TERMS

TERMS OF SERVICE FOR SUBSCRIBER / MARKETER / DISTRIBUTOR GENERAL TERMS

1. General

1.1 This document detailing the terms of the contract between the company and the customer, joins the terms of the customer’s plan / transaction / package with the company and other documents and all constitute the customer’s contract of agreement with the company which is the only agreement between the parties (“the agreement”).

1.2 After reviewing the agreement, the customer will enter a password and username and connect to the telephony network. The telephone conversations that take place with the customer as well as the username and password entered by the customer constitute, each, the customer’s full consent to all the terms of the agreement. If the customer connected even before receiving the agreement, then his continued connection after receiving the agreement constitutes his full consent to all the terms of the agreement.

1.3 The Terms of Service may be updated from time to time and are fully published on the Company’s website. Each update will send an appropriate message to the subscriber via email. There is no reason in the update of the terms of service to terminate the existing terms of service. The subscriber chooses not to agree to any change in the terms of service will notify the company and can terminate the terms of the contract at any time. Continued use of the system constitutes the subscriber’s consent to the current and updated terms of service.

2. Settings

2.1 “The Company” – BLB-Net Israel Ltd. H.P. 514397660

2.2 “Customer / customer / subscription” – a person who has contracted with the Company for the purpose of receiving services under this agreement, in accordance with the contract package which forms an integral part of this agreement.

2.3 “Call package” – the service delivery route, which is selected by the customer.

3. The essence of the service

3.1 The Company will provide PBX and call services, including support services for the call package selected by the subscriber under this Agreement.

3.2 The provision of the service is subject to the fulfillment of all the subscriber’s obligations under the agreement. Subject to the provisions of any law, the Company will be entitled to change the terms of the services and / or the engagement packages at its sole discretion.

3.3 In order to receive telephony services from the company, you must ensure that a suitable and active infrastructure is connected, including the required physical line and service.

3.4 Internet infrastructure services and the Internet provider are not the responsibility of the company and you must contact the infrastructure provider and the Internet provider directly for the purpose of receiving or purchasing from the company in accordance with the terms of the order for it.

4. תעריפים

4.1 For the Services the Subscriber shall pay to the Company the payments specified in the Accounts which the Company shall submit to the Subscriber from time to time. The amount of the payments will be calculated in accordance with the rates of the engagement package to which the subscription is registered and / or the rates published in the company’s price list as will be updated by the company from time to time if the engagement period has ended.

4.2 Subject to any law, the company reserves the right to update the tariffs for the services at its discretion provided that in the event of a tariff increase the customer will be notified 14 days prior to the effective date of the update.

4.3 For the avoidance of doubt, it is clarified that the monthly subscription fee does not include monthly payments to the infrastructure company, except in cooperative packages in which the company will also be paid for the infrastructure company and supplier’s services, without any liability for the infrastructure company’s services.

4.4 Start and end of service:

Billing will start from the date of registration for the service.

The service will be terminated at the end of the month (end of the cycle) in which a disconnection request was received, and in addition, a notification was received no less than two days before.

4.5 The subscriber will be entitled to switch between the engagement packages offered by the company at that time by notifying the company and subject to the company’s approval. The change will take effect immediately upon company approval.

4.6 It is clarified that customers who purchase telephony services for trading purposes (dealers), will not benefit from promotions that apply to the Company’s subscribers.

4.7 It is clarified that in call packages that include a package of call minutes at a fixed monthly price, the subscriber will be charged a fixed fee whether or not actual calls were made.

5. Accounts

5.1 At the beginning of each month (billing cycle) a tax invoice will be sent to the subscriber to the e-mail address provided by the subscriber when registering for the company’s services.

5.2 The Company may, at its discretion and taking into account the consumption of the services by the subscriber, determine the period of time for which an account will be submitted to the subscriber.

6. Making the payments

6.1 The Subscriber shall pay to the Company a consideration for the services provided to it by the Company, no later than the due date of each account as stated in the invoice which will be issued to it from time to time (hereinafter: “Due Date”), by means of payment as approved by the Company.

6.2 The Company’s records regarding the consumption of the services by the subscriber and / or regarding the details of the contract package will constitute conclusive evidence regarding payments for the services, and the subscriber undertakes to pay any bill, which according to the company’s records, refers to the services consumed by the subscriber.

6.3 The Company will debit the bank account whose details are specified in the request for payment by ordering a bank account debited, signed by the subscriber and approved by the company or the credit card whose details were provided to the company by the subscriber, as applicable, not before the due date on the account. The subscriber must ensure that the above means of payment is respected by the bank or credit company. The agreement with the subscriber is conditional on the approval of the above means of payment by the bank or credit company, and as long as the approval is not given, the company Restrict subscriber access to them.

6.4 The Subscriber shall notify the Company immediately of any change in the details of the means of payment by which it is charged by the Company. If the subscriber chooses to pay by credit card, he will immediately notify the company of any theft and / or loss and / or misuse of the credit card through which he is charged.

6.5 The subscriber may change the means of payment chosen by him in accordance with the Company’s procedures, by telephone and / or in writing to the Company and by signing the required form, as the case may be, but clarifies that such change may involve a change in rates.

6.6 The Subscriber hereby acknowledges that the Company may charge the fees for the services provided to it through another on its behalf.

7. Late payment

If you do not pay on time, the company may charge you the linkage differences, and linked and accrued interest in accordance with the Interest and Linkage Ruling Law, 5771, 1961, starting from the set date

For payment until actual payment. Payment not paid on the due date will be charged with collection expenses provided that at least 14 days have elapsed from that date.

8. Technical support, customer service

8.1 The Company will provide technical support services to the customer in matters of connection to the PBX, settings and required connections to third party software during working hours only. Outside of business hours support will only be provided for incidents that disable receiving and making calls.

9. Termination of service initiated by the company

The Company may, or terminate the services provided to the Subscriber for a complete or temporary cessation, or in a notice,

To subscribe in advance, as far as possible and / or obligated in the circumstances of the matter, and in the presence of one of the following:

9.1 The subscriber has not paid, on time, a payment that he owes for the services he received from the company in accordance with what is stated in the terms of the contract;

9.2 the subscriber violated a material condition in the terms of the engagement;

9.3 If the Company has seen that there is a reasonable suspicion of unlawful use or in fact fraud through the Services, ancillary Services, or the equipment associated with the Services, including through the Customer’s end equipment, as the case may be;

9.4 If the Company has seen that there is a reasonable fear that the Subscriber will not meet the payments for the Services since the Subscriber has died, or ceases to exist if the Subscriber is a Company;

9.5 The subscriber was declared bankrupt or appointed a trustee in bankruptcy, a temporary or permanent receiver, a temporary or permanent liquidator as the case may be, or an application was submitted to the court in this regard, and was not removed within 30 days of its submission, and no guarantee was given on his behalf Covering the debts and payments that the subscriber owes to the company until the end of the bankruptcy or liquidation proceedings as the case may be;

9.6 This is required for the operation, maintenance or expansion of the Company’s telephony system;

9.7 The Company has seen that the service which has the potential to cause harm to the public or part of it or to the Company has been misused.

9.8 The Company allows the subscriber to use the telephony services of a transparent number, mainly for the purpose of displaying the caller’s number in call forwarding. The subscriber has taken actions to make telephone calls while identifying with a telephone number that has not been assigned to him and / or does not belong to him.

Any complaint and / or indemnification that is received by a third party in respect of the subscriber’s action and improper use of the network, the subscriber undertakes to bear any cost that the company will incur in respect of these actions.

10. Payments despite disconnection of service

10.1 There is nothing in the disconnection, cessation or restriction of services as aforesaid to detract from the subscriber’s obligation to pay the company its debt in accordance with the contract, including payment of arrears interest and collection expenses, if required.

11. Limitation of Company Liability

11.1 The Services are provided on an “as is” basis and without any representation whatsoever in relation to their suitability for a particular use

11.2 The subscriber is aware that the telephony services are based on the Internet and the information transmitted on it is not under the control of the company and the company does not give any representation, express or implied, in relation to the Internet or in relation to any goods, information, products or services provided through it.

11.3 The subscriber is aware that the telephony services that he purchased from the company do not guarantee a constant call quality; He also knows that the quality of the call is affected by both the bandwidth purchased and other factors. Please note that when using file-sharing applications, there may be a change in the call quality.

11.4 The Company, its employees and all those on its behalf will not be liable for damages –

11.4.1 for direct or indirect damage caused due to the restriction or cessation of the services;

11.4.2 For damage resulting from the intentional act or serious negligence of the subscriber, his employees and / or those on his behalf.

12. Indemnification

12.1 The provisions of this agreement do not detract from any right of the company under any agreement and / or under any law and does not detract from the company’s right to be reimbursed from the subscriber for any damage and / or loss and / or expense caused to it as a result of the subscriber’s actions and / or omissions. . The subscriber undertakes to indemnify the company immediately for any expense and / or damage

Caused to her as a result of a breach of the subscriber’s obligations / responsibilities either under this agreement or under the law.

13. Address of parties and notices

13.1 Any notice sent by the Company to the Subscriber at the address given to it or at another address notified to the Company by the Subscriber shall be deemed to have reached its destination three business days from the date of delivery if sent by post or e-mail, and delivered by hand or facsimile. .

13.2 The subscriber undertakes to notify the company in writing, by mail, by e-mail or through the company’s website, within 14 days of any change in his address or other details provided to the company.

14. Jurisdiction

14.1 It is hereby agreed between the parties that the exclusive jurisdiction in connection with this agreement and all that derives from it will be given to the courts in Tel Aviv only.

14.2 The laws of the State of Israel shall apply to this Agreement and shall be construed solely in accordance with them.

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