General Terms and Conditions for Reception of The Israeli Network’s Broadcast
The following terms will have the meaning ascribed to them, unless the context suggests otherwise:
1.1Subscription Fee – Payment for the Initial Service Period and any Extension Period, as applicable. The sum of the payment will be determined by the Company’s pricelist which is in force and effect at the time of each payment.
1.2The Agreement – The Service order form and the terms and conditions detailed in the Agreement.
1.3The Company – IVP – Ivory Video Productions Ltd., Company number: 512212028.
1.4The Address – The address of the Subscriber, whose information is given to the Company’s Call Center, as may be updated from time to time by the Subscriber, by notifying the Company’s Call Center.
1.5Verification Process – Subscriber confirmation that the Subscriber has received the Smart Card while providing verifying details to the Company’s satisfaction.
1.6The Subscriber – The person receiving the Service, whose information and all required details are specified on the Service order form, which is an integral part of the Agreement.
1.7The Israeli Network – A Hebrew speaking channel broadcasting to subscribers all over the world, except Israel.
1.8Termination of Service – complete termination of the Service to the Subscriber.
1.9The Service – The television broadcast of The Israeli Network all over the world, except Israel.
1.10Smart Card – The card which enables the decryption of The Israeli Network’s broadcast.
1.11Cessation of Service – A temporary cessation of the Service.
1.12Reception Equipment – All the equipment required for reception of The Israeli Network, including a satellite dish and a
2.1The Agreement shall become effective upon approval from the credit card Company regarding the credit card information, to be provided to the Company by the Subscriber for the payment of the Subscription Fee or handling fee and the delivery of the Smart Card, (whichever comes first) and shall remain valid for a period of 12 months which will then be automatic renew for additional periods of 12 months each.
2.2The above notwithstanding, the number of the days included in the Initial Service Period shall not include the days until the Subscriber receives the Smart Card from the Company and completes the Verification Process.
2.3The Company reserves the right to change the Agreement and/or any part of thereof at any time, by notifying the Subscriber at least a month prior to the date the change takes effect. In addition, the Company may change the Agreement and/or any part herein at the end of the Initial Service Period and/or any extension thereof. A notice to the Subscriber shall be made in accordance with section 7.5 hereunder.
3.Subscriber’s representations and undertakings
3.1The Subscriber herby represents that the information he/she gave the Company is accurate and true, including the credit card information.
3.2The Subscriber undertakes to pay the Company the Subscription Fee via credit card and/or any other payment method the Company accepts, as the Company may change from time to
time. The Subscriber agrees that, prior to each renewal date of the Agreement, the Company will charge the Subscriber by means of the billing information he/she provided to the Company in respect of the Subscription Fees for the relevant renewal period. The Subscriber undertakes to bear any possible collection expenses, including legal fees if for any reason arising from the Subscriber or related to the Subscriber said payment for the Subscription Fee will not be carried out.
3.3The Subscriber acknowledges that the Company reserves the right to occasionally change the Subscription Fee. Such change will be in force and effect with respect to the Subscriber only during the next Extension Period of the Agreement and after the Subscriber is informed about such change by means specified in section 7.5
3.4The Subscriber hereby consents that upon a request of an official authority, which will be examined by the Company’s legal advisor and deemed valid, the Company will disclose any information it has about the Subscriber to said authority, without any need for the Subscriber’s permission, and/or informing the Subscriber about the disclosure of the information.
3.5The Subscriber hereby acknowledges that all broadcasted content on the Israeli Network is protected by copyright laws and regulations and he/she undertakes not to make any use of said content in a way which conflicts with the Agreement, including section 4 in particular, as well as not to infringe the creators and performers rights, including but not limited to, copying, selling or transferring, etc. the content to a third party, whether for consideration or not.
4.The Smart Card and the Reception Equipment
4.1In exchange for receiving and using the Smart Card, including its delivery and service fees, the Subscriber will make a
4.2The Subscriber acknowledges that the Company can block and/or cancel the Subscriber’s reception of the Israeli Network broadcast via Smart Card, using remote technological means and in the event the Subscriber will violate the aforementioned sections, the Company reserves its right to use such means.
4.3The Subscriber undertakes to use of the Smart Card only for watching the Israeli Network, at the given address, for private use, and not for any commercial uses, unless he/she received an advanced written approval from the Company.
4.4The Subscriber undertakes to watch the Israeli Network broadcast only with the Smart Card sent to him/her by the Company, whose details are confirmed during the Verification Process.
4.5The Subscriber undertakes not to transfer the smart card to any third party. The Subscriber acknowledge and warrants that any unauthorized use of the Smart Card and/or any attempt to duplicate, disassemble or copy the Smart Card shall be deemed a violation of the Company’s rights.
4.6The Subscriber hereby acknowledges that that the Smart Card is exclusively owned by the Company. The Subscriber undertakes that at the Company’s request, at the end of the term of the Agreement for any reason whatsoever he/she will return the Smart Card to the Company.
4.7The Subscriber hereby acknowledges that the Company reserves the right to replace the Smart Card from time to time and cancel the previous Smart Card. If for any reason, the
Subscriber does not receive the new Smart Card, the Subscriber must notify the Company. The Company shall do everything in its power to notify as early as possible to Subscriber about the replacement of the Smart Card. The Company reserves the right to determine that, in the event that the Company will change the encoding system it uses to provide the Service, the cost of replacing the Smart Card, in accordance with the Company’s pricelist at the time of payment, will be covered by the Subscriber, with respect to a single replacement of the Smart Card within 12 consecutive months. If the Subscriber will not reimburse the Company for the new Smart Card the Company may, at its sole and absolute discretion, shorten the Initial Service Period or the Extension Periods (as applicable) by the time period reflecting the cost of replacing the Smart Card, in accordance with Company’s pricelist at that time, or refrain from providing the Subscriber the Smart Card, in which case the counting of days of the subscription period will be frozen and the Service will be suspended until the Subscriber either pays for the Smart Card, or the elapse of 90 days, and thereafter the counting of the remaining days of the subscription will renew.
4.8The Subscriber shall immediately notify the Company about any loss and/or theft and/or damage done to the Smart Card. The Company shall cancel said Smart Card and send the Subscriber a new Smart Card within a reasonable timeframe, the Company may charge the Subscriber for the replacement.
4.9If the Smart Card does not work, the Subscriber shall immediately notify the Company. The Company shall cancel said Smart Card and send the Subscriber a new one within a reasonable timeframe. If the Subscriber receives a defected Smart Card from the Company (such that the Smart Card was initially unusable) the Company will replace the Smart Card without any additional charges to Subscriber. In any other event and/or in the event that the Company will not receive back the defected Smart Card, for whatever reason, the Company may charge the Subscriber for the replacement, in accordance with the Company’s pricelist at that time.
4.10Subject to Sections 4.8 and 4.9, the Company shall not be liable for any damage done to the Smart Card and/or any malfunction it may have, except if the Subscriber receives a defected Smart Card from the Company.
4.11The Subscriber acknowledges that the provision of the Service is conditioned upon the installation of the Reception Equipment and without it the Service cannot be provided. The counting of days of the Subscriber’s Initial Service Period or the Extension Periods (as applicable) will start once the smart card will be activated by the Customer. The Company may provide Subscriber with a list of vendors, from which Subscriber can purchase Reception Equipment and/or install said equipment. Nothing in this Section 4.11 shall derogate from Section 4.12
4.12The Subscriber acknowledges that the Subscription Fee only covers the Service and does not include the provision of the Reception Equipment and the Smart Card and/or any part thereof and/or the installation of the Reception Equipment and the Smart Card and/or any part thereof.
4.13The Subscriber acknowledges that he/she has the sole responsibility for the Reception Equipment installed in his/her home or property and for the Smart Card, and that any action done in connection with the Reception Equipment and the Smart Card, including their installation and/or adjustment to receive the Israeli Network’s broadcasts, will not be carried out by the Company and/or be deemed to be Company’s responsibility, even if done by a vendor whose details were provided to the Subscriber by the Company. Ordering any of said
vendors is the sole responsibility of the Subscriber and the Company shall not be responsible for any damage caused to Subscriber.
5.Limitation of Company’s Liability
The Subscriber acknowledges, agrees and confirms as follows:
5.1It was explained to him/her and he/she is aware that the Company does not provide any warranty regarding the content broadcasted by the Israeli Network or its schedule and that the Company reserves the right, in its sole and absolute discretion, to change the schedule, including the removal or addition of content to the broadcasting schedule, without any advanced notice.
5.2It was explained to him/her and he/she is aware that the Israeli Network features commercials during and in between the programs.
5.3It was explained to him/her prior to his/her engagement in the Agreement that the quality of the Israeli Network’s reception depends on various factors which are not under the control of the Company, including satellite systems, the quality of Subscriber’s home equipment and so on. Therefore, the Subscriber hereby waives any claim, right , demand or action against the Company or any of its employees, directors, shareholders, agents and representatives for any reason whatsoever regarding the quality of the Service and/or any other malfunction which is out of Company’s control.
5.4The Subscriber hereby waives any claim, right, demand or action against the Company or any of its employees, directors, shareholders, agents and representatives for any reason whatsoever regarding the Cessation of Service, whether for a particular period of time or permanently, subject to Section 6 below.
5.5The Company, its employees, directors, consultants and/or representatives shall not be responsible for any direct or indirect damage and/or loss and/or expense, whatever the cause may be, including, but not limited to, unusual and/or consequential and/or Incidental and/or punitive and/or probable damage, which will be caused to the Subscriber and/or anyone on its behalf in connection with or as a result of the Service and/or the Termination of Service and/or Cessation of Service, excluding direct damages caused by willful misconduct.
5.6The Company may replace the satellite it utilizes for its broadcasts of The Israeli Network and/or the frequency it transmits in, without any prior notice to the Subscriber and the Subscriber hereby waives any claim and/or demand and/or action against the Company and/or its representatives regarding the replacement of the satellite and/or the frequency and/or any of its consequences.
6.Termination of Service and Cessation of service
6.1The Company may disconnect or terminate the Service to the Subscriber on the day the Initial Service Period or any Extension Period ends, unless prior to such date, the Parties agree to extend the Service period by an additional Extension Period and the Subscriber pays for such additional Extension Period.
6.2In each of the following events, the Company may disconnect or immediately terminate the Service to the Subscriber, except that if the breach may be remedied, the Company shall provide the Subscriber with a 7 days prior notice of its intention to do so and during such seven days the Subscriber failed to remedy the breach, and Subscriber shall not be entitled to receive any refund for the Termination or of Service or the Cessation of Service:
6.2.1 Payment for the Service will not be carried out and/or cancelled for any reason.
6.2.2In any event in which the Smart Card is used in violation of the terms of the Agreement.
6.2.3In any event in which the Subscriber breached the terms of Sections 3 and/or 4.
6.2.4In any event in which the Subscriber materially breached the Agreement.
6.2.5In any event in which it is necessary in order to protect the Company’s system.
6.3The Company may terminate the Agreement, for any reason whatsoever, in its sole and absolute discretion, by providing Subscriber with a 30 days advanced notice. In such event the Subscriber will only be entitled to a proportionate refund of the Subscription Fee it paid, according to the period left until the end of the Agreement, provided that none of the events described in Section 6.2 occurred.
6.4In the event that the Company will no longer provide the Service in the territory in which the Subscriber is located, for any reason, the Company may terminate the Service for the Subscriber. In such an event the Subscriber will only be entitled to a proportionate refund of the Subscription Fee, according to the period left until the end of the Agreement, provided that none of the events described in Section 6.2 occurred.
6.5The Subscriber is entitled to cancel the Agreement, at any time, by notifying the Company verbally or in writing. The Subscriber will be entitled only to a proportionate refund of the Subscription Fee, according the period left until the end of the Agreement, provided that none of the events described in Section 6.2 occurred. In the event of such cancellation notice, the Agreement will terminate within 3 business days from the day the notice of cancellation was given to the Company.
6.6Freezing the Service
6.6.1The Subscriber’s request to freeze the Service must be made 24 hours prior to the requested date. The Service freeze will take effect within no more than 48 hours, and the Smart Card will stop working at that time.
6.6.2In order to freeze the Service the Subscriber must provide the Company with the Smart Card’s number, the credit card charged for the Service, Subscriber’s name and address.
6.6.3The minimal freezing period is one (1) month, the maximal freezing period is three (3) month.
6.6.4The Company will charge the Subscriber, upon requesting the freeze, handling fee for the freeze, according to the Company’s pricelist, which may be adjusted from time to time by the Company in its sole discretion.
6.6.5The Subscriber must contact the Company in order to resume the Service and reactivate the Smart Card. Reactivation of the Service will take place within three business days of the Subscriber’s request.
6.6.6The Service period for the Subscriber will be extended in accordance with the duration of the actual freeze, and shall be added at the end of the Initial Service Period or the current Extension Period, as applicable.
6.7If either party terminates the Agreement, for any reason, the Company will immediately stop providing the Service.
7.1The Subscriber may not transfer and/or assign and/or sell and/or lease its rights and/or obligations under the Agreement to any third party without Company’s advanced written consent. The Company may transfer and/or assign and/or sell and/or lease its rights and/or obligations under the Agreement to any third party without Subscriber’s consent, as long as the Subscriber’s rights under the Agreement are not affected.
7.2This Agreement shall be governed and interpreted by the law of Israel without regard to its choice of law provisions. The competent courts of
7.3Any amendment, alteration, or addition to the Agreement will only be valid if they are made in writing and published in the Company website.
7.4Delay or failure to exercise any right or remedy will not be construed as a waiver. Any partial exercise of a right, authority or a remedy will not be deemed as exhaustion of such right, authority or remedy, or as a waiver of the unexercised part thereof.
7.5Notice from the Company to Subscribers may be given via the Israeli Network by advertisement in reasonable scope that the Company will determine to be sufficient and/or via telephone and/or in writing and/or fax and/or email to the address or phone and fax numbers given to the Company in the Service order form, which may be updated by the Subscriber from time to time by notifying the Company. A written notice sent by the Company shall be deemed to be delivered seven days after it has been sent via mail.
7.6Notice from a Subscriber to the Company will be given by telephone
7.7The provisions of the Agreement are drafted in the masculine form for convenience purposes only and they apply to both male and female.
7.8Only Hebrew version of this document is the binding version and in any case of discrepancies and/or contradictions between the English version and the Hebrew version of this document, the Hebrew version shall prevail.