Independent Agents Supplemental Terms

DialCru operates the Network and the Service through which the Customer and Independent Agents find each other and work together. DialCru introduces, vets and matches Independent Agents, provides the Service and administers payment. DialCru does not itself provide calling services to the Customer, does not place or answer calls through Independent Agents, and is not a party to the engagement between the Customer and an Independent Agent.

Section 1.16 of the GTC applies to every call an Independent Agent places or answers on an Assignment: the Service is an instrumentality used and directed by the Customer, and DialCru does not call consumers on its own behalf.

Independent Agents are not employees, agents, partners or subcontractors of DialCru, and DialCru does not procure or provide them to work for the Customer for remuneration paid by DialCru. DialCru collects and remits Agent Fees only as each Independent Agent’s limited payment collection agent, under Section 7.3.

DialCru confirms realistic availability before the Customer commits, but does not guarantee that any Capacity Request will be filled, that a particular Independent Agent will be available, or any sales, outcomes or performance on an Assignment.

The Customer submits a Capacity Request. DialCru proposes approved Independent Agents and sends a Quote. The Customer books an Assignment by accepting the Quote.

An Assignment is formed when the Customer has accepted the Quote and an Independent Agent has accepted the Assignment and its schedule. The engagement for each Assignment is directly between the Customer and the Independent Agent, as an independent contractor of the Customer, on the terms of the Assignment and this Independent Agents Supplement.

The Customer is responsible for its relationship with each Independent Agent it engages, including how it directs and treats them, and for complying with any labour, tax and other law that applies to that relationship.

If an Independent Agent becomes unavailable or is removed under Section 6, DialCru will try to propose a replacement but is not obliged to provide one.

For twelve (12) months after an Independent Agent’s last Assignment for the Customer, the Customer must not engage that Independent Agent for calling or contact-centre work other than through DialCru, unless it pays the conversion fee set out in the Quote or otherwise agreed in writing with DialCru.

The Customer provides the campaign, script, product information, contact lists, calling times and instructions for each Assignment, and decides who is called, when, and what Independent Agents are instructed to say. Calls placed or answered by an Independent Agent on an Assignment are placed or answered on the Customer’s behalf and are deemed authorized by the Customer under Section 4.2 of the GTC.

The Customer’s obligations under Section 4 of the GTC, the Acceptable Use Policy and the Calling Compliance rules apply to every call on an Assignment as if made by the Customer’s own staff. The Customer must hold the consent or other lawful basis each call requires, and keep and apply its do-not-call lists.

Where an Assignment involves a regulated activity, such as selling insurance or credit or rendering financial services, the Customer is responsible for any licence, appointment, accreditation, registration and supervision the law requires for the Independent Agent, such as appointing them as its representative under the Financial Advisory and Intermediary Services Act, 2002. DialCru’s vetting does not satisfy those requirements.

The Customer must brief Independent Agents on its campaign and products, is responsible for the accuracy of what it instructs them to say, and must monitor their calls and outcomes. The Customer must tell DialCru promptly about any conduct concern or Complaint involving an Independent Agent.

Independent Agents work inside the Service, with the role-based access the Customer grants them. The Service does not allow bulk export of contact data to an Independent Agent’s devices.

Independent Agents process Customer Data on the Customer’s behalf and under its instructions. They are not DialCru’s Sub-processors. The Customer is responsible for any agreement or safeguard Data Protection Law requires for that processing. As a condition of joining the Network, DialCru requires each Independent Agent to accept confidentiality and data-protection obligations.

DialCru’s own processing of Customer Data through the Service remains subject to the Data Processing Agreement.

Before an Independent Agent can access Customer Data, DialCru carries out identity and qualification checks and requires product training and certification. DialCru’s vetting is a screening process carried out with reasonable care, not a guarantee of an Independent Agent’s conduct, skill or results.

The Customer may ask for additional checks, such as criminal-record or credit checks, at its own cost and only with the Independent Agent’s consent and as the law allows.

DialCru may remove an Independent Agent from an Assignment or the Network at any time. The Customer may ask DialCru to remove an Independent Agent from its Assignments for a legitimate reason.

Independent Agent capacity is charged per Booked Hour at the Agent Fee plus the Service Fee in the Quote. Telephony and AI quality assurance are billed separately under the Subscription and Billing Terms, and no agent licence applies to Independent Agents.

Booked Hours and outcomes are checked against the Service’s records before they are invoiced. The Customer may dispute an invoice under Section 5.1 of the GTC.

Each Independent Agent appoints DialCru as its limited payment collection agent to invoice and collect Agent Fees from the Customer. The Customer’s payment of an Agent Fee to DialCru discharges its obligation to pay the Independent Agent for that work. DialCru remits Agent Fees to Independent Agents for verified work and keeps the Service Fee.

Cancelling Booked Hours is subject to the cancellation terms in the Quote.

Section 5.2 of the GTC applies to the Service Fee. Taxes on Agent Fees are a matter between the Customer and the Independent Agent, except where the law requires DialCru to collect or withhold them.

DialCru is not responsible for the acts or omissions of Independent Agents or the Customer on an Assignment, including what is said on calls, any sale, advice or commitment made, or compliance with the law that applies to the calls, except to the extent caused by DialCru’s breach of this Independent Agents Supplement.

Section 9 of the GTC applies to DialCru’s liability relating to Independent Agents. Agent Fees are paid to Independent Agents and do not count as fees paid to DialCru.

In addition to Section 2.7 of the GTC, DialCru may pause an Assignment immediately, without prior notice, if it reasonably suspects unlawful calling, missing consent, a risk to an Independent Agent’s safety or wellbeing, or Complaints above the thresholds in the Acceptable Use Policy, or if fees are overdue.

An Assignment ends at the end of its schedule, or earlier as the Quote allows. When it ends, the Customer must remove the Independent Agent’s access to its campaigns and Customer Data, and DialCru will do the same.