Terms + Conditions
Sydney Office (ADDRESS: 1 Yonge Street• Suite 1801 • Sydney • Ontario • Australia • M5E 1W7) Transcription Services for Market & Social Research
GENERAL TERMS OF THE SERVICE
Any work undertaken by Transcript Divas is subject to the following Terms and Conditions:
These Terms and Conditions apply in full to the supply to the Client of Transcription and related services (the “Services”) by Transcript divas of 27 Norton Road, Vancouver.
In these Terms and Conditions (“the Conditions”):
1. “Assignment” means each assignment to be completed by Transcript Divas for the Client under these Conditions and for the total work detailed in each invoice;
2. “Client/you” means the person, firm or organisation identified by us for whom Transcript Divas have agreed to provide the Services in accordance with these Conditions;
3. “Client Material” means but shall not be limited to any tapes, digital audio files, mini discs, CDs DVDs and video files provided by the Client for the purposes of the Contract;
4. “Commencement Date” means the date on which the supply of the Services will commence as specified in the Booking Confirmation email that will be sent from Transcript Divas to the client confirming time lines, rates and any other project agreements;
5. “Contract” means the contract for the provision of the Services made between Transcript Divas and the Client;
6. “Confidential Information” means without limitation all information and data of whatever nature or form contained in the Client Material;
7. “Intellectual Property Rights” means any patents, design rights, trade marks, service marks (in each case whether registered or not), applications or rights to apply for any of the foregoing, database rights, know-how, trade or business names, rights in confidential information, goodwill and other similar rights existing in any part of the world.
1.1. If clients identify inaccuracies in transcripts Transcript divas will endeavor to amend immediately any errors.
1.2. For the purposes of this clause, “completion” is deemed to be the date on which Transcript Divas notifies you that the completed Assignment has been emailed to you. If the Assignment is made available in parts, “completion” shall be the date and time at which the final part is made available.
1.3. If full instructions are not made clear to Transcript Divas through email prior to work being undertaken on the project, no responsibility can be taken for discrepancies whatsoever.
1.4 Although Transcript Divas pride ourselves on the accuracy and quality of our products Clients will be deemed to have the final responsibility for proofreading all completed Assignments and no responsibility will be accepted by Transcript Divas for any errors arising in final copies of a completed Assignment or any loss, damages, costs, expenses or liability suffered by you and arising from your subsequent use of any documentation produced. Any errors in Assignments identified will be amended free of charge.
2. Time Lines
2.1 Transcript Divas will do all that is possible to meet time lines specified on the Booking Confirmation email. If due to any circumstances Transcript Divas fail to meet the completion time stated on the confirmation email then we will contact the client immediately.
3.1. These Terms and Conditions together with information and instructions contained in specific emailed correspondence regarding each specific assignment constitute the whole agreement between Transcript Divas and you and supersede any prior promises, representations, undertakings or implications whether written or oral, or any previous agreements or correspondence from other assignments.
3.2. No variation of these Terms and Conditions shall apply unless confirmed in writing or by email by Transcript Divas.
4.1. Except where otherwise agreed, our rating structure is based on a per audio minute basis, with costs for each audio file being calculated to the previous whole minute. If Transcript Divas are instructed to undertake tasks which do not relate solely to the transcription of audio and therefore cannot be charged on a recorded minute basis, Transcript Divas shall calculate this part of our services on an hourly rating structure, to be notified by Transcript Divas to the Client at the time of instruction to undertake such work. Hourly charges shall be calculated in blocks of 15 minutes.
4.2. The price for the Assignment shall be as set out in the booking confirmation email.
4.3. All prices are not subject to VAT.
4.4. When Transcript Divas receive specific requests for completion of Assignments during weekends or Bank Holiday periods, this work will NOT be subject to any surcharge on our basic rates.
5.1. Payment shall be made on completion of the Assignment, whereupon the invoice will be issued on the last working day in which the Assignment was undertaken. If a client is a new client Transcript Divas may issue an invoice and require payment before completion. Payment will be due within 14 days of the date of invoice. Transcript Divas reserve the right to calculate a late payment fee to cover our own lose of cash flow.
5.2. In respect of work undertaken for long assignments, invoices will be raised once project costs exceeed £400. Payment is then due within fourteen days of the date of invoice.
6. Payment can be made by:
6.2. Bank transfer – details shown on invoice
6.3. No payments shall be deemed to have been received by Transcript Divas until Transcript Divas have received cleared funds.
7.1. Transcript Divas undertake to keep all information supplied by you strictly confidential and will not disclose any information to third parties without your written permission unless required to do so by a court of competent jurisdiction or by a government or regulatory authority.
7.2. All employees including transcriptionists and transcript quality controllers are required to sign a Confidentiality Agreement with us. If you wish us to sign your own Confidentiality Agreement Transcript Divas are happy to do so upon receipt of a copy.
7.3. As part of employment by Transcript Divas ourtranscriptionists and transcription quality controllers are required to comply with a Data Processing and Data Security Process, a copy of which can be provided to you on request.
8. Intellectual Property Rights
8.1. On request by you in writing, Transcript Divas will return any Client Materials. As part of our own security procedures Transcript Divas delete all hard and soft copies of relating to a client projects, once services are completed.
8.2. You will indemnify Transcript Divas in full against all losses, costs and expenses, including, without prejudice to the generality of the foregoing, legal fees, incurred as a result of any claim by any third party that Transcript Divas has breached any Intellectual Property Rights or any third party’s rights in Confidential Information in carrying out any of the Client’s instructions in relation to the Services
9. Warranties and Liability
9.1. Transcript Divas warrants to you that the Services will be provided using reasonable care and skill. Where Transcript Divas supplies in connection with the provision of the Services any goods supplied by a third party, Transcript Divas does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to you the benefit of any warranty, guarantee or indemnity given by the party supplying the goods to Transcript Divas.
9.2. You agree to keep a back-up copy of all Client Material you send to Transcript Divas and to rewind all tapes to the start of the recording. Transcript Divas recommend that any Client Material sent to Transcript Divas through the postal services is sent via Special Delivery. Transcript Divas shall not be liable for any loss, damage, costs, expenses or other claims arising from any Client Material which is lost or damaged through the postal system or of which you have not retained a copy or for damage to any tapes or mechanical failure of a cassette/disk.
9.3. Transcript Divas shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from:
9.3.1. Any breach by you of these Conditions;
9.3.2. Any Client Material or instructions supplied by the Client which are incomplete, incorrect, repetitive, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non arrival, or any other fault attributable to you;
9.3.3. Any use by you of the transcribed or typed material for illegal or libellous purposes.
9.3.4. Except in respect of death or personal injury caused by Transcript Divas’ negligence, or as expressly provided in these Conditions, Transcript Divas shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Transcript Divas, its employees or agents or otherwise) which arise out of or in connection with the provision of the Services or their use by you, and the entire liability of Transcript Divas under or in connection with the Contract shall not exceed the amount of the fees payable by you under the Contract.
9.3.5. Transcript Divas reserves the right to defer or to cancel the Contract without liability to you if it is prevented from or delayed in the carrying on of its business due to circumstances outside its reasonable control including but, without limitation, strike, lock-out or other industrial action (whether or not relating to either party’s workforce), terrorist activity, civil commotion, government action, acts of God, war or national emergency or other circumstances beyond Transcript Divas reasonable control provided that, if the event in question continues for a continuous period in excess of three months then either party shall be entitled to give notice in writing to terminate the Contract.