Terms of Service

1. About these terms

These terms are between you, the client, and 1 Hour Recruitment Ltd, a company registered in England and Wales (company number 13490535), registered at 5 Ducketts Wharf, South Street, Bishop’s Stortford, Hertfordshire, CM23 3AR, United Kingdom, trading as Hire A Cold Caller. In these terms, "we", "us" and "our" mean that company, and "you" and "your" mean the business engaging us.

They apply to every service we supply unless we have signed something with you that says otherwise. Nothing on the website forms part of a contract on its own: the engagement begins when a proposal or order is signed, as described in section 4.

We supply to businesses. These terms are not written for consumers and the services are not offered to them.

2. Definitions

• Test means the Call Before You Hire test described in section 6.
• Launch means the Dedicated Caller Launch described in section 7.
• Managed Service means the ongoing Managed Cold-Calling Function described in section 8.
• Caller means the person we recruit, employ and manage to make calls for you.
• Function means the caller together with the operation around them: the targeting, prospect data, messaging, dialler, CRM workflow, call recording, management and reporting.
• Campaign Data means the prospect records and call outcomes created or used in running your function.
• Proposal means the written proposal, order or statement of work we sign with you, including scope, market definition and fees.

3. The services

We build and operate cold-calling functions. We are not a recruitment agency placing candidates with you, we are not an appointment-setting bureau selling meetings by volume, and we are not a call centre sharing one team across many clients. We recruit and employ a caller, build the function around them and run it for you.

The work is normally taken in three stages, and you decide at the end of each whether to take the next.

1. Test. We call your market before anyone is recruited.
2. Launch. If the evidence supports it, we recruit and launch a dedicated caller inside a complete function.
3. Manage. We continue to supply and manage the function month to month.

The stages run in order and the test always comes first, so a launch is never bought without one. You are not required to take all three: the test can be bought on its own, and you can stop after any stage.

4. How an engagement starts

An engagement begins when you sign a proposal or confirm one in writing, and we acknowledge it. The proposal records the scope of the work, the market to be called, the fee and anything agreed that differs from these terms.

Prices shown on our website describe our standard services and are an invitation to discuss, not a binding offer. They may change, and the price that applies to you is the one in your signed proposal.

5. Fees, the credit and payment

Our standard fees are as follows. All amounts are in US dollars and exclusive of any sales tax or VAT that applies.

• Call Before You Hire: $5,000. Completed within 10 business days, payable in full before it begins.
• Cold-Calling Function Launch: $10,000 in addition to the test, so $15,000 in total. The launch always follows a test, so this is the only way the launch is priced.
• Managed Cold-Calling Function: $5,000 a month, including one dedicated caller. The monthly fee for your function is set in the proposal and depends on its size and scope.

5.1 The test credit

Every engagement starts with the test, so the credit always applies. When you proceed to a launch, the full $5,000 test fee is credited against it: you pay a further $10,000 rather than a fresh $15,000, and the total is $15,000. The credit applies once, to the launch that follows your test.

If you decide not to proceed after the test, you keep the contact-level outcomes, the tested messaging and the Dedicated Caller Blueprint, and there is nothing further to pay. We do not invoice for the difference and there is no exit fee.

5.2 Payment

Test and launch fees are payable before the work begins unless the proposal says otherwise. Managed Service fees are invoiced monthly in advance. Invoices are due within the period stated on them, and we may suspend the service if an invoice is materially overdue and remains unpaid after we have told you and given you a reasonable chance to settle it.

5.3 Costs we pass on

The fees cover our people, our management and the systems we run the function on. Where a campaign needs something bought specifically for you, such as licensed prospect data beyond the agreed volume or a tool bought in your name, we will agree it with you in writing before committing to the cost.

6. The test

The test answers one question before anyone is recruited: is there enough evidence to justify building a dedicated cold-calling function for your market?

Within 10 business days we use our own calling team and infrastructure to speak with 30 decision-makers in an agreed segment of your market. At the end you receive:

• the contact-level outcomes and what the market said in response to your offer;
• the messaging as tested and revised during the test, and a Dedicated Caller Blueprint; and
• a clear recommendation to launch, to refine the target or offer, or to stop.

A recommendation to stop is a legitimate outcome and is delivered as readily as a recommendation to build. You are under no obligation to proceed, and the deliverables above are yours either way.

The test covers a defined segment agreed in the proposal. Testing a materially different market is new work.

7. The dedicated caller launch

The launch covers recruiting, assessing and training one caller on your offer, and building the function around them: the target market and prospect data, the script and objection handling, the dialler, CRM workflow and call recording, and the management, call reviews and weekly reporting.

We aim to have your function live within 30 days of the launch starting, and we then manage and improve it through week eight. "Live" means your caller is making calls into your market on your behalf.

The 30-day timeline assumes we have what section 10 asks for when the launch begins. Where we are waiting on approvals, access or information from you, the timeline moves by the length of the delay. We will tell you if that happens rather than letting the date pass silently.

8. The managed function

After the first eight weeks you choose what happens next. Nothing rolls over on its own and nothing renews automatically because you did not reply.

If you continue on the Managed Service, we keep supplying and managing your caller and keep improving the operation around them: daily management and coaching, targeting and messaging improvements, reporting, and replacement cover if your caller leaves or has to be replaced.

The Managed Service runs month to month unless the proposal sets a minimum term. Either of us can end it by giving the notice stated in the proposal, in writing, effective at the end of the notice period. Fees already invoiced for a period that has begun are not refunded, and we do not charge for months after the notice period ends.

8.1 Bringing the function in-house

Taking the caller and the process in-house is possible after an agreed managed period, on terms agreed at the time. It is not the default outcome of the engagement and it is not included in the fees above. If it is something you want, raise it early so it can be written into the proposal rather than negotiated at the end.

9. The caller

We recruit, employ and manage the caller. The employment contract, the payroll and the day-to-day running sit with us, along with coaching, accountability and replacement cover. You see the reporting without taking on the daily management.

This has consequences worth stating plainly:

• The caller is our employee or engaged personnel, not yours. Nothing in these terms creates an employment relationship, agency or partnership between you and the caller, or between you and us.
• You do not direct the caller's hours, discipline or terms of employment. Direction on what to say and who to call flows through us, against the brief and criteria agreed with you.
• If a caller leaves, is unwell, or is not performing, replacing them is our responsibility and our cost. We will tell you when it happens and what we are doing about it.
• The caller may be introduced to prospects as part of your team where the proposal says so. That does not change who employs them.

10. What we need from you

The function depends on things only you can supply. You agree to:

• define your offer, your target market and what a good conversation looks like, and give us the written criteria we will call against;
• give us accurate information about your product, pricing and positioning, and tell us when it changes;
• approve messaging, scripts and target lists within a reasonable time, and give us a named person who can make those decisions;
• provide any access we need to your systems, such as a CRM or calendar, and remove it when the engagement ends;
• respond to meetings we book and to leads we pass over, since we cannot control what happens after the handover;
• make sure that anything you ask us to say about your business is accurate and that you hold the rights to any material you give us; and
• tell us about any legal or regulatory restriction that applies to how your market may be contacted.

Where a delay on your side holds up the work, timelines move accordingly and the fee does not change.

11. What we do not guarantee

We do not guarantee a number of meetings, a volume of leads, a conversion rate, a pipeline value or any particular commercial result.

We guarantee the work: a caller recruited, trained and managed, a function built around them, calls made into the market you agreed, reporting you can inspect, and the management to keep improving it. What the market does in response is not something we or anyone else can promise.

Any figure we discuss about likely outcomes is an estimate based on what we have seen elsewhere. It is not a forecast, not a target we are contractually bound to and not part of these terms unless it is written into the proposal as a specific commitment.

The test exists precisely so that this is checked with real calls before you spend money on a launch. If the market does not produce real conversations and signals, the honest answer is to say so, and we will.

12. Calling compliance and recording

Cold calling is regulated, and the rules differ by country and by state. Both of us have a part in staying inside them.

Our part. We screen against the do-not-call registers that apply to the market being called, we honour every request not to be contacted and record it against future campaigns, we call within permitted hours, and we brief our callers in writing on identifying themselves and on announcing call recording where that is required.

Your part. You confirm that the market you are asking us to call may lawfully be contacted about your offer, that any contact data you supply to us was lawfully obtained and may be used for this purpose, and that you will tell us about any restriction specific to your sector.

Recording. Calls may be recorded so that we can review quality and coach the caller. We follow the notification and consent requirements of the places the call is made and received. Recordings are used by us to manage and improve your function. They are not supplied to you and they are not part of what we deliver. Our Privacy Policy explains how they are handled and how an individual can ask for a copy or deletion.

If we believe a specific instruction would put us outside the law or a regulator's guidance, we will say so and we will not carry it out. That is not a breach of these terms by us.

13. Data protection

Running a campaign involves handling personal data about the people we call. In broad terms you decide which market is contacted and why, which makes you the controller, and we act on your instructions, which makes us your processor. The detail, including the required processing terms, is set out in the agreement we sign with you, and our Privacy Policy describes what we do with personal data across the business.

Each of us agrees to comply with the data protection law that applies to us. We will help you respond to requests from individuals and to your own obligations, and at the end of the engagement we will delete or return Campaign Data as you instruct, other than records we are required to keep, including suppression records of people who have asked not to be contacted.

14. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the engagement, and share it only with people who need it and are under the same obligation. This covers your pricing, product plans, customer information and market strategy, and our methods, materials and commercial terms.

It does not cover information that is already public through no fault of ours, that either of us already held, or that the law requires us to disclose.

We may say that we work with you, and name you as a client, only if you agree to it in writing.

15. What you keep

• Yours. Your brand, your product information and any material you give us stays yours.
• Yours at the end of the engagement. The Campaign Data for your function and the reporting, and the messaging and scripts written specifically for your offer. You may keep and use them.
• Ours. Our methods, templates, internal tooling, training material and anything we developed before or outside your engagement stays ours, including where it was used to deliver your function. Nothing here transfers it to you.
• Improvements. We learn from every engagement, and we may use that general knowledge and experience elsewhere, provided we disclose nothing confidential to you and nothing identifying your business.

16. Our callers

We carry the cost and the risk of finding, employing and training callers, so we ask for one protection in return. During an engagement and for the period stated in your proposal afterwards, you agree not to employ or engage a caller we introduced to you, directly or through anyone else, without agreeing it with us first.

This is not intended to stop you bringing the function in-house. It exists so that it happens by agreement, on the terms in section 8.1, rather than by hiring the person we recruited and trained. If it is your plan, tell us early and we will write it into the proposal.

17. Pausing and ending an engagement

You can end the Managed Service by giving the notice in your proposal. We can end it on the same notice.

Either of us may end the engagement immediately, in writing, if the other commits a serious breach and has not put it right within a reasonable period of being asked to, or becomes insolvent.

We may also suspend the service where an invoice is materially overdue as described in section 5.2, or where continuing would require us to act unlawfully.

When an engagement ends: you pay for work done and for any period already invoiced and begun, we hand over the Campaign Data described in section 15, and we delete or return the rest as you instruct. Sections on confidentiality, data protection, our callers, liability and governing law continue to apply.

18. Liability

Neither of us excludes liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded.

Subject to that, and to the extent the law allows:

• Neither of us is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, or any indirect or consequential loss.
• Our total liability arising out of an engagement is limited to the fees you have paid us under it in the twelve months before the claim arose.
• We are not liable for the commercial outcome of a campaign. Section 11 explains why.
• We are not liable for loss caused by information you gave us being inaccurate, by a delay on your side, or by your failure to follow up on meetings or leads we passed over.

You are responsible for the accuracy of the claims you ask us to make about your business, and for any liability arising from them.

19. Events outside our control

Neither of us is in breach for a delay or failure caused by something genuinely outside our reasonable control. If it continues long enough to make the engagement impractical, either of us can end it, and you pay for the work done to that point.

20. Changes to these terms

We may update these terms. The date at the top shows when they were last revised. The terms that apply to your engagement are the ones in force when your proposal was signed, and a change does not alter a signed proposal or a fee already agreed. If we make a material change that affects a live engagement, we will tell you rather than relying on the updated page.

21. Governing law

These terms and any dispute arising out of them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

If a court finds any part of these terms unenforceable, the rest continues to apply. If either of us does not enforce a right straight away, that does not mean it is given up.

22. Contact

Questions about these terms, or about an engagement, go to hello@hireacoldcaller.com.