Terms of Service: Court Transcription Services.

1. Definitions

Australian Law – means any statute or other legislative provision, any common law or rule of equity or either of the above.

Claim – means a representation by You that our product is not of an acceptable quality. It does not include a claim for loss or damage.

Client Recording – means a recording or words undertaken or prepared by You or provided by You to Transcript Divas Australia for the purposes of provision of services.

Order – means any specific order placed by you for particular services.

Order Form – means the website order form completed by You seeking services.

Pre-Recorded Transcription – means transcript prepared by Transcript Divas Australia of a recording provided by You or a third party.

Estimate of Cost – means an estimation of the likely charges payable by You to Transcript Divas Australia for services based on any, all or a combination of output produced (e.g. number of pages or words, hours in attendance or charges received) which basis will be expressed as the Estimate of Cost.

Transcript Divas Australia – means Andrew Dodson T/A Transcript Divas Australia ABN 44 925 005 362

Transcript – means the product of the Pre-recorded Transcription, Record and Transcribe or Real-time Writer.

Services – means Pre-recorded transcription, Recording Services, Record and Transcribe or Real-Time Writer.

Verbatim – every utterance is typed.

You – means the organisation/individual nominated in the Contact Details section of the Order Form.

1.1 Interpretation

Unless the context otherwise requires:
(a) a reference to any legislation or legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under that legislation or legislative provision;

(b) the singular includes the plural and vice versa;

(c) a reference to an individual or person includes a corporation, partnership, joint venture, association, authority, trust, state or government and vice versa;

(d) a reference to any gender includes all genders;

(e) a reference to a recital, clause, schedule, annexure or exhibit is to a recital, clause, schedule annexure or exhibit of or to these Terms and Conditions;

(f) any reference to “$” is to the lawful currency for the time being of the Commonwealth of Australia;

(g) a recital, schedule, annexure or a description of the parties forms part of this Terms and Conditions;

(h) a reference to any agreement or document is to that agreement or document (and, where applicable, any of its provisions) as amended, notated, supplemented or replaced from time to time;

(i) a reference to any party to these Terms and Conditions or any other document or arrangement includes that party’s executors, administrators, substitutes, successors or permitted assigns;

(j) a covenant on the part of two or more persons binds them jointly and each of them severally;

(k) where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning; and

(l) a reference to any professional body, association or institute includes any succeeding body, association or institute serving similar objects.

1.2 Headings

In these Terms and Conditions, headings are for convenience of reference only and do not affect interpretation.

2. Order and Payment Process

Estimate of Cost

2.1 If requested by You, Transcript Divas Australia will provide an estimate of cost either online, verbally or in writing.

2.2 Transcript Divas Australia’s Estimate of Cost is based on assumptions (some of which You may have given to Transcript Divas Australia) including but not limited to the duration of the recording, the number of pages/words produced per hour of recording, the quality of the audio and any other relevant factors. You acknowledge and accept that
(i) There are variables at the time the Estimate of Cost is given that cannot be confirmed;
(ii) The Estimate of Cost is not fixed and Transcript Divas Australia reserve the right to charge based on the actual or Services provided, which can vary.
(iii) Transcript Divas Australia will do all things reasonably necessary to provide an accurate Estimate of Cost.

Ordering Process

2.3 You must complete the order form online ( or provide the same information via post, fax or email).

2.4 Upon email confirmation of your Order by Transcript Divas Australia You agree to be bound by these Terms and Conditions.

2.5 You acknowledge and warrant that you are placing this request on behalf of your firm/company and you are authorised to do so and do so in the capacity as a principal and not in any capacity as an agent.

2.6 Transcript Divas Australia is providing goods and services to you on the essential condition that Transcript Divas Australia is providing them to you as the principal and not to you as an agent.

2.7 You agree to pay all of Transcript Divas Australia’s fees for providing the Services in the manner provided herein. The Balance must be paid to Transcript Divas Australia within 14 days of receipt by You of a Tax Invoice for the services provided.

3. General Warranties

3.1 That You have capacity to enter into these Terms and Conditions.

3.2 That none of the events referred to in clause 2.25 (c) (d) or (e) apply to you.

3.3 You will advise us of any of the events referred to above apply to you.

4. Audio Quality

4.1 Where the Transcript is to be produced from a recording provided by You, You acknowledge that Transcript Divas Australia’s fees assume that the entire recording can be clearly and easily heard by the transcriptionist.

4.2 If any part of any recording is poor quality audio, Transcript Divas Australia reserves the right to charge additional fees for producing the Transcript. In this event Transcript Divas Australia will notify you as soon as practicable after it becomes apparent to Transcript Divas Australia that additional charges will be applicable.

4.3 Transcript Divas Australia will notify You of the estimate of additional charges for the Services. Upon written or verbal confirmation from You to Transcript Divas Australia accepting the additional charges Transcript Divas Australia will proceed to provide the Services. You acknowledge that poor audio quality often leads to more “unintelligible” speech compared to clear recordings despite any extra effort and time spent on deciphering unclear recordings.

4.4 Any additional charges notified in accordance with clause 4.2, if provided, and will be paid for in accordance with Clause 2 hereof by You.

5. Goods and Services Tax (GST)

5.1 You will be liable for any goods and services tax payable on any supply to You by Transcript Divas Australia.

6. Non-payment Generally

6.1 If You are in breach of Your obligations to pay the charges for the Services or any other obligations under these Terms and Conditions:
(a) Transcript Divas Australia may refuse to provide further Services;
(b) Transcript Divas Australia may take whatever action appropriate for the recovery of any amounts remaining unpaid or return of the Transcript.

7. Interest and Costs

7.1 If You do not make payment of any charges in accordance with these Terms and Conditions, Transcript Divas Australia will be entitled to charge interest on any amounts outstanding at the rate of 18.5% annually, calculated daily on all outstanding monies including interest not paid but due.

7.2 You must pay Transcript Divas Australia’s legal costs (on a solicitor and own client basis), the cost of all of Transcript Divas Australia’s consultants and all other costs for or arising from any non payment within the agreed 14 days by You under these Terms and Conditions.

7.3 Should any duty or impost be imposed by any State or Federal government on these Terms and Conditions You must pay all such duty or impost.

8. Receipt of Order

8.1 Your order is considered confirmed when Transcript Divas Australia confirm an order via email.

9. Cancelled Orders

9.1 If after confirmation of an Order placed by You, You notify Transcript Divas Australia that You wish to cancel such Order You must pay to Transcript Divas Australia reasonable fees and charges for the Services provided to that point in time including but not limited to all work completed up to and including the cancellation time including time and materials used or specially acquired to complete the Order.

9.2 Any cancellation of an Order must be via email.

10. Transcript Style

10.1 All Transcripts prepared by Transcript Divas Australia will be prepared where false starts, stuttering and speech anomalies may be removed unless a Verbatim Transcript is specifically requested.

11. Intellectual Property

11.1 Unless the copyright is owned by a court, commission, or tribunal, Transcript Divas Australia will transfer to you the copyright of any Transcript prepared.

12. Turnaround Times

12.1 Transcript Divas Australia undertakes to use its best endeavours to prepare and deliver the Transcript in accordance with the turnaround time requested.

12.2 You agree that Transcript Divas Australia will not be liable for any loss, damage or injury suffered by you or anyone else directly or indirectly as a consequence of Transcript Divas Australia’s late or non-delivery of goods or services due to any force majeure (something arising outside of the control of Transcript Divas Australia).

13. Quality

13.1 Transcript Divas Australia will use its best endeavours to produce an accurate Transcript.

13.2 Transcript production is dependent on audio quality.

14. Claims

14.1 You must inspect Transcript supplied by Transcript Divas Australia within 14 days from delivery.

14.2 Any claims against Transcript Divas Australia must be in writing within fourteen (14) days. Claims after 14 days will not be accepted. Claims are to be made in writing to:

Transcript Divas Australia
14/365-377 Kent St, Sydney NSW 2000, Australia.

14.3 Dispute Resolution (Negotiation/Mediation/Arbitration). In the event of any controversy or claim arising out of or relating to this agreement, or the breach thereof, the parties hereto shall enter into negotiation with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 7 days, then either party may, by notice to the other party and an online based recognised mediator, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. If settlement is not reached within 7 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by a recognised mediator. The number of arbitrators shall be one, the place of arbitration shall be Sydney (Australia). The language(s) of the arbitration shall be English.

15. Release

15.1 You agree that Transcript Divas Australia is not liable for any loss, damage or injury sustained by You or any other party as a consequence of relying on or use of the Transcript, unless liability is specifically a requirement of an Australian law.

15.2 To the extent possible You agree that any implied warranty under any Australian Law is expressly negatived in these Terms and Conditions.

15.3 If liability arises under Australian Law, you agree that at the election of Transcript Divas Australia, we can replace the goods or the supply of equivalent goods; re- supply the services or the supply of equivalent services; or compensate you financially for the cost of the goods or services.

15.4 Any liability or right to compensation is limited to the value of the Services invoiced in respect of any relevant Order.

16. Indemnity

16.1 You indemnify Transcript Divas Australia against any loss, injury or damage incurred by Transcript Divas Australia directly or indirectly as a consequence of any breach by you of these Terms and Conditions or the improper use of any Transcript.

17. General

17.1 These Terms and Conditions are governed by the law in force in New South Wales Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales Australia and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts including, without limitation, by claiming that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction.

17.2 The agreement constituted by these Terms and Conditions constitutes the entire agreement of the parties about its subject matter and supersedes all previous agreements, understandings and negotiations on that subject matter.

17.3 Each party acknowledges that it has not been induced to enter into these Terms and Conditions by any promise or representation, warranty or undertaking given or made by another party unless such promise, representation, warranty or undertaking is contained in these Terms and Conditions.

17.4 An agreement, representation or warranty on the part of or in favour of two or more persons binds or is for the benefit of them jointly and severally.

17.5 Each party warrants for itself that it has full power and authority to enter into these Terms and Conditions and that party has been duly authorised and represents a proper exercise of power of that party.

17.6 Each party warrants for itself that it has full power and authority to enter into these Terms and Conditions and that party has been duly authorised and represents a proper exercise of power of that party.

17.7 Each representation, covenant and obligation under these Terms and Conditions shall continue in full force and effect until such representation, obligation or covenant is satisfied or completed.

17.8 In the interpretation of these Terms and Conditions no rules of construction shall apply to the disadvantage of one party on the basis that that party put forward the deed or any part thereof.

17.9 The illegality, invalidity or unenforceability of any provision of these Terms and Conditions shall not affect the legality, validity or enforceability of any other provision or part provision of these Terms and Conditions and any provision or part provision of these Terms and Conditions which is illegal, invalid or unenforceable shall be severed from the remainder of these Terms and Conditions.

17.10 These Terms and Conditions shall bind the parties, their respective related companies and any executor, administrator, receiver, liquidator, trustee in bankruptcy, heir, successor or permitted assign thereof.