Common use of Scrubbing Clause in Contracts

Scrubbing. Sender shall ensure that all commercial communication originated by it shall be subject to the scrubbing functionality. Sender shall place a request for availing such functionality from Airtel. Airtel shall charge the Sender such applicable charges for offering the scrubbing functions. The Sender registered for making commercial communication via voice calls shall not initiate calls with an auto dialer that may result in silent or abandoned calls. However, in case the Sender intends to use the auto dialer, it shall send an advance written intimation to Airtel along with the steps taken by it to maintain abandoned calls within limits provided for in Regulation. Subject to advance intimation for use of auto dialers by the Sender, the Sender shall ensure the following compliances: Ratio of Abandon Calls to total attempted calls shall not exceed 3% over a period of 24 Hours using auto dialer for Commercial Communications calls; Ratio of Silent Calls to total attempted calls shall not exceed 1% over a period of 24 hour using auto dialer for Commercial Communications Calls; The Sender undertakes not to use telephone number harvesting software for sending Unsolicited Commercial Communications via the Telecom Resources; The Sender shall strictly ensure that no commercial communication is made to any Recipient, except as per the preference(s) or digitally registered consent(s) registered in accordance with TRAI Regulations. The Sender shall ensure that no commercial communication takes place through the Telecom Resources assigned to it except by using header(s) assigned to the registered Sender(s) for the purpose of sending commercial communication; Sender will provide necessary assistance, resources, information and access, and will perform such obligations as may be reasonably required by Airtel to enable it to perform its obligations under this Service Agreement. Sender shall also be responsible for procuring all Applicable Clearances. Sender shall strictly use the Telecom Resources for the respective Services for which the same has been assigned. There shall not be any mixing of Telecom Resources /Services for any reasons whatsoever. Any deviation to this compliance shall be considered as a material breach of the Agreement. Sender shall use the Services in accordance with Applicable Law including but not limited to the terms and conditions laid down in Agreement. The Sender acknowledges that Airtel shall have no responsibility or liability in this regard, save and except as specifically stated under this Service Agreement. Sender shall also sign and provide all such documents as specified by Airtel from time to time. . The Parties agree that the terms of such documents shall form part of this Service Agreement in so far as they apply to the Services. The use of the Services by the Sender shall be subject to the applicable TRAI directions, Regulations including but not limited to the Telecom Commercial Communications Customer Preference Regulations, 2018 and subsequent amendments made thereto (hereinafter referred to as the “Regulations”). The Sender undertakes to ensure the compliance of all regulatory pre-checks and regulations before delivering any Commercial Communications from its Telecom Resources. The Sender represent and warrant that it shall not: Use Service for any unlawful purpose or by any unauthorised person; provide any Service (or materials through any Service) that may be deemed to be obscene, defamatory, objectionable or illegal; not use the Services for any other purpose/s other than specified and agreed in this Service Agreement and/or Agreements. acquire any customer or promote the Services through unethical practices. Use Services for which there is an express prohibition by any authority. use the Network for anti-national activities or in such a manner which would endanger or make vulnerable a networked infrastructure (including acts of break-ins (hacking) of any networks or web sites) and hereby agrees to hold Airtel harmless in this respect. register or attempt to register and/or send any header, content or communication which infringes any IPR of third party. Sender agrees that Airtel may seek such data from the Sender as is required for establishing the compliance to the Regulation including data with respect to validation of any complaints under the Regulations. In such circumstances the Sender agrees that it is legally bound to comply with the obligations as per the Service Level matrix stated in Annexure 1 and any subsequent changes thereto, as communicated separately by Airtel from time to time including intimation over email. Any non-compliance to the said Service Levels by the Sender shall be treated as material breach. This is without prejudice to Airtel’s right to effect termination of Services and or claim indemnification from the Sender arising from such non-compliance. Information and record keeping: Sender shall: where requested by Airtel, provide Airtel with such information as is required by Airtel to enable it to receive and make use the Services as well as to ensure compliance with the Applicable Law; ensure that all information provided to Airtel is complete and accurate and consistent with all other information provided to Airtel; keep comprehensive records including but not limited to CDR’s, call/message logs, customer consent, KYC documents of End Users/clients to substantiate compliance with obligations, preserve these records for at least one (1) years from creation (or longer if required by Applicable Law) and provide to Airtel and its representatives upon demand and without any demur, permit Airtel and its representatives to inspect relevant equipment, premises and to observe the performance of any Services. In each case, such provision of information, access or inspection shall: (a) be on reasonable notice of three (3) working days. Maintain complete confidentiality of the data/Confidential Information shared by Airtel and in case not less then as mentioned in Article 15. The Sender herein shall comply with all the Applicable Laws and Regulations and shall obtain all the requisite licenses, approvals, permissions, from the competent authorities including that of TRAI, SEBI and other authorities as applicable in connection with using the Services. Sender shall be bound by and responsible for ensuring compliance with all regulatory, statutory and other applicable legal requirements to the extent applicable to the use of the Services. The Sender agrees that the delivery of any Commercial Communication initiated by the Sender shall be subject to such regulatory pre-checks and post checks, as are required under the TCCCPR of TRAI including the provisions contained in the Code of Practice (CoP) document formulated pursuant to TCCCPR and as modified by Airtel from time to time.. All Commercial Communication which do not meet the said checks may not be allowed by Airtel and the Sender shall be solely liable for any consequences arising from such failures. The Sender shall be solely and entirely liable for any Unsolicited Commercial communication emanating from the Telecom Resources Notwithstanding the financial disincentives specified in Annexure 7, Airtel may take such action against Sender as is required under the TCCCP Regulations and /or Airtel’s Code of Practice changed from time to time.

Scrubbing. Sender Telemarketer shall ensure that all commercial communication originated by it shall be subject to the scrubbing functionality. Sender Telemarketer shall place a request for availing such functionality from Airtel. Airtel shall charge the Sender Telemarketer such applicable charges for offering the scrubbing functions. The Sender Telemarketer registered for making commercial communication via voice calls shall not initiate calls with an auto dialer that may result in silent or abandoned calls. However, in case the Sender Telemarketer intends to use the auto dialer, it shall send an advance written intimation to Airtel along with the steps taken by it to maintain abandoned calls within limits provided for in Regulation. Subject to advance intimation for use of auto dialers by the SenderTelemarketer, the Sender Telemarketer shall ensure the following compliances: Ratio of Abandon Calls to total attempted calls shall not exceed 3% over a period of 24 Hours using auto dialer for Commercial Communications calls; Ratio of Silent Calls to total attempted calls shall not exceed 1% over a period of 24 hour using auto dialer for Commercial Communications Calls; The Sender Telemarketer undertakes not to use telephone number harvesting software for sending Unsolicited Commercial Communications via the Telecom Resources; The Sender Telemarketer shall strictly ensure that no commercial communication is made to any Recipient, except as per the preference(s) or digitally registered consent(s) registered in accordance with TRAI Regulations. The Sender Telemarketer shall ensure that no commercial communication takes place through the Telecom Resources assigned to it except by using header(s) assigned to the registered Sender(sTelemarketer(s) for the purpose of sending commercial communication; Sender Telemarketer will provide necessary assistance, resources, information and access, and will perform such obligations as may be reasonably required by Airtel to enable it to perform its obligations under this Service Agreement. Sender Telemarketer shall also be responsible for procuring all Applicable Clearances. Sender Telemarketer shall strictly use the Telecom Resources for the respective Services for which the same has been assigned. There shall not be any mixing of Telecom Resources /Services for any reasons whatsoever. Any deviation to this compliance shall be considered as a material breach of the Agreement. Sender Telemarketer shall ensure that the use of the Services (including the Sender/s) is in accordance with Applicable Law including but not limited to the terms and conditions laid down in Agreement. The Sender Telemarketer acknowledges that Airtel shall have no responsibility or liability in this regard, save and except as specifically stated under this Service Agreement. Sender Telemarketer shall also sign and provide all such documents as specified by Airtel from time to time. . The Parties agree that the terms of such documents shall form part of this Service Agreement in so far as they apply to the Services. The use of the Services by the Sender Telemarketer shall be subject to the applicable TRAI directions, Regulations including but not limited to the Telecom Commercial Communications Customer Preference Regulations, 2018 and subsequent amendments made thereto (hereinafter referred to as the “Regulations”). The Sender Telemarketer undertakes to ensure the compliance of all regulatory pre-checks and regulations before delivering any Commercial Communications from its Telecom Resources. The Sender Telemarketer represent and warrant that it shall not: Use Service for any unlawful purpose or by any unauthorised person; provide any Service (or materials through any Service) that may be deemed to be obscene, defamatory, objectionable or illegal; not use the Services for any other purpose/s other than specified and agreed in this Service Agreement and/or Agreements. acquire any customer or promote the Services through unethical practices. Use Services for which there is an express prohibition by any authority. use the Network for anti-national activities or in such a manner which would endanger or make vulnerable a networked infrastructure (including acts of break-ins (hacking) of any networks or web sites) and hereby agrees to hold Airtel harmless in this respect. register or attempt to register and/or send any header, content or communication which infringes any IPR of third party. Sender Telemarketer agrees that Airtel may seek such data from the Sender Telemarketer as is required for establishing the compliance to the Regulation including data with respect to validation of any complaints under the Regulations. In such circumstances the Sender Telemarketer agrees that it is legally bound to comply with the obligations as per the Service Level matrix stated in Annexure 1 and any subsequent changes thereto, as communicated separately by Airtel from time to time including intimation over email. Any non-compliance to the said Service Levels by the Sender Telemarketer shall be treated as material breach. This is without prejudice to Airtel’s right to effect termination of Services and or claim indemnification from the Sender Telemarketer arising from such non-compliance. Information and record keeping: Sender Telemarketer shall: where requested by Airtel, provide Airtel with such information as is required by Airtel to enable it to receive and make use the Services as well as to ensure compliance with the Applicable Law; ensure that all information provided to Airtel is complete and accurate and consistent with all other information provided to Airtel; keep comprehensive records including but not limited to CDR’s, call/message logs, customer consent, KYC documents of End Users/clients to substantiate compliance with obligations, preserve these records for at least one (1) years from creation (or longer if required by Applicable Law) and provide to Airtel and its representatives upon demand and without any demur, permit Airtel and its representatives to inspect relevant equipment, premises and to observe the performance of any Services. In each case, such provision of information, access or inspection shall: (a) be on reasonable notice of three (3) working days. Maintain complete confidentiality of the data/Confidential Information shared by Airtel and in case not less then as mentioned in Article 15. The Sender Telemarketer herein shall comply with all the Applicable Laws and Regulations including the provisions contained in the Code of Practice (CoP) document formulated pursuant to TCCCPR and as modified by Airtel from time to time. The Telemarketer shall obtain all the requisite licenses, approvals, permissions, from the competent authorities including that of TRAI, SEBI and other authorities as applicable in connection with using the Services. Sender Telemarketer shall be bound by and responsible for ensuring compliance with all regulatory, statutory and other applicable legal requirements to the extent applicable to the use of the Services. The Sender Telemarketer agrees that the delivery of any Commercial Communication initiated by the Sender Telemarketer shall be subject to such regulatory pre-checks and post checks, as are required under the TCCCPR of TRAI including the provisions contained in the Code of Practice (CoP) document formulated pursuant to TCCCPR and as modified by Airtel from time to time.. TRAI. All Commercial Communication which do not meet the said checks may not be allowed by Airtel and the Sender Telemarketer shall be solely liable for any consequences arising from such failures. The Sender Telemarketer shall be solely and entirely liable for any Unsolicited Commercial communication emanating from the Telecom Resources Notwithstanding the financial disincentives specified in Annexure 7, Airtel may take such action against Sender Telemarketer as is required under the TCCCP Regulations and /or Airtel’s Code of Practice changed from time to time.