legal
Last updated: Janurary 12th, 2018.
Terms of Service
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the www.qualtranscribe.com website (the "Service") operated by Qualtranscribe Ltd ("me", "us", "we", "our", or "Qualtranscribe"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Client accepts and understands that Qualtranscribe's pricing is based on the number of minutes of recording. Client also accepts and understands that audio variables as well as level of turnaround time may or may not impact the price. Qualtranscribe charges per minute of audio, not by page count, number of characters or words. Qualtranscribe does not charge for the use of it's cloud-hosted storage space or any other value-added services. Client acknowledges standard turnaround time attracts no extra or special pricing and might take more than days stated due to audio duration, audio quality, technicalities, etcetera.
Payments:
By engaging Qualtranscribe, Client agrees to pay for any and all transcription services performed by Qualtranscribe's (the "Work") on Client's behalf associated with audio material submitted by Client ("Source Material"). Client acknowledges his/her/its review of the rates on Qualtranscribe's website for its services and agrees to pay for the Work performed by Qualtranscribe's promptly and in full. For clients who are pre-approved to pay by check and have not paid within 5 business days, Qualtranscribe reserves the right to add a 10% late fee. Client further accepts that Qualtranscribe may hold any materials related to the work until it receives payment in full and that no new work will be started.
Qualtranscribe guarantees a 98% plus accuracy rate or higher for properly recorded audio. Any Source Material should be clearly recorded in a controlled environment (preferably professionally) with one person either talking or interviewing one subject with minimal background noise interference and no media noise or defects. The format must be recorded digitally, on standard audio cassette, VHS, or DVD. Client understands that poor duplication procedures can lead to degradation of the original Source Material. While Qualtranscribe's does its best to create the most accurate transcript possible regardless of the quality of audio, client should be aware that any audio that does not meet the previous criteria may impact the quality of the transcript and cause it to drop below the 98% accuracy rate If Client is not satisfied with his/her transcript and a) thinks it falls below the 98% accuracy rate and b) thinks it was not of good audio quality, Client has 7 business days from receipt of the Work to notify Qualtranscribe to rectify and correct all errors or mistakes.
Recording Quality:
All submitted audio/video files (“File(s)”) are subject to Qualtranscribe's acceptance. Qualtranscribe has the right to reject any File for any reason, including without limitation that it is considered to be of such poor quality that: a) transcription is not possible or b) the project is beyond Qualtranscribe's resources. If the audio quality of any File appears to be different than the quality represented by Client, Qualtranscribe will contact Client and discuss this discrepancy and a possible augmented rate. If the parties are unable to come to an agreement on the appropriate rate, Qualtranscribe may decline to work on the project and, in such case, all Files will be deleted and any physical media returned.
Transcription Accuracy:
The burden of proof rests with Client and Client understands and accepts that no transcript is ever “perfect.” Judgment calls have to be made on punctuation, spellings, grammar, etc. The spoken word often includes run-on sentences and other grammatically incorrect language.While Qualtranscribe strives for a 98% accuracy rate or better for audio that is properly recorded, Client agrees to release and hold Qualtranscribe, its employees, officers, directors, and agents harmless of any Claims or damages that may occur from the publication, quotation, distribution, public use or any other use of a quotation from the Work that may contain a typographical or factual or other error or even quotations that are without error.
Physical Media Files:
If Client elects to submit masters of its original Files, Client shall do so solely at its own risk. Client hereby agrees to indemnify and hold Qualtranscribe harmless from any expenses, claims, losses, costs, actions or damages, including reasonable attorneys’ fees, arising out of or related to damage to or loss of any Files whether Masters or duplicates, including without limitation data and media. Qualtranscribe makes no guarantees that the Files will be received or returned free from damage during the shipping process. Under any circumstances, Client hereby acknowledges that any Files submitted to Qualtranscribe have no commercial value whatsoever. Client agrees to not hold Qualtranscribe liable for any loss or damages to or destruction of any Files, including those that may occur in shipping or transmission electronically. Client agrees to pay all shipping costs for submission and return of Files.
Confidentiality:
Qualtranscribe acknowledges that it may have access to certain Client information and materials contained in Files related to Client’s business, products, services, clients and marketing strategies that are confidential and of substantial value to the Client. Qualtranscribe's undertakes not to use in any way neither for its own account nor for the account of any third party, nor disclose to any third party such confidential information revealed to it by Client unless and until required by court order or other legal process to do so or such information passes into the public domain. All transcribed work and sound files shall be deleted upon completion of the Work.
Client shall not copy, upload, post, publish, transmit, reproduce or distribute in any way, information or other material which is protected by a copyright or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or the right holder or violate any individual's/organization's right of privacy, right of publicity or other rights. The Work and any work product of the Work shall be used solely for lawful purposes only. Client acknowledges and concurs that it will not use the Work or any work product of the Work in any way that is, or is reasonably likely to be, harmful either to Qualtranscribe, or Qualtranscribe's customers, operations or reputation.
Indemnification:
While Qualtranscribe makes all attempts to complete the transcription work on time and accurately, it cannot absolutely guarantee the delivery date or quality of the transcripts to be acceptable when it is delivered. Qualtranscribe will redo the transcript if it is not up to standard and will attempt to deliver it on time. However, Qualtranscribe cannot be held responsible for any losses due to a delay in delivery or inaccuracy that may occur. By agreeing to this contract, Client indemnifies Qualtranscribe from any losses that may be incurred due to project delays or inaccuracy of the transcripts.
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