1.1 This agreement, which specifies the terms of the contract between the company and the customer, is the only agreement reached between the parties. The Company will not be bound by any statement or agreement, which is not included in this agreement, unless made by it in writing to the customer, after the commencement of this agreement.

1.2 After reviewing the agreement, the customer will enter a password and username and connect to the Internet. The telephone conversations that take place with the customer as well as the username and password entered by the customer constitute, each, the customer's full consent to all the terms of this agreement. If the customer connected even before receiving the agreement, then his continued connection after receiving the agreement constitutes his full consent to all the terms of this agreement.

1.3 Any change in the Communications Law (Bezeq and Broadcasting), 5742-1982 (hereinafter: “the Law”) or in regulations enacted by virtue of it, or in the license, insofar as they exist, in the Company's opinion, in order to affect the terms of the contract, shall be considered an agreed change.

Definitions

2.1 “The Company” – 099 Primo Communications Ltd. H.P. 512764788.

2.2 “Customer / Customer / Subscriber” – a person who has contracted with the Company for the purpose of receiving services under this agreement, in accordance with the contract package, which forms an integral part of this agreement.

2.3 “Contract package” – the service delivery route, which is selected by the customer.

The essence of the service

3.1 The Company will provide Internet communication services, including support services for the service plan selected by the subscriber in accordance with this agreement.

3.2 The provision of the service is subject to the fulfillment of all the subscriber's obligations under this agreement.

3.3 Subject to the provisions of any law, the Company may change the terms of the services and / or the engagement packages at its sole discretion.

3.4 The subscriber agrees and is aware that the company will be entitled to keep copies of e-mails, in order to maintain the integrity and / or quality of the system and services and to ensure its activity and the activity of its users; This is for the period required to perform the said actions.

3.5 The Company may, in its sole discretion, limit or suspend the amount of e-mails sent by the Customer, as part of the Services.

Rates

4.1 For the Services the Subscriber shall pay to the Company the payments specified in the Accounts which the Company shall submit to the Subscriber from time to time. The amount of the payments will be calculated in accordance with the rates of the engagement package to which the subscription is registered and / or the rates published in the company's price list as will be updated by the company from time to time if the engagement period has ended.

4.2 Subject to any law, the Company reserves the right to change the rates for the Services at its sole discretion.

4.3 For the avoidance of doubt, it is clarified that the monthly subscription fee does not include monthly payments to the infrastructure company, except for cooperative packages in which the company will also be paid for the services of the infrastructure company,

Without any liability being imposed on the company for the services of the infrastructure company.

4.4 Billing will be made from the date of registration for the service.

4.5 The subscriber will be entitled to switch between the engagement packages offered by the company at that time by notifying the company and subject to the company's approval.

The change will take effect immediately upon the Company's approval, provided that there is no obligation on the part of the subscriber for a minimum commitment period within the framework of the customer's valid commitment package or debt to the company.

Such a change may involve payment and / or a change in the terms of the contract.

4.6 It is clarified that customers who purchase Internet services for the purpose of trading in services (dealers), will not enjoy promotions that apply to the Company's subscribers.

4.7 It is clarified that in contract packages that include browsing at a fixed monthly price, the subscriber will be charged the fixed fee whether or not actual browsing has taken place.

Making the payments

5.1 The subscriber will pay the company a consideration for the services provided to him by the company.

5.2 The Company's records regarding the consumption of the services by the subscriber and / or regarding the details of the contract package will constitute conclusive evidence regarding payments for the services, and the subscriber undertakes to pay any bill, which according to the company's records refers to the services consumed by the subscriber.

5.3 The Company shall debit the bank account whose details are specified in the standing order signed on the subscription and transferred to the Company or the credit card whose details were provided to the Company by the subscriber, as the case may be, not before the due date specified in the account. The subscriber shall notify the Company immediately of any change in the details of the means of payment by which it is charged by the Company.

5.4 If the subscriber chooses to pay by credit card, he will notify the company immediately of any theft and / or loss and / or misuse of the credit card through which he is charged.

5.5 The subscriber may change the means of payment chosen by him in accordance with the Company's procedures, by telephone and / or in writing to the Company and signing the required form, as the case may be, but clarifies that such change may involve a change in rates.

5.6 The Subscriber hereby acknowledges that the Company may charge the fees for the services provided to it through another on its behalf.

Late payment

6.1 Without prejudice to any other remedy given to the Company, any payment that is not received on the due date in the account will bear arrears interest, linkage differences and collection expenses from the date on which it was supposed to be paid until the actual payment date.

Clarification of accounts

7.1 The subscriber may contact the Company's offices, by telephone, during working days and hours, for inquiries or complaints in connection with the accounts. To allow telephone inquiries while protecting the confidentiality of the services and invoices, account inquiries and account details will be provided only after the caller identifies themselves using their telephone number and the personal identifying details supplied when registering, in accordance with the Company's procedures.

7.2 The subscriber may dispute an invoice within one month of receiving it. After one month, the invoice may no longer be disputed.

Technical support, customer service

8.1 The Company will provide technical support services to the customer in matters of connection and browsing the Internet. The technical support services will only be provided when the fault occurs in the service provided by the company and / or under its responsibility.

8.2 The Company will operate a customer service center for handling non-technical inquiries (charges, change of details, request to replace a contract package).

Privacy protection

9.1 Without derogating from the provisions of the Wiretapping Law, 5739-1979, the Privacy Protection Law, 5741-1981, or any other law regarding the protection of a person's privacy, the company may perform computerized monitoring of the customer's and / or the system's activities and disclose any Information, in order to control / maintain the integrity and / or quality of the system and / or the service and to protect its activities and the activities of its users and to monitor compliance with any law.

9.2 The Company, its employees, agents and employees on its behalf will not disclose lists and documents in which the name and address of the subscriber or any other information relating to him, including account details, are recorded.

9.3 Notwithstanding the provisions of this section, the Company may do the following:

1) provide the subscriber's details to a third party for the purpose of collecting funds due to the company for the services and in accordance with the terms of the contract, provided that the information transferred is necessary for collecting funds and preparing accounts, and the third party to whom the information was transferred undertook to maintain the subscriber's privacy.

2) transfer the details of the subscription to another for the purpose of complying with provisions under the authority in law;

3) Transfer to the subscriber or an authorized person on his behalf, at his request, lists, documents and information as stated in this section above that pertain to the subscriber only.

4) The subscriber agrees that the Company may include the subscriber's name, IP address, email address, domain name, telephone number and address in directories, unless the customer informs the Company otherwise in writing within 14 days of the later of providing the required details and receiving the username and internet password.

5) Please note that the details appearing in our system will be used for the purpose of sending information, updates and marketing proposals regarding the company's communication services.

Termination of service initiated by the company

The Company may terminate the services provided to a subscriber for a complete or temporary cessation, or limit them, by giving notice to the subscriber in advance, as far as possible and / or obligated in the circumstances of the matter, and in the event of one of the following:

10.1 The subscriber has not paid, on time, a payment that he owes for the services he received from the company in accordance with what is stated in the terms of the contract;

10.2 the subscriber violated a material condition in the terms of the engagement;

10.3 if the Company has seen that there is a reasonable suspicion of unlawful use or in fact fraud through the Services, ancillary Services, or the equipment associated with the Services, including through the Customer's end equipment, as the case may be;

10.4 If the Company has seen that there is a reasonable fear that the Subscriber will not meet the payments for the Services since the Subscriber has died, or ceases to exist if the Subscriber is a Company;

10.5 The subscriber was declared bankrupt or appointed trustee in bankruptcy, temporary or permanent receiver, temporary or permanent liquidator as the case may be, or an application was submitted to the court in this regard, and was not removed within 30 days of its submission, and no guarantee was given on his behalf. Covering the debts and payments that the subscriber owes to the company until the end of the bankruptcy or liquidation proceedings as the case may be;

10.6 This is required for the operation, maintenance or expansion of the Company's Internet system;

10.7 The Minister of Communications has revoked, restricted, suspended the special license for the provision of Internet services of the company or changed its terms, or this is required for reasons of national security, or in times of national emergency.

10.8 The company chose this for technological reasons and for reasons of economic viability.

10.9 The Company has seen that the service which has the potential to cause harm to the public or part of it or to the Company has been misused.

Payments despite service disconnection

11.1 There is no disconnection, cessation or restriction of services as aforesaid to detract from the subscriber's obligation to pay the company its debt in accordance with the contract, including payment of arrears interest and collection expenses, if required.

Limitation of Company Liability

12.1 The Company will provide the Services subject to the license in its possession, the capacity on the Internet and the connectivity available to it. It is hereby clarified that the above services are by their nature subject to interruptions and / or interruptions and that the company does not undertake to provide the services continuously and without interruptions. Notwithstanding the foregoing, the Company will do everything in its power to prevent disruptions to the services provided by it and which are under its full responsibility.

12.2 The Services are provided on an “As Is” basis and without any representation whatsoever in relation to their suitability for a particular use.

12.3 The subscriber is aware that the Internet and the information transmitted on it are not under the control of the Company and the Company does not give any representation, express or implied, in relation to the Internet or in relation to any goods, information, products or services provided through it.

12.4 Subject to the immunities granted to the Company by the Minister of Communications, and subject to the provisions of this section, the Company, its employees and all those acting on its behalf shall not be liable for damages except –

12.4.1 for direct damage caused due to the limitation or termination of the services;

12.4.2 For damage resulting from intentional action or gross negligence on the part of the company, its employees or those on its behalf.

12.5 In addition, the Company, its employees and those on its behalf, shall not be liable for any damage caused –

12.5.1 Due to the non-provision of the services and related services, their suspension, limitation or cessation, resulting from a deliberate action of the Company to the extent necessary for the performance of Bezeq operations as defined by law, or the provision of the services;

12.5.2 Due to an error in the provision of the services, an error in the Bezeq message or omission thereof, failure to deliver a Bezeq message or delay in delivering it, delivery of a telecommunications message to an incorrect address, unless this was caused by gross negligence on the part of the company, its employees or anyone acting on its behalf.

12.6 In addition to the above, it is clarified that the company will not bear any responsibility for any consequential or indirect damage (such as loss of profit, loss, damage to reputation, etc.), and that the company will not bear any responsibility for any damage caused by factors or causes beyond the company's control. , Including fire, war, natural disasters (including earthquakes), sabotage or any accidental damage resulting from circumstances beyond the control of the Company or the Company is unable to prevent, temporary cessation of services, restriction, or other disconnection due to government regulations or orders, And due to the actions or omissions of other communication licensees, including damage or malfunction originating from the local telecommunications network, public Internet, international access services, equipment, customer systems and its application environment, all subject to the fact that despite reasonable efforts the company can not withstand In its obligations;

12.7 It is hereby clarified that the information, data and anything else that is transmitted on the network is not secured by the company. The company will not be responsible for its security and will not bear any damage and / or liability caused as a result.

12.8 The subscriber shall be solely responsible for the security, backup and protection of the information contained in the systems and / or equipment in his possession. The company will not bear any responsibility and / or damage and / or loss, which will be caused due to lack of security, including intrusion by unauthorized parties and / or the collapse of the systems.

12.9 The Company shall not be liable or liable for any damage or liability in respect of any infringement of any intellectual property rights and / or defamation.

12.10 It is hereby clarified that the Company's sole liability, if applicable, will be limited to direct damage only and in any case will not exceed the amount actually paid by the Subscriber to the Company for services provided by the Company in the three months prior to the event occurring.

Indemnification

13.1 The provisions of this agreement do not detract from any right of the company under any agreement and / or under any law and does not detract from the company's right to be reimbursed from the subscriber for any damage and / or loss and / or expense caused to it as a result of the subscriber's actions and / or omissions. . The subscriber undertakes to indemnify the company immediately for any expense and / or damage caused to it as a result of a breach of the subscriber's obligations / liability either under this agreement or under the law.

Non-enforcement does not infringe on rights

14.1 The Company has refrained from enforcing its rights under the Agreement, does not constitute a waiver of such rights or the Company's right to sue for breach of its rights (including their enforcement), and it will not prevent the Company from enforcing its rights at a later date, or for any other breach of the Terms.

Subscriber commitment

15.1 The Subscriber undertakes to bear all payments on time, as specified in this Agreement.

15.2 The Subscriber shall use the Services in accordance with all laws and subject to the Company's instructions. The subscriber undertakes to refrain from making unlawful use of the services provided to him by the company, the ancillary services or equipment related to the services, as the case may be.

15.3 The services provided under this agreement are provided to the subscriber only, and in any case the subscriber will be liable to the company in accordance with the provisions of this agreement. The subscriber undertakes not to transfer and / or allow the use of another, for a fee and / or not for a fee, but under his responsibility and supervision.

15.4 The Subscriber undertakes to indemnify the Company immediately upon receipt of a request to do so, in respect of any damage and / or loss and / or expense, caused to it and / or any third party as a result of the Subscriber's use of the Services.

15.5 The subscriber undertakes that he will not provide communication services using the company's services, whether licensed or unlicensed, whether paid or unpaid.

15.6 The subscriber undertakes not to use the company's services for the purpose of performing prohibited actions in accordance with any law and / or practice. It is hereby clarified that due to the performance of these actions he will be subject to exclusive and full responsibility. The subscriber undertakes to indemnify the company immediately upon receipt of a first demand for any damage and / or claim and / or demand towards the company in respect of the performance of the prohibited actions as aforesaid.

The period of the engagement

16.1 Termination of this contract with a complete cessation of the services provided to the subscriber in accordance with the aforesaid, or with the subscriber's request for a complete cessation of the services provided to him, whichever is earlier.

16.2 Notwithstanding the termination of the engagement for any reason, the subscriber shall pay the Company its debt in accordance with the engagement, including payment of linkage differences, arrears interest and collection expenses, if required.

Disconnection / termination of service initiated by the customer

17.1 In a distance selling transaction, the customer may cancel the transaction within fourteen days from the date of the transaction, provided that such cancellation is made at least two days, which are not rest days, prior to the date on which the service is to be provided.

17.2 A subscriber who wishes to terminate a contract with the Company shall notify the Company by telephone or in writing of his request to terminate the contract. It will be clarified that the cancellation of the subscriber's contract with the infrastructure provider does not constitute a notice of cancellation of the contract with the company and the termination of the subscriber's payment to the company does not constitute a notice and / or cancellation of the contract.

17.3 Disconnection will take effect within two working days of the subscriber's notification.

17.4 If the subscriber has committed as part of the engagement package for a minimum period of time then immediately upon disconnection of the service he will be charged the balance of the payments as specified in the plan.

Subscription freeze

18.1 Some browsing plans may be frozen for a minimum period of two weeks to one month for a fee in accordance with the company's price list to be determined from time to time.

18.2 It is not possible to freeze a browsing program in special promotions that involve a minimum period of time, during the same period, and / or to freeze your browsing plans in promotions with a joint payment to the company and the infrastructure provider.

18.3 An email sent to a customer whose subscription freeze will be kept during the freeze period in the Company's postal system, subject to the space limit in the Company's mailbox and postal system.

18.4 Notwithstanding the provisions of this section, A subscription paid for in advance may not be frozen.

Network behavior

19.1 The Subscriber shall act in accordance with and subject to the provisions of any law, including the Wiretapping Law 1979, the Protection of Privacy Law, 5741-1981, the Prohibition of Defamation Law, 5725-1965 and any other law regarding the protection of a person's privacy, and according to Acceptable rules of conduct on the Internet, including: 20.1.1 will not distribute mail to addresses whose owners have not given their consent.

19.2 will not advertise on a commercial basis on the Internet without permission.

19.3 will not send e-mails to users in a manner that elicits complaints from those who receive the messages (spamming)

19.4 will maintain the privacy of the individual.

19.5 will not use offensive and / or inappropriate expressions.

19.6 Various uses of the Internet resources will not be made illegal.

19.7 will not infringe on intellectual property rights, including the use of a trademark and / or copying of information and / or infringement of copyright, etc.

Address of parties and notices

20.1 Any notice sent by the Company to the Subscriber at the address given to it or at another address notified to the Company by the Subscriber – shall be deemed to have reached its destination three business days from the date of delivery if sent by mail or e-mail, and delivered by hand or fax – upon receipt of .

20.2 The subscriber undertakes to notify the company in writing, by mail, by e-mail or through the company's website, within 14 days of any change in his address or other details provided to the company.

Offset and delay

21.1 The Company will have the right to offset and / or withhold any amount that it receives from the subscriber in connection with this agreement or any other agreement, including in respect of terminal equipment provided to the subscriber. The subscriber will not have the right to offset and / or withhold any amount that is to be paid to the company in respect of services and / or equipment.

Jurisdiction

22.1 It is hereby agreed between the parties that the exclusive jurisdiction in connection with this agreement and all that derives from it will be given to the courts in Jerusalem only.

22.2 The laws of the State of Israel shall apply to this Agreement and shall be construed solely in accordance with them.

General

23.1 The Company may transfer any rights and / or obligations under this Agreement to third parties.

23.2 The subscriber hereby gives his consent for his details to be included in the company's databases.

23.3 The subscriber hereby gives his consent to receive information and / or updates and / or any advertising / marketing material via the e-mail address, his regular address which he provided to the company and by telephone, unless he announced his refusal to receive such material, in writing to the company , Within 14 days from the subscription start date. The subscriber will be able to request to stop sending the advertising / marketing material at any stage in the continuation of the contract and the company undertakes to act as stated within 14 days from the date of receipt of the notice.

23.4 At the beginning of each month, a tax invoice will be sent to the subscriber to the e-mail address provided by the subscriber when registering for the company's services, unless the subscriber has explicitly requested that the invoice be sent by regular mail.

23.5 The subscriber undertakes to notify the company immediately of any change in his personal details (telephone, address, etc.). As long as the subscriber has not notified the company of the change in his details as aforesaid, the subscriber will be considered the person who receives the service and will bear all the charges for the provision of the services.

23.6 099 Primo Communications Ltd. has appointed a Public Complaints Commissioner whose job is to investigate subscriber complaints regarding the Internet access service of 099 Primo Communications Ltd. (ISP), as well as to investigate subscriber complaints regarding the engagement agreement and accounts sent by 099 to subscribers and decide on them.