1. The Call Tracking Service
1.1 The purpose of the Call Tracking service is to allow users to track calls generated by various marketing methods, both online and offline in order to improve lead attribution and campaign performance metrics.
1.2 Call data may be posted directly to Google Analytics as conversion events, or manually posted to Google Ads as offline conversions for match purposes.
1.3 The components of the Call Tracking service are as follows:
1.3.1 Call Tracking Numbers
1.3.1.1 Call Tracking provides one or more unique phone numbers which seamlessly route to your existing switchboard number.
1.3.1.2 For website numbers, Call Tracking provides a custom script which displays a specified number to visitors based on the source of their website visit.
1.3.2 Dashboarding
1.3.2.1 Incoming calls are logged to a reporting dashboard, showing clients the number, duration and source of incoming calls based on their point of display, or referring source.
1.3.2.2 Logged calls can be posted to Google Analytics, Google Ads, Meta Ads, etc. as conversion events.
2. Registration, Billing & Cancellation
2.1 This system is intended for agencies who will make use of it to interpret their client data and utilise such segmentation by source for marketing optimisation purposes.
2.1.1 Agency access to client data is optional and controlled by the client.
2.2 Agencies will register as users of the system, and set up their clients as sub-users where applicable.
2.3 Agencies will be billed per client number or package, which will recur monthly until cancellation.
2.4 Agencies may cancel client accounts at any time, with 1 calendar month’s notice, or individual numbers with 7 days notice.
3. 3rd Party Applications
3.1 Call Tracking may integrate with other 3rd party systems, including Google Ads & Google Analytics, at the request of the user.
3.2 These 3rd party applications may have their own terms of use and privacy policies, and your use of such applications will be governed by and subject to such terms etc.
3.3 You understand and accept that Call Tracking does not endorse, and is not liable for, the behaviour, features or content of any such 3rd party application.
4. Privacy and Security
4.1 Call Tracking is governed by a strict privacy policy that holds all user information in absolute confidence unless it is legally required to disclose any such information.
4.2 As a data provider, Call Tracking is fully compliant with all data protection regulations as required by law, and is similarly compliant with relevant privacy regulations including the POPI Act, as well as the EU-US Privacy Shield Framework.
5. Confidentiality
5.1 The user undertakes to maintain as confidential any information and details, including but not limited to the pricing structure or any technical or procedural information regarding the Service or the provision thereof.
5.2 All data supplied by any user to Call Tracking shall remain strictly confidential.
6. Intellectual Property
6.1 Call Tracking asserts its right to be recognised as the owner of the Intellectual Property associated with the Call Tracking system and service, including, but not limited to, the software, functionality and features thereof.
6.2 Call Tracking remains at all times the owner of the system and software, and no users shall acquire any rights in this regard.
6.3 Each party shall retain all right, title and interest in and to all Intellectual Property Rights which vested in that party prior to the Commencement Date or which are developed by or on behalf of that Party independently of any of the other parties. Each party acknowledges that it has no claim of any nature whatsoever in and to the Intellectual Property Rights of the other party except insofar as it is necessary to give effect to the provisions of this Agreement.
7. Variation
7.1 No Agreement varying, adding to, deleting from or cancelling this Agreement, and no waiver whether specifically, implicitly or by conduct of any right to enforce any term of this Agreement, shall be effective unless reduced to writing and signed by or on behalf of The Parties.
8. Cession
8.1 The Company reserves the right to take cession of all obligations in regard to Reseller clients in the event that the Agreement with The Reseller is terminated.
8.2 The Reseller may not cede any of their rights and obligations under this Agreement without prior written approval by The Company, which approval shall not be unreasonably withheld.
9. Severability
9.1 If any term or provision or part thereof (in this clause to be known as “the offending provision”) contained in this Agreement should for any reason whatsoever be declared, or become, unenforceable, invalid, or illegal; the other terms and provisions of this Agreement shall remain in full force and effect as if this Agreement had been executed without the offending provision appearing therein.
10. Indulgences
10.1 No indulgence granted by a Party shall constitute a waiver of any of that Parties rights under this Agreement and accordingly that Party shall not be precluded, as a consequence of having granted such an indulgence, from exercising any rights against the other which may have arisen in the past or which may arise in the future.
11. Indemnity and Liability
11.1 The user, by making use of the system, irrevocably indemnifies the Company and / or its directors and / or its employees and / or its agents against any claim of any nature howsoever arising. For clarification purposes, in any claim made by any third party against the Company arising out of this Agreement, it is agreed that the Company and / or its employees and / or directors will be indemnified by the user and / or by the user’s authorised representative.
11.2 In respect of the aforegoing, the Company shall not be liable or become involved in any dispute between any agency and their clients, and cannot be held responsible for any wrongdoing on the part of a user or agency.
11.3 The Company shall not be liable for any costs incurred, or compensation or loss of earnings due to the work carried out on behalf of the user or any of the users appointed agents.
11.4 The Company shall not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by the Company or its agents.
12. Jurisdiction
12.1 The Agreement shall be governed by South African law, and the Client hereby consents to the jurisdiction of the Magistrate’s Court. The Company may, at its sole discretion, institute proceedings out of the High Court where it deems appropriate.