Confidentiality
1.Confidential information regarding your audio files refers to any data or information relating to the business of the Client which would reasonably be considered to be proprietary to the Client including, but not limited to, accounting records, business processes, and Client record and that is not generally known in the industry of the Client and where the release of that confidential information could reasonably be expected to cause harm to the Client.
2.JML agrees that they will not disclose, divulge, review, report or use, for any purpose, any confidential information which JML has obtained, except as authorized by the Client or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive in definitely upon termination of this Agreement.
3.All written and oral information and material disclosed or provid- ed by the Client to JML under this Agreement is confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided to JML.
Ownership of intellectual property
All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or ap- plications for registration, and rights to any patio, copyright, trademark, trade dress, industrial design and trade name (the “ intellectual property“) that is developed or produced under this Agreement, will be the sole property of the Client. The use of the intellectual property by the Client will not be restricted any manner.
4.JML may not use the intellectual property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. JML will be responsible for any and all damages resulting from an authorized use of the intellectual property.
Liability
JML Transcription is not responsible or liable for any failure with regard to any audio or video recordings conducted virtually or in-person. If audio or video recordings are sent to us for transcribing, we are not liable for inaccuracies within the transcript if the audio or video has poor quality. This may affect meeting deadlines discussed prior to transcribing the files. We are not liable Legally or in any other form.
Compensation
JML will charge the Client for the services as follows for services included but not limited to: Court Reporting services, Transcription of your audio file and translation services.
a. Transcription services will be paid based on the number of pages required to complete the job. In some cases transcription will be billed per job but a client will be notified before work is started if this is the case. Please contact customer service by email for any rate inquiries.
5. The Client acknowledges that applicable taxes will be applied to services provided and shall be paid to JML.
6. Invoices submitted by JML out to the Client are do within 15 days of receipt.
7. Cancellation: JML Transcription has reserved facilities and court reporters as outlined in email correspondence or contracts between JML Transcription and the client. Should the client cancel this agreement, the client will be responsible for the following fees:
2 business days prior to the start time of the booking 100% of estimated costs and fees for the facility and court reporter. 8 hour charge unless a half day booked than the 4 hour minimum applies. If the booking is more than 1 day, we reserve the right to charge 2 days of cancellation fees.
*Please note, If we book our court reporter and the booking is cancelled the same day, we reserve the right to charge our 4 hour minimum and setup fee*
**Interpreter/translator bookings need 1 week cancellation to avoid fees of the total amount of the cost quoted.
8. JML Transcription has a four hour minimum requirement fee. If the duration of the discovery is less than four hours we still charge our four our minimum fee. If the client books our services, we reserve the right to bill 8 hours if the duration of the discovery is less than 8 hours.
*Deposits are non-refundable after work has been started on the file* If we download an audio and it does not work for any reason that is beyond our control, that would be considered starting work on a file.
*In rare instances, a transcriptionist/court reporter etc…may not be able to complete a file after it has been ordered/started. In such cases, we agree to notify the ordering party(ies) as soon as possible and refund any deposit paid (if a deposit was paid). JML Transcription Inc. will try to find a suitable replacement but if one can’t be found, JML Transcription will not be held liable for any costs associated with not completing the file.
*US clients will receive invoices in USD*
*In order to certify a given transcript. Words we are transcribing must be audible to the transcriber. The transcriber can only transcribe what they hear* We are not held responsible for bad audio quality from discoveries done through video conference. We will do our best to transcribe what we hear, technology can fail or witnesses can be lower and as a result it will take longer to complete the transcript as we will have to enhance the audio. Our normal turnaround time will be longer depending on the audio quality of the recording. If we complete the transcript and it’s late, we reserve the right to charge the client for the work we have completed.
*JML Transcription Inc is not obliged to provide any audio or video recordings unless agreed upon in writing at the time of booking and the person requesting the audio and/video has written consent from all parties involved. If a recording is requested after an examination, hearing discovery or any other type of booking JML Transcription Inc has a right to refuse to provide the audio recording or to request a fee of $500 per recording the estimate of the transcription cost (whichever is greater) which must be paid in full prior to the request being put in. Recordings can take 72 hours ( business hours Monday to Friday and not including holidays) to be sent from the time payment is received in full.