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IMS - Cloud Product Delivery and Governance Policy

Welcome to IMS - Cloud. By accessing, using, or purchasing any Products and Services from IMS - Cloud, you acknowledge that you have read, understood, and agree to the provisions of this Product Delivery Policy. This policy is established to provide transparency on how Products and Services are delivered and to ensure compliance with the Service Level Availability ("SLA") and Acceptable Use Policy ("AUP"). This policy also aims to set clear expectations regarding service access, delivery standards, and customer responsibilities, fostering an effective collaboration between IMS - Cloud and its customers.

1. Delivery of Digital Products and Services​

All Products and Services provided by IMS - Cloud are digital in nature and are delivered electronically to the Customer's Account. Upon receipt of payment and successful registration, Customers will gain access to the digital services purchased. This includes, but is not limited to, cloud storage, computing services, and online network services. IMS - Cloud makes concerted efforts to ensure that the digital products are accessible to the Customer without delay, providing a seamless integration of these services into the Customer's existing infrastructure. Our objective is to ensure that every customer interaction with IMS - Cloud is efficient, reliable, and results in a positive experience.

Delivery is confirmed once the Customer is notified by email and is able to access the purchased Product or Service within their Account dashboard. Customers are encouraged to verify that they have received the necessary access permissions or product licenses promptly to avoid any interruptions or delays in their operations. In the event of any discrepancies, IMS - Cloud support is available to assist with resolving access-related issues in a timely manner. By verifying the delivery as soon as possible, customers help ensure the uninterrupted continuity of their business operations.

2. Product Availability and Access​

IMS - Cloud commits to maintaining a high level of availability for its Products and Services as specified under our SLA. Specifically, we aim for 99.9% uptime, which allows for minimal unavailability—no more than 8 hours of downtime in any 12-month period ("Service Year"). While we strive to provide continuous and uninterrupted service, certain exceptions to availability may apply as detailed under our SLA and AUP, including but not limited to:

  • Downtime caused by scheduled or emergency maintenance.
  • Circumstances beyond IMS - Cloud's control (e.g., Force Majeure events).
  • Unavailability due to third-party services, telecommunications failures, or other acts outside our control.

To further ensure the robustness of service availability, IMS - Cloud employs multiple data redundancy mechanisms and performs regular audits of its infrastructure to mitigate the risks of unexpected service interruptions. Customers can be confident that the availability of our services remains a top priority, backed by comprehensive measures designed to prevent downtime and maximize uptime. Nevertheless, in rare circumstances where downtime may occur, we are committed to communicating promptly and transparently about the nature of the issue and providing support to mitigate any negative impact.

3. Delivery Timeframes and Activation​

Upon successful payment confirmation, most Products and Services are activated and delivered instantly. For products that require configuration or customized setup, delivery times may vary, and an estimated activation time will be provided. Customers will be informed of any delays beyond normal delivery windows and may contact customer support for status updates. IMS - Cloud aims to be fully transparent regarding delivery timelines, and our customer support team is always available to answer questions regarding activation status.

For bespoke or highly customized services that involve specific configurations or integrations, IMS - Cloud will work closely with Customers to ensure all necessary steps are taken to provide the service in accordance with their operational requirements. This collaborative approach helps minimize any misalignment in service expectations and ensures that each Product or Service is tailored precisely to meet Customer needs. Regular communication is a key aspect of our service delivery process, allowing IMS - Cloud to offer personalized support for more complex requirements.

4. Compensation for Unfulfilled Services​

If IMS - Cloud fails to meet the SLA's delivery and availability commitments, the Customer may be eligible for compensation. Specifically, if IMS - Cloud does not maintain 99.9% uptime for a Service Year, Customers may receive a credit for up to one month of service (up to a value of USD $5,000), limited to one claim every 12 months. Eligibility for compensation is subject to meeting the conditions outlined in the SLA, such as submitting a written claim to customer support within 14 days of the incident.

It is important for Customers to document any service interruptions accurately and report them promptly in order to qualify for compensation. This helps IMS - Cloud to assess the situation comprehensively and provide any eligible credits without delay. Compensation is intended to acknowledge any inconvenience caused by our inability to meet the SLA commitment, thereby reinforcing our commitment to providing dependable and high-quality services. We consider Customer satisfaction as integral to our operations and strive to make sure that any disruptions are addressed fairly and efficiently.

5. Customer Responsibilities​

Customers are responsible for maintaining their access credentials (e.g., username, password) and ensuring secure use of their Account. IMS - Cloud is not liable for any delays or failures in delivering Products or Services resulting from the Customer's failure to provide accurate information or to comply with the security obligations described in our AUP. Customers must take the necessary precautions to secure their access credentials and avoid unauthorized access, which may include using strong passwords, enabling multi-factor authentication, and regularly reviewing account security settings.

Furthermore, Customers are responsible for notifying IMS - Cloud of any issues or delays in product delivery within a reasonable time after such issues arise. Claims made beyond a reasonable timeframe or without sufficient supporting information may be deemed ineligible. Customers must be proactive in their communications with IMS - Cloud to ensure timely resolution of any problems. Collaboration and communication are essential to the effective management of services and maintaining the highest level of quality and customer satisfaction.

6. Prohibited Activities Affecting Product Delivery​

Customers must adhere to the guidelines set forth in the AUP. Any activities that violate the AUP may lead to suspension of service delivery, termination of the Account, or additional remedial actions. Prohibited activities include, but are not limited to, spamming, use of illegal content, hacking, misuse of network resources, or fraudulent actions.

Any violation of this policy may affect the delivery and accessibility of the Product or Service purchased. IMS - Cloud reserves the right to cease delivery and suspend an Account if the Customer’s activities put IMS - Cloud at regulatory, legal, or reputational risk. Customers are therefore advised to conduct their operations in full compliance with applicable laws and regulations, ensuring that they do not expose IMS - Cloud or themselves to unnecessary risks. Any misuse that threatens the integrity of the platform will not be tolerated, and strict actions will be taken to ensure the continued safety and availability of services for all users.

7. Force Majeure​

Neither IMS - Cloud nor the Customer shall be held liable for any delays or failures in delivery resulting from events of Force Majeure, including but not limited to natural disasters, acts of God, wars, riots, strikes, or government restrictions. In the occurrence of such an event, both IMS - Cloud and the Customer shall make all reasonable efforts to mitigate the effects of the delay or failure in service. During these times, IMS - Cloud will maintain communication to keep Customers informed of the status and expected timeframes for resumption of normal services.

Force Majeure clauses are intended to provide clarity and protection for both IMS - Cloud and our Customers in the face of unforeseen circumstances that are outside the reasonable control of either party. Customers are encouraged to have contingency plans in place that account for potential disruptions due to Force Majeure events, particularly for mission-critical operations that rely heavily on IMS - Cloud's services.

8. Changes to This Policy​

IMS - Cloud reserves the right to modify or amend this Product Delivery Policy at any time. Any such changes will be communicated to the Customer through the IMS - Cloud website or via email. Continued use of IMS - Cloud’s Products and Services after changes to this policy constitute acceptance of the updated terms. Customers are encouraged to review this policy periodically to stay informed of any updates.

Changes to this policy may occur in response to evolving industry standards, regulatory requirements, or new service offerings. By maintaining flexibility in our policies, IMS - Cloud seeks to adapt and provide the best possible experience for our Customers, while ensuring compliance with applicable legal standards and maintaining our service quality. Transparency remains central to these adjustments, as IMS - Cloud strives to maintain open communication and uphold trust with all our stakeholders.

9. Contact Information​

For questions or concerns regarding product delivery, please contact IMS - Cloud customer support at . Customers are encouraged to contact support promptly for any issues relating to the delivery of Products or Services. Our support team is committed to providing high-quality service and will endeavor to address any inquiries or concerns in a timely and efficient manner.

The communication between IMS - Cloud and our Customers is vital for optimizing service delivery and satisfaction. We value feedback and input from our Customers as an integral part of our continuous improvement process. For complex issues or cases that require escalation, our support team is trained to facilitate smooth resolutions and provide comprehensive guidance.

10. Jurisdiction​

This Product Delivery Policy is governed by the laws of the State of Israel, with the competent courts of Tel Aviv as the sole and exclusive place of jurisdiction for any disputes arising from this policy. Both IMS - Cloud and the Customer agree to submit to the jurisdiction of these courts, ensuring that any legal proceedings are conducted in accordance with the governing laws.

Understanding the jurisdictional provisions of this policy is crucial for all Customers, particularly those operating in different geographical regions. The choice of jurisdiction aims to provide clarity and predictability in the event of any legal disputes, fostering a stable legal framework for the resolution of any issues that may arise during the engagement with IMS - Cloud.