As used in these Terms and Conditions, the following defined terms shall apply:
2.1. Affiliate means, with respect to a party, any entity which directly or indirectly controls, is controlled by, or is under common control with such party, where “control” means the power, directly or indirectly, to direct, or to cause the direction of, the management and policies of an entity, whether through majority ownership of voting securities or equity interests.
2.2. Customer Content means any files, documents and other information belonging to Customer or users as uploaded to Customer’s Service account for storage and/or sharing with third parties, and is not related to COMPANY servicing or accessing Customer’s account.
2.3. Effective Date means the earlier of the date (i) Customer submits the initial Order, or (ii) as stated on the signature block of the Order.
2.4. Order or Services Order means any initial or subsequent ordering document and/or online request for access to the Services submitted to COMPANY, an authorized reseller of COMPANY and/or through COMPANY’s product websites.
2.5. Services means the generally available software-as-a-service offerings of COMPANY (“SaaS Services”), as further described in the Service Descriptions. COMPANY may update the Services at any time and all Services set forth in the Service Descriptions may not be available to all Customers. The Services are for professional/business use only.
2.6. Service Descriptions means the overview and other terms applicable to the Services, as amended from time to time, and found at Service Descriptions.
2.7. Updates means any corrections, bug fixes, new features or functions added to the Services, but shall not include any new versions that COMPANY markets and sells separately.
2.8. Use Level means the model by which COMPANY measures, prices and offers the Service to Customer as set forth on the applicable price list, websites, Order, and/or Service Description.
2.9. Contacts means the attempt to get in touch with a new Surplus Fund Lead via phone call, email, social media message, or direct mail. 1 Contact means 1 phone call or email etc. However each contact must be with a new client, meaning it is impossible to have 2 contacts with the same person.