Terms and Conditions
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 applications 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 is not in any way responsible or liable for any failure that arises due to the use of any equipment and/or program used to record any audio or video whether the examination is done virtually or in-person or whether the failure is due to human error. If there is a failure of equipment or human error JML agrees to redo the services outlined in the booking again at no additional cost but will in no way be held responsible by the booking party, their client or anyone else whether related directly or indirectly to the matter.
If audio or video recordings are sent to JML to be transcribed, we are not liable in any way to meet any deadlines if the audio or videos are of poor quality. Accuracy of the transcription also depends on the quality of the file. JML has a right to refuse a file or to stop working on a file if it is poor quality and shall be compensated for any work done.
Please note that “rush” or “expedited transcripts” may not always be possible. Please inquire before a booking is confirmed if a transcript will be needed on aa rush or expedited basis.
If a transcript must be ordered from a courthouse, we are not responsible for any delays caused by ordering the transcript.
Compensation
JML will charge the Client,booking party for the services booked which may include but are not limited to Court Reporting services which also may include boardroom costs, AV costs, transcription of audio or video files, translation services. Transcription services are a separate cost from court reporting services and shall be billed separately. Booking court reporting services does not include the transact cost unless agreed to in writing.
a. Transcription services are calculated based on a per page rate for the number of pages required to complete the job. In some instances transcription will be billed as a per job price (flat fee) but this must be discussed and agreed upon in writing before work is started. If a flat fee price is not discussed in writing beforehand, a per page rate will apply. Applicable taxes are never included in a quote but will be applied to the final price.
5. The Client acknowledges and agrees to pay all applicable taxes that will be applied to any and all services and or products provided by JML.
6. Invoices submitted by JML are due within 15 days of receipt. After 15 days interest may be applied to all invoices.
7. Cancellation Policy: JML has reserved facilities and court reporters as outlined in email correspondence or contracts between JML and the client/booking person. Should the client/booking person want to cancel and or rescchedule the agreement and/or booking, the client/booking person will be responsible for the following:
Cancellation and rescheduling must be done a minimum of 2 (two) business days prior to the start time of the booking to avoid a 100% of estimated costs and fees for the facility (if applicable) and court reporter. A full day rate of 8 hours will be charged unless a half day was booked in which a 4 hour minimum applies. If the booking is for several days (more than 1), we reserve the right to charge a maximum of 2 days of cancellation fees.
*Please note: If we book our court reporter and or services and the booking is cancelled the same day, we reserve the right to charge either our 8 hour or 4 hour minimum and setup fee*
**Bookings that require an interpreter/translator bookings require a 5 business day notice for any cancellations and/or rescheduling to avoid fees of the total amount of the cost.
Any deposits paid to JML are non refundable with the exception of a specified written contract.
8. JML has a four hour minimum requirement fee. If the duration of the discovery is less than four hours and a half day is booked, we reserve the right to charge 4 hours. If the client books our services fr the full day or does not mention a half day, we reserve the right to bill 8 hours even if the duration of the discovery is less than 8 hours.
*Any deposits paid 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 circumstances, a transcriptionist/court reporter may not be able to complete a file for any number of reasons after it has been ordered/started. In such cases, we agree to notify the ordering party(ies) or people invoiced din the ordering process as soon as possible and refund any deposit that may have been paid. JML. will try to find a suitable replacement t finish the transcription/job but if one can’t be found, JML shall not be held liable for any costs associated with not completing the file.
*Bookings made by or for clients of the USA will be billed and must pay in USD*
*In order to certify a transcript the audio we are transcribing must be audible to the transcriber/court reporter/person transcribing the file. Background noise, poor audio quality, low speaking speaker, people speaking over each other etc..may affect the accuracy of the transcript. We are not held responsible for bad audio quality from discoveries done through video conference and or in person. We will do our best to transcribe what is heard, but technology/equipment can fail which is out of our control. In cases where audio quality id poor our normal turnaround times will be longer. Any additional fee may also apply o poor audio quality files. If we complete the transcript and it’s late because of poor audio or any other reason, we reserve the right to charge the client for the work that has been completed.
*JML is not in any way obliged to provide any audio or video recordings unless it is agreed upon in writing at the time of booking and only if the person requesting the audio and/or video has written consent (which must be be provided to us) from all parties involved. If a recording is only requested after an examination, hearing, discovery or any other type of booking made JML has the right to refuse to provide the recording whether it is audio or video or it has the right to request a fee of $500 per recording or the estimated cost of the transcription (whichever is greater) which must be paid in full prior to the request. Recordings can take 72 hours (business hours Monday to Friday not including holidays) to be sent from the time payment is received in full.
