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Terms of Use

1.             Definitions:

In this Agreement, each of the following terms and expressions shall have the meaning stated next to it, unless the context indicates otherwise:

1.1         "Access Number" – any of the access numbers specified as such on the Website, that enable placing certain calls through the Service.

1.2         "Agreement" – terms and conditions set forth in these Terms of Use, and any and all additional terms and conditions relevant to the Package and/or the Service, as specified on the Website or otherwise communicated on behalf of the Company to the Customer.

1.3         "Company" – OMNITelecom Ltd.

1.4         "Customer" – person or entity entering into the Agreement with the Company, for the purpose of provision of the Service by the Company to such person or entity.

1.5         "Destination" – the country (excluding the country to which the Origination relates) in which the Customer shall reside and use the Service.

1.6         "Helpdesk" – the Company's telephony customer service, details of which are provided on the Website.

1.7         "Package" – specific service package purchased by the Customer from the Company.

1.8         "Law" – any and all provisions of the law, rules, and/or regulations applicable to the Service (including use thereof) and/or to the Agreement.

1.9         "Origination" – a certain area code in the country, to which the Number (defined in section 3.1 below) designated by the Company as part of the Service is related, as predetermined, pursuant to the Customer's order.

1.10     "Rate" – the rate per minute of a call placed through use of the Service, as specified in the list of rates available on the Website (which lists the termination location of the call), which may be updated from time to time.

1.11     "Rate List" – the list of Rates available on the Website, which can be updated from time to time.

1.12     "Service" – the service purchased by the Customer from the Company and provided by the Company to the Customer pursuant to the Agreement, as determined by the Package and detailed hereinafter.

1.13     "Term" – the term during which the Agreement shall be effective, from the time of purchase of the Service by the Customer until termination of the Agreement in accordance with these Terms of Use.

1.14     "Website" – the website, the home page of which is located at www.local03.com.

2.             The Agreement:

2.1         The Agreement, which may be updated from time to time in accordance with requirements of the Law or as otherwise stipulated herein, is the sole and entire agreement between the Customer and the Company with respect to the Service.

2.2         Registration to the Service or purchase of the Service by Customer in any other form constitute the Customer's acceptance of these Terms of Use and the Agreement, and Customer's entrance into the Agreement, and constitute Customer's representation that she/he has read and understood these Terms of Use and any and all additional terms and conditions relevant to the Package and/or the Service, as specified on the Website, and that she/he is of legal age to enter into the Agreement. Any person who does not agree to any of the terms and/or conditions of the Agreement, whether entirely or partly, must refrain from registering to or otherwise purchasing the Service.

2.3         The Company recommends that the Customer periodically review the Website to become aware of any changes to the terms and/or conditions relevant to the Package and/or the Service.

3.             The Service

3.1         The Service consists of the following: (a) Routing of calls dialed to a telephone number in the Origination (selected at the Company's sole discretion) which is with respect to the country specified in Customer's order ("the Number"), to a specific telephone number in the Destination (whether a mobile or landline telephone), predetermined as per the Customer's request and subject to the Company's agreement ("the Authorized Number"), while the Customer is at the Destination ("Incoming Calls"); and (b) Routing of calls from the Authorized Number or from other telephone numbers in the Destination, dialed through an Access Number, to a telephone number in the locations available on Company's Rate List (whether of a mobile or landline telephone) ("Outgoing Calls").

3.2         The Service is provided to the Customer on a personal and non-transferable basis.

3.3         The Customer acknowledges that the Number is owned by the Company, and that the Customer is granted a right only to receive, at the Authorized Number, Incoming Calls dialed to the Number within the Service during the Term, in accordance with the terms and conditions of the Agreement.

3.4         Outgoing Calls are placed by calling an Access Number, and are authorized only to the locations listed in the Rate List, and are charged according to the rates in said list. The Customer acknowledges that any calls to a location not expressly listed in the Rate List will be charged separately according to the charges of any third parties that took part in delivery and termination of such calls, and to Company's service charges, as applicable from time to time, and the Customer agrees to bear all such charges.

3.5         To eliminate all doubt, the Customer acknowledges that calls terminated in the territories of the Palestinian Authority are not considered for the purpose of the Service as being terminated in Israel, and are charged according to their rate in the Rate List.

3.6         To enable the Customer to place Outgoing Calls, the Company provides the Customer with a password or entitles the Customer to create one. It is Customer's responsibility to ensure that the password created by her/him is non-trivial and is difficult for others to discover. The Customer is responsible for keeping the password in confidence and not to disclose it to any third party.

3.7         When the Customer calls the Helpdesk, the Company may request that the Customer provide it with certain information in order to identify the Customer (such as the Customer's identifying details with respect to the Service, including, but not limited to, the password provided by Company upon purchase of the Service or created by Customer).

3.8         The Company is not obligated to permit more than a single Authorized Number.

3.9         The Customer acknowledges that use of an Access Number does not support calls to any of the following:

a)    Emergency services (such as special medical care units, law enforcement agencies). The Customer acknowledges that Outgoing Calls cannot be made to such services, and waives any claim and demand against the Company, its officers, directors, employees, representatives, and agents with respect thereto. The Customer agrees that the Service is not a replacement for her/his primary telephone service.

b)   Directory services (such as 411 in the U.S).

c)    Certain telephone numbers to which Outgoing Calls cannot be placed (such as abbreviated numbers, numbers of certain call services (such as erotic calls), and numbers with non-standard area codes).

4.             Purchase of the Service

4.1         The Service must be purchased directly from the Company, whether through the Company's Helpdesk or through registration on the Website.

4.2         Purchase of Service is deemed achieved as soon as the Customer provides the Company with a valid means of payment for the Service ("the Purchase Date").

4.3         The Service is provided on a monthly basis, and unless terminated earlier, is automatically renewed upon the first day after completion of each 1 month term from the Purchase Date (e.g., if the Purchase Date is February 23, the Service is automatically renewed on the 23rd day of each consecutive month). The initial month, as from the Purchase Date, and each such renewal, is deemed a "Service Month."

4.4         The Company is entitled, at its sole discretion, to change any of the Rates at any time. Any Rate change shall be updated in the Rate List and become effective immediately upon such update, and the Customer is responsible to review the Rate List from time to time.

4.5         The Company shall notify the Customer, at least 30 days in advance, by e-mail, of any change to the Rate of a call terminated in the Origination and of a call terminated in the Destination. For such purpose, the Customer shall provide to the Company the address of an active e-mail account used and reviewed by the Customer, and shall be responsible to maintain such account throughout the Term, or alternately provide to the Company the address of a different active account.

4.6         Without derogating from the aforesaid, the Company is entitled, at its sole discretion, to change any of the terms and conditions applicable to the Service (other than Rates), with respect to any Service Month, upon update of these Terms of Use or any other portion of the Agreement, on the Website. Such change shall be applicable with respect to the Service immediately.

4.7         Unless the Customer terminates the Service in accordance with the terms and conditions of the Agreement, the automatic renewal of the following Service Month(s) shall occur, and Customer shall be deemed as accepting any changes of the terms and conditions applicable to the Service (including the Rates).

4.8         The Customer may replace the Package with another service package offered by Company by notifying the Helpdesk or through the means available on the Website, from the beginning of a Service Month, provided that the Company receives and acknowledges the Customer's request concerning the replacement before the beginning of the Service Month and before charging the Customer for it.

4.9         The Customer may suspend the Service for up to 3 months once, by notifying the Helpdesk. Such notice must state the date on which provision of the Service is to be renewed (which may not be more than 3 months beyond the date of notification). On such date, the Service is automatically renewed and charges may be applied. The Customer shall bear all charges (if any) incurred with relation to the suspended Service.

5.             Authorization to purchase and use the Service

5.1         A person may purchase the Service only if she/he is eighteen (18) years of age or older and has the legal authority to enter into the Agreement.

5.2         A person may purchase the Service only for her/his personal use: with respect to a Customer that is an entity, personal use of the Service refers to use by the people employed by and/or managing such entity. Customer may not resell, assign, or otherwise transfer the Service and/or any of its rights pursuant to the Agreement, and may not use the Service at an unreasonably high volume.

5.3         The Service is intended only for normal personal voice telephony, and is not designed for or intended to be used for any other means or for commercial purposes (however, such normal use by a Customer that is an entity is allowed).

5.4         The Service may not be used for collect calls. If such calls are placed with relation to the Service, the Company has the right to charge the Customer fully for these calls, in accordance with the fees of the relevant third party carriers and Company's current service fees at the moment.

5.5         The Customer acknowledges that she/he is exclusively responsible for checking, before dialing an Access Number, the costs related to calling such number, and exclusively responsible for bearing any and all such costs.

5.6         The Customer acknowledges that any and all costs owed to third parties with relation to use of any portion of the Service, including, without limitation, with respect to use via a cellular telephone (which include, but are not limited to, costs due for receiving incoming calls and costs due for roaming services (which enable using a SIM card in a country/state from which the card does not originate)) and use via any other device and/or infrastructure, are not included in the Service, and the Customer is responsible for paying such costs in full.

5.7         The Customer is solely responsible for violation of any local laws and/or regulations applicable in the Destination and/or other jurisdiction to which the calls placed within the Service are subject.

5.8         By purchasing the Service, the Customer declares and warrants that she/he is acting lawfully and not operating as a provider of telecommunication services.

5.9         The Customer is responsible, and must pay, for all use of the Service, whether by Customer or any third party (whether acting with or without the Customer's permission).

5.10     The Customer undertakes to use the Service for lawful purposes only and only in accordance with all terms, conditions, and restrictions of the Package and the Agreement, and in accordance with the Law.

6.             Customer Warranties

6.1         The Customer acknowledges that provision of the Service is subject to the Customer’s fulfillment of her/his obligations pursuant to the Agreement.

6.2         The Customer acknowledges that any and all Outgoing Calls placed from the Authorized Number or from other telephone lines (with use of the Number and the password provided to the Customer by Company (or alternately the 4 last digits of the Customer's credit card used as means of payment), in the latter case), including such placed by any third party (rather than the Customer), are charged to Customer.

6.3         It is the Customer's responsibility to keep in confidence the details of the Number and the password provided to the Customer by the Company, and to protect them from theft and loss. It is the Customer's responsibility to supervise use of the Authorized Number. The Customer expressly agrees that she/he shall have no claim and/or demand against the Company with relation to theft/loss of the password used by the Customer with the Service, nor with relation to unauthorized use of the Service by others.

7.             Termination of the Service

7.1         The Customer may terminate the Service at any time by notifying the Helpdesk. To eliminate all doubt, it is clarified that termination by the Customer may not be carried out by any method other than calling the Helpdesk and notifying a representative of the Helpdesk to that effect (leaving a message to that effect with the automated answering machine is not sufficient), and that the Customer's request not to renew the Service for additional Service Month(s) must be received by the Company at least one (1) business day before the next Service Month comes into effect. Termination as per Customer's request is immediate and cannot be delayed to a later time.

7.2         Company may, at its sole discretion and without having to provide reason, refuse provision of the Service, and may terminate the Service at any time for any reason not stipulated herein, by notice to the e-mail address provided by the Customer.

7.3         The Company may terminate the Service immediately at any time, without prior notice, if it determines, at its sole discretion, that the Customer fails to comply with any of the terms and conditions of the Agreement, or in the event that there are reasonable grounds to suspect that the Customer is acting in a manner inconsistent with any of these Terms of Use.

7.4         Without derogating from the aforesaid, the Company may terminate the Service if it determines, at its sole discretion, that the use of the Service at any time exceeded normal or reasonable inbound or outbound private usage (amount or pattern), for the Customer’s Package.

7.5         IN ANY EVENT OF TERMINATION OF THE SERVICE OTHER THAN PURSUANT TO SECTION 7.2 ABOVE, REGARDLESS OF THE TIME OF ITS OCCURRENCE, THE CUSTOMER IS NOT ENTITLED TO ANY REFUND OF PAYMENT, AND ANY AND ALL SUMS OWED BY THE CUSTOMER IMMEDIATELY BECOME DUE AND PAYABLE.

8.             Payment

8.1         In consideration for the Service, subject to use thereof not exceeding the specifications of the Package, the Customer shall pay the Company, with respect to each Service Month, the fixed fee applicable to the Package, as specified on the Website ("the Fee"), together with any applicable taxes.

8.2         The Company shall charge the Fee, together with any applicable taxes, to the credit card, the details of which were provided by the Customer for the purpose of payment ("the Credit Card") in advance, and in any event not later than the Purchase Date and the beginning of each Service Month thereafter. The Company reserves the right to cease its acceptance of the means of payment presented by the Customer.

8.3         In the event of use of the Service in excess of the monetary specifications of the Package ("Excessive Use"), the Customer shall be charged an additional fee as follows:

Upon exhaustion of the limit of the monetary specifications of the Package, the Company automatically and immediately charges an additional fixed fee to the Customer’s Credit Card, (the amount of charge, unless otherwise agreed between the Company and the Customer, is as specified on the Website) ("the Extra Fee"), as consideration for Excessive Use. If the Extra Fee is higher than the actual consideration for the Excessive Use, the difference may be applied to cover additional use of the Service within the respective Service Month. If the consideration is not so used, it is transferred as credit to the consecutive Service Month, subject to the Customer purchasing the Service in such month.

Notwithstanding the aforesaid, Excessive Use for which the consideration (according to the Rates) does not exceed the determined limit (the amount of which is, unless otherwise agreed between the Company and the Customer, as specified on the Website) ("the Limited Excessive Use"), it does not incur the Extra Fee and is charged at the exact amount, to which any applicable taxes are added, on the first day of the consecutive Service Month.

Notwithstanding the aforesaid, if Company becomes aware of Excessive Use only after completion of the relevant Service Month, it reserves the right to charge the Extra Fee and any consideration for the Limited Excessive Use at any time thereafter.

8.4         1-800 Access Numbers and any other toll-free Access Numbers incur an additional fee per minute (in addition to the Rate), as specified on the Website.

8.5         Count of minutes of inbound and outbound calls placed through the Service is in 1 minute increments and it is rounded up to the next minute.

8.6         If an attempt to charge the Credit Card is refused or unsuccessful for any reason, or if the Customer fails to provide the Company with the details of a new credit card before expiration of the existing card, the Company is entitled to discontinue the Service without prior notice.

8.7         Late payment (for any reason) will incur interest at the highest rate applicable by law. Chargeback (withdrawal of paid sums) will incur such interest if eventually it is found not to have been justified. The Customer shall reimburse the Company for all expenses incurred by it with relation to the collection of sums owed to it by the Customer.

8.8          The Company does not provide invoices or other written documentation with relation to the Service to the Customer.

9.             Privacy Policy

9.1         Personal information provided by the Customer to the Company is governed by the Company's Privacy Policy, which is subject to change from time to time. The Company reserves the right to provide Customer information to third parties as required or permitted by Law.

9.2         The Customer acknowledges and agrees that: (i) the Company may provide relevant details of the Customer to third parties for the purpose of, and to the extent required for, collecting monies owed by the Customer for the Service, and (ii) the Company may present information concerning the Customer, including the Customer's identity, to the authorities for investigation and/or prosecution, whenever the Company has reason to believe that the Service was used unlawfully or whenever the Company is required by a legal authority to do so.

10.         Limitation of Liability

10.1     The Customer acknowledges that the Service, by its nature, is susceptible to interruptions, that the Service is provided on an “as is” or “as available” basis, with all faults, and that the Company does not undertake that the Service will be available at all times nor that it will be free of interruptions.

10.2     Without derogating from any other provision herein concerning interruption and/or discontinuance of the Service, the Service may be interrupted owing to essential or maintenance works on any of the systems/infrastructures used to provide it.

10.3     The Customer acknowledges that portions of the Service are provided by third parties over which the Company has no control, and that the Company shall not be liable for any act or omission of such third parties, and the Customer undertakes not to make any claim and/or demand against the Company with relation thereto.

10.4     Provision of the Service is subject to, among other factors, telephone line availability and the condition of the telephone devices used.

10.5     EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THESE TERMS OF USE, THE COMPANY (INCLUDING ITS OFFICERS, EMPLOYEES, AND ANY AFFILIATES) AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10.6     In no event shall Company (including its officers, employees, and any affiliates), or any of its suppliers or third parties providing services with relation to the Service be liable for: (a) any direct, indirect, punitive, special, consequential, or incidental damages, including, without limitation, lost profits or loss of revenue arising with relation to the use or inability to use the Service (including, without limitation, the inability to access emergency services via the Service), whether under contract, tort, negligence, or strict liability, even if the Company had been advised of the possibility of such claim or damages, or (b) any claim against the Customer by any third party.

10.7     In any event Company's total liability with relation to the Service and the Agreement is limited to the sum actually received by the Company from the Customer as consideration for the Service.

10.8     The Customer is exclusively responsible for and shall pay any and all charges in excess of the Rate, incurred and due to third parties as a result of the Customer's misuse of the Service (including, without limitation, with relation to placing Outgoing Calls not through an Access Number).

11.         Indemnification

11.1     The Customer shall defend, indemnify, and hold harmless the Company, its officers, employees, and any affiliates, and its suppliers, and third parties providing services with relation to the Service, from and against any and all claims, damages, losses, penalties, costs and expenses, including, without limitation, attorneys’ fees caused to or incurred by any of the aforesaid indemnified parties with relation to the use of the Service or the Customer's breach of any of her/his obligations or warranties pursuant to the Agreement.

12.         No Third Party Beneficiaries

12.1     No provision of the Agreement creates or provides for any person or entity other than the Customer and the Company any right or remedy.

13.         No Waiver

13.1     The Company's failure to enforce or exercise any of its rights pursuant to the Agreement and/or Law will not constitute waiver of such right.

14.         Governing Law and Jurisdiction

14.1     The Agreement shall be governed exclusively by and interpreted in accordance with the Law of the State of Israel, without reference to its conflict of laws rules.

14.2     The courts of Tel-Aviv, Israel shall have exclusive jurisdiction over any matter related to the Agreement and/or arising therefrom.

15.         Severability

15.1     In the event a provision of the Agreement is declared by a competent authority, or is held by the implementation of a law or regulation, as non-valid, this shall not affect the validity of the other provisions of the Agreement, which shall remain in full force, and such non-valid provision shall be replaced by a valid one with the closest meaning possible.