- For stable administration and protection of other utilizing client facilities, installation is limited to maximum of 25 servers per standard rack. Also, if amount of electricity consumption is beyond 2.2kw (220watt in standard) per standard rack, the client must consult with the company to rearrange the equipment, and if rearrangement is not possible, the company can request for extra electricity bill.
- The company can control thermal-humidity, power management and spatial rearrangement for service management and client has to accept the conditions.
Article 24 (Circuit Connection and Provision of IP Address)
- For provision of access line to the clients, the company makes it a rule to provide one line per applied service.
- The company makes it a rule to assign one IP address per single equipment (Clients' or rental). If more than one assignment is needed, the client must have mutual discussion with the company and the company can assign extra charge related to this.
- If the client is provided more than one IP address, he or she must provide information for current IP address usage whenever the company requests the information.
Article 25 (Technical Support Procedure)
- The client must in person administer the server unless he or she made special server administration contract with the company. The client can ask for technical help when needed, and the company according to policy and level of difficulty, can request for charge.
- The client can apply for technical assistance through phone, internet email and homepage log-in. (The company will confirm ID and password entered when applying for service to identify client)
- In order to request technical assistance that requires log in with system administrators' authority, the client must create a backup in an extra storage device before requesting technical assistance, in preparation of data loss.
- When there is data loss due to worker's fault, the company will restore the system within the backup range. If data that has no backup, it cannot be restored and the client cannot ask for any compensation or responsibility to the company.
- The client within 7dyas after completion of technical assistance can inquire result and ask for rework regarding section that is unsatisfactory or has error. The client cannot ask responsibility to the company regarding problems found afterwards.
- Compensation fee for data loss or malfunction of system due to technical assistance cannot be greater than 5 times the technical assistance fee that the client paid.
- For creating new ID and password due to loss of system administration authority, the company can ask for identification verification other than ID and password check.
Article 26 (Visiting IDC and Working Procedure)
- If client wish to visit IDC, he or she must give notice a day in advance through phone or homepage and receive permission.
- When a worker who is in place of the client is dispatched, visiting IDC is possible only when the worker brings document that can prove entrust of work.
- When visiting, client must bring identification card to verify his or her identification, and in visitor record, enter name, entrance time and etc.
- It is a rule to maintain minimum number of accessing workers in the server room, and the client must receive additional permission when changing number of workers.
- When working in the server room, it is prohibited to contact or change other server, and if the company or other client receives damage due to erroneous contact with LAN cable or socket, the company can request compensation fee.
Article 27 (Repairing Server Disorder)
- For site maintaining conservation, the company has the duty to possess same or similar substitution equipment for 2years after final sale date.
- Disorder or repair of provided equipment is only offered at company site and IDC that the company uses.
- Free charge maintenance guarantee period of product that the client purchase is one year from installation date, and repairment after this period will be charged. However, if server producing and selling company can provide free charge maintenance after a year, it will be regarded as free charge.
- For equipment that the client rented from the company, it will receive free charge service for rental period, and when the ownership is transferred to the client, from the day equipment was used, before a year is free charge and after a year is charged. However, if the server sale company can provide free charge repairment after a year then the service will be free charge.
- Even though product is within free charge period, if the damage is due to clients' mistake, maintenance will be charged. Also, consumable or abrasive components will be charged regardless of guarantee period
- Based on article 11 clause 5, the client must on regular basis backup his or her own server in preparation of data storage device breakdown.
- If storage device face obstacle, the company must immediately start exchange process of unusable storage device according to clause 3, 4 and 5 above.
- The company will not take responsibility for loss data restoration fee caused by physical damage and monetary or managerial loss caused by damage of data storage device; the client must personally work out system restoration due to data storage device obstacle. However, if data storage device has problem within one year starting from service utilization date, the company will provide:
B. installation & settings work previously provided with charge for free
for operating system. However, for damage caused by the client is an exception.
- The company is not responsible for equipment that is not provided by the company
Article 28 (Taking Out Equipment during Service Utilization)
- Even though the service is not being used because equipment has been taken out, service utilization fee will remain the same.
- Equipment or server that is client owned can only be taken out under the condition that there is no delayed fee.
- When taking out equipment, if the client is a business operator, he or she can take out the equipment after submitting a copy of business license and if the client is an individual, he or she can do so after submitting a copy of identification card. If the client is not receiving in person, he or she can still take out the equipment through substitute with letter of autonomy attached.
Article 29 (Handling of Equipment that is in Possession of User with Canceled Service Utilization Contract)
- When canceling service utilization contract the client must take out equipment of his or her ownership right after cancellation, according to the procedure listed in article 28 clause3. It is a principle for the client to receive the equipment in person and if the client wants delivery through parcel or other agencies due to certain reason, the company will not take responsibility for damage or loss.
- Despite the case such as clause 1, if the company has to store the server for more than a month, storage fee of 50 dollars/month per UNIT will be charged and the company will not hold responsibility for damage or loss of data during storage of canceled clients' equipment.
- If the client does not pick up the equipment after 3 months, the company will make prior notification about disposal of equipment to the address that the client entered in service application. If the client does not pick up his or her equipment 2 weeks after the notification, company has the right to dispose clients' equipment and the client cannot ask for responsibility from the company.
- If the client reuses the service after canceling service utilization contract, he or she can be assigned changed IP according to the company's standard of IP usage, and service can be recommenced with changed server location. Also, for clients who wish to reuse the service will have to apply for new service and new installation fee can be charged.
Article 30 (Prevention of Illegal Spam Mail)
- 'Spam Mail' is a mass internet email with commercial advertisement purpose that is transmitted against receivers' will or without receivers' agreement.
- The client must abide by regulations regarding spam mail, justified by 'The law regarding the promotion of information and communication network use and protection of information' and 'Spam mail prevention guideline'.
- The company will receive complain related to spam mail; it will designate a person in charge / manage spam mail and will notify information on the company homepage.
- The person in charge of the spam mail will answer measures to be taken regarding complaint within 7days; however, if the reply is delayed, person in charge of spam mail will notify of delay to the complaint reporter in advance.
- If the spam mail complain is caused by user equipment within the company, person in charge of spam mail will request for solution from the client through internet mail, and the client is to notify the person in charge regarding solution to this problem within 7 days. However, if the reply is being delayed due to clients' reason, he or she is to report the reason to the person in charge of spam mail in advance.
- If the client does not abide by the regulations mentioned in clauses above, or does not follow information in clause 5, the company can take measures such as: suspending service and accuse or report to 'The Ministry of Information and Communication', or related administrative agency or judicial authorities.
Chapter 7: Prevention and Reaction to Electronic Security Incident
Article 31 (Justification of Electronic Security Incident)
- “Electronic infringement” is attacking information system through hacking, computer virus, logic/mail bomb, refusal of service or high power electromagnetic wave.
- “Electronic infringement incident” is an occurrence caused by infringement.
- “Security threat” is causing reason of damage or harm to security of information system.
- “Security weakness” is weakness of information system that is subject to security threat.
Article 32 (Responsibility of Company Regarding Prevention and Reaction to Electronic Security)
- The company will frequently provide notification regarding hacking, computer virus and security related information that can be a threat to clients' information network system through internet mail or homepage.
- The company, for security and reliability of client equipment and network of whole IDC, can regularly or irregularly analyze clients' interior network weakness.
- After analyzing security weakness, the company will provide result and solution to the client to apply for strengthening security of clients' interior system and network.
- The company will not reveal client information gained from security weakness analysis to a third party, and will not use the information for any other purposes other than strengthening of client interior system and network.
- The company will assign following person to be in charge and manage receiving and resolving of infringement accident.
- Person in charge of infringement accident
Window management division
Position: Deputy Head of department
Name: Lee Yong Deok
- Infringement accident reception desk
Internet mail address: firstname.lastname@example.org
Article 33 (Responsibility of Client Regarding Prevention and Reaction to Electronic Security Incident)
- The client must take appropriate security measure regarding information system to prevent infringement accident.
- The client must review warning and security weakness related information provided by the company and faithfully perform matters of indication for preventing security infringement.
- The client cannot use company's or other clients' information system for infringement that threatens security of the company or other clients, like the following.
- Spreading computer virus or malicious program
- Scanning information system other than that of the clients' for weakness
- Unauthorized illegal invasion of information system other than that of the clients'
- Disturbing service through inducing massive traffic and etc.
- Other infringement action that disturbs the company from providing normal service.
- Assign a person in charge of emergency contact who can answer 24 hours with the company regarding infringement accident, and notify the persons' phone number, mobile phone number and internet email address to the company. If the contact information of person in charge is changed, the client must notify the changes to the company immediately.
- The client must contact the company's person in charge of the infringement accident if there is a symptom or infringement accident to the managing information system.
Chapter 8: Service Utilization Fee
Article 34 (General Principles of Service Utilization Fee)
- Service utilization fee details and changes will be notified at company homepage according to article 6.
- Type of service utilization fee that the client must pay is like the following
- Installation fee: Payment for opening of new service or reinstalling of service while using.
- Service utilization fee: General fee per service type.
- Additional utilization fee: Utilization fee for exceeded service standard or additional service.
- Installation fee for new service stated in clause 2 sub-clause 1, is payment made only once for new service or installation change. There will be no refund after payment has been made.
- It is a principle to pay utilization fee in advance; however, according to the company's policy or type of service, payment can be made afterwards.
- During utilization contract period, even though there is a change in utilization fee, it will not be retrospectively applied to the present contract without special reason.
Article 35 (Payment of Service Utilization Fee)
- The client must pay service utilization fee at payment due date. If not, restriction to network access according to article 15 or utilization contract based on article 19 can be cancelled.
- Utilization fee payment can be made through credit card, online payment or electronic payment, and unless due to an inevitable reason, it cannot be paid directly through cash.
- If the client pay utilization fee with a name that the company cannot recognize, the client has the responsibility to make notice. Disadvantages such as service suspension that arise from not noticing is up to the client.
Article 36 (Calculating Service Utilization Fee)
- Calculation of new server utilization fee will be done based on service opening date, and according to the payment period decided by the company, payment date and payment amount will be calculated.
- If the client who made advance payment changes or cancels service while using, calculation regarding current service utilization amount and balance is like the following.
- Utilization amount = [Prepayment sum quota by month x number of utilization month till last month] + [Prepayment sum quota by day x number of days used that month]
* Prepayment sum quota by month = prepayment sum/prepayment number of months
* Prepayment sum quota by day = prepayment sum quota by month / 30 days
- Balance = prepayment sum – utilization sum
However, if canceled client or client changing to lower rank service received discount for advance payment, usage sum will be standardized by normal amount without discount.
- If client who made advance payment cancels in the middle of utilization, utilization fee will be refunded according to the following clause.
Calculate utilization fee quota by day for utilization opening date to canceling date by applying company's normal monthly fee with no discount, and refund 90% of the advanced payment which excludes usage sum within 15 days after cancellation apply date. Non-refundable 10% is the cancellation fee charged in which the client pay for canceling the service utilization contract before contract termination date.
- If client who pay afterwards cancels in the middle of utilization, calculation for service utilization fee of cancellation month is like the following:
- Service change utilization sum
Changed utilization fee = [Previous service utilization fee / 30 days x that month service utilization days] + [New service utilization fee / 30days x that month service utilization days left]
- Service cancellation usage sum
Cancellation usage sum = that month service utilization fee / 30days x that month service usage days
Article 37 (Management Regulation of Delayed Service Utilization Fee)
- If the client does not pay service utilization fee after payment due date, subsequent service utilization will be restricted, and if not paid after 7days from utilization restriction date, the company, according to article 19 can cancel service utilization contract.
- The company can ask credit Information Company for credit collection to receive delayed utilization fee.
Article 38 (Imposing Loss Incurred by Delay)
- If the client does not pay utilization fee until the assigned due date, the company can request 3/100 of the amount as delayed compensation fee from the client.
- As for delayed compensation fee according to clause 1 above, it can be requested additionally to the delayed fee, from the day after the payment due date.
Article 39 (Claiming Agreement Cancellation Fee)
If there is an agreement related to contract period when selecting service on homepage or filling in service application form, when due to clients' cause, the service is canceled before agreement termination period, without special term, the company will request compensation fee according to the following standards.
- Contract default commission charge = installation exemption amount + utilization fee discount + 30% of remaining service utilization.
- 30% of remaining fee payment : average monthly utilization fee for latest 3 month x number of remaining month x left over x 0.3
Article 40 (Objecting to Requested Payment and Handling of Excess Payment & Payment Error)
- If the client has objection regarding payment request, he or she must report the company within 15 days and the company will notice the result through writing or cable within 7 days.
- If the company due to unavoidable reason cannot make notice of result during the period decided according to Clause 1, He or she must do so through writing or cable.
- If there is excess or mistake in payment, it is principled to make offset disposal of the amount with new service utilization fee. If refund according to excess pay is requested, the amount will be deposit into the account that the client choose and will not be refunded through cash.
- It is a principle to regard credit card payment by canceling sale of credit card payment; however, if the canceling of sale is impossible due to overtime, the company will refund after taking out 5% commission fee.
Article 41 (Collection of Evaded Fee)
If the client does not obey these terms in agreement, and get away with utilization fee, the company can request double the get away fee.
Chapter 9: Compensation Fee
Article 42 (Range of Compensation Fee)
- If due to company's cause, the client is unable to use the service, the company has to compensate for the damages.
- If the client is unable to use the service due to company's fault, the company will provide compensation for continuous suspension of service provision over 4 hours from the time company was informed about the problem by :
Finding the number gained from dividing average daily charge of recent 3 month (for below 3 months, apply affected period) by 24 (time) and multiplying the number by the number of suspension hours. Compensation will be made based on 5 times the final number. In this case, if the minute is below 1 hour, it is considered as one hour.
Article 43 (Requesting Compensation Fee)
- Compensation request must be made by writing request reason, request amount and basis of calculation.
- Compensation request like clause 1 must be made within 3 months after finding out the reason or else right of claim will disappear. Same applies for 3 months after occurrence of compensation reason.
Article 44 (Requesting Compensation Fee from Client)
- If the client violates terms regulated by the agreement and cause damage to the company, the company can request compensation from the client.
- When the company asks the client for compensation, the procedure will adapt rules from article 43.
Article 45 (Exemption)
- If the clients' damage is due to reasons of article 14, 15, 20 and clause 4 of article 27 and clause 6 of article 27, or company's exemption from article 6 of this agreement, the company has no responsibility regarding compensation.
- The company has no responsibility if the client didn't gain expected profit from provided company service or received damage from expected value, selection of service information and service utilization accompanied from service usage.
- For clients who do not use back up service provided by the company, they should autonomously always back up, and any damage caused from not doing so is not the company's responsibility.
- The company will not take responsibility for damage caused by product deal between client or user and third party with service as medium.
- The company will not take any responsibility regarding free service provided from the company.
Article 46 (Resolve of Dispute)
- If there is any dispute regarding agreement or service utilization, it is principled to contact Korean Commercial Arbitration Board to request for mediation.
- If there is a legal dispute, it is to be raised to a competent court of company location.
Article 47 (Expressing Conclusion of a Contract)
- The company promise to faithfully abide by the agreement above and will replace signature by service provision.
- The client promise to faithfully abide by the agreement above and will replace signature by paying for service application fee.
< Supplementary Provision 1 >
Article 1 (Calculating Fee)
- Payment method is advance, and client can choose payment type from monthly, semiannually and annually.
- First months' payment
Article 2 (Management Operation Service)
- Administration management service package includes administration management co-location, administration management permanent lease server, and administration management ownership transfer server.
- Administration management service provision time is weekdays from 9am to 7pm and work afterwards will be handled the following weekday work hours. However, urgent server obstacle is provided 24 hours.
- Details of administration management service are
- Server Setting: Server setting, streaming server setting, mysql setting, mssql setting, jdk, jsdk setting, ftp, telnet setting
- Mail server setting: Send mail setting, qmail setting, web mail setting
- Server upgrade: Version upgrade, regular upgrade, entire upgrade patch
- Regular inspection: Back up inspection, trouble adjustment
- Back up: Autonomal server backup (when extra hard drive is attached)
- Server restoration: fast server and server restoration when facing disorder,
- Client setting request: Provide permission adjustment, domain setting, mail setting, account setting, and ftp account setting, creating terminal account.
< Supplementary Provision 2 >
Article 1 (Additional Service)
- Service that provides parts needed for Hanbiro-developed software or other server management as additional service, allowing clients to select package that they want for utilization. Among the packages, additional service provided at cost are included. (When adding Groupware-User, change to additional service provided at cost, firewall, MS-ASP, back up service, mobile streaming, real name authentication, electronic payment system and etc.)
- Additional service package includes software, security, server control system, network, server buildup / management and etc.
Article 2 (Additional Service Detail)
- For details of software there are services such as: groupware, mobile office (Enterprise type mail), enterprise type messenger, web analyzer, PC remote support and etc.
- For details of security there are services such as: integrate control service, firewall service, web firewall, anti-virus (vaccine), security server SSL and etc, and following services are provided through connection with Security Company.
- Server control system details include services such as: monitoring/perceiving disorder, website monitoring, domain expiration date and etc.
- Network details include services such as: VPN service, Intelligent DNS, authentication gateway, L4 load balancing and etc.
- Server construction and management details include services such as: MS-ASP (Window OS/DB), CDP back up service, HA (high availability) hosting, mobile streaming and etc.
- Other details include service such as: electronic payment service, real name authentication service, DNS web administrator, LINUX server administrator and etc.
(Starting date) This agreement starts from 2007- November- 01.
(Revise date) This agreement starting from 2007- November- 01 has been changed from previous agreement by adapting Korea internet Hosting Association's joint agreement.
This agreement received approval starting from 2007- November- 01.
Hanbiro Groupware Service Agreement of Utilization
Chapter 1: General Rules
Article 1 (Purpose)
This Agreement is purposed to regulate utilization conditions between the company and the user, and to regulate various other required procedures regarding SaaS type Groupware Service (or Service) provided by Hanbiro Corporation (or company),
Article 2 (Effectiveness of the term and changes)
- This Agreement will be noticed through Service Introduction homepage run by the company (www.hanbiro.com)
- The company can change the agreement when in need, and when it does so, it will give notice through method showed in clause 1 above. However, important changes in the agreement terms such as user right and obligation will be noticed at least 7 days beforehand.
Article 3 (Definition of terminology)
The words used in this agreement is like the following
- Service: Clients using general and optional functions that is provided by the company
- User: Individual or company that agreed with the company regarding utilization of service
- Utilization Contract: A contract made between the user and the company with the purpose of utilization of service.
- ID: A combination of numbers and alphabets that user select and approve for user classification and service usage.
- Password: A combination of numbers and alphabets that the user select and approve for exclusive usage of his or her ID.
- Server Hosting Type: A type of service in which the client exclusively uses an individual server other than an engineer with exclusive charge.
Article 4 (Regulation other than the Agreement)
Information that is not stated in this term will be applied according to related statute and purpose of this agreement.
Chapter 2: Service Utilization Contract
Article 5 (Formation of Utilization Contract)
- Utilization of contract for the service works as a company’s' agreement to the applicants' (or users') application for utilization
- The user is limited to a licensee or a company, and must hand over a prescribed form for application and business license set by the company or a documentary evidence that the local government or a governmental institution publish.
- When the company accepts application for utilization, it will send the following information to the user via email and telephone.
- Groupware access domain
- Groupware administrator ID and password
- Starting date for service supply
- Information regarding charge (including cancellation fee)
- Other things that the company admits its need.
Article 6 (Refusal and restriction of application for utilization)
The company will not accept an application for utilization that is applicable to the following clauses
- When the applicant applies with a different persons' name
- When the information for application is a false entry or when a false document is attached to the application.
- When the applicant is registered as delinquent borrower according to the law regarding usage or promotion of credit information.
- When acceptance is difficult due to impute reason of another applicant.
Article 7 (Contract period)
- Utilization contract period must be at least one month long.
- The user can apply for a periodic utilization contract of an advance agreement in which the contract period can be set as 1 or 2 years long.
- If there is no notice from other party regarding termination of contract or adjustment of contract before the contract deadline, utilization contract will be automatically extended with the same condition at a unit of one month.
Article 8 (Change in user information)
If the user has a change in information from the one it has provided to the company, he or she must modify the changed user information like the methods listed in the following clauses.
- If an information that affects utilization fee claim such as company or representative, the user is to submit a copy of business license including the changed information and request the company for adjustment of information.
- If there is a change in automatic transfer account information, the user is to submit a copy of bankbook that is under the changed corporates’' name and request the company for adjustment of information.
- Change in groupware user information can be made in groupware user page, under personal information management menu.
Chapter 3: Service Provision, Utilization and Suspension
Article 9 (Service information)
- Information on types of service that the company provides to the users is as follows
- Hanbiro mail: email, bulletin board, address book, schedule management and cloud disk
- Hanbiro groupware: email, bulletin board, address book, schedule, cloud disk, messenger, project, common utility, electronic approval, document administration, business report, To-do, business log, notification bulletin, absence and holiday
- Hanbiro messenger
- Hanbiro cloud disk
- According to the groupware administrator and groupware user, parts of service usage will be limited.
- If there is an addition, change or deletion of service information, the company can inform it to the person in charge of users' groupware or notice it on the groupware advertisement website (www.hanbiro.com) under announcement and perform the change.
Article 10 (Management of service)
- As a rule, the service is to be provided 24 hours a day for open year-round unless the company has a business, technological obstacle or other specific reasons. However, if there is a difficulty in service usage due to reasons such as irresistible systematic obstacle, congestion of service usage or inspection of equipment in which the company is needed, the company can restrict parts or all of service usage exceptionally.
- If the company cannot provide the service due to natural disaster or irresistible reasons, the company will be exempt from responsibilities.
- The company will not take responsibilities for utilization of service obstacle that is due to the users' reason for fault.
Article 11 (Restriction or suspension of utilization)
- The company can restrict or suspend utilization of service when a condition that meets the following clauses occurs.
- When the user intentionally or inadvertently disturbs the management of service.
- If the service utilization fee hasn't been paid for over 45 days.
- Owing to unavoidable circumstances such as check, repairment or construction of service equipment (In this case the company will suspend the service after it notifies the user in advance.)
- When key telecommunications business operator regulated by telecommunications business act cuts down telecommunication of service.
- If there is a disturbance in service usage due to natural disaster, national emergency, obstacle in service facilities or congestion of service usage.
- If a member violates responsibility of the member stated in article 13.
- If continuation of service is considered unsuitable due to other significant reason.
- After one month of service cancellation, all data will be deleted.
- If the company suspends the users' utilization of service, it must notify the reason, date and term to the user, 7days before suspension of utilization.
- The company will without delay lift suspension of utilization when the reason for usage suspension has been cleared.
Article 12 (Duty of a company)
- The company has the responsibility to continuously and stably provide the service according to the decided terms unless it has a specific reason.
- The company will obey and make an official announcement about personal information handling policy. Also, the company should have a security system to protect users' personal information so that the user can use the service safely.
- The company cannot leak data that resulted from company service.
- While performing contract related procedure with the client, the company will strive to provide convenience to the user regarding conclusion of a contract and adjustment or change in contract information.
Article 13 (Duty of a user)
- The user must obey the terms regulated by this agreement, general terms of telecommunication service utilization or relational statute, and terms notified through utilization of service guidance.
- The user relevant to the following clause will have his or her posts deleted or his or her service partly or wholly restricted.
- When the user sends massive amount of information or advertisement continuously regardless of the receivers' intention and prevents the service from running properly (ex. Spam Mail).
- If the user spreads computer virus that causes the destruction of information or malfunction of information and communications facilities.
- When there is a request from Korea Internet Safety Commission to rectify or when the user receives an authoritative interpretation from the National Election Commission regarding illegal campaigning.
- Illegal use of others' ID
- Duplicating or distributing information gained from using the service commercially without the company’s' agreement
- Violation of information and communications related legislations.
- The user must enter real user information when applying for the service. If the user does not enter real name or information, the user will not receive legal protection and could receive restriction in utilization of service.
- The user must inform the company immediately when there is a change in information such as address, contact, corporate registration number or utilization contract terms, and any disadvantages caused due to negligence will be the users' fault.
Article 14 (Storage of Utilization of Service Information)
- The company will store user information according to capacity policy.
- Cancelled user information is unable to be checked via company service, so the user must download or store user information in a PC or other media before cancellation of agreement.
- The company has no duty to store user information of a cancelled user.
Article 15 (User information protection and application)
- The company will collect minimum information required for service provision.
- The company cannot give away user information gained while providing service to others without prior confirmation of user and cannot use user information for a different purpose other than service related work.
- The user can always request to peruse or correct his or her personal information and the company holds responsibility to provide necessary action without delay. When the user requests for correction, the company will not use user information until the error has been corrected.
- The company will provide various information that it thinks is necessary for the user to use the service via email.
Chapter 4: Utilization of Service Fee
Article 16 (Types of Fee)
- Types of fee that the user must pay in exchange of utilization of company service are as follows in table 1.
- Fee for server hosting type in general will pay additional 50,000won a month to the SaaS type fee and extra amount will be added according to server spec and number of server.
- The types of fee that the user must pay in exchange for Groupware Service will be posted on Groupware Service Introduction page (www.hanbiro.com)
Article 17 (Discount of charge)
Discount of payment that the user can receive is as follows in table 1.
Article 18 (Utilization fee payer)
- Utilization fee payer makes it a rule to be the user. But under an arrangement, other person can be appointed to be the utilization fee payer.
- Utilization fee payer must be faithful to payment, and holds all responsibilities that arise from unpaid charges. However, it is not the case when company holds intentional or gross negligence.
- The company can cut down service with its authority when the payers' charge is overdue for more than 45 days. Also, if the charge is overdue for 15 more days after suspension of service, the company can cancel the service with authority.
Article 19 (Payment Request)
- The company must send payment request so that the payer can receive the request 5 days before the payment due date.
- The fee during temporary suspension or suspension of service term will not be claimed.
- The payer must pay the fee at a collecting agency assigned by the company until the due date.
Article 20 (Applying for objection to utilization fee)
- When there is an error in payment request, the company will take the following actions.
- As a rule, if the payer pays excessive amount, the excess money is to be returned. However, with clients' agreement, the excess payment can be transferred to the following payment request date.
- If the company made payment omission, it has to sum up the payment by the following payment request date.
- If the user has objection against utilization fee, he or she must notice within one month after finding out the occurrence of reason and within two months after the happening of occurrence.
Article 21 (Payment due date)
- The payer must pay for charge every 10th (if the day is national holiday, pay on a work day right before) day of a month.
- If the company agrees, the user can make payment in advance or later.
- The company can suspend service with its authority when the payers' charge is overdue for more than 45 days. Also, if the charge is overdue for 15 more days after suspension, the company can cancel service with authority.
Chapter 5: Cancellation of Agreement
Article 22 (Prohibition of transfer and Succession of Position)
- Unless the user is included in the following clauses for succession of user position, the position is prohibited from being transferred or succeeded and cannot be used for any pledge purpose.
- If an occurrence applicable to the following sub-clauses occurs, the user authority can be succeeded.
- When the user merger with other corporation, and the corporation that subsists takes over the right of using.
- When more than two companies merger and the new company takes over the right of using.
- When a single company divides into two or more companies and one of the companies takes over the right of using.
- And any occurrence other than the three sub-clauses above that the company accepts the need.
- According to clause 2, the company or an individual that succeeds the position must notice the company about the following sub-clauses.
- Change in user (including a copy of business license of changed user)
- Change in automatic transfer account for charge (including a copy of bankbook for changed company or an individual)
Article 23 (Cancellation of Agreement of Utilization by User)
- If the user wants to cancel utilization agreement, the user him or herself must contact the company through online, phone, fax or mail to apply for cancellation and after cancellation of utilization agreement, the company will after 1 month, delete user information and after 3 months delete user ID.
- The user corresponding to the following sub-clauses can cancel or terminate agreement without having to pay cancellation fee.
- If due to company’s' fault, obstacle accumulation time per month is over 48 hours.
- If due to company’s' fault, obstacle(over an hour) occurred more than 5 times a month
Article 24 (Cancellation of utilization agreement by company)
- The company at following occurrences can cancel agreement of utilization between the user
- When there has been a serious obstacle or intentional disturbance to service maintenance.
- Illegal use of other others' ID or password.
- Illegal use of others' account number or credit card number.
- When without the company’s' advance agreement, the information gained from service use is used for commercial purpose through copy, publication, public media or provided to a third party.
- When other's honor or right has been violated through the use of company service.
- When the client is unable to discharge debt due to reasons such as bankruptcy, application for composition, default or commencement of company reorganization procedure.
- Contrasting to good custom or social order.
- Without an appropriate reason, the user refuses or disturbs actuality of utilization check, to hide contract terms.
- When other related regulations or utilization terms decided by the user is violated.
- Unless the user violates the agreement terms and resolves it within fixed hour after rectify notice has been made, the company can cancel the agreement of service utilization.
- The company will notice the user relevant to clause 1 about cancellation of agreement of utilization and will provide opportunity for clients to explain the reasons regarding clause 4 within 30 days.
Article 25 (Cancellation Fee)
- If the agreement is cancelled before contract deadline due to client's fault or circumstances, the client must pay the company, following cancellation fee.
- Free service fee provided at the beginning of contract.
- Discount service fee from long term contract
Chapter 6: Compensation for damage and others
Article 26 (compensation for damage)
- To any disadvantages that the client received from being unable to use the entire service for more than 24 hours due to company's fault, the company will provide compensation by - reckoning unused days starting from the day company got to know about the obstacle due to clients' notice or other reasons, until the day utilization of service became possible, and pay the client (after negotiation), triple amount of multiple of unused days and average daily payment of the clients' monthly utilization fee payment.
- The company has no obligation to take part in a dispute by service between a client and a third party, and has no responsibility to compensate for any damage cause by the conflict.
- If the user caused damage to the company or a third party by violating mandatory regulations in article 13, the user must compensate for the damage.
- Compensation fee due to company’s' executory of service or imperfection of performance will not exceed the amount of one month utilization of service fee.
Article 27 (Exemption)
- The company will not hold responsibility for any disadvantage the user receives that is based on the following clauses.
- Due to natural disaster, war or irresistible reason.
- Circumstances in which the disadvantage is caused by the users' intentional or unintentional fault.
- Obstacle due to common carrier provided by a telecommunication service other than the company.
- User security incident caused by Information System Security Management.
- Suspension of service to prevent further spread of user security incident.
- Suspension of service related to state of national emergency or national network failure.
- Irresistible reason due to characteristic of telecommunication Service.
- The company will not take responsibility for any error related to information on utilization of service, data and other information that is based on users' fault.
Article 28 (Settling of Dispute and Competent Court)
- The company and the user must use all effort to settle dispute relevant to the service.
- If a lawsuit is submitted despite all effort, the competent court for the lawsuit will be the one that have control over company’s' site.
Supplementary provision (May. 07. 2014)
(Enforcement Date) This Agreement will be enforced from May 07 2014.
[Table 1] Service type and Charge table
1. General charge (additional tax separated)
|Utilization Fee per month
|3GB per user
|10GB per user
|1GB per user
|Hanbiro Cloud Disk
|20GB per user
|Minimum 10 Users
2. Additional capacity charge
Additional 50GB: 10,000 won per month (additional tax separated)
- SaaS type:
6 month advance payment – 1 month discount
12 month advance payment – 2 month discount
- Server hosting type:
6 month advance payment – 5% discount
12 month advance payment – 10% discount