Flexible DLO RHH/RHW-2 – Champion Wire & Cable

Definitions

10DLC: Refers to the 10-digit long code messaging system used for Application-to-Person (A2P) messaging.
Customer: The business or entity that has been approved to use the Service.
Recipient: The individual or entity that receives messages sent via the Service.
Service Provider: Champion Wire & Cable, LLC, the provider of the 10DLC messaging service.

Eligibility and Registration

Approval Requirement: Use of the Service is subject to approval through the designated registration process. Customers must provide accurate, current, and complete information during registration.
Business Use: The Service is intended solely for business communication. Personal or non-business use is prohibited.
Compliance Verification: Customers agree to maintain compliance with all carrier and industry guidelines, including those set forth by CTIA, The Campaign Registry, and other relevant bodies.

Permissible Use

Message Content: All messages must be lawful, truthful, and not misleading. Content that is spammy, fraudulent, abusive, or violates any laws or carrier policies is strictly prohibited.
Opt-In Requirements: Customers must ensure that recipients have provided express consent (opt-in) to receive messages. Documentation of consent must be maintained.
Opt-Out Mechanism: Every message must include a clear and simple mechanism for recipients to opt out of receiving further messages. Upon request, opt-out requests must be honored immediately.
Message Frequency: Customers must manage message frequency in accordance with industry best practices and carrier guidelines to avoid overwhelming recipients.

Prohibited Activities
Customers shall not use the Service to:

Transmit unsolicited messages or spam.
Send content that is illegal, harmful, or infringes upon the rights of others.
Engage in practices that could result in carrier or regulatory sanctions, including misrepresenting identity or purpose.

Compliance and Regulatory Obligations

Legal Compliance: Customers are responsible for ensuring that their use of the Service complies with all applicable federal, state, and local laws, including but not limited to the Telephone Consumer Protection Act (TCPA) and other relevant regulations.
Carrier and Industry Requirements: Customers agree to adhere to the guidelines provided by carriers and industry regulators. Non-compliance may result in suspension or termination of the Service.
Audit Rights: Service Provider reserves the right to audit customer practices related to message consent and opt-out processes to ensure compliance.

Fees and Payment

Pricing: Fees for the Service, including any per-message or recurring charges, will be provided separately. All fees are subject to change with prior notice.
Payment Terms: Payments are due in accordance with the invoicing terms agreed upon at the time of registration. Late payments may result in suspension or termination of the Service.

Limitation of Liability and Indemnification

Limitation of Liability: Service Provider’s liability for any claims arising out of or related to the Service shall not exceed one month’s worth of the customer’s recurring fees. Under no circumstances shall Service Provider be liable for indirect, incidental, or consequential damages.
Indemnification: Customers agree to indemnify, defend, and hold harmless the Service Provider from any claims, damages, or losses arising from the misuse of the Service or any violation of these Terms.

Termination

Termination for Cause: Service Provider may suspend or terminate the Service immediately if a customer breaches any of these Terms or if required by law or carrier regulation.
Customer Termination: Customers may terminate the Service in accordance with the cancellation procedures provided. Termination will not relieve the customer of any outstanding payment obligations.

Amendments
Service Provider reserves the right to modify these Terms at any time. Updated Terms will be posted on our website or provided directly to customers. Continued use of the Service after such modifications constitutes acceptance of the revised Terms.

Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.