Auto Dialer Agreement

This agreement is made by and between Electronic Voice Services, Inc. (“EVS7”) and you the user (“User”) and/or purchaser (“Purchaser”). EVS designs, manufactures, and sells a variety of autodialer, cloud call center, predictive dialer software, robocall and voice broadcast products (collectively “autodialers”) for outbound calling, including: (1) Tiger Auto Dialer which uses EVS’ ZoomCalls VoIP phone service and requires a wired broadband internet connection; (2) Rapid Rabbit Auto Dialer which requires an analog copper land line; and (3) Octopus Auto Dialer which requires analog copper land lines (does not work on VoIP, T1, or digital lines). These autodialer products are used to deliver prerecorded messages to lists of telephone numbers.

Autodialers, call center campaigns, and telemarketing are subject to a variety of laws and regulations, including without limitation, the Federal Trade Commission’s (FTC) Telemarketing Sales Rule (TSR) and the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA). Additionally, some states have local telemarketing rules which may be more restrictive than the national autodialer rules.

Among other things, these laws generally prohibit prerecorded telemarketing calls without prior written permission from call recipients. There are very stringent monetary penalties for making such illegal calls.

Many types of autodialed calls are not subject to the written consent requirement, including certain informational calls, reminders, emergency notifications, genuine surveys, political calls, HIPAA regulated healthcare calls, calls by certain non-profit entities, and debt collection calls. Be aware that permission may still be needed for some of these calls depending on the circumstances. Cell phones generally have more protection than landlines. Telemarketing calls to business and consumer cell phones usually require prior express written consent (or “express consent” for non-telemarketing messages). Like all telemarketing calls, autodialed sales calls must also comply with the Do-Not-Call (DNC) list. You may not telemarket to numbers on state and federal DNC lists without consent or another exemption. If needed, there are several companies that scrub Do Not Call numbers as well as Cell Phone numbers from your lists: Contact Center Compliance – Tel: 866-362-5478 – Web Site: http://www.dnc.com and TCPAScore – Tel: 954-580-3266 – Web Site: http://www.tcpascore.com

Additional behavioral restrictions and disclosures apply to autodialed calls. For example, you must: (1) transmit (”push out”) accurate Caller-ID information; (2) only call during allowable calling times and not on official holidays; (3) make all mandatory disclosures such as your true business name, purpose of the call, telephone number, and automated opt-out instructions. You must provide an automated interactive voice response (IVR) or key-press activated opt-out function allowing call recipients to opt-out of future calls. You must honor all opt-out (internal DNC requests).

Buyer/User is 100% Responsible & Liable for Using These Products Legally

By making any purchase from EVS, or making any use of its products, you warrant that you will at all times fully comply with all applicable laws and regulations. EVS cannot provide legal advice and assumes no responsibility to advise you on these laws or to supervise or ensure your compliance. EVS is merely providing you with a tool and you are expected to use that tool within the bounds of the law. You should consult with your own legal counsel to ensure that your campaigns comply with the law. User and/or Purchaser agree to indemnify, defend and hold harmless EVS, 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 User and/or Purchaser of the law, or alleging facts that would constitute a breach of User’s and/or Purchaser’s warranties or obligations contained in this agreement. User and/or Purchaser will promptly indemnify, defend, or settle, any such third-party claim, demand, lawsuit, investigation, or proceeding brought against EVS. Any legal dispute between User and/or Purchaser and EVS must be brought and heard only in the state or federal courts located in Dallas, Texas, and the prevailing party will be entitled to its reasonable attorney’s fees, court costs, and witness fees. Texas law shall apply to the interpretation and enforcement of this agreement. This agreement shall become effective when signed by User and/or Purchaser and will remain in effect until terminated by written notice. The provisions of this agreement related to legal compliance, indemnity, and choice of forum for disputes shall survive the termination of this agreement. In addition, you understand that EVS has the right to terminate technical support and the use of its products (with no refund) if EVS determines that there is unlawful or immoral use by the User and/or Purchaser. You understand there can be no refund in the event that any changes in laws negatively affect the use of these products.

I have read and accept this Buyer/User Agreement: (please Fax to: 972-713-8364 or Email to: sales@evs7.com)

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