The terms and conditions of this document form a legally binding agreement between you, the client (hereinafter “Client”) and Production Transcripts, Inc. in relation to your use of any and all services provided by Production Transcripts, Inc. This legal agreement is referred to below as the “Terms of Service.”
Client agrees to pay for all work (hereinafter “Transcripts”) completed by Production Transcripts on your behalf from any materials (hereinafter “Source”) you submit for transcription.
The following classifications will apply to the any Source materials submitted for transcription. Each classification has a different billing rate.
A Type-1 audio source classification (hereinafter “Type-1”) shall be defined as one-on-one interview audio or single speaker audio professionally recorded in a controlled environment such as a sound stage, house, office, etc., where the sound quality is monitored and controlled for optimal recording. Type-1 audio will have no background noise or tape noise. Poor duplication of your original can result in your audio being classified as Type-2.
A Type-2 audio Source classification (hereinafter “Type-2”) shall be defined as any audio of the following nature and supercedes and Type-1 audio classification:
- Interviews shot on-the-fly or in uncontrolled environments where the ambient sounds fluctuate so as to make the material more difficult to transcribe.
- Poorly recorded or duplicated Type-1 tapes such that the audio submitted for transcription is of a poor quality as determined solely by Production Transcripts.
- Lectures or Seminars where there is one primary speaker or sequential speakers, but not concurrent speakers. For concurrent speakers (e.g. Seminars with multiple panelists), see Type-3 defined below.
- Any audio where the speakers have heavy accents or speak English as a second language.
- Any audio recorded on micro-cassette.
- Any audio digitally recorded below 22khz frequency/sample rate, 32 kbit/second data rate. Most digital dictation devices record below the acceptable levels for Type-1 audio. In particular, the DSS format is most often classified as Type-2 audio.
- Any interviews recorded over phone lines (analog or digital). Applies to both speakerphone conversations as well as calls recorded directly or by third parties. Conference calls or phone calls involving more than 2 people are billed as Type-3.
- Two people being interviewed at a time in a formal interview setting.If it is not a formal interview setting as pertains to Type-2 classification Paragraph 7, this type of audio may be classified as Type-3 audio as defined below.
- Any audio submitted from conferences, focus groups, or multi-person seminars.
- Any audio where more that 2 people are talking extemporaneously.
- Conference calls with more than 2 people.
Billing is based on the length of each audio source submitted, not the cumulative length of all audio submitted. In the event that the Source is a double sided audio cassette or micro-cassette, each side shall be considered a separate audio Source for transcription and billing purposes. Each digital Source file submitted is billed as a separate transcript.
Client is responsible for the cost of transcription of all material submitted for transcription, including any ‘duplicate’ audio or ‘extranious’ audio that they do not notify us of in advance. When sending audio for transcription, the Client attests that they have listened to their own materials and confirmed exactly what should or should not be transcribed. For example, if a client uploads a file that contains the same clip of audio two or more time and does not notify Production Transcript of the duplication, Client shall be responsible for the transcription costs irrespective of the duplication or error on part of the Client.
In the event that Client submits tapes that are non-transcribable as determined by Production Transcripts for any reason, said tapes shall be billed at the then current ‘bad tape’ fee for each Source, or side of Source in the case of Audio Cassettes, that is submitted for transcription by Client. (e.g. Side A of a cassette is Transcript #1, Side B of a cassette is Transcript #2)
Client may elect to consolidate short audio Source tapes so as to create longer audio Source tapes to take advantage of price breaks given on longer audio Source tapes lengths. (e.g. Reel 01 – Bob Interview (30 min.), Reel 02 – Bob Interview (30 min.) could be combined on to a single 60 minute tape). However, Client may not consolidate Sources for which they are requesting timecode tracking. Furthermore, Production Transcripts will create one single continuous Transcript from a consolidated Source. No effort will be made to distinguish when one original source ends and the next begins. Consolidated Source tapes may not exceed 2 hours in length.
Client hereby states that all Sources submitted by Client company to Production Transcripts are duplicates of the original materials. Under no circumstances will Production Transcripts accept “Master” or “Original” Source tapes or materials. Client hereby acknowledge that the Source materials submitted to Production Transcripts, be they VHS, DVD, miniDV, DVCAM, Audio Cassette, or any other type of media, are of zero ($0.00) commercial value. Production Transcripts shall not be held liable for any loss or destruction of materials submitted by Client, including but not limited to losses incurred in the return shipping of Sources back to Client. Production Transcripts may at its discretion hold Client’s Source materials until any outstanding invoices are paid in full.
In the event that an order received from a Client exceeds $500.00, Production Transcripts may require a credit card number be provided to hold the order in the amount of the invoice. This shall be at Production Transcripts sole discretion.
“Rush Service” defined as transcription performed by 12:00 PM the next business day for Source Materials recieved from from Client prior to our then stated cut off times. However, there is a limitation to how much Rush Service Source materials can be handled at any given time. Client agrees to contact Production Transcripts in advance of submitting any materials for Rush Service. Production Transcripts may at its discretion decline any or all Source material requesting Rush Service. In the event the Production Transcripts agrees to perform Rush Service on Client’s Source materials but fails to deliver on or before the next business day, Client shall only be billed for the applicable Source classification minus any rush charges. That said, Production Transcripts and Client may waive these restrictions from time to time with mutual agreement. Business days are governed by our normal operating hours and exclude weekends, holidays, and any other day we elect not to be open for business.
The Client will download and submit a submission form (hereinafter “Tape Submission Form”) for each batch of Source materials to be transcribed. On the Tape Submission Form, the Client may elect which return shipping method they desire for their Source materials. In the event that the Client does not state a preference on the Tape Submission Form, said Source materials will be return using the then cheapest method available to the Client. Said shipping will be billed to the Client.
Client accepts that no Transcript can ever be “perfect,” and that the Client has examined samples of Production Transcripts work and found the quality of said Transcripts to be satisfactory for Clients needs. Client accepts that occasionally there will be unavoidable inaccuracies due to poor audio quality, obscure regional slang or dialect, or unfamiliar proper names and nouns. Transcription services rendered by Production Transcripts do no include any research or proofing to determine the correct spelling of proper nouns, geographical locations, technical jargon, or slang. Client also acknowledges that spoken word is often very distinct from proper grammar. In particular, most people talk in run-on sentences, as such Production Transcripts will make a good faith effort to determine when one sentence ends and the next begins. However, Client accepts that this is a judgment call and agrees that Production Transcripts will make no effort to correct grammar or proof-read material for grammar.
Any claims of defect by the Client must be submitted within 5 days of the completed Transcript being forwarded to the e-mail account the Client specified when establishing an account with Production Transcripts. Client accepts that a “redo” of the Transcript will be Client’s only claim of satisfaction for work rejected by the Client. Client further agrees that “redos” will only apply to specifically rejected Transcripts and not entire jobs. For purposes of this agreement, the Transcripts are considered to be custom-produced and perishable works. Under no circumstances will refunds be issued for delivered work.
Client agrees that it is its 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 Production Transcripts, Inc., its employees, officers, directors, or agents as defendants in any litigation arising out of or related to Client’s use of the Transcript. Client hereby indemnifies and holds Production Transcripts, Inc. and its employees, officers, directors, and agents harmless from and against any and all Claims or threat of Claims and damages against Production Transcripts, Inc. and/or its employees, officers, directors, and agents arising out of or related to Client’s Source Materials and any use of the Transcript based thereon.
Production Transcripts, Inc. 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 Production Transcripts, Inc. has been advised of the possibility of such damages. If Client is dissatisfied with the Transcript, Client’s sole and exclusive option is to have Production Transcripts, Inc. correct mistakes in the Transcript. Production Transcripts, Inc. shall not be liable for any failure or delay in performing its obligations hereunder, if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or labor disturbance, interruption of or delay in transportation, or inability to obtain raw materials, supplies or power used in, or the equipment needed for the provision of the Transcript. Production Transcripts, Inc.’s sole liability for any Claim or loss, damage or expense from any cause whatsoever arising out of or related to this agreement, the Transcript or any Source Materials, shall in no event exceed sums actually paid to Production Transcripts, Inc. by Client.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.
These Terms of Service, and Client’s relationship under the Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. Client and Production Transcripts, Inc. agree to submit to the exclusive jurisdiction of the courts located within the county of Los Angeles, California to resolve any legal matter arising from the Terms of Service. Notwithstanding this, Client agrees that Production Transcript, Inc. shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Should Client’s account become delinquent, Client agree to pay any late charges and pay all fees and costs incurred by Production Transcripts in the process of collecting the monies owed, including without limitation attorney’s fees and court costs. Client by signing or submitting an account application, or tape submission form, or credit application, attests to financial responsibility and acknowledges reading and agreeing to all terms of this document.
If any accounts become delinquent Client hereby authorizes Production Transcripts to charge any outstanding balance to any valid credit card provided by the Client which Production Transcripts may have on file. In the event that the Client repudiates the charges with the credit card company, or the Client otherwise becomes delinquent, Client agrees to pay triple-damages to Production Transcripts in any legal action that would follow such repudiation or delinquency in addition to other legal fees associated with collection as well as any other fees and charges laid out within these Terms of Service.
If Client requires that we use any payment system as a substitute for paper checks that requires Production Transcripts to pay either a fee or percentage of invoiced amount in order to receive payment, such fees will be directly added to invoices. For example, if in order to receive ACH direct deposits, Production Transcripts has to enroll with a third-party processor in order to receive the payment and that third-party charges fees of any sort, said fees will be added directly to Client’s invoiced amount due. For accounts with Net Payment Terms, these fees may be avoided by either sending us a check via mail or an ACH deposit directly into our bank account. This paragraph does not apply to COD accounts paying by credit card.
Our normal process is to email Client a PDF invoice. If Client requires that we re-key any invoice or processing data into their own accounting or payment systems above and beyond simply emailing the PDF, we charge $5.00 per invoice processed.
In the event that Client applies for an account on-line, Client agrees that by checking the “Yes, I Agree” box with regards to the “I have read and agree to be bound by the Terms of Service Agreement” portion of the on-line form that Client shall be bound by the terms of this document.
Production Transcripts reserves the right to change these Terms of Service from time to time. Production Transcripts will post said modified Terms of Service to its web-site at www.productiontranscripts.com