legal

Service Level Agreement (SLA)

1. The Customer acknowledges and is aware that the Provider is solely responsible for providing the Customer with the technological infrastructure and does not provide other services relating to the ongoing management of the Information, including the establishment,

absorption, deletion and/or management and/or use of the Information itself, and these will be the sole responsibility of the Customer.

The Customer agrees to use the services of the Supplier AS is and the Provider shall not be liable for any damage, claim or other

liability arising out of or related to the Customer’s use of the technology.

2. The Supplier shall destroy and/or delete from all systems and backups performed, completely, sweepingly and completely, without

reproducibility, all resources allocated to the Customer, including any information and/or data saved 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 contractual period without the

need for any request or demand. Notwithstanding the foregoing, 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.

3. Installation of software provided by third parties is the responsibility of the third party providers only. y-tech will be at

the service of all parties concerned for implementing the solution in the y-tech cloud environment. The cost of the work of the various

service providers will be the responsibility of the customer and is not in any case the responsibility of y-tech is not included in the offer.

4. 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.

5. Terms of payment — 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 standing order by credit card, an additional transaction cost

of 3% of the transaction will be added.

6. If a customer intends to cancel his banking orders by standing order, it is his responsibility to inform and update y-tech by any acceptable means of communication and in writing in advance.

7. If a customer cancels the bank orders by standing order without notifying y-tech in advance and continued charges have been refunded

by the bank, the customer will be charged a refund fee of NIS 30.

8. If standing order banking instructions are not honored a second time, the customer will be charged a fee of NIS 100 until the method

of payment is agreed in addition to the monthly charge for the y-tech service. In addition, the customer will be charged arrears

interest of 4% of the monthly charge for each day of delay.

9. The service will be charged at the end of each month for the service provided during that month.

10. The user experience in cloud services, with an emphasis on the Terminal Server solution, is directly dependent on the proper

passive/active communication infrastructure in the customer’s offices. Defects in the internal communication infrastructure in the

customer’s offices, including a wired network to a wireless network, may cause problems of slowdown and/or disconnections from

cloud services and consequently a poor user experience. In order to obtain a maximum and proper performance experience in cloud

services, the customer must agree to y-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.

11. 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 12 months, with all the original conditions and will

be charged according to the payment terms. The beginning of the engagement period will be according to the first day of actual

service as stated above.

12. 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 day the notice was sent (the “Last Due Date”). If the customer

does not pay the deferred payments by the last due date and no later than the last due 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-tech due to non-payment of deferred payments.

13. If the customer does not pay by the last payment date, y-tech may, from the date of the last payment, terminate the service agreement

and stop providing the services immediately, prevent the customer from accessing the service and all materials, i.e., mail and/or

files and/or any material of any kind stored in y-tech’s systems as part of the access to 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.

14. Price changes may occur from time to time depending on and subject to an increase/decrease in Microsoft licensing prices with 30 days’

notice.

15. The Client undertakes to use the resources and services provided to him by the Company only legally for a legal purpose pursuant to 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 fraud, violation of the right to privacy, harassment, defamation, libel, publication of pornographic material

or any other sexual nature, gambling, drug use, cheating, impersonation, wiretapping, surveillance, infringement of intellectual property rights, disruption of computer operation, prohibited penetration of the computer, distribution of “viruses”, distribution of “junk” e-mail, prohibited import or export and any prohibited activity and / or breach of obligation under law or agreement. This offer is valid on the issue date only. Price changes may occur at the time of booking, subject to exchange rates other than current pricing.

16. Signing a document using an authorized signer serves as an order confirmation with service, the hardware “Colocation” is the

responsibility of the customer only.

17. y-tech and the manufacturers/resellers/distributors of the ordered product/services are not responsible for any damage of any kind,

including indirect, consequential or non-monetary damage 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 cessation of 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 against y-tech for any damage, loss, charge, expense or loss of profit caused to them due to the use of the product/service. If for

any reason it is determined that this waiver clause is invalid, the compensation for the damage paid to the customer by y-tech will not

exceed the cumulative amounts paid by the customer to y-tech in the month preceding the damage, including ordinary. Monthly payments only and do not include hardware/software/any unique purchase in the month preceding the damage. The customer hereby confirms that the division of risks in this section is Reasonable considering the product/service and its nature.

18. Communication packages do not include infrastructure (such as DSL/cable, etc.). The customer must order suitable infrastructure

from a well-known infrastructure company in Israel, such as Bezeq or HOT, coordinating a technician with y-tech. In the event that the

customer does not want to order directly from the infrastructure company, there is an option to order an “infrastructure manager”

through y-tech. In any case, the quote does not include infrastructure unless explicitly stated in the quote.

19. The uptime of the on-site communication infrastructure is subject to the SLA level of the infrastructure provider, which is not included

in the uptime SLA of y-tech services

20. When ordering managed infrastructure, costs may change from time to time depending on the infrastructure provider’s costs. y-tech may change the tariffs from time to time in accordance with the infrastructure provider’s costs without prior notice to the customer.

21. Managed infrastructure is a third-party infrastructure that the customer orders through y-tech. The payment for managed

infrastructure will be paid to y-tech for the convenience of the customer. All terms of service and SLA of the managed infrastructure

are the sole responsibility of the y-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

order with the tools at its disposal vis-à-vis the infrastructure provider, subject to the service provider’s service and SLA conditions. 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 operates the infrastructure service provider subject to the terms of service and SLA of the infrastructure service. y-tech recommends installing two different infrastructures at the customer’s site and implementing a communication redundancy solution through y-tech’s communication services in order to prevent service interruption due to a malfunction in the communication line at the customer’s site. through y-tech will be subject to the Microsoft Terms of Service. The customer confirms that he will have no complaint with respect to y-tech regarding unavailability and/or deviations in any type of service provided for which y-tech has no control over the components of the service, such as a data center, mail servers, Internet communication abroad, and any other additional terms that affect the provision of the services and are not under y-tech’s direct control.

22. Microsoft 365 and/or Microsoft Exchange Online cloud services ordered through y-tech will be subject to the Microsoft Terms of Service. The
customer confirms that he will have no complaint with respect to y-tech regarding unavailability and/or deviations in any type of service provided for which y-tech has no control over the components of the service, such as a data center, mail servers, Internet communication abroad, and any other additional terms that affect the provision of the services and are not under y-tech’s direct control.

23. By default for all services, SSL secure browsing channel (port 443) open for browsing is enabled for all websites. If a customer wishes

to close his access channel, he must contact the support of y-tech may change the rates from time to time — at its discretion,

after giving advance written notice of the rate increase.

24. The customer must use the service and/or product in accordance with the requirements of the law and/or the manufacturer and no act or supervision contrary to its provisions may be performed in the service/product.

25. The customer must use the service and/or product in accordance with the requirements of the law and/or the manufacturer and no act or supervision contrary to its provisions may be performed in the service/product.

26. y-tech offers will be under Israeli law only. The exclusive jurisdiction under this agreement is bound to the courts of the Tel

Aviv and Haifa districts in Israel, in accordance with y-tech’s choice.

27. If the customer wishes to terminate the agreement before the end of the contractual period, the customer will be required to pay the

remaining 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 given to the customer, so that all charges will be

ready for immediate payment on the date of termination.

28. The ordered product/service equipment will remain the sole property of y-tech until full payment of payments, in case of purchase.

29. Hardware equipment leased by the customer from y-tech is wholly owned by y-tech and will return to y-tech in the event of a service outage.

30. In the case of managed lines — infrastructure costs will be charged from the date of installation at the customer’s site, according to

the y-tech pricing prevailing at the time.

31. Communications provider costs — in accordance with the communications provider’s prices and its responsibility

32. y-tech undertakes to provide a manufacturer’s warranty and/or other appropriate warranty for the hardware it owns and that serves its

customers, according to SLA standards and no less than . NBD in the event of a hardware malfunction, y-tech will 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 with SLA

standards and no less than NBD.

33. y-tech will make every reasonable effort to inform the customer 48 hours before performing disabling maintenance work. In case of

repair of fault fracture problems, there may be shorter notice than the above. A fault breakdown problem is a malfunction that disables

a service and/or group of users.

34. y-tech will provide a 24/7/364 service center. The service will be subject to the terms and conditions of. SLA during non-working hours,

i.e. 07:30-19:00 until the customer center will operate on an emergency basis and answer urgent calls only. Call Urgent is a problem that stops an entire organization or five people at once, due to a direct malfunction of the y-tech systems and does not tolerate a delay to the next working day. Calls received are not defined as urgent and are terminated, at y-tech’s discretion only, will be transferred to the next working day and answered within normal business hours. Answers to the card outside of normal business hours, due to a specific appeal to the customer, is defined as non-urgent for y-tech considerations only, they will be charged by the hour at a nightly work rate of 200% of regular working hours, according to y-tech Technology Prices at the time of the card.

35. Performing a backup with a remote backup service is the customer’s responsibility only. In the event that there is a problem with the

service, it is the customer’s responsibility to inform y-tech. y-tech will 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-tech will not be responsible for operation and/or checking the existence and/or quality of the backup. Also, 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 at his disposal, using the y-tech website interface or a backup interface installed on the computer, the integrity of the backup. It is the customer’s responsibility to contact only y-tech and request an increase in the backup quota allocated if it is full. y-tech will not be responsible for backup failure due to utilization of backup space.

36. In the event that the quota of cloud storage of any type approaches the y-tech limit, it will alert the customer by email and / or phone

and / or any other media registered in the y-tech connection with the customer’s contacts, before the quota reaches the limit, and

therefore it will choose whether to delete unnecessary material or alternatively increase the volume of cloud storage according to y-tech rates at that time. If the customer does not comply with the y-tech warning in a reasonable time, not exceeding 24 hours

regardless of hours/days and/or holidays and/or holidays, enabling preventive measures to be taken according to customer 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-tech will increase the storage capacity for the customer as it sees fit in order to avoid downtime in customer service and will charge the customer accordingly. The customer will have no claim for this action.

37. y-tech may make technological changes in the service structure and systems at its sole discretion, as long as the level of service to

the customer is not harmed 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 logical level of making the changes.

38. In order to avoid doubt, it is clarified here that all technological equipment and its components, including switches, routers, cables,

storage servers and systems, in data centers where the service belongs solely to y-tech and/or its representative, while the customer has no right and/or ownership of equipment, except for equipment owned by the customer in a sharing service.

39. y-tech domain name renewal policy: Domain names managed by y-tech will automatically renew for two years. The renewal will take place 30 days before the expiration date, no customer approval is required. For non-renewal domains, the customer is required to send an email to domains@y-tech.net address at least 35 days before the expiration  ate, specifying the domain name and requesting non-renewal.

Customers who do not have an active warranty agreement on, y-tech will not be eligible for automatic domain renewal service.

These customers must contact y-tech’s sales team, provide a payment method and order domain renewal. In any case, y-tech will not be

liable for non-renewal of domain names when the customer has not explicitly requested the renewal in writing.

40. Prices track the Israeli Consumer Price Index. The Basic Price Index is the Consumer Price Index published before the date of commencement of the original agreement. Additions and/or changes to the Agreement are subject to the Basic Index of the original

Agreement.

41. The Client hereby agrees to use the resources in the services provided by the Company while adhering to the applicable laws, for

lawful purposes only, and in accordance with the provisions specified therein. Furthermore, the Client expressly declares and undertakes that he will refrain from using such resources and services for the purpose of fraudulent activities, violation of the right to privacy, harassment, defamation, libel, distribution of pornographic or sexually explicit material, engaging in gambling, related to drugs. Activities, Cheating, assuming false identities, engaging in listening or tracking, 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 engage in any prohibited activity and/or contrary to any legal obligation or agreement.

42. In the IAAS service, virtual server maintenance (VPS) is the responsibility of the customer only, unless otherwise specified in the agreement/order. The customer will receive access information via “Remote Desktop” or any other protocol/software approved by y-tech, and it is the customer’s responsibility to connect to the server and perform regular maintenance or any other form of maintenance.

43. If the customer wishes to obtain administrator permissions for the service environment, this access will be subject to y-tech’s

security policy and technical approval only. In this case, the quality and health of the service will be the responsibility of the

customer only. In the event of interruption of service due to customer activity, y-tech reserves the right to charge a fee for returning the service to a fully functional state.

44. The proposed memory size for VM servers is the maximum memory, dynamic and non-static unless otherwise specified in the proposal

45. Reconstruction of any kind performed by a member of the y-tech teams, for any type of service, will involve payment according

to y-tech prices at the time of the ticket and in any case is not included in any service.

46. The managed EPP service provides protection subject to the protection capabilities specified by the antivirus manufacturer. y-tech provides 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 against y-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 cause an immediate risk of virus and/or spyware infection installed on computers on which the product has been installed.

47. As part of the Managed EPP Service (MDR), 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 a full month of service, subject to pricing set by y-tech

48. Remote backup service, by default, encrypts backup materials thoroughly, without a private key. Customers can set 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 case the customer has lost the password, the material from the backup service cannot be restored.

49. Cloud services will be provided to a minimum of 10 users unless otherwise specified in the agreement.

50. Services for a trial period will be provided to the customer in accordance with the general conditions established between y-tech

representatives and the customer at the time of providing access details to the service. Upon completion of the trial period, the

service will be cancelled and all materials, i.e. mail and / or files and / or any material of any kind saved in y-tech systems as part of

the trial period experience, will be deleted without prior notice The customer will not have a demand / claim due to this deletion.

51. 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.

52. 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.

53. 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.

54. It is clarified that the Company’s liability to the Customer is limited 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 damage 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, You shall 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.

55. 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.