Terms of Service

1. General
1.1 This Agreement details the terms of the contract between the client and the company, and is the only agreement between the parties. The Company will not be obligated to any declaration or agreement that is not included in this agreement, unless have also been made by it in the notice to the customer, after the start of this agreement.
1.2 After reviewing the agreement, the customer enters a password and a user name and connects to the Internet. .Phone calls that took place with the client as well as entering a username and password by the customer are, each one, the full consent of the client to all provisions of this Agreement. If the customer logs in before receiving the agreement, then continued use after obtaining the agreement is full consent to all provisions of this Agreement.
1.3 Any change in the Communications Law (Telecommunications and Broadcasting) – 1982 ( “the Act”) or the regulations disseminated thereunder, or in the company license, insofar as they are, according to the company, in order to influence the terms of the agreement, will be considered as a modification of the terms of the contract agreed.

2. Definitions
2.1 ” Company” – 099 Primo Communications Ltd. # 512764788.
2.2 ” Client / customer / subscriber” – who he called the company to obtain services under this Agreement, in accordance with the contract package, which is an integral part of this agreement.
2.3 ” contract package” – service delivery track, which is chosen by the customer.

3. Nature of service
3.1 The Company will provide Internet communications services, including support services contract package chosen by the subscriber on the basis of this agreement.
3.2 Service delivery is subject to fulfillment of all obligations according to the subscription agreement.
3.3 Subject to the provisions of all laws, the Company may change the terms of services and / or packages engagement in its sole discretion.
3.4 Subscriber agrees and is aware that the Company may make keep copies of e-mails, to maintain the integrity and / or quality of the system and services and to ensure the operations and user activity; This is for the period required for such transactions.
3.5 The Company may, at its sole discretion, suspend or limit the amount of e-mail messages sent by the client, within the Services.

4. Fees
4.1 For subscription services, the client will pay the fees specified in the company accounts which the Company will submit to the subscriber periodically. Payments will be calculated in accordance with the amount of fees listed in the contract package subscribed to and / or the published rates in the price list of the company as updated by the Company from time to time when the contract was completed as part of the contract package.
4.2 Subject to all laws, the Company reserves the right to change the tariffs for services at its discretion.
4.3 For the avoidance of doubt it is clarified that the monthly subscription fee does not include monthly fees to infrastructure, except where in special bundles where the Company explicitly states that it will pay for infrastructure services, and where the client will pay to the company for both its services in addition to infrastructure services, without the company providing any warrantee on the infrastructure services.
4.4 Charge for services will be made as of the date of subscription to the service.
4.5 Subscriber shall be entitled to switch between packages offered by the Company by notifying the Company and subject to approval of the company.
The change will take effect immediately upon approval of the Company and its terms and conditions and provided that the commitment period of current services has expired and that the client does not have any unpaid debt to the company.
Such a change may be subject to a fee and / or changing the terms of the contract.
4.6 It is clarified that customers who purchase Internet services for commercial purposes (dealers) do not benefit from special offers applicable to subscribers of the company.
4.7 It is clarified that the contract includes internet packages for a fixed monthly subscription fee. Fees will be charged whether the client uses the service or not.

5. Making payments
5.1 The Subscriber shall pay the company compensation for the services provided to him by the company.
5.2 The company’s records concerning the consumption of services by the subscriber and / or the details of the contract package will constitute conclusive evidence regarding payments for services, and the subscriber warrants to bear the cost of each account, which as stated according to company records, refers to services which are consumed by the subscriber.
5.3 The Company will charge the bank account details of which are indicated on a signed direct debit form and transferred to the Company, or the credit card details of which were provided to the Company by the subscriber, as applicable, not before the due date stated in the account. Subscriber shall notify the company immediately of any changes to the details of the payment method which is charged by the company.
5.4 Subscribers choosing to pay by credit card, shall notify the Company immediately of any theft and / or loss and / or misuse of the credit card by which they committed.
5.5 The subscriber may change the payment method chosen by them in accordance with the procedures of the Company, by telephone and / or in the company and signing the required form, respectively, but it is hereby clarified that such a change may entail a change in tariffs.
5.6 The subscriber agrees that the Company may collect payments for services provided to them through others acting on its behalf.

6. Back pay
6.1 Without prejudice to any other remedy provided to the Company, any payment which is not received when due shall bear in mind the fixed interest on arrears, indexation and collection costs from the date it was supposed to be paid until the date of actual payment.

7. Investigating accounts
7.1 The subscriber may contact the Company’s office, by phone, during days and hours of work, for the purpose of inquiries or complaints in connection with the accounts. In order to allow the implementation of telephone inquiries by subscribers, while maintaining the confidentiality of information services provided to subscribers and account information in respect thereof, accounts inquiries will be made and information will be given only after identifying the subscriber, by phone number and other personal information that identifies the subscriber as provided by the subscriber at registration services and according to the procedures of the company.
7.2 The Subscriber shall be entitled to challenge the correctness of the account, for a period of one month from receipt of the account by the subscriber. At the end of the one month period, the subscriber will not be able to challenge the account.

8. Technical Support, Customer Service
8.1 The Company shall provide technical support services to clients on login and on using the Internet. Technical support services will be provided only when there is a fault in the service provided by the Company and / or its responsibility.
8.2 The company will operate a customer service center for the servicing of non-technical request and enquiries (billing, change in information, communication package replacement request).

9. Protection of privacy
9.1 Without derogating from the provisions of the wiretaps – 1979, The Privacy Law – 1981, or any other laws regarding the protection of individual’s privacy, the Company is entitled to perform computerized tracking of customer activity and / or system and reveal all information for monitoring / maintaining the integrity and / or quality of the system and / or service and the protection of its activity and user activity and monitoring compliance with the law.
9.2 The Company, its employees and agents acting on its behalf shall not disclose lists and documents which are registered name and address of the subscriber or any other information relating to it, including account information.
9.3 Notwithstanding the provisions of this section, the Company may make these:
1) to provide subscriber information to a third party to collect monies owed to the Company for services and under the terms of the contract, provided that the information transmitted is necessary to collect funds and preparing accounts, and transferred to the third party has undertaken to keep such information private subscription as stated in this section;
2) to transfer subscriber information after the order to comply with the lawful authority;
3) transfer the subscriber or authorized on his behalf, at his request, lists, documents and information stated above in this section relating to subscribers only.
4) Subscriber agrees that the Company shall include the name, IP address, e-mail address, domain name, phone number and address, in its datastores, unless the customer informed the company of his desire not do so by written notice 14 days from the day of providing the required information and receiving the user receiving Internet service, whichever is later.
5) Please note that information in our system will be used to send information, updates and promotional offers on the company’s communications services.

10. Termination of service initiated by the Company
The Company may terminate the services provided to subscribers, a permanent or temporary termination, or to restrict them, by providing prior notice to subscribers as much as possible and / or as allowed under the circumstances, and if one of those:
10.1 The Subscriber is not paid by the date of payment and where his payment was already due, for the services he received from the company in accordance with the contract terms;
10.2 The Subscriber has violated a material condition of the contract;
10.3 If the Company viewed that there is a reasonable use is unlawful or fraudulent using services, ancillary services, or equipment connected with the services, including through the terminal equipment of the customer, as applicable;
10.4 If the Company viewed that there is a reasonable suspicion that the subscriber fails to meet payments for services because the subscriber dies or ceases to exist;
10.5 Subscriber has been declared bankrupt or appointed trustee in bankruptcy, receiver temporary or permanent, provisional liquidator or permanent as appropriate, or an application was filed in this connection to the Court, and not removed within 30 days of its submission, and guarantees not given to Company’s satisfaction to ensure coverage obligations of subscription payments owed by them to the company, until the final process of liquidation or bankruptcy, as applicable;
10.6 It is necessary for the operation, maintenance or expansion of the company’s internet system;
10.7 The Minister of Communications revoked, restricted, suspended the special license for providing internet services of the company or changed conditions, or for national security reasons, or in times of national emergency.
10.8 The Company elected by technological reasons and for reasons of economic viability.
10.9 The company saw that the service was misused in a way which could cause damage to all or part of the company.

11. Payments Despite disconnecting service
11.1 No isolation, restriction or cessation of the services stated above detracts from the subscriber’s obligation to pay the debt in accordance services consumed by the subscriber, including the payment of overdue interest and collection costs, if required.

12. Limitation of Liability Company
12.1 The Company will provide the services under the license it holds, Internet capacity and connectivity at its disposal. It is hereby clarified that the very nature of these services, data interruptions and / or disorders that Company is not obligated to provide the services continuously and without interruption. Notwithstanding the above, the Company will do its utmost to prevent disruptions in services provided by it and under its responsibility.
12.2 Services are provided on the basis of”As Is” and without any representations with respect to the suitability for certain use.
12.3 It is known to subscribers that the Internet and the information transmitted is not controlled by the Company and the Company does not make any representation, express or implied, with respect to the Internet or to any merchandise, information, products or services provided through.
12.4 Subject to the immunities granted to the company by the Minister of Communications, and subject to the provisions of this section, shall not bear the company, its employees, liability in tort on its behalf from the following:
12.4.1 direct damage caused by the restriction or cessation services;
12.4.2 damage resulting from an intentional act or gross negligence of the Company, its employees or its representatives.
12.5 In addition, the company, its employees and on its behalf, shall not be liable for damage caused –
12.5.1 non-provision of services and ancillary services, pausing, limitation or discontinuance resulting from an intentional act of the Company as is necessary for the performance of telecommunications activity as defined by law, or the provision of services;
12.5.2 An error in providing the services, a telecommunications message or omission from, non-delivery of a telecommunications message or late delivery, delivery of a telecommunications message to an incorrect address, unless caused by gross negligence of the Company, its employees or any person acting on its behalf.
12.6 In addition to the above, it is clarified that the company does not bear any responsibility for any indirect or consequential damages (such as loss of income, loss, damage to reputation, etc.), and that the company does not bear any responsibility for any damage that is caused by factors not under the control or causes of the company, including fire, war, natural disasters (including earthquake), acts of sabotage or accidental damage resulting from circumstances beyond control of the Company or that the Company cannot prevent, temporary disruption of services, limitation, or isolation in a different way because of regulations or because of government decrees, and due to the actions or omissions of other licensed communications, including damage or malfunction originating from the local telecommunications network, the public Internet, access to international services, equipment, customer and environment in its application, subject to this, which despite reasonable efforts the company is unable to meet its obligations;
12.7 It is hereby clarified that the information, data and everything else that is transmitted on the network is not secured by the Company. The Company is not liable for its safety and did not bear any damage and / or liability incurred as a result.
12.8 Subscriber shall be solely responsible for the security, backup and data protection contained in and / or equipment at his disposal. The Company is not responsible for and / or damage and / or loss incurred due to the lack of security, including intrusion of unauthorized and / or collapse of.
12.9 Company shall not be responsible or liable for any injury or liability for any intellectual property rights and / or defamation.
12.10 It is hereby clarified that the Company’s sole liability, should it apply, shall be limited to direct damage and in any case may not exceed the actual subscription that was paid the company for services provided by the company during the three months prior to the event of damage claimed by the subscriber.

13. Indemnification
13.1 The provisions of this Agreement does not prejudice any right available to the Company under any agreement and / or under any law and does not undermine the rights of the company to recover from the subscriber for any damage and / or loss and / or expense incurred as a result of the acts and / or omissions of the subscriber. Subscriber undertakes to indemnify the Company immediately for any expense and / or damage caused as a result of the breach of obligations / responsibilities between the subscriber under this Agreement or by law.

14. No enforcement does not violate rights
14.1 If the company has refrained from enforcing its rights under the contract, does not mean a waiver of such rights or the Company’s right to sue for breach of rights (including the enforcement thereof), and does not prevent the Company from enforcing its rights at a later date, or for any other violation of the terms of engagement.

15. Subscriber Commitment
15.1 The Subscriber undertakes to bear all the payments on time, as specified in this Agreement.
15.2 The Subscriber will use the Services in accordance with all laws and subject to terms of the Company.
Subscriber undertakes to refrain from the illegal use of: services provided to him by the company, ancillary services associated with the equipment or services, as applicable.
15.3 The services provided under this Agreement are provided only to subscribers, and in any case the subscriber will be responsible to the Company under the provisions of this Agreement. Subscriber agrees not to assign and / or allow the use of, for a fee and / or unpaid, and that the services will be used under their responsibility and supervision.
15.4 The Subscriber undertakes to indemnify the Company immediately upon receiving a request to do so, for any damage and / or loss and / or expense caused to the company and / or any third party’s use subscription services.
15.5 Subscriber agrees not to provide communication services using the company’s services licensed or not licensed, whether paid or unpaid.
15.6 Subscriber agrees not to use the company’s services to perform and / or practice actions prohibited by law. It is hereby clarified that due to these operations he shall bear sole responsibility and control. Subscriber undertakes to indemnify the Company immediately upon receiving the first request for any damage and / or claim and / or demand against the Company in respect of the implementation of such prohibited actions.

16. The period of the contract
16.1 The termination of this contract with the complete cessation of services provided to subscribers according to the above, or with a subscriber request for complete cessation of services provided to him, whichever comes first.
16.2 Despite the termination of the contract for any reason, the subscriber shall pay their debts to the company in accordance with agreements between the subscriber and the company, including the payment of linkage differentials, interest on arrears and collection costs, if required.

17. Disconnection / termination of service by customer initiative
17.1 For sales deals from a distance, by phone or email or other, the customer may cancel the transaction within fourteen days from the date the transaction was provided as long as the cancellation is made at least two working days prior to the delivery of service.
17.2 The subscriber who wishes to end the contract with the company will notify the Company by telephone or in writing with the request to end the agreement. It is further clarified that the canceling by the subscriber of their connection with the infrastructure provider does constitute notice of cancellation of the contract with the company and termination of the subscription payment does not constitute notice to the Company and / or cancellation of the contract.
17.3 disconnecting subscription will take effect within two working days of notice of disconnection.
17.4 If the subscriber has committed to a minimum period as part of the communication package, then immediately after any disconnection of service, the subscriber will be charged the balance of payments as set out in the subscription program.

18. Freezing of Subscription
18.1 Internet service can be frozen or suspended at the request of the subscriber for a minimum period of two weeks and a maximum period of one month, for a fee in accordance with the tariff determined by the Company from time to time.
18.2 You cannot freeze the internet service program for special promotional offers, or for a program with minimum period of time, during that minimum time period, and / or freeze programs that include a bundle of company services and infrastructure providers.
18.3 Emails sent to the client that made the freezing will be kept in company mail systems during the freeze period, subject to the limitation of the size of their mailbox and the mail system of the company.
18.4 Notwithstanding the provisions of this section, you cannot freeze prepaid subscription.

19. Online behavior
19.1 The Subscriber shall act in accordance with and subject to the law, including wiretapping Law 1979, Protection of Privacy Act 1981, Defamation Act, 1965 and any other law regarding protection of the privacy of the individual, and according rules of conduct on the Internet including: 20.1.1 not distribute mail to addresses whose owners have not given their consent.
19.2 does not publish on a commercial basis on the Internet without permission.
19.3 does not send e-mails that provoke complaints from those who receive the messages (spamming)
19.4 retains the right to privacy.
19.5 will not use expressions offensive and / or inappropriate.
19.6 will not make illegal use of any resources on the Internet.
19.7 do not infringe the intellectual property, including trademark and / or copying the information and / or copyright infringement, etc..

20. Address for parties and messages
20.1 Any notice which is sent to the Subscriber to their address on record which was provided by them, or to any another address provided by the subscriber, will be considered deemed delivered three business days from the date of dispatch if sent by mail or e-mail, or from the moment of confirmation of delivery of transfer if delivered by hand or transferred by fax.
20.2 Subscriber undertakes to inform the company in writing, by mail, by e-mail or through the company’s own website, within 14 days of any change in its address or other information provided to the company.

21. Offsetting and lien
21.1 The Company shall have the right to offset and / or withhold any amount that it receives from the subscriber in connection with this Agreement or any other agreement, including in respect of terminal equipment supplied to subscribers. Subscriber shall have no right to offset and / or withhold any amount that should be paid to the Company for services and / or equipment.

22. Jurisdiction
22.1 It is hereby agreed between the parties that exclusive jurisdiction regarding this Agreement and anything derived from it will be of the courts in Jerusalem only.
22.2 This agreement is subject to Israeli laws and is interpreted according to them only.

23. General
23.1 The Company may assign its rights and / or obligations under this Agreement to third parties.
23.2 Subscriber hereby agrees that their details will be included in the databases of the Company.
23.3 Subscriber hereby consents to receive information and / or updates and / or promotional material / any marketing via their e-mail address which they provided to the company as well as by telephone, unless they notified of their refusal to receive such materials, to the company, within 14 days of connection. The subscriber will be able to ask us to stop sending material advertising / marketing at every stage later in the contract and the company undertakes to proceed with the request within 14 days after receiving notice.
23.4 At the beginning of each month an invoice will be sent to the e-mail address provided by the subscriber at time of registration for company services, unless the subscriber specifically asked that the invoice will be sent by regular mail.
23.5 Subscriber undertakes to inform the company immediately about the change in his personal details (phone, address, etc.). Each subscriber that has not informed the company about a change in such details, will be considered to have received the subscription service and will bear all charges for the provision of services.
23.6 099 Primo Communications Inc. has appointed an Ombudsman whose duty is to investigate complaints from subscribers regarding Internet access service of 099 Primo Communications Ltd.(ISP), and to investigate complaints from subscribers regarding the agreement and accounts sent to them by 099 Primo Communications Ltd and to resolve them.

In the case of a complaint about these issues, you can communicate with the Ombudsman in one of the following ways:

Phone: 072-2467000
Fax: 02-6289554
Post: Postal Box 51414, Jerusalem 9151302
Email: omb@099.net.il