Any work undertaken by Clear View Transcription is subject to the following Terms and Conditions:
By and between Clear View Transcription, a trading name of Clear View Support Ltd, a UK limited and the Customer.
By and between Clear View Transcription, a trading name of Clear View Support Ltd, a UK limited company, registered in England, with its registered number being 4946815 and its registered office being Office 9103, 141 Morden Road, Mitcham, CR4 4DG.
Reference herein to Customer shall be to a company, a business partnership, individual or sole trader to which Clear View Transcription directly provides its transcription services and where it is the recipient of any invoice resulting from services provided by Clear View Transcription.
The parties agree to the following, which shall apply during the term of this Customer Agreement. This Customer Agreement covers all products and services Customer has purchased or ordered, whether for its own use or for the use of its customers.
Provisions of service
Clear View Transcription retain the right to accept or decline any orders for transcription services. Clear View Transcription may at its discretion refuse to accept any order, or provide that acceptance be subject to such conditions as imposed by Clear View Transcription.
Supply of service
Clear View Transcription will always endeavour to supply full service but does not accept liability for Clear View Transcription failure to supply services caused by any external influences including acts of God, fire, governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond Clear View Transcription’s control. Clear View Transcription does not accept liability to Customer for direct or consequential economic loss (including loss of profit or business).
Clear View Transcription reserves the right to subcontract the Services to approved transcriptionists.
The supply of the Services shall be subject to these Terms and Conditions or/and the Transcription Quotation. All Quotations are valid for 28 days from their issue. A binding Contract shall come into force between Clear View Transcription and customer upon commencement of the transcription or upon verbal or written confirmation to commence the work or acceptance of our quotation.
These Terms and Conditions together with the Transcription Quotation constitute the whole agreement between Clear View Transcription and customer and supersede any prior promises, representations, undertakings or implications whether written or oral.
Clear View Transcription rate structure is per transcribed minute.
Clear View Transcription reserve the right to change prices quoted as deemed necessary due to changes in the specifications, quantities, legibility and/or quality of original or source material, delivery arrangements, unforeseen problems or other circumstances, including, but not limited to, illness, terms, conditions or circumstances that were not part of the original verbal or written quotation.
Changes to prices will only be levied where prior notification has been given by Clear View Transcription via electronic mail (email) and acceptance has been given by the Customer by return electronic mail (email).
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.
If Clear View Transcription 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 Clear View Transcription to the Client at the time of instruction to undertake such work. Hourly charges shall be calculated in blocks of 5 minutes.
Clear View Transcription provide work funded by a University or Government Organisation, a purchase order is needed prior to the start of work. A quote can be provided in order to generate a purchase order number. When the job is complete Clear View Transcription will amend invoice (if required) using the purchase order and send to the University or Government Organisation accounts department. Payment required within 30 days of final invoice delivery. For high volume work or ongoing monthly assignments an invoice will be issued fortnightly.
Clear View Transcription provide work funded by private organisations and individuals are required to pay 50% in advance. A quote with the estimate of the job will be provided, although may change due to the nature of the transcription. Payment balance required 7 days after final invoice delivery. For high volume work or ongoing monthly assignments an invoice will be issued weekly.
Overdue accounts will attract interest at 8% above Bank of England base rate in accordance with Late Payment of Commercial Debts (Interest) Act 1998, and charge £15.00 for each reminder that is sent after the due date. In the event of any cheque from Customer being refused by the bank, Customer will be responsible for all bank charges resulting from the returned cheque. Payments made via PayPal from foreign clients will be charged an additional 4% and credit/debit card payments will also incur an additional 4%.
If the Customer fails to make any payment in full when it becomes due then, without prejudice to any other right or remedy available to Clear View Transcription, Clear View Transcription shall be entitled to cancel any services and/or suspend any further services arranged for the Customer and terminate the Agreement between Clear View Transcription and Customer.
Should work be suspended at the request of the Customer, Clear View Transcription shall then be entitled to payment at the rate agreed in the quotation pro rata for work already carried out and materials specially ordered.
Once the booking has been received by Clear View Transcription, Clear View Transcription shall not be bound to accept the cancellation or suspension of the Services for whatever cause and the agreement by Clear View Transcription to any such cancellation or suspension shall be subject to Clear View Transcription 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. All deposits are non-refundable.
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 booking. 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.
Customer is able to assess the value of the materials provided for transcription and potential damage caused by errors in goods and services provided. Since Clear View Transcription is not in a position to make such an assessment of value or potential damage, Clear View Transcription’s liability to the Customer for any default or breach shall in no case exceed the invoice value of the goods and services provided. The Customer agrees that it is the Customers’ responsibility to check transcription work carefully and ensure that no such errors exist.
Errors if any by will be rectified free of charge if notified within 5 working days of receipt of completed work. Should any errors be found in the work, Clear View Transcription is liable maximum for the cost of the work only – no further liability is acknowledged.
Customer agrees to indemnify Clear View Transcription and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against Clear View Transcription by parties alleging any misuse by Customer and/or its customers of Clear View Transcription and for any infringement of intellectual property rights or other applicable legislation (including, but without limitation, legislation governing the provision of goods or financial (or other services)).
Clear View Transcription is not liable, nor do they guarantee or insure any tapes or CDs. The tapes or CDs remain the Customer’s responsibility and Clear View Transcription do not accept liability for any loss or damage, no matter how caused whilst the tapes or CDs are in the possession of Clear View Transcription, in transit, or whilst the Customer is transporting them.
The Customer shall be responsible for obtaining all necessary authority to reproduce text and any other material. A copy of such authorisation shall be provided by the Customer to Clear View Transcription on its request.
Clear View Transcription shall be indemnified by the Customer in respect of any claims, costs and expenses arising out of any libellous matter or any infringement of copyright, patent, design of or any other proprietary or personal rights contained in any material transcribed for the Customer.
Clear View Transcription understands to keep the Customers confidential information strictly confidential and not use, reproduce or record in any medium or form any of the Customers confidential information except to the extent that it is strictly necessary for the proper purposes of this Agreement. Clear View Transcription will not disclose the Customers confidential information to any Third Party.
If required, a Confidentiality Agreement will be forwarded on request, either provided by Clear View Transcription or supplied by the Customer and signed by Clear View Transcription.
All disputes arising out of or in connection with this Agreement shall be referred in the first instance to nominated executives from each of the parties who have authority to conclude a settlement and where possible those executives should be at a higher level of management than the individuals with day-to-day responsibility for this Agreement.
This Agreement shall be subject to and construed and interpreted in accordance with United Kingdom law and shall be subject to the exclusive jurisdiction of the courts of United Kingdom.