1. The Adelante Ltd, an Israeli company no. 516306438 (hereinafter: “Adelante,” “Company,” “us,” “our,” or “we”) exclusively owns the Site, Management Tools, and the Services offered on it.
1. “User” – You and anyone who uses the Site or Services. The use includes, but is not limited to, reading, browsing or viewing content, ordering services or goods, making a payment, or transferring information.
2. “Platform” – the hardware, peripherals, communications, software, and any infrastructure or means necessary for the provision of Services to the User, including the Zendesk system.
3. “Services” – shall include the definition and implementation of tools for improving digital information management processes as agreed between the parties, which will be carried out during the use of the Platform.
4. “User Information” – original information of the User.
5. “Access Means” – means required for accessing the Platform, including any User’s computerized systems.
6. “Quotation” – all details and conditions, in their most up-to-date version, as sent to you or presented on the website.
3. Statements of the parties
3. The User declares its full awareness that the Services success depends on the User’s full and that continuous cooperation with our work is required, as per the processes and conditions specified in the Quotation.
4. The User declares that it has everything needed for implementation of the Services and that the User will be the sole responsible for the continuity, availability, and correctness of the User Information, and the compliance of all with the provisions of any applicable law.
4. The Services – Without derogating the above generality definitions, the User is entitled to the services listed below:
1. The User will present us its business and operational processes.
2. We will study, examine, and summarize by writing your operational processes and will set a definitions document of relevant Services specifications, settings, platforms, and processes (hereinafter: “Definitions Document“).
3. The Definitions Document will be examined thoroughly by the User to ensure that it encompasses all the User’s relevant business and operational processes. Moreover, The User will ensure that the Services meet its requirements and needs as per the Definitions Document. The User’s response to the Definitions Document will be sent back to us Within five business days.
4. Per our consideration, We will update the Definitions Document as per User comments and forward the updated Definitions Document back to the User. The User will re-review the updated Definitions Document, and we will re-update the Definitions Document. The described process will continue until the User’s confirmation of the Definitions Document.
5. Per User’s Definitions Document approval (hereinafter: “Definitions Approval“), we will carry out the task of performing the Services and.
6. Upon completion of the Services implementation and its delivery to the User (hereinafter: “Delivery Date“), the User will perform internal tests for a period not exceeding 21 business days (hereinafter: “Test Period“).
7. It is agreed that during the Test Period, Adelante will have no responsibility regarding the quality or integrity of the Services, and that the User will make sure that it is ready to run all needed tests, and that it has backed up its data before the Test Period.
8. Till the end of the Test Period, the User will report us by writing any error as per the Definitions Document (hereinafter: “Error“). We will correct the reported error.
5. Payment Terms
1. We will be entitled a Fee from the User for our Services As per the Quotation instructions (hereinafter: “Fee“). VAT will be added to the Fee per any applicable law.
2. The Fee Payment will be paid by the User’s credit card. The credit card details will be delivered to us in advance and will remain in our possession.
4. The customer has the right, within the first 30 days after the Delivery Date, to request a cancellation of the Services and receive a refund of the Fee.
6. Ongoing Service
1. Adelante undertakes its availability for an initial response within 48 hours of User’s service calls relating to a malfunction of the Services, during the first 30 days after the Delivery Date.
2. Service calls may be sent to the e-mail address email@example.com and\or by a telephone call to +18594702075.
3. It is clarified that section 7.1 above is not a commitment of the period needed to correct any malfunction and\or to change or reduce the User’s Fee payment obligations.
7. Liability limitation
1. The User will be solely responsible for the Platforms and the Platforms providers, will bear the full costs and obligations of it, and will be required to approve any required documentation for the use of the Platforms and\or requested by the Platforms providers.
2. Note that no guarantee is granted that there will be no temporary, continuous, full, or partial Services malfunctions, including as a result of failures, changes, or updates of the Platforms (Hereinafter: “Platform Malfunctions“).
3. As Platform Malfunctions will occur, we will make commercially reasonable efforts to solve the malfunctions per the agreed service terms between us. Nevertheless, we will have no responsibility for the integrity, update, or continuity of the Services in case of change or update of the Platform and\or Platforms providers services.
5. In the case that a court of law will find us responsible for any damage, cost, or lack of profit, It is agreed that our maximum liability, compensation, or indemnification will not exceed your last Fee paid to us.
6. We will not be responsible for storing or saving any of your or any third-party data, User Information, or Processed Information.
8. Access to information
1. The accurate and continuous Access Means that You will provide us are necessary for the Services implementation. You are required to update us in advance by writing of any change or update of the Access Means, which may affect the access and implementation of the Services. You release Us from any liability or claim regarding a Services malfunction due to Access Means issues.
2. We will maintain the Access Means securely and reasonably, but it is not guaranteed that our Services, and the Access Means are immune from unauthorized third parties, and you release us from any liability or claim regarding such unauthorized access.
9. Advertising content
1. You authorize us to bring to your attention advertising content, marketing, and various recommendations, which We Believe that you may find interest in (hereinafter: “Advertising Content“). We may share with you Advertising Content via e-mail and/or during Your use of our Services.
2. At any time, you may request us to stop bringing to your attention Advertising Content by e-mail or using dedicated tools that will accompany the Advertising Content.
3. Note that none of the Advertising Content constitutes our recommendation or encouragement in purchasing services, assets, or products. We are not a party to any presentation or contract between You and the advertiser, and that you release us from any liability related to Advertising Content and/or Advertising Content service providers.
10. External links
1. While you use the Services, you may find links to various sites on the Internet, which are not operated or published by us. (hereinafter: “External Links“).
2. We do not undertake that External Links will lead to an active website, their reliability, correctness, or compliance with the law’s requirements. We are not a party to any contract with any external link publishers and will not be liable for any debt due to damage, expense or loss caused or were allegedly caused in connection with third parties with External Links.
1. Any information of you and us will be treated by the other as Confidential.
2. Neither of you or us will disclose the other’s information to a third party if the disclosed information is not a common public domain already, or without the other’s party explicit written consent, or in accordance with a legal requirement, or during a dispute resolution proceeding between you and us in the court of law.
3. For the avoidance of doubt, confidentiality will apply to all information that reaches us from you due to our Services to you, which does not constitute public domain but constitutes a trade secret per the provisions of the Israeli Commercial Torts Law, 1999.
11. Intellectual Property
1. “Adelante,” the Services, and any idea, patent, design, trademark, Definitions Document, software code, drawing, or any part thereof are the exclusive property of Adelante (hereinafter: “IP“).
2. Notwithstanding the foregoing in Section 13.1, We will not use the Definitions Document or software code developed specifically for you for our Services to any third party.
4. You are prohibited from transferring, selling, renting, publicly broadcasting, copying, or reproducing the Services or Services’ content.
5. None of your comments or proposals regarding the development and/or design and/or improvement of the Services will give you no right in Adelante or the Services, and you give us a worldwide license to use those for no cost.
12. Termination of the contract
We reserve the right to change, discontinue and/or suspend the activity of the Services, in whole or in part, temporarily or permanently, by our own discretion and without prior notice, or being required to provide a justification or explanation, and you hereby waive any claim and/or demand in this regard.
7. Notices. Notices to you shall be delivered through your e-mail address or postal address and shall be deemed to have been received by you, and shall be effective, (i) on the day given, if personally delivered or if sent by confirmed e-mail or (ii) on the third day after which such notice is deposited, if mailed.
14. Adelante- Contact details
Company Name: Adelante
Address for letters: Ehad Haam 9 Tel Aviv, Israel
Last update: 05/02/2021