The Client acknowledges and is aware that the Provider is solely responsible for providing the Client with the technological infrastructure and does not provide any other services relating to the ongoing management of the Information, including the establishment, reception, deletion and/or management and/or use of the information itself, and these will be the sole responsibility of the Client. The Client agrees to use the Provider’s services as isand the Supplier will not be liable for any damage, claim or other liability arising out of or related to the Client’s use of the Technology.
The Supplier shall destroy and/or delete from all systems and backups that have been performed, in a complete, sweeping and complete manner, without the ability to recover, all the resources allocated to the Customer, including any information and/or data that was stored and/or collected in the Supplier’s systems, within X days from the date of the Customer’s written request or at the end of the engagement period without the need for any request or demand. Notwithstanding the aforesaid, the Supplier may keep a copy of the information for the purpose of conducting legal proceedings. Safeguarding the interests of the supplier and complying with the provisions of the law.
Installation of software provided by a third party is the sole responsibility of the third party vendors. Y-Techwill be at the service of all parties concerned to implement the solution in the Y-Tech cloud environment.The labor cost of the various service providers will be the responsibility of the customer and is in no way the responsibility ofY-Techis not included in the offer.
The first day of actual service and billing will be determined according to the migration timeline and from the first day of user/server activation in the Y-Tech cloud.
Payment terms – by bank standing order only. For transactions with a monthly payment of NIS 50, the customer will be charged in advance for a period of one calendar year. If the customer wishes to pay by direct debit by credit card, an additional transaction cost of 3% of the transaction will be added.
If a customer intends to cancel the banking orders by standing order, it is his responsibility to inform and update Y-Tech by any accepted means of communication and in writing in advance.
If a customer cancels the bank’s orders by standing order without informingY-Tech in advance and continued charges have been refunded by the bank, the customer will be charged a refund fee of NIS 30.
In the event that direct debit banking instructions are not honored for the second time, the customer will be charged a fee of NIS 100 until the method of payment is agreed upon in addition to the monthly charge for theY-Tech service.In addition, the customer will be charged arrears interest in the amount of 4% of the monthly charge for each day of delay.
The charge for the service will be made at the end of each month, for the service provided during that month.
The user experience in the cloud services, with an emphasis on the Terminal Server solution, is directly dependent on a proper passive/active communication infrastructure in the customer’s offices. Deficiencies in the internal communications infrastructure in the customer’s offices, including a wired network to a wireless network, may cause problems of slowing down and/or disconnecting from the cloud services, and consequently a poor user experience. In order to obtain a maximum and proper performance experience in the cloud services, the customer must agree toY-Tech’s recommendations for repairing the communication networks in the customer’s offices. In any case, Y-Tech’s recommendation for maximum user experience is to work on a wired network only.
The Service Agreement will be signed for a period of not less than 12 months or as specified in the Service Order. At the end of the Engagement Period, the Agreement will be automatically renewed for an additional period of 12 months, with all the original terms and will be charged according to the payment terms. The beginning of the Engagement Period will be according to the first day of the actual Service as stated above.
In the event that the Customer delays any payment,Y-Tech will be entitled to send the Customer a written warning stating that the Customer is required to pay the delayed payments within 7 days from the date on which the notice was sent (the “Last Maturity Date”). In the event that the Customer does not pay the deferred payments by the last payment date and no later than the last payment date,Y-Tech may terminate the Agreement and the services provided immediately. It is clarified that deferred payments will bear interest and linkage differences until the actual payment date. and that the customer will also be responsible for any expenses incurred by Y-Techdue to non-payment of the deferred payments.
In the event that the Customer does not pay by the last payment date, Y-Techis entitled, from the date of the last payment, to terminate the Service Agreement and stop providing the Services immediately, to prevent the Customer from accessing the Service and all materials, i.e., mail and/or files and/or any material of any kind stored inthe Y-Tech Systems as part of access tothe Y-Tech Services will be deleted without prior warning and the Customer will have no claim and/or claim in respect of or in connection with such deletion.
Price changes may occur from time to time in accordance with and subject to increases/decreases in Microsoft licensing priceswith 30 days’ notice.
The Client undertakes to use the resources and services provided to him by the Company only lawfully for a lawful purpose in accordance with the provisions of any law, and without derogating from the aforesaid, the Client declares and undertakes that he will not use the resources and services for the purpose of fraud, violation of the right to privacy, harassment, defamation, libel, publication of pornographic material or any other sexual nature, gambling, drug use, acts of fraud, impersonation, Wiretapping, surveillance, infringement of intellectual property rights, disruption of computer operations, prohibited penetration of computers, distribution of “viruses”, distribution of “junk” mail, prohibited import or export, and any prohibited action and/or violation of an obligation under law or agreement. This offer is valid for the date of issue only. Price changes may occur at the time of booking, subject to exchange rates other than the current pricing.
Signing a document using an authorized seal is used to confirm an order with service, “Colocation” hardware is the sole responsibility of the customer.
Y-Techand the manufacturers/resellers/distributors of the ordered product/services are not liable for any damages of any kind, including indirect, consequential or non-pecuniary damages caused, if caused to the customer directly or indirectly related to the product. performance/service and/or due to the provision and/or non-provision and/or termination of the service, as well as consequential damages that may occur due to the use or installation of the product/service. Customers will have no claim, Complaint and/or demand againstY-Techfor any damage, loss, charge, expense or loss of profit incurred by them due to the use of the product/service. If for any reason this waiver clause is determined to be invalid, the compensation for the damage paid to the customer byy-techshall not exceed the cumulative amounts paid by the customer to y-techin the month preceding the damage, including ordinary. Monthly payments are only monthly and do not include hardware/software/any unique purchase in the month preceding the damage. Customer hereby confirms that the distribution of risks in this section is Reasonable considering the product/service and its nature.
Communication packages do not include infrastructure (such asDSL/cable, etc.).The customer must order the appropriate infrastructure from a well-known infrastructure company in Israel, such as Bezeq or Hot, coordinate a technician withY-Tech.In the event that the customer does not wish to order directly from the infrastructure company, there is an option to order an “infrastructure manager” throughY-Tech.In any case, the quote does not include infrastructure unless explicitly stated in the quote.
The uptimeof the on-premises communication infrastructure is subject to the SLA level of the infrastructure provider, which is not included in the uptime SLAof the .y-tech services
When ordering a managed infrastructure, the costs may change from time to time depending on the costs of the infrastructure provider. Y-Tech may change the rates from time to time according to the costs of the infrastructure provider without prior notice to the customer.
Managed Infrastructure is a third-party infrastructure that the customer orders through Y-Tech. Payment for Managed Infrastructure will be paid to Y-Techfor the convenience of the Customer. All terms of service and SLAof the Managed Infrastructure are the sole responsibility ofY-Tech Infrastructure Service Provider.It will work with the Infrastructure Service Provider within the framework of the Management Services in the event of an infrastructure malfunction in order to restore the Service to its arrangement with the tools at its disposal vis-à-vis the Infrastructure Provider, subject to the Service Provider’s service and the termsof the SLA. For the avoidance of doubt, Y-Tech does not provide technician services on its behalf at the customer’s site in the event of an infrastructure malfunction, but rather operates the infrastructure service provider subject to the terms of service and the Infrastructure Service SLA.
Microsoft365cloud services and/orMicrosoft Exchange Onlineordered throughy-tech will be subject to Microsoft’s Terms of Service.The Client acknowledges that he will not have any complaint with respect to Y-Techfor unavailability and/or deviations in any type of service provided for which Y-Techhas no control over the components of the Service, such as a data center, mail servers, overseas Internet communications, and any other additional condition affecting the provision of the Services and is not under Y-Tech’s direct control.
By default for all services, an SSL Secure Browsing Channel (port 443) open for browsing is enabled for all websites. If a customer wishes to close their access channel, they should contact the support of Y-Tech, which may change the rates from time to time – at its discretion, after giving prior written notice of the rate increase.
The customer must make use of the service and/or product in accordance with the requirements of the law and/or the manufacturer, and no act or supervision must be performed in the service/product that contradicts its instructions.
The Y-Tech Proposalswill be governed solely by Israeli law. The exclusive jurisdiction under this Agreement is bound by the courts of the Tel Aviv and Haifa Districts of Israel, as chosen byY-Tech.
In the event that the Client wishes to terminate the Agreement before the end of the Engagement Period, the Client will be required to pay the balance of the payments for the hardware, construction costs, infrastructure and service, in their entirety, multiplied by the number of months remaining until the completion of the Contract, plus any benefit provided to the Client, so that all charges will be ready to be paid immediately upon termination.
The ordered product/service equipment will remain the exclusive property of Y-Tech until the payments are fully paid, in the event of a purchase.
Hardware equipment leased by the customer from Y-Techis wholly owned byY-Techand will return to Y-Techin the event of a service outage.
In the case of managed lines – the infrastructure costs will be charged from the date of installation at the customer’s site, in accordance with the Y-Tech pricing in force at the time.
Communications Provider Costs – According to the Communications Provider’s Prices and Responsibilities
Y-Techundertakes to provide a manufacturer’s warranty and/or other appropriate warranty for the hardware it owns and which serves its customers, in accordance withSLA standards and no less than . Inthe event of a hardware malfunction, Y-Techwill make maximum efforts to fix it as quickly as possible using the means at its disposal and using the manufacturer’s warranty, all in accordance withSLA standards and no less than NBD.
Y-Tech will make every reasonable effort to notify the customer 48 hours prior to performing downtime maintenance work. In the event of a fault break repair, a shorter notice may be given than the above. A fault break problem is a fault that shuts down a service and/or a group of users.
Y-Techwill provide a 24/7/364 call center. The service will be subject to the terms and conditions of. SLAsduring non-working hours, i.e. 7:30-19:00 until the customer center will operate on an emergency basis and answer urgent calls only. Call Urgentis a problem that stops an entire organization or five people at once, due to a direct malfunction ofy-tech systems and does not tolerate a delay until the next working day. Calls received are not defined as urgent and are terminated, at the discretion of y-techonly, will be transferred to the next working day and answered within normal working hours. Responses to the card outside of normal business hours, due to a specific inquiry to the customer, are defined as non-urgent fory-tech considerations only. They will be charged hourly at a night rate of 200% of regular working hours, according toY-technology prices at the time of the card.
Performing a backup in a remote backup service is the sole responsibility of the customer. In the event that there is a problem with the service, it is the customer’s responsibility to informy-tech. Y-techwill use all means at its disposal for the repair and will return to full service. The customer is not entitled to any refund for days when the service did not operate due to a malfunction of any kind. Y-techwill not be responsible for operating and/or checking its existence and/or the quality of the backup. In addition, If the customer reaches full exhaustion of the backup quota allocated for his needs, the customer may not receive a warning by email. It is the customer’s responsibility to check the means available to him, by means of the Y-Tech website interface or a backup interface installed on the computer, for the integrity of the backup. It is the customer’s responsibility to contact Y-Tech only and request an increase in the allocated backup quota in case it is full. Y-Techwill not be responsible for backup failure due to the use of backup space.
In the event that the cloud storage quota of any kind approaches the limit Y-Tech, it will alert the customer by e-mail and/or phone and/or any other media registered inY-Tech’s relationship with the customer’s contacts, before the quota reaches the limit, and therefore it will choose whether to delete unnecessary material or alternatively to increase the volume of cloud storage according toY-Tech’s rates at that time. If the customer does not respond toY-Tech’s warningIn a reasonable time, not exceeding 24 hours, regardless of hours/days and/or holidays and/or holidays, which allows preventive actions to be taken in accordance with the customer’s preference and storage. The Quota is close to its limit in such a way that it may cause service downtime due to technical limitations, in accordance with Y-Tech’s sole discretion, Y-Techwill increase the storage capacity for Customer as it deems appropriate in order to avoid downtime in Customer Service and will charge Customer accordingly. Customer will have no claim for such action.
Y-Tech is entitled to make technological changes to the service structure and systems at its sole discretion, as long as the level of service to the customer is not affected in accordance with the service agreement. If necessary, the customer will be obligated to cooperate and assist as much as possible, up to a reasonable and reasonable level of making the changes.
In order to avoid doubt, it is hereby clarified that all technological equipment and its components, including switches, routers, cables, storage servers and systems, in data centers where the service belongs exclusively to Y-Techand/or its representative, while the customer has no right and/or ownership of the equipment, except for equipment owned by the customer in the sharing service.
Y-Tech Domain Name Renewal Policy: Domain names managed byY-Techwill be automatically renewed for 2 years. The renewal will be done 30 days before the expiration date, no customer approval is required. For non-renewal domains, the customer is required to send an email todomains@y-tech.net address at least 35 days before the expiration date, specifying the domain name and requesting non-renewal. Customers who do not have an active warranty agreement in, Y-Techwill not be eligible for an automatic domain renewal service. These customers must contactY-Tech’s sales team, provide a payment method, and instruct the domain renewal. In any case, Y-Techwill not be held responsible for non-renewal of domain names when the customer has not explicitly requested the renewal in writing.
Prices are tracked by the Israeli Consumer Price Index. The Basic Price Index is the Consumer Price Index published prior to the start date of the original agreement. Additions and/or changes to the agreement are subject to the base index of the original agreement.
The Client hereby agrees to use the resources in the services provided by the Company in compliance with applicable laws, for lawful purposes only, and in accordance with the provisions set forth therein. Moreover, the Client expressly declares and warrants that it will refrain from using such resources and services for fraudulent activities, violation of the right to privacy, harassment, defamation, libel, distribution of pornographic or sexually explicit material, gambling, and drug-related activities, Cheating, false identity, engaging in eavesdropping or surveillance, infringement of intellectual property rights, disruption of computer operations, unauthorized computer intrusion, distribution of “viruses”, distribution of “spam” or unsolicited e-mail, import or export of prohibited materials, or engaging in any activity that is prohibited and/or contradicts any legal obligation or agreement.
In theIAAS service, the maintenance of the virtual server (VPS) is the sole responsibility of the customer, unless otherwise specified in the agreement/order. The customer will receive access information via “Remote Desktop” or any other protocol/software approved byY-tech and it is the customer’s responsibility to connect to the server and perform routine maintenance or any other form of maintenance.
If the customer wishes to receive administrator permissions for the service environment, this access will be subject to the security policy and technical approval ofy-techonly. In this case, the quality and health of the service will be the sole responsibility of the customer. In the event of a disruption of the service due to the customer’s activity, y-techreserves the right to charge a fee for restoring the service to a completely normal state.
The suggested memory size for the VM servers is the maximum, dynamic and non-static memory unless otherwise specified in the proposal
Restoration of any kind performed by a member of the Y-Tech teams, for any type of service, will incur payment according tothe prices of Y-Techat the time of the ticket and in any case is not included in any service.
The Managed EPP Service provides protection subject to the protection capabilities specified by the antivirus manufacturer. Y-Techprovides the product as a service and is not responsible in any way for the quality of the product. Any claim/complaint/demand regarding the quality of the product will be directed to an antivirus company without any claim againsty-tech.In addition, the product must be installed on all computers on the network. Failure to install this product on all computers on the network will result in an immediate danger of virus infection and/or spyware that is also installed on the computers on which the product is installed.
As part of the Managed EPP (MDR) service, new computers added to the service during the month will be charged automatically, monthly, without notice to the customer, using the customer’s authorized payment method. The charge is for one month of full service, subject to pricing set by y-tech
By default, a remote backup service encrypts the backup materials at a thorough level, without a private key. Customers can set up a password and private key in the backup interface themselves through the Y-Tech website or the backup interface installed on their computer. If customers set a personal encryption password, they must keep the password in a safe place. In the event that the customer loses the password, it will not be possible to recover the material from the backup service.
Cloud services will be provided to a minimum of 10 users unless otherwise specified in the agreement.
Services for a trial period will be provided to the customer in accordance with the general terms set betweenY-Tech representatives and the customer at the time of providing the details of access to the service. Upon the end of the trial period, the service will be canceled and all materials, i.e. mail and/or files and/or any material of any kind that was stored inY-Tech systems as part of the trial period experience, will be deleted without prior notice to the customer and there will be no demand/claim due to this deletion.
The Client undertakes to use the resources and services provided to him by the Company only lawfully for a lawful purpose and in accordance with the provisions of any law, and without derogating from the aforesaid, the Client declares and undertakes that he will not use the resources and services for the purpose of fraud, violation of the right to privacy, harassment, defamation, libel, publication of pornographic material or any other sexual nature, gambling, drug use, acts of fraud, impersonation, Wiretapping, surveillance, infringement of intellectual property rights, disruption of computer operations, prohibited penetration of computers, distribution of “viruses”, distribution of “junk” mail, prohibited import or export, and any prohibited action and/or violation of an obligation under law or agreement.
All responsibility relating to the content and/or services provided by the Client and/or the Client receives and/or transfers to third parties and/or in general, on the basis of the resources and services that the Company makes available to him or provides to him, applies to the Client only.
The Client shall indemnify and protect the Company, immediately upon its demand, from any demand and/or claim and/or damage and/or expense caused to the Company in connection with the aforementioned content and data and/or the Client’s prohibited use of the resources and services provided to him by the Company.
It is clarified that the Company’s liability to the Customer is limited only to direct damages caused to the Customer himself as a result of the Company’s intentional or malicious action. In any other case, the Company will not be liable for any damages whatsoever. Without derogating from the generality of the aforesaid, it is clarified that the Company will not be liable for indirect and/or consequential damages of any kind, and in any event, the scope of the Company’s liability in connection with this contract will not exceed a ceiling in an amount equal to the consideration paid by the Client to the Company during the 3 months preceding the creation of the cause of action.
Without derogating from any other liability under this Agreement and/or under any law, the Client will be solely responsible for any unlawful use of the resources and services provided to him by the Company and/or in contravention of its instructions.
