THESE TERMS ARE A BINDING AGREEMENT BETWEEN GETCALLERS AND ITS WEB SITE USERS, INCLUDING CUSTOMERS AND FREELANCE CALLERS. BY ACCESSING OR USING ANY PART OF THE WEBSITE OR THE 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 a 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 is to be used to help Client Users find Freelance Users to serve as calling agents for telemarketing, cold calling, lead generation, appointment setter, customer service representative, data entry chat support, email support, administrative assistant 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 team of freelancers, independent contractors to serve the needs of Client Users. GetCallers simply provides leads applicable to a specific vertical or client needs. Command and responsibility shall be the sole liability or obligation of the Client towards his or her 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 as to the ability, competence, quality, or qualifications of any Freelancer.
GetCallers reserves the right to terminate access to the GetCallers platform and terminate services for any reason allowed under the Agreement, or if 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 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 on a weekly basis.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 a law in any concerned 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.Client shall maintain standards necessary to comply with all applicable laws, rules, regulations and ordinances, including, without limitation, CI Level , 1, and HIPAA, and Financial Services Modernization Act rules and regulations. 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 uses of 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 pre-recorded messages; Opt-out rules; mandatory disclosures intellectual property rights and restrictions; and document retention regulations.
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. Client should review these rules with his/her own legal counsel to ensure that Client understands and is fully compliant. GetCallers does not assume responsibility for ensuring that Client’s marketing meets applicable legal requirements. Rather, GetCallers is relying 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, 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. Client is solely liable for and its compliance obligations includes, 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 Client assumes all risks related to misinterpretations of the same. Neither GetCallers, nor its Client or Freelancers, shall be permitted to alter or manipulate the calling system in order to add any autodialer features in the future.Clients compliance obligation also includes, without limitation, refraining from initiating any call, text or message for marketing purposes, to any individual on any federal or state DNC list, without express written consent or an established business relationship, as defined by law.Client will manually call cell phones, rather than autodial, unless Client or its agents have prior express written consent from the called party, as defined by the TCPA. Client will honor all opt outs and government DNC lists and if any error is made, Client shall promptly report the same to GetCallers.Client agrees and consents that GetCallers record all calls, inbound or outbound, including the opening and closing spiel for customers.
The mode of payment in relation to the service agreement between the client and GetCallers shall be Stripe Payments via credit card or bank ACH.Client is not required to pay any security deposit. Annual increase is not applied. Client agrees and understands that he/she will be charged of MANDATORY 3% PROCESSING FEE upon commencement of the service agreement to cover the expenses of the processors. Customer agrees and consents that his/her account will be auto-charged on a weekly basis.Training period for each Freelancer-trainee 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 on a 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 number to call same or different person).All sales are final. Client may also have the option to pay Freelancer a short-term incentive bonus at the Client’s own discretion, using the Site. To pay a bonus to a Freelancer, 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. Any disputes related to incentives shall be determined by GetCallers in its sole discretion. Client must have an Account in good standing order, a valid and authenticated default Payment Method, and Customer must agree to automatically pay for minutes/contacts billed by GetCallers. Within a Review Period of 7 days, Customer must submit a Dispute specifically identifying the calls that are not clearly 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 dispute as regards to payment of fees under the agreement, the service agreement shall not be renewed unless and until a payment of one month advance is provided by the client.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 individual 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 done by sending an Email to support@GetCallers.com, stating that 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 termination of outstanding invoices. At the time of cancellation, any outstanding balance must be settled. All cancelled 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 by 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 such time as the Customer cancels the service in accordance with the cancellation policy. Recurring Payments: If Client orders a monthly or yearly plan requiring monthly or annual payments using a credit card, debit card or ACH, Client acknowledges that it has authorized GetCallers to bill Client on a recurring basis and authorizes 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. Client acknowledges that it understands that this authorization will remain in effect until the Client cancels it in writing, and agrees to notify GetCallers in writing of any changes in their account information or termination of this authorization at least 5 days prior to the next billing date. If the above noted payment dates fall on a weekend or holiday, Client understands that the payments may be executed on the next business day. 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, Client understands and acknowledges that because these are electronic transactions, the funds may be withdrawn from the account as soon as the above noted periodic 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. Client acknowledges that the origination of ACH transactions to their account must comply with the provisions of U.S. law. 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.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.
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, Client Agrees and consents that the service contract shall be terminated outright by GetCallers without refund of any amount already paid to the latter.Client agrees and commits that he/she shall not in any way resell, directly or indirectly the services of GetCallers without it’s express consent and approval.Client agrees and commits to remain faithful to the service agreement entered with GetCallers. Any activity to circumvent the relations between the client, 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 activity 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 or reproduction of GetCallers contents without the 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 ran 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.Client agrees and commits that any time a request to cancel the services agreement shall be done within three days prior to the effective date of cancellation.
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 in its sole discretion with or without cause, including without limitation if Freelancer is determined by GetCallers to have violated any agreements with GetCallers. Lastly, 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. Freelancer may join or accept assignments for the Call Campaigns at their own 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 in relation to GetCaller’s Services shall not be the responsibility of GetCallers. Communications requiring confidentiality should take place outside the GetCallers Service. Freelancer 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. Rather, 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 a law. Notwithstanding the foregoing, Freelancer acknowledges that GetCallers has and is taking active steps to ensure the compliance of its vendors and affiliates, including by having Freelancer 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 in the amount 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.Freelancer shall properly document, process and honor all opt outs and transmit the same back to the Client. Freelancer will represent the truthful and authorized name of the Client when calling on a Client’s behalf, and adhere to the script provided by the Client, at the same time, compliant with any applicable law. 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 in a professional manner 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 a 1099 independent contractor of GetCallers, and not of the Client, and shall not be an employee, co-venturer or co-owner of either. Freelancer shall take all necessary steps to file appropriate tax statements and will cooperate with Client and GetCallers as necessary to facilitate any necessary filings. English speaking Freelancers shall serve a minimum of 20 hours per week, while Spanish-speaking Freelancers shall serve a minimum of 40 hours per week. Freelancer shall not request or obtain any sensitive or personal or protected financial or health information, including without limitation any credit card number, unless authorized by law and 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 10 years preceding or during the time in which the Freelancer Agreement is in force for GetCallers and Clients. 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. Freelancer shall only use the GetCallers platform to communicate with Customer. GetCallers shall not be liable for any accident occurring at Freelancer’s location of work or any conduct of Freelancer and Freelancer are solely responsible for ensuring that any information they post or place on the Website, or communicate through our Platform including without limitation 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 Freelancer to take and pass reasonable 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, with respect to their conduct and communications, the work environment is safe and free from harassment and discrimination as required by applicable law. Notwithstanding the foregoing, 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 representative KCCBPO. GetCallers will terminate a Freelancer’s access to and use of the Website if such Freelancer User is found to be accepting payment outside the Service for Clients found through the Service. Freelancer shall be prohibited from removing/diverting any Client away from GetCallers, directly or indirectly, intentionally or negligently, and shall pay liquidated damages in the amount equal to GetCallers’s anticipated fees related to that Client for the subsequent 10 years. Freelancer User shall comply with all procedures for using the GetCallers platform, shall only use the GetCallers platform to perform the services and consents to have their use of the GetCallers platform tracked by GetCallers. Freelancer shall not in any way work directly 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.Freelancer 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 make a determination in its sole discretion as regards to his eligibility. Freelancers are not guaranteed any minimum number of hours and availability of work will depend on 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.
CONFIDENTIALITY and NON-COMPETE
Confidential Information. GetCallers and the Client hereby acknowledge that by reason 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 were obtained by reason 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 particularly includes any campaign/account information, financial information, spreadsheets and/or reports, any proprietary tools, systems in the transmitted, soft or hard copy form and including 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 a period of 5 years after termination of this agreement.