Read this before you pay: your Balance is non-refundable. Money you load onto a Human Calling Balance will not be returned to you, in whole or in part, except where these Terms expressly require a credit or where applicable law requires otherwise. In exchange, your Balance never expires. There is no clock, nothing is forfeited, and unspent Balance remains available indefinitely.
These Terms cover the Dialsdone Human Calling Service only. They are separate from the Dialsdone AI Platform Terms of Service, which govern the AI phone agent product. If you use both products, each product is governed by its own agreement.
Table of Contents
These Human Calling Terms of Service ("Terms") are a legally binding agreement between you ("Customer," "you," or "your") and Dialsdone ("Dialsdone," "we," "us," or "our").
They govern the human outbound calling and appointment-setting service described at the Dialsdone Human Callers page (the "Service").
You accept these Terms by completing the Human Calling onboarding process, loading a Balance, approving a Frame, approving a Prospect, or otherwise instructing Dialsdone to begin work on your behalf.
If you accept these Terms for a company or other legal entity, you represent that you have authority to bind that entity.
These Terms incorporate by reference our Privacy Policy, Human Calling compliance guidance, and any invoice or written statement of work issued to you.
The Service is offered for legitimate business-to-business commercial purposes.
You represent and warrant that:
Dialsdone may decline, pause, restrict, or terminate any campaign where we reasonably believe the campaign, List, offer, targeting, or requested calling activity creates legal, regulatory, reputational, or operational risk.
Human Calling is a managed outbound calling service performed by trained human Callers.
You provide the List. Dialsdone provides the Callers, telephony, Frame preparation, calling activity, recordings, dispositions, notes, and dashboard reporting.
Dialsdone works the List you provide or approve and attempts to reach appropriate contacts and book meetings where the conversation warrants it.
You provide your ICP, offer, targeting requirements, and exclusions.
Dialsdone handles prospect identification and outreach, subject to your approved criteria. We send Prospects to you with relevant profile information and our notes for approval before a meeting is booked.
If you reject a Prospect, you do not pay a meeting fee for that Prospect.
If you approve a Prospect, Dialsdone may contact that Prospect and attempt to book the meeting.
You provide the calendar or booking link used for meetings.
Dialsdone does not guarantee that any Prospect will agree to a meeting or attend one.
Dialsdone does not guarantee:
Any example of expected dials, meetings, conversion rates, spend, or results is illustrative only and is not a forecast, target, or guarantee.
Callers work from an approved Frame but do not read it word-for-word. A Caller may adapt the conversation naturally and answer questions in their own words.
Dialsdone does not act as your employee, legal adviser, or agent for purposes of entering contracts on your behalf.
Your Balance is prepaid and non-refundable once loaded, except where a credit is expressly provided under these Terms or where applicable law requires otherwise.
This applies whether or not:
Your Balance never expires.
Pay Per Dial charges:
The minimum first Balance load for Pay Per Dial is $499 USD.
Top-ups after the initial load may be any amount.
Pay Per Meeting charges:
There is no minimum Balance load for Pay Per Meeting.
Rejected Prospects do not incur a meeting fee.
A meeting you cancel with more than 20 minutes' notice does not incur a meeting fee. See Section 8.5.
Dialsdone can never spend more than the available Balance.
For Pay Per Dial, calling stops when the Balance reaches zero.
A Pay Per Dial meeting can only be booked when the available Balance covers the applicable $150 meeting fee.
For Pay Per Meeting, a meeting can only be booked when the available Balance covers the applicable $250 meeting fee.
There is no invoice in arrears and no automatic overage.
Your Balance does not expire.
Dialsdone will not apply a dormancy fee, forfeiture, or expiry date to unused Balance.
Nothing in these Terms prevents Dialsdone from correcting an error.
If Dialsdone charges your Balance incorrectly under these Terms, we may credit the applicable amount back to your Balance.
A Balance credit is not a cash refund.
Fees are exclusive of applicable taxes, duties, and bank charges.
You are responsible for transfer fees charged by your bank or intermediary financial institutions.
Under Pay Per Dial:
Where Dialsdone determines that a number is disconnected, unassigned, or otherwise incapable of connecting, Dialsdone may credit the Dial back to the Customer's Balance.
A wrong person, wrong title, gatekeeper, unanswered call, voicemail, or other live/usable number is not an invalid number.
A meeting fee applies to a Held Meeting, not merely a meeting that has been booked.
A meeting is considered Held when:
If the Prospect does not attend, no meeting fee is charged.
If the Prospect cancels and the meeting does not occur, no meeting fee is charged.
A rescheduled meeting attracts one meeting fee, not a separate fee for each scheduled date.
If the Customer cancels the meeting or fails to attend, the meeting is treated as Held and the $150.00 meeting fee applies.
The Dials that produced the meeting have already been placed and charged, and are not credited back.
If the Customer notifies Dialsdone that the meeting will not proceed, or cancels it, more than 20 minutes before the scheduled start time, no meeting fee applies.
If the Customer cancels 20 minutes or less before the scheduled start time, or fails to attend without notifying Dialsdone, the meeting is treated as Held and the $250.00 meeting fee applies.
There is no limit on how many times a meeting may be cancelled or rescheduled with more than 20 minutes' notice, and no fee for doing so.
The 20-minute period is not a penalty. It is the time Dialsdone needs to reach the Prospect before they join, so that the Prospect is not left waiting for a meeting that will not take place.
Notification may be given by any reasonable means, including marking the meeting as cancelled in the Customer dashboard. The time of notification is the time it is received by Dialsdone.
Dialsdone may ask the Customer to confirm whether a meeting was held.
If the Customer does not respond within three business days, Dialsdone may treat the meeting as Held and charge the applicable meeting fee.
The Customer may dispute the charge under Section 09.
A Customer may dispute a meeting charge within seven days of the charge appearing in the Customer's account.
The Customer must identify the meeting and provide the reason for the dispute.
Dialsdone may review available booking records, call recordings, meeting information, and Caller notes.
If Dialsdone determines that the meeting fee was incorrectly charged, the applicable amount will be credited to the Customer's Balance.
A credit restores Balance and is not a refund to the Customer's bank account.
Dialsdone will not begin Pay Per Dial calling until the Customer approves the Frame.
The Frame is a structure for the conversation and may include:
The Customer may request revisions before approving the Frame.
Callers use the approved Frame as guidance rather than reading it word-for-word.
The Customer is responsible for the accuracy and legality of claims, representations, offers, pricing, guarantees, and other substantive content supplied or approved by the Customer.
For Pay Per Dial, the Customer is responsible for the List it provides or approves.
By providing or approving a List, the Customer represents and warrants that:
Before calling begins, the Customer must provide Dialsdone with any numbers, companies, individuals, accounts, domains, or other contacts that must not be contacted.
The Customer is responsible for keeping its exclusion information current and promptly notifying Dialsdone of any new exclusion.
Dialsdone will use the exclusion information supplied by the Customer for the campaign.
Unless expressly agreed in writing as a separate service, Dialsdone does not independently scrub a Customer-provided List against the National Do Not Call Registry or other external government or third-party do-not-call databases.
The Customer must therefore not provide numbers for calling where the Customer does not have the lawful basis or permission required for the intended campaign.
The Customer remains responsible for determining whether the contacts it provides may lawfully be contacted.
If a person contacted during a campaign asks not to be contacted again, the Caller will record the request and Dialsdone will suppress that contact from further calling for the applicable campaign.
The Customer agrees not to re-submit or separately instruct Dialsdone to call a contact that has been suppressed following an opt-out unless legally permitted and otherwise agreed in writing.
For Pay Per Meeting, Dialsdone is responsible for its prospecting process and for applying the Customer's approved ICP and exclusions when sourcing Prospects.
The Customer remains responsible for:
The Customer's approval of a Prospect does not require the Customer to accept any commercial relationship with that Prospect.
Dialsdone may refuse to call, stop calling, remove a Prospect, or suspend a campaign where we reasonably believe continuing would create legal, regulatory, reputational, or safety risk.
Calls may be recorded for campaign management, quality assurance, dispute resolution, and Customer access where the applicable Service includes recordings.
Where Applicable Law requires a recording notice or other disclosure, Dialsdone may include the required notice in the approved Frame or otherwise provide it as required.
The Customer acknowledges that call recordings may contain personal information belonging to third parties.
The Customer must use recordings only for lawful business purposes and must comply with Applicable Law when accessing, storing, sharing, or retaining them.
Dialsdone does not sell or license Customer call recordings to unrelated third parties.
The Customer retains ownership of:
The Customer grants Dialsdone the limited rights necessary to use those materials to provide the Service.
Dialsdone will not sell the Customer's List or use it to conduct calling campaigns for another Customer.
Dialsdone may retain call records, recordings, campaign information, and Balance records for as long as reasonably necessary to provide the Service, resolve disputes, maintain business records, and comply with legal obligations.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
DIALSDONE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, except to the extent such disclaimers are prohibited by Applicable Law.
Dialsdone does not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIALSDONE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA ARISING OUT OF OR RELATING TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIALSDONE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT THE CUSTOMER LOADED AS BALANCE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes liability that cannot lawfully be excluded or limited.
To the maximum extent permitted by Applicable Law, the Customer agrees to indemnify, defend, and hold harmless Dialsdone and its officers, employees, contractors, and Callers from claims, losses, liabilities, damages, penalties, costs, and reasonable legal expenses arising from or relating to:
Nothing in this section requires the Customer to indemnify Dialsdone for liability finally determined to have resulted from Dialsdone's own fraud, wilful misconduct, or other liability that cannot lawfully be transferred.
The Customer may stop using the Service at any time.
There is no minimum contract term, notice period, or termination fee.
Stopping the Service does not create a right to a refund of unused Balance.
Dialsdone may suspend or terminate the Service where:
If Dialsdone stops a campaign for reasons other than Customer breach, any unused Balance remains subject to these Terms for as long as Dialsdone continues to offer the Service.
Before commencing formal proceedings, the Customer agrees to contact Dialsdone in writing and provide Dialsdone with a reasonable opportunity to resolve the issue.
Charge disputes should first be handled under Section 09.
The governing law, venue, and dispute mechanics applicable to these Terms will be those specified for the contracting Dialsdone entity in the applicable governing agreement, except to the extent prohibited by Applicable Law.
Dialsdone may update these Terms.
Where a change is material, Dialsdone will provide reasonable notice before the change takes effect.
Changes to pricing, refund terms, or other material commercial terms will not apply retroactively to Balance already loaded unless required by law or expressly agreed by the Customer.
Dialsdone may maintain records of the Terms version accepted by the Customer.
Dialsdone is an independent contractor.
Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency relationship between the parties.
Callers are Dialsdone personnel or contractors and are not employees of the Customer.
Human Calling is separate from the Dialsdone AI Platform.
Human Calling Balance cannot be used for AI Platform services, and AI Platform subscription credits or minutes cannot be used for Human Calling.
The Customer may not assign these Terms without Dialsdone's written consent.
Dialsdone may assign these Terms in connection with a merger, acquisition, restructuring, or sale of assets.
These Terms, together with incorporated policies, invoices, and applicable written statements of work, constitute the entire agreement between the parties concerning Human Calling and supersede prior discussions or representations concerning the Service.
If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in effect.
Failure to enforce any provision does not constitute a waiver of that provision.
Neither party is liable for failure to perform caused by events outside its reasonable control, including telecommunications failures, natural disasters, governmental action, civil unrest, epidemics, or other events beyond reasonable control.
Questions about these Terms may be directed to support@dialsdone.com.