Transcription Services

Terms and Conditions

This Agreement is made between THE TRANSCRIPTION SPOT from here known as “Vendor” and the customer from here known as “Client”:

1. Ownership of Material
Except as otherwise indicated, this website and its entire contents, including but not limited to, the text, information, material, software and
graphics (collectively the "Content") are owned and/or controlled by “Vendor.” This website and Content may not be copied, reproduced,
modified, published, uploaded, downloaded, posted, transmitted or distributed in any way without prior written permission. Also prohibited
are: modification of this Content or use of it for any commercial purpose, except as expressly permitted by established contractual
relationships between you and “Vendor.”

2. Copyright Notices
The information and Content on the website are protected under United States copyright laws. Everything in this website is copyrighted
unless otherwise noted and may not be used except as provided in these Terms & Conditions, or with the express written consent of “Vendor.”
“Vendor” neither warrants nor represents that use of the Content displayed on this website will not infringe rights of third parties. Any product,
service, program, or technology described on this web site may be the subject of other intellectual property rights (including but not limited
to copyright, trademark, service marks, trade name, tagline or patent rights) owned by “Vendor.” “Vendor” reserves any such right that is not
expressly licensed herein.

3. Trademark Notices
The trademarks, logos, taglines, and service marks (collectively the "Trademarks") displayed on this web site are registered and unregistered
trademarks of “Vendor.” Nothing contained on this site should be construed as granting by implication or otherwise any license or right to use
any trademark displayed on this site without the prior written permission of “Vendor.” Misuse of any Trademarks, or any other Content,
displayed on this site is prohibited.

4. Payment
“Client” agrees to pay “Vendor” in full upon delivery of transcript(s).

“Client” agrees and understands the rate charts on the Rates page at www.thetranscriptionspot,com. “Client” also agrees and understands
what falls under the category of “difficult audio” or “very difficult audio,” as described on the rates page. “Client” has read and understands
these charts and everything contained within the charts.

“Client” agrees that should they possess any other types of media other than electronic (digital) and need this media converted and/or
captured by representation of “Vendor,” “Client” will contact “Vendor” to discuss the varying rates for such by emailing
lisa@thetranscriptionspot.com or calling the number listed on the Contact page to discuss such rates for “other” types of media, such as
microcassettes, standard cassettes, DVDs or CDs.

“Client” also agrees to pay for any shipping charges incurred in mailing media for conversion/capturing. “Vendor” assumes no liability for
tapes lost to or from our premises or broken or damaged during the transcription process. “Vendor” advises “Client” to make copies of media to
be transported.

“Client” understands that failure to pay could result in prosecution for theft.

5. Recording Quality
“Vendor” reserves the right to charge higher rates due to poor audio or heavy accents or other circumstances. “Client” retains the right to
approve higher rates or “Client” may cancel the order. In the event “Client” cancels the order, payment is due for services provided up this
point or a cancellation fee of $15.00, whichever is higher. Such cancellation fee applies to each audio file or tape.

Should “Vendor” consider the audio of poor quality and “Client” considers the audio good quality, the vendor “Vendor” will contact “Client”
prior to undertaking the work to discuss the matter for possible upward revision of the rate by categorizing the audio as “poor” or “very poor.”

“Vendor” has the right to reject any audio they deem to be of such poor quality that:
a. It is not possible to transcribe more than 30% of the audio.
b. The project is above and beyond “Vendor” resources.

“Vendor” reserves the right to reject any project without assigning any reason.

6. Transcription Accuracy
“Vendor” guarantees a 98% accuracy rate. Should “Client” feel that any work performed by “Vendor” does not meet this accuracy rate,
“Client” should contact “Vendor” at lisa@thetranscriptionspot.com no later than two (2) weeks of receipt of transcript(s). “Client” accepts and
understands that no transcript is ever “perfect.” There are times when judgment calls must be made, “Client” understands this.

Should “Client” feel that the accuracy rate is below 98%, “Vendor” will work to correct the error(s) free of charge based upon prior mentioned
audio quality and return transcript(s) within (1) one week. Excluded are errors or omissions which were due to poor audio quality or accents.
“Client” understands and agrees refunds cannot be granted.

“Vendor” charges per minute of audio, not by page count, number of characters or words. This prevents unnecessary charges that many other
companies will employ. Any “part” of a minute at the end of an audio file will be rounded and added to the next minute.

Although “Vendor” does strive for 98% accuracy or better for audio that is considered “good”, “Client” agrees to release and hold harmless
“Vendor,” its officers and employees of any damages that might occur from the publication, quotation, distribution or public use of a
quotation from the transcript(s) that may contain a typographical or factual error or even those without error. “Client” agrees that it is his/her
responsibility to confirm the accuracy of a transcript(s) prior to information from transcript(s) being published or printed and will not list or
imply “Vendor,” its officers or any employees as defendant in any litigations.

7. Disclaimer and Limitation on Liability
The information, materials and functions contained within this web site, including text, graphics, links or other items are provided on an "AS
IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FREEDOM
FROM COMPUTER VIRUSES. THE TRANSCRIPTION SPOT does not warrant the adequacy, accuracy, reliability, timeliness, or
completeness of the information and Content included in this site or in third party sites linked to or from this site or that the functions
provided will be uninterrupted, timely or error-free. “Vendor” expressly disclaims any liability for any errors in or omissions from information,
content, and functions included in this website or any third party sites linked to this website. THE TRANSCRIPTION SPOT SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, OR EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF GOODWILL, HOWEVER ARISING, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

In no event will THE TRANSCRIPTION SPOT be liable (whether based in contract, tort, strict liability or otherwise) for any direct or indirect,
special, incidental, consequential or punitive damages or lost profits or lost savings arising in connection with use of this site (or any third
party site linked to or from this site), any technical, hardware, or software failure of any kind, any interruption in availability of this website,
any delay in operation or transmission, any incomplete or garbled transmission, any computer loss of data, or otherwise, even if THE
TRANSCRIPTION SPOT has been advised of the possibility of such damages or loss.

In the event a product or service is listed at an incorrect price due to typographical errors or errors in pricing information, THE
TRANSCRIPTION SPOT has the right to correct such errors before fulfilling any orders placed for products and/or services listed at the
incorrect price.

8. Disclaimer and Links to Third Party Sites
This web site may contain links to third party sites. These links are provided for convenience and informational purposes and are neither
under the control of “Vendor” nor is the Content of third party sites monitored by “Vendor.” “Vendor” is not responsible for the Content of any
site linked to this website and makes no representations or warranties, express or implied, regarding the Content of any of these linked sites.
These links do not constitute or imply an endorsement, authorization, sponsorship, or affiliation by “Vendor” with respect to any third party,
any third party's website, the Content of any third party's website, or any products or services provided by a third party. Connection to any
such linked site is at the customer's own risk. It is up to the customer to take precautions to ensure that whatever is selected for use is free of
such items as viruses, worms, Trojan horses and other items of a destructive nature.

9. Governing Law and Jurisdiction
The customer is responsible for compliance with applicable state laws, local laws and regulations. Access to and use of this website and the
Terms & Conditions of this site are governed by and interpreted in accordance with the laws of the State of Colorado without regard to
principles of conflicts of laws. Your usage of this site constitutes your consent to the exclusive jurisdiction and venue of the courts in
Colorado (state court) or the Judicial Circuit (federal court). Venue is limited to Colorado state courts for claims other than claims as to which
federal jurisdiction is exclusive. Further, usage of this site constitutes your consent to personal jurisdiction in the aforementioned jurisdictions.

9. Severability
If any part of these Terms & Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity
and enforceability of the remaining provisions.

11. Waiver of Rights
Any failure by “Vendor” to enforce any of its rights under these Terms & Conditions or applicable laws shall not constitute a waiver of such
right.

12. Changes to these Terms and Conditions
“Vendor” reserves the right to make changes or updates to these Terms & Conditions at any time without notice by updating this posting.
“Client” is bound by such revisions and should periodically visit this page to review the then current Terms & Conditions by which they are
governed.

13. Changes to Products and Services
“Vendor” may make improvements and/or changes in services or programs described at this web site at any time. As a convenience, notice of
such improvements and changes may be posted on this website. The failure to post notice will not affect the company’s right to make such
modifications and/or changes.

14. Export Control
United States and foreign export control laws regulate the export and re-export of technology originating in the United States and such
foreign countries. This site and its users are governed by these laws and regulations as applicable. Users shall not transfer, directly or
indirectly, by electronic transmission or otherwise, any Content or software from this website to or from any countries or foreign nationals in
violation of such laws or regulations.

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