The Terms of Service constitute a legal binding agreement between TransWriter, and you, the user of its website and the transcription, language and translation services offered therefrom, including any entity such you represent or are acting on behalf of (hereafter, the “Client”).
The Website and the Services
TransWriter offers and maintains the Website to provide transcription, video captioning, translation and other related document services.
User Content Transmitted Through the Service
TransWriter acknowledges that because of its relationship with Client, it may have access to certain information and materials contained in Source Materials in relation to the Client’s business, products, services, clients and marketing strategies that are confidential and of substantial value to the Client (“Confidential Information”). TransWriter undertakes not to use in any way for its own account nor for the account of any third party, nor disclose to any third party such Confidential Information revealed to it by Client unless and until required as a matter of law or by court order or other legal process to do so or such information passes into the public domain.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to TransWriter are non-confidential and TransWriter will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
TransWriter will not, without your prior consent, disclose to any third party your Confidential Information, other than furnishing such Confidential Information to our directors, officers, employees, agents, consultants, contractors, representatives or affiliated entities (collectively, “Associated Persons”) who need to have access to such Confidential Information in connection with the Permitted Purpose.
As we value confidentiality very much, the transcribers at TransWriter must sign a non-disclosure agreement so that our clients could be sure of the safety of their documents. Additionally, if there is a need, the transcriptionists sign additional NDAs when working with specific documents or content if this is required by the customers. If you need an additional NDA, simply contact us and let us know.
We take a lot of steps to ensure the best security of our customers’ files. For example, we keep the files only on our own servers, meaning that they cannot be acquired by outsiders. Your information is a bit like keeping it in a locked safe.
We encrypt the files while sending them over the Internet using 2048-bit encryption.
How secure is 256 bit SSL encryption?
256-bit encryption is a data/file encryption technique that uses a 256-bit key to encrypt and decrypt data or files. It is one of the most secure encryption methods after 128- and 192-bit encryption, and is used in most modern encryption algorithms, protocols and technologies including AES and SSL.
Fees and Payment
By engaging TransWriter, Client agrees to pay for any and all language services performed by TransWriter (the “Work”) on Client’s behalf associated with audio material submitted by Client (“Source Material”).
Client acknowledges his/her/its review of the rates on TransWriter’s website for its services and agrees to pay for the Work performed by TransWriter promptly and in full.
Client is fully aware and agrees that it is responsible for an accurate and truthful description of the content of its Source Material.
Regardless of Client’s description of the Source Material and in the event its description is inaccurate, the appropriate classification below will apply for all purposes hereunder, including rates.
If TransWriter determines that its classification of any Source Material is different than the Client’s, it will notify the Client before proceeding with the Work.
For transcription, Client agrees and understands that pricing is based on the number of speakers in an audio file or source. Client also agrees and understands that audio variables may increase the price. Client also agrees and understands that the level of turnaround time may or may not impact the cost.
For translation, Client agrees and understands that pricing is based on the number of words in the Source Material. Client also agrees and understands that variables may increase the price. TransWriter will notify Client of any increased costs as it relates to price, time, or completion of a project.
Client acknowledges and understands that no transcript or translation is ever “perfect.” Judgment calls must be made on punctuation, spellings, grammar, etc. Furthermore, often the spoken word consists of run-on sentences and other grammatically incorrect language. TransWriter does not correct grammar or proof-read transcribed material – it only transcribes what is on the Source Materials. If its accuracy rate is indeed below 99%, TransWriter will correct the mistakes free of charge. All Source Materials are subject to TransWriter’s acceptance, which it may exercise in its sole and absolute discretion.
Client acknowledges that TransWriter bills per minute of recorded audio for transcription and not on page count, number of characters, or work hours. Client agrees to pay the rates prevailing at the time the Work is requested as set forth in the Rates section of TransWriter’s website.
TransWriter guarantees a 99% accuracy rate or higher for properly recorded audio. Any Source Material should be clearly recorded in a controlled environment (preferably professionally) with one person either talking or interviewing one subject with minimal background noise interference and no media noise or defects. The format must be recorded digitally.
Client understands that poor duplication procedures can lead to degradation of the original Source Material and could result in a higher price, depending on the degree of degradation. While TransWriter does its best to create the most accurate transcript possible regardless of the quality of audio, client should be aware that any audio that does not meet the previous criteria may impact the quality of the transcript and cause it to drop below the 99% accuracy rate. If for some reason, the client is not satisfied with his/her/its transcript and thinks it falls below the 99% accuracy rate and it was properly recorded audio, client has one full month to notify TransWriter so that it can examine the discrepancy.
Please note: TransWriter 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 TransWriter has been advised of the possibility of such damages. If Client is dissatisfied with the Work, Client’s sole and exclusive option is to have TransWriter correct mistakes in the Work. TransWriter’s sole liability for any Claim or loss, damage or expense from any cause whatsoever arising out of or related to this agreement, the Work or any Source Materials, shall in no event exceed sums actually paid to TransWriter by Client. TransWriter 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 Work.
TransWriter does not delete finished transcripts from their servers, unless the Client deletes the files himself. Audio files are deleted 7 days after completing the transcript. TransWriter is not an archival service and should not be viewed or otherwise considered by Client as a storage service for Client. Client acknowledges and understands that he/she/it is solely responsible for storing all original audio, documents, and finished transcripts, translations, subtitling files, or any other product generated by TransWriter.
Client acknowledges that checking the box, “I agree that I have read and will abide by the Terms of Service agreement listed on this site” creates a complete and binding agreement between Client and TransWriter and binds Client to the terms of service listed in this document in which all prior or contemporaneous agreements are merged. During the Term of this agreement, each instance of provision of services hereunder shall be subject to these Terms of Service. TransWriter reserves the right to make changes to this Terms of Service agreement from time-to-time. Any such modifications made to it can be found on the current TransWriter website. This agreement is not assignable by either party. To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement will not be affected thereby and will remain in full force and effect. All indemnifications and limitations on liability will survive any termination or expiration of this agreement. This agreement and any Claim related directly or indirectly to this agreement shall be governed and construed in accordance with the laws of the State of California (without giving regard to the conflicts of law provisions thereof). No such Claim shall be commenced, prosecuted or continued in any forum other than the courts of the State of California located in the County of Los Angeles or in the United States District Court for the Central District of California, and each of the parties hereby submits to the jurisdiction of such courts. Each of the parties hereby waives on behalf of itself and its successors and assigns any and all right to argue in any legal action that this choice of forum provision is or has become unreasonable.