This document has been translated into English for reference purposes only. In case of any conflict between the English and Korean versions, the Korean version shall take precedence.
Chapter 1. General Provisions
Article 1 (Purpose)
These Terms of Service set forth the basic terms and conditions governing the DDoS protection services provided by the Company to the Customer, including the rights and obligations of the parties, service fees, modification, suspension and termination of the Services, and liability for damages.
Article 2 (Definitions)
① "Main Agreement" means a service agreement, order form, or other equivalent individual agreement executed by the Company and the Customer by signature, seal, or a legally valid electronic signature method.
② "Contract Documents" means the Main Agreement, Service Specifications, Service Level Agreement ("SLA"), quotation, these Terms, and any other ancillary documents agreed to in writing by the parties.
③ "Services" means the PacketStream DDoS Protection services provided by the Company to detect, analyze, block, or reroute DDoS attack traffic directed at the Customer's information and communications systems or network, thereby supporting the continued availability of legitimate traffic.
④ "Service Specifications" means an order form, quotation, or technical specification setting forth the service type, installation location, protected IP address or range, circuit bandwidth, mitigation capacity, service term, fees, scope of support, and technical conditions.
⑤ "Customer Systems" means servers, networks, circuits, software, and related facilities that the Customer owns, leases, manages, or is otherwise legally authorized to use.
⑥ "Company Equipment" means equipment, cables, modules, and accessories installed or leased by the Company at the Customer's premises, an IDC, or another location for the provision of the Services.
⑦ "Attack Traffic" means abnormally incoming traffic intended to cause denial of service, resource exhaustion, or network disruption, and "Legitimate Traffic" means ordinary and lawful traffic used in connection with the Customer's services.
⑧ "Null Routing" means an emergency defensive measure by which traffic destined for a specific IP address or route is discarded for a certain period in order to preserve the stability of the overall network.
⑨ "IDC" means an internet data center operated by the Company or a third party.
⑩ "Service Commencement Date" means the date on which the Company completes the technical configuration and notifies the Customer that the Services are available for use.
⑪ "Business Day" means any day other than a Saturday, Sunday, or public holiday in the Republic of Korea.
⑫ "In Writing" or "Written" includes paper documents, electronic documents, electronically signed documents, and email exchanged between the designated contacts specified in the Contract Documents. However, any amendment to material contractual terms, including fees, contract term, or limitations of liability, shall be valid only if expressly agreed by duly authorized representatives or delegated personnel of both parties.
Article 3 (Composition, Effect, and Order of Precedence of Contract Documents)
① These Terms form part of the Contract Documents when attached to or expressly incorporated by reference into the Main Agreement.
② In the event of any inconsistency among the Contract Documents, the following order of precedence shall apply. However, a more specific written agreement entered into at a later date with respect to a particular matter shall prevail:
- the body of the Main Agreement and any special terms;
- the Service Specifications and SLA;
- these Terms; and
- any other ancillary Contract Documents.
③ Content posted on the Company's website, service interface, informational materials, or advertisements is provided for reference only and shall not modify or supplement the contractual terms unless incorporated into the Contract Documents or separately agreed by the parties in writing.
④ Oral explanations or customary practices shall not modify the Contract Documents unless confirmed in writing.
Article 4 (Amendment of Contractual Terms)
① As a general rule, any amendment to the Contract Documents, including these Terms, shall be made by written agreement of the parties.
② Where it is necessary to modify operational procedures in order to comply with applicable law, respond to security threats, or accommodate changes in the technical environment, the Company may modify such procedures to the extent that the modification does not materially and adversely affect the Customer's rights or obligations. The Company shall notify the Customer in writing of the details and reasons for the modification at least seven (7) days before the scheduled effective date. If an urgent security measure or immediate action required by law is necessary, the Company may provide notice without undue delay after taking such action.
③ Any amendment that materially affects the Customer's costs, contract term, mitigation capacity, scope of liability, or termination conditions shall have no effect without the Customer's express written consent.
Chapter 2. Contract Formation and Provision of Services
Article 5 (Contract Formation and Service Commencement)
① A service agreement is formed when the parties duly execute the Main Agreement.
② To the extent necessary for contract formation or service commencement, the Company may request a business registration certificate, evidence of authority, documentation establishing the right to use the protected IP address or domain, network diagrams, and technical information.
③ The Company may refuse to enter into the agreement or commence the Services, or may impose necessary conditions, in any of the following circumstances:
- the application contains a material misrepresentation or omission, or the applicant's authority cannot be verified;
- unlawful use is reasonably anticipated, or the Customer has a history of material service abuse or payment delinquency;
- the Customer has failed to satisfy a final and due obligation under another agreement;
- it is materially difficult to secure the circuits, equipment, or technical resources required to provide the Services; or
- provision of the Services is restricted by applicable law or an order of a court or administrative authority.
④ The Services commence when the Customer has fulfilled its conditions precedent, the necessary equipment and circuits have been configured, technical testing has been completed, and the Company has issued its service commencement notice. Unless otherwise agreed, the Service Commencement Date shall be the reference date for calculating service fees.
⑤ If a trial operation or acceptance procedure is required, its duration, criteria, and effect shall be as set forth in the Service Specifications.
Article 6 (Service Types and Technical Specifications)
① The available service types are as follows, with the specific configuration set forth in the Service Specifications:
- Server-Integrated Service: the Customer Systems are installed in the Company's data center or a designated IDC and directly integrated with the Company's DDoS mitigation system;
- Remote-Integrated Service: where the Customer Systems are located outside the Company's data center, they are integrated with the Company's DDoS mitigation system through tunneling or a physical circuit;
- Dedicated Internet Circuit-Integrated Service: Attack Traffic is rerouted or filtered at the Customer's point of presence or dedicated circuit segment, and Legitimate Traffic is delivered to the Customer; and
- Customized Service: any other method separately specified by the parties in technical specifications.
② The protected IP addresses or domains, circuit bandwidth, mitigation capacity, protocols, installation location, support hours, and other performance standards shall be specified in the Service Specifications.
③ Any function not stated in the Service Specifications is not included in the scope of the Services.
Article 7 (Principles and Limitations of Service Provision)
① Except for scheduled maintenance, emergency measures, or exclusions specified in the Contract Documents, the Company shall take commercially reasonable technical and administrative measures to provide the Services twenty-four (24) hours a day, seven (7) days a week, year-round.
② The default scope of mitigation covers network- and transport-layer DDoS attacks based on UDP, ICMP, and TCP. Application-layer attacks, web vulnerability attacks, SQL injection, malware, viruses, worms, account compromise, and security incidents within the Customer Systems are included only if expressly stated in the Service Specifications.
③ The Services are intended to mitigate attacks and do not constitute an absolute guarantee that every attack will be completely blocked, that the Customer Systems will operate without interruption, or that all Legitimate Traffic will be delivered.
④ The Company shall explain to the Customer that mitigation performance may be reduced where an attack exceeds the mitigation capacity or technical standards specified in the Service Specifications, where Attack Traffic cannot readily be distinguished from Legitimate Traffic, or where restrictions are imposed by a connected telecommunications carrier. The Company shall take measures, to the extent reasonably practicable, to minimize resulting harm.
⑤ Where multiple customers share mitigation equipment or upstream circuits, simultaneous large-scale attacks may temporarily exhaust processing capacity. The Company shall allocate resources reasonably, taking into account contractual priority and the stability of the overall network.
Article 8 (Traffic Analysis and Mitigation Measures)
① To the extent necessary to provide the Services, detect attacks, analyze incidents, and respond to security threats, the Company may collect and analyze traffic flow information, packet headers, and other technical information. Analysis of information constituting the content of communications shall be performed only to the minimum extent necessary for service provision and as permitted by applicable law.
② The target for automatic detection is within three (3) seconds under ordinary network conditions, but actual detection time may vary depending on the attack type, circuit conditions, and Customer configuration. Abnormal traffic not automatically identified may require manual analysis, and absent exceptional circumstances, the Company shall use reasonable efforts to commence identification and blocking within one (1) hour. Any separate standard in the Service Specifications shall prevail.
③ The Company may implement Null Routing, rate limiting, rerouting, filtering, or access restrictions where necessary to preserve the stability of the overall network and protect other customers' services in any of the following circumstances:
- Attack Traffic exceeds the contractual mitigation capacity or the processing thresholds of the Company or an upstream provider;
- Attack Traffic cannot technically be distinguished from Legitimate Traffic;
- action is required under the policy of an international carrier or upstream telecommunications provider; or
- emergency action is required to prevent the spread of an outage or security incident.
④ The Company shall limit any measure under paragraph ③ to the minimum necessary scope and duration. Unless urgent circumstances prevent prior consultation, the Company shall consult with the Customer in advance; where prior consultation is impracticable, the Company shall notify the designated contact without undue delay after taking the measure.
Article 9 (Service Changes)
① If the Customer wishes to change the service type, protected assets, installation location, bandwidth, mitigation capacity, contract term, or network configuration, it shall submit a written request before the desired change date.
② The Company shall review technical feasibility, required equipment and circuits, work schedule, and additional costs, and shall respond in writing regarding availability and applicable conditions. A change shall be implemented only after the parties agree on its scope and cost.
③ The Customer shall notify the Company without undue delay of any change to its trade name, representative, business registration number, billing address, contact person, contact details, or email address.
④ If the Customer has outstanding amounts or the requested change is reasonably expected to materially impair service stability or another customer's use, the Company may explain the grounds and reject the change or propose an alternative.
Article 10 (Contract Term and Renewal)
① The contract term shall be as specified in the Main Agreement.
② If the Main Agreement contains an automatic renewal provision, the Main Agreement shall renew for the period and on the terms specified therein unless either party gives written notice of non-renewal at least thirty (30) days before expiration. Any change to fees or other material terms upon renewal requires a separate agreement under Article 4.
③ If the Main Agreement does not contain an automatic renewal provision, the agreement expires at the end of its term and may be extended only by written agreement of the parties.
Article 11 (Assignment of Contractual Position)
① Without the Company's prior written consent, the Customer may not assign, pledge, sublease, or resell its contractual position or right to use the Services to any third party.
② In the event of a merger, demerger, transfer of business, or equivalent universal succession, the Customer shall promptly notify the Company and provide relevant supporting documents and information regarding the successor. The Company shall not unreasonably withhold consent absent material concerns regarding the successor's creditworthiness, technical capability, or service operations.
③ Unless otherwise agreed, all service fees and other obligations arising before the assignment remain the responsibility of the Customer prior to such assignment.
Article 12 (Notices)
① Notices relating to the agreement shall be sent to the address, email address, electronic document system, or contact details specified in the Main Agreement. Material notices concerning termination, fee changes, limitations of liability, or similar matters shall be delivered by at least one verifiable method, including email, registered mail, or an equivalent method.
② Email is deemed received when the sending system confirms normal delivery; registered mail when delivery is confirmed; and hand delivery when receipt is acknowledged. This shall not apply where the recipient proves that, without fault on its part, it was unable to review the notice.
③ The Company shall not be liable for delays in general operational notices caused by the Customer's failure to update its contact information. However, the Company shall make reasonable additional attempts to contact the Customer regarding notices that materially affect the Customer's rights or obligations.
④ Posting on a website alone does not constitute contractual notice under this Article.
Chapter 3. Obligations of the Parties
Article 13 (Obligations of the Company)
① The Company shall provide the Services with the care of a prudent service provider and in accordance with reasonable technical standards, and shall maintain the personnel, equipment, circuits, and monitoring systems necessary to ensure service stability.
② In the event of a service outage, the Company shall investigate the cause, restore the Services as promptly as reasonably practicable, and notify the Customer of the progress and resolution of any material outage.
③ The Company shall receive the Customer's legitimate inquiries, change requests, and complaints and process them within the period specified in the Contract Documents or, if no period is specified, within a reasonable period.
④ The Company shall not use Customer information or Confidential Information obtained in connection with the Services for purposes other than performance of the agreement and shall protect such information in accordance with applicable law and these Terms.
⑤ The Company may subcontract part of the Services to a specialized service provider or telecommunications carrier and shall remain responsible to the Customer for the subcontractor's performance of the applicable contractual obligations.
Article 14 (Obligations of the Customer)
① The Customer shall pay service fees and all other contractual amounts when due and shall timely provide the information and cooperation necessary for deployment, operation, and incident recovery.
② The Customer shall possess lawful authority to use the protected IP addresses, domains, systems, and circuits and shall not infringe any third-party rights.
③ The Customer shall appropriately manage the operating systems, applications, accounts, and access privileges of the Customer Systems and maintain reasonable security measures, including security patches, antivirus protection, and access controls.
④ The Customer shall establish and maintain backup and recovery plans for the Customer Systems and data. Unless the Company has agreed in writing to provide a separate backup service, responsibility for data backup remains with the Customer.
⑤ The Customer shall securely manage service accounts, passwords, certificates, and access keys and shall immediately notify the Company upon becoming aware of leakage or suspicious activity.
⑥ The Customer shall designate an incident response contact and emergency contact available twenty-four (24) hours a day and shall promptly update such information upon any change.
⑦ Without the Company's prior written consent, the Customer may not lease, resell, or permit shared use of the Services by any third party.
Article 15 (Customer Facilities and Company Equipment)
① The Customer is responsible for the ownership, operation, licensing, data, and internal security of the Customer Systems, except to the extent the Company has agreed to provide separate managed services.
② Title to Company Equipment remains with the Company or the applicable lessor, and the Customer shall store and use such equipment with due care.
③ Without the Company's prior written approval, the Customer may not relocate, modify, disassemble, repurpose, or permit any third party to use Company Equipment.
④ Upon termination of the agreement, the Customer shall cooperate with the removal of Company Equipment within five (5) Business Days after the termination date. If removal is delayed due to the Customer's fault, the Customer shall bear the actual storage, transportation, and equipment damage costs incurred.
⑤ Before removing equipment, the Company may request that the Customer complete any necessary data backup. If data is lost because the Customer fails to comply with a reasonable cooperation request, the Company shall not be liable absent willful misconduct or gross negligence.
⑥ If the Customer refuses without legitimate grounds to return equipment for thirty (30) days or more, or becomes unreachable, the Company may recover, store, or dispose of the equipment after following applicable legal procedures and providing prior notice. Any proceeds from disposal shall be returned to the Customer after deduction of outstanding amounts and actual expenses.
Article 16 (Prohibited Conduct)
The Customer shall not use the Services to engage in any of the following:
- operating a website, content, or service that violates applicable law or supports criminal activity;
- distributing malware, conducting unauthorized intrusion or vulnerability scanning, compromising accounts, carrying out DDoS attacks, or engaging in any other security infringement;
- transmitting unlawful spam or bulk commercial messages without the recipient's consent;
- infringing another person's personal information, copyright, trademark, trade secret, or other rights;
- exceeding contractually permitted capacity, circuits, or protected assets, or circumventing metering, billing, or security functions;
- disrupting or endangering the Company's or another customer's network, equipment, or service operations; or
- reselling, subleasing, modifying, or reverse engineering the Services or Company Equipment without authorization.
Article 17 (Intellectual Property Rights)
① All intellectual property rights in the Services, Company software, mitigation policies, technical documents, report templates, and materials provided by the Company are owned by the Company or the applicable rights holder.
② During the contract term, the Customer may use software and materials provided by the Company solely to the extent necessary to use the Services, on a non-exclusive and non-transferable basis.
③ Rights in Customer data, content supplied by the Customer, and the Customer's proprietary systems remain with the Customer.
④ Neither party may use the other party's trade name, trademark, or logo in promotional materials without prior written consent.
Article 18 (Confidentiality)
① Each party shall keep confidential the other party's technical, business, security, customer, pricing, and network configuration information learned in connection with the negotiation or performance of the agreement, and shall not use such information for purposes outside the agreement or disclose it to any third party.
② Confidential Information does not include information that:
- was publicly available at the time of disclosure;
- becomes publicly available through no fault of the receiving party;
- is lawfully obtained from a third party without an obligation of confidentiality; or
- is independently developed without use of the other party's Confidential Information.
③ Where disclosure is required by applicable law or a lawful request of a court or administrative authority, the receiving party shall, to the extent legally permitted, notify the other party in advance and minimize the scope of disclosure.
④ The confidentiality obligations survive for three (3) years after termination of the agreement. Trade secrets and personal information shall remain protected for the period required by applicable law.
Article 19 (Personal Information and Information Security)
① Where the Company or the Customer processes personal information in performing the agreement, each party shall comply with the Personal Information Protection Act and other applicable laws.
② The Company may process the minimum personal information necessary for the Services, including Customer contact details, payment and contract information, and service operations information. Specific processing details shall be governed by the Company's applicable privacy notice or a separate agreement.
③ Where the Company processes personal information on behalf of the Customer, the parties may enter into a separate personal information processing entrustment agreement or data processing agreement covering the purpose and categories of processing, retention period, security measures, subprocessors, and return or deletion upon termination.
④ The Customer shall have lawful authority and a valid legal basis to provide the Company with personal information relating to its employees or any third party.
⑤ If either party identifies circumstances indicating leakage, damage, or compromise of personal or material information, it shall notify the other party without undue delay and cooperate to mitigate harm and complete any legally required reporting.
Chapter 4. Service Operation, Suspension, and Restrictions
Article 20 (Maintenance and Inspection)
① The Company may perform scheduled maintenance, equipment replacement, software updates, or circuit work to improve service stability.
② If scheduled work is expected to affect the Services, the Company shall, in principle, notify the Customer at least twenty-four (24) hours in advance of the purpose, timing, and anticipated impact and shall minimize downtime.
③ Emergency security patches, measures to prevent the spread of an outage, or emergency work by an upstream telecommunications provider may be performed without prior notice, in which case the Company shall notify the Customer as promptly as reasonably practicable after the action.
Article 21 (Temporary Suspension of Services)
① The Company may temporarily suspend all or part of the Services in any of the following circumstances:
- an unexpected network equipment failure or emergency restoration is required;
- a failure, configuration error, or work performed on the Customer Systems makes continued service provision impracticable;
- an outage occurs in a circuit, facility, or upstream telecommunications provider not directly owned or operated by the Company;
- a force majeure event occurs, including interruption of power or communications, fire, natural disaster, war, terrorism, epidemic, or national emergency;
- a lawful request is made by a court, investigative authority, administrative authority, or telecommunications provider; or
- emergency security action is required due to an infringement by the Customer or a third party.
② To the extent practicable, the Company shall notify the Customer of the reason for suspension and estimated restoration time and shall use reasonable efforts to restore the Services.
③ Any fee reduction or liability for damages shall be governed by Articles 34 through 36.
Article 22 (Use Restrictions and Emergency Measures)
① The Company may restrict access to the Services, traffic, protected assets, or management functions to the extent necessary in any of the following circumstances:
- the Customer breaches Article 14 or Article 16;
- service fees are overdue;
- the Customer materially exceeds the contracted capacity, circuits, or protected assets and causes disruption to another customer or the Company's network;
- the Customer Systems have been hacked or infected with malware, or a material risk arises from inadequate security updates;
- a government authority, court, investigative authority, or upstream telecommunications provider lawfully requests a restriction; or
- an IP address has been, or is at imminent risk of being, listed on a domestic or international blocklist due to unlawful spam, bulk sending, or abuse.
② Except where an urgent security or outage response is required, the Company shall provide written notice of the grounds for the restriction and the remediation deadline and shall allow the Customer at least five (5) Business Days to cure.
③ If an emergency measure is taken, the Company shall notify the Customer without undue delay of the grounds, scope, and conditions for lifting the measure and shall restore the Services within a reasonable period after the cause has been resolved.
④ A use restriction shall be limited to the minimum necessary scope and duration, and the Customer may raise an objection with supporting evidence.
Article 23 (Response to Electronic Security Incidents)
① Within the scope of the Services, the Company shall monitor network security threats and, to the extent practicable, notify the Customer upon identifying a material vulnerability or indication of compromise that may affect the Customer.
② The Customer shall not distribute malware, conduct unauthorized scans or unlawful intrusions, generate excessive traffic, or engage in any other activity that threatens the security of the Company or another customer.
③ Each party shall designate an incident response contact available twenty-four (24) hours a day and, upon discovering suspicious activity or an incident, shall immediately notify the other party and cooperate in log preservation, root-cause analysis, containment, and recovery.
④ Information and logs obtained from the other party during an incident investigation shall not be used for purposes other than incident response.
Article 24 (Unlawful Spam and Service Abuse)
① The Customer shall comply with applicable laws and regulatory guidance concerning the transmission of commercial messages.
② The Company shall maintain a contact responsible for handling spam and abuse reports and may request that the Customer investigate and take action regarding any report involving the Customer.
③ The Customer shall respond with the results of its action within seven (7) days after receiving the Company's request. Where immediate blocking is necessary, the Company may first impose a use restriction and provide the Customer an opportunity to explain afterward.
④ If a repeated or material violation is confirmed, the Company may restrict the Services or terminate the agreement in accordance with Article 22 or Article 26.
Chapter 5. Termination of the Agreement
Article 25 (Early Termination by the Customer)
① Unless otherwise provided in the Main Agreement, the Customer may terminate the agreement before expiration by giving written notice at least thirty (30) days before the desired termination date.
② If the Company materially breaches a contractual obligation and fails to cure the breach within ten (10) Business Days after receiving the Customer's written cure notice, the Customer may terminate the agreement.
③ In any of the following circumstances, the Customer may terminate the agreement immediately or upon reasonable notice without an early termination charge:
- due to the Company's fault, the same Service is continuously unavailable for at least seventy-two (72) hours or is unavailable for an aggregate of at least five (5) days in any one-month period;
- the Company is unable to continue providing the Services due to bankruptcy, rehabilitation, cessation of business, or similar circumstances;
- the Customer does not agree to a material amendment under Article 4③ and gives notice of termination before the amendment takes effect; or
- a force majeure condition continues for at least thirty (30) days, making it difficult to achieve the purpose of the agreement.
Article 26 (Termination by the Company)
① The Company may terminate all or part of the agreement if any of the following grounds exists and the Customer fails to cure within five (5) Business Days after receiving written notice to cure:
- failure to pay service fees or another final and due obligation;
- provision of materially false information during contract formation or amendment;
- a material breach of Article 14, Article 16, or Article 24;
- continuation of the same or a similar violation despite repeated use restrictions; or
- unauthorized relocation, alteration, or sublease of Company Equipment, or failure to return such equipment.
② The Company may terminate the agreement immediately without a prior cure period in any of the following circumstances and shall notify the Customer of the reason as promptly as reasonably practicable:
- unlawful conduct, security infringement, or service abuse causes, or poses an imminent risk of causing, material harm to the Company or a third party;
- a court, investigative authority, or administrative authority lawfully requires termination of the Services;
- the Customer enters bankruptcy, rehabilitation, cessation of business, suspension of operations, or an equivalent condition that materially impairs performance of the agreement; or
- the Customer intentionally interferes with the Company's service operations or causes material harm to the Company.
③ Before termination, the Company shall consider the scope of termination and whether an alternative measure is available and shall exercise its termination right only to the extent necessary.
Article 27 (Effect of Termination)
① Upon termination, the Company shall discontinue the Services on the termination date, and the Customer shall pay all service fees, additional fees, late payment interest, and legitimate costs accrued through that date.
② Before termination, the Customer shall independently back up any required data and settings. Unless retention is required by law or a separate written agreement, the Company may delete or de-identify Customer data held for service operation within thirty (30) days after termination.
③ The Customer shall cooperate with recovery of Company Equipment in accordance with Article 15.
④ Termination does not affect any rights, obligations, or claims for damages accrued before termination. Provisions concerning intellectual property, confidentiality, personal information, unpaid amounts, limitations of liability, and dispute resolution survive to the extent required by their nature.
Article 28 (Early Termination Charges)
① If a fixed-term agreement is terminated before expiration for the Customer's convenience or due to the Customer's fault, the Customer shall pay the early termination charge specified in the Main Agreement or Service Specifications.
② If no separate calculation method is specified, the early termination charge shall equal the sum of the following, without duplicate recovery for the same loss:
- fifty percent (50%) of the base service fees for the remaining contract term;
- the actual, unamortized value of any waived or discounted installation, equipment, circuit, or service charges, calculated based on the contract term; and
- any cancellation fee or penalty actually incurred by the Company as a result of early termination of a third-party circuit or equipment lease agreement.
③ The amount under paragraph ② shall not exceed the sum of the base service fees for the remaining term and the third-party costs actually incurred by the Company.
④ No early termination charge shall apply to termination under Article 25② or Article 25③.
Chapter 6. Service Fees
Article 29 (Components of Service Fees)
① Service fees consist of base service fees, usage-based or excess usage charges, installation and change-work charges, equipment rental fees, circuit charges, and fees for separate value-added services. Specific amounts and applicable taxes shall be as set forth in the Main Agreement or Service Specifications.
② Any change to service fees during the contract term applies only by written agreement of the parties. However, a change in a statutory tax rate or a clearly specified change in pass-through third-party costs may be reflected upon notice accompanied by supporting documentation.
③ A change to fees posted on a website or in general informational materials does not change the fees under an existing agreement.
Article 30 (Billing and Payment)
① Whether payment is prepaid or postpaid, the billing cycle, due date, payment method, and issuance of tax invoices shall be governed by the Main Agreement.
② Unless otherwise agreed, if a monthly subscription Service commences, changes, or terminates during a month, the fee for that month shall be prorated on a thirty (30)-day basis. Usage-based charges shall be calculated using the Company's measurement records.
③ The Customer shall pay by bank transfer, credit card, or another method approved by the Company and shall also pay any remittance or payment processing fee that the Customer has agreed to bear.
④ If the Customer makes payment under a name that the Company cannot readily identify, the Customer shall immediately notify the Company of the payment.
Article 31 (Additional Charges and Excess Usage)
① The Company may charge additional fees for excess traffic, mitigation capacity, additional IP addresses, additional circuits, emergency work, or value-added services where the calculation method is specified in the Contract Documents.
② Additional work or costs for which no calculation method is specified in the Contract Documents may be charged only with the Customer's prior written approval. However, if prior approval was impossible because emergency action was required to prevent the spread of an outage, the Company shall promptly provide details of the work and actual cost after taking action and settle the amount with the Customer.
③ The Customer may request reasonable supporting data concerning excess usage and its calculation, and the Company shall provide verifiable information except to the extent disclosure is restricted for security reasons.
Article 32 (Late Payment and Debt Collection)
① If the Customer fails to pay service fees by the due date, the Company shall provide written notice of the outstanding amount and payment deadline and may restrict use of the Services under Article 22 or terminate the agreement under Article 26.
② From the day after the payment due date until payment in full, the Customer shall pay late payment interest on the outstanding amount at an annual rate of twelve percent (12%). If this rate exceeds the maximum rate permitted by applicable law, the maximum permitted rate shall apply.
③ The Company may engage a credit information company or legal representative to collect a legitimate outstanding claim and may charge the Customer reasonable collection costs actually incurred to the extent permitted by applicable law.
Article 33 (Billing Disputes and Refunds)
① If the Customer disputes an invoice, it shall submit the dispute with supporting evidence within ten (10) Business Days after receipt and shall pay any undisputed amount by the due date. This period does not limit any statutory right concerning an error that could not reasonably have been discovered within such period.
② The Company shall provide its written review result within ten (10) Business Days after receiving the dispute. If additional verification is required, the Company shall notify the Customer of the reason and expected resolution date.
③ If an overpayment or erroneous payment is confirmed, the Company shall, at the Customer's option, credit the amount against the next invoice or refund it within ten (10) Business Days. Processing time attributable to a payment processor may be excluded from the refund period.
④ If prepaid funds remain when the agreement terminates, the Company shall refund the balance within thirty (30) days after the termination date, after deducting unpaid amounts, actual usage charges, and legitimate early termination charges.
Chapter 7. Service Outages and Liability
Article 34 (Fee Reduction for Service Outages)
① If, due to the Company's fault, the Customer is unable to use the Services for at least three (3) consecutive hours or for more than twelve (12) aggregate hours in a month, the Customer may request a fee reduction under this Article.
② The fee reduction shall be calculated by dividing the monthly base service fee for the affected Service by seven hundred twenty (720) hours to determine the average hourly fee and multiplying that amount by the qualifying outage duration.
③ If restoration takes more than twenty-four (24) hours after the Company receives an incident report or detects the outage itself, the amount for the period exceeding twenty-four (24) hours shall be calculated at ten (10) times the average hourly fee. The total monthly reduction under this paragraph and paragraph ② shall not exceed the monthly base service fee for the affected Service.
④ Outage duration is measured from the earlier of the Company's receipt of the Customer's incident report or the Company's own detection of the outage until normal service is restored. Any period of delay caused by the Customer's delayed report or lack of cooperation shall be excluded.
⑤ The Customer shall request the reduction by the end of the month following the month in which the outage occurred, specifying the date and time, impact, and claimed amount. After verification, the Company shall apply the reduction to the next invoice or, if the agreement has terminated, issue a refund.
⑥ The following periods are excluded from qualifying outage duration:
- scheduled maintenance notified in advance under Article 20;
- an outage caused by the Customer Systems, Customer configuration or work, or a circuit managed by the Customer;
- an outage caused by force majeure or an upstream telecommunications provider outside the Company's reasonable control;
- an attack exceeding the contractual mitigation capacity or an unavoidable mitigation measure under Article 8③; or
- a restoration delay caused by the Customer's failure to provide required access, information, or cooperation.
⑦ A fee reduction under this Article does not limit liability for damages resulting from the Company's willful misconduct or gross negligence.
Article 35 (Damages)
① Each party shall compensate the other party for direct and ordinary damages caused by its breach of the agreement or other attributable fault.
② The Company shall not be liable for special, indirect, or consequential damages, loss of business, loss of anticipated profits, or data loss aggravated by the Customer's failure to maintain appropriate backups. This exclusion does not apply where the Company knew or reasonably should have known of the special circumstances and the damage resulted from the Company's willful misconduct or gross negligence.
③ The Company's aggregate contractual liability shall not exceed the total base service fees actually paid by the Customer for the affected Service during the six (6) months immediately preceding the event giving rise to the damage. If the Customer has used the Service for less than six (6) months, the cap shall be the total base service fees actually paid during the period of use.
④ The liability cap in paragraph ③ does not apply to the Company's willful misconduct or gross negligence, death or personal injury, breach involving personal information, breach of confidentiality obligations, or infringement of a third party's intellectual property rights.
⑤ Any fee reduction provided under Article 34 shall be deducted from damages awarded for the same outage.
Article 36 (Disclaimer)
① To the extent the Company is not at fault, the Company shall not be liable for damage arising from any of the following:
- force majeure, including natural disaster, war, terrorism, national emergency, or widespread power or communications failure;
- the Customer Systems, Customer facilities, a circuit managed by the Customer, or the Customer's configuration or work;
- an outage of a telecommunications carrier, power provider, IDC, or third-party service outside the Company's reasonable control;
- unlawful conduct, security infringement, malware, unauthorized alteration, or inadequate security measures by the Customer or a third party;
- an attack exceeding the contractual mitigation capacity or a new type of attack that is technically difficult to identify in advance;
- the Customer's failure to follow the Company's reasonable security or recovery instructions or provide necessary information or access; or
- maintenance under Article 20, mitigation measures under Article 8, or a service restriction imposed pursuant to applicable law or a lawful request of a government authority.
② The Company shall not be liable for free trial or ancillary services absent willful misconduct or gross negligence.
③ This Article does not limit any liability that cannot be excluded under applicable law.
Article 37 (Customer Liability and Third-Party Claims)
① If the Customer causes damage to the Company or a third party through breach of the agreement, unlawful conduct, Customer content, the Customer Systems, or use of the Services, the Customer shall compensate for direct and ordinary damages.
② If a third-party infringement claim, administrative sanction, or claim for damages arises due to the Customer's fault, the Customer shall cooperate with the Company in resolving the matter and shall bear reasonable costs and damages finally incurred by the Company.
③ Upon receiving a claim under paragraph ②, the Company shall promptly notify the Customer and provide the Customer a reasonable opportunity to control the defense or settlement. The Company shall not admit liability or enter into a settlement adverse to the Customer without the Customer's prior consent, except where immediate action is required to prevent harm or comply with applicable law.
Chapter 8. Miscellaneous
Article 38 (Governing Law and Dispute Resolution)
① The Contract Documents shall be governed by and construed in accordance with the laws of the Republic of Korea.
② In the event of a dispute, the parties shall use good-faith efforts to resolve it through discussions between their respective contacts and, if necessary, escalation to responsible executives.
③ Where appropriate, the parties may by mutual agreement use mediation procedures administered by a specialized institution such as the Korean Commercial Arbitration Board.
④ Any litigation not resolved through consultation or mediation shall be brought before a court having jurisdiction under the Civil Procedure Act of the Republic of Korea.