Independent Contractor Agreement

1. Independent Contractor Status

You are an independent contractor and not an employee of Phone Her Now. You are not entitled to any employee benefits, including but not limited to health insurance, retirement benefits, paid time off, workers' compensation, or unemployment insurance. You are solely responsible for all taxes, including self-employment taxes, income taxes, and any other applicable taxes arising from your earnings. Phone Her Now will not withhold any taxes from your payments. You are responsible for complying with all applicable tax laws in your jurisdiction.

As an independent contractor, you have the right to control the manner and means by which you perform your services. You are free to set your own schedule, choose your own methods of communication, and determine your own work hours, subject only to the rules and guidelines set forth in this Agreement and our Terms of Service.

2. Commission and Payment

You will be paid a flat rate of $0.50 (fifty cents) per minute for every minute you spend on active phone calls, web chat sessions, and video chat sessions with customers. "Active" minutes are defined as minutes during which you are actively engaged in communication with a customer. Time spent on hold, waiting for a customer to respond, or on break does not count as active minutes.

Payments are processed on a monthly basis. All earnings accumulated during a given calendar month will be paid by the last day of the following month. For example, all earnings from January 1 through January 31 will be paid by the last day of February. There is no minimum payout threshold. All payments are made via the payment method on file in your operator account.

You acknowledge that Phone Her Now deducts applicable fees from customer payments before calculating your commission. These fees include but are not limited to: credit card processing fees, platform fees, line fees, recording fees, and administrative fees. You will receive your commission only on the net amount remaining after all applicable deductions.

Phone Her Now reserves the right to modify the commission structure at any time with notice. Any changes will be communicated to you via email or through your operator dashboard. Your continued provision of services after such notice constitutes acceptance of the modified commission structure.

3. Chargebacks

In the event that a customer initiates a chargeback for services you provided through the Phone Her Now platform, the following policy applies:

Company Coverage of Fees: Phone Her Now covers all chargeback fees, penalties, and administrative costs associated with the chargeback process. You are not responsible for any chargeback fees imposed by payment processors, banks, or credit card companies.

Contractor Responsibility: You are responsible for the chargeback amount itself, which represents the refund issued to the customer. The chargeback amount will be deducted from your current or future earnings. This is a normal business expense of operating as an independent contractor providing services to the public.

Recovery: In the event that Phone Her Now is able to successfully collect or reverse a chargeback after it has been deducted from your earnings, you will receive the recovered amount, minus any applicable fees incurred during the collection process.

Phone Her Now will make every reasonable effort to contest and collect chargebacks on behalf of its contractors. However, we cannot guarantee successful collection of any chargeback. By operating on our platform, you accept that chargebacks are an inherent risk of providing services to the public and that the chargeback amount (not associated fees) is your responsibility as an independent contractor.

4. Customer Non-Solicitation

During the term of this Agreement and for a period of twelve (12) months following its termination, you agree not to solicit, contact, or provide services to any customer of Phone Her Now outside of the Phone Her Now platform. This includes but is not limited to:

Contacting customers directly via phone, email, text message, social media, or any other means.

Providing customers with your personal contact information, including phone number, email address, social media accounts, or physical address.

Directing customers to any third-party platform, website, or service for the purpose of providing similar services outside of Phone Her Now.

You acknowledge that Phone Her Now invests significant resources in acquiring and maintaining customers, and that this non-solicitation provision is essential to protecting the Company's business interests.

5. Non-Compete

During the term of this Agreement, you agree not to operate, maintain, or contribute to any competing phone sex, chat, or adult entertainment platform that directly competes with Phone Her Now. This includes but is not limited to creating profiles on competing platforms, providing services through competing platforms, or promoting competing platforms to Phone Her Now customers or potential customers.

You may maintain personal social media accounts for non-commercial purposes. However, you may not use any platform, social media account, or communication channel to divert traffic, customers, or business away from Phone Her Now.

6. Confidentiality

You agree to maintain the confidentiality of all proprietary information belonging to Phone Her Now, including but not limited to customer lists, business strategies, commission structures, technical systems, and any other information not publicly available. You shall not disclose, share, or use any confidential information for any purpose other than performing your services under this Agreement.

You shall not disclose your commission rate, payment structure, or any other business terms of Phone Her Now to any third party, including other operators, customers, or competitors.

7. Account Termination

Phone Her Now reserves the right to suspend or terminate your operator account at any time, with or without cause, with or without notice. Grounds for termination include but are not limited to:

Violation of any provision of this Agreement, our Terms of Service, or our Operator Rules.

Soliciting or contacting customers outside of the Phone Her Now platform.

Providing personal contact information to customers or directing customers to external platforms or services.

Engaging in fraudulent, illegal, or unethical activity.

Misrepresenting your identity, age, or qualifications.

Upon termination, you will be paid all earned and unpaid commissions for services rendered prior to the date of termination, subject to any deductions for chargebacks, refunds, or amounts owed to Phone Her Now.

8. Content Ownership

Phone Her Now retains all rights, title, and interest in and to the Phone Her Now platform, website, branding, and all related intellectual property. Any content you create, upload, or display on the Phone Her Now platform remains your property, but you grant Phone Her Now a non-exclusive, royalty-free license to use, display, and distribute such content in connection with the operation and promotion of the platform.

You may not record, screenshot, or otherwise capture any calls, chats, or video sessions conducted through the Phone Her Now platform. You may not distribute, sell, or share any content obtained through the Phone Her Now platform without the express written consent of Phone Her Now.

9. Limitation of Liability

Phone Her Now provides the platform "as is" and makes no warranties regarding the availability, reliability, or performance of the platform. Phone Her Now shall not be liable for any indirect, incidental, consequential, or special damages arising out of or related to your use of the platform or this Agreement.

Phone Her Now's total liability to you under this Agreement shall not exceed the total commissions actually earned by you in the twelve (12) months preceding the event giving rise to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Phone Her Now, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to: (a) your breach of this Agreement; (b) your violation of any law or regulation; (c) your negligent or willful misconduct; or (d) any dispute between you and a customer.

11. Modification

Phone Her Now reserves the right to modify this Agreement at any time. Any changes will be communicated to you via email or through your operator dashboard. Your continued provision of services after such notice constitutes acceptance of the modified Agreement. If you do not agree to any modification, your sole recourse is to cease providing services and close your operator account.

12. Governing Law

This Agreement shall be governed by and construed in accordance with the laws applicable in your jurisdiction. Any dispute arising out of or related to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorney's fees and costs.