Adscalls — Terms & Conditions (Duration-Based Pay‑Per‑Call + RTB)
Important: This Terms & Conditions page is general website content and not legal advice. Have counsel review for your jurisdiction, industry (e.g., insurance/health), and compliance requirements.
1) Agreement to Terms
- These Terms & Conditions (“Terms”) govern your access to and use of Adscalls (“Adscalls,” “we,” “us,” “our”) and any related services, software, dashboards, tracking numbers, routing, reporting, and campaign management (the “Service”).
- By signing an insertion order / IO, service agreement, onboarding PDF, or by using the Service, you (“Client,” “you”) agree to these Terms.
2) What Adscalls Provides (Inbound Only)
- Adscalls provides performance marketing and inbound call generation, including (where applicable):
- RTB-enabled media buying and traffic acquisition
- call tracking, dynamic number insertion (DNI), routing, reporting, quality controls, and optimization
- No outbound dialing. No predictive dialers.
- No AI voice agents by default.
- Optional AI appointment setting is available only if explicitly requested and approved.
3) Key Definitions
“Call”
An inbound telephone call placed by an end-user to a tracked number provisioned or managed through the Service.
“Billable Call” (Duration-Based)
A call becomes billable when it meets the mutually agreed minimum duration threshold, typically one of:
- 60 seconds, 90 seconds, or 120 seconds
…and any other qualification rules specified in your IO/onboarding form (“Commercial Terms”).
“Commercial Terms”
Your mutually agreed terms that may include:
- minimum billable duration (60/90/120 seconds)
- price per billable call (by duration tier or flat)
- accepted geographies, schedules, categories, and routing rules
- any additional qualification criteria (if applicable)
4) Pricing Model (Pay‑Per‑Performance / Pay‑Per‑Call)
- Client is charged per billable call based on the agreed duration threshold and pricing schedule.
- Pricing may vary by:
- duration tier (e.g., 60s vs 90s vs 120s)
- geo, vertical, campaign, time-of-day, or other factors listed in the Commercial Terms
- No guarantee is made regarding call volume, conversion rate, or business outcomes unless explicitly stated in writing.
5) RTB (Real‑Time Bidding) & Traffic Sources
- Adscalls may acquire traffic via RTB (Real‑Time Bidding) and other programmatic or direct media sources.
- You acknowledge that RTB environments are dynamic:
- auction pricing fluctuates
- inventory availability changes
- publisher/source mix may vary over time
- We may optimize sources to improve quality and performance, and we may pause or block sources at our discretion to reduce low-quality traffic.
6) Billable Call Rules (General Framework)
Unless otherwise defined in the Commercial Terms, a call is generally billable if:
- it meets the minimum duration threshold (60/90/120 seconds as agreed), and
- it routes successfully to the Client’s destination number or call handling workflow, and
- it is not clearly identified as invalid traffic (e.g., obvious spam, robocalls) based on available signals.
Note: If you require additional qualification rules (unique caller windows, excluded zip codes, business hours, repeat callers, etc.), those must be defined in writing in the Commercial Terms.
7) Invoicing, Payment, and Collections (Weekly Billing)
- Invoices are generated weekly for billable calls delivered during the applicable billing period.
- Client agrees to pay invoices in accordance with the payment terms stated on the invoice or Commercial Terms.
- If payment is not received by the due date, Adscalls may, to the extent permitted by law:
- suspend campaigns and/or call delivery
- withhold reporting access
- charge late fees/interest and recovery costs as allowed
- require prepayment or a deposit to continue service
8) Disputes, Review Window, and Adjustments
- If you believe calls were billed incorrectly, you must submit a dispute in writing to info@adscalls.com within [X] days of the invoice date (recommended: 7–14 days).
- Disputes must include:
- invoice number
- call identifiers and timestamps
- reason for dispute and supporting detail
- If a dispute is accepted, Adscalls may issue an adjustment as:
- invoice credit, or
- invoice correction (at Adscalls’ discretion)
Calls not disputed within the dispute window may be deemed accepted.
9) Client Responsibilities (Strict Requirements)
To protect performance and compliance, Client agrees to:
- Provide accurate onboarding information (geo coverage, services offered, hours, routing rules).
- Maintain adequate staffing to answer inbound calls during agreed hours.
- Handle consumers professionally and lawfully.
- Not misrepresent offers, pricing, availability, or services.
- Notify Adscalls promptly of changes (hours, coverage, compliance constraints, call center numbers).
- Use the Service only for lawful purposes and in compliance with all applicable regulations.
10) Compliance, Regulatory, and Industry Rules
- Client is solely responsible for ensuring its business, sales practices, and fulfillment comply with all applicable laws and industry regulations (including, where applicable: advertising rules, insurance/health marketing rules, and privacy laws).
- Adscalls is inbound-only; however, Client remains responsible for:
- consent language on landing pages (if provided by Client)
- disclosures, licensing, and service eligibility
- any scripts or claims made on calls
11) Call Tracking, Recording, and Data
- The Service may use call tracking numbers and collect call metadata (time, duration, routing, campaign/source signals).
- If call recording is enabled:
- Client is responsible for ensuring proper notice and consent as required by applicable law.
- Each party agrees to handle data securely and use it only for legitimate business purposes related to the Service.
12) Prohibited Uses
Client may not (and may not allow others to):
- attempt to reverse engineer, tamper with, or bypass tracking
- conceal or misrepresent the nature of the business/offer
- request or incentivize fraudulent calls
- use the Service to facilitate illegal, deceptive, or abusive practices
13) Performance Disclaimer
- Adscalls does not guarantee:
- a specific number of calls
- conversion rates, sales, revenue, or ROI
- uninterrupted availability of any traffic source or RTB inventory
- Performance depends on factors including market conditions, competition, budgets, offers, call handling, and compliance constraints.
14) Suspension & Termination
Adscalls may suspend or terminate Service (in whole or in part) if:
- Invoices are not paid on time
- Client breaches these Terms or Commercial Terms
- We suspect fraud, compliance risk, or material harm to network quality
- The required information is withheld or repeatedly inaccurate
Client may terminate per the Commercial Terms (notice periods, minimum commitments, and any applicable fees may apply).
15) Limitation of Liability
To the maximum extent permitted by law:
- Adscalls will not be liable for indirect, incidental, special, consequential, or punitive damages.
- Adscalls’ total liability for claims related to the Service is limited to the amounts paid by Client to Adscalls in the [X] months prior to the event giving rise to the claim (commonly 1–3 months), unless otherwise required by law.
16) Indemnification
Client agrees to defend, indemnify, and hold harmless Adscalls from claims arising out of:
- Client’s business operations, products/services, ads, landing pages, or sales practices
- Client’s failure to comply with laws/regulations
- misuse of the Service by Client or its agents
17) Changes to Terms
- We may update these Terms from time to time.
- Updated Terms become effective upon posting (or as otherwise stated). Continued use of the Service constitutes acceptance.
18) Governing Law & Venue
- These Terms are governed by the laws of the State of New York, without regard to conflict-of-law rules.
- Venue for disputes will be in New York, NY, unless otherwise agreed in writing.
19) Contact
- Questions, notices, or billing disputes: info@adscalls.com