Privacy Notice
Last updated: September, 2023
Spoken Words Communications Ltd. d/b/a TCS (“TCS“, “us“, “our“, or “we“), a company incorporated in the State of Israel with Company No. 514360965 serves as an authorized reseller of certain telecommunications providers (“Partners“) and provides services relating to its Partners’ services, including phone, internet, and television plans (“Partner Services” and “Services“, respectively) to its customers. These Terms of Service(“Terms“) govern your registration for and use of the Services. “You” means an individual who has registered for our Services.
Please read these Terms carefully. We may change these Terms from time to time and by continuing to use the Services following any changes, you agree to the amended Terms. If you do not agree to any of these Terms, you may not use the Services.
If you are registering on behalf of any entity or company (Company), you represent that you are authorized to enter into, and bind the Company to these Terms and register for the Services.
- Use of Services
- Plans and Registration
- Account Cancellation
- Account Termination
- Fees and Payment
- Specific Partner Terms
- Devices and Restrictions To the extent you are provided with any equipment or devices of any Partners (Devices), you agree that (a) such Devices and any underlying technology included in the Devices or provision of the Partner Services belongs to the applicable Partner or its licensors; (b) you may not use such Devices or technology for any purpose other than receiving the Partner Services and/or Services, as applicable; (c) you may not modify or disassemble such Devices or technology. You may not resell or transfer such Devices or use the Devices or Partner Services and/or Services them in any manner not permitted by these Terms or applicable law. You undertake to return any Device/s upon termination of the Services and/or Partner Services.
- Disclaimers and Disclaimer of Warranty
- Limitation of Liability
- Indemnification
- Notices Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.
- Miscellaneous These Terms shall be governed solely by the laws of the State of Israel, and without regard to the United Nations Convention on the International Sales of Goods and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and TCS or enables you to act on behalf of TCS. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
1.1. Subject to these Terms, TCS allows you to register for and use the Services on a non-exclusive basis for your own or the Company’s internal business purposes.
1.2. You acknowledge and agree that the Partner Services are not provided directly by TCS but rather by the Partners whose services TCS resells. These Partners include but are not limited to Cellcom Israel Ltd. (“Cellcom“), Hot – Telecommunication Systems Ltd. (“HOT“), and Bezeq Israel Telecommunications Company Ltd. (“Bezeq“). Click here for a full list of our Partners https://admin.tcsisrael.com/partner-services. Depending on the Partner Services you choose to receive, the Partner Services may be provided by any of the relevant Partners.
1.3. As part of the Services, TCS shall interface with the applicable Partner on your behalf regarding any support with the Partner Services you may require, including without limitation, technical support, scheduling maintenance appointments, and settling account issues (“Support Services“). Support Services shall be provided during business hours only. TCS only acts as your representative towards the applicable Partner and makes no guarantees regarding the actual support provided by such Partner, including without limitation, the success, effectiveness, and/or timeliness of such support and shall not be liable for any loss or damage caused by the provision or non-provision of support by such Partner. You may request Support Services by contacting us at [email protected]. You are entitled to receive certain notifications about the Partner Services, including by law. The applicable Partner may send these notifications to you directly, to us, or sometimes to both you and us. We endeavor to promptly send you any notifications we receive from a Partner regarding your subscription.
1.4. As part of the Services, you may receive a cellphone number (“Number“) for your personal use. As of 30 days following termination, we may reassign your Number to new customers. If you have associated personal data with your Number in any way while using our Services or if you have added your Number as a key to access your personal data, for example, as a login credential for online accounts, you undertake that you shall remove such personal data or login credential upon termination. If you do not remove such personal data, it is possible that other customers may have access to such personal data and/or online accounts. We are not responsible for the activities of any future customers who may use the Number that had previously been assigned to you.
2.1. TCS offers different plans to suit your needs. Upon registration you can indicate your choice of plan. Different plans offer different services and scopes, all as listed on our website at https://admin.tcsisrael.com/ .
2.2. After speaking with one of our representatives, you can confirm the terms of the plan or deal you have selected as well as these Terms either via digital signature over email or SMS. If you wish to change the plan for which you are registered, please contact us.
2.3. Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you provide is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have the ability to form a binding contract; (d) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (e) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company, if applicable. The right to access the Services is revoked where these Terms or use of the Services is prohibited.
2.4. Subject to applicable law, TCS may refuse to allow any individual or entity to register at its sole discretion.
3.1. You may cancel your subscription to our Services (“Subscription“) in accordance with and subject to the provisions of the Consumer Protection Law, 5741-1981 (“Consumer Protection Law“), as further described below. You may request the cancellation of your Subscription by either talking to us in person, calling us at 02-655-0332, writing to us either by registered mail addressed to our offices at 15 Kanfei Nesharim St., Jerusalem, Israel, 9546427 or by email at [email protected] . Requests for cancellations must include your name, identification number, account/phone number, and contact information. We require your full cooperation with our customer staff in order to process your cancellation request properly. Please note that the cancellation of any Partner Services shall be made in accordance with the applicable Partner’s cancellation policy.
3.2. Subscriptions may be cancelled within 14 days of the date on which the Subscription was effected or the date on which you received a notice containing details of the Subscription, whichever is later, whether or not the provision of the Services has commenced. Following the processing of your request, TCS will provide you with a copy of a billing cancellation order. Subscriptions purchased by a person with a disability, a senior citizen, or a new immigrant (‘Oleh Hadash‘), as defined in the Consumer Protection Law, which included a conversation between you and us (including via electronic communication) may be cancelled within four (4) months from the date on which the Subscription was effected or the date on which you received a notice containing details of the Subscription, whichever is later. In order to cancel such a Subscription, you may be required to present us with a document indicating that you are, as applicable, a disabled person, a senior citizen, or a new immigrant, as specified in the Consumer Protection Law.
3.3. If the Subscription is cancelled due to any discrepancy between the applicable service and the information we provided to you prior to the Subscription, due to non-provision of the applicable service on the date stated in the order confirmation, or due to any other breach of contract by us, we will, within 14 days of receipt of your cancellation request, refund the portion of the Subscription fee you have already paid, cancel your charge with respect to the Subscription, and provide you with a copy of a billing cancellation order.
3.4. If you cancel the Subscription for any reason other than the foregoing, we will, within 14 days of receipt of your cancellation request, refund the portion of the Subscription fee you have actually paid, cancel your charge with respect to the Subscription, and provide you with a copy of a billing cancellation order. Furthermore, we are permitted to charge a cancellation fee of 5% of the Subscription price or NIS 100, whichever is lower. Please note that if you have already used the Services prior to their cancellation you will be charged for your relative; margin-left: 3rem; use of such Services. Please note that if you make international calls after cancelling your Subscription, you may be billed by your provider at higher rates than the rates we offer.
3.5. Please note that upon any transfer to a new provider, whether or not in connection with your cancellation of your Subscription, if any porting fees apply to cover the costs related to the transfer of your phone or internet to a new provider, you will also be charged for those fees.
4.1. Subject to applicable law, TCS may suspend or terminate your account at any time by providing three (3) days’ prior notice. In addition, TCS may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon violation of the letter or spirit of these Terms or failure to make payment in accordance with the terms of the plan for which you have registered, including chargebacks. TCS may modify or discontinue the Services for all users at any time, provided, however, that such changes will not apply to outstanding plans.
4.2. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate with any law enforcement authorities or court order directing or requesting that we disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
4.3. Upon cancellation or termination of your account, you must return to us any equipment we provided to you at your own expense and with proof of delivery. You are fully responsible for such equipment and shall ensure that it is delivered whole and intact. Certain equipment we provide to you is on loan to us from the Partner providing your service. If that equipment is not returned within the specified period of time, you may be required to pay a replacement fee.
4.4. Upon cancellation or termination of your Subscription, and provided that you terminate after the timeframe specified by the Consumer Protection Law, TCS is entitled to collect any unsettled installation fees (see Section 5 below).
You agree to pay TCS the fees as specified accordance with the plan for which you have registered. All fees shall be paid in NIS. You acknowledge that certain Partner Services and/or Services may be subject to installation fees payable by you. Payments are to be made on a monthly basis, within 30 days of the date specified on the invoice. You will be asked to provide customary billing information such as name, billing address and either credit card information or bank information, depending on your method of payment, either to TCS or its third-party payment processor(s). You hereby authorize the collection of such amounts by charging the credit card provided, either directly by TCS or indirectly, via a third-party online payment processor or by one of the payment methods described in the Services. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services. Where applicable, taxes may also be charged in addition to any fees specified in your plan. Please note that in order to benefit from our rates for international calls, you must follow the specific dialing instructions we provide. If you do not follow these instructions, you will incur additional fees.
6.1. If the Services we provide to you based on the plan for which you have registered include Partner Services of specific Partners, additional terms may apply, including as set out in this Section 5 below. With respect to all Partners, you acknowledge that the applicable Partner is not a party to these Terms and will not be liable to you directly for any damages relating to the provision of the Services. You further acknowledge that we are not liable for you for any Partner Services and/or any breach by any Partner and that if the agreement between us and the applicable Partner is terminated for any reason, we will not be able to continue to provide you with such Partner’s services.
6.2. Cellcom. If the Services for which you have registered include Partner Services provided by Cellcom:
6.2.1. You acknowledge that Cellcom may share with us certain information about your use of the Partner Services provided by Cellcom, such as account information, and that we may share certain information about your relationship with you with Cellcom, including a copy of these Terms. [“TCS: Section 3.1.2 of the agreement with Cellcom refers to an Exhibit B. Do you have this?“]
6.2.2. You acknowledge that we may be required to share recordings of service calls to Cellcom.
6.2.3. You agree that Cellcom may contact you directly with offers to provide services.
6.3 Bezeq. If the Partner Services for which you have registered include Partner Services provided by HOT:
6.3.1. HOT may, subject to its license agreements, change dialing codes or numbers, or make changes to the Services.“]
6.3.2. HOT will not be liable for any case in which its services are required to be suspended or discontinued by the Ministry of Communications
6.3.3. You agree to comply with all requirements of the Ministry of Communications and any other applicable law, you will allow HOT to verify such compliance, and agree to indemnify HOT for any damage caused to it from failure to comply.
6.3.4. You agree that HOT may contact you directly with offers to provide services or with satisfaction surveys, including via mail, email, fax, SMS, or other communication method. You can request not to receive such message by contacting HOT’s customer service center.
6.4. Cellcom. If the Partner Services for which you have registered include Partner Services provided by Bezeq, you acknowledge that we may be required to share recordings of service calls to Bezeq.
8.1. Your use of the Services is at your sole discretion and risk. The Services and content thereon are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that Services will be of good quality or useful for your needs.
8.2. You acknowledge that neither we nor our Partners is liable for any materials that you may receive from third parties when using the Services, such as SMS messages that you may be sent.
8.3. TCS makes reasonable efforts to wipe data from the cellphones and other equipment returned, however, TCS does not assume any responsibility for any personal data associated with or accessible in connection with your Number at any time, whether during your Subscription or after termination. When you associate personal data with or allow access through your Number, you do so at your own risk.
8.4. WE AND OUR PARTNERS, AS APPLICABLE, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE PARTNER SERVICES AND/OR SERVICES, AS APPLICABLE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, AVAILABILITY, TIMELINESS, OR PERFORMANCE OF THE SERVICES; (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.
8.5. No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
9.1. Without derogating from any of the above, neither we nor our Partners assume any responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Partner Services and/or Services, as applicable. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services and/or Partner Services, as applicable.
9.2. IN NO EVENT SHALL TCS, ITS PARTNERS, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER TCS OR THE PARTNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID US IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE.
10.1. By You. You agree to indemnify, defend, and hold harmless TCS, its Partners, and their respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using the Partner Services and/or Services on your behalf; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Partner Services and/or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder; and (d) any other matter for which you are responsible hereunder or under applicable law.
10.2. By TCS. TCS shall defend you, indemnify you, and hold you harmless from and against any and all damages, costs, losses, liabilities or expenses (including court costs and reasonable attorneys’ legal fees) that you may suffer or incur in connection with any actual or threatened claim, demand, action or other proceeding arising from or relating to a claim that the Services were provided with gross negligence and/or willful misconduct. You may not settle or compromise such suit without the written consent of TCS. TCS may be represented in any such suit by counsel of its own choosing at its own expense.
10.3. Procedure. Either party claiming indemnification under this Section (“Indemnitee”) shall: (i) provide the other party (“Indemnifying Party”) with written notice of a claim promptly upon becoming aware thereof, (ii) allow Indemnifying Party to control the defense and settlement of the claim, provided that no settlement may be entered into without the consent of Indemnitee if such settlement would require any action on the part of Indemnitee and further provided that Indemnitee may engage its own counsel at its own expense; and (iii) reasonably cooperate with Indemnifying Party, at Indemnifying Party’s expense, in the defense and settlement of the claim.