legal

Terms of Service Terms (SLA)

 

Terms of

Service Terms

1. The Client acknowledges and is aware that the Provider is responsible only for providing the technological infrastructure and does not provide other services related to the ongoing management of information, including the establishment, intake, deletion, and/or management and/or actual use of the information, which shall be the sole responsibility of the Client. The Client agrees to use the Provider’s services “as is,” and the Provider shall not be liable for any damage, claim, or other liability arising from or related to the Client’s use of the technology.

2. The Provider shall irreversibly destroy and/or delete from all systems and backups, in a complete and absolute manner, without possibility of recovery, all resources allocated to the Client. This includes any information and/or data stored and/or collected in the Provider’s systems within 30 days of the Client’s written request or upon termination of the engagement period without the need for further request or demand. Notwithstanding the above, the Provider may retain a copy of the information for the purpose of managing legal proceedings, protecting the Provider’s interests, or ensuring compliance with legal requirements.

3. Installation of third-party software is solely the responsibility of the third-party providers. y-tech will assist relevant parties in implementing the solution within the cloud environment. The cost of services rendered by various service providers will be borne by the Client and is not the responsibility of y-tech or included in the service agreement.

4. The Client agrees to use the resources and services provided by the Company solely for lawful purposes, in compliance with applicable laws. Additionally, the Client declares and commits not to use the resources and services for activities such as fraud, privacy violations, harassment, defamation, libel, dissemination of pornographic or sexually explicit material, gambling, drug use, fraud, impersonation, unauthorized surveillance, intellectual property infringement, computer disruption, unauthorized access, virus distribution, spam distribution, illegal imports or exports, or any other prohibited or unlawful activity. The Client shall indemnify and defend the Company, upon demand, against any claims, damages, or expenses arising from the aforementioned actions or the misuse of resources and services.

5. y-tech and the manufacturers, marketers, or distributors of the products or services ordered are not liable for any damages, including indirect, consequential, or non-monetary damages, resulting from the use, non-use, or cessation of the products or services. In the event of a liability claim, the total compensation to the Client shall not exceed the cumulative amounts paid to y-tech for monthly services in the month preceding the damage. This excludes hardware, software, or one-time purchases.

6. The service is governed exclusively by Israeli law. Exclusive jurisdiction under this Service Agreement is vested in the courts of Tel Aviv and Haifa districts in Israel, as determined by y-tech.

7. For clarity, all technological equipment and components—including but not limited to switches, routers, cables, servers, storage systems, security systems, and data centers—are owned by y-tech. The Client shall have no rights or ownership in this equipment.

8. Service billing will commence on the first day of activation of the communication line, user account, or cloud server by y-tech.

9. Payment terms are via bank standing order only. If the Client opts to pay via credit card standing order, an additional fee of 3% per transaction will apply.

o If the Client intends to cancel the standing order, they must notify y-tech in writing in advance. Failure to notify will result in a 30-shekel return fee for the first returned charge and a 100-shekel fee for subsequent returned charges until payment is settled. Additionally, a late payment interest of 4% per day will be charged on overdue amounts.

10. Service billing will occur at the end of each month for services provided during that month.

11. The Service Agreement will have a minimum term of 24 months unless otherwise specified in the service order. Upon expiration, the agreement will automatically renew for an additional 12-month period under the same terms and conditions.

12. In the event of non-payment or delayed payment, y-tech reserves the right to terminate the agreement and immediately suspend services, including access to stored materials. This action will follow prior notice and an opportunity for correction. The Client shall not have any claims or demands regarding this action.

13. y-tech may adjust service rates at its discretion, subject to changes in infrastructure and licensing provider costs, with prior written notice to the Client.

14. If the Client terminates the agreement before its term, they must pay the remaining balance for hardware, infrastructure, and services, multiplied by the months remaining, plus any benefits provided.

15. Hardware rented or leased from y-tech remains the property of y-tech. Upon service termination, the Client must return the equipment to y-tech’s offices.

16. Costs for communication lines not under managed service through y-tech are the responsibility of the Client.

17. Prices are indexed to the Israeli Consumer Price Index. Additions or changes to the agreement will follow the base index of the original agreement.

18. Data recovery services are subject to additional charges and are not included in the service agreement.

19. The performance of cloud services, particularly Terminal Server solutions, depends on adequate communication infrastructure at the Client’s site. y-tech’s recommendations for network improvements must be followed to ensure optimal performance. Wired networks are recommended for maximum reliability.

20. In “Colocation” services, the hardware is the sole responsibility of the Client.

21. IPVPN services exclude infrastructure. The Client must procure appropriate infrastructure independently or through y-tech.

22. Managed infrastructure services involve third-party infrastructure ordered through y-tech. y-tech will coordinate with the service provider for issue resolution but will not provide on-site technician services.

23. Microsoft cloud services ordered through y-tech are subject to Microsoft’s service terms. y-tech is not liable for issues beyond its control, such as data center or internet communication failures.

24. Secure SSL browsing (port 443) is enabled by default. Requests to disable this must be communicated to y-tech’s service center.

25. y-tech will provide 48-hour notice for planned maintenance. Emergency repairs may involve shorter notice.

26. If storage capacity approaches its limit, y-tech will notify the Client. If no action is taken, y-tech may expand storage at the Client’s expense to ensure continuity.

27. Technological changes to the service will be implemented at y-tech’s discretion, provided the service level is maintained. Client cooperation may be required.

28. Domain names managed by y-tech will be renewed automatically unless the Client notifies otherwise at least 35 days before expiration.

29. Endpoint Protection services are provided as-is, with adherence to manufacturer’s specifications. Failure to install agents exposes the Client to threats.

30. Automatic installation of endpoint agents may occur for new devices. Additional agents will be billed automatically for a full service month.

31. In no case will y-tech be liable to the customer or to others for losses or damages caused due to malfunction, failure to perform, or delay in performing its obligations according to this SLA, insofar as this resulted from circumstances of force majeure, including, but not limited to, strikes, wars, Terrorist attacks, epidemics and states of emergency declared by the state or public authorities, or other factors beyond y-tech’s reasonable control.

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