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TERMS AND CONDITIONS
Nimtsa Web Development Ltd. Ltd. (hereinafter: “the company”) is a company engaged in, among other things, various web services including website building, website promotion and related services “(hereinafter:”the Services”).
These terms shall be fully applicable to the Parties except for any other matter otherwise agreed and in writing approved by the Parties.
The term “customer” under these terms of service is the recipient of the service from the company which has accepted these terms.
The telephone call and/or frontal meeting held with the customer regarding the terms with the company and/or the approval of these terms constitute the customer’s agreement to these terms. Any payment made by the customer constitutes the additional confirmation of the transaction and the contracting between the parties.
The service period provided by the company to the customer are unlimited in number of months and starts from the date of approval of these terms and payment of first installment. The customer can terminate the company service upon written request by the customer. See section 6.
The customer’s fees or subscription fee amount agreed as per official quote provided to the customer, will continue to be charged for each month for all updates and maintenance measures the company has with third parties, including domain name, and/or support, and/or backup, and/or storage, and will automatically renew unless written request by the customer. Cancellation will take effect at the end of the subsequent month following the request and be paid in full at the time of the request.
The amounts denominated in this section will be linked to the CPI (consumer price index) when the base index is the index known on the day of approval of the terms of the contract. The new index will be the known index on the debit date, in any case the amounts specified in this section will not be reduced.
In case the customer does not request to have his subscription cancelled, as mentioned above, it is understood that the customer wishes to continue the contract according to these terms and regulations.
If the customer wishes to purchase the website source files, they will have an additional cost following a proper request to do so. Payment in full will be done through bank transfer provided that the company. Following the payment the transfer the source files to the customer will be done within three business days.
A contract cannot be canceled after the customer has approved it, except in accordance with the approval of the company in writing or in accordance with the law as applicable, and to the extent that any cancellation by the customer, contrary to the provisions of this document is required, the full contractual relationship between the parties will be required.
The customer is aware that in any case there will be no refund for the order he made due to the company’s commitment to third parties and the agreement cannot be canceled at any stage.
The customer declares that he is a business owner in Israel and he is aware that the Consumer Protection Act does not apply to him as a business customer.
The customer will pay the company for its services fully and accurately throughout the contract period.
The payments that the parties have agreed to include VAT, according to the known VAT rate on the closing day, and if there is a change in the VAT rate so that its value increases, the value of VAT will be transferred to the company within 3 business days before the repayment of any check paid to the company. To the extent that the customer make a bank transfer, a transfer amount plus the updated VAT value will be paid for the day of recovery and to the extent that you make a debit card transactions (credit), the company is hereby given irrevocable authorization to require any body and/or the credit company to demand the VAT update and without subtracting a caller’s obligation to notify the credit company for making the change.
Payment by debit card (credit) means an irrevocable authorization for the company to make a monthly renewal to collect all funds to which it is entitled in accordance with the parties’ agreements, including the credit card debit mentioned above for the period of the contract.
Payment will only count the amount actually paid to the company. (In a debit card transaction after receiving the payment in the company account and check only after the actual repayment and by bank transfer after receiving the payment in the company account).
In no event will the customer be terminated and/or delayed and/or canceled and in such case the company may deem it a fundamental breach of the terms of the contract which will entitle it to cease providing the services immediately, including refraining from payment and repaying the full payment due, including company expenses.
The company may collect the payments to which it is entitled, including through another and/or other means.
It is agreed that the site and/or business page on the social networks and/or article in the various media and/or landing page built by the company will be owned by the company until the actual payment is paid.
It is agreed that the company may download the above from the network in case of non-payment of advance notice and does not undertake to reply and/or store and/or store information and will not be heard against the company any claim in this matter, yes in case of non-payment the company will be entitled to full original payment of the transaction Immediately without any advance notice required.
It is hereby acknowledged that the customer with the company is authorized and licensed to do so and in any event is an independent guarantee of the customer’s full obligations.
As far as any payment is due, and no date has been set, the company is entitled to receive payment within 14 days of eligibility.
The company may terminate the Service immediately in the event that the full consideration is not paid in accordance with the consent of the Parties and/or there is a concern for use that violates these Terms and Conditions and/or any of the Inks without derogating from the customer’s obligation to pay its full obligations.
The provision of the service by the company is contingent upon the fulfillment of the customer’s full obligations.
In light of the nature of the engagement, the company does not guarantee to bring/cause to the customer a specific result of exposure to the Internet and/or a certain amount of access to the Website and/or sales and/or revenue.
The company is not responsible for the volume of sales or revenues or profits of the Service Provider and will have no claims whatsoever.
The customer shall be solely responsible for the content contained on the various social media sites and/or networks and/or the content that is published on the various media including articles, content, reliability, specific or general legal provisions, ethics, professional responsibility, accuracy, reliability, goodness of the site and their impact on the site. The computers and visitors on the site as well as any direct or indirect damage caused by any third party to the use of the above content including infringement of intellectual property and/or copyright of any third party.
The customer shall be solely responsible for all commercial relationships which it will establish with customers and following the use of the Website and/or the various social networks and/or media.
The customer is bound by these terms to cooperate with the company’s requirements and requests for executing the order. In the event of lack of cooperation, as stated above, the company may see this as a fundamental breach of the terms of the contract which will enable it to act in accordance with the provisions of these Terms and/or in accordance with the sole discretion. In any event, non-cooperation will not result in any offsetting and/or refund options.
Only one contact will be defined on behalf of the customer who will be confident of the ongoing communication and conduct between the parties.
The customer only bears the costs for purchasing images and/or graphic elements related to the design of the website and these are paid by the customer in advance and/or according to the company’s requirement.
The customer warrants that it will not use in any way and/or manner the company’s website to infringe third party rights and/or to violate the law.
The customer will fully follow the company’s guidelines and will provide the company with any information required by the company for the provision of the Services, for the purpose of appointing one Contact on its behalf to prevent any misunderstandings.
The schedules are subject to collaboration with the customer for the supply of all the products and services, an initial version of the site will be completed within 15 business days of receipt of the entire content by the customer.
Any touch up required to the final website (before final approval) will be done within 7 business days.
Uploading time “live” Website (is up to 15 business days from the final approval of the customer providing the information form sent to the company, as well as the transfer of the entire contents, pictures (by the later date of receipt of the material and/or approval and/or pictures).
The company will take within 3 additional business days for site upload to main server.
It should be emphasized that after final approval for design no changes can be made at the graphic and design level and in any case any change in the company’s and company’s discretion is not obligated to make a change to final approval. The customer has the opportunity to make such and other graphical changes at a surcharge.
All knowledge, materials, software, business information, graphics, financial data, documents, intellectual property, patents, practices, trademarks, etc.) are as follows: As part of and for the purpose of contracting with the company only, the transfer of information to any third party and/or copying and/or distributing and/or tampering with and/or using it in any way without the prior written approval of the company is prohibited.
Ownership, full copyright and intellectual property of the system and the site, including the software, source code, domain URL, software graphics, video and sound recordings, website design and text and any other elements of the site and system, except the material content permitted by the customer such as: , Photos, music, video, etc. And subject to any law, the company and the customer shall not own any proprietary and/or copyright and/or other rights which are not expressly granted to them by these Terms of Contract. The trademarks on the Website entered by the company are the property of the company only, and to the extent published by any other advertisers are the company’s property only and no use whatsoever to the above.
When relevant, the customer confirms that the advertising campaign is linked to a number – this number is a virtual number and is part of the content service operated by the Israeli Center for Business Networking and directing the caller to the business. A user who uses this number agrees and authorizes the company to keep the telephone number from which it has been called to include it in databases or to create and connect with the user as well as this number may change from time to time. The number is owned by the company alone.
The customer will be solely responsible for any information of any kind that has been received by the company and/or provided / displayed on customer’s website and/or information provided to the company including content and/or images and/or audio and/or credit card information and/or bank information and/or video including copyright infringement and/or privacy and/or intellectual property infringement and/or any other harm and/or damage as you make a claim in the matter and/or file a lawsuit against the company of any kind whatsoever and the customer is solely responsible for the matter This and all costs incurred by the company shall be borne by the customer immediately upon demand by the company, including attorney’s fees and expenses.
The company may intentionally cause the Website to be disconnected from the Internet Network in accordance with its needs and in accordance with its professional judgment and as a result of complying with and/or failing to comply with this Agreement.
The company may manage the Site for the benefit of the customer at its professional discretion.
The customer is aware that there may be instances where the Web site may for any reason “fall” off the Internet and the customer will not make any claim to the company in such a case, provided the company has reasonably acted upon its return to activity once it has learned of its downfall. It is also known to the customer that from time to time the company will update the servers and security systems.
The customer has complete control and responsibility for the site, its contents and any action taken therein. If the customer has caused a defect in full and/or in part on the site, this will be the full responsibility of the customer and he will not be able to make any claim regarding the company. If a backup is restored to repair the damage, this will not incur an additional charge. If the damage is not repaired through restoration – things will have additional costs respectively.
The company is not responsible for the storage or the website if the customer did not pay the company for the storage and the domain, the customer is aware that the company purchases the storage and the domain from third parties and if there is any discrepancy and/or malfunction and/or any claim in this regard it will not be directed towards the company but towards a third party only including cases where the domain and/or storage is owned by third parties and various companies that were holding the site for the customer in the past.
The customer agrees not to upload any material of any kind to the server that could damage computer and data systems, disrupt computer and data operations, spyware site, monitor server operations, upload viruses, computer worms, flooding software, preventive/denial services software, graphic file encryption software and others, and to avoid any hacking, reverse engineering, change of address windows information, indexing of any indexes and parameters, and so on.
Any material and/or related material to the site and/or the online store and/or the various social networks and/or media, including written advertisements which are in violation of the law including pornographic, racist, defamatory, criminal offenses and the like, and which may expose the company to civil and/or criminal claims will be the sole responsibility of the customer and it undertakes to refrain from raising such claims (through it and/or through the company) and the customer undertakes to indemnify the company for any claims filed against it, including expenses and attorney fees.
The company has the right to add website links and the company logo in the customer website, and the customer agrees that they cannot be removed at any stage even prior purchase of source files. The customer hereby authorizes the company to publish by any means the work which it has created for the customer.
The publication of an actual article will only be approved and subject to the website administrator, if the site administrator does not approve the publication of the article to the customer there will be no claim and/or demand in the matter, the customer is known to be subject to the regulations and procedures of the third parties.
In the event that the customer orders advertising in one of the various media responsible for its publication subject to its written approval, the customer shall be solely liable for errors and/or errors and/or images and/or publications and/or videos and/or links and so forth and shall not be able to make any claim on the subject.
The customer will be able to share the article and use it freely, including sharing on the site, social media, etc.
The site administrator may download the article without any prior notice if it is used exceptionally and/or it deviates from the norms and policies of the publisher site.
The customer has read and reviewed the article from the moment of final approval of the article and its publication in the various media, the customer will not be able to make any changes including captions and/or picture and/or video and/or link etc.
The customer will be solely responsible for any information of any kind that has been transmitted and/or transmitted to the company and/or delivered and/or presented in an article published for the benefit of the customer and/or information transmitted to the company including content and/or images and/or audio and/or private information Credit card and/or bank and/or video information including copyright infringement and/or privacy and/or intellectual property infringement and/or borderline violation as well as any other harm and/or damage as you make a claim,including obligations and/or promises and/or publications and/or promotions and/or a claim will be filed against the company of any kind whatsoever and the customer shall be solely responsible for this matter and any costs incurred by the company shall be on the customer and payable immediately upon The company’s requirement, including attorney’s fees and expenses.
The company is not responsible for promoting the article in an organic and/or sponsored manner and/or for its placement in the search results and no claim will be made.
This transaction cannot be canceled at any time, as the customer is fully aware that the company has commitments to third parties.
The customer is known to have a “credit” obligation to the company and/or reporter and/or photographer and/or photo repositories and that it is not possible to change the wording and/or visibility of the article page.
The customer is aware that when the transaction is closed, the system automatically orders the services, which cannot be canceled.
If the customer has contracted with the company for social media activity he must appoint the company manager on the page in order to allow access, canceling the subscription at any stage will cause a fundamental breach of the customer’s agreement and will not receive a refund.
The term of the contract between the parties, including the Facebook contract if any, shall commence from the date of approval of this agreement.
The customer is known to have contracted with third parties (social networks including Facebook, Twitter, Instagram, Google, etc.) which change from time to time and that approval for advertising and/or promotion is subject to their final approval, including in the case of post reporting and removal by third parties and that would not count as a breach of the agreement.
The customer must provide all materials and / or data and / or images and / or videos and / or any professional material to the company. The customer shall be solely responsible for the contents and publicity of the various social networks and / or the contents of the various media including articles, content, and reliability, specific and general legal provisions, ethics, professional responsibility, accuracy, reliability, and the nature of the products which will be published and affected. Or indirectly causing any third party to use the above content including infringement of any intellectual property rights and / or copyright of any third party and / or infringement likewise the customer undertakes not to upload any material which is in violation of the law including pornographic, racist, origin Defamation, criminal offenses and the like are encouraged The company to civil and / or criminal responsibility of the customer will be provided and is also required to refrain from raising any) through and / or by the company (and the customer undertakes to indemnify the company for any claim filed against including expenses and attorney’s fees.
Within ten (10) business days of the content being fully transmitted, the company will send the intended publications for customer’s approval.
The company undertakes to make any changes within five (5) business days.
If the customer does not confirm the data which the company sent for approval and as a result a delay is created this will not be considered a violation and will not be deducted from the contract period.
It is known to the customer that in the event of a change in the timing of publications on social media it will be solely his responsibility.
If relevant, a request to change the target audience defined at the beginning of the process will be made at the end of each period.
The customer knows and agrees that the management fees per month will not be reduced outside the agreed price for services at time of the quote.
The customer is aware that the logo of the company will appear in every post.
If the customer wishes to make a change to the business page name, the company will submit the request and the change will be made subject to the instructions and regulations of the third parties.
The customer is aware that, if necessary, the purchase of images and / or audio and / or video files and / or any other material will be the responsibility of the customer and the accounts only.
The customer is aware that when the account is established and the order is placed, the system automatically start services that cannot be canceled.
If a dedicated landing page for a project is built, the page will be owned by the company and will be built on a secondary domain that will not be changeable and will not be owned by the customer.
Online clearing sites are responsible for providing the company with the login details and the login itself is the customer’s responsibility. Including clearing extensions and terminal number at the credit company.
The customer agrees to comply with the provisions of any law regarding the sale of products.
The company is not responsible for customer internal systems and/or interfacing with them, including database, inventory and so on.
All mentions in the male language in this agreement shall also pretend to the female language, all according to the context of the matters.
Any change or amendment to these Terms of Contract shall not be valid unless it has been made in writing and signed by the authorized signatory on behalf of the company and the customer.
The parties undertake not to in any way impair their mutual reputation and customer base.
The Parties agree to the Terms of Services that there will be no validity to, oral consent, representations, conduct and negotiations that preceded this agreement with the exception of a work order form which is supplementary to this agreement.
The company alone shall be entitled to enter into this Agreement, and all rights and obligations arising therefrom, to any party and / or other body and this contract shall bind any party and / or body to which it is assigned.
The company will not be responsible for communication systems on behalf of the customer or those who are sufficient, and no obligation on the part of the company to the correctness of the computer systems or the integrity of the systems by the various suppliers of the customer.
The customer undertakes to indemnify and fully indemnify the company for any damage, loss, claim, loss of profit, payment and / or expense incurred by the company including attorney’s fees and legal expenses in connection with the claim and / or any claim arising from the performance of this Agreement.
The company’s records regarding customer billing will constitute a conclusive view of the veracity of their contents.
The company may temporarily discontinue the provision of the service in accordance with its needs for the purpose of its operation and regularity.
The company may use its existing data (without compromising and / or disclosing the customer’s identity) for its purposes including commercial purposes.
The parties mutually undertake not to transmit and / or disclose and / or make use of any information and / or knowledge obtained under this Agreement, and to maintain complete confidentiality with respect to this Agreement directly and / or indirectly in their property, business, customers, and people and / or the bodies associated with them.
The company will email invoices to the customer.
To the extent that the company has an obligation to carry out an action and / or undertaking that is prevented from performing due to force majeure and / or strike and / or downtime and / or weather conditions and / or natural and / or war and / or non-controlling factors, the company’s obligation will be rejected. During downtime and on two more business days after the end of prevention.
Only the company holds the right to impose and/or set a delay.
In no event shall the company be sued by the customer and / or anyone on his behalf more than 1.5 times the monthly payment paid to the company.
The customer is aware that in accordance with the law the website is accessible to the disabled, visually impaired and color-blind.
The customer acknowledges receipt of media material without the word advertisement that differs from the company and / or its affiliates and / or affiliates and shall have no claim whatsoever.
The customer is aware that this Agreement may change from time to time in accordance with third parties to which the company is subject.
If the customer agrees to perform an operation and is in breach of the Agreement for any reason, the company will be able to put the full amount of the transaction to maturity immediately.
The customer declares that it is aware of copyright law and that it undertakes to comply with it.
The unique and exclusive local authority for any matter or dispute relating to or arising out of the contract between the parties shall be limited to the competent courts of the City of Jerusalem, Israel including small claims. It is agreed between the parties that, should the customer sue the company elsewhere, the customer will reimburse the company according to the company lawyer’s established fees.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Nimtsa Web Development Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Nimtsa Web Development Ltd does not warrant that:
this website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matters you should consult an appropriate professional.
Limitations Of Liability
Nimtsa Web Development Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Nimtsa Web Development Ltd has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Nimtsa Web Development Ltd liability in respect of any:
death or personal injury caused by Nimtsa Web Development Ltd’s negligence;
fraud or fraudulent misrepresentation on the part of Nimtsa Web Development Ltd; or
matter which it would be illegal or unlawful for employees of Nimtsa Web Development Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, Nimtsa Web Development Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Nimtsa Web Development Ltd officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Nimtsa Web Development Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Nimtsa Web Development Ltd.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Personal Data – General Data Protection Regulation
GDPR (In effect May 2018)
REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation)
https://eur-lex.europa.eu/eli/reg/2016/679/oj
While we may provide you with assistance to help ensure you are compliant, it is your responsibility to ensure that your site is compliant with GDPR.
As a website host, we may store confidential client data for you on our website. While we will do our best to ensure that the website is secure and follows best practices, we accept no liability for data loss or security breaches. It is up to you to ensure that your site complies with GDPR.
Since we may be storing your clients’ personal data on our servers, we are viewed as a data processor under the GDPR. For any personal data stored in your cpanel account, you should be able to directly manage, amend and remove this yourself. If you need help or advice accessing this data however, please contact us and we may be able to help you.
In addition to the data stored within your cpanel account, we also record data access to websites, such as IP address, access time, and URL requested. This is primarily to prevent hacking attempts and server misuse, and to troubleshoot any problems that might occur with our services. This data is generally anonymous, however it may occasionally contain personally identifiable information.
Should there be an issue with your website, we may have to access your clients data to identify and resolve the problem. This might involve processing your clients data. We will not use the data other than to provide you with the service you need.
Data Access Requests And Deletion
Should you receive a data access request or a data deletion request, please inform us of the data requested or to be deleted. If you wish us to collate data you have access to, we may charge for this service, however if you request data from us as a data processor, we will provide it for free if possible.
Please note that we perform regular backups of the server that might contact personal data. These backups are primarily for restoration of the server in the case of a catastrophic server failure. It is not practical for use to individually delete personal data from these backups, since they are images of the entire server.
We believe that legitimate business interest is a reasonable grounds on which to process this data, however we also recommend that you keep a record of data removal requests so that you can correctly remove the data from the backup before performing any other processing should they ever be used.