Barclay Global Consulting & Internet Inc. (hereinafter referred to as “BGC&I”) conclude the contract of the use of the Service (hereinafter referred to as “Service Contract”) with the company that recruiting talents (hereinafter referred to as “the Recruiter”) using the website “Cappuccino.com” (hereinafter referred to as “the Service”) which is being operated by us. We are here to show “Cappuccino.com Terms and Conditions of Use” (hereinafter referred to as “the Agreement”) as the mutual agreement of the service contract.

Details of the Service

The Service is job advertisement service provided by BGC&I.

Application of agreement

1. This Agreement is applicable to all the Recruiters who use the Service.
2. The Recruiters shall accept the screening criteria set by BGC&I of the Recruiters and the Agreement before using the Service.
3. About the Agreement and the screening criteria of the Recruiters (“the Agreement etc.”), BGC&I can change anytime by the decision of BGC&I without prior notice to the Recruiters.
4. If the Agreement etc. are being changed, it becomes effective immediately when it is shown on the site of BGC&I except for other special case. Moreover, the new Agreement shall be applicable to the use of the Service by the Recruiters after the change. It is assumed that the Recruiters shall accept such changes except there is a change in important matters in the use (in this case, it is assumed that the Recruiters accept the change 2 weeks after BGC&I inform the Recruiters respectively).
5. The Recruiters shall accept all or part of the details of the Service are changed, cancellation or termination of provision if BGC&I has sufficient reasons for the change.

Application and Contract Formation

1. Application

   It is assumed that the company which wants to use this service (Hereinafter referred to as "Recruiter to be" is understand and accept the details of this terms and condition before applying this service
   If BGC&I determine there is a need to confirm the registered items no matter whether before or after registration, BGC&I can request Recruiter to be or the Recruiters to send the required documents such as the copy of register to BGC&I or request for direct visit.

2. Screening and Registration

   Recruiter to be can only succeed in registration and become the Recruiters if they fulfill the screening criteria of Recruiters set by BGC&I. However, for the Recruiter to be or the Recruiters who fail to meet the requirements or become below the requirement, BGC&I can reject or cancel the registration. Moreover, BGC&I shall not take any responsibility for the rejection or cancellation of registration. At the time of the completion of registration as explained below, the contract of the Service following the regulations of the Agreement between the Recruiter to be and BGC&I become valid.

3. Management of ID and password

   After BGC&I receive the application from the Recruiter to be, we shall issue Recruiter to be an ID and password if we accept the registration. The Recruiters shall take their own responsibilities to keep and manage their password and ID of the Service probably. If there is mismanagement, misuse, forgetfulness and use by third party, the Recruiters shall take all the responsibility of any loss to themselves and BGC&I shall not take any responsibility. Regardless of the user, the act of the ID or the password of the Recruiters being used shall be regarded as the act of the Recruiters. If the ID and the password is being forgotten, disclosed, stolen, used by third party or there is a chance of the above facts happened or the above possibility has been confirmed, the Recruiters shall inform us immediately and follow our instruction.

4. Change and cancellation of the registered details and prohibited matter

   If there are any changes in the registered items, the Recruiters shall inform us such changes through the method we set and submit the documents we requested immediately. If there is a necessary to confirm the items submitted regardless of the status of registration, we can visit the Recruiters directly and request for the submission of the copy of register or other necessary documents that are required. When there are any changes to the registered items of the Recruiters, BGC&I can screen and determine whether the registration of the Recruiters can be continued or not, and can cancel the registration based on newly registered content according to necessity.

Posting, amendment and termination of job advertisement

1. Advertising

   The Recruiters can use the ID and password issued by us, and can also create and post advertisement (after the acceptance from BGC&I) through the management page of the Service. There is an obligation for the Recruiters to pay for the Service fee under separated conditions according to the types of posting.
   Moreover, advertising is only limited to the advertisement that reaches the screening criteria and the regulations of advertising. We can reject the Recruiters who do not reach the criteria of advertising. BGC&I shall not take any responsibility to the loss of the Recruiters caused by the rejection of advertising.

2. Amendment of advertising post
   1. The Recruiters shall not change the contents of the job advertisement while posting.
   2. Regardless of the issue, if the Recruiters must change the details of the advertisement due to the reason such as inappropriate expression in the advertisement, the details should be changed according to the methods set by BGC&I.
   3. For the case of last issue, no matter whether the advertisement is still in the posting period or not, the post that is before amendment shall be terminated. The amended advertisement shall be posted after the period set by BGC&I. The Recruiters shall understand and accept that the post shall be terminated during the designated period, the posting period shall not be extended and there is not reduction or exemption of the fees of the Service.
   4. If the details of the advertisement is being changed to the details that cannot reach the requirement set by BGC&I, BGC&I can reject the amendment of the advertisement and can terminate the advertisement. In this case, BGC&I shall not take any responsibility to the loss of the Recruiters caused by the termination of advertisement.
3. Termination of advertisement
   1. Based on the Agreement, BGC&I can terminate the job advertisement temporarily or permanently.
   2. If the Recruiters request for the termination of the job advertisement, it will be terminated according to the designated method set by o BGC&I.
   3. BGC&I shall not bear any responsibilities of the loss to the Recruiters caused by the termination of the job advertisement under this section.

Fees

1. Service fees

   For the service fee of the advertising service, you shall pay the whole amount of the designated fees plus the tax (hereinafter referred to as “the fees”) for each advertisement each time while the posting of the job advertisement starts.
   Once the posting of the job advertisement starts, no exemption or reduction to the required amount of service fees is accepted and the paid fees shall not be refunded.

Management of candidates

In accordance with the Employment Measures Law and the Act on Securing, Etc. of Equal Opportunity and Treatment between Men and Women in Employment and the other laws, the Recruiters shall follow every law while carrying out screening and informing the result to the candidates immediately.

Method of payment

1. The due date of the Service Fee will be the last day of each month. The Recruiter shall pay the amount stated on the invoices on or before the last day of next month via bank deposit transfer to the designated bank account of BGC&I. Yet, the Recruiter shall bear the bank transfer fee.
2. If you fail to pay any amount by the due date for payment, you shall be changed in accordance with the annual rate of 14.6% (using a 365-day daily calculation) as the late charge.

Termination and Suspension of the Service

1. The use of a part or the whole Service may be suspended temporarily or terminated permanently due to the following reasons. Recruiters shall not be informed in advance in these cases.
   1. inspection of the computer system of the Service, regular or emergency maintenance
   2. termination of the server, computer, communication line due to any incident
   3. operation of the Service is terminated due to inevitable accidents such as fire, interruption of the power supply, natural disaster, interference by third party, labour dispute.
   4. there is a necessary to terminate or suspend the Service determined by BGC&I or others.
2. BGC&I shall inform the Recruiters one month before the termination of the Service regardless of reasons. The registration shall be automatically deleted after the period of notice. In this case, even if the Recruiters have paid the fees to us, we shall not refund to the Recruiters once the Recruiters have used the Service.
3. based on the past two terms, out company shall not take the responsibilities for the loss caused to the Recruiters due to the action done BGC&I.

Available period of the Service

The available period of the contract of the Service between the Recruiter and BGC&I shall be from the date of the completion of the Recruiter application to the cancellation of the Recruiter application or the termination of the Service by BGC&I.

No guarantee

1. About the quality and the function of the Service, BGC&I shall not guarantee the technical or commercial integrity, accuracy and usefulness. Moreover, BGC&I shall not take any responsibility of the outcome or effect of the job advertising from the Service that the Recruiters used.
2. Even though there is a trouble happened between the Recruiters and the third parties related to the use of the Service, BGC&I shall not take any responsibility and concern of such trouble except BGC&I’s negligence or willfulness.

Confidentiality

1. Regarding the Agreement or the Service, BGC&I and the Recruiters shall use the skills, business, administration, financial affairs of the other party being provided or shown through written, oral or recording medium by the other party, or all the information related to the organization (hereinafter referred to as “confidential information”) only for the purpose of the Service. The documents of the other party shall not be disclosed or leaked out, or be provided to third parties without permission. However, such confidential information is not included in the following cases.
   1. well-known information at the time of being disclosed or noticed by the other party.
   2. information already possessed at the time of being disclosed or noticed by the other party.
   3. becoming a well-known information not due to self-responsibility of BGC&I and the Recruiters after being disclosed or noticed by the other party.
   4. information received from the third party who has the legitimate authority through legal means and with no obligation to keep it secrets for such third party.
   5. information with obligation to disclose according to the laws and ordinances or judicial process
2. For the personal information related to the applicants, other agreements or the Service (the recruitment information that can be read and downloaded from the website of this Service is included but it is not limited to this only), BGC&I and the Recruiters shall follow the laws and regulations regardless of the last paragraph.
3. If the Recruiter is the employment agency, the Recruiter can disclose the personal information of applicants which is essential for talent referral such as the Resume and the job history to the company that the applicants applied based on the Agreement of the applicants on the assumption that it follows the laws and regulations. However, such Recruiters shall have the obligation same as the last paragraph on the information of applicants to such companies. And both parties shall take collective responsibility.
4. If BGC&I or the Recruiters receive assertion of complaint, request or infringement from the candidates or other third parties with the Recruiters violating the previous three paragraphs as the reason, the Recruiters shall solve it in terms of the fees and the responsibilities of the Recruiters. In addition, for the worst case, if BGC&I deal with the dispute itself only, the Recruiters shall pay for all the fees (including the expense for apology, the expense for advertisement or notice, the expense for secret information disclosure, the expense for investigation for the causes and attorneys’ fees) that BGC&I spend for dealing with the dispute or self-defence.

Exclusion of Antisocial Forces

1. BGC&I and the Recruiters shall promise to the others that they are not the crime organization stated in “Act on Prevention of Unjust Acts by Organized Crime Group Members” and the related organization (hereinafter referred to as “antisocial forces”). Also, they shall promise they shall not injure the opposite party’s reputation and reliability or interfere in its business using the name of the antisocial forces, or do illegal request. They shall declare that their main investors and staff are not the members of the antisocial forces.
2. If the opposite party violate the regulations of the previous paragraphs, BGC&I or the Recruiters can cancel the registration and end the service contract. If the cancellation of the registration and the end of the service contract are due to the reason of this section, BGC&I or the Recruiters shall not take the responsibility to compensate for the loss even if there is a loss. Moreover, the cancellation of the registration and the end of the service contract in such cases, notice or notification to the opposite party shall not be required.

Penalty and Indemnity

1. If the Recruiters violate the Agreement or cause loss to BGC&I when using this Service, the Recruiters must compensate for the loss to BGC&I.
2. If there is any dispute between the Recruiters, other recruiters related to this Service, candidates or the dispute with other third parties after receiving complaints from them, the Recruiters shall inform BGC&I immediately about the details and settle down such complaint or dispute based on the fees and responsibility of the Recruiters, and report to us the process and the result based on the requirement of us.
3. If BGC&I receive any request from other Recruiters or other third parties due to infringement or other reasons regarding the use of the Service by the Recruiters, the Recruiters shall respond as stated above. And if BGC&I is forced to pay for the compensation to the third party based on the request, the Recruiters have to pay for the whole amount of compensation on behalf of BGC&I.
4. If the Recruiter suffered a loss due to the reasons attributable to BGC&I (only for by intention or gross negligence), BGC&I shall be liable for the actual normal amount of indemnity as a direct result. Nevertheless, BGC&I’s indemnity liability period shall be last for only one year after the indemnity circumstance occurred and the upper limit shall be the total actual amount received from the Recruiter.

Items on the agenda

If BGC&I and the Recruiters have any questions about the expression of the Agreement or the items which are not established in the Agreement, both parties shall follow the principle of good faith and work for a resolution immediately after consultation.

Conflicts of law and the jurisdictional court

The conflicts of law of all the legal relationship related to the Agreement, operating or use of the Service shall be regarded as the Law of Japan. If there is any conflict caused by or related to the Agreement, Tokyo Summary Court or Tokyo District Court will be regarded as the exclusive agreement jurisdictional court of the first trial

Supplementary provision

Supplementary provision: the Agreement is being in force since 1st August, 2016

The end

Under the website “Cappuccino.com” which is being operated by Barclay Global Consulting & Internet Inc. (hereinafter referred to as “BGC&I”), in order to provide the Recruiters and the candidates a medium to match themselves smoothly, we refrain from the registration of the company with the following details.
Please read carefully before you use the Service.

Description of business

If one of the followings is being found, we shall reject the registration of the Recruiter.

1. registration or approval is rejected in the business that is required for a registration.
2. do not have a legal personality.
3. carry out business activities that violate the related laws and regulations or guidance of administration.
4. carry out activities such as member recruitment, Dial Q2, message dial, casino, sex industry related activity, customer’s financial business, forward transaction etc. with the purpose of making money, venture mediation or persuasion and male and female interaction.
5. has the relations with pyramid scheme or multi-level marketing plan.
6. the description of business is unclear or extremely few descriptions.
7. other content that we treat as inappropriate.

Pending and cancellation related to registration

If one of the followings is being found, pending or cancellation of the registration may be possible.

1. inappropriate interaction to the candidates on scout mail etc.
   (e.g. business activities other than scouting)
2. there is complaint from candidates.
3. false content or distinct extravagant expression is found.
4. Violation of the Terms and Conditions of Use or job advertising rules and regulations.
5. other content that we treat as inappropriate is included.
   　　　(Another document screening such as transcript of certified copy of register may be needed)

Pending of the company registration

If there is unclear detail in registered information, you may be requested for the submission of extra documents (transcript of certified copy of register etc.), the documents which can confirm the business content, or the visit of BGC&I staff. Moreover, the application status of company registration shall be kept pending during this period.
Please be advised that if you fail to response to the request from BGC&I or fail to provide clear certification, your application shall be rejected.

Cancellation of Recruiters’ registration

If one of the followings is being found, we shall cancel the registration of the Recruiter.

1. False contents (Paragraph 1, item 9 of Article 65, Employment Security Law)
2. Frequent complaints from candidates
3. Disclosure of the candidate’s personal information to third party without the consent of the candidate
4. Conducting business to other Recruiters who are also posting job advertisement
5. Sending Email which is not related to recruitment to candidate
   　 　e.g.: Seminar notice, inviting people to be questionnaire respondents or monitors
   (The law related to the optimization of specific Email transmission)
6. Returning of documents sent by BGC&I due to unknown address (the address cannot be confirmed)

Other from the above reasons, if we determine to be inappropriate after the investigation and decision of Cappuccino.com, we have the obligation to cancel the registration of the Recruiters.
In addition, please be advised that we shall not answer to the enquiries such as the detailed reasons for the cancellation of Recruiter’s registration and rejection of posting advertisement.

Cappuccino.com screens the job posting information based on the following criteria.

1. details with the purpose apart from job recruitment
2. content with the possibility of involving in the persuasion from the religious organization or missionary work
3. content that violates the law is included
4. registration or approval is rejected in the business that is required for a registration
5. false content or extravagant expression is being advertising
6. stating the salary which is lower than the salary prescribed in the law
7. expression that violates public order and morality is included
8. vague advertisement content
9. content that makes the candidates misunderstand and feel insecure is included
10. discriminatory expression is included
11. expression without objective proof (the best, X% share, only one, No.1 etc.) is included
12. expression that limited to nationality is included
13. forcing the candidates to pay for the fees (training, registration and fees of teaching materials) by themselves
14. infringement of copyright and portrait right etc.
15. contents such as multi-level marketing plan and pyramid scheme which is prohibited by law is included
16. content with the work related to the online dating site or porn is included
17. employed with the terms differ from those stated on the job advertisement (Article 15 of Labour Standard Act, Paragraph 1, item 9 of Article 65, Employment Security Law)
18. introduction of service business and job advertisement with the possibility of competing with Cappuccino.com
19. reluctant to response to the change and amendment from BGC&I based on the job advertisement regulations of BGC&I or failed to acquire the information for making the result of screening
20. infringement of intellectual properties, portrait right, privacy right, reputation and other rights or benefits
21. terms of employment are different from those stated on the job advertisement
22. other content that we treat as inappropriate is included.

[ Six-day work week]

One holiday per week

[ Five-day work week]

Two-day holidays week more than once a month and one-day holiday for the other weeks throughout the year

[Five-day work biweekly]

Two-day holidays every two weeks and one-day holiday for the other weeks

[Complete five-day work week]

Two-day holidays per week throughout the year.

[Four-day work week]

Three-day holidays week more than once a month and two-day holiday for the other weeks throughout the year

[Four-day work biweekly]

Three-day holidays every two weeks and two-day holiday for the other weeks

[Complete four-day work week]

Three-day holidays per week throughout the year.

[○working days, ○holidays]

○working days, ○holidays repeatedly

[Four-day holidays at least per month]

Four-day holidays at least in one month. Only four days per month but must be consistently four days at least.

[○-day holidays per year]

If there is no violation to the Labor Standards Law (Four-day holidays at least per month), you can write the days of holiday yearly.