terms of use

This constitutes a legal agreement between you and SayHired if you choose to use our services and our site. Please read carefully as you are legally bound by this agreement. If you have any questions, please email us at terms_of_use@saycalled.com.

The effective date of these SayCalled Terms of Service is September 26, 2010.

Your use of SayCalled services, saycalled.com, and other SayHired-branded websites (collectively, the "SH Service") is governed by these SayCalled Terms of Use (the "SC Terms") and any related policies or guidelines that we may make available from time to time. These Terms are "Additional Terms" to SayHire Terms of Use (the "General SH Terms"), which also apply to the extent that they do not conflict with these SH Terms. In the event of any conflict between the SC Terms and the General SH Terms, the SC Terms shall apply only with respect to the SC Service and the General SH Terms shall otherwise govern.

In order to use the SC Service, you must read and accept these SC Terms. You can accept these SC Terms by clicking on the button which indicates your acceptance of them in the SayCalled user interface, or by actually using the SC Service. By using the SC Service, you indicate your acceptance of the SC Terms and the General SH Terms.

SayCalled and saycalled.com is owned, operated and provided by SayHired, Inc.

The SC Service is intended to be used for conducting telephone surveys and analysis of such surveys. It may not be used for political advertising, telemarketing or other commercial solicitations. In using the SC Service, you must abide by all applicable federal, state and local laws. IF YOU USE THIS SERVICE TO DELIVER POLITICAL ADVERTISING OR TO MAKE TELEMARKETING OR COMMERCIAL SOLICITATIONS, IN VIOLATION OF THESE TERMS OR ASHLICABLE LAWS, YOU ACCEPT ANY AND ALL LIABILITY FOR SUCH ACTIONS.

The pricing [NOTE : hyperlink the word pricing to direct to pricing page on saycalled.com ] for the SC Service is as provided in these SC Terms or as otherwise displayed on the SayCalled website. All pricing indicated is in U.S. dollars, unless otherwise specified. You will pay all fees to SayHired, Inc.

All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. You shall pay all duties and foreign, federal, state, county, local income taxes, VAT, and other taxes, or amounts in lieu thereof, levied or based on the Service or other products or documentation provided to you, exclusive of taxes based upon the net income of SayHired. In the event any payments to be made by you are subject to applicable withholding tax that you are required to deduct from such payments, you shall promptly deliver to SayHired receipts issued by appropriate government authorities for all such taxes withheld or paid by you and you shall fully and promptly cooperate with SayHired to provide such information and records as SayHired may require in connection with any application by SayHired to obtain available tax credits.

In order to use the SC Service, you must prepay for it by depositing funds into your account or, upon prior written consent by SayHired, via other means. Applicable taxes may also be charged at the time you make such a deposit.

Per-Call Rate. The per-call rate charged depends upon the phone number called and the analysis required for it. Current rates for calls may be found at www.saycalled.com/pricing. SayHired may change its call rates at any time, so users should check this website regularly for current call rates. SayHired may also provide users with notice of any call rate changes by email to the email address registered with users' accounts. SayHired also reserves the right to enter into an alternative arrangement with any of its customers for the purchase of account credit or charges for phone calls.
Length of Phone Call. The SC Service is intended to be used for short automated phone surveys not exceeding 5 minutes. For outbound phone calls lasting 5 minutes or less (rounded up to the nearest whole minute), users will pay for 1 phone call at the per-call rate. For outbound phone calls which exceed 5 minutes, users will pay for 1 phone call at the per-call rate, plus an additional per-call charge for every additional 5 minutes (or any portion thereof) the phone call is connected. Thus, for a 2-minute-long phone call, a user would be charged for 1 phone call at the per-call rate; for a 9-minute-long phone call, a user would be charged for 2 phone calls at the per-call rate; and for an 11-minute-long phone call, a user would be charged for 3 phone calls at the per-call rate.

The "account balance" purchased by you has no cash value, and is not a gift card. This balance is non-refundable and non-transferable under all circumstances.

If your account is inactive for more than 180 days (inactivity is defined as not logging into the SayCalled website), your "account balance" may expire and be set to zero. SayHired has no obligation to notify you when your account is about to expire or has expired.

SayHired may determine, in its sole discretion, whether you are eligible for a free trial "account balance." Free trials are limited to one free trial per person or company, and if we find that you have created multiple free trial accounts, we reserve the right to suspend or terminate those accounts and take action to prevent additional violations.

Should you have any dispute as to your account balance or any charges, please contact us at support@saycalled.com within 90 days of the date of the activity that generated such dispute, and we will attempt to resolve the matter. Any and all refunds issued to resolve such a dispute shall be issued as credits to your account balance, but in no event shall there be any cash refunds. Disputes older than 90 days shall not result in any refunds or credits.

The SC Service can be used to contact survey participants in many countries around the world. It is your responsibility to understand and comply with all applicable laws in any countries where you deploy your surveys. You represent and covenant to SayHired that:

1. the information submitted for transmission via the SayHired network for the SC Service is for lawful purposes only and that the tranmmission of messages, telephone calls or files is not in violation of any applicable state, federal or local laws or regulations;
2. you will comply with all applicable laws, regulations, guidelines and conventions including but not limited to laws and regulations relating to Do Not Call registries and telemarketing, data privacy and security, direct marketing, consumer protection, international telecommunications and data protection, and the transfer or export of technical or personal data. Some of these regulations are enforced by the Federal Trade Commission and/or the Federal Communications Commission;
3. you have legally obtained and have the legal right to provide us with the names, telephone numbers, email addresses and any other information that you submit through the SC Service; and
4. you will not use the SC Service in a manner or for a purpose that would cause SayHired to violate any applicable laws.

The SC Service makes use of the Internet and telephone networks for you to send and receive information. As a result, you acknowledge and agree that your conduct is subject to all applicable Internet and telephone network terms of use, subscription agreements and other policies and procedures. In addition, you must obtain and pay for all equipment and third-party communications services (e.g. Internet access, telephone access, email accounts) required to access and use the SC Service.

You may not resell the use of the SC Service to any other party.

You are solely responsible for maintaining the confidentiality, safety and security of your account and account password. Furthermore, you are entirely responsible for any and all activities and transactions that occur with respect to that account. You agree to notify SayHired immediately of any unauthorized use of your account, loss or theft of your password, or any other breach of security. SayHired is not liable for any loss that you may incur as a result of unauthorized use of your password or account.

You may not use anyone else's account without the permission of the account holder. Any attempt to circumvent access controls or to otherwise gain access to any other portion of the SayCalled website or the SH Service, other than what you are authorized to access, is a material breach of these terms and may result in the immediate termination of your account, as well as civil actions or criminal enforcement proceedings.

You may cancel your account or terminate the SH Services at any time by sending a cancellation request to support@sayhired.com from the email address under which you registered your account and including your account username and full name in the email. We will act promptly on such requests. However, you will be liable for all fees incurred up through the termination date and for all fees agreed on in other agreements and/or contracts and/or communications. SayHired shall have no responsibility to notify any third party of any suspension, restriction or termination of your account.

We may terminate your account: (i) if you breach these SC Terms or the General SH Terms, (ii) if we reasonably believe that you are using the SC Service in a manner that may harm the rights, reputation or property of SayHired or any third party, or (iii) if you use the SC Service for any illegal, unauthorized or unlawful purpose.

You are liable for any damages that arise out of your use of the SC Service. SayHired does not assume liability for claims concerning your use of the SC Service, including your use of the SC Service in a manner that interferes with the rights of third parties or violates applicable laws or regulations, including but not limited to claims concerning unsolicited commercial fax, email or voice messages, and claims arising under the Telephone Consumer Protection Act of 1991, CRTC 2001-193, Federal Communications Commission or Federal Trade Commission regulations.

You will retain ownership of any information supplied to SayHired as part of the SC Service, including phone lists, survey content, and voice recordings. You will also own the results gained from the SC Service, including survey results, and SayHired will not share this information with third parties other than in accordance with the SayHired Privacy Policy and the supplemental privacy terms that appear in the SayCalled Privacy Statement. [insert correct link once page is live]

Unless continuing for a period of 90 consecutive days, or involving obligations of payment hereunder, no default, delay or failure to perform on the part of either party shall be considered a breach of these SC Terms if such default, delay or failure to perform is shown to be due entirely to an event of force majeure, or to causes beyond the reasonable control of the defaulting party including without limitation, strikes, riots, civil disturbances, actions or inactions concerning governmental authorities, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy or default of a common carrier, or interruptions of the Internet such as failure of a third-party telecommunications provider or Internet service provider or third-party hosting provider, always provided that the party so relieved of its obligations shall take reasonable steps to prevent, correct or amend such act or event which renders such obligations impossible.

Your use of the SC Services is governed by the SayCalled Privacy Statement. [insert correct link once page is live] and the SayHired Privacy Policy, both of which apply to SayCalled.

"SayHired", "us", and "we" mean SayHired, Inc, located at 900 Cherry Avenue, Suite 300, San Bruno, CA 94066, USA and its subsidiaries or affiliates involved in providing the SC Service.

"You" or "your" means a user of the SC Service or any SayHired account holder.