Terms of Service

Agreement

Upon submitting a request for service from Blue Transcription, you agree to the following:

The terms and conditions of this document form a legally binding agreement between you, the client (hereinafter “Client”) and Blue Transcription in relation to your use of any and all services provided by Blue Transcription. This legal agreement is referred to below as the “Terms of Service.”

This agreement commences as of the date of the first submittal of work to Blue Transcription from the Client. In the event that Client requests a quote or estimate online, Client agrees that by checking the “Consent” box with regards to the “Yes, I have read and agree to be bound by the privacy policy and terms of service” portion of the online form that Client shall be bound by the privacy policy and terms of service document.

Rates, Payments and Billing

By engaging Blue Transcription, Client agrees to pay for any and all services performed by Blue Transcription on Client’s behalf associated with material submitted by Client (“Source Material”). Client acknowledges their review of the rates on Blue Transcription’s website for its services and agrees to make full payment for the work performed by Blue Transcription at the time the Source Material is submitted.

Blue Transcription has a no refund, no cancellation policy. Once an estimate is agreed to and Source Material is uploaded, the client is responsible for paying the full amount of the order.

Client acknowledges that Blue Transcription bills per minute of recorded audio for transcription, not by page count, number of characters or words. Any additional seconds that exceed fifteen (15) seconds are billed as one (1) minute. Client agrees and understands that pricing is also based on other variables, such as timestamps, audio quality, speaker tracking, number of speakers, strict verbatim, turnaround time, et cetera.

Client is fully aware and agrees that it is responsible for an accurate and truthful description of the content of its Source Material. Regardless of Client’s description of the Source Material and in the event its description is inaccurate, the appropriate classification and rates will be applied, and client will be responsible for paying further amounts due before their transcript is delivered. In the event that Blue Transcription determines that Client’s description is inaccurate, it will notify the Client of any further charges before proceeding with any further work. All further charges are required to be paid before delivery of the completed work to the Client.

When sending Source Materials for transcription, the Client attests that they have listened to their own Source Materials and confirmed exactly what should or should not be transcribed. Client shall be responsible for the transcription costs irrespective of the duplication or error on part of the Client.

Should Client’s account become delinquent, Client agrees to pay any late charges and pay all fees and costs incurred by Blue Transcription in the process of collecting the monies owed, including without limitation, attorney’s fees and court costs. Client, by submitting Source Material for transcription, attests to financial responsibility and acknowledges reading and agreeing to all terms of this document.

Agreement to these Terms of Service hereby authorizes Blue Transcription to charge the credit card on file for services rendered. In the event that the Client repudiates the charges with the credit card company, or the Client otherwise becomes delinquent, Client agrees to pay triple-damages to Blue Transcription in any legal action that would follow such repudiation or delinquency, in addition to other legal fees associated with collection, as well as any other fees and charges laid out within these Terms of Service.

Blue Transcription reserves the right at any time or for any reason, to reject or discontinue its services to the Client. If Blue Transcription chooses to discontinue its services to the client, Blue Transcription will only charge the Client based on the services that it has performed.

Blue Transcription may at its discretion hold Client’s completed transcripts until any outstanding invoices are paid in full.

Turnaround Times and Delivery

Rush Service is defined as transcription performed by 5:00 p.m., Pacific Standard Time, two (2) full business days from the date of submission. Source Material must be submitted no later than 10:00 a.m., Pacific Standard Time. Blue Transcription must be contacted for availability and agree to rush service prior to client submitting their files for rush service. Blue Transcription may at its discretion, decline any or all rush services. In the event that Blue Transcription agrees to perform rush services for Client, but fails to deliver on or before the two (2) business days, the Client shall only be billed for the applicable standard turnaround time. Business days are governed by our normal operating hours and exclude weekends, holidays, and any other day we elect not to be open for business.

Accuracy Guarantee

Blue Transcription guarantees a 99% accuracy rate or higher for properly recorded, clear audio that does not contain any defects such as background noise, low sound, accents, et cetera. Client accepts that there may be unavoidable inaccuracies due to poor audio quality, background noise, obscure regional slang or dialect, accents, or unfamiliar proper names and nouns. Any Source Material should be clearly recorded in a controlled environment (preferably professionally) with one person either talking or interviewing one subject with minimal background noise interference and no media noise or defects. While Blue Transcription always does its best to create the most accurate transcript possible, regardless of the quality of audio, client should be aware that any audio that does not meet the previous criteria may impact the quality of the transcript and cause it to drop below the 99% accuracy rate.

Client understands that transcription services rendered by Blue Transcription includes their best effort to research online to determine the correct spelling of proper nouns, geographical locations, technical jargon, or slang, but that it is not always possible to determine the correct spelling of such items. Client also acknowledges that spoken word is often very distinct from proper grammar. Client accepts that Blue Transcription will make no effort to correct grammar or proofread material for grammar.

If for some reason, the client is not satisfied with their transcript and thinks it falls below the 99% accuracy rate and that their Source Material is free from the defects previously mentioned, Client must notify Blue Transcription within five (5) days, so that it can examine the discrepancy. Client accepts that a correction of any errors in the transcript will be Client’s only claim of satisfaction for work rejected by the Client. Client further agrees that corrections will only apply to specifically rejected transcripts and not entire jobs. For purposes of this agreement, the transcripts are considered to be custom-produced and perishable works. Under no circumstances will refunds be issued for delivered work.

Client agrees that it is Client’s responsibility to proofread and confirm the accuracy of a transcript before information from a transcript is published or printed or otherwise used and Client will not take any action against or include or implicate Blue Transcription, its employees or agents as defendants in any litigation arising out of or related to Client’s use of the Transcript.

Client hereby indemnifies and holds Blue Transcription and its employees and agents harmless from and against any and all claims or threat of claims and damages against Blue Transcription, its employees or agents arising out of or related to Client’s Source Materials and any use of the transcript produced by Blue Transcription based thereon.

Indemnification

Client understands that they must have all rights to Source Materials that they submit to Blue Transcription. Client represents and warrants to Blue Transcription that it holds the entire right, title, and interest in the copyright to the Source Material, or has a license to the copyright of the Source Material or other permission to use the Source Material. Client hereby conveys a non-exclusive license to Blue Transcription to prepare derivative works and transcribe the Source Material as necessary to perform the Services. To the fullest extent of the law, Client shall indemnify and hold harmless Blue Transcription and its employees and agents from and against any and all expenses, claims, losses, costs, actions or damages, including attorneys’ fees, arising out of or related to any forms of copyright infringement of the Source Material or any content or information from the Source Material.

Blue Transcription shall not be held liable for any indirect, incidental, special or consequential damages, or loss of profits, revenue, data or use, by the Client or any third party, whether in an action in contract or tort or strict liability or other legal theory, even if Blue Transcription has been advised of the possibility of such damages.

Confidentiality

Blue Transcription acknowledges that by reason of its relationship with Client, it may have access to certain information and materials contained in Source Materials in relation to the Client’s business, products, services, clients and marketing strategies that are confidential and of substantial value to the Client (“Confidential Information”). Blue Transcription agrees not to use the Source Material or transcripts produced or any information obtained while producing said transcripts in any way for its own account, nor for the account of any third party, nor disclose to any third party such Confidential Information revealed to it by Client, unless and until required as a matter of law or by court order or other legal process to do so or such information passes into the public domain.

Client understands that Blue Transcription deletes all Source Materials and finished transcripts from its servers within ten (10) days of completion of services. Client further understands that Blue Transcription is not an archival service and should not be viewed or otherwise considered by Client as a storage service for Client. Client acknowledges and understands that Client is solely responsible for storing all Source Materials, documents, and finished transcripts, or any other product generated by Blue Transcription.

Governing Law

These Terms of Service and Client’s relationship under the Terms of Service, shall be governed by the laws of the State of California without regard to its conflict of law’s provisions. Client and Blue Transcription agree to submit to the exclusive jurisdiction of the courts located within the county of San Bernardino, California to resolve any legal matter arising from the Terms of Service. All indemnifications and limitations on liability will survive any termination or expiration of this agreement.

Blue Transcription reserves the right to change these Terms of Service from time to time. Blue Transcription will post said modified Terms of Service to its website at https://bluetranscription.com/terms-of-service-updates/