Terms and Conditions (Extracts of important articles)

JAPANESE

Terms and Conditions (Extracts of important articles)

This Terms and Conditions (hereinafter referred to as "Conditions") shall be applied to certain transactions between TransRemittance Co., Ltd. (hereinafter referred to as "the Company") and the applicant of foreign remittances.

Art. 1 (Scope of application)

The Company is a fund transfer operator licensed under "Act on Payment and Settlement of Fund" and remittances conducted by the Company are not foreign exchange transactions conducted by the banks, etc.
The Company shall not accept deposits, savings or term deposits with regular/fixed amount installments (term deposits referred in Article 2.4 of " Banking Act").
Fund transfer services by the Company(hereinafter referred to as "the Service") shall not be subject to the insurance coverage prescribed in Article 53 of " Deposit Insurance Act" or Article 55 of " The Agricultural and Fishery Cooperation Savings Insurance Act"
For the sake of safety of the applicant's assets in the Service, the Company shall place security deposit pursuant to "Act on Payment and Settlement of Funds".
And referred security deposit has been placed at Tokyo Legal Affairs Bureau.
The applicant shall be entitled to claim payment of security deposit.
Only when the applicant agrees this Conditions and is registered by the Company as a member of foreign remittance transaction, the applicant shall be able to make foreign remittance transaction with the Company.
Membership registered as a member of foreign remittance transaction is valid for 2(two) years and the validity shall be automatically extended for another 2(two) years unless the member proposes cancellation. The extension shall continue in the same manner. The member shall be able to repeatedly and continuously make use of the Service. However if the member does not use the Service for more than 2(two) years, registration of membership shall be deleted on December 31 coming soon after the validity date of two years' period.
When the member proposes the cancellation of membership, the registration of membership shall be immediately cancelled and for the reuse of the Service, the member is required to make new registration.
Any fee shall not be charged for deletion or cancellation of membership.
2. This Conditions shall be applied to the foreign remittance transaction prescribed in the following which is made under the application form "REMITTANCE APPLICATION & REGISTRATION WITH DECLARATION" (hereinafter referred to as "Remittance Application")  
(1) Foreign remittance transaction
(2) Transaction similar to the above

3. For the remittance in foreign currency, the exchange rate determined pursuant to Art.16 of this Conditions shall be applied to the exchange between foreign currency and Japanese Yen.
4. Maximum amount of remittance at one time in the Service is 1(one) million yen in accordance with limitation set by "Act on Payment and Settlement of Fund" and the Company shall not conduct remittance exceeding this amount. However when remittance amount is limited by the law or regulation of the beneficiary's country, then whichever lower amount shall be maximum amount of remittance.
Remittance by the same member per one day is limited up to five times a day. However some remittance requests shall not be acceptable by the Company due to the procedures of the Company and Correspondents.

Art. 2 (Definitions)

Terms used in this Conditions shall be defined as follows;

1. Foreign remittance transaction
Following transactions conducted by the Company in accordance with entrustment of the applicant;

(1) Issue of payment orders to the Company's correspondent banks abroad or other financial institutions (hereinafter referred to as "Correspondents") designated by the applicant to credit certain amount to the beneficiary maintained at Correspondents. Standard time for this transaction is within 2(two) days.

(2) Issue of payment orders to Correspondents designated by the applicant that they will deliver fund to the beneficiary's residence designated by the applicant. Standard timefor this transaction is within 24 hours. The delivery may be delayed due to conditions caused by natural disasters, traffics and transports etc. happened in the local. When remittance amount exceeds the amount fixed by Corresponds, the delivery shall not be conducted at the discretion of Correspondents.

(3) Issue of payment orders to Corresondents designated by the applicant that the beneficiary designated by the applicant shall receive payment of fund over the counter of offices of Correspondents.
Standard time for this transaction :
When remittance amount is less than the amount fixed by Correspondents, payments is available in 30 minutes after conclusion of remittance entrustment contract as prescribed in Article 14.
When remittance amount exceeds the amount fixed by Correspondents, payment shall be made in accordance with the procedures of Correspondents.

2. Payment order
Issue of payment instruction to Correspondents in accordance with entrustment by the applicant to make certain amount of money available to the beneficiary.

Art. 3 (Identification of the applicant)

1. Pursuant to "Act on Prevention of Transfer of Criminal Proceeds" and other related laws and regulations (hereinafter referred to as "Laws", which include administrative advices, guidelines, policies etc. of authorities concerned which the Company is generally required to obey) , the Company shall check the identification of the applicant and then make registration as remittance applicant.
The Company shall identify the applicant by means of requesting presentation of identification materials or by any other way. The applicant is required to submit identification materials when provided information are deemed doubtful and another person appears to disguise as the member.
Pursuant to Laws, check of identification shall be made either the applicant is an individual or a corporate body.

2. Even if the Company once accepts the remittance request, the Company may cancel the request when identification procedure is not completed.

3. In addition to the preceding two Paragraphs, the Company may cancel the remittance request when identification procedure has not been completed or the Company deems that identification shall not be completed.

Art. 4 (Registration)

Once registration is made as the applicant of remittance in accordance with Paragraph 1 of preceding Article, the amendments of provided information should be advised to the Company.
The Company may request the applicant to submit additional identification materials, when the Company requires in view of the Company’s rule and relative Laws.
In registering as a corporate member, the applicant is requested to submit copies of documents (identification materials) certifying that the applicant is incorporated.
The identification of representative of the corporate member shall be checked.
In addition, the corporate member is requested to submit names of substantial controller of the corporation.

Art. 6 (Transaction and business day)

The Company in general conducts the remittance on the day when the company receives the remittance request as long as the applicant does not indicate special instruction. However, depending on date or time of receiving remittance request, the company may conduct transaction on following business day. In this event, the Company shall deem that the remittance request has been canceled if remittance funds have not been credited to the bank account designated by the Company or the credit has not been confirmed by the Company at the time of remittance transaction on following day. Business day means days except non-business days prescribed by the Company (every Saturday and Sunday except last Saturday of each month, national holidays, Year End and New Year Holidays and other days designated by the Company).

Art. 7 (Amendment of provided information)

1. The applicant shall immediately advise the Company in writing of such amendments as of name(company name), address (company address), telephone number, electronic mail address, occupation, signature, code number and any other information previously provided by the applicant.

2. The amendment in the preceding Paragraph shall come effective to the Company when the Company has completed necessary amendment procedure.

3. When mail or documents sent to the registered name and address or to the amended name and address have been returned to the Company, the Company shall check and confirm the right information. And when the Company is unable to find the right information, the Company shall not accept the remittance request until the applicant provides right information. The same shall be applied to the case that electronic mail sent to the registered address has been returned.

4. When communication trouble causes delay or non arrival of mail or electronic mail which were correctly sent by the Company to the registered address of the applicant, those mail and electronic mail are deemed that they arrived to the applicant at expected time and date. And the Company is not responsible for any losses and damages caused by this delay or non arrival unless those are caused by the Company intentionally or by its fatal error.

Art.12 (Request for remittance)

1. Request for remittance shall be handled as follows:
(1) The remittance request at the counter of the Company shall be received during business hour (9:00 to 18:00 from Monday to Friday and last Saturday of each month).
(2) The remittance request except at the counter of the Company shall be also received during business hour (as prescribed in the preceding Paragraph).
(3) Remittance request received out of business hour or on non business day shall be handled on following business day.
(4) Remittance request shall be made through telephone or at the counter of the Company.
Applicant should correctly state regarding following information:
type of remittance, method of payment, name of paying bank and branch or its address, beneficiary’s account number, name, address and telephone number, name of correspondent, applicant’s name, address, telephone number and other items prescribed by the Company.
(5)The Company shall deem that information mentioned in the Remittance Confirmation are requested items of the applicant. 

2. When receiving a remittance request, the Company is required to ascertain certain items under the laws and regulations governing foreign exchange. The applicant is therefore requested to proceed the following procedure:
(1) In making Remittance Confirmation, please state correctly the purpose for remittance and any other
 information required in Remittance Confirmation.
(2) Except the case that the applicant is already identified by the official documents as described by the Company, please present original of Driving License, Passport (with address filled in ), Health Insurance Card(with address filled in), Alien Registration Card etc. or submit copy of such documents.
(3) For transaction requiring permission or license, please present original documents to prove such permission or submit copy of such documents.

3. When requesting a remittance, the applicant is required to pay to the Company fund to be remitted, remittance charges, expenses born at Correspondents, and any other required fees and charges relating the remittance ( hereinafter referred to as collectively " Remittance Funds") The Company shall not accept checks or other instruments for the payment of the Remittance Funds, which shall be paid in the following manner:
(1) The applicant shall remit to the bank account designated by the Company
(2) The applicant shall send Cash Registered Mail to the Company
(3) The applicant shall pay at the counter of the Company's Office

Art.13 (Remittance entrustment contract and its cancellation)

1. The remittance entrustment contract(hereinafter referred to as "the Contract") shall be deemed to have been concluded when the Company confirms and accepts remittance request at each remittance and receives the Remittance Funds for the relative remittance.

2. When the Contract is concluded as stated in the preceding Paragraph and the remittance is carried out, the Company shall provide the applicant with statement of remittance or other documents representing the Contract. The applicant should properly keep the statement of remittance or other documents mentioned above, since the Company may request the applicant to submit those documents later on in the events of cancellation or refund.

3. Even after the Contracts are concluded as stated in the Paragraph 1. above, the Company may cancel the Contract, should the company recognize any of the following before the dispatch of payment orders to Correspondents. The Company shall be not responsible for any losses or damages caused by this cancellation.
(1) The remittance is against laws and regulations governing foreign exchange such as the case that the remittance corresponds to emergency suspension of remittance.
(2) A war, civil war or freeze of assets or suspension of payment of Correspondents occur or threaten to occur.
(3) Other reasonable grounds such as the case that the remittance is related with crime or injustice.
(4) Charges for relative remittance have not been paid to the Company.

4. In case of cancellation pursuant to the preceding Paragraph, the Company shall return the remittance funds to the applicant. In such event, the applicant shall submit a receipt prescribed by the Company with applicant's signature or name and seal which are identical to those used on the Remittance Application along with the statement of remittance as stated in Paragraph 2. above. In this occasion, the Company may request the applicant to submit identification materials as described by the Company.

5. The Company shall not be responsible for any losses or damages caused when the Company returns the remittance funds to the applicant after verifying with reasonable care that the signature or seal impression used on the receipt or other documents matches those which were used on the Remittance Application.

Art.15 (Fee and expenses)

1. When the Company receives the remittance request, the applicant is required to pay the remittance fee, fee for Correspondents and any other fee and expenses required relating this transaction as prescribed by the Company.
Additional fee and expenses for Correspondents if any shall be paid by the applicant later on.
When the applicant indicates to pay expenses of Correspondent, the Company shall charge the expenses to the applicant and advise this effect to Correspondent in the payment order. In this event, the Company shall not be responsible even if Correspondents deduct their expenses from remittance amount.

(1) Fees for remittance to Philippines
a. Remittance in Philippine Peso―Japanese Yen(JPY) to Philippine Peso(PHP)
Remittance Amount             Remittance Fee
JPY1        to JPY10,000       JPY500
JPY10,001  to JPY30,000       JPY750
JPY30,001  to JPY50,000       JPY950
JPY50,001  to JPY80,000       JPY1,250
JPY80,001  to JPY200,000      JPY1,450
JPY200,001 to JPY1,000,000    JPY1,750

b. Remittance in Japanese Yen―Japanese Yen(JPY) to Japanese Yen(JPY)
Remittance Amount             Remittance Fee
JPY10,000  to  JPY200,000    JPY3,500
JPY210,000 to  JPY300,000    JPY4,000

(2) Fees for Remittance to Nepal
Remittance in Nepalese Rupee―Japanese Yen(JPY) to Nepalese Rupee(NPR)
Remittance Amount             Remittance Fe
JPY1         to JPY50,000      JPY300
JPY50,001 to JPY100,000      JPY400
JPY100,001 to JPY1,000,000   JPY800

* Remittance Fee shall be varied due to campaign etc. within the amount indicated above

2. In receiving requests for inquiry, amendment or cancellation from the applicant, the Company shall claim the applicant to pay certain fee and expenses as prescribed by the Company and Correspondents, which are set out below:
(1) Inquiry fee \500.- flat
(2) Amendment fee \500.- flat
(3) Charge for cancellation and non-arrival of remittance \500.- flat
(4) Fee for exchange and remittance in refunding remittance funds to the applicant and other fee depending the case

Art.16 (Exchange rate)

1. Exchabge rate of JPY/PHP shall be decided through USD/PHP and USD/JPY.
USD/PHP indicated by Correspondent (LBC) shall be applied.
USD/JPY to be applied shall be decided adding spread of 0 to 0.5% to USD/JPY
decided in view of Market conditions and TTM rates indicated by The Bank of Tokyo-Mitsubishi UFJ,Ltd., Mizuho Bank, Ltd. Sumitomo Mitsui Banking Corp., Philippine National Bank and Metropolitan Bank and Trust Company. Exchange rate shall be changed in connection with market conditions. Exchange rate of JPY/NPR shall be indicated by Correspondent(EASYLINK REMITTANCE Pvt. Ltd.) 3 times a day and changed in connection with market conditions. Indicated JPY/NPR rate prevailing at the time of remittance shall be applied for remittance.

2. In refunding the remittance funds to the applicant pursuant to the provision of Art.13.4, Art.19.3 and Art.21.1.3, the exchange rate calculated in the same manner as stated in the preceding Paragraph shall be applied to the payment in a currency other than remitted currency.

Art.17 (Remittance in Japanese Yen)

When the applicant remits in Japanese Yen and the beneficiary receives remittance fund in Japanese Yen, following provisions in addition to the preceding clauses shall be applied.
Countries and regions where beneficiary can receive Japanese Yen shall be specified by
the Company.
1. Notwithstanding the provision of Art.1, Paragraph 4, remittance at one time is limited 
up to JPY300,000.- with a unit amount of JPY10,000.-
2. Payment to the beneficiary by the Correspondents is made only in the way that they  
will deliver Japanese Yen to the Beneficiary’s residence designated by the applicant and
any other payment way shall not be available.
3. .Standard time for this transaction: Japanese Yen shall be delivered on next business 
to the conclusion dateof remittance entrustment contract.                 
4. Remittance fee for JPY3,500 shall be applied to the remittance in the amount of JPY200,000.- or less, while JPY4,500 to the remittance amount exceeding JPY2000,000 up to JPY300,000.
Fees for inquiry, amendment, cancellation, and others shall be subject to the provision of Art.15 Paragraph 2.

Art.23-2 (Maximum amount of compensation)

When the Company is responsible for losses and damages with regard to the transaction under this Conditions, the Company shall pay to the applicant up to relative remittance amount as compensation amount for damages.

Art.24 (Force majeure)

The Company shall not be responsible for any losses or damages caused by any of the following:

1. Unavoidable events such as calamities, incidents, wars, accidents during transit, restrictions by laws and regulations and certain actions taken by the public authorities like government or court.

2. Any failure or malfunction of terminals, communication circuit, computers etc. , or any mutilation, error or omission in the text resulting from such troubles above, which occurred despite reasonable security measures taken by the Company.

3. Handling of Correspondents in accordance with the customs and practices of the country where Correspondents locate or the procedures in accordance with procedures prescribed by Correspondents; And the reasons attributable to Correspondents other than the Company.

4. Any reasons attributable to the applicant such as incorrect description of the name of beneficiary.

5. Messages from the applicant to the beneficiary.

6. Relationship between the applicant and the beneficiary or the third party, on which the remittance is based.

7. Any reason other than those attributable to the Company.

Art.27 (Meaning of term)

1. Meaning of term in this Conditions is as follows:
(1) Limit of remittance
Maximum remittance amount at one time is 1(one) million yen in accordance with limitation set by "Act on Payment and Settlement of Fund" and remittance by the same applicant shall be made up to five times a day in accordance with limitation set by the Company. Some remittance requests shall not be acceptable by the Company due to the procedures of the Company and Correspondents.

2. Method of remittance request
(1) The applicant shall make remittance request only during business hour of the Company.
(2) When the applicant intends to remit to the designated bank account of the Company, which is registered ,the applicant shall confirm in advance the registered name of designated bank, branch, account number and recipient name, amount of Remittance Funds and other items prescribed by the Company.
(3) When the applicant intends to remit to the designated bank account of the Company which is not registered, the applicant shall confirm in advance name of designated bank, branch, account number, recipient name, amount of Remittance Funds and other items prescribed by the Company.

3. Completion of remittance request
When the applicant completes the remittance request, the Company deems that remittance request instructed by the applicant has been fixed.
After the remittance request is completed and fixed, the contents of request are deemed as effective and binding and the applicant agrees not to claim any objections in this regard.
The Company shall be not responsible when remittance is delayed or not completed due to the error or insufficient information in the remittance request.
For cancellation or amendment of the remittance request after it is fixed, the applicant shall follow the procedure prescribed in Art.20 and 21.

4. Confirmation of contents of remittance request
The Applicant shall confirm the Company the contents of remittance by telephone or electronic communication when remittance request is completed and fixed, and if there is any discrepancy between remittance request and details of remittance transaction, the applicant shall immediately inform the Company of the discrepancy. In this event, the Company deems that information or record in the computer are true and correct. The applicant is requested to note that record or statement of transaction do not prove the receipt.

5. Non arrival of remittance fund to the beneficiary
When remitted fund is not received by the beneficiary due to wrong indication of bank account or delivery address, or non-presentation of the ID(identification documents) requested by Correspondents for the payment at the counter of Correspondents, the Company shall return fund to the applicant.
The Company shall not be responsible even if this refund causes losses, damages and expenses to the applicant. Notwithstanding any reasons except the reason attributable to the Company, the Company shall not refund remittance charges of the Company and Correspondents.
The applicant is unable to cancel the remittance for which currency exchange has been conducted.

6. Cancellation of remittance request
When the applicant intends to cancel the remittance request fixed pursuant to Paragraph 3 of this article, the applicant shall request the Company to make cancellation procedures of remittance.
However when the remittance fund is already received by the beneficiary or credited to the beneficiary's bank account or delivered to the beneficiary, the cancellation shall not be made.
In refunding, the applicant shall pay to the Company the refund charge and remittance charges of the Company and Correspondents.
When police office or courts etc. requests the Company suspension of the certain remittance transaction, the Company shall, in view of social responsibility, make emergency suspension of the relative transaction and be not responsible for this cancellation.

7. Remittance amount and payment of charges
The Company shall request the applicant to pay the foreign remittance fund and charges which are prescribed for the account of the applicant.

8. Cancellation of remittance request>
When the applicant fails to pay Remittance Funds and charges, the Company deems that remittance request has been cancelled.

Art.28 (Offices for inquiries and complaints)

1. Domestic office for inquiries and complaints
   Trans Remittance Co., Ltd.
   3-20-11, Asakusabashi, Taito-ku, Tokyo
   Tel:03-5820-0303  03-6869-9999  080-4360-4236
   This office shall also receive inquiries and complaints on Correspondents abroad.

2. Overseas office for inquiries and complaints
   Philippines: TransRemittance Co.,Ltd., Manila Office
                  16TH FLR Trident Tower #312 Sen Gil Puyat Ave. Makati City, Manila, Philippines
                  Tel:63-2-403-4355
   Nepal:        Easylink Pvt. Ltd.
                  PO Box 122245, Sorakhute Nayabazar Kathmondu Nepal
                  Tel:977-1-4388375

Art.29 (Financial ADR-Alternative Dispute Resolution)

Institutions of Alternative Dispute Resolution prescribed in " Act on Payment and Settlement of Funds" are as following:

1. For complaints:
Japan Payment Service Association Tel:03-3219-0628

2. For Disputes:
The Tokyo Bar Association Dispute Resolution Center  Tel:03-3581-0031
Dai-ichi Tokyo Bar Association Arbitration Center Tel:03-3595-8588
Dai-ni Tokyo Bar Association Arbitration Center Tel:03-3581-2249

This is English translation of some important articles of Terms and Conditions and should be used as reference only. Original Japanese text prevails and has legal effect.

TransRemittance Co., Ltd.
3-20-11, Asakusabashi, Taito-ku, Tokyo
Customer Center
Tel:03-5820-0303

Registration: Kanto Local Finance Bureau Director-General No.00007
Member of Japan Payment Service Association
Ver-2011-09-21

JAPANESE

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