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.