Terms & Conditions

Your confidentiality is our priority!

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  1. 1.

    These terms and conditions of service delivery (this document) will be applicable to all service delivery contracts or undertakings between Aproskie Transcription Services (ATS) and any client. Whether expressly agreed to or not.

  2. 2.

    Definitions

    1. 2.1.

      The paragraph headings in this document, as well as emphasising of content, are meant for easy reference and reading. They do not affect the correct interpretation of the contents.

    2. 2.2.

      In this document, except in a context indicating another meaning;

      • 2.2.1.

        words referring to one gender also indicate the other gender;

      • 2.2.2.

        singular also indicates plural and vice versa;

      • 2.2.3.

        person, indicate a natural person as well as legal entities (including trusts and partnerships);

      • 2.2.4.

        client, includes any person and/or persons acting on the Client's behalf;

      • 2.2.5.

        recordings and transcription source means any correspondence, documentation, audio recording or broadcasts,

      • 2.2.6.

        computer programs, or any other work, program, recording whether protected by copyright or not;

      • 2.2.7.

        quoted value of a transcription or other service means the value which ATS and the Client agree as being

      • 2.2.8.

        the fee payable to ATS in respect of any transcription or other services;

  3. 3.

    The Client's undertakings and indemnification

    • 3.1.

      ATS services may be used only for lawful purposes.

    • 3.2.

      The Client confirms that it holds the necessary rights, title and interest, whether in copyright or arising from any other area of law, contract or arrangement, in the recordings and transcription source material in respect of which transcription services are needed.

    • 3.3.

      The Client indemnifies ATS against any claim, loss or damage arising from any infringement of copyright in the recordings and transcription source material.

    • 3.4.

      The Client is responsible for maintaining the confidentiality of his communications, files, materials and other information.

    • 3.5.

      ATS will use all reasonable endeavours to provide its transcription service in a proper professional manner and within the time limit agreed with the Client for that purpose but excludes any liability for any failure or delay in providing its service where same is caused by a reason beyond the control of ATS including, but not limited to; breaks in continuity of electricity supply or telecom link;

  4. 4.

    ATS ability to provide the needed service and Client service policy

    1. 4.1.

      These terms and conditions of service delivery (this document) will be applicable to all service delivery contracts or undertakings between Aproskie Transcription Services (ATS) and any client. Whether expressly agreed to or not.

    2. 4.2.

      Client service policy

      • 4.2.1.

        Delivery policy

        ATS regards agreed upon deadlines as binding and will only deviate from that in the event of compelling unforeseen circumstances and then after re-negotiation of deadlines.

      • 4.2.2.

        Confidentiality policy

        ATS is committed to protecting the confidentiality of all information entrusted to it by its clients.

        It will safeguard such information from accidental spillage and will not divulge it or any part of it to any third party for any reason whatsoever except when it is obliged to do so in terms of applicable provisions statutory law, or, by an order of a competent court of law, or with the Client's explicit consent.

      • 4.2.3.

        Storage policy

        ATS stores Clients contact details for invoicing purposes. On request by the Client, this information will be deleted immediately after the assignment had been completed and the account settled.
        Content sent to ATS for processing is stored for a short time, in case of query by the Client. Hard copy materials shall be returned by post unless otherwise requested by the Client, shortly after completion of work. Transcripts are stored for a period of approximately 30 (thirty) days following completion of work.

      • 4.2.4.

        Payment policy

        Payment for work done is due on completion of the work and the Client agrees to pay (in full without deduction) all charges invoiced by ATS within 30 (thirty) days of the date of the relevant invoice(s) issued for that purpose.
        Interest shall accrue on late payments at the rate of 4% (four percent) above the base rate of the Fisrt National Bank from time to time.

        The Client undertakes to remunerate ATS at the standard rate applicable from time to time as set out in the Rates Page or at such other rate as may be separately discussed and agreed between the Client and ATS.
        ATS will be entitled to request the payment of a deposit in the case of a major assignment. In such event ATS reserves the right not to commence such work until such time as the deposit is paid.

  5. 5.

    Limitation of liability

    Electronic transmission cannot be guaranteed to be secured. ATS cannot therefore accept liability for any loss, damage, corruption or interception of any of the Client's work, files, materials or other communications except where such loss, damage or other event is attributable to some negligent act or omission for which ATS can fairly and reasonably be regarded as responsible. The same provisions shall be deemed to apply to work, files and materials submitted to ATS in physical or hard copy form such as manuscripts, tapes or CD-ROMs.

    ATS does not carry any insurance for such matters or events and it is the Client's responsibility to make suitable precautions for the safeguarding of such material which is sent to ATS. ATS further suggests that the Client keeps a copy of all its material, which you send to us.

    If the work carried out by ATS is not what the Client has instructed or is defective in some material respect, ATS shall have no liability to the Client unless the Client notifies ATS of the problem (in writing at our contact address) within 7 (seven) working days of the return of the transcribed work to the Client. If the Client notifies a problem to ATS under this provision. ATS only obligation will be to re-perform the work or to refund to the Client the amount paid for the service in question.

    Notwithstanding the above ATS shall have no liability whatsoever for the accuracy of transcriptions including, but not limited to, proof-reading of transcription or mistakes in transcription due to inaudibility. The Client agrees that it is its responsibility to proof-read work.

    ATS will not be liable to the Client for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered of an indirect or consequential nature including, without limitation, any economic loss or other loss of turnover, profits, business or goodwill.

    Notwithstanding any other provision of these Terms and Conditions, in any circumstances where ATS has not effectively excluded liability under or in connection with the services provided hereunder, ATS maximum liability to the Client whether in contract, negligence, breach of statutory duty or otherwise shall not exceed the amount paid or payable by the Client for the work assignment in question.

  6. 6.

    General provisions

    These Terms and Conditions are not exhaustive. ATS may consider additional and/or revised terms and conditions at the request of a Client.

    ATS reserves the right to change the terms at any time by posting such changes online. It is the Client(s) responsibility to refer to, familiarise itself with and comply with all the Terms and Conditions as agreed to between the parties.

Have a question or need a custom quote?

Why not drop us an email on transcription@aproskie.com or give us a call on +27 (0)794056231 or you can submit a quote request on our Contact Us page.