Terms of service

This is a loose translation of the Terms of Service from Hebrew. The Hebrew version is the binding contract!

A. Introduction

Welcome to Rosalind M.S.S. Inc. ("Company"). The Company is an Israeli registered Corporation and our ID is: 515096733. These Terms of Service ("Agreement") contain the terms under which the Company provide Internet Services ("Services") to its customers and describe how the Services may be accessed and used.

The Services provided by the Company to small, medium and non-profit businesses detailed in this document are web pages displayed on pay.rosalind.co.il ( "Payment Website") through which the customer ("Client") may collect funds or collect information from general public.

Please read this Agreement, including all linked information, carefully. By checking the box to accept this Agreement when you register through www.rosalind.co.il ("Website"), you acknowledge that you have read, understood, and agree to be bound by it.

B. General

  1. The Introduction, and the Company's privacy policy together with all privacy statements and privacy notices (collectively, the Privacy Policy), constitutes an integral part of this Agreement and is binding as its terms.
  2. This Agreement regulates the relationship between the Client and the Company.
  3. This Agreement is phrased in masculine form for convenience only and applies to both men and women.
  4. Acceptance of the contents of this Agreement by the Client is a condition for the provision of the Services, as defined below, by the Company.
  5. The Client declares that he is at least 18 years of age on the date of engagement under this Agreement and represents an Israeli business or non-profit organization with the authority and right to enter into this Agreement.
  6. A business or non-profit organization is defined in this Agreement as an organization registered with the Registrar of Corporations, or the Registrar of Charities or a small business registered with the Israeli Income Tax Authority. The Client must upload the documents that prove that the organization he represent is a business or a non-profit organization.
  7. Due to the technological changes and the development of the Internet and the accompanying phenomena, the terms of this Agreement may be changed from time to time by the Company. Any change will require the Client to review the changes within fourteen (14) days of its publication on the Website and / or within 1 (one) day from the date of sending a message to the Client's e-mail box. An existing Client who does not agree to such changes is required to stop this engagement and stop receiving Services from the Company. As such, the Client is required to keep himself informed from time to time.
  8. The division of the provisions of the Agreement into the sections and headings of the sections, is for convenience only. The division shall not be used in any way to misinterpret the provisions of the Agreement.

C. Internet Services

  1. Most of the Internet Services, as defined below, are performed by and through a computer/server of the Company's Server ("Server").
  2. The Internet Services ("Services") that the Company will provide to the Client, are as follows:
    1. Creating redirect payment pages that will be available on the Payment Website through which the Client can collect funds from their End Users ("End Users").
    2. Creating redirect donation pages that will be available on the Payment Website through which the Client can collect donations from its End Users.
    3. Create online forms that will be available on the Payment Website through which Client can receive information from their End Users.
    4. Create surveys that will be available on the Payment Website which the Client can distribute among his End Users and receive feedback that will always be available on the Website.
    5. Design, assimilation, and content translation services.
    6. The Website offers several other options whose description and prices appears on the Costs Page ("Costs Page")
  3. If the Services the Client receives include receiving payments from his End Users, the Client will bound by the following:
    1. The Client declares and aware that the Company will not bear any responsibility towards him and / or towards any other person in respect to the processing of the payment by and / or the actions deriving therefrom, made by the merchant and / or in respect of the credit card data his End Users provided to Company.
    2. The Client declares and aware that the Company will not provide him with any credit card information his End Users provided the Company to complete a purchase or make a donation.
    3. The Client declares and aware that he is responsible to all refunds, cancellations, and credits issued to his End Users will be made by the Client and not by the Company.
    4. The Client is aware that adding a merchant accounts may require a fee as posted at the Costs Page.
    5. The Client must provide the Company the info details of his merchant accounts so that payments could be directed to his merchant account.
    6. The Client acknowledges that the Company uses the info above to process payments only. The Company bears no responsibility to any other actions in his merchant account.
  4. In the provision of Internet Services by the Company to the Client under this Agreement, the Client hereby authorizes the Company to perform all the actions required, in its name and in its place, to the extent necessary, in order to provide the Internet Services to the Client and / or to provide the Services in general.

D. Fees and Payments

  1. You agree to pay to Company any fees for each Service you purchase or use, in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. Fees paid by you are non-refundable, except as provided in this Agreement or when required by law.
  2. The prices appearing on the Website and / or as provided to the Client regarding the Services are in New Israeli Shekels and do not include VAT.
  3. The Services are paid on a monthly basis. At the beginning of each month the Client payment method will be charged for the following month.
  4. Should the Company not be able to receive a payment through the Client payment method, the Service to the Client shall cease after 48 hours of notice to the Client by the Company.
  5. The Company may update and change, from time to time, the prices for the Services it provides, and the Client shall have no claim on the matter, even if such changes were made immediately prior to his engagement under this Agreement.

E. Availability of Internet Services

  1. The Client declares and knows that the Services provided to the Client are not free from malfunctions and disruptions. However, the Company will do its best to ensure that the Services it provides to the Client are available and accessible 365 days a year, 7 days a week, 24 hours a day, continuously. ("Internet Service Availability")
  2. However, the Client acknowledges that, since the Services are also dependent on other third parties, authorized or unlicensed, such as Internet Service Providers (ISP), Internet infrastructure (such as communication lines or as hackers), then the Company can not guarantee the availability of Services continuously, and there may be interruptions, disruptions, and errors in the Services, from time to time.
  3. In addition, the Client declares and knows that there may be malfunctions on the Company's Servers such as: malfunctions in the hardware and / or malfunctions in the software and / or other disruptions, which may impair the availability and / or functioning of the Services.
  4. As part of the defense against intrusion into our Servers and accounts in particular, the following countries were blocked from accessing the Server : Turkey, Syria, Lebanon, Egypt, Saudi Arabia, Iraq, Iran, Qatar, Bahrain, Emirates, Pakistan, Nigeria, Morocco, Tunisia, Kenya, Algeria, Afghanistan, Yemen, Zimbabwe, Turkmenistan and the Palestinian Authority territories. This means that users in these countries will not be able to access the Services.
  5. The Company will act, as soon as possible, whether at its own initiative or after an appeal made to it at any time, to repair the vulnerability of the availability of the Services.

F. Terms of Use of Internet Services

The Client declares and undertakes that in his use of the Services, he shall not perform any action and / or act and / or omission, directly and / or indirectly:

  1. which may constitute a wrong and / or an alleged offense, at the discretion of the Company, by law;
  2. and / or any other Client and / or third party, including, but not limited to, proprietary rights, contractual rights, proprietary rights, copyrights, moral rights, trade secrets, marks Commerce (including domain names), patents, duties of trust, privacy, respect, good name, public security, state security, public sentiment;
  3. in a manner that is immoral and / or racist and / or offensive and / or pornographic and / or sexual (including partial or full nudity). The Company reserves the right to restrict the Services, including the removal of any content and / or information and / or material that, according to the Company's sole discretion, is inappropriate, without the need for prior explanation or notice to the Client;
  4. including, but not limited to, gambling, child pornography, prostitution, terrorism, support for terrorism, treason, incitement, Cults, trade in organs, trafficking in women, pyramid schemes (and the like), illegal work, misleading content, intellectual property infringement;
  5. which may harm the privacy of a person, and in particular the disclosure of information and content about minors without the consent of their parents and / or their apothecaries according to law.

G. Technical Support and Customer Service

  1. Technical support & customer service will be available to the Client Sunday to Thursday from 9:30 to 17:30 ("Hours of Operation").
  2. Technical Support & customer service will be provided by e-mail and / or telephone, at the discretion of the Company.
  3. Technical support shall not apply to or access to external software. For example, how to import files into Excel and the like - are not included in the technical support. However, the Company will endeavor to assist the Client, whether through written guides or otherwise.
  4. The Company is entitled to demand monetary consideration for providing technical support after hours of operation.
  5. Client must be available by telephone and / or other means of communication when providing technical support. Client's unavailability may delay the provision of technical support and may also require the Client to pay for technical support.
  6. The Company may set a price list for technical support and training, which will be updated from time to time, and bind the Client accordingly in respect of the provision of technical support and / or training services outside the framework of this Agreement.

H. Disclaimers and Limitations of Liability

  1. The Client hereby declares and aware that in respect of any action and / or act and / or omission done or to be made contrary to this Agreement and / or contrary to the instructions given from time to time by the Company and / or due to its use of the Services, to take all the means available to it by law, including the involvement of relevant third parties and the provision of information to their disposal.
  2. The Services, including the manner and functions of use thereof and / or its contents, are offered for use by the Client "As Is", and therefore the Client hereby declares that he knows that the Services are not free of malfunctions, defects or interruptions (including by malicious third parties, Hackers, crackers, etc.) and that due to the nature of the Internet, there may be disruptions and / or discrepancies and / or omissions and / or deletions and / or inaccuracies and / or discerpencies and / or malfunctions in the Services and the availability of the Services. Therefore, the Client hereby exempts the Company from any direct or indirect liability in the matter, including in case of loss or disruption of information, in whole or in part.
  3. The Client hereby declares and aware that the provision of the Services by the Company to the Client does not constitute any direct or indirect commitment or warranty, either express or implied, that the Services are suitable for the Client's purposes.
  4. The Client hereby declares and aware that he is solely responsible for all content, files, and images and that he is the owner and / or has permit to use them.
  5. The Client is solely responsible for keeping confidential his login information to the Website. The Client will take appropriate security measures, to keep his personal access information for the purpose of using the Services, in order to prevent misuse of his access to the Services.
  6. The Client hereby declares that in no event shall the Company be liable for any damage, loss, expense, including but not limited to: mental injury, physical injury, loss of income (including future), loss of information and data (including confidential information), Damage to reputation, distress - which may be caused to the Client and / or a third party, due to the engagement in this Agreement and / or the use of Services and / or due to malfunction, disruption and unavailability of the Services.
  7. The Client will do as much as necessary to avoid and prevent the execution of an act and / or omission resulting in harm to another Client or third party. If a party is injured as aforesaid, the Client will be fully and personally liable to the victim, and will compensate the victim for any damage, direct or indirect.
  8. If a claim and / or demand by a third party regarding its activity and / or use of the Services is made against the Client, the Client is obligated to cooperate with the Company in a full and effective manner and the Client agrees to transfer to the Company, if the Company so wishes, The Client's protection, provided that the warranty and liability in the matter remain the Client's sole responsibility.
  9. The Company bears no responsibility to any actions other than payment deposits in the Client's merchant account provided to the Company.

I. Indemnification and Compensation

The Client will indemnify and hold harmless the Company, immediately upon its first demand, for any expense, loss, damage, legal or other fees that will cause the Company and / or which the Company issued for any action and / or act and / and / or contrary to the instructions given from time to time by the Company and / or contrary to any existing law and / or due to a claim against the Client and / or due to a demand against the Client and / or due to a claim and / or demand against the Company in respect of the Client's use of the Services - including but not limited to intellectual property, trademarks, copyrights, libel, infringement of privacy, patents. The Client declares that he knows that such indemnification in favor of the Company does not detract from or reduce from the other reliefs due to the Company under this Agreement and / or by law.

J. Transfer of Rights

  1. The Client may not transfer and / or assign whether for consideration or for no consideration, his rights and / or authorizations to use the Services under this Agreement to another person, unless prior written approval is given by the Company.
  2. The Company may, in its sole discretion, transfer its rights and / or obligations on the Website and Payment Website arising from this Agreement, in whole or in part, to any person, without the need for consent or prior notice of any Client.

K. Confidentiality

  1. During the use of the Services, the Client may upload content ("Content") to the Website (including Client's personal data and personal data of his End Users) or third parties to send Content to the Company through the Services. This is the Client's Content.
  2. The Privacy Policy specifies how we treat the Content and personal data and we agree to comply with our Privacy Policy.
  3. The Company will not use the Content for its purposes and will not disclose the information to third parties except as set out in the Privacy Policy.
  4. The Client agrees and authorizes the Company to publish, and presents the Client as a customer of the Company. The Company is not obligated to obtain approval from the Client for this publication.

L. Suspension and Termination of Services

  1. The Client may, by means of an advance notice of 72 hours, request cancellation and / or termination of the Services. Cancellation and / or termination of Services shall take place upon receipt of the Company's approval in the matter ("Cancellation of the Services"). In such a case, the Client will not be entitled to any refund and must pay all his outstanding invoices in full.
  2. The Company may, by 48 hours prior notice to the Client, terminate and / or suspend the Services, in full or in part, temporarily or permanently, at its sole discretion, without any explanation. In such a case, the Client will not be entitled to any refund.
  3. A Client who received Services from the Company and for whom no actual payment has been made shall not be entitled to any compensation and / or refund, if any, in the event of cancellation of the Agreement and / or cessation of Services under this section.
  4. Without derogating from the foregoing, the Company may terminate and / or restrict, on a permanent or temporary basis, the provision of the Services (including removal of Content) to the Client under this Agreement, without prior notice and without the need for any refund in the following cases:
    1. The Company determined that the Client breached the Agreement including Section G of this Agreement.
    2. The Client did not a pay his monthly fees for the Services he received from the Company.
    3. The Client uses the Services he received from the Company in a manner that the Company believes that it may interfere with and / or harm the performence of the Services provided by the Company to him and / or to others;
    4. The Client uses the Services he received from the Company in a manner that the Company believes may infringe upon the right and / or a protected interest of the Company and / or a third party;
    5. The Client uses the Services he received from the Company in a manner that the Company believes constitute a civil and / or criminal wrongdoing;
    6. The Client uses the Services he received from the Company in a manner that the Company believes constitutes a violation of morality and / or public policy;
  5. In order to remove any doubt, it should be emphasized that in any event, the cessation and / or restriction of the Services as stated above does not detract from the Client's obligation to pay the Company for the Services, late penalties, and collection expenses.

M. Jurisdiction and Applicability of Laws

This Agreement shall be governed by Israeli law only and shall be interpreted in accordance with the provisions of this law only. The appropriate court in Tel Aviv shall have sole jurisdiction to adjudicate any matter or matter relating to or deriving from this Agreement.

N. Other Terms

  1. This Agreement fully and exhaustively expresses the consent of the parties to the matters and matters discussed therein, and supersedes and cancels any representation, agreement, negotiation, practice, memoranda, and any other document that has existed or been exchanged between the parties on such matters.
  2. The Company reserves the right to act and / or to conduct and / or enforce its rights in a different and unequal manner between Clients, at its sole discretion.
  3. The Client declares and agrees that no use or delay in use by the Company in any of its rights under this Agreement or under any law shall be deemed a waiver by the Company of the said right.
  4. Any change or addition to this Agreement shall be effective only if made in writing and with the Agreement of the parties.
  5. Waiver, discount, modification, or anything else that may have been given to the Client or taken from the Client by the Company shall not be used as a precedent for another case for that Client unless expressly stated in writing.

O. Notices

  1. The Company may give notice pursuant to this Agreement by any means of contact in the Client's profile of the Website and it will be effective when sent.
  2. Email messages from the Company to the Client will be considered written messages and deemed effective when sent.
  3. If the Client fails to provide valid and current contact information as required, he waives his right to receive notices under this Agreement during the period of such failure.
  4. The Company may also give notices by posting information within the Website and will be deemed effective when 3 days after it was posted.
  5. The Client may give notices to the Company by phone to (074) 728-9877 or by email to info@rosalind.co.il or by using the contact form in the Website or by Postal mail to:

    Rosalind MSS Inc.
    42 Jabotinski Rd.
    Ramat Gan, 52485
    Notice will be deemed effective when the Company actually receives it.