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General Terms

Terms of Engagement:

Prices do not include VAT
The Term of Engagement is on a monthly basis.
At the end of each month, the call will be renewed automatically, unless a notification has been received in advance in writing within a period of 14 days before the end of the month to office@fixdigital.co.il
The payment will be made by credit card one every month, including for use in accordance with the measures specified in the agreement between the parties.

Introduction:

The Preamble and General Terms to this Agreement form an integral part of it:
In this Agreement, the terms below shall have the meaning indicated on their side:
The Client — the customer as stated in this Agreement, the “Company”; the ”Supplier” — “Fix Digital Inc.”; User — any person and/or entity that accesses the Platform; the “Services” — the Services provided by the Supplier to the User, as specified in Paragraph 1 above.

General Terms:

A fundamental breach of the Agreement and/or the cancellation of the monthly employment/charge before the end of the term of the Agreement shall entitle the Client to full ownership under this Agreement regardless of the reason or date of the cancellation.
For any deviation in the payment terms, as stipulated in the Agreement, the Client will be charged for exceeding interest as determined from time to time by the Bank of Israel.
It is agreed that the Supplier has the right to raise prices and that the Client undertakes that it will not have any claim in this regard. For the avoidance of doubt, in these circumstances, the Client will be able to terminate the Contract unless the price increase was caused by an exception to the package purchased by the Client.
The Client’s signature on this Agreement constitutes a final confirmation of ordering the aforementioned Services and an irrevocable and unconditional commitment to payment in accordance with what is stated in this Agreement and its terms.
Notwithstanding the provisions of this Agreement, the failure to timely make any payment, in whole or in part, by the Client, constitutes a fundamental breach of this Agreement and the Supplier shall be entitled to immediately discontinue the Services, in whole or part, at the sole discretion of the Supplier, and remove the content without prejudice to the additional remedies available to the Supplier under any law.
The Supplier grants the Client a license to use the Supplier’s Product and/or Service (as specified in the Agreement), solely for the term of the Agreement and only for the purpose for which the Product or Service is intended. The license is exclusive and non-transferable or sublicensable.
All intellectual property rights in Supplier’s Products and Services, including any modification or improvement thereof still belong to the Supplier. If you choose to share with the Supplier any feedback or idea regarding the Supplier’s Services or Products, such feedback or idea shall be considered as part of Supplier’s intellectual property.
The Client undertakes not to copy any part of the Supplier’s Products or Services, nor to use them to develop or assist a third party to develop a competing product; not to attempt to reverse engineer any the Supplier Product or Service, nor to attempt to access the source code of any Supplier Software; and not to circumvent any security mechanism in the Supplier’s Services or Products.
The Client declares and undertakes that it alone is liable for its use of the Company’s Products or Services and for all materials and/or content and/or information uploaded or published by it and/or by parties on its part on the Company’s Products, including design images, fonts, etc. The Client shall be liable for violation of any provision of law (including Consumer Protection Law, Privacy Protection and Sending of Advertising Content) and/or violation of any rights of third parties, including intellectual property rights of any kind and type and/or any material that is defamatory to a person and/or violates its privacy and/or any material whose publication is prohibited by the provisions of any law and/or any material that may be mislead a consumer, as defined in the Consumer Protection Law, 1981, or any other law. The Client undertakes to indemnify and compensate the Supplier and defend the Supplier for any expense, damage, liability, claim, demand, fine, investigation or any proceeding, including legal expenses, that may be incurred to the Supplier or to anyone on its behalf due to: (a) breach of this Agreement, (b) failure to comply with legal requirements, (c) infringement of any third party rights, including intellectual property rights or the right to privacy or the right to advertising, (d) violation of the Consumer Protection Law, including A Call to the Consumer contrary to Amendment 61 of the Law, (e) sending advertising content, or (f) any claim related to the Products or Services of the Client, all immediately upon the Supplier’s request.
Email for troubleshooting and getting answers to issues support@fixdigital.co.il
Any additional training beyond the training hours that will be allocated in the setup process will incur a fee of NIS 200 + VAT per hour.
The Supplier’s Services and Products are offered to the Client “AS IS” and without warranty and/or guarantee of any kind, whether express or implied and/or by virtue of law (to the extent that the applicable law allows it). The Supplier does not guarantee that the Service and Products will always be accessible and uninterrupted or 100% free of defects and faults. In no event shall the Supplier be liable for indirect, consequential, or punitive damages, even if it knew of the possibility of the event for which the damage was caused. In no event shall the Supplier’s aggregate liability exceed the total amounts paid to the Supplier for the Services during the six (6) months preceding the event in respect of which the damage was incurred.
The Parties to this Agreement agree that in any dispute arising between the Parties in respect of this Agreement, all arising therefrom, the Petah Tikva Magistrate’s Court and/or the Tel Aviv District Court, as the case may be, shall have a unique local authority.
After delivery of the System to the Client, no refund will be made for the installation.
By signing this Agreement and its terms, the Client declares that it has carefully read the Agreement on all its parts and terms and understands and agrees to all its provisions and completely and unreservedly waives any claim of non-conformity and/or claim regarding a Standard Contract.
By signing this Agreement and its terms, the Client declares that it has carefully read the Agreement on all its parts and terms and understands and agrees to all its provisions and completely and unreservedly waives any claim of non-conformity and/or claim regarding a Standard Contract.
The addresses of the parties mentioned in this Agreement are the addresses for delivery of any notice and/or document related to this Agreement. Notices can be sent via registered mail or via e-mail only, which will be accompanied by a delivery confirmation for registered mail and a receipt confirmation for e-mail.
The Client may not assign its rights and obligations under this Agreement to a third party. The Supplier may exercise all of its undertakings and rights under this Agreement in connection with a merger, restructuring or sale of all or the most of its assets.
The Supplier may revise and update these Terms at any time with thirty (30) days’ advance notice to the Client. If the Client continues to use the Supplier’s Service or Products, this will be considered as consent to such change/update.
4th. Texting and Email Service – Email/SMS:

“Message” and/or “Message Service” — An SMS and/or VMS message containing a link to a web page and/or an MMS message and/or e-mail) to recipients of an e-mail (sent via the Company’s systems to recipients over a mobile network).
End User and/or End Client” — A person or entity or corporation to whom the Client wishes to send messages.
”Information Page” — A circular detailing the limitations of the Service, which will be updated by the Company from time to time under the General Terms listed on the Company’s website.
The Company will provide the Client with the technological infrastructure that will allow it to send SMS messages to end clients.
It is clarified that the Company’s infrastructure and Services, as well as the quality of Services and its existence, are affected, among other things, by factors and/or suppliers and/or telecommunications operators and/or mobile operators, which are not under the Company’s control, including blockages and/or failures in other networks to which the Company’s network is connected, weather conditions, etc., and therefore the Company is not responsible towards the Client and/or third parties connected with the Client and/or the end users directly and/or indirectly for faults that are not under the control of the Company. In view of the foregoing, the Client hereby irrevocably waives any claim against the Company and/or the mobile companies and/or operators with which the Company has contacted in connection with the malfunction in the provision of said service.
It is clarified that the Company’s infrastructure and Services, as well as the quality of Services and its existence, are affected, among other things, by factors and/or suppliers and/or telecommunications operators and/or mobile operators, which are not under the Company’s control, including blockages and/or failures in other networks to which the Company’s network is connected, weather conditions, etc., and therefore the Company is not responsible towards the Client and/or third parties connected with the Client and/or the end users directly and/or indirectly for faults that are not under the control of the Company. In view of the foregoing, the Client hereby irrevocably waives any claim against the Company and/or the mobile companies and/or operators with which the Company has contacted in connection with the malfunction in the provision of said service.
The Client declares that it has the right to engage in this Appendix and perform all actions specified therein, without the need for the permission of any third party, and that there is no legal and/or contractual and/or other limitation to its engagement in this Appendix and its execution by it.
The Company will allow the Client to provide the Service to end customers who have given explicit, traceable written consent in advance to receive the messages. The responsibility for obtaining the consent of the end customers to receive the Services rests exclusively with the customer. In addition, the Client must ensure that if the configuration of a Textual Sender Field is used in the sending of addressed messages, then the same Textual Sender Field is one that clearly identifies the sender of the message. The Client will avoid adding a Textual Sender Field that could mislead the recipients of the message. The Client is aware that, in accordance with the guidelines of the Ministry of Communications, the addition of such a misleading Textual Sender Field will have legal consequences that will apply exclusively to it. And for the avoidance of doubt, they will not apply to Fix Digital Ltd. in any case. It is clarified and agreed that violation of the provisions of this clause is tantamount to a fundamental breach of this Appendix, and will allow immediate disconnection without any notice and/or prior notice of the Client from the Service at the discretion of the Company and/or the mobile operator, without prejudice to the Company’s rights to sue for any damage caused to it and/or the mobile operator as a result of the violation.
The Client shall be liable for complying with the terms of any law in connection with the performance of the Service which applies at the time of signing this Appendix and/or which will apply in the future, including the Bezeq Communications and Services Law, 1982 below: “The Communications Law” and/or the provisions of the Bezeq Communications and Broadcasting Law, Amendment No. 40, 2008 the “Spam Act”. It is clarified and agreed that it is the Client’s liability to verify and keep abreast of the provisions of the law and regulations from time to time and that the Company will not provide the Client with advice in connection with the aforementioned, legal or otherwise.
The Client shall not infringe any intellectual property rights, including any copyright, in receiving the Services under this Appendix. The Client shall be solely responsible for the content contained in the messages or on each page of the website to which the messages are directed, including arranging and paying for any necessary license.
The Client undertakes to comply with the provisions of all laws, including that any SMS /VMS message sent by the Client shall contain the Client’s name and ways of contacting it for the purpose of providing a message of refusal to receive further messages by the end user. Each MMS, WAP and/or email message shall contain the necessary details in accordance with the law of communication, insofar as the message constitutes an “advertisment”, and among other things it is clarified that the email and/or the WAP page will contain all the details required by law, including whether the message is an advertisement and if the speaker in the email message — in the title of the message, the name of the advertiser, his address and the ways of contacting it, the recipient has the right to send a refusal notice at any time in a simple and reasonable manner.
In addition to and without prejudice to the stated anywhere in this Appendix and/or the Contract, the Client undertakes that the contents of this Appendix, which it will transmit directly or indirectly to end customers, will not include the following contents:
Phonographic material or of a blatantly sexual nature or likely to offend the feelings of the public.
Any material relating to and identifying minors, their personal information or status, and ways of communicating with them
Any computer software, computer code, or application that contains a virus, including malicious software, etc.

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General Terms

Terms of Engagement:

Introduction:

General Terms: