Terms and Conditions
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 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 the 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 verbal utterance, both words and non-words.
You – means the organisation/individual nominated in the Contact Details section of the Order Form.
2. Order and Payment Process
2.1 If requested by You, Transcript Divas Australia will provide a quote either online, verbally or in writing.
2.2 Transcript Divas Australia’s Quotes are based on assumptions (some of which You may have provided to Transcript Divas Australia) including but not limited to the duration of the recording, the clarity of the audio, the recording specifications and any other relevant factors that can affect the ability or time to taken to complete a project. You acknowledge and accept that
(i) There are variables at the time the Quote is given that cannot be confirmed;
(ii) Transcript Divas Australia reserve the right to charge based on the actual services provided. this may be less or more than the quote provided.
(iii) Transcript Divas Australia will do all things reasonably necessary to provide an accurate Quote.
2.3 You must complete the order form online (or provide the same information via 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 for yourself, or 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 the authority and capacity to enter into these Terms and Conditions.
3.2. Transcript Divas Australia warrants, that they will comply with key Australian Data Protection legislation. The Privacy Act 1988 (Privacy Act) which includes the 13 Australian Privacy Principles (APPs), which apply to some private sector organisations, as well as most Australian Government agencies. These are commonly collectively referred to as the ‘APP entities’. The Privacy Act also regulates the privacy component of the consumer credit reporting system, tax file numbers, and health and medical research.
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 if there is not provision already made for poor audio quality 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. Late Payment Fees
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 in line with Australian government regulators, ASIC, for late payments that are up to one month late— a $79 late fee, more than one month late — a $329 late fee. See: http://www.asic.gov.au/asic/asic.nsf/byheadline/Annual+statements+and+late+fees?openDocument
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. Canceled 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. That email must be confirmed by Transcript Divas Australia.
10. Transcript Style
10.1. All Transcripts prepared by Transcript Divas Australia will follow the Standard Transcript Divas style and/or template uploaded via the order form by the Client at the time of ordering. Transcript Divas Australia reserves the right to charge additional fees for “Tailored” style/templates.
10.2. If no Transcript style is specifically requested in an Order Form, any Transcripts requested in that Order Form will be prepared by Transcript Divas Australia in the standard Transcript style preferred by Transcript Divas Australia.
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).
13.1 Transcript Divas Australia will use its best endeavors to produce an accurate Transcript.
13.2 Transcript accuracy is dependent on audio quality.
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 a 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 a 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.
15.1 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 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; resupply 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.
16.1. You indemnify Transcript Divas Australia (and hold Transcript Divas Australia harmless) against any loss, injury or damage (including any legal costs or expenses incurred) incurred by Transcript Divas Australia directly or indirectly as a consequence of any breach by You of these terms and conditions, including for any claims made against Transcript Divas Australia by any third parties for breach of copyright or other intellectual property rights, where such claims arise from or are related to Your use of the Transcript in any way not specifically authorised by this Agreement.
16.2. It is not necessary for Transcript Divas Australia to make any payment before enforcing the right of indemnity conferred by subclause 12.1
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. All legislation which varies prevents or prejudicially affects the exercise by Transcript Divas Australia of any right, power or remedy conferred upon it under this Agreement to the extent permitted by law is excluded.
17.3. A right in favour of Transcript Divas Australia under this Agreement, subject to any express provision of this Agreement to the contrary, may be waived prospectively or retrospectively by writing signed by Transcript Divas Australia. No other act, omission or delay will constitute a waiver of a right.
17.4. A single or partial exercise or waiver by Transcript Divas Australia of any right relating to this Agreement will not prevent any other exercise of that right or the exercise of any other right.
17.5. The rights and remedies provided under this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
17.6. If any provision of this Agreement shall be or be determined to be illegal, invalid, void or voidable the legality or validity of the remainder of this Agreement will not be affected and will continue in full force and effect.
17.7. You cannot assign Your rights and obligations under this document.
17.8. Apart from any Confidentiality Agreement / NDA between the parties, 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.
17.9. 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.
17.10. 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.
17.11. 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 the power of that party.
17.12 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.
17.13 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.
17.14 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.
17.15 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.
17.16 We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on the Transcript Divas Australia Website. Your continued submission of an Order Form will represent an agreement by You to be bound by the terms and conditions as amended.
17.17 Any term appearing on an Order Form and Quote Form which is not drafted by Transcript Divas Australia is expressly excluded.