Terms Of Use
1. Introduction
1.1 Exsile Digital D Ltd. (hereinafter: the “Company”) provides various Internet services, as specified for them, inter alia, through the Company’s website at www.exsile.co.il (hereinafter: the “Website”).
1.2. The terms of these Terms and Conditions shall apply to any use and / or purchase of the Company’s services made on the Website, by telephone and / or in any other manner. Browsing the website and / or purchasing through it and / or other means of the company’s services and any other use of the website, constitutes approval and consent of the user and / or the buyer and / or the customer (hereinafter: “the customer”) to the terms of this policy (hereinafter: “the regulations” ).
1.3. These terms and conditions constitute an agreement between the customer and the company. The customer declares and confirms that he has read the provisions of the regulations carefully and that he is fully aware and agrees to them. To the extent that the customer has used the website and / or the company’s services (including if he has not read the regulations), this constitutes full and explicit consent to everything stated on it. In addition, domain name registration services (Domains) are subject to the domain name registration rules of the Israeli Internet Association at the following link: http://www.isoc.org.il/domain_heb/il-domain-rules.html .
1.4. The company reserves the right to update and / or change the terms, from time to time, at its sole discretion without the need for prior notice and / or any notice. Therefore, the customer must read the terms whenever he uses the site. Will be considered as indisputable evidence of consent to the Terms of Use after they have been amended.
1.5. The Company may transfer its rights and / or obligations under these Terms and Conditions to a person and / or another company at its absolute discretion. The Customer may not transfer the rights and / or obligations under these Terms and Conditions except with the Company’s prior written consent.
1.6. If any provision of these By-Laws is found by a competent court to be unenforceable, all other provisions of the By-Laws will continue to apply and be binding on the parties.
1.7. The company’s failure to enforce the customer’s debts according to other terms and / or terms of contract, in whole or in part, will not be considered a waiver of such obligations and it will not prevent the company from suing for breach of debts at a later date or for another breach.
1.8. This Agreement shall be governed exclusively by the laws of the State of Israel and shall be construed exclusively for the laws of the State of Israel. It is agreed by the parties that in all matters relating to this agreement, the competent court will have approval in the Tel Aviv jurisdiction only.
1.9. Without prejudice to the generality of the aforesaid, the customer will be subject to the privacy policy detailed at the following link: https://www.exsile.com/privacy-policy/ < / a>.
1.10. The chapter titles are provided for convenience and will not be used in the interpretation of the Articles of Association.
1.11. The provisions of these regulations apply equally to members of both sexes and the use of masculine pronouns is for convenience only.
2. The services
2.1. The company provides Internet services, which include, among other things, website building, website promotion, Internet advertising and marketing, web hosting, domain name registration (Domains), content writing, business branding, graphic design and more (hereinafter: “the Services”).
2.2. The services are provided as is (as-is) and without any representation whatsoever in relation to their quality and / or quality and / or their suitability for the customer’s needs and / or for a particular use.
2.3. Without derogating from the generality of the above and / or the other provisions of the regulations, with regard to the purchase of templates and / or plugins and / or modules (hereinafter: “the products”) from various companies from which the company buys the products, the conditions will apply the following:
2.3.1. The purchase will be made in the company’s account which will be owned and the sole responsibility of the company.
2.3.2. At the time of purchase, the customer is granted only 1 license for each product. The customer will not be able to sell / distribute / duplicate the products even if a full and / or partial change has been made.
2.3.3. If a purchase of a product and / or products has been made to the customer, the customer will be subject to the terms of use and the privacy policy of those companies from which the above products were purchased.
2.4. The Company may, at its sole discretion and without any prior notice and / or notice, add, detract from, limit, change, amend, cancel and / or suspend the services provided by it and / or any part thereof, without giving the customer any cause of action. .
2.5. The company makes every effort to provide the customer with the best quality service, however, the services provided by the company may by their nature be subject to interruptions and / or interruptions and / or various technical faults, including faults in the company’s software, hardware, communication lines and / or physical infrastructure. Including interruptions and / or temporary or permanent interruptions and are subject to traffic congestion on the global and local Internet.
3. Accounts and payments
3.1. The customer undertakes to pay the payments that will be required for the services that will be provided to him by the company in full and on time. Failure to make such payment will buy the company the right to suspend and / or stop providing services to the customer immediately, without detracting from any other remedy available to the company. In respect of all the direct costs that will result from the cancellation of the said suspension, as well as a handling fee of NIS 200 before VAT per working hour.
3.2. The price for the services provided by the Company is published on the Website and is updated from time to time, at the sole discretion of the Company.
3.3. If the customer paid for the company’s services for a pre-determined period and at the end of the service the customer did not notify the termination of the contract, the service will continue for the same period as the previous period and payment will be made using the means of payment provided by the customer. If the customer notifies the termination of the contract after the annual payment has been made and up to 30 days after this date: In an annual payment in advance – payment will be made for an additional 4 months from the date of renewal. Monthly payment – payment will be made for an additional month from the date of the notice of termination of engagement.
3.4. A customer may cancel the services provided to him by the company at any time by giving written notice, the notice must include the full name of the customer, the service that the customer seeks to cancel, H.P. / ID. / E.m. And a means of payment with which the customer pays for the service. For the avoidance of doubt, it will be clarified that the cancellation of the contract by the customer as aforesaid, will not buy the customer the right to any refund, including in respect of services that have been paid for a pre-determined period.
3.5. The customer may appeal in writing the correctness of an account sent to him within 30 days from the date of receipt of the account in his hands. An appeal of the correctness of the account does not delay the payment. In the event that the appeal is found to be justified, the company will refund the customer the excess payment. The customer agrees that the company’s records regarding the consumption of the services by him, will constitute ugly evidence regarding the payment for those services.
3.6. The company reserves the right to restrict and / or cancel a customer’s right to purchase on the website for any reason and at its sole discretion, even if he has previously purchased products through the site. Among other things, this right will stand for the company in any of the following cases (it is clarified that failure to take measures and / or cancellation by the company as aforesaid, even though it has the right to do so, will not be considered a waiver of any of its rights):
3.6.1. When registering on the company’s website, the customer filled in and / or provided false and / or incorrect details and / or incorrect details.
3.6.2. Making a purchase and / or intending to make a purchase using a credit card that is not valid and / or restricted to use and / or blocked for use and / or is not lawfully held by the customer who holds it.
3.6.3. Making use of and / or making a purchase on the Company’s website for the purpose of committing an illegal act in accordance with any law and / or in order to assist another in committing such an act.
3.6.4. Performing an act and / or omission that could harm and / or harm the company and / or the website and / or anyone on behalf of the company, including its customers and / or suppliers of the company.
3.6.5. In the event that the customer has a debt to the company, including a debt resulting from the purchase and / or ordering of products on one of the company’s websites and the customer has not repaid his debt even though its due date has come.
3.7. The company will provide the customer with a tax invoice / receipt against the actual payment. The customer agrees to receive an invoice via e-mail as a replacement for printed invoices.
4. Intellectual Property
4.1. All intellectual property rights of the company, the site, and the services provided by the company, including patents, graphic design, sales methods, URLs, source code of the site, images, databases, details of the company’s products, and any details related to its operation, are property and property. The exclusive rights of the company and/or of third parties who have granted the company a license to use them.
4.2. You may not copy, reproduce, market, distribute, translate, sell, modify or publish any information from the Site, the Company’s servers, and its databases (including images, text, trademarks, brand name, source code, database, product list, etc.). It is clarified and emphasized that the aforesaid also refers to the publication and/or use of all the above within the framework of any other website and/or collection, using software and/or other means, and distribution of data from the site, the company’s servers and databases, presentation of the site via Iframe, postcard or Covert, commercially and/or privately.
4.3. The content and information that will be uploaded to the company’s servers by the customer is the exclusive property of the customer, however, the customer gives the company permission to do in this content any action necessary to provide the services, including copying for backup, caching and any other action necessary at its sole discretion. of the company.
4.4. Nothing in the above sections shall derogate from the provisions of any law and in addition to them, the restrictions and/or prohibitions set forth in the law in connection with the company’s rights in intellectual property shall apply.
5. Information and information security
5.1. Any data and/or information of the customer stored on the company’s servers are the full responsibility of the customer. The customer is responsible for the correctness and integrity of his information and data and for proper backup. The company is not responsible for the invention of the information, its correctness, or its integrity, and is not responsible for our loss in any case.
5.2. Without derogating from the generality stated in the previous section, the company takes protective measures aimed at securing the information on the site. At the same time, the company cannot guarantee complete immunity from attempts and/or intrusion and/or corruption and/or deletion of data and/or disclosure of information and/or disruptions and/or disruptions to the operation of the site and/or the company’s servers. In the event that a third party succeeds in disrupting and/or interfering and/or penetrating and/or abusing and/or taking any other action unlawfully, notwithstanding the precautions taken by the company, the customer and/or anyone on his behalf will not have any claim and / Or a demand and/or a claim of any kind and type against the company and/or anyone on its behalf for any damage and/or injury that may be caused and/or will be caused as a result of the unlawful use by the third party.
5.3. The customer undertakes not to perform and will not assist in any way for any action aimed at unlawfully intruding on the company’s servers and/or the company’s website and/or scanning access routes and/or vulnerabilities in these computer systems, cracking the security and/or encryption systems. The customer will bear any damage and/or expense and/or loss and/or indirect damage caused to the company and/or its customers as a result of not taking appropriate protective measures. In addition, the company reserves the exclusive right to delete and / or remove any information after the end of the contract with the customer.
5.4. All information and content that is uploaded by the customer to the company’s servers will not be transferred and / or exposed to any third party except:
5.4.1. At the request of the customer in writing only.
5.4.2. For the purpose of providing the services that were ordered by the customer from the company or someone on its behalf.
5.4.3. For the purpose of complying with an order of a competent body in accordance with a law or a court order.
6. Overuse of resources
6.1. The company reserves the right to allocate to the customer a predefined amount of resources such as monthly data traffic, CPU, storage volume, and the like. In any case, where the customer exceeds the resources allocated as stated, the company will notify the customer by email and/or telephone call about the demand to upgrade the service and pay for it according to the prices listed on the website or stop the unusual use immediately.
6.2 If the customer did not act as aforesaid, and/or if the deviation impairs the company’s ability to provide service to its customers, the customer will be charged an additional fee in accordance with what is stated below, without detracting from any other remedy reserved for the company, including suspension and/or cancellation of customer service.
7. Proper and legal use of the company's website and services
7.1. The customer undertakes to use the site and the company’s services legally and in accordance with the regulations. Without derogating from the generality of the aforesaid, and subject to the provisions of the law, the customer will not make any use for the purpose of any of the following:
7.1.1. Abuse of the company’s resources and servers as well as the rights granted to the customer in the provision of the services.
7.1.2. Uploading and publishing content that violates human rights such as discrimination on the grounds of sex, race, religion, the nationality of origin, etc., pornographic material, prostitution, prohibited gambling, use of dangerous drugs, including links to sites that include such content.
7.1.3. Violation of a person’s good name in violation of the Prohibition of Defamation Act.
7.1.4. Uploading and publishing any material that infringes and/or may infringe on the proprietary and intellectual property rights of others; Any computer software, computer code, or application that contains a computer virus (virus), including hostile software, malicious applications, etc .; passwords, usernames and other details.
7.1.5. Prohibited distribution of email (spam) and/or sending a large number of emails.
7.1.6. Impersonation, identity theft, fraud, or any other fraud.
7.1.7. Disruption of the proper operation of a computer, disruption of computer material, or intrusion into a computer, by means of “virus”, “Trojan horse”, “spyware”, or any other means similar to these, including in violation of the Computer Law, 1995 and access to prohibited areas on the server, Probing, using or scanning systems and data.
7.1.8. An action that violates another obligation under any law or agreement.
7.1.9. The customer undertakes to monitor the content uploaded to the company’s servers as part of the provision of the services provided to him, by him and/or any other person on his behalf, and to bear full responsibility under any law for this content. It will be clarified that the company does not maintain any control over the content uploaded by the customer.
7.1.10. In the event of a breach of these provisions by the customer, the company will be entitled to suspend and/or cancel the services to the customer. All this without detracting from any other remedy reserved for the company in accordance with any law and/or agreement.
7.1.11. Infringement of copyright, promotional right, patents, trademarks, or any other proprietary right, of any other person, including trade secrets, or advertising of products and services.
7.1.12. Do not bypass and/or attempt to circumvent any technological means existing on the website and/or in related systems whose function is to prevent these from the actions prohibited under these regulations and/or under any law.
8. Means of payment
8.1. Payment for the purchase of the products on the website will be made possible by means of a valid credit card issued by a credit card company operating in Israel according to law and subject to the terms of the relevant credit card company. It is clarified that no payments will be made using a rechargeable magnetic card and/or gift voucher and/or any other means of payment.
8.2. It will be clarified that payment by credit card will be possible subject to the credit card details being checked by the credit card company and also subject to obtaining approval from the credit card company for the order placed by the customer on the website.
8.3. In the event that no approval is received from the credit company, the customer will receive an appropriate notice, his order will not be executed and the customer will not have any claim and/or demand and/or claim against the company in this regard.
8.4. The company reserves the right, at its sole discretion and discretion, to change the means of payment at any time and/or to allow and/or prohibit the use of additional means of payment for the purpose of purchasing on the site. Without prejudice to the aforesaid generality, to the extent that the company has permitted the use of an additional means of payment and to the extent that the customer uses purchase coupons or gift vouchers, the customer will not be able to use a purchase coupon or gift voucher for every purchase on the site.
9. My shopping cart
9.1. The list of products selected by the customer on the website for their purchase will appear in the shopping cart. The list will include the names of the services/products, their price, and in the end, there will be a weighting of the amount of the entire order. If the customer chooses to receive the products purchased by the courier, the shipping fee will be added to the total amount of the order.
9.2. Until the payment stage is completed, the customer will be able to decide on the removal and/or addition of products that appear in the shopping cart. After the payment is made and approved by the credit card company, the customer will receive a confirmation of the order to the email address he entered in his personal details (above and below: “Confirmation of the order by return email”).
9.3. It is clarified that there is no registration of products in the shopping cart by the customer to “save” a product and/or to “guarantee” its price. The determining price is the price set for the same product when the order is confirmed by email.
10. Means of identification for the purpose of receiving the products
10.1. As a condition of receiving the products, the customer (or the recipient of the products on his behalf, who is over the age of 18), will identify himself by presenting an identity card and confirm by signing the receipt of the products on a document and/or electronic means, as decided by the company.
10.2. In addition, according to the company’s decision and discretion, the customer or the recipient of the products on his behalf will have to identify himself to the company’s employees, using an identity card and/or present him with the credit card through which the purchase was made on the website.
11. Customer Club
11.1. At this time shopping through the company website does not include a customer club. The company reserves the right to develop a customer club whose details will be published on this site.
12. Promotions and discounts
12.1. The Company may decide from time to time and in its sole discretion that a particular service will be offered for sale on the Site at a discounted price and / or at a discount and / or as part of a sale and / or a certain benefit when purchasing the Service on the Site (hereinafter: “the Sale”).
12.2. The company will be entitled to stop and / or change the promotion to be held on the website at any time according to its decision and without the need to give prior notice and / or any notice to the customer, to change, at any time, the products included in the promotion on the website and / or not to make any promotions.
12.3. The company informs the customer that certain services and / or products offered for sale as part of the promotion to be held on the website do not necessarily correspond to the promotion to be held in the company’s stores.
12.4. The promotion to be held on the website will be valid until the end of the date set for its period (hereinafter – “end date”), as long as the end date is set, or until the stock runs out – whichever is earlier. To the extent that the end date is not set, the end date of the promotion will be held on the website according to the company’s decision and when the company decides to end it, you will not have to give prior notice and / or any notice to the customer and customer. On its behalf in this regard.
12.5. It is clarified that any change in the order details, will be followed by a re-examination in relation to the customer’s eligibility to enjoy the promotion that will be held on the website.
13. Liability and indemnification
13.1. Further to all that is stated in the services section, the parties agree that the company will not be liable for any damage, direct and / or indirect, caused to the customer or anyone on his behalf and / or any third party in the event of any malfunction and / or termination of service, including loss of information. , Delay in sending and / or receiving information, arrival of information not to its destination and / or disruption of information. This limitation of liability will also apply with respect to any damage caused to the customer and / or any third party as a result of an act or omission of the customer and / or anyone on his behalf.
13.2. Without derogating from the above, in any case, the responsibility of the company and / or anyone on its behalf, for everything related to the provision of the services provided by it, is limited to the cost of the service which is purchased by the customer.
13.3. The customer undertakes to indemnify the company for any damage caused to it and / or anyone on its behalf, including any claim and / or claim of a third party in Israel or outside Israel, including joint legal expenses as a result of any act and / or omission of the customer in connection with the services provided to him. The Company, including as a result of a breach of the customer’s obligations under these Terms and / or a breach of the provisions of any law, and including claims for violation of intellectual property rights.
13.4. The service on the website is provided as is (as-is) and the customer and / or user of the website and / or anyone on their behalf confirms that he has no and will not have claims and / or demands and / or claims against the company and / or anyone on its behalf, among other things. Related to the features of the site and / or the service provided according to it, its characteristics, limitations or its incompatibility with its needs and / or requirements.
13.4. The company takes precautions to maintain and ensure, as far as possible, the confidentiality of the information provided to it by the customer when making a purchase on the website, including the credit card information filled out by him. However, the company will not be liable for any damage of any kind, whether indirect or direct, that may be caused to the customer and / or anyone on his behalf in the event that the information provided to the company is lost and / or used without the customer’s permission and / or The Company and / or anyone on its behalf and / or as a result of cases beyond the Company’s control and / or knowledge.
13.5. The website may display commercial information – advertisements and / or links leading to various websites and / or commercial information – advertisements that may originate from the company and may be from various third parties (hereinafter – “the commercial information”). The company and / or anyone on its behalf will not be liable in any way for the commercial information, including its reliability, correctness, content, accuracy, correctness, etc. and / or for damages of any kind and indirect or / or direct that may be caused to the customer and / or visitor to the website and / Or anyone on their behalf and / or any third party as a result of disclosure and / or reliance on the commercial information.
14. Cancellation and Refunds
14.1. The company reserves the right to cancel its services to the customer at any time. The pro rata portion of all prepaid payments will be refunded to the customer in the event the Company exercises the right of cancellation granted to it. If the closing of the account is due to non-compliance with a section of the provisions of these Terms and Conditions, then no full or partial refund will be made to the customer and the customer will bear any expenses incurred by the company as a result of a violation of the Company’s Articles
14.2. The customer can cancel his account at any time he chooses. The commitment is in accordance with the payment period. A pro rata refund will not be given in the event that the customer decides to cancel the service before the period for which he has paid has ended. An application for cancellation of a service requires its submission by email or in writing and with the following details: the URL, the full name of the customer, H.P. / TZ / A.M. And the last four digits of the means of payment. In the case of a company Ltd., there is an obligation to transfer the document on stationery and with the company’s stamp and approval of the company’s authorized signatory.
14.3. In any case, a relative refund will not be made for services paid for with a long-term payment in advance, such as and not only: Domain Names (Domains), Storage Area (Hosting), Security Certificates (SSL).
14.4. For any other service, the terms of the cancellation will be recorded in a specific agreement that will prevail over this term.
