Article 1 Purpose
These Terms and Conditions (hereinafter, referred to as “Terms and Conditions”, “Terms” or “Agreement”) set forth the matters with respect to use and procedures of ‘Payment’ and ‘Coin’ in order to use the website (www.hydradns.com) (hereinafter, referred to as “Website”) provided by innogs Korea Co., Ltd. (hereinafter, referred to as “Company”).
Article 2 The Effectiveness and Change of the Terms
- ①These Terms and Conditions are made of effective when members, who wish to use Company’s paid service, agree to this Agreement, and it is considered as the members acknowledged that has read and agreed this Agreement when the members check for “I Agree” on website. These Terms and Conditions will be applied to the members from the time when the members agree to this Agreement, and if these Terms and Conditions are modified, such changes will be applied from the effective date in accordance with the Section 2 below.
- ②Company may modify these Terms and Conditions as it deems necessary. In the event where the Company wishes to modify Terms and Conditions, the modified contents and effective date must be announced on the homepage prior to 7 days of the effective date. If the modified contents are considered as giving disadvantages to users, this announcement must be made prior to 30 days of the effective date on homepage or via email address registered in the user’s account. Modified Terms and Conditions will become effective from the date when it was announced or notified.
- ③Members reserve the right to reject the changed Terms and Conditions. Any Member who has an objection on the changed Terms and Conditions may stop using service and withdraw membership. If members continue to use service after the changed Terms and Conditions become effective, then the Members are deemed to accept the changed Terms and Conditions.
- ④Agreement to these Terms and Conditions shall mean agreement to visit Company’s homepage periodically to check any updates of these Terms and Conditions. Therefore, Company is not liable for any losses of members that may arise because users were not aware of the changed Terms and Conditions.
- ⑤Other matters, which are not specified in this Agreement, shall follow the laws regarding the Telecommunications Basic Act, Telecommunications Business Act, the promotion of Communication Network Use or regulations of other related statutes.
Article 3 Definitions
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①The definition of terms used in Agreement is as follows;
- 1.Paid Service: refers to any service that members purchase and use through the payment methods Company provides;
- 2.Coin: refers to online payment method that is used to purchase HydraDNS products after charging or that is used for Company to refund the amount Members paid. It can be used only for Company’s paid services;
- 3.Coupon: refers to a piece of paper or online code to discount certain amount or percentage of the payment amount, which is set or issued by Company at its sole discretion. Coupon has no value property.
- 4.Discount: refers to discounted amount by promotions from HydraDNS site or other reasons.
- ②The definitions of terms used in this Agreement, excluding the terms defined in Section 1, are subject to the related laws and other common practices
Article 4 Formation of Payment and Coin Agreement
The contract of payment and coin use shall be concluded when members agree to this Agreement and purchase Company’s paid service through the payment methods Company provides.
Article 5 Payment of Service
- ①Only signed up members can purchase Company’s service.
- ②Payment is divided into Korean Won (\) and US Dollar ($) by the chosen currency.
- ③Payment currency is determined by the currency that members selected for sign-up, and the selected currency is unchangeable.
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④Members can make a payment via one of following payment methods:
- 1.Korean Won (KRW): credit card, virtual bank account transfer, Coin
- 2.US Dollar (USD): PayPal, Coin
- ⑤If there is a Payment Gateway to pay for Company’s services, such as PayPal, members must follow the process the PG provides. If members complete the payment on company website, it is regarded as agreement to the PG’s payment process and the Terms and Conditions.
- ⑥In case of paying via virtual bank account transfer, members must transfer the payment within 7 days after the order. If payment is not completed in 7 days or the payment information, such as name, amount, etc., is not correct, Company considers that the members withdraw the order request.
- ⑦When a minor under the age of 19 wishes to make a payment, he/she shall first acquire the consent of his/her legal representative.
- ⑧If a minor committed any act against member’s obligation such as service payment without the legal representative’s consent, etc., the minor member or the member’s legal representative may cancel the contract in accordance with the applicable laws. However, it is excluded in case that the act was committed in the minor member’s purpose.
Article 6 Approval for Payment
- ①Company shall apply members’ payment history to their account in real time when the payment is confirmed unless there is any special reason.
- ②If any failure on Company or Payment Gateway system is occurred, the payment application can be delayed, and Company does its best to solve the issue. However, Company is not liable for the damage arisen out of the delay in applying payment details.
- ③The confirmation of payment completion is held during Company’s business hours (based on KST: weekdays, 9:30AM-6:30PM), and for the payment made after the business hours, the confirmation is held during the business hours in the next business day.
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④Company can reject or cancel the request if Company finds out that the request is belonged to at least one of following cases:
- 1.when the payment request is made using or stealing other person’s name illegally;
- 2.when required fields are omitted or miswritten, or required procedures are insufficient;
- 3.when a minor under 19 requested without consent of his or her legal representative;
- 4.when it is determined that approval is deemed to be impossible due to any reason attributable to the applicant for Service;
- 5.when approval of the request for service use is found to be in breach of applicable laws, or is against social order or public morals or Company's business policies including the Terms and Conditions related with Company;
Article 7 Cancellation and Refund of Service
- ①Members can withdraw application, terminate contract, cancel registration, etc. pursuant to each terms and conditions for the service they’re using.
- ②In case that members terminate the contract of service they purchased, the refund amount is calculated based on the refund policy regarding to the terms and conditions for each service. And, the refund amount is refunded into the members’ account in coins, which are one of Company’s payment methods.
Article 8 Use of Coins
- ①The amount in payment currency and the amount in coins have equivalent value. 1 Won (KRW) and 1.00 USD are equivalent to 1 coin in each payment currency.
- ②Coins are used to purchase Company's paid services.
- ③There are no interest earnings from coins.
- ④Coins cannot be transferred or sold to other person.
Article 9 Coupon
- ①Company can issue online or offline discount coupons so that members can get certain amount or percentage of discount.
- ②The issued coupon can be used only for the purchase of the member who has received it, and it cannot be transferred or sold to another person.
- ③Coupons can be restricted to use by the service type or use amount, and cannot be used after their expiry dates.
- ④Coupons can be applied to each product.
- ⑤In case of cancelling purchased service using a coupon, Company returns the amount the member actually paid after deducting the coupon discounted amount, and the coupon discounted amount is non-refundable.
- ⑥In principle, the coupon already used is not reusable.
- ⑦The issued coupon can be used only if the coupon’s currency is same as the currency that has set in the member’s account.
Article 10 Value Added Tax (VAT)
- ①Under the Value-Added Tax Act of Republic of Korea, members are liable to pay 10% of the service price as VAT in case of purchasing paid services using KRW.
- ②For completed transactions, Company issues tax invoice or cash receipt for expense evidence to corporate members, and cash receipt for income tax deduction to individual members:
- 1.Cash receipt and tax invoice are issued on 8th day from the payment date (including the payment date);
- 2.The cash receipt and tax invoice for completed domain name purchases and completed DNS service purchases are based on the whole payment amount;
- 3.Electronic tax invoice has same legal force as offline tax invoice under the Notification No.2001-4 of the National Tax Service;
- 4.The issued documentations are used as eligible evidence and income tax deduction evidence materials;
- 5.Cash receipt cannot be changed to tax invoice after it has been issued.
- ③Company has no obligation to issue cash receipt or tax invoice in the following cases:
- 1.In case that members did not request to issue tax invoice in 6 months, after they purchased 1-year based product;
- 2.In case that tax information is omitted by member's mistake;
- 3.In case that the tax information corresponds to the record before it was applied to the account.
- ④Re-issuance of tax invoice cannot be used for the purpose other than confirmation, which is only for the tax invoices already issued.
Article 11 Refund of Coins
- ①If members request to refund coins left in their account, the refund is progressed under the legitimate procedures.
②For the request of coin refund, Company progresses the refund via bank account transfer. -
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③In case of refunding via bank account transfer, the following policies shall be applied:
- 1.Refund is progressed according to the currency of coins registered in the account;
- 2.The bank account for transfer must use same currency as the coins. In other words, the coins with Korean Won (\) are transferred to the bank account of Republic of Korea, and the coins with US Dollars ($) are transferred to the bank account, which is using USD as its major currency;
- 3.Any bank charges (including transfer fee for overseas wire transfer) for bank account transfer will be deducted from the refund amount, and bank fees will be different by the paying bank and transferring amount.
④If the coins left in member’s account are smaller than the cancellation fee or the bank fee (including transfer fee for overseas wire transfer), the refund is not made.
⑤Only the coins left in member’s account can be refunded, and partial refund is not available.
⑥Company must return the refund amount within 14 business days from the date a member requested for refund. However, in case of unavoidable circumstances, Company can perform the refund process at the time when Company notifies to the member in advance. In such case, Company pays the transfer fee if it was caused by Company.
Article 12 Privacy Protection
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①Company shall use members' information related with the use of coins solely for the purpose of providing services under these Terms and Conditions, and not to disclose or distribute to any third party without prior consent of the members except in any of the following events:
- 1.If it is necessary to calculate expenses pursuant to provision of service;
- 2.If it is necessary for statistical, academic or market research purposes, and such information is provided in a format that people cannot recognize certain person.
- 3.If any relevant organization requests for investigation purpose under the applicable laws;
- 4.If there’re particular regulations that other relevant acts defined, or requests in relation to the procedures.
- ②Other matters in connection with privacy protection are subject to Company’s ‘Privacy Policy’.
Article 13 Governing Law and Trial Jurisdiction
- ①All legal actions between members and Company is governed by laws of the Republic of Korea.
- ②Disputes between Company and members are submitted to the Seoul Central District Court.
[Supplementary Provision]
This Agreement comes into effect from 13 August 2019.