Terms Of Service
Terms of Service
Hire A Chatter (HAC)
Website: https://hireachatter.com
Email: [email protected]
Effective Date: February 9, 2026
Last Updated: March 15, 2026
1. Binding Agreement & Acceptance
These Terms of Service (“Terms”) constitute a legally binding agreement between Hire A Chatter (“Company,” “we,” “our,” or “us”) and any individual or entity (“Client,” “you,” or “your”) who accesses, uses, or engages with our services or Website.
You must be at least 18 years of age to access our Website or engage our services. By doing any of the following, you confirm you are at least 18 years old and agree to be legally bound by these Terms:
- Visiting or using our Website
- Communicating via phone, SMS, email, WhatsApp, or Telegram
- Requesting service information
- Engaging in service discussions
- Submitting payment
- Continuing communication after being provided access to these Terms
- Any other form of contact or interaction with the Company
Acceptance may occur electronically, verbally, in writing, by payment, by conduct, or through continued engagement. No signature is required for enforceability. If you do not agree to these Terms, you must immediately cease all communication and use of our services.
These Terms should be read alongside our Privacy Policy (https://hireachatter.com/privacy-policy) and Cookie Policy (https://hireachatter.com/cookie-policy/), both of which are incorporated herein by reference.
2. Nature of Services
Hire A Chatter provides communication staffing coordination, chatter placement, operational consulting, and related digital support services. The Company acts solely as a placement and coordination intermediary, supplying chatters to approved partner agencies who assume full responsibility for day-to-day management, supervision, scheduling, and payment of chatters once placed.
The Company:
- Is not a talent agency
- Is not a fiduciary
- Is not a financial advisor
- Is not a legal advisor
- Does not act as employer of chatters or contractors
- Does not manage, supervise, or direct chatters once placed with an agency
- Does not guarantee the performance, conduct, or output of any chatter once placed
No fiduciary duty is created by these Terms or any engagement with the Company.
3. Chatter Placement & Agency Relationship
Hire A Chatter operates as a staffing placement intermediary. When chatters are supplied to a Client or partner agency:
- The receiving agency assumes full responsibility for management, supervision, training, scheduling, and day-to-day direction of chatters
- The receiving agency is responsible for ensuring chatters comply with all applicable laws, platform terms, and the agency’s own internal policies
- Hire A Chatter’s role is limited to the identification, vetting, and placement of chatters
- No employment relationship exists between Hire A Chatter and any chatter once placed
- No employment relationship exists between Hire A Chatter and the Client or agency in connection with chatters
Clients and agencies acknowledge and agree that Hire A Chatter bears no liability for the actions, omissions, performance, or conduct of any chatter following placement. The agency or Client assumes all associated risk from the point of placement.
4. Independent Contractor & No Employment Relationship
All chatters and service providers supplied by Hire A Chatter are independent contractors or independent business partners. They are not employees, agents, or legal representatives of Hire A Chatter. Nothing in these Terms creates:
- An employer-employee relationship between HAC and any chatter
- An employer-employee relationship between HAC and any Client or agency
- A partnership, joint venture, or agency relationship
Contractors supplied by Hire A Chatter:
- Control their own work methods once placed
- Provide their own tools and equipment
- Determine their own schedules in coordination with the receiving agency
- Are responsible for their own taxes and statutory obligations
- Receive no employee benefits from Hire A Chatter
Hire A Chatter does not provide payroll, insurance, tax withholding, workers’ compensation, or employment benefits in respect of any chatter. Clients and agencies acknowledge and agree that no employment relationship exists between Hire A Chatter and any chatter placed with them.
5. No Authority to Bind
No chatter, contractor, agency, or third party has authority to bind Hire A Chatter to any agreement, obligation, representation, or commitment. Any unauthorised representations made by chatters, agencies, or third parties are void and shall not be attributed to or enforceable against Hire A Chatter.
6. Minimum Commitment
Unless otherwise agreed in writing and signed by an authorised representative of Hire A Chatter, Client agrees to a minimum 90-day commitment from the commencement of services. Early termination does not eliminate payment obligations for the full minimum term. Client remains liable for all fees due through the end of the minimum commitment period regardless of whether services are actively used.
7. Compensation & Payment Terms
Compensation for Hire A Chatter’s services is structured as follows, as agreed between the parties at the time of engagement:
- Hourly Rate: An agreed hourly rate payable to Hire A Chatter for placement and coordination services, and a separate agreed hourly rate payable to or through the partner chatting agency for chatter services.
- Revenue Share: Where compensation includes a revenue share component, Client must provide accurate, complete, and timely reporting of all relevant revenue, provide access reasonably necessary to verify reported revenue, and not manipulate, misrepresent, or underreport revenue in any way.
Hire A Chatter reserves the right to audit revenue share arrangements at any time. Underreporting of revenue shall result in:
- Immediate payment of the full outstanding amount
- A 25% penalty on the underreported amount
- Reimbursement of attorneys’ fees and audit costs
Intentional underreporting constitutes fraud and a material breach of these Terms, entitling Hire A Chatter to pursue all available legal remedies.
All invoices are due within the timeframe specified in the applicable service agreement. Where no timeframe is specified, invoices are due within 7 days of the invoice date. Late payments shall incur interest at the rate of 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower, calculated from the due date until the date of full payment.
If any amount due to Hire A Chatter remains unpaid for more than 14 days after the due date, Hire A Chatter reserves the right, without prejudice to any other remedy, to:
- Suspend all services immediately and without further notice until full payment is received
- Terminate these Terms and the engagement with immediate effect
- Refer the outstanding debt to a third-party debt collection agency
- Report the outstanding debt to credit reference agencies
- Pursue legal action to recover all amounts owed, including interest, collection costs, and attorneys’ fees
Client expressly consents to Hire A Chatter referring unpaid debts to a third-party collection agency and acknowledges that such referral may affect Client’s credit standing. All costs associated with debt collection, including agency fees, court costs, and legal fees, shall be borne solely by Client and added to the outstanding balance. Suspension or termination of services due to non-payment does not relieve Client of any payment obligations under these Terms.
8. No Refund Policy
All payments made to Hire A Chatter are final and non-refundable. Client expressly waives any right to initiate bad-faith disputes, payment reversals, or chargebacks. This policy applies regardless of the reason for termination or dissatisfaction with services.
9. Chargeback Protection
Initiating a chargeback, payment reversal, or dispute with a financial institution in relation to any payment made to Hire A Chatter constitutes a material breach of these Terms. In the event of any such action, Client agrees to pay:
- The full disputed amount
- A $2,500 administrative fee per chargeback or dispute
- All collection costs incurred by Hire A Chatter
- Reasonable attorneys’ fees
Hire A Chatter reserves the right to submit these Terms and all relevant communications as evidence in any dispute or chargeback proceedings.
10. Debt Collection & Credit Reporting
Client acknowledges and agrees that in the event of non-payment or persistent late payment of any amounts due to Hire A Chatter, the following actions may be taken without further notice:
- Outstanding balances may be referred to a third-party debt collection agency authorised to collect on behalf of Hire A Chatter
- The outstanding debt and Client’s payment conduct may be reported to one or more credit reference bureaus or business credit reporting agencies, which may negatively affect Client’s credit rating
- Legal proceedings may be initiated in a court of competent jurisdiction in New York to obtain a judgment for the full amount owed, including interest, fees, and costs
- Any judgment obtained may be enforced against Client’s personal and business assets in accordance with applicable law
Client expressly and irrevocably consents to all of the above actions. Client further agrees that all costs associated with debt recovery — including but not limited to collection agency fees (which may be a percentage of the outstanding balance), court filing fees, process server fees, and attorneys’ fees — shall be added to and form part of the debt owed by Client to Hire A Chatter.
Where the personal guarantee in Section 24 applies, debt collection actions may be taken against the guaranteeing individual personally in addition to or instead of the Client entity.
Nothing in this section limits any other right or remedy available to Hire A Chatter under these Terms or applicable law.
11. Non-Solicitation & Anti-Circumvention
Client shall not, during the term of engagement and for a period of 24 months following termination or expiration of services:
- Directly or indirectly hire, solicit, contract with, or engage any chatter or contractor introduced or supplied by Hire A Chatter
- Encourage, induce, or facilitate the departure of any such chatter from their arrangement with Hire A Chatter or its partner agency
- Circumvent Hire A Chatter in any manner to obtain the services of any such chatter directly or through a third party
In the event of a breach of this clause, liquidated damages shall be payable to Hire A Chatter equal to the greater of:
- $50,000 USD
- 12 months of projected service value based on the average monthly fee paid in the 3 months preceding termination
The parties agree that this liquidated damages amount represents a genuine pre-estimate of loss and is not a penalty. Client expressly acknowledges the reasonableness of this amount given the difficulty of quantifying actual loss.
12. Confidentiality
Each party acknowledges that in connection with these Terms, they may receive or have access to confidential information of the other party. Confidential information includes but is not limited to:
- Revenue data and financial information
- Subscriber data and client lists
- Business strategies and plans
- Operational systems and processes
- Scripts, training materials, and frameworks
- Trade secrets and proprietary methods
- Internal communications and pricing
Each party agrees to hold all confidential information in strict confidence, not to disclose it to any third party without prior written consent, and to use it solely for the purposes of fulfilling obligations under these Terms. This obligation of confidentiality survives termination of these Terms indefinitely.
Confidentiality obligations do not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party prior to disclosure, or is required to be disclosed by law or court order, provided that prompt written notice is given to the disclosing party where legally permissible.
13. Work-For-Hire & Intellectual Property
All systems, frameworks, training materials, branding, scripts, processes, methodologies, and proprietary content created or developed by Hire A Chatter remain the exclusive intellectual property of Hire A Chatter. Nothing in these Terms transfers any ownership of intellectual property to Client or any agency.
Client receives a limited, revocable, non-transferable, non-sublicensable licence to use Hire A Chatter’s materials solely during the active term of services and solely for the purposes of receiving those services. This licence terminates immediately upon expiration or termination of services for any reason.
Client must not copy, reproduce, distribute, reverse engineer, or create derivative works from any of Hire A Chatter’s proprietary materials without prior written consent.
14. No Guarantees / Assumption of Risk
Hire A Chatter makes no representations, warranties, or guarantees, express or implied, regarding:
- Revenue generation or income levels
- Subscriber growth or retention
- Platform success or algorithm outcomes
- The performance, conduct, or suitability of any chatter once placed
- The fitness of services for any particular purpose
Client assumes all business risk associated with the use of Hire A Chatter’s services. All services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Hire A Chatter disclaims all implied warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
15. Compliance Representation & Indemnification
Client represents and warrants that:
- All content produced or distributed in connection with services is lawful and complies with applicable laws and platform terms
- All advertising and marketing activities comply with applicable regulations including but not limited to FTC guidelines, GDPR, and platform-specific advertising policies
- All applicable tax obligations are satisfied
- Client has the legal right and authority to enter into these Terms
- If Client is an entity, the individual accepting these Terms has authority to bind that entity
Client agrees to indemnify, defend, and hold harmless Hire A Chatter and its officers, directors, employees, contractors, agents, and partners from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Any breach of these Terms by Client
- Client’s use of services
- Platform disputes or regulatory investigations involving Client
- Claims made by subscribers, end users, or third parties in connection with Client’s business
- Chargebacks or payment disputes initiated by Client
- Any unlawful or non-compliant content or conduct by Client
- The actions or omissions of any chatter once placed under Client’s or the agency’s management
16. Limitation of Liability
To the maximum extent permitted by applicable law, Hire A Chatter shall not be liable to Client or any third party for:
- Lost profits or revenue
- Loss of data or business information
- Reputational harm
- Indirect, incidental, special, consequential, or punitive damages
- Damages arising from the conduct or performance of any chatter once placed with an agency or Client
In no event shall Hire A Chatter’s total cumulative liability to Client exceed the lesser of:
- $1,000 USD
- The total amount paid by Client to Hire A Chatter in the 30 days immediately preceding the event giving rise to the claim
This limitation applies regardless of the theory of liability, whether in contract, tort, negligence, strict liability, or otherwise, even if Hire A Chatter has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages, so some of the above limitations may not apply to you.
17. Force Majeure
Hire A Chatter shall not be liable for any delay, failure, or interruption of services caused by circumstances beyond its reasonable control, including but not limited to:
- Acts of God, natural disasters, fire, flood, earthquake, or extreme weather
- War, terrorism, civil unrest, or government action
- Regulatory changes or legal orders
- Cyberattacks, internet outages, or platform outages
- Labour disputes or third-party service disruptions
- Pandemics or public health emergencies
- Criminal investigations or law enforcement actions
- Equipment failure, fire, or physical destruction of operational infrastructure
In the event of a force majeure event, Hire A Chatter will notify Client as soon as reasonably practicable. Performance deadlines and obligations are automatically extended for the duration of the force majeure event. If the event continues for more than 60 days, either party may terminate the agreement upon written notice without penalty, subject to Client’s obligation to pay for services rendered up to the date of termination.
18. Waiver of Reliance
Client acknowledges and agrees that they have not relied upon any oral statement, projection, representation, or promise not expressly stated in a written agreement signed by an authorised representative of Hire A Chatter. No verbal representations, marketing materials, or informal communications constitute binding obligations of the Company.
19. Injunctive Relief
Client acknowledges that any breach or threatened breach of the non-solicitation, confidentiality, anti-circumvention, or intellectual property provisions of these Terms would cause irreparable harm to Hire A Chatter for which monetary damages would be an inadequate remedy. Accordingly, Hire A Chatter shall be entitled to seek immediate injunctive relief and other equitable remedies without the requirement to post bond or other security, and without prejudice to any other rights or remedies available at law or in equity.
20. Pre-Dispute Notice & Arbitration
Prior to initiating arbitration, the party seeking resolution must provide written notice to the other party describing the nature of the dispute and the relief sought (“Dispute Notice”). The parties agree to attempt good faith resolution of the dispute within 30 days of the Dispute Notice (“Resolution Period”). If the dispute is not resolved within the Resolution Period, either party may proceed to arbitration as set out below.
All disputes, claims, or controversies arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, that are not resolved through the pre-dispute notice process shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, as amended from time to time.
Arbitration shall take place in New York, New York, USA. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party in arbitration shall be entitled to recover its reasonable attorneys’ fees and costs.
Client expressly waives the right to:
- A jury trial
- Participation in class action proceedings
- Consolidated or representative proceedings
Nothing in this clause prevents either party from seeking emergency injunctive or other equitable relief from a court of competent jurisdiction where necessary to prevent irreparable harm pending arbitration.
21. Shortened Statute of Limitations
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or Hire A Chatter’s services must be brought within 6 months of the date the claim arose. Claims not brought within this period are permanently barred. Client expressly waives any longer statute of limitations that may otherwise apply. This limitation does not apply where prohibited by mandatory applicable law, including applicable consumer protection laws in certain jurisdictions.
22. Non-Disparagement
Client agrees not to publish, broadcast, or otherwise communicate false, misleading, or damaging statements about Hire A Chatter, its officers, employees, contractors, chatters, or services, whether on social media, review platforms, or any other public or private forum. Any disputes or grievances must be raised directly with Hire A Chatter through private communication before any public disclosure. This obligation survives termination of these Terms.
23. Personal Guarantee
If Client is a corporation, limited liability company, partnership, or other legal entity, the individual accepting these Terms on behalf of that entity personally and unconditionally guarantees the full and timely performance of all of Client’s obligations under these Terms, including all payment obligations. This personal guarantee is a continuing guarantee and survives termination of these Terms and any insolvency or dissolution of the entity.
24. International Clients & Applicable Privacy Law
Hire A Chatter operates and accepts clients worldwide. International clients acknowledge and agree that:
- These Terms are governed by the laws of the State of New York, USA, as set out in Section 33
- Hire A Chatter processes personal data of international clients in accordance with its Privacy Policy (https://hireachatter.com/privacy-policy), which addresses compliance with GDPR, UK GDPR, CCPA, PIPEDA, LGPD, DPDPA, and other applicable privacy laws
- International clients are responsible for ensuring their own use of Hire A Chatter’s services complies with all applicable laws in their respective jurisdictions
- Where mandatory consumer protection or data protection laws in a Client’s jurisdiction conflict with these Terms, such mandatory laws shall apply to the extent required, but all other provisions of these Terms remain in full force
25. Assignment Restriction
Client may not assign, transfer, or delegate any of its rights or obligations under these Terms without the prior written consent of Hire A Chatter. Any purported assignment without such consent is void. Hire A Chatter may assign or transfer its rights and obligations under these Terms freely, including in connection with a merger, acquisition, or sale of assets, without Client’s consent.
26. Cumulative Remedies
All rights and remedies of Hire A Chatter under these Terms are cumulative and not alternative. Hire A Chatter may exercise any one or more of its rights and remedies concurrently or sequentially without prejudice to any other right or remedy.
27. No Waiver
Failure by Hire A Chatter to enforce any provision of these Terms on any occasion does not constitute a waiver of that provision or of any other provision, and shall not affect Hire A Chatter’s right to enforce that provision or any other provision at any future time.
28. Strict Construction
These Terms shall not be construed against the drafting party. Both parties acknowledge they have had the opportunity to review and negotiate these Terms, and they shall be interpreted fairly and without presumption or inference in favour of or against either party based on the preparation of these Terms.
29. Headings
Section headings are included for convenience of reference only and do not affect the interpretation or legal effect of any provision of these Terms.
30. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy incorporated by reference, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous negotiations, representations, understandings, and agreements, whether oral or written, between the parties relating to the same subject matter. No amendment or modification of these Terms is effective unless made in writing and signed by an authorised representative of Hire A Chatter.
31. Severability
If any provision of these Terms is held to be invalid, unlawful, void, or unenforceable under applicable law, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
32. Survival
The following provisions survive the expiration or termination of these Terms for any reason:
- Confidentiality (Section 12)
- Non-Solicitation & Anti-Circumvention (Section 11)
- Indemnification (Section 15)
- Personal Guarantee (Section 23)
- Debt Collection & Credit Reporting (Section 10)
- Revenue Share Enforcement (Section 7)
- Arbitration (Section 20)
- Limitation of Liability (Section 16)
- Non-Disparagement (Section 22)
- Intellectual Property (Section 13)
- No Refund Policy (Section 8)
33. Governing Law & Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its conflict-of-law principles. Subject to the arbitration provisions of Section 20, the parties irrevocably consent to the exclusive jurisdiction of the state and federal courts located in New York, New York for the resolution of any disputes not subject to arbitration, including applications for injunctive or other equitable relief.
34. Contact Information
For any questions, notices, or communications regarding these Terms, please contact:
Hire A Chatter
Email: [email protected]
Website: https://hireachatter.com
All legal notices must be sent in writing to [email protected] and are deemed received upon confirmation of delivery.
