Effective Date: 07/08/24
Service Provider warrants its services will be performed in accordance with all applicable laws. Service Provider agrees to preserve the confidentiality, integrity, and accessibility of Client data.
Authorization to Act as an Authorized Representative:
Client hereby authorizes Service Provider as its Authorized Representative to perform specific actions on its behalf, including registration and ongoing management activities on platforms such as Twilio, Telnyx, FirstOrion, and FreeCallerRegistry for purposes related to 10DLC, STIR/SHAKEN, and other regulatory and compliance requirements. This authorization grants Service Provider the authority to undertake necessary activities within the scope explicitly defined by the Client. Service Provider commits to act within the bounds of this authorization, adhering to all applicable laws and regulations, and maintaining the confidentiality and integrity of the Client’s information.
Client agrees and warrants that in using the services and otherwise conducting its business, Client will provide accurate and up-to-date information which Client is legally allowed to possess and use, and will comply with all applicable laws and regulations, including without limitation the FCC’s Telephone Consumer Protection Act, the FTC’s Telemarketing Sales Rule, the CAN-SPAM Act, data privacy laws, and all other applicable laws, regulations, and industry best practices. Client also warrants that it has any required “express written consent” to contact the numbers provided/purchased, and that such consent is well documented and in the possession of Client. Client agrees to use the Services in full compliance with all laws and understands that Service Provider is not managing compliance for Client. Client may not use this Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
Client assumes complete responsibility for any Approved Communications sent by Service Provider on behalf of Client including any violations that arise, holding Service Provider and its Agents and Representatives harmless. Client agrees to defend, indemnify, and hold harmless, including by paying reasonable costs and attorney fees, Service Provider, along with its owners, officers, managers, employees, contractors, affiliates, and agents, from and against any claim, suit, investigation, fine, cost, or expense related, directly or indirectly to Client’s use of the Services or any actual or alleged breach of these terms, or of any law or regulation.
Client agrees that any claim or suit between the parties shall be brought and heard only under Texas law and in the courts of the State of Texas, and the State and Federal courts in Lubbock County, Texas shall have exclusive jurisdiction over the same and that venue shall be appropriate in the same. In any such proceeding, if Service Provider substantially prevails, Client shall pay all costs, expenses, and reasonable attorney fees of Service Provider within 30 days of Service Provider’s written demand for such reimbursement.
I acknowledge that I have read, understood, and agree to be bound by these Terms, including the Authorization to Act as an Authorized Representative.