1. Definitions

“Business Day” – Sunday through Thursday, excluding holiday eves, holidays and sabbaticals.

2. Engagement Period and Termination
3. Engagement Period: The engagement will commence on the date of the customer’s signing of this Agreement and subject to the receipt of the required approvals by Omnitelecom for connecting the customer to the service, including approval of credit control. Following the fulfillment of the aforesaid, Omnitelecom will notify the customer of the expected date for the actual commencement of the service.
4. Each party may, at any time, notify of the termination of the engagement by providing a 30-day advance written notice, without being required to explain its decision.
5. Each Party may bring the term of this Agreement to its early termination due to: (1) the fundamental breach by the other party, which was not rectified within 5 days from the date on which notice in regards thereof had been given in writing; and/or (2) a breach by a party that was not rectified within 15 days from the date on which notice in regards thereof had been given in writing.
6. Installment of equipment at the customer’s site will take place within 14 business days of receipt of a signed service order, unless the customer requests installation at a later date or if the installation is rejected for reasons beyond the control of Omnitelecom.
7. Omnitelecom will keep the call recordings made by the customer for up to 30 days only from the end of the agreement period or from the date the customer chooses to stop paying for the recording service. The transfer of the recordings to the customer will be done in accordance with the customer’s written request, in exchange for a payment of 18 USD for up to 1G and 14 USD for each additional 1G (including the means of storage). Following 30 days as aforesaid, so long as the customer did not request to receive the recordings, the recordings will be erased.
8. Temporary Disconnection of Service: The customer may request in writing to disconnect the service for a period of up to three months, once every 12 months during the term of the agreement. The period of disconnection will be coordinated in writing with the company, and upon its completion, the agreement will be renewed automatically, including the execution of the payments thereunder.

3. Prices and Payments
4. The price of call minutes will be in accordance with the proposal made to the customer. Price per call minutes to special destinations / numbers, including premium services, will be charged in addition to a standard call rate, even at an additional charge determined by the service provider.
5. Payment for air time will be calculated per second.
6. All prices specified in this service order or in the proposal made to the customer do not include VAT, which will be added to any payment under this Agreement, unless expressly stated otherwise.
7. Minimum monthly payment: 99 NIS.
8. Terms of Payment: Payment by credit card, once a month.
9. If prices in this order are specified in dollar values, they will be paid in New Israeli Shekels according to the exchange rate as of the date of issuance of the invoice.
10. The price of additions, extensions and upgrades to additional devices or services which are not included in this service order will be determined according to Omnitelecom’s pricelist on the day of their order.
11. The payment for the purchase of equipment, including hardware / software, will be made prior to the arrival of the equipment at the customer’s site. If the customer wishes to postpone the delivery of equipment, the charge will be made, at the latest, within 14 days from the date of arrival of the equipment to Omnitelecom.
12. Service call for the installment of designated settings will be charged according to the actual hours of the technician’s work.
13. Omnitelecom may update the pricelist from time to time, at its discretion, by providing notice to the customer, including due to changes in the Consumer Price Index, changes in the foreign currency exchange rate, an increase in the costs of services and changes in the prices of another licensee.
14. In respect of any delay in payment of a bill, the customer will be charged with linkage differentials and interest on arrears, as specified by law, until the date of actual payment.

4. Infrastructure and End-Equipment
5. All costs associated with the required infrastructure components (including Internet connection) are separate and at the customer’s expense.
6. It is agreed between the parties that the order of service and the fixed prices therein do not include the consideration due to Omnitelecom or anyone on its behalf for the purchase of components and/or infrastructure services or any part thereof or for the purchase of the end equipment for installation at the customer’s site. The aforesaid will be based on a separate price proposal for the purchase of components and/or infrastructure services and/or end equipment, according to the customer’s needs. The customer will be responsible for the fulfillment of all the conditions required for the installation of the equipment, including space, electrical point, network point (for connection to the Internet), etc.
7. In respect of the provision of repair service for malfunctions in circumstances in which Omnitelecom has no liability for the repair thereof, the customer will be charged with one hour of a technician’s hourly rate according to the Omnitelecom pricelist, and according to the number of hours required by the technician for the repair of the malfunction.
8. It is hereby clarified that Omnitelecom may provide repair service for malfunctions, perform installations and provide training, on its own and/or through anyone on its behalf.
9. Omnitelecom will handle a service call ordered by the customer’s authorized contact person for the purpose of reporting and opening a service call for a malfunction, the details of whom are recorded in the service order.
10. Omnitelecom will not be liable to the customer for damages and/or costs incurred in the event of theft of devices and/or phone calls from the customer’s site and/or by remote access, theft of log-in details and/or theft of calls from applications installed on computers, tablets, cellular phones, etc. of the customer. In case of theft of calls, the customer will bear the full payment amount for the calls.
11. It was clarified to the customer that in the event of a malfunction and/or an Internet network fall at the customer’s site (and/or any other relevant infrastructure segment), the telephony system will cease to work until the Internet network is repaired.

5. Customer Infrastructure Compatibility Requirements
   1. For each parallel call, a minimum bandwidth of at least 55 symmetric kbs is required.
   2. Active network point (RJ-45) and power point at each station.
   3. The customer is aware that incompatibility of the infrastructure requirements may affect the service and/or the quality of the service.

6. Liability
7. The service and the possibility of the use thereof depend, inter alia, on the availability and properness of the communication and infrastructure equipment of the customer and of third parties, as well as on communication networks of operators and other suppliers, and the properness of the power grid at the customer’s premises. Omnitelecom is not liable for any malfunction and/or failure to supply the service for any reason that is not within Omnitelecom’s full and exclusive control.
8. Although Omnitelecom invests effort and resources in the recording service, it cannot guarantee that the call recording service will operate flawlessly, and does not undertake that it will be possible to locate any call that was made in the recording system, due to the difficulty in locating and other technical reasons. Therefore, the customer confirms it will not have any argument and/or claim in respect thereof. Without derogating from the aforesaid, the customer will be solely responsible for complying with the law, since the calls are recorded by the system.
9. Omnitelecom will not be liable for any damages caused to the customer and/or any third party as a result of loss of income, prevented profit, loss of information, loss of data, loss of computer time and/or any consequential and/or indirect damages and/or damages incurred as a result of circumstances force majeure. Omnitelecom’s liability for direct damages in connection with and/or as a result of the service will be limited to the total amount of the payments actually made by the customer to Omnitelecom in respect of the provision of the services in the two (2) months prior to the formation of the cause of action. The limitation of liability will apply to any claim of any kind, whatever it is, whether contractual, tort or otherwise.

7. Customer Service and Support

Omnitelecom’s service and support centers are available to the customer for telephonic support and operate to respond to customer service calls according to the following service timetable and service level:

• Telephone response Sunday through Thursday – 09:00 to 24:00 (except for holiday eves, holidays and sabbaticals).
• Response time for the commencement of the handling of a disabling malfunction will be up to 5 hours from the reporting of the call.
• The commencement of the handling of another malfunction will be up to 24 hours after the reporting of the call.

To contact us and report a service call, please dial 972-3-7222224 or by e-mail at support@omnitelecom.co.il.

8. Miscellaneous
9. Cancellation or determination of the invalidity of a provision of a service order or any part thereof will apply only to that provision or part, as the case may be, and will not, in and of itself, prejudice the binding validity of the service order or any other provision thereof.
10. The customer is aware that the telephone numbers that will be provided by Omnitelecom for the purpose of providing the service are numbers assigned to it by other communications operators. The use of these numbers will be made only during the term of the agreement and for the provision of the service, and the customer does not and will not have any right whatsoever, of any kind and type in connection with the numbers during the term of the agreement and/or thereafter.
11. The customer declares and confirms that it is aware that the use of the Internet users’ portal (the user interface) will be at his sole risk. Omnitelecom will not be liable for such use. The customer confirms that it is aware that use of the interface that is inconsistent with the explicit definitions provided thereto may prevent the transfer of calls to their destination or prevent it from making calls, and/or cause another problem / malfunction in its telephony system. The customer understands and confirms that access to the portal will allow access to its call data, listening to their recordings and more, and therefore it must keep its name and password in strict confidence.
12. The customer undertakes not to take and not allow others to take actions that constitute fraud and/or abuse and/or use contrary to the provisions of any law.
13. The service is intended solely for use by the customer. The customer will not transfer and/or assign its obligations and/or rights under this agreement to any third party, without prior written consent from Omnitelecom. In addition, the customer undertakes not to allow anyone else to make use of the service, for consideration (re-sell) or for no consideration, directly and/or indirectly, unless Omnitelecom’s consent has been given in advance and in writing in respect thereof and under the terms as it will prescribe.
14. Omnitelecom will be entitled to assign its rights and/or obligations under this agreement, in whole or in part, as it deems fit and without obtaining the customer’s consent, and to transfer to third parties the means of payment provided by the customer, including in the framework of the sale of Omnitelecom’s activity and/or its merger. For the avoidance of doubt, it is hereby clarified that in the event of such transfer, the customer agrees to provide all details and information, including regarding the means of payment in the possession of Omnitelecom in connection with the provision of the service to the Customer.
15. The customer will not be entitled to offset and/or deduct any amount from the payments to which he is liable under this agreement.
16. Omnitelecom will be entitled to add and/or modify the terms of use of the service by providing a 30-day advance written notice to the customer. The modification will be deemed to be an integral part of the agreement between the parties. It is hereby clarified that the customer will be entitled, in such a case, to notify of the termination of the engagement, in accordance with the provisions of Section 2.2 above.
17. This agreement will be governed by the laws of the State of Israel. The courts in Tel Aviv will have sole jurisdiction over all matters relating to this agreement, its implementation, interpretation and/or any other matter relating to this agreement.
18. By signing this price proposal, you confirm that you have read and understood the general terms of use of Omnitelecom’s services.
19. The offer valid for 30 days.
20. Errors and omissions expected.