What are Terms of Service？
Terms of Service is a set of rules between the service provider and the user regarding the use of a particular service. Terms of Service are usually created by the service provider, and the service is provided only to users who agree to the Terms of Service. By doing so, the service provider can ensure that users use the service appropriately and prevent problems before they occur. In addition, by stipulating conditions under which trouble may occur, appropriate action can be taken when a user makes a complaint.
From time to time, a service provider may receive a claim for damages from a user who alleges that he or she has suffered damages in connection with the service. In such cases, the service provider can limit its liability to a reasonable extent by creating Terms of Service.
How to use Terms of Service
The Terms of Service can be used when a customer applies for services online by displaying the text of the Terms of Service and having the customer click on the “Agree” button.
The service provider must have evidence that the user has agreed to the Terms of Service.
What you need to Know about Terms of Service
The content should be appropriate for the service.
Terms of Service should be reasonable according to the nature and content of the service. There are many templates for Terms of Service, but none of them can be used as-is as your company’s Terms of Service. The services you provide are somewhat different from those offered by other companies or individuals.
You need to consider what risks are associated with your service, what legal issues are involved, what intellectual property issues you need to consider, what you need to prohibit your users from doing, and so on.
Terms of Service must be prepared in a manner that does not violate the law.
Terms of Service are usually prepared by the service provider. However, care must be taken when setting terms and conditions that are unilaterally favorable to the service provider. This is because provisions that are unilaterally favorable to the company may become invalid in violation of the Consumer Contract Law. Therefore, when preparing Terms of Service, care should be taken to ensure that the terms do not violate the Consumer Contract Act.
In which language should they be created?
Terms of Service should be written in a language that can be understood by the intended users of the service. Therefore, if the service is intended for Japanese users, it is best to create it in Japanese so that Japanese users can understand it. On the other hand, if the service is intended for non-Japanese users, it is necessary to consider creating it in other languages, such as English, in addition to Japanese.
Should a Lawyer be hired to Prepare Terms of Service?
As discussed above, Terms of Service must be drafted in accordance with the law, so the assistance of a legal professional is essential. In addition, depending on the nature of the service, it is necessary to consider issues such as what risks are involved, what legal issues may arise, what intellectual property issues need to be considered, and what user conduct should be prohibited. Therefore, it is advisable to retain a lawyer who is familiar with corporate law in order to draft legal and balanced Terms of Service.
Our Firm’s Strength in Drafting of Terms of Service
Our attorneys have experience in drafting a wide variety of Terms of Service. If you tell us what kind of service you envision, our attorneys will suggest what terms and conditions should be set based on that information.
English-speaking attorneys available
For clients who wish to consult with us in English, our English speaking lawyer will be available to assist you. We will make proposals in English according to your needs. You can also feel free to ask questions in English about the draft Terms of Service we have prepared for you.
How much does it cost to hire a lawyer to make Terms of Service in Japan
Many law firms use a time-charge system and charge around 40,000 yen per hour. However, many clients may feel uncomfortable because they do not know how much it will cost. Therefore, we have established a clear fee table as shown below.
|Terms of Service for one type of service (except for complex or very unique services)
|80,000 yen, excluding tax
|Terms of Service for two types of services (except for complex or very unique services)
|150,000 yen excluding tax
|Terms of Service for three types of services or complex or very unique service
|200,000 yen to 300,000 yen, excluding tax
No additional charge
You may request as many modifications as you like for one month from the delivery of first draft for free. You may also ask us as many questions as you like about the draft of Terms of Service, free of charge for the same one month. Other law firms may charge additional fee each time you request a modification or ask a question. However, our firm does not charge such additional fees.
The above prices are for making Terms of Service in Japanese. If you wish, we can prepare the same Terms of Service in English. In that case, an additional fee will be charged.
Even if you do not request us to prepare English version of Terms of Service, we will provide English AI translation of the Terms of Service free of charge for your reference.
Note: AI translation is provided just for your reference. Therefore will not be liable for your use of the translation.
For inquiries about the drafting service in the Terms of Service, please contact us through the Contact Us Page.