INDEMNIFICATION. Client shall fully indemnify 8x8 for any claim or loss raised by a third party, or any fines or penalties by any governmental authority, caused by any non-compliance with any provisions of the Agreement.
In the event that a competent government authority suspects that any assigned mobile phone number is used for illegal or fraudulent purpose (including, but not limited to Spam, Smishing, Faking, Flooding, etc.), and therefore, prohibit the use of such number (the “Claimed Fraudulent Event”), the following will apply:
A. The fraudulent number shall be suspended immediately, but will be recovered through a new number after the competent authority confirms the Claimed Fraudulent Event to be untrue.
- The Company shall pay NT$ 30,000 for handling the suspension.
- **If 5 or more sender IDs are involved, a fine of NT50,000 per sender ID plus freeze of sender ID registration for 2 months shall be imposed.
B. If the Claimed Fraudulent Event occurs again thereafter, no new number will be assigned to the Company for at least six (6) months; and
C. If the Claimed Fraudulent Event is confirmed to be true by the Authority, Company shall compensate 8x8 the amount calculated as US$3.5 per fraudulent SMS.
8x8 reserves the right to recover any additional costs incurred due to investigating and resolving the spam SMS issue, including legal fees and administrative expenses, from the customer responsible for the violation.
The customer shall not be eligible for any refunds, reimbursements, or compensation for services rendered in case of penalty imposition due to sending spam SMS messages.
**To be applied for reseller clients only