1. Definitions
1.1 "Act" means the Telecommunications Act 1984 (including any modification or re-enactment of the statute and all legislation, orders and regulations issued under that statute or passed or made in substitution for the same).
1.2 "Action(s)" means and Tracking Events and/or an Offline Action.
1.3 "Automatically Provisioned Numbers" and "Automatic Provision" mean any Telephone Number(s) automatically provisioned by the Infinity Tracking Code in accordance with clause 3.11.
1.4 "Business Day" shall mean the hours between 9:00 am and 5:00 pm London Time, Monday to Friday excluding UK bank holidays.
1.5 "Call" shall mean a two-way voice communications session connecting a Caller's telephone to a Customer's telephone.
1.6 "Call Detail Records" means all and any data relating to an individual call (including but not limited to the Caller ID, the number called, the time, date and duration of the call, the disposition of the call and lead and sales data) but excludes the actual call recording.
1.7 "Caller" shall mean a person who dials a call via a Call Tracking Number.
1.8 "Caller ID" shall mean the caller identification telephone number, as provided by the Caller's Local Exchange Carrier, where and when available.
1.9 "Call Recording" shall mean a computer based recording of a Call, stored on the Infinity Tracking Platform.
1.10 "Call Tracking Number" shall mean a telephone number assigned by Infinity Tracking that a Caller may dial to be connected to Customer at the Destination Telephone Number.
1.11 "Code" means any code of practice issued by PhonepayPlus relevant to Service(s), that may be issued from time to time and any code of practice issued by OFTEL or OFCOM in relation to telecommunication services or the Numbering Code or Numbering Conventions.
1.12 "Cost per Call" means the service fee if applicable for any and all calls lasting one (1) second or more.
1.13 "Confidential Information" shall mean: (i) information or material that gives or could give the disclosing party some competitive advantage or the disclosure of which could be detrimental to the disclosing party's interests; (ii) all information (in writing or otherwise) concerning the disclosing party (including, without limitation, information concerning the disclosing party's business, assets, liabilities, operations, affairs, financial condition, projections, contracts, customers, products, ingredients, formulations, plans, prospects or government or agency investigations) which is not generally known by the public. Without limiting the generality of the foregoing, Infinity Tracking acknowledge that the information that Infinity Tracking obtains about any Customers in the course of providing the Services shall be considered Confidential Information. Notwithstanding the above, "Confidential Information" does not include any information or material that (i) is or becomes public knowledge otherwise than by an act or omission of the receiving party; (ii) is or becomes available to the receiving party without an obligation of confidence from a source (other than the disclosing party) having the legal right to disclose the information; or (iii) is already in the receiving party's possession in documented form without an obligation of confidence.
1.14 "Default" means any breach of the obligations of either party (including but not limited to fundamental breach or breach of a fundamental term) or any default, act, omission, negligence or statement of either party, its employees, agents or sub-contractors in connection with or in relation to the subject matter of this Agreement and in respect of which such party is liable to the other.
1.15 "Destination Telephone Number" shall mean the telephone number designated by the Customer to receive Calls when a tracking number is called.
1.16 "Fees" means the one-off and monthly fees payable for use of the Service(s) as quoted by Infinity Tracking in writing to the Customer (except in cases of obvious error) and accepted by returning the signed Infinity Tracking Order Form.
1.17 "Toll Free Number" shall mean an 800 type service that is free to the caller where available.
1.18 "Infinity Tracking Code" means all and any software, JavaScript code or any other code provided or made available by Infinity Tracking for inclusion in any Customer website.
1.19 "Infinity Tracking Platform" shall mean Infinity Tracking's Portal tracking systems and API service.
1.20 "Inbound Channels" means lines used to receive inbound calls to Infinity Tracking's network.
1.21 "Intellectual Property Rights" means all patents, copyrights, design rights, trademarks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world.
1.22 "Local Number" shall mean an local Telephone Number where available.
1.23 "Manually Provisioned Numbers" and "Manual Provision" mean any Telephone Number(s) provisioned when a User requests a number through the Infinity Tracking Platform in accordance with clause 3.12
1.24 "Minimum Term" means a minimum term of this Contract which is 1 month for Infinity Call Tracking Standard, 3 Months for Infinity Call Tracking Professional, 12 Months for Infinity Call Tracking Enterprise Editions and 12 Months for Infinity Hosted PBX
1.25 "Minute Charges" means all and any minute charges and minimum minute charges as set out the Infinity Tracking call tariff located on our website. https://www.infinity.co/knowledge-base/article/call-tariff. Unless specifically stated as different in the Order Form.
1.26 "Modification" means any version of the Service and any release of the Software which corrects faults, adds functionality (whether requested by the Customer or not) or otherwise amends or upgrades the Service or Software.
1.27 "Non-geographic Number" shall mean an 08 or 03 prefixed telephone number for the UK or any Toll-Free number for the US.
1.28 "Offline Action" means connection of a Call to the Destination Telephone Number and optional Operator Call Rating.
1.29 "Tracking Events" means (i) the occurrence of a tracking trigger which will be a page view on an event sent into our platform through the API or triggered from the web page which may include (without limitation) completion of an online form, downloading a specific file.
1.30 "Operator" shall mean a person who answers Calls on behalf of Customer, regardless of the title given to such person by Customer.
1.31 "Operator Call Rating" shall mean a selection of options read out to the Operator at the end of the call in order for the operator to rate the call. The call rating and any transaction value information will be stored on the Infinity Tracking Platform for any user to view.
1.32 "Order" shall mean a request for Service submitted by the Customer to Infinity Tracking, including but not limited to the submission of order data to Infinity Tracking's website or Infinity Tracking's Platform or to Infinity Tracking via email.
1.33 "Order Form" means the Infinity Tracking Order form which details the quoted service and fees to the Customer
1.34 "Originating Telephone Number" shall mean the Caller's telephone number.
1.35 "Personal Data" has the meaning set out in Part 1 Section 3(1) of the Data Protection Act 2018 and relates only to personal data, or any part of such personal data.
1.36 "PhonepayPlus" - means PhonepayPlus, Federal Communications Commission or any other independent body appointed to supervise and administer telephone information services, and which is recognised by the Director General of Telecommunications (or anybody that shall take its place), as an appropriate body to apply and administer the Code.
1.37 "Service(s)" shall mean the Infinity Tracking service described in clause 3.1.
1.38 "Setup Date" We will setup your account ready for this date, at this point you will have access to our portal where you can download your installation code to install and test in your site. You will be charged the monthly fees from the Setup Date.
1.39 "Users" shall mean an authorised Customer representative who accesses the Infinity Tracking Platform.