Last Updated: September 30, 2007

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Terms of use agreement for conduittranscriptions.com

 

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THESE “TERMS OF USE”) CAREFULLY BEFORE USING THIS SITE. 

IMPORTANT!!! THE ONLINE WEB SITE AVAILABLE AT WWW.CONDUITTRANSCRIPTIONS.COM (THE “WEB SITE”) IS ONLY FOR USERS RESIDING IN THE UNITED STATES OF AMERICA OR CANADA (INCLUDING THEIR RESPECTIVE COMMONWEALTHS, TERRITORIES AND POSSESSIONS) (“TERRITORY”). IF YOU DO NOT RESIDE IN THE TERRITORY, THEN YOU ARE NOT AUTHORIZED TO USE THE WEB SITE AND MUST EXIT THE HTTP://WWW.CONDUITTRANSCRIPTIONS.COM/ WEBSITE (THIS “SITE”) IMMEDIATELY.

These Terms of Use are a legal contract between you and Conduit Transcriptions that governs your use of the Web Site. By accessing the Web Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

NOTICE

Conduit Transcriptions may from time to time modify these Terms of Use and will post a copy of the amended Terms of Use at http://www.ConduitTranscriptions.com/pages/terms-full.html.  If you do not agree to (or cannot comply with) the Terms of Use, as amended, your only remedy is to stop using the Web Site. You will be deemed to have accepted the Terms of Use, as amended, if you continue to use the Web Site after any amendments are posted.

SOURCE AUDIO QUALITY FOR TRANSCRIPTION

Type 1Audio is defined as any well-recorded source with either one person talking or interviewing a subject. Format must be recorded digitally, on standard audiocassette, VHS, or DVD.

Type 2 Audio is defined as:

Type 3 Audio is defined as:

Conduit Transcriptions has the right to reject any audio that is considered to be of such poor quality that: 1) transcription is not possible or 2) the project is beyond company’s resources. Our company also reserves the right to reject any project for any reason. If the audio quality of any project appears to be different than the quality presented by client, the company will contact the client and discuss this discrepancy and a possible adjusted/increased rate. 

 

SOURCE AUDIO SPECIAL TERMS AND CONDITIONS 

Masters of original audio are supplied at the client’s own risk. While Conduit Transcriptions digitizes all audio we receive, we can make no guarantees that the tapes will be free from damage during the shipping process. Client agrees to not hold Conduit Transcriptions liable for loss or damages to audio sources that may occur in shipping or transmission electronically.

Conduit Transcriptions is not obligated to store files for our customers once the files are delivered and accepted.

Conduit Transcriptions only transcript & translate complete files from beginning of the recording to the end. (Editing can be deemed as tampering with evidence).

If the same conversation is recorded by several other devises (VHS & Cassette recorder) Conduit Transcriptions does not cut & paste the same conversation for transcript purposes. We will treat each recording as a separate file.

PERFORMANCE GUARANTEE

 

ORDERING/CONTRACT TERMS AND FEE SCHEDULE

You understand and agree that the following Rates and Terms apply to any order for translation or transcription services: 

Rates:                 Rates are as specified via a requested written quote from Conduit Transcriptions, plus reimbursable expenses at Consultant's cost. Discounts are available for large or long-term projects/contracts. Retainer agreements are available. Long term negotiated rate contracts preferred. Expert Testimony, and review time, if requested, are not included in the basic rate and will be bill separately.

You acknowledge that Conduit Transcriptions, Inc bills per minute of recorded audio and not on page count, number of characters, or work hours UNLESS OTHERWISE AGREED IN WRITING. This is to protect the customer from being billed for erroneous extra charges that many other services employ. Any additional seconds that do not make up a full sixty seconds are rounded up to the next minute.

Expenses:                Expenses are included in the hourly rate except for reasonable travel and living expenses incurred by Conduit Transcriptions for services performed outside of local offices; fees for surcharged databases; and, expenses for extraordinary shipping. All other expenses must be approved by the client in advance.

Contract Type:                Time and Materials. Fixed Price rates available for defined projects.

Initial Fee:                Existing Client:        No Minimum.

                        New Client:                $100 Dollars.

                        Large projects may require higher minimum fees.

Delivery Terms:                Delivery terms are f.o.b. origin via FedEx, or U.S. mail and are f.o.b. destination for electronic mail or short facsimile. Client agrees to separately pay all shipping and/or transmission costs for submission and return of original audio files, printing of transcripts or large-scale facsimile shipments.

Payment Terms:        Existing Client:        Net 30 calendar days after delivery (with prior written contract or Web Order in place).

                        New Client:                Advance payment of minimum fee. Remainder due immediately upon delivery.

Larger project may have interim milestone or calendar billing schedules. Late fees and interest shall be immediately due and payable. 

 

Payment Method:        Wire transfer preferred

                        Existing Client:        Check or other negotiable instrument denominated in US funds.

                        New Client:                Guaranteed check, Money Order or Bank Check denominated in US funds.

Letters of Credit may be required for larger international projects. Special arrangements can be made for payment in foreign funds.

Late Fees:                2% per month of the unpaid balance of any delinquent amount.

Interest Fees:                1.5% per month interest on the unpaid balance computed on a daily basis from the date of the statement.

Other Terms and Conditions:        Other contractual terms will be negotiated in the final contract. A sample         standard contract is available upon request.

Taxes:                These rates do not include any Foreign, Federal, State, or local sales and/or export/import taxes. Purchase orders must have documentation of tax-exempt status to preclude billing of sales taxes, if applicable. Services usually do not bear local or state sales tax.

Validity:        Rates and Terms are subject to change without prior notice. GSA Supply Schedule orders have special term and conditions. Conflicts between this agreement and the GSA Supply Schedule terms and conditions shall be resolved in favor of the GSA Supply Schedule terms and conditions.

 

REGISTRATION 

To use the Web Site, you must register and provide certain information, including (but not limited to) a User ID nickname, a password, Company Name, a current email address, and a current postal address with a zip/postal code (collectively, "Registration Data"). Conduit Transcriptions requires the Registration Data. You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate. Conduit Transcriptions will use your Registration Data in accordance with its Privacy Policy, which you can review at http://www.ConduitTranscriptions.com/pages/privacy-policy-full.html

You agree that you will not allow others to use your nickname, password and/or account, and you are solely and entirely responsible for maintaining the confidentiality and security of your account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account and you agree to immediately notify Conduit Transcriptions of any unauthorized use of your account or any other breach of security. Conduit Transcriptions shall not be responsible for any losses arising out of the unauthorized use of your nickname, password and/or account, and you agree to indemnify, defend and hold harmless Conduit Transcriptions, its business partners, subsidiaries, agents, affiliates and/or licensors, as applicable, and its and their respective directors, officers, employees and shareholders for any improper, unauthorized or illegal uses of the same. You agree that you will not: (i) use the Web Site in any manner that places an unreasonable load on its infrastructure; (ii) interfere with the normal operation of the Web Site and/or this Site; (iii) attempt to decipher, decompile, reverse engineer, or disassemble any of the software comprising or making up the Site or the Web Site; or (iv) frame or link any of the materials or information available from the Site or the Web Site.

USE OF WEB SITE 

Digital Protection: You understand that the Web Site and Application include security components that permit digital information to be protected and used only as permitted by the Usage Rules set by Conduit Transcriptions and/or Content Owners. 

USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS, TRADEMARKS AND RESTRICTIONS 

The Web Site, Application, and Content and any other software, audio and video files as well as articles, photographs, images, illustrations, or other content provided on this Site (collectively, “Conduit Transcriptions Materials”) are solely for your personal, non-commercial use. You may only print one (1) hard copy of the pages on this Site, for your personal, noncommercial home use, provided you keep intact all copyright and other proprietary notices. All rights not expressly granted to you in these Terms of Use are reserved to Conduit Transcriptions, and/or its business partners, affiliates, licensors or the party credited as the provider of such Conduit Transcriptions Materials (collectively, “Conduit Transcriptions Licensors”).

All Conduit Transcriptions Materials are protected by copyright and/or other intellectual property rights that are owned and controlled by Conduit Transcriptions or Conduit Transcriptions Licensors. You agree that   Licensors are intended third-party beneficiaries under these Terms of Use with the right to enforce the provisions that directly concern their content. The entire contents of the Web Site are also copyrighted as a collective work under the United States and other international copyright laws, and the selection, coordination, arrangement and enhancement of such content are protected by copyright. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material as permitted by these Terms of Use. Modification of the Conduit Transcriptions Materials or use of the Conduit Transcriptions Materials for any purpose other than personal, noncommercial use is a violation of the respective owners' copyrights and other proprietary rights. The use of any such material on any other Web site or networked computer environment is strictly prohibited.

All trademarks, Web Site marks, and trade names are proprietary to Conduit Transcriptions or Conduit Transcriptions Licensors. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

TERRITORIAL RESTRICTIONS 

Currently, the Web Site is only available to residents in “The Territory.”  You understand and acknowledge that you may not access or attempt to access or use the Web Site from countries outside of the “The Territory.”  You agree to abide by applicable export control laws as well as all applicable laws in “The Territory.”  Conduit Transcriptions reserves the right to verify the location of users and may use IP addresses as the basis for determining the location of its users.

PRIVACY 

For information regarding Conduit Transcriptions use of information collected in connection with the Web Site, please refer to Conduit Transcriptions Privacy Policy, a copy of which is available at http://www.ConduitTranscriptions.com/pages/privacy-policy-full.html and which is expressly made part of these Terms of Use.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) – INFRINGEMENT NOTIFICATION 

If you believe that any of the Conduit Transcriptions Materials infringe your copyright, you should notify Conduit Transcriptions of your copyright infringement claim in accordance with the procedures described below. Conduit Transcriptions will process claims of alleged infringement and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. Any claimed copyright infringement notifications should be sent to Conduit Transcriptions’. 

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c) (3)):

1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;


2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Web Site provider to locate the material;

4. Information reasonably sufficient to permit the Web Site provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,

6. A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For example, "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

VIOLATION OF INTELLECTUAL PROPERTY RIGHTS 

If Conduit Transcriptions receives a notice alleging that you have engaged in behavior that infringes Conduit Transcriptions or other's intellectual property rights, or reasonably suspects the same, Conduit Transcriptions may suspend or terminate your account without notice to you. If Conduit Transcriptions suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you. 

You agree that Conduit Transcriptions has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Conduit Transcriptions believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Conduit Language Specialists’ right to cooperate with any legal process relating to your use of the Web Site, and/or a third party claim that your use of the Web Site is unlawful and/or infringes such third party’s rights).

PROMOTIONS AND ADVERTISING 

Conduit Transcriptions and/or its business partners may present advertisements or promotional materials on or through the Web Site. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Web Site are solely between you and such third-party. You agree that Conduit Transcriptions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Web Site.

LINKS TO THIRD-PARTY SITES 

The Web Site may present links to third-party Web sites not owned or operated by Conduit Transcriptions. Conduit Transcriptions is not responsible for the availability of these sites or their contents. You agree that Conduit Transcriptions is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or Web Sites available through any such site.

MINORS 

The Web Site may not be used by children (i.e., anyone under the age of 18), and may contain material that is inappropriate for children. If there is a concern by parents that children may utilize the Conduit Transcriptions Web site, Conduit Transcriptions recommends using a parental control software package to monitor and curtail Internet access. Some sample parental software packages include: SpectorPro, WebWatcher, and SpyAgent. Conduit Transcriptions does not endorse any one parental software package, and recognizes that no parental software package can replace your careful supervision of Internet use by children. 

INDEMNITY 

You agree to indemnify and hold harmless Conduit Transcriptions and its agents, employees, representatives, affiliates, parents and subsidiaries, business partners and/or suppliers (collectively, the “Conduit Transcriptions Entities”) from and against any and all claims, losses, demands, causes of action and judgments (including attorneys' fees and court costs) arising from or concerning your breach of these Terms of Use and your use of the Web Site and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof. Additionally, you agree to release and hold harmless Conduit Transcriptions, Inc, et.al. of any damages that may occur from the publication, quotation, distribution, or public use of a quotation from the transcript that may contain a typographical or factual error or even quotations that are without error. Client agrees that it is his or her responsibility to confirm the accuracy of a transcript before information from a transcript is published or printed and will not list or imply Conduit Transcriptions, Inc, it's officers, or any employees as a dependent in any litigation or ongoing legal cases.

DISCLAIMERS 

You understand and agree that your use of the Web Site is at your own sole risk. THE WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY BY THE CONDUIT TRANSCRIPTIONS ENTITIES, AS APPLICABLE, AND, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE CONDUIT TRANSCRIPTIONS ENTITIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS EXPRESS, IMPLIED, COLLATERAL OR ARISING BY STATUTE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT. THE CONDUIT TRANSCRIPTIONS ENTITIES DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEB SITE WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY OR OTHERWISE. YOU WILL NOT HOLD ANY CONDUIT TRANSCRIPTIONS ENTITY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM YOU ACCESSING (INCLUDING ANY SOFTWARE OR SYSTEMS YOU USE TO ACCESS) THE WEB SITE OR USING THE PRODUCTS INCLUDING, BUT NOT LIMITED TO, DAMAGE TO ANY COMPUTER, SOFTWARE OR SYSTEMS OR PORTABLE DEVICES YOU USE TO ACCESS THE SAME. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY PERSON SHALL CREATE A WARRANTY IN ANY WAY WHATSOEVER RELATING TO ANY OF THE CONDUIT TRANSCRIPTIONS ENTITIES.

UNDER NO CIRCUMSTANCES SHALL ANY CONDUIT TRANSCRIPTIONS ENTITIES BE LIABLE FOR ANY UNAUTHORIZED USE OF THE WEB SITE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL ANY CONDUIT TRANSCRIPTIONS ENTITIES BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCTS, EVEN IF THE CONDUIT TRANSCRIPTIONS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE CONDUIT TRANSCRIPTIONS ENTITIES SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED $10.00.

REMEDIES 

You agree that any unauthorized use of the Web Site, any related software, audio files or video files would result in irreparable injury to Conduit Transcriptions and/or its affiliates or licensors for which money damages would be inadequate, and in such event Conduit Transcriptions, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that Conduit Transcriptions, its affiliates and/or licensors may have under separate legal authority.

MODIFICATIONS TO WEB SITE 

Conduit Transcriptions reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice to you, without any liability to you or to any third party.

TERMINATION 

Conduit Transcriptions may in its sole discretion terminate these Terms of Use or suspend your account at any time without notice to you in the event that you breach (or Conduit Transcriptions reasonably suspects that you have breached) any provision of these Terms of Use. If Conduit Transcriptions terminates these Terms of Use, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you.

You understand and agree that your cancellation of your account is your sole right and remedy with respect to any dispute with Conduit Transcriptions.

CUSTOMER SUPPORT 

Please direct any questions concerning the Web Site and usage rights to Conduit Transcriptions Customer Care via email at customercare@conduitlanguage.com.

GOVERNING LAW 

The laws of the State of Kentucky, excluding its conflicts of law rules, govern these Terms of Use and your use of the Web Site. You expressly agree that the courts in the State of Kentucky have exclusive jurisdiction over any claim or dispute with Conduit Transcriptions or relating in any way to your account or your use of the Web Site. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in New York in connection with any such dispute including any claim involving Conduit Transcriptions or its business partners, parents, licensors and/or licensees, affiliates, subsidiaries, employees, contractors, officers, directors, or suppliers.

ENTIRE AGREEMENT 

These Terms of Use and any other terms or documents referred to herein represent your entire agreement with Conduit Transcriptions with respect to your use of the Web Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Language. The parties hereto confirm that it is their wish that this Agreement, as well as other documents relating hereto including notices, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents, y compris tout avis qui s'y rattache, soient rédigés en langue anglaise.

This Privacy Policy was last modified on September 30, 2007 and is effective immediately.

Copyright © 2007 Conduit Transcriptions, Inc. - All Rights Reserved.