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. Pricing:
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. Accuracy Guarantee:
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. Client is fully aware and agrees that it is responsible for an accurate and truthful description of the audio contained in its Files. Regardless of Client’s description of the Files, in the event its description is inaccurate, Qualtranscribe will contact the Client to discuss accurate categorization of the File, including rates.

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. Client acknowledges and accepts that it is the Client’s sole responsibility to proofread and confirm the accuracy of a transcript before information from a transcript is published or printed or otherwise used and Client will not take any action against or include or implicate Qualtranscribe, its employees, officers, directors, or agents as defendants in any litigation arising out of or related to Client’s use of the Work.

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. Copyright:
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. Client also hereby indemnifies and holds Qualtranscribe and its employees, officers, directors, and agents harmless from and against any and all Claims or threat of Claims and damages against Qualtranscribe and/or its employees, officers, directors, and agents arising out of or related to Client’s Files and any use of the Work based thereon. Qualtranscribe shall not be held liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by the Client or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if Qualtranscribe has been advised of the possibility of such damages. If Client is dissatisfied with the Work, Client's sole and exclusive option is to have Qualtranscribe correct mistakes in the Work. Qualtranscribe's sole liability for any Claim or loss, damage or expense from any cause whatsoever arising out of or related to this agreement, the Work or any Files, shall in no event exceed sums actually paid to Qualtranscribe's by Client. Disclaimer: QUALTRANSCRIBE PROVIDES THE SERVICE ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. QUALTRANSCRIBE IS NOT RESPONSIBLE FOR THE ACTIONS OF ANY PERSON OR ANY ACCIDENT THAT RESULTS WHILE USING OR ATTEMPTING TO USE THE SERVICE.



Privacy Policy

Qualtranscribe is committed to protecting your information and respecting your privacy. This Privacy Policy together with the Qualtranscribe Terms of Service (and any other documents referred to therein) set out the basis on which any personal data we collect from you, electronic files which you provide to us through our website www.qualtanscribe.com (“Website”) or any other cloud storage service will be processed by us. When you complete any form, upload medial files, speak with our staff or submit any details to us or using our Website, we will collect, use and disclose your personal information in the manner described in this Privacy Policy. Please read this Privacy Policy carefully to understand our views and practices regarding your personal data and electronic files, how we use it and how we will treat it. If you do not agree with this Privacy Policy, please do not use our services. Information Collected When you use our Service, we may collect information about you including the following: Contact information - provided when uploading a file for transcription and maintained by you, including but not limited to your name, email address, address, phone number, etcetera. Media files, (audio or video files, voice notes and dictations) sent or received by you including information visible/audible and information necessary for the purpose of undertatking transcription projects/jobs. Feedback - Information, Questions or Support requests you send us about your experiences with the Service. Other information maintained by Qualtranscribe in order to facilitate the operation of the service. What we do with the Information This information enables us to provide the Service; deliver customer support; troubleshoot problems; resolve disputes; enforce our Terms of Service; research user demographics and behavior; analyze information to improve the Service; inform you about service updates, and promotional offers from us where you have not Opted out of receiving such information as set out below; verify your identity; provide additional features or services that we may develop and otherwise as set out below. Your Contact Information We will not disclose your contact details (phone number, email address) to any 3rd party business (e.g. advertiser, telemarketer) without your consent, unless we are required to do so pursuant to lawful requests, such as subpoenas or court orders, or in compliance with applicable laws. Your Email Address We will not send you unwanted e-mail messages or junk mail. However, we will use e-mail to send you messages, deliver transcriptions and service issues. We may also use e-mail to keep you up to date with news about Qualtranscribe and our services. Furthermore, we reserve the right to use e-mail to notify you of any eventual claims related to your use of the service, including without limitation claims of violation of third party rights. Audio/ Video Files Audio or video files or any other type of electronic media will be used to effect the transcription process. All electronic files are deleted from Qualtranscribe's storage after 3 business days of delivering the completed project/job. Media files are deleted from Qualtranscribe's secure cloud storage (from which the client uploaded them) after 3 business days of delivery the completed project/job. Qualtranscribe's does not send clients electronic files outside of its transcription center, all electronic files are worked on securely by Qualtranscribe's pool of transcribers. Contact If you have any questions about this Privacy Policy or need a Non-discolore Agreement contact us at support@qualtranscribe.com



Refund Policy

No refunds shall be made if quality of a transcript is below 98%. Client should contact Qualtranscribe's and there will be another review of the document at no charge. The Client should be aware that our transcribers may be actively working on files when you request to cancel - we can only prevent future work. Hence, no refunds shall be permissible in respect of any deposit amounts paid once such work has commenced. If no deposits or payment has been made, an invoice will be sent for files that are completed. Partial refunds will be given for partial work done under the sole discretion of Qualtranscribe. ​ A full refund/partial refund is made under Qualtranscribe's discretion if Qualtranscribe is unable to transcribe or work on a file or when Qualtranscribe's doesn't meet delivery time. If Qualtranscribe's doesn't meet an expedited turnaround time due to technical reasons - also communicated to the client - the client shall receive a refund (partial) of the expedited charge difference under the sole discretion of Qualtranscribe. Agreed-upon refunds will take 7 - 14 (Seven to fourteen) business days to be processed. Refunds may be processed via wire, Paypal, check, bank transfer under the sole discretion of Qualtranscribe.



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