1. Definitions:
“OmniTelecom” or “the Company” – OmniTelecom Ltd.

“Service” or “Services” – Refers to the cloud PBX services and/or any associated or additional services purchased by the customer based on the service order and in accordance with these general terms and conditions.

“Service Order” or “Quotation” – A document detailing the features and prices of the services ordered by the customer.

“Business Day” – Refers to Sunday to Thursday, excluding holidays, holiday eves, and national days of rest.

“Price List” or “Company Price List” – Refers to the list of tariffs for the company’s services as detailed in these terms and the service order, subject to change from time to time.|

2. Term and Termination of Engagement:

1. Engagement Term: The engagement term begins after the customer signs the service order and subject to receiving the necessary approvals from OmniTelecom to connect the customer to the service, including credit control approval. Once the required approvals are obtained, OmniTelecom will notify the customer of the expected date to begin providing the service. The engagement term will end in accordance with the provisions of these general terms.
2. Either party may terminate the engagement at any time with a 30-day written notice to the other party without providing reasons for the decision.
3. Notwithstanding the above, either party may immediately terminate this engagement without notice due to the following reasons: (1) a material breach by the other party not remedied within 5 days of written notice; and/or (2) a breach not remedied within 15 days of written notice.
4. Temporary Service Disconnection: The customer may request a temporary service disconnection for up to three months once every 12 months during the agreement term, with prior written agreement with the company. The agreement will automatically renew upon the end of the disconnection period, including the payment obligations.

3. Prices and Payments:

1. For products and/or services and/or features purchased by the customer on a monthly payment basis, the charge will be for a full month (January, February, March, etc.), regardless of whether the customer was subscribed to the services for the entire month or only part of it.
2. Payment Terms: Payment will be made monthly via credit card.
3. The customer will pay a minimum monthly fee of 119 NIS unless a higher minimum monthly payment is specified in the quotation. The minimum monthly payment does not include variable and/or recurring services such as call minutes, DID numbers, upgrades, additional services not included in the service order, or services requiring additional compensation as per these general terms.
4. Prices for add-ons, expansions, and upgrades to devices or additional services not included in this service order will be determined based on the price list on the order date.
5. Prices for call minutes and fax transmissions will be as detailed in the quotation provided to the customer. It is clarified that the price of call minutes and fax transmissions to special destinations/numbers, including premium services and/or other services not listed in the price list or quotation, will be charged in addition to the standard call/fax rates as per the landline or mobile service provider’s price list.
6. Charges for call minutes are calculated per second.
7. All prices stated in this agreement, including in the quotation provided to the customer, do not include VAT, which will be added to each payment under this agreement unless otherwise explicitly stated.
8. If the prices in the service order are listed in US dollars, they will be paid in Israeli Shekels according to the exchange rate on the invoice date.
9. Payment for equipment purchases, including hardware/software, must be made prior to the equipment’s arrival at the customer’s site and as a condition for its delivery and installation. If the customer requests to delay the delivery and/or installation of the equipment, the charge will be made no later than 14 days after the equipment’s arrival at OmniTelecom.
10. Technician visits to the customer’s site, including for the implementation of specific settings, will be charged according to the actual hours worked by the technician.
11. OmniTelecom reserves the right to update the price list from time to time at its discretion, including due to changes in the Consumer Price Index, foreign exchange rates, service costs, changes from other service providers, or for any other reason.
12. For any delay in payment, the customer will be charged linkage differences and late payment interest at a rate of 1% per month (or proportionally for part of a month) from the due date until the actual payment date.

4. Infrastructure and End Equipment:

1. End equipment installation at the customer’s site will be carried out within: (a) up to 14 business days from the customer’s signing of the service agreement or receipt of a signed and approved service order by OmniTelecom; (b) up to 28 business days if the customer has over 100 extensions. However, OmniTelecom may postpone the installation date due to circumstances beyond its control.
2. Unless otherwise agreed upon in the service order or quotation, after the end equipment is installed at the customer’s site and full payment for the equipment is made, the equipment will be considered the property of the customer who signed the service order.
3. All costs related to the necessary infrastructure components (including internet connection and the customer’s infrastructure compliance with OmniTelecom’s requirements) are separate and at the customer’s expense and responsibility.
4. The customer acknowledges and agrees that the service order and the prices stated therein do not include payment for the purchase of infrastructure components and/or services or any part thereof, and/or for the purchase of end equipment for installation at the customer’s site if required. Additional payment for the aforementioned will be based on a separate quotation for the purchase of infrastructure components and/or services and/or end equipment according to the customer’s needs. The customer will be responsible for ensuring that all the conditions required for the equipment installation, including a power outlet, network outlet (for internet connection), etc., are met.
5. The customer will be charged according to the technician’s hourly rate as per the price list and based on the technician hours required to repair the fault in cases where OmniTelecom is not responsible for the repair.
6. OmniTelecom may provide fault repair services, installation services, and training either by itself or through its agents.
7. The customer has been informed that in case of an internet connection failure at the customer’s site (and/or in any relevant infrastructure segment), the telephony system will cease to function until the internet connection is restored.

5. Customer Infrastructure Compatibility Requirements:

1. A minimum bandwidth of at least 55 kbps symmetrical is required for each simultaneous call.
2. An active network outlet (RJ-45) and power outlet are required at each station.
3. The customer acknowledges that non-compliance with the infrastructure requirements throughout the engagement period may affect the service and/or service quality.

6. Call Recording:

1. As part of the cloud PBX service, incoming and outgoing calls are recorded, except for outgoing calls to emergency centers made using the Smart-X service.
2. Although OmniTelecom invests efforts and resources in the recording service, it cannot guarantee that the call recording service will function flawlessly and/or that every call made can be located within the recording system due to difficulties in locating calls and other technical reasons.
3. The customer acknowledges that OmniTelecom may need to listen to recorded calls in case of a service fault and/or customer complaints regarding service quality. This is done for operational purposes and/or to provide support and maintenance services and/or to address service faults. The customer consents to this, and OmniTelecom will use the recordings solely for these purposes. The customer will have no claims, demands, or lawsuits against OmniTelecom regarding this matter.
4. The customer is responsible for informing the parties involved in the recorded phone calls that the calls are being recorded and that the recordings may be used, including by OmniTelecom, for the aforementioned purposes.
5. OmniTelecom will retain the customer’s call recordings for up to 30 days after the end of the agreement for any reason or from the date the customer chooses to stop the recording service. Recordings will be transferred to the customer upon written request for a fee of 60 NIS for up to 1GB and 40 NIS for each additional 1GB (including the storage medium). If the customer does not request the recordings within the aforementioned 30 days, the recordings will be deleted, and the customer will have no claims or lawsuits regarding this matter.
Call Transcription Service:
6. The customer may request the company to provide a call transcription service using Artificial Intelligence (AI) technology (“Call Transcription Service”).
7. The call transcription service is performed by OmniTelecom using third-party software and/or service providers and/or subcontractors of OmniTelecom, and the customer agrees and acknowledges that the call recordings will be transferred to them for the purpose of providing the service.
8. The customer acknowledges that the AI-based call transcription service is a technologically innovative service designed to significantly reduce transcription costs compared to human transcription. Accordingly, it cannot be guaranteed that the transcription will be accurate and/or correct or that there will be no errors in the transcription results. The customer confirms that they will have no claims, demands, or lawsuits regarding this matter.

7. Adding a Service – SIM Service (Smart-X Service)

1. At the customer’s request, and after approval by OmniTelecom, OmniTelecom will provide the customer with a SIM card(s) from one of the cellular providers in Israel. The customer may use the SIM card(s) during the term of the agreement, in accordance with and subject to the provisions of this section and this agreement, and thus enjoy the added value service provided by OmniTelecom to service customers.
2. It is clarified that OmniTelecom is the registered customer of the cellular service with the cellular provider’s records, and it grants the customer only the right to use the SIM card and the phone number associated with it during the term of the agreement as stated above. It is further clarified that OmniTelecom may, from time to time and at its discretion, change and replace the cellular service provider with whom OmniTelecom has an agreement and port the phone number to another cellular provider without notifying the customer and without the customer having any claim due to this.
3. The prices of the Smart-X Service are as specified in the quotation form and are not included in the minimum monthly payment. The use of each SIM is limited to reasonable and fair use of up to 3000 minutes of calls within Israel only and up to 3000 SMS messages within Israel only.
4. Since the services provided by OmniTelecom are dependent on the terms and prices offered by the cellular service provider, these may change from time to time. In such a case, OmniTelecom will notify the customer seven (7) business days in advance.
5. Call recording services performed using the SIM card will be carried out in accordance with and subject to the provisions of these general terms regarding call recording, and particularly in accordance with the provisions of Section 6 above.
6. The use of the Smart-X Service may also be performed through a third-party application installed on the customer’s mobile phone at the customer’s choice. It is clarified that such an application chosen by the customer (whether with or without the knowledge of OmniTelecom) is not the responsibility of OmniTelecom, and OmniTelecom cannot guarantee that the application will function properly, continuously, or at all. OmniTelecom sometimes offers its customers the option to use (at no additional charge) the “Omni-Phone” application, which OmniTelecom (as well as other entities) has acquired usage rights for, to assist its customers. However, it is clarified that this application was also developed by a third party, and OmniTelecom cannot guarantee that it will operate flawlessly or continuously. Therefore, the customer who chooses to use the service through an application will have no claim or demand against OmniTelecom in the event of a malfunction in the application.
7. Roaming: In any case where the customer wishes to use the SIM card outside the borders of Israel, they must contact OmniTelecom’s customer service to inquire about the available roaming packages and purchase the appropriate package for the customer’s needs and the relevant destination countries. It is important to emphasize that if a roaming package is not purchased, it will not be possible to use data services while abroad, and other uses (especially making and receiving calls) will be charged at OmniTelecom’s rates, which may change from time to time. These rates may be very high, so it is recommended not to use the SIM card abroad without purchasing an appropriate roaming package. It is clarified that if the customer plans to be on sea cruises, they must notify the company in advance and check the implications, as during a cruise, the SIM card may not be available or may connect to cellular networks not included in the networks of the destination countries ordered by the customer, and therefore will not be included in the roaming package and may be charged at high rates. The same situation could also occur when the customer is near the border between countries, where the SIM card may connect to the cellular network of the other country, and the customer should be aware of this and avoid using the phone in such cases or update the settings of the mobile device in which the SIM is installed to avoid connecting to a foreign cellular network.
8. The customer confirms that they are aware that the Smart-X Service is based on a service purchased by OmniTelecom from a cellular service provider chosen by OmniTelecom at its sole discretion, and that OmniTelecom’s quality and level of service depend on the service provided by the cellular service provider. The cellular service provider has agreed to provide the service subject to the customer’s acceptance of all the following conditions:
· The cellular service provider may, subject to its operator license, change, add, or replace various dialing numbers, subscriber numbers, various codes, and the frequencies on which the products operate, and the customer does not acquire any right in relation to these numbers and frequencies.
· The cellular service provider will not be responsible for any case in which, under the instructions of the Ministry of Communications, the cellular service provider’s network or part of it is discontinued due to various circumstances.
· The cellular service provider will not be responsible for any outcome resulting from the unavailability of services and/or their unsuitability to the customer’s needs. The customer assumes full responsibility for the security risks related to the information transmitted by them within the framework of the services and the computing systems and information that are indirectly or directly connected to the data transmission services.
· In no case will the cellular service provider be liable for any damage and/or loss, whether direct or indirect, if caused to the customer and/or any third party in connection with or arising from disruptions, faults, disconnections in the provision of the cellular service provider’s network services, or their quality, even if caused by a fault in the product. The cellular service provider will not be responsible for any transmission carried out on the cellular service provider’s network except by the customer alone.
· It is known that cellular services are inherently subject to disruptions and faults. There may be areas or places where there is no full coverage of the cellular service provider’s network. Additionally, it is possible that even in places where there is currently coverage, there may not be coverage in the future and/or there may be a decrease in coverage quality. Furthermore, even in places where there is coverage, some services may not be available. The coverage of the cellular service provider’s network is also affected by external factors such as faults in other communication networks, weather conditions, difficulties in setting up sites, physical damage to sites, and the like. It should be noted that some of the cellular service provider’s services may be provided via networks of other operators (within the framework of national roaming) according to their terms. The cellular service provider will make reasonable efforts to perform any necessary repairs for the proper functioning of the cellular service provider’s network as quickly as possible. Priority will be given to repairing faults that cause general outages.

All the terms detailed in this Section 7 above will constitute a contract in favor of a third party (the cellular service provider), and they will also apply, with the necessary changes, to OmniTelecom, without detracting from the other provisions of this agreement.

9. Technical Support Service – IT

1. The customer may, after being found suitable and approved by OmniTelecom, purchase additional IT technical support services from OmniTelecom (“IT Service“).
2. The IT Service provided by OmniTelecom will include only the service components listed in the quotation form and will be subject to the SLA provisions specified therein (if specified).
3. The consideration for the IT Service is as detailed in the quotation form.
4. The IT Service will be provided either by an OmniTelecom representative visiting the customer’s site, by remote telephone support, remote control, or any other method at OmniTelecom’s professional discretion.
5. The customer will allow OmniTelecom and its representatives remote access to the computing system and/or allow an OmniTelecom representative to enter the customer’s premises to provide the IT Service and/or to check the feasibility of providing the IT Service to the customer.
6. The IT Service is provided solely for the customer’s computing system and does not include service for infrastructure and/or hardware owned by the customer.
7. The customer will purchase, at their expense and responsibility, licenses for software, applications, end equipment, and hardware and will be solely responsible for ensuring that all computer stations have the appropriate, updated, and valid licenses for all software and/or applications and/or antivirus programs installed on the computer stations. OmniTelecom will not check or be responsible for checking the customer’s license system, and this will be the full and sole responsibility of the customer.
8. The customer acknowledges that OmniTelecom will not provide IT Service to a computing system and/or software for which it is found that the customer does not hold valid licenses and/or has used pirated software and/or applications, and the customer will have no claim or lawsuit against OmniTelecom regarding this.
9. The customer acknowledges that IT Service is provided on a best-effort basis, and it cannot be guaranteed that every problem can be fixed or every issue resolved at any time or within any specific timeframe. Problem-solving and troubleshooting depend on a variety of factors, including factors not necessarily within the control of the customer and/or OmniTelecom. Therefore, OmniTelecom will strive to provide the services professionally and in accordance with the SLA agreed with the customer (if agreed), but it cannot commit to solving every problem or fault or commit to a specific resolution timeframe.
10. Unless otherwise agreed in writing and explicitly between the parties, the backup of the customer’s software, information, and data will be the responsibility of the customer. The customer is aware that providing the IT Service remotely and/or at the customer’s site involves handling computers on which content is stored. The customer is responsible for backing up valuable content, and OmniTelecom will not be responsible for the loss of content and/or information and/or data.
11. The other provisions of this agreement, including the limitation of liability applicable to OmniTelecom, will apply mutatis mutandis and with the necessary changes to the IT Service mentioned in this section.

10. Recording Masking Service

1. The customer may, after being found suitable and approved by OmniTelecom, purchase the recording masking service (hereinafter: “Masking Service”)
2. The Masking Service allows the customer to obscure certain data and/or information provided to them during a recorded call, either by voice distortion and/or sound playback and/or interruption of the recording and/or in any other manner at the discretion of OmniTelecom.
3. The customer acknowledges that the Masking Service is operated independently by the customer alone, under their responsibility, control, and through their systems. The customer confirms that they are aware that the Masking Service may not be available at all times and/or may not allow the masking of all the data that the customer and/or their customers wish not to include in the call recording, and the customer and/or those on their behalf will have no claim or demand against OmniTelecom regarding this.
4. The customer confirms that they are aware that it is impossible to undo the masking performed on the recording or its parts and that once the Masking Service is activated, it will not be possible to restore the information or data for which the Masking Service was activated.
5. Without derogating from the above, the customer confirms that they are aware that service disruptions may occur, including due to the integration of third-party products in the customer’s systems, and OmniTelecom will not be responsible for the incompatibility of the Masking Service with the customer and/or their systems and/or for the failure of the Masking Service operation due to systems and/or third-party products.
6. The other provisions of this agreement, including the limitation of liability applicable to OmniTelecom, will apply mutatis mutandis and with the necessary changes to the Masking Service.

11. Do Not Call Me” Database

· Prohibition of Marketing Communication
1. The customer declares and confirms that they are aware that, under Amendment No. 61 to the Consumer Protection Law, 1981 (hereinafter: “Consumer Protection Law”), it is stipulated, among other things, that a business may not make a marketing communication (as defined in the Consumer Protection Law) to a phone number registered in the database established by the Consumer Protection and Fair Trade Authority (a database known as “Do Not Call Me”).
2. The customer is aware that the phone numbers provided to the customer for the service may be registered with various communication operators under the name of OmniTelecom; therefore, it is clarified for the avoidance of doubt that in any case of an inquiry by any governmental authority and/or any third party claiming that the phone numbers were used in violation of the Consumer Protection Law, OmniTelecom will be entitled to provide the customer’s details so that the inquiry can be addressed directly with the customer, and the customer will have no claim or demand against OmniTelecom in this regard.
3. Without derogating from the above, the customer undertakes to indemnify and compensate OmniTelecom against any claim, demand, fine, financial penalty, and/or expense (including attorney’s fees) that may be directed or imposed on OmniTelecom due to an act and/or omission of the customer in connection with the provisions of this section above.
· Phone Number Checking Service in the “Do Not Call Me” Database
4. The customer may, after being found suitable and approved by OmniTelecom, purchase the phone number checking service in the “Do Not Call Me” database (hereinafter: “Do Not Call Me Service“).
5. The Do Not Call Me Service allows the customer to check, using a dedicated software interface (API) for the “Do Not Call Me” database, whether a specific phone number they wish to call is registered in the “Do Not Call Me” database.
6. The customer confirms that they are aware that the Do Not Call Me Service provided by the company is based on a third-party system and, in particular, on an online interface with the “Do Not Call Me” database established by the Consumer Protection and Fair Trade Authority; and that it cannot be guaranteed that there will be no faults and/or errors in the service, and OmniTelecom will not be responsible for any failure in the operation of the service and/or any fault in identifying any phone number, and the customer and/or those on their behalf will have no claim or demand against OmniTelecom in this regard.
7. The customer is also aware that the Do Not Call Me Service is operated independently by the customer alone, under their responsibility, control, and through their systems, and that the service does not prevent the customer from calling a number listed in the database but only alerts them that the number is registered in the database.
8. The other provisions of this agreement, including the limitation of liability applicable to OmniTelecom, will apply mutatis mutandis and with the necessary changes to the Do Not Call Me Service.

12. CRM System Integration

1. At the request of the customer, and after approval by OmniTelecom, OmniTelecom may market and/or provide the cloud PBX services when they are integrated into CRM systems, subject to the CRM system used by the customer supporting the cloud PBX services.
2. The customer acknowledges that integration between the cloud PBX service and the customer’s CRM system may, among other things, merge configuration information, including personal and/or business information and/or other content and data, between the cloud PBX service and the CRM system. The customer declares and confirms that OmniTelecom will not be responsible for any damage and/or loss caused to the customer and/or any third party due to the merging of information, including personal and/or business information, resulting from the customer’s use of the cloud PBX services when integrated with the CRM system, including in any case of data leakage and/or failure in storing and/or transferring the data and/or loss of data due to the integration between the cloud PBX service and the supported CRM system.
3. The customer acknowledges that faults and/or disruptions in the CRM system, including due to version updates and/or unavailability of the internet network and/or faults and/or disruptions in the customer’s infrastructure and hardware, may affect and/or impair the availability of the cloud PBX service and/or prevent any use of the cloud PBX service and/or any part of it, including applications such as call recording services and/or call transcription services. The customer declares and confirms that they will have no claim against OmniTelecom regarding this, either directly or indirectly.
4. The customer acknowledges that OmniTelecom is not responsible for any damage caused to the customer and/or any third party due to the operation and/or handling of the cloud PBX service through the CRM system.
5. The other provisions of this agreement, including the limitation of liability applicable to OmniTelecom, will apply mutatis mutandis and with the necessary changes to the provisions of this Section 14.

13. Emergency Numbers

1. It is clarified that outgoing calls made through the cloud PBX service using the Smart-X service to emergency numbers will not be registered and will not appear in the customer’s call logs (at OmniTelecom) and will also not be recorded as part of the call recording service (if purchased by the customer).
2. It is clarified that in the event of a call to emergency centers/numbers using a short number (including, among others, the Israel Police (100), Magen David Adom (101), the Fire Department (102), the Home Front Command (104), and the National Child Protection Hotline (105), OmniTelecom will route the call to the relevant communication operator but cannot guarantee that the routing to the emergency center will succeed in every case due to technological limitations of the communication interface. Therefore, it is recommended that the customer have access to another telephone, either landline or mobile, in case of an emergency.
3. The customer acknowledges that OmniTelecom will allow emergency centers to identify the customer’s phone number when dialing them, even if the customer requested to keep this number confidential and/or if temporary blocking was performed. Without derogating from the above, and for the purpose of providing the services, the phone number from which the customer is calling will be identified by communication operators (in Israel and/or abroad).

14. Customer Privacy and Information

1. OmniTelecom respects the customer’s privacy and is committed to protecting it in accordance with the provisions of the law. By purchasing the services, the customer confirms that they have read, understood, accepted, and agreed to OmniTelecom’s privacy policy, published on the company’s website https://www.omnitelecom.co.il/privacy-policy (“Privacy Policy“).
2. The customer confirms and authorizes that all the details and data provided by them to OmniTelecom for the purpose of providing the service or during the service, as well as any information that came to OmniTelecom’s knowledge during the service, will be stored in OmniTelecom’s databases, among other things as detailed in the Privacy Policy. In addition, if the service includes a service component that requires and/or allows the collection and/or storage of customer information on OmniTelecom’s systems (“Information”), the customer authorizes the storage of such Information. Upon the expiration of the agreement, OmniTelecom will be entitled to delete the Information under the conditions specified in this agreement, and the customer will have no claim or demand of any kind. Notwithstanding the above, OmniTelecom will be entitled to continue storing the Information in its databases even after the expiration of the agreement if there is any legal obligation to do so and/or for the purpose of defense and/or conducting legal proceedings.
3. Without derogating from the above, the customer authorizes OmniTelecom to use the Information as detailed in the Privacy Policy, as well as to take any action necessary, at OmniTelecom’s discretion, for the provision of services, including transferring the Information to a third party if required for the provision of the service and/or for the collection of customer debts.
4. OmniTelecom will be entitled to provide any third party with any Information that it is required to provide by law and/or by judicial order and/or instruction of a competent authority.
5. If the customer allows access to the private information of others to whom the customer permits the use of the services or whose information is disclosed and/or collected in connection with their use of the services (according to and subject to the terms of the engagement), it is the customer’s responsibility to ensure that they agree to it, as well as to all the terms of use and the privacy section in particular.
6. During the agreement period, OmniTelecom will operate standard protection systems to safeguard the information stored on its systems from hacking and/or theft and/or deletion and/or fraud by third parties; however, the customer is aware that the protection system operated by OmniTelecom cannot block, prevent, or detect every such case. Therefore, if the aforementioned Information is valuable to the customer, the customer will be responsible for backing up the Information stored with OmniTelecom at all times during the agreement period. Without derogating from the other provisions of this agreement, it is clarified that OmniTelecom will not be liable for damage caused to the customer in the event of such an occurrence as described in this section above.

15. Liability

1. The service and its usability depend, among other things, on the availability and proper functioning of the customer’s communication equipment and infrastructure and those of third parties, as well as on the communication networks of other operators and providers, as well as the proper functioning of the power network at the customer’s premises. OmniTelecom is not and will not be liable for any malfunction and/or failure in the provision of the service for any reason that is not under the full and exclusive control of OmniTelecom.
2. The customer confirms that they will have no claim or lawsuit due to the unavailability of the call recording service and/or the inability to locate a call made on the recording system for any reason. Without derogating from the above, the customer will be solely responsible for compliance with the law due to the recording and/or transcription of calls (via the call transcription service) and will be solely responsible for any third-party claim, including for privacy infringement, defamation, and the like.
3. OmniTelecom will not be liable to the customer for damages and/or costs incurred due to theft of equipment and/or devices and/or phone calls from the customer’s site and/or remote access, theft of login details to the system and/or unauthorized access and/or theft of calls from applications installed on computers, tablets, mobile phones, etc., of the customer and/or their representatives. In any case of payment imposed on the customer due to such circumstances, the customer will bear the full payment.
4. OmniTelecom will not be liable and will not bear any damages caused to the customer and/or any third party as a result of loss of income, lost profit, loss of information, data leakage, data loss, loss of computer time, and/or any consequential and/or indirect damages and/or damages resulting from force majeure circumstances. Without derogating from the above, OmniTelecom’s liability will be limited to direct damages only in connection with and/or as a result of the service (as defined above) and will be limited to the actual payments made by the customer to OmniTelecom for the provision of the service in the three (3) months preceding the cause of the claim. This limitation of liability will apply to any claim of any kind, whether contractual, tortious, or otherwise.
5. It is clarified for the avoidance of doubt that the limitation of liability under this section above applies to all services provided to the customer under this agreement.

16. OmniTelecom Service

1. The service and support centers of OmniTelecom are available to the customer to provide telephone support services and operate to respond to the customer’s service requests according to the following service times and service levels:
· Telephone support from Sunday to Thursday – from 09:00 to 18:00 (excluding holiday eves, holidays, and rest days “working hours”).
· Response time to start handling a fault will be up to 24 hours from the opening of the service request during working hours.

To contact and open a service request, please call: 03-7222224 or via email at support@omnitelecom.co.il.

2. It is clarified that a service request will only be opened following a report by the customer’s authorized contact person whose details are recorded in the service order. OmniTelecom will not be responsible for handling a service request opened by a person who is not explicitly authorized.
3. It is clarified that faults reported to OmniTelecom that originate from third-party systems are subject to the treatment times of that third party.
4. The customer is aware that in order to provide support, it may be necessary for an OmniTelecom representative to visit the customer’s site and/or perform remote control, all at OmniTelecom’s professional discretion. For this purpose, the customer will allow OmniTelecom and its representatives remote access, including to the customer’s computing system, and/or allow an OmniTelecom representative to enter the customer’s premises to provide support services. The customer is aware that in the absence of the aforementioned access, OmniTelecom may find it difficult or may not be able to provide support services to the customer.
5. Notwithstanding the above, the service times and levels for IT services [if purchased by the customer] will be as specified in the quotation.

17. User Interface

1. The company provides its service customers with an online user interface subject to additional payment.
2. The customer declares and confirms that they are aware that the use of the user interface will be at their own risk. The customer hereby acknowledges that they are aware that the use of an interface that does not comply with the explicit instructions provided to them may disrupt services, cause deletion and/or loss of data, cancel the arrival of calls to their destinations, or prevent them from making calls and/or cause another issue/malfunction in their telephony system. The customer understands and confirms that access to the interface will allow access to their call data, listening to recordings, and more, and therefore they must keep their username and password completely confidential and take standard information security measures in accordance with the law.
3. The customer confirms that they are aware that OmniTelecom cannot guarantee the restoration of information and/or data and/or recordings and/or call transcripts that were deleted and/or removed by them through the user interface and therefore must act with caution.
4. The other provisions of this agreement, including the limitation of liability applicable to OmniTelecom, will apply mutatis mutandis and with the necessary changes to the user interface service.

18. Intellectual Property

1. All intellectual property rights and any other proprietary rights (if any) related to the service, including trademarks, graphic design, logos, software applications (apps), are owned by OmniTelecom or its suppliers and are protected by copyright and/or other intellectual property rights in accordance with the provisions of any law. This agreement does not grant the customer any right in the service and/or any of its components, except for the right to use the service in accordance with and subject to the provisions of the agreement and for the duration of the agreement only.
2. If, within the framework of the service, a product and/or service originating from a third party is provided to the customer, the use of the product and/or service by the customer will be subject to the terms of the third-party license.

19. Miscellaneous

1. The cancellation or determination of the invalidity of any term in this service order or part thereof will apply only to that term or that part, as applicable, and will not in itself affect the binding validity of the service order or any other term in it.
2. The customer is aware that the telephone numbers provided by OmniTelecom for the purpose of providing the service are numbers allocated to it by other communication operators. The use of these numbers will be made solely during the agreement period and for the purpose of providing the service, and the customer will not have any rights of any kind in connection with the numbers during the agreement period and/or after it, unless otherwise approved in advance and in writing by OmniTelecom.
3. If the customer chooses to purchase OmniTelecom’s “Black List” service, which allows the customer to request the blocking of a list of phone numbers defined by the customer (as amended from time to time at the customer’s request), the company will implement the blocking so that it applies to all phone numbers provided for the customer’s use, but it cannot commit that in every case and situation it will be impossible to contact the blocked numbers from any phone number allocated for the customer’s use. The customer will also be responsible for updating the blocked numbers list from time to time according to their needs and for informing all those using the service on their behalf about the existence of the blocking, and the customer will have no claim or demand against OmniTelecom in this matter.
4. The customer undertakes not to carry out and not to allow others to carry out actions that constitute fraud and/or unfair use and/or abuse and/or use contrary to the provisions of any law.
5. The service is intended solely for the customer’s use. The customer is not entitled to transfer and/or assign their obligations and/or rights under this agreement to any third party without prior written approval from OmniTelecom. The customer also undertakes not to allow others to use the service for consideration (re-sell) or without consideration, directly or indirectly, unless prior written approval from OmniTelecom has been obtained and under conditions determined.
6. The computer record of OmniTelecom and/or its suppliers will serve as prima facie evidence of the truth of its content, including but not limited to the customer’s use of the services, the extent of the use, the existence of a call made by the customer, the realization of the call initiation to the call destination, the date of the call, the start time of the call, and the end time of the call.
7. 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 the need for the customer’s consent, and also to transfer to a third party the means of payment provided by the customer, including as part of a transaction for the sale of OmniTelecom’s operations and/or its merger. For the avoidance of doubt, it is clarified that in such a transfer, the customer agrees that all details and information, including regarding the means of payment in OmniTelecom’s possession in connection with the provision of the service to the customer, will be provided to another party.
8. The customer will not be entitled to offset and/or reduce any amount from the payments they are obligated to make under this agreement.
9. OmniTelecom will be entitled to add and/or change the terms of service use by providing written notice to the customer 30 days in advance. The change will be considered an inseparable part of the agreement between the parties. It is clarified that the customer will be entitled, in such a case, to notify their desire to terminate the engagement in accordance with the provisions of Section 1 above. The customer’s use of the services after the notice of change in the terms of use will constitute the customer’s agreement to the change in the terms of use by OmniTelecom.
10. The customer declares and confirms that the engagement between them and OmniTelecom in this agreement is an engagement mainly for the customer’s business use and/or for those on their behalf, and therefore the customer does not fall under the definition of “consumer” in the Consumer Protection Law. Therefore, the customer declares and confirms that the Consumer Protection Law and the regulations issued under it do not apply to the agreement and/or the engagement between the customer and OmniTelecom.
11. This agreement will be governed by the laws of the State of Israel. The courts in Tel Aviv will have exclusive jurisdiction over any matter related to this agreement, its execution, interpretation, and/or any other matter related to this agreement.