Common use of Deffinitions Clause in Contracts

Deffinitions. 1.1 Capitalized terms shall have the meaning given to it in this clause: Active Contact a Salesforce contact record that has any new payment data related during a calendar month. Afffiliates any current or future worldwide entity that directly or indirectly is in Control of, is controlled by, or is under common Control with either Party. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. Agreement the Order Form together with the Terms and Conditions and the DPA. Billing Date the date on which FinDock sends it’s invoice. Billing Period the period between two Billing Dates. Content information obtained by FinDock from third party content providers and made available to Customer through the Service. Customer in the case of an individual accepting the Order Form on his or her own behalf, such individual, or in the case of an individual accepting the Order Form on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting the Order Form, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into Order Forms. Customer Data electronic data and information submitted by or for Customer to the Service, excluding Content. Documentation the Service’s fact sheet and service level standard, as updated from time to time, which are accessible via xxx.xxxxxx.xxx/xxxxxxxxx, xxx.xxxxxx.xxx/xxx and xxx.xxxxxx.xxx/xxx. DPA the Data Protection Addendum, which can be found on xxxxx://xxx.xxxxxx.xxx/legal. Terms and Conditions these general terms and conditions. FinDock Technology all of FinDock’s proprietary technology (including software, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to Customer by FinDock in providing the Service. Intellectual Property all (future) right, title, and interest, including, without limitation, all copyrights, patents, trademarks, trade secrets, other intellectual property rights related to the software, source codes, products, programs, knowhow, concepts, techniques, inventions, and designs. License Term the term between the order start date and the order end date as specified in the Order Form. Malicious Code code inserted in a software system or web script intended to cause undesired effects, security breaches, or damage to a system. Monthly/Unit Price The prices shown on the Order Form. Order Form an ordering document specifying the Service to be provided hereunder that is entered into between Customer and FinDock or any of their Affiliates, including any addenda and supplements thereto. By entering into an Order Form hereunder, an Affiliate agrees to be bound by the terms of the Agreement as if it were an original party hereto. Order End Date The end date specified in the Order Form. Order Start Date The start date specified in the Order Form. PayLink Transaction a successfully actioned PayLink. This is counted every time a payment is successfully initiated by the end-customer on a FinDock PayLink page. Products the products as described on the Order Form. Purchased Service means the Service that Customer or Customer’s Affiliate purchases under an Order Form as distinguished from the Service pursuant to a free trial. Service the activation and provision of the Products which are part of the Purchased Service or a free trial, as the case may be, as described in the Documentation. Salesforce a cloud-based customer relationship management solution that operates via the website xxx.xxxxxxxxxx.xxx. Support the support given by FinDock under the license, as agreed with the Customer and as described in the service level standard which can be found on xxx.xxxxxx.xxx/xxx, as updated from time to time. Total Price The total price specified in the order form Transaction a payment record in the FinDock data model in the ‘cpm Payment c’ object. User Volume in the case of an individual accepting these terms on his or her own behalf, such individual, or, in the case of an individual accepting the Agreement on behalf of a company or other legal entity, an individual who is authorized by Customer to use the Service. Users may include, for example, employees, consultants and contractors of Customer. Unless otherwise defined on the Order Form, all FinDock products are offered with an unlimited number of Users. the number of Active Contacts, PayLink Transactions, Transactions and any other forms of payment through the Service.