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Transcription and Secretarial Services |
| TERMS
AND CONDITIONS |
Working
with Voicescript
Any work undertaken by Voicescript is subject to the following Terms
and Conditions: |
These Terms
and Conditions apply in full to the supply to the Client of transcription
Services (the “Services”) by Voicescript Ltd. Voicescript
Ltd is registered in England and Wales, No 6683133, registered
office is 126A High Street, Nailsea, North Somerset BS48 1AH
In these Terms and Conditions (“the Conditions”):
“Assignment” means
each assignment to be completed by Voicescript Ltd for the Client
under these Conditions;
“Client/you” means
the person, firm or organisation named on the Transcription Booking
Form for whom Voicescript Ltd has agreed to provide the Services
in accordance with these Conditions;
“Client Material” means
but shall not be limited to any digital audio files, mini discs,
CDs DVDs and video files provided by the Client for the purposes
of the Contract;
“Commencement Date” means
the date on which the supply of the Services will commence as specified
in the Booking Confirmation;
“Contract” means
the contract for the provision of the Services made between Voicescript
Ltd and the Client;
“Confidential Information” means
without limitation all information and data of whatever nature
or form contained in the Client Material;
“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.
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- Booking
1.1 The supply of the Services shall be subject to these
Terms and Conditions, the Transcription Quotation and the Transcription
Booking Form. Following your submission of a Quotation Request,
Voicescript Ltd will be provide you with a written Transcription
Quotation which will be valid for 28 days from its date. Should
you wish to accept the Transcription Quotation you should submit
a completed Transcription Booking Form. A binding Contract shall
come into force between Voicescript Ltd and you on receipt by Voicescript
Ltd of your Transcription Booking Form and Voicescript Ltd shall
deem receipt of the Transcription Booking Form as your instructions
to commence work.
1.2 Transcriptions shall be carried out in accordance with our
standard Transcription Policy a copy of which can be found at
www.voicescript.co.uk. If you want to make any alterations to
this, you must indicate this on the Transcription Booking Form.
1.3 These Terms and Conditions together with the Transcription
Quotation and the Transcription Booking Form constitute the whole
agreement between Voicescript Ltd and you and supersede any prior
promises, representations, undertakings or implications whether
written or oral.
No variation of these Terms and Conditions shall apply unless
confirmed in writing by
Voicescript Ltd.
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- Delivery
2.1 Voicescript Ltd undertakes to use it reasonable endeavours
to complete the Assignment by the dates agreed with you but
time shall not be of the essence in this regard. If there is
any reason why completion of the Assignment is going to be
unduly delayed, Voicescript Ltd shall inform you as soon as
possible.
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Pricing
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 next whole minute. If we 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, we shall calculate
this part of our services on an hourly rating structure, to be notified
by Voicescript Ltd to the Client at the time of instruction to undertake
such work. Hourly charges shall be calculated in blocks of 15 minutes.
3.2 The price for the Assignment shall be as set out in the
signed Transcription Quotation. The Transcription Quotation is based
on the information provided by you at the time of booking. Additional
fees may be applied for complex or highly technical material, or
where, in the sole opinion of Voicescript Ltd, the audio quality
or content of an Assignment is not as indicated at the time of the
Quotation Request. This will be discussed and agreed with you at
the earliest opportunity.
3.3 Rates will be reviewed from time to time, with notification
of such changes being given to Clients one month before the implementation
of such changes. All costs of materials supplied or used in the course
of completing an Assignment i.e. fax, email and postage charges will
be invoiced in addition to the rates quoted and will be notified to
you in advance. An administration fee of £0.50 will be payable
in respect of each Word document returned to you.
3.4 Any work completed from cassette-based or mini disc
sources shall be subject to an enhanced rating structure.
3.5 All prices are quoted exclusive of VAT which shall be applied
at the prevailing rate.
3.6 When we receive specific requests for completion of Assignments
during weekends or Bank Holiday periods, this work will be subject
to a 25% surcharge on our basic rates notified to you in advance.
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- Payment
4.1 Payment shall be made on completion of the Assignment,
unless a monthly account has been agreed, whereupon the invoice
will be issued on the last working day of the month in which
the Assignment was undertaken. Payment will be due within fourteen
days of the date of invoice.
4.2 For private individuals and overseas clients, a 25% deposit
will be payable at the outset, and the remainder of the fee
charged on completion of the Assignment. This shall become
due immediately.
4.3 In respect of work undertaken on behalf of University Departments,
invoices will be raised either upon completion of the Assignment
or at fortnightly intervals for lengthy projects, whichever occurs
earlier. Payment is then due strictly within fourteen days of
the date of invoice.
4.4
Payment can be made by:
4.4.1 Cheque payable to ‘Voicescript Ltd’;
4.4.2 Bank transfer – details shown on invoice;
4.4.3 Credit and debit cards – Visa, MasterCard, Maestro
and Solo.
Please note that credit card payments are subject to a 3.5%
surcharge applied to the invoice total. Debit cards do not
carry any additional fee. Any bank charges incurred by Voicescript
Ltd, arising from the return of unpaid cheques shall be settled
by the client.
4.5 Time for payment shall be of the essence.
4.6 If you fail to pay any sum due under these Conditions
on the due date, Voicescript Ltd shall be entitled, without
limiting any other rights it may have to:
4.6.1 suspend the Services and/or completion of
the Assignment without notice;
4.6.2 charge an administration fee of £15 for
each reminder issued for outstanding payments;
4.6.3 charge interest on any outstanding amount due at the
rate of 8% above the base lending rate from time to time of
the Bank of England accruing on a daily basis until payment
is made whether before or after judgment.
4.7 No payments shall be deemed to have been received
by Voicescript Ltd until we have received cleared funds.
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- Cancellation and Termination
5.1 Following receipt of the Transcription Booking Form,
no cancellation or suspension of the Services by you shall
be valid or binding unless notified in writing to Voicescript
Ltd and agreed in writing by Voicescript Ltd. You are responsible
for ensuring that the Client Material and instructions provided
to Voicescript Ltd are correct and subject to these Terms,
you are responsible for paying for all work completed by Voicescript
Ltd.
5.2
Once the Transcription Booking Form has been received
by Voicescript Ltd, Voicescript Ltd shall not be bound to accept
the cancellation or suspension of the Services for whatever
cause and the agreement by Voicescript Ltd to any such cancellation
or suspension shall be subject to Voicescript Ltd being indemnified
in full by you in respect of all and any expenses and loss
incurred or sustained by it up to and including the date of
cancellation.
5.3 If you are a consumer, under the Consumer
Protection ( Distance Selling) Regulations 2000 you have the
right to cancel the Contract within seven days of the date of
your Transcription Booking Form. However if you state the Commencement
Date to be a date within the seven-day period described above
you agree to waive your right to cancel.
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Illegal Matter
6.1 Voicescript Ltd shall not be required to print or
produce any material which in its opinion is or may be of an
illegal or libellous nature. You shall indemnify Voicescript
Ltd in respect of any loss, damages, costs (including reasonable
legal fees), expenses or any other claims suffered by Voicescript
Ltd and arising out of any libellous or illegal matter contained
in any material printed or produced for you.
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Confidentiality
7.1 Voicescript Ltd undertake to keep all information supplied
by you strictly confidential and will not disclose any information
to third parties (other than sub-contracted transcriptionists)
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 transcriptionists are required to sign a Voicescript
Ltd Confidentiality Agreement. If you wish us to sign your
own Confidentiality Agreement we are happy to consider this
upon receipt of a copy.
7.3 Voicescript Ltd and its transcriptionists are required
to comply with a Data Processing and Data Security Protocol,
a copy of which can be provided to you on request.
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- Amendments
8.1 Clients will be deemed to be responsible for proofreading
all completed Assignments and no responsibility will be accepted
by Voicescript Ltd 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 within 72 hours of completion will be amended free
of charge. All other amendments will be charged according to
current rates.
8.2 For the purposes of this clause, “completion” is
deemed to be the date on which Voicescript Ltd notifies you
that the completed Assignment is available to you for downloading.
If the Assignment is made available in parts, “completion” shall
be the date and time at which the final part is made available.
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Sub Contractors
9.1 Voicescript Ltd reserves the right to subcontract the
Services to approved transcriptionists.
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Intellectual Property Rights
10.1 On request by you in writing, Voicescript Ltd will return
any Client Materials and erase any computer files relating
to the Services, once the Services are completed.
10.2 You will indemnify Voicescript Ltd 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 Voicescript Ltd 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.
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Warranties and Liability
11.1 Voicescript Ltd warrants to you that the Services will
be provided using reasonable care and skill. Where Voicescript
Ltd supplies in connection with the provision of the Services any
goods
supplied by a third party, Voicescript Ltd 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 Voicescript Ltd.
11.2
Voicescript Ltd does not warrant that the use of the
Services by you will increase the profitability of your business
or generate new business for you.
11.3 You agree to keep a back-up copy of all Client Material
you send to Voicescript Ltd and to rewind all tapes to the
start of the recording. We recommend that any Client Material sent
to Voicescript
Ltd through the postal services is sent via Special Delivery.
Voicescript Ltd 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.
11.4 Voicescript Ltd shall have no liability to you for any
loss, damage, costs, expenses or other claims for compensation
arising from:
11.4.1 any breach by you of these Conditions;
11.4.2 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;
11.4.3
any use by you of the transcribed or typed material
for illegal or libellous purposes.
11.5 Except in respect of death or personal injury caused
by Voicescript Ltd’s negligence, or as expressly provided
in these Conditions, Voicescript Ltd 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 Voicescript Ltd, 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 Voicescript
Ltd under or in connection with the Contract shall not exceed
the amount of the fees payable by you under the Contract.
11.6 Voicescript Ltd 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 Voicescript’s 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.
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- General
12.1 The headings to these Conditions are for convenience
only and shall not affect their construction.
12.2 Where the context so admits reference in these Conditions
to one gender shall include the other gender and words denoting
the singular shall include the plural and vice-versa.
12.3 References to any statute or statutory provision shall,
unless the context otherwise requires, be construed as a reference
to that statute or provision as from time to time amended,
consolidated, modified, extended, re-enacted or replaced.
12.4 Failure or delay by Voicescript Ltd in enforcing or partially
enforcing any provision of these Conditions shall not be construed
as a waiver of any of its rights under these Conditions or
the Contract. No waiver of any of these Conditions by either
party shall be deemed to be a further or continuing waiver
of any subsequent breach of that term or condition or any other
term or condition.
12.5 You shall not be entitled to assign or sub-licence or
part with possession of any of its rights or liabilities hereunder.
Voicescript Ltd shall be free to sub-contract the performance
of all or part of its obligations hereunder.
12.6 A person who is not party to the Contract has no right
under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of the Contract or these Conditions.
12.7 These Conditions and any disputes or claims arising out
of or in connection with their subject matter are governed
by and construed in accordance with the law of England.
12.8 The parties irrevocably agree that the courts of England
have exclusive jurisdiction to settle any dispute or claim
that arises out of or in connection with these Conditions.
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voicescript © MMVIII
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Voicescript
Ltd
Registered Office: 126A High Street, Nailsea, North Somerset BS48 1AH
Registered in England, No 6683133 VAT Reg No 891 1586 00
Voicescript provide the following services: digital transcription, audio transcription,
conference transcription, focus group transcription, seminar transcription, interview
transcription, investigative transcription, police interview transcription, disciplinary
hearing transcription, market research transcription, medical transcription,
survey transcription, university research transcription, and general audio typing.
Our transcription equipment is compatible with Olympus digital dictation, Philips
digital dictation, Sony digital dictation and Sanyo digital dictation kits. In addition we can provide wav transcription, dss transcription, dss Pro transcription, ds2 transcription, mp3 transcription, msv transcription, dvf transcription, wma transcription and much more. Our online service is secure, using 128bit encryption,
and is FIPS 140-2 compliant.
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