These Service Specific Terms for Branded Calling Services (“Branded Calling Terms”) govern Customer’s use of the Services described below and are in addition to and incorporate by reference the First Orion Terms of Service located at firstorion.com/legal#euro-terms (the “Terms”). Capitalized terms used but not defined in these Service Specific Terms will have the respective meanings assigned to them in the Terms. 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 Branded Calling Terms.
1. Definitions
The following capitalized terms shall have the meanings set forth below or as set forth in the Terms.
“A number” means an outbound calling number for Customer.
“API(s)” means any application program interface used by Customer in connection with the Services.
“Authenticated,” or derivations thereof, means a call that has been verified using Call Authentication. Authentication is required for certain First Orion services including INFORM with Logo.
“Call Authentication,” or derivations thereof, means First Orion’s end-to-end authentication method that pairs the A number with the B number at the time of an encrypted call in order to Authenticate the call using API’s, call routing configuration (SIP), or other industry standard protocols.
“B number” means the called party number of a subscriber of a Distribution Partner.
“Business Process Outsourcer” or “BPO” means a business that originates calls on behalf of an enterprise (e.g., for sales, marketing, or customer support purposes) where the business (i) owns the A numbers used to place calls on behalf of the enterprise, (ii) is not legally affiliated with the enterprise, and (iii) has entered into a contract with the enterprise for the origination of calls.
“Call Logo” means a logo image to be delivered with an Inform call.
“Call Reason” means the reason for the call to be delivered with the Inform call.
“Content” means, individually or collectively, the Inform Display, the Call Logo, and the Call Reason to be delivered with a call for display on a Device. The delivery of Content to a Device may be referred to as “branding” the call or delivering a “branded” call.
“Device” means the handset or other similar device that is able to show the Content associated with an incoming call as a result of the Distribution.
“Distribution” means the functionality or capability, whether provided by First Orion or a First Orion Distribution Partner, that allows for the delivery of Content to Devices.
“INFORM®” means First Orion’s Branded Calling Service that allows customers to set an Inform Display for any of Customer’s registered A numbers used for outbound calls made to Devices.
“Inform Display” means the alpha-numeric caller name delivered to 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.
“INFORM with Logo” means First Orion’s Branded Calling Service that allows for the delivery of a Call Logo and Call Reason in addition to the Inform Display when making an Authenticated Inform call to Devices.
“Program” means the set of instructions created for each unique purpose for making a call using the Services including the A number, the Content, and the time during which the Content should be delivered with the call.
2. Distribution
The Distribution Partners will be as set forth in the applicable Order. The period of time required to onboard Customer for branding may vary based on the Distribution Partner.
3. Permitted Uses
- Customer may use the Services to make calls for its own internal purposes by designating the applicable Content in accordance with the Documentation.
- If and only to the extent explicitly set forth in the Order, Customer may use the Services to make calls on behalf of its affiliate and subsidiary businesses. Customer must notify First Orion prior to setting up any Program on behalf of a new affiliate or subsidiary entity. Customer acknowledges and agrees that any entity Customer makes branded calls for is subject to vetting and approval by First Orion.
- If and only to the extent explicitly set forth in the Order, Customer may use the Services as a Business Process Outsourcer (BPO) for the purpose of making branded calls on behalf of its enterprise customers. Client agrees that before setting up a Program for any such enterprise customer, Client will advise First Orion in writing of the identity of enterprise customer. Customer acknowledges and agrees that any entity Customer makes branded calls for is subject to vetting and approval by First Orion. If Customer acts as a BPO, Customer represents and warrants that it has the right, title, and interest from each of its enterprise customers to deliver branded calls on their behalf, and Customer shall include this as a term in its contract with each of its enterprise customers.
4. Customer Responsibilities
- Customer agrees to comply with the Acceptable Use Policy which can be found at firstorion.com/legal#euro-aup and the Pass-Through Terms which can be found at firstorion.com/legal#euro-pass-through-terms in connection with its use of any Branded Calling Services.
- Program Requirements. Customer will be responsible for complying with the requirements to set up Programs based upon the Services to be provided (e.g. Inform, Inform with Call Authentication, Inform with Logo) as provided in the Customer Portal.
- Disclaimer. The delivery of Content is subject to Device and other limitations. Not all Devices will be able to show the Call Reason, and the manifestation of a Call Logo may vary per Device. In the event the call is delivered to a handset not currently capable of receiving the specified Content, the call will be delivered with an Inform Display only.
5. First Orion Responsibilities
- 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. Information related to the use of the Services is available on the Customer Portal.
- Customer support for the Services will be available Monday – Friday from 8:00 a.m. – 5:00 p.m. Central European Time via Zendesk on the Customer Portal or via email to eu.enterprisesupport@firstorion.com. In certain instances, First Orion may best be able to assist Customer with support issues related to the use of the Services by accessing the Customer Account in the Customer Portal. Customer consents to such remote access as necessary to provide support services. First Orion disclaims any liability or responsibility for any damage or loss resulting from use of a remote access tool or to access being granted to First Orion through such a tool.
- Reporting. Standard reports will be made available in the Customer Portal at no additional charge. If included in the Order or as part of a prepaid subscription, First Orion will provide Advanced Analytics using Customer Data.
6. Additional Terms
First Orion may impose additional restrictions and/or prohibitions on the use of the Services to the extent they are imposed 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