Branded Communication – INFORM®
Service Specific Terms
Last Updated: July12, 2023
These Service Specific Terms for Branded Communication – INFORM® (“Service Specific Terms”) govern your use of the identified services below and are in addition to the First Orion Terms of Service (“Terms”). Capitalized terms used but not defined in these Service Specific Terms will have the respective meanings assigned to them in the Terms. First Orion may modify these Service Specific Terms from time to time as our business changes and technology evolves. The most current version of these Service Specific Terms will be available on the Customer Portal. If you do not agree to these Service Specific Terms or any changes thereto, your sole remedy is to stop using the Services. Use of the Services after any changes shall constitute acceptance of the updated Service Specific Terms.
First Orion provides branded communication solutions, including its INFORM® Service as described herein (the “Services”) to allow customers to deliver enhanced call information with outbound calls made from their calling party (A) numbers to called party (B) numbers supported by a Distribution Partner.
1. Definitions. The following capitalized terms shall have the meanings set forth below.
1.1 API(s) – means any application program interfaces used by Client in connection with the Services.
1.2 Device – means the handset or other similar device that is able to show the Inform Display associated with an incoming call as a result of the Distribution.
1.3 Distribution – means the functionality or capability, whether provided by First Orion or a First Orion Distribution Partner, that allows for the delivery of an Inform Display to Devices.
1.4 Distribution Partner – means the third party(ies) that provide(s) Distribution to Customer during the Term as set forth in the Order Form
1.5 Inform Display – means the alpha-numeric caller name delivered for display on a Device through the use of the Services. The number of characters (including spaces) allowed for the Inform Display is based on the capability provided through the applicable Distribution channel.
1.6 Paired – means First Orion’s optional INFORM feature that authenticates INFORM calls before they terminate in the Distribution Partner network by creating a unique check key at the time of the INFORM call for the calling party (A) number and the called party (B) number pair based on information provided by Client.
1.7 Program – means the set of instructions created for each unique purpose for making a call using the Services including the A number, the B number (if applicable), the content of the Inform Display, and the time during which the Inform Display should be delivered.
2. First Orion Responsibilities
2.1 Specifications. First Orion will make available Documentation applicable to the use of the Services which may include details for the delivery of data to First Orion, formats, Program requirements and restrictions, device compatibility, and instructions for use of the Customer Portal. Any updates to the Documentation will be made available via the Customer Portal.
2.2 Training. First Orion will make available reasonable education and training in order to facilitate Customer’s use of the Services which may be provided through online tutorials and/or instructions.
2.3 Support Services. Customer support will be available Monday – Friday from 8:00 a.m. – 5:00 p.m. Central Standard Time via Zendesk on the Customer Portal.
2.4 Reporting. Using Customer Data, First Orion will provide Customer with the standard reports specified in the Customer Portal at no additional charge. At the request of Customer, First Orion may provide Advanced Analytics using Customer Data for an additional fee as agreed upon by the Parties.
3. First Orion Controls
3.1 Correction or Rejection of the Inform Display. The content of any Inform Display may be identified as inconsistent with or unacceptable for delivery using the Services, including, but not limited to, those restrictions set forth in in the Acceptable Use Policy found on the Legal Dashboard, in which case First Orion may reject the Inform Display or require that Customer make appropriate modifications. First Orion will promptly notify Customer in writing in such case.
3.2 If, in First Orion’s reasonable determination, Customer’s use of the Services violates the Acceptable Use Policy or causes material and demonstrable harm to First Orion, the Services, or other entities using the Services including Distribution Partners, First Orion may take all remedial actions it deems necessary, including suspending access to the Services. First Orion will provide Customer with notice of such suspension, including the reasons for suspension and any required corrective actions, as soon as reasonably practicable under the circumstances. Customer agrees to cooperate with First Orion in any investigation into any events that resulted in a suspension.
3.3 Additional Use Restrictions. First Orion may impose additional restrictions and/or prohibitions on the use of the Services to the extent they are imposed on First Orion by a Distribution Partner or applicable law. First Orion will notify Customer of any such restrictions and/or prohibitions as soon as reasonably possible after receiving notice thereof. Customer agrees to comply with such restrictions.
3.4 Additional Termination Right. First Orion may terminate all or a portion of the Services provided under the Order Form to the extent a change to First Orion’s agreement with a third party Distribution Partner precludes or materially modifies First Orion’s ability to provide such Services. First Orion will provide notice of a termination under this section promptly upon becoming aware of the circumstances giving rise to the termination right.
4. Customer Responsibilities
4.1 Customer will use the Services in accordance with the Terms and the applicable Documentation.
4.2 Program Requirements. Customer will:
- Create Programs
- Add/upload and assign the calling party (A) numbers
- Define the Inform Display
- Establish the start date/time and end date/time for the Inform Display for each Program, such that the Inform Display will no longer be displayed on a Device after the end date/time has expired
5. Compliance and Consents
5.1 Customer agrees to comply with the pass-through provisions located at https://firstorion.com/pass-through-terms/ (the “Pass-Through Terms”) in connection with its use of the Services.