—Scope
These terms apply to any business that requests a trial or becomes a client ("the Client," "you").
01Language
The French version of these Terms was made available to you before this English version, and you may read it at any time at ryucalls.com/terms-fr. By proceeding in English, you confirm that the French version was presented to you first and that it is your express wish that this agreement, and the documents relating to it, be drawn up in English. Les parties confirment leur volonté expresse que cette convention soit rédigée en anglais.
02What we do
We call back the people who left their details with the Client, qualify them against the Client's criteria, and book an appointment in the Client's calendar. We can also answer the Client's inbound calls. We perform no trade work and we are not a party to the relationship between the Client and the Client's own customers.
03What we don't do
We don't diagnose, negotiate pricing, close sales, or give technical, legal or professional advice. We don't guarantee any result.
04What the Client is responsible for
The Client is responsible for:
- Its leads and their consent. The Client warrants that every person whose details it passes to us provided those details themselves, through a form or request, and that none of them has asked not to be contacted. The content of the Client's ad forms and the consent collected there are the Client's responsibility.
- The accuracy of the information it gives us. Its offer, pricing, criteria, availability. Our agents repeat what the Client told us. If that information is wrong or out of date, what follows from it is the Client's responsibility.
- Its calendar. Keeping it current and honouring the appointments booked.
- Its own legal obligations. Licences, insurance, authorizations, and compliance with the laws that apply to its business, including advertising and privacy law.
- What happens after the appointment. The meeting, the estimate, the sale, the work delivered. We bring people to the table; the rest belongs to the Client.
05Do-not-call list
We keep an internal do-not-call list. Anyone who asks not to be called again is added to it within the applicable timeframes, and we inform the Client. We may decline to call contact details whose origin or consent looks doubtful to us.
06Free trial
One week, no charge, no payment method required. You can stop at any time. We may change or withdraw the offer for future clients and decide who is eligible. Continuing after the trial means you accept the pricing communicated to you before it ended.
07Pricing and billing
A monthly base, plus a fee per held appointment, set with the Client at kickoff from the numbers the Client provides.
"Held appointment" means the person showed up to the booked appointment, in person, by phone or by video. How the appointment went, the perceived quality of the prospect, and whether a sale closed have no effect on billing. Our records govern, absent written dispute within 15 days of the invoice.
The base includes the agreed lead volume. The variable amount is capped each month. Billing is monthly, with no annual commitment.
08Confidentiality
Each party will keep the other's non-public business information confidential.
09White label agencies
Where the service is provided to an agency for its own clients: the agency remains responsible for its relationship with its end client and for its own pricing. We have no contact with the agency's end clients, and we commit not to solicit them, during the agreement and for 12 months after. The agency commits not to disclose the partner rate.
10No warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND.
We do not warrant that every lead will be reached, qualified or converted into an appointment, that any prospect will show up, that any sale will close, that the service will be uninterrupted or error-free, or any increase in revenue.
Calling and qualification carry an inherent risk of human and technical error.
11Limitation of liability
To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, goodwill or data. Our total cumulative liability for any claim will not exceed the total amounts paid by the Client over the 3 months preceding the claim.
Nothing here limits liability for bodily or moral injury, for gross or intentional fault, or the rights granted by applicable consumer protection law.
12Ending the service
Either party may end it with 15 days' written notice. We may suspend the service without notice for unlawful or unsafe instructions, non-payment, or breach of these terms.
13Governing law
The laws of Quebec and the laws of Canada applicable there. Courts of the district of Montreal.
14Contact
Sami Ouarezki, operating as RyuCalls
PO Box 547, Montreal PO B, QC H3B 3K3