WEBSITE USE AGREEMENT
THESE TERMS ARE BINDING AGREEMENT BETWEEN GETCALLERS AND ITS WEB SITE USERS, INCLUDING BUT NOT LIMITED TO ITS CUSTOMERS AND FREELANCE CALLERS. BY ACCESSING OR USING ANY PART OF THE WEBSITE OF GETCALLERS.COM GetCallers SERVICES, OR BY ACTING AS A FREELANCE CALLER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEB SITE, THE SERVICES, OR PERFORM ANY FREELANCE CALLING SERVICES. THESE TERMS CONTAINS A WAIVER OF JURY TRIAL RIGHTS AND CLASS-WIDE PROCEEDINGS, WHICH MAY BE ENFORCED BY AND AGAINST THE PARTIES. ADDITIONALLY, THESE TERMS SALL GOVERN TRIAL VERSIONS.These Terms are a set of policies governing the use of the GetCallers Platform operated by GetCallers ("GetCallers" or "Company"). These terms contain specific policies governing the use of customers ("Client") seeking for call or telemarketing services and independent contractors who work through GetCallers to provide freelance calling services ("Freelance Users," "Freelancers"). These Terms are in addition to the SaaS and Service Agreement for Clients and the GetCallers Independent Contractor Agreement for Freelance Users. For more information on your legal obligations, please consult the document applicable to you.
ABOUT THE GETCALLERS.COM SERVICE
The GetCallers Platform helps Client Users find Freelance Users to serve as calling agents for telemarketing, cold calling, lead generation, appointment setting, customer service tasks, data entry chat support, email support, administrative tasks, and phone outreach campaigns. The GetCallers service ("Services") provides access to GetCallers's virtual community of Freelancer Users, easy collaboration through GetCallers's management tools, and simple, secure payment and invoicing tools ("Platform"). GetCallers does not initiate calls or offer call services directly but brings together a freelancers team, independent contractors, to serve Client Users' needs. GetCallers provides leads applicable to a specific vertical or client needs. Command and responsibility shall be the client's sole liability or obligation towards their freelancer (s). At no point will GetCallers be held liable nor is responsible for the actions or omissions of any Freelancer performing calling services, nor does any use of the Services by Client Users imply an endorsement. GetCallers does not make any warranty, guarantee, or representation of any Freelancer's ability, competence, quality, or qualifications.
Freelancer Users are independent professionals who offer to perform calling and outreach services for Customers directly and not for or to GetCallers. They are not employees or agents of GetCallers, which is merely a software solution or platform where Freelancers and clients meet. GetCallers platform is mainly used by Freelancers who offer their services for prospective clients. On the other hand, Clients looking for Freelancers to perform tasks on their behalf uses the GetCallers platform to search for prospective Freelancers. Freelance Users must comply with internal rules, provide complete and updated information on the Services at all times. Failure to complete the sign-up process within thirty days of initiating the process will result in accounts not being activated. Further, failure to apply for call campaign opportunities within seven days of completing the registration will result in such accounts not being activated. Freelance Users shall also comply with and be subject to GetCallers's Freelance User Rules and Policies. GetCallers may remove or terminate any Freelancer User at any time at its sole discretion with or without cause, including without limitation if the freelancer is determined by GetCallers to have violated any agreements with GetCallers. Lastly, the freelancer may be removed due to any violation with the agreement signed by the Freelancer with GetCallers and any of its associates.
Freelancer-Client Relationship through Service Use
An independent contractor relationship may be formed through the use of the Service between Clients and Freelancers only. Customers may post Call Campaigns through the service. Freelancers may join or accept assignments for the Call Campaigns at their discretion. Upon acceptance, the scope of a Freelancer's representation is strictly limited to the matter agreed upon in the Call Campaign. GetCallers makes strong efforts to ensure the privacy of Call Campaigns and other personal messages within its Services. Any information or data privacy violation committed by the freelancer against the client not concerning GetCaller's Services shall not be the responsibility of GetCallers. Communications requiring confidentiality should take place outside the GetCallers Service. Freelancers must ensure that their services are in full compliance with all applicable laws and regulations. GetCallers does not assume responsibility for ensuring that Freelancers meet the applicable legal requirements. Instead, GetCallers relies primarily on its Clients to ensure that the Call Campaign is compliant. To the extent that Freelancers make any of their own compliance decisions, with the consent of the Client, Freelancer User must comply with the law. GetCallers will not assume any liability if a Freelancer or a Client suffers any loss due to an actual or alleged violation of the law. Notwithstanding the previous, freelancers acknowledge that GetCallers has taken active steps to ensure its vendors and affiliates' compliance, including by having freelancers agree to these terms and otherwise. Notwithstanding anything contained herein to the contrary, freelancer shall indemnify GetCallers, including all expenses from and against any actual or alleged Telephone Consumer Protection Act (TCPA) or any violation related to Freelancer's Services provided hereunder. Freelancers shall be liable for liquidated damages without the need for judicial demand of $10,000 for any circumvention of any agreement between the client, GetCallers, and freelancer, specifically direct business communication of the client at the exception or consent of GetCallers.The freelancer shall properly document, process, and honor all opt-outs and transmit the same back to the client. Freelancer will represent the client's truthful and authorized name when calling on a Client's behalf and adhere to the script provided by the client while compliant with any applicable law. The freelancer shall refrain from sales misrepresentations and shall accurately describe any product or service offered and shall comply with any applicable mandatory disclosure rules, including without limitation, any scripting or instructions provided by the customer, as well as any consumer cancellation rights or refund-related disclosures. Freelancer User shall at all times act professionally while calling for Customers and not use profane, vulgar, or any inappropriate, discriminatory, inflammatory, harassing, or offensive statements of any kind. To the extent allowed by law, freelancer shall at all times be an independent contractor of GetCallers, and not of the client, and shall not be an employee, co-venturer, or co-owner of either. The freelancer shall take all necessary steps to file appropriate tax statements and will cooperate with Client and GetCallers as required to facilitate any necessary filings. English speaking Freelancers shall serve a minimum of 30 hours per week. The freelancer shall not request or obtain any sensitive or personal or protected financial or health information, including without limitation to any credit card number unless authorized by law and expressly consented to by the client. Freelancer certifies that he/she truthfully represented all qualifications and experience to GetCallers, and never been convicted of any crime or violation involving moral turpitude within ten years preceding or during the time in which the Freelancer Agreement is in force for GetCallers and Clients. The freelancer will accept, record, and transmit to the client, and internal opt-out freelancer receives, and shall never call such individual again on behalf of that client. The freelancer shall only use the GetCallers platform to communicate with the customer. GetCallers shall not be liable for any accident occurring at the freelancer's location of work or any conduct of freelancers. Freelancer is solely responsible for ensuring that any information they post or place on the Website, or communicate through our platform, including without limitation to Calling Tasks, User-Generated Content, and any communications they may have with prospective Clients through the Website or the Service, fully comply with all applicable laws and rules of professional conduct. Freelancer User shall use commercially reasonable technology to secure any GetCallers or Client data it possesses as part of performing its services.
GetCallers may, in its discretion or if requested by the client, require the freelancer to take and pass practical tests regarding performance, competency and compliance, but is not responsible for or liable for GetCallers Freelancer User behavior or conduct. Freelancer acknowledges and agrees that neither GetCallers nor the client will control the work environment in which a Freelancer will perform services for Clients. The client will be solely responsible for ensuring that the work environment is safe and free from harassment and discrimination as required by applicable law concerning their conduct and communications. Notwithstanding the preceding, GetCallers does not tolerate discrimination or harassment in violation of the law.
Freelancer Users who accept and perform Call Campaigns through the service shall receive payment or compensation through GetCallers.GetCallers will terminate a Freelancer's access to and use the Website if such Freelancer User is found to be accepting payment outside the Service for Clients found through the service. The freelancer shall be prohibited from removing/diverting any Client away from GetCallers, directly or indirectly, intentionally or negligently, and shall pay liquidated damages, without the need of judicial demand, in the amount equal to GetCallers's anticipated fees related to that client for the subsequent ten years. Freelancer User shall comply with all procedures for using the GetCallers platform. They shall only use the GetCallers platform to perform the services and consents to use the GetCallers platform tracked by GetCallers. The freelancer shall not in any way work directly or indirectly for the client. Any direct business communication between the client and the freelancer at the exclusion of GetCallers shall be deemed a violation of the agreement. Freelancers cannot work for (Full-time or Part-time) or operate any company with the same business venture with GetCallers. If a Client disputes incentive eligibility for a Freelancer for any reason, GetCallers will withhold payment of the incentive, review, and decide in its sole discretion regarding freelancer's eligibility. Freelancers are not guaranteed any minimum number of hours, and the availability of work will depend on the availability of Call Campaigns offered by Customer Users. Freelance Users that do not apply for call campaign work and have not made calls on any existing call campaigns may be subject to automatic account deactivation.
GetCallers reserves the right to terminate access to the GetCallers platform and terminate services for any reason allowed under the Agreement or if the client is determined by GetCallers in its sole discretion to have violated any law or any provision herein. The client shall remain responsible and ensure that all data submitted through GetCallers to Freelancers are compliant. This includes, without limitation, ensuring that the customer has the proper consent, established business relationship ("EBR"), or other exemption to call the telephone numbers submitted. This also includes ensuring that any scripting submitted, or product offered therein, complies with applicable laws.Any data submitted to or collected by GetCallers shall solely be used for the campaign of the client. The agreement between the client and GetCallers shall be weekly unless specified for a different duration during onboarding. The client agrees that upon signing up, GetCallers shall communicate through voice or written communication. The communication shall not hold GetCallers and its representatives, or employees, nor the freelancer agents any liability related to it. The client agrees and commits to supply to the freelancer the necessary scripts, training materials, rebuttals, data, leads, CRMs, DNC lists to scrub against, caller id of choice, and any material relevant to the campaign. Any training materials in violation of law anywhere in the globe, expressly but not limited to the United States of America and any law of the client's state shall be the sole responsibility of the client, and GetCallers cannot in any way be deemed to have participated directly or indirectly with the illegal activities. The client shall maintain standards necessary to comply with all applicable laws, rules, regulations, and ordinances, including, without limitation, CI Level, 1, HIPAA, and Financial Services Modernization Act rules and regulations. The client shall ensure that its processes and scripts comply with call recording law, timezone ("curfew") laws, rules, regulations, ordinances, and licensing obligations. Client shall be solely responsible and liable for compliance with all caller ID and "spoofing" rules at all times.Clients or Freelancers who use the Services of GetCallers must ensure that its products and marketing are in full compliance with all applicable laws and regulations, including without limitation, all state, federal, and international: product-specific offer regulations; Do-Not-Call ("DNC") list prohibitions, including by obtaining a SAN and providing that to GetCallers upon request; licensing and bonding requirements; consumer cancellation rights; wireless calling restrictions; restrictions on the use of automatic telephone dialing systems and prerecorded messages; Opt-out rules; mandatory disclosures intellectual property rights and limitations; and document retention regulations.
The client agrees that it has read and understands the FTC's Telemarketing Sales Rule ("TSR") and the FCC's Telephone Consumer Protection Act ("TCPA"), and all other applicable laws and regulations. The client should review these rules with his/her legal counsel to ensure that the client understands and is fully compliant. GetCallers does not assume responsibility for ensuring that the client's marketing meets applicable legal requirements. Instead, GetCallers relies on Client and Freelancer's representation, as the marketing experts, for that expertise and legal compliance. GetCallers will not assume any liability if Freelancer or Client suffers any loss due to an actual or alleged law violation. Notwithstanding anything contained herein to the contrary, the client shall indemnify and defend GetCallers (including for its attorney's fees) from and against any actual or alleged TCPA or other law violation related to the calls or Services provided hereunder. The client is solely liable for, and its compliance obligations include, without limitation, refraining from initiating any call, text, or message using an autodialer, as defined by the FCC, to send a marketing message to a cell phone or any device where the called party is charged for the call, without prior express written consent. GetCallers's system is not designed to be an autodialer, but the client assumes all risks related to misinterpretations. Neither GetCallers nor its Client or Freelancers shall be permitted to alter or manipulate the calling system to add any autodialer features in the future.The client will manually call cell phones rather than autodial unless the client or its agents have prior express written consent from the called party, as defined by the TCPA. The client will honor all opt-outs and government DNC lists, and if any error is made, the client shall promptly report the same to GetCallers. All data collected for dialing purposes shall be checked firsthand by the client. The client shall take appropriate actions in ensuring that the data collection and processing are not violating any law and any liability not attributable to GetCallers and its representatives, or employees, nor to the freelancer agents shall not be borne by the latter. Any violation that shall hold GetCallers and its representatives, employees, and the freelancer agents are free from liability.
The client agrees that once leads are bought from GetCallers, the data and other relevant information will not be returned. The client is charged for the leads purchased from various vendors. The client agrees and consents that GetCallers record all calls, inbound or outbound, including the opening and closing spiel for customers.
The payment mode concerning the service agreement between the client and GetCallers shall be Stripe Payments via credit card or bank ACH. The client is not required to pay any security deposit. An annual increase is not applied. The client agrees and understands that he/she will be charged with a MANDATORY 3% PROCESSING FEE upon commencement of the service agreement to cover the merchant processing expenses. The customer agrees and consents that his/her account will be auto-charged weekly.Each Freelancer-trainee training period shall be billed at $15 per day for two days only and 4 hours each day of training. Additional days of training shall be billed per day-basis at $15 per day with the same 4 hours per day training.A description of the GetCallers plans and fees can be found on https://www.getcallers.com/pricing.
Referrals (e.g., call subject gives Freelance User different numbers to reach the same or other people). All sales are final. The client may also have the option to pay the freelancer a short-term incentive bonus at the client's discretion, using the Site. To pay a bonus to a Freelancer, the client must follow the instructions and links on the Site and provide the information requested. GetCallers may take a reasonable fee on top of any such bonus/commission service. GetCallers shall determine any disputes related to incentives in its sole discretion. The client must have an Account in good standing order, a valid and authenticated default Payment Method. The customer must agree to pay for minutes/contacts billed by GetCallers automatically. Within a Review Period of 7 days, the customer must submit a Dispute specifically identifying the calls that are not related to Customer instructions. GetCallers will investigate and determine in its sole discretion whether the above terms and conditions are met. While on the process of a dispute regarding payment of fees under the agreement, the service agreement shall not be renewed unless and until the client provides an amount of one month advance. Client's Usage of GetCallers's products and services constitutes acceptance of GetCallers's SaaS and Services Agreement and this Terms. Late Fees: GetCallers may assess a $15.00 late fee for accounts with past due payments.
Chargebacks: If a Client initiates a chargeback, GetCallers may assess a $50.00 processing fee for each chargeback. Chargebacks may result in a suspension of account and access to the Services while it is being investigated. Collections Fee: In the event, an account is submitted to a third-party collections service, a $15.00 processing fee may be assessed to the existing account balance. This fee is in addition to any other fees previously assessed on the account.Interest: Any charges not paid when due are subject to interest at a rate equal to the lesser of: one and one-half percent (1.5%) per month; or the maximum interest rate allowed by applicable law. Cancellations must be made by sending an email to accounting@GetCallers.com, stating that the client wishes to terminate your account, along with your full name and registered email address. Clients are encouraged to keep records of all cancellation communication. Cancellations will take effect on the last day of the billing period in which the cancellation request was received. Closing an account with GetCallers cannot be done by simply canceling the credit/debit card. GetCallers will continue to treat this as an open account, and the billing cycle will continue, resulting in a past due account that may be turned over to a third-party collection service. Cancellation of an account shall not mean a termination of outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All canceled accounts with an outstanding balance may be automatically turned over to a third-party collection service. By signing up for any direct service provided by GetCallers and providing either credit card, debit card, or ACH transaction information, client consents to the subsequent recurring billing for services/access provided by GetCallers on an ongoing basis. Such recurring billing shall continue until the customer cancels the service according to the cancellation policy. Recurring Payments: If the Client orders a monthly or yearly plan requiring monthly or annual payments using a credit card, debit card, or ACH, the client acknowledges that it has authorized GetCallers to bill clients regularly permits GetCallers to do so. GetCallers may, at its option, give the client advance notice of recurring billing and provide an electronic receipt of your authorization. The client acknowledges that this authorization will remain in effect until the client cancels it in writing and agrees to notify GetCallers to report any changes in their account information or terminate this authorization at least 15 days before the next billing date. If the above-noted payment dates fall on a weekend or holiday, the client understands that the payments may be executed on the next business day. The client agrees that electronic forms of receipts or acknowledgments shall be used in all transactions with GetCallers.For ACH debits to Customer checking/savings account, the client understands and acknowledges that because these are electronic transactions, the funds may be withdrawn from the account as soon as the above noted recurring transaction dates. In the case of an ACH Transaction being rejected for Non-Sufficient Funds (NSF) Client understands that GetCallers may, at its discretion, attempt to process the charge again within 30 days, and agree to an additional $15 charge for each attempt returned NSF, which will be initiated as a separate transaction from the authorized recurring payment. The client acknowledges that the origination of ACH transactions to their account must comply with U.S. law provisions. The customer certifies that they are an authorized user of the credit card/bank account and will not dispute these scheduled transactions with their bank or credit card, so long as the transactions correspond to the terms indicated in this Agreement. The client agrees that any incident that may result in the delay of payment of fees caused by acts of God, Act of Nature, or force majeure shall be communicated to GetCallers within 24 hours.
The client agrees and commits that he/she will not subject or use GetCallers or it's Freelancers in any harmful or illegal activities. Once discovered after due investigation, the client Agrees and consents that the service contract shall be terminated outright by GetCallers without refund of any amount already paid to the latter. The client agrees and commits that he/she shall not in any way resell, directly or indirectly, the services of GetCallers without its express consent and approval. The client agrees and commits to remain faithful to the service agreement entered with GetCallers. Any activity to circumvent the client's relations, the freelancer, and GetCallers shall be deemed a violation or circumvention of the service agreement. Any direct business engagement or any form of direct communication and business activities between the client and the freelancer shall be deemed a circumvention of the service agreement. Any action deemed a violation or circumvention of agreement against GetCallers shall be subject to forfeiture of the active service agreement with a liquidated penalty of $40,000 at the expense of the client. Client agrees and commits that any form of copying, deconstructing of the platform, reproduction or any form of alteration for whatever purpose, of GetCallers contents without prior latter's approval and consent shall be deemed a violation of this agreement and the same shall be subject to liquidated penalty as stated above. All contents and proprietary software of GetCallers are running for the sole purpose of GetCaller's business venture; they shall not in any way be deconstructed nor replicated by the freelancer or the client for any other purpose.
The client agrees and commits that a request to cancel the service agreement shall be made in writing prior cancellation. If the client prepays services for one (1) week, the client must give at least three (3) days' notice before cancellation. If the client prepays services for two (2) weeks or more, at least a three (3) day written notice should be done before cancellation. All requests should be done in written form and approved by GetCallers before cancellation shall take effect. Notice of cancellation not done in writing is not considered as binding against GetCallers.
RULES ON REFUND
The client agrees and commits that despite the service agreement's prior notice of cancellation, the client is not entitled to any payment refund. GetCallers has no liability to return nor refund payment. The client waives any forms of harm or obligation of GetCallers to return or refund such amount. However, for meritorious reasons, at the sole discretion of GetCallers, it may provide a refund to the client provided that only the prorated unused portion will be returned. Computation of refund will be as follows: The client prepays one (1) month, but only consumed one (1) week and two (2) days- two (2) weeks refund will be given. The client prepays for two (2) weeks, but only consumed six (6) working days; absolutely no refund shall be given. The client prepaid for one (1) week but did not notify within three (3) days of live service; no refund shall be given. If the client prepaid for one (1) week but used up only one (1) or two (2) days of services and has notified in written form three (3) days prior, then the client is entitled to reimbursement of the prorated unused portion. For the prepaid services canceled but are no longer subject to refund, the client has to continue using the remaining number of days availed. The $25 setup fee is non-refundable after the agent has already begun training. The mode of computation of refund applies to all Clients, and no other method of calculation will be entertained.
CONFIDENTIALITY and NON-COMPETE
Confidential Information. GetCallers and the Client, as a result of this, acknowledge that because of the relationship under this Agreement, parties have access to information and material information including but not limited to those relating to the business plans, customers, product/pricing, technology, IT systems, quality management system, that are confidential and of substantial value to each party which value would be impaired if such information were disclosed to third parties.
GetCallers and the client, their assigns and heirs, shall neither disclose in any way to any third party in any transaction any Confidential Information which was obtained because of this Agreement, nor use the said Confidential Information in any way directly or indirectly detrimental to the disclosing party, or for any other purpose other than for the provision of the service provided herein. This confidential information mainly includes any campaign/account information, financial information, spreadsheets and reports, proprietary tools, systems in the transmitted, soft or hard copy form, and any information that may be considered confidential, including any trade secrets. Each of the parties shall ensure that its directors, employees, and advisors and each other individuals to whom the Confidential Material is disclosed adhere to the terms of this undertaking as if he or she was a party hereto. The protected information obtained by both parties shall remain confidential for five years after termination of this agreement.