Know your TCPA obligation
Customer is required to use the software and/or the services from Voxco in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (1) Do-Not-Call list prohibitions; (2) consumer cancellation rights; (3) mandatory disclosures; (4) cell phone messaging restrictions; (5) internal DNC/opt-out rules; and all other applicable laws and regulations. By making any use of the software and services, Customer expressly warrants that Customer is and shall continue to act in full compliance with the law.
Customer agrees that Customer has read and understands the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. Customer understands that in some cases, applicable state and local restrictions are more restrictive than the federal rules. Customer should review these rules with Customer’s own legal counsel to ensure that Customer understands and complies. Voxco will not assume any liability if Customer is ever held liable for any law violation.
Customer will purchase and timely scrub against a national list of wireless numbers and numbers ported from landlines to cell phones. Customer agrees that Voxco is not responsible for ensuring that Customer does not transmit messages to cell phones in violation of the cell consent rules.
Customer agrees to create and enforce its own internal safe harbor and Do Not Call policies and procedures in full compliance with the law.
Customer agrees to indemnify, defend and hold harmless Voxco along with its owners, members, directors, officers, agents, employees, contractors, consultants and vendors from and against any and all claims, suits, fines, costs, expenses, judgments and fees, including reasonable attorney’s fees, court costs and expenses, arising out of a claim alleging any violation by Customer of the law, including the Telephone Consumer Protection Act (TCPA) based on the Customer’s conduct or negligence. Customer will promptly indemnify, defend or settle, any such third-party claim, demand, lawsuit, investigation or proceeding brought against Voxco. Voxco will: (i) promptly notify Customer of such claim, (ii) provide Customer with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) Customer will advise Voxco regarding the defense and settlement of such claim, subject to Voxco’s approval of any such settlement, which approval will not be unreasonably withheld.
Customer warrants and represents that all present and future marketing practices used by their organization are in compliance with the Telephone Consumer Protection Act as defined under 47 U.S.C. Section 2227. (https://www.fcc.gov/general/telemarketing-and-robocalls). No legal advice or counsel is given, or shall be deemed to have been given, by Voxco.