Terms and Conditions
Use of Excel Transcriptions Inc’s (the COMPANY) services constitutes an express acknowledgement and acceptance of the Company’s standard limitation of liability terms and conditions (“the Terms”). By accessing, using, placing orders and/or requiring transcription and other services in any manner whatsoever from the Company, you agree on your own behalf and on behalf of each and every legal entity and/or person(s) on whose behalf you act, represent and/or seek to contract (‘the client(s)) to accept, honor and abide by the Terms which include, but are not limited to, an express acknowledgment that:
i. the client(s) requires the COMPANY’S skills and expertise, making use of the relevant personnel and service providers, to provide transcription and other services;
ii. the client(s) 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 in respect of which transcription and other contracted services have been sought from the COMPANY;
iii. the client(s) undertakes to defend, indemnify and hold harmless the COMPANY against any claim(s), action(s), loss or damage arising from any infringement of copyright in the recordings and transcription source.
iv. In the event of any client(s) suffering damage or loss as a direct result of the publication or dissemination of any confidential or protected information by any personnel or service provider then the maximum extent of the COMPANY’S liability, if any, will be limited to an amount equal to twice the quoted value of the transcription or other service;
v. the COMPANY and the client(s) agree that clients residing within the territory of the United States of America will be subject to the laws and Courts of the State of Illinois.
vi. In the event of conflict between these terms and conditions and other terms and conditions or agreements signed by the COMPANY, these terms and conditions shall take precedence.
vii. the following words herein have the following meaning assigned to them:-
1.1 “recordings and transcription source” means any correspondence, documentation, literary, artistic or musical work, sound or other audio recording or broadcasts, program carrying signals, computer programs, or any other work, program, recording whether protected by copyright or not;
1.2 “confidential or protected information” means any confidential or private materials, correspondence, documentation, advice, information, know-how, record or other sensitive knowledge or information arising from the recordings and transcription source and obtained, accessed or received by the COMPANY, the personnel and service providers which, but for the association between the client(s) and COMPANY would not ordinarily be available to the personnel and service providers;
1.3 “personnel and service providers” means and refers to any/all directors, officials, employees, typists, independent contractors and temporary typists associated with or engaged by the COMPANY in terms of an agreement;
1.4 “quoted value of a transcription or other service” means the value which the COMPANY and the client agree as being the fee payable to the COMPANY to in respect of any transcription or other services;
The Company reserves the right to change the Terms at any time by posting such changes online. It is the client(s) responsibility to refer to, familiarize itself with and comply with all the Terms and any other terms and conditions as agreed to between the parties. The client(s) continued use of this site after changes are posted constitutes an express acceptance of these Terms and any other conditions as modified.