CLIENT TERMS OF BUSINESS FOR THE SUPPLY OF TRANSCRIPTION SERVICES
These Terms and Conditions constitute a legally binding agreement between the Client and Pearl Linguistics regarding transcription services rendered or to be rendered by Pearl Linguistics. In the event of conflict with any communications, proposals, contracts, marketing materials, or agreements, these Terms and Conditions shall control.
1.1 “PEARL” means Pearl Linguistics Ltd of 2nd Floor, Karen House, 1-11 Baches Street, London, N1 6DL 1.2 “COMPANY” means Pearl Linguistics Ltd of 2nd Floor, Karen House, 1-11 Baches Street, London, N1 6DL
1.3 “CLIENT” means the name on the Estimate Sheet for whom Pearl has agreed to provide Services in accordance with these conditions. 1.4 “CHARGES” means the fees, charges and expenses for the Services as set out in the Service Confirmation Sheet.
1.5 “SERVICES” means transcription and other additional services required by Client and indicated on the Service Confirmation Sheet. 1.6 “SOURCE TAPE” means the source material, i.e. tape, audio file, VHS, or any other media that the transcription will be made from.
1.8 “ESTIMATE SHEET” means the sheet in which details of the required service stated, to which these Terms and Conditions are appended, and signed by the Client.
2. Supply of the Services
2.1 The Client shall sign, date and return the Estimate Sheet to Pearl to acknowledge the Client’s acceptance of the details of the service and charges outlined in Estimate Sheet before Pearl shall commence work. Any changes or additions to the service or these conditions must be agreed in writing by Pearl and the Client.
2.2 The Client at its own expense shall supply Pearl with all necessary Source Material within sufficient time to enable Pearl to provide the service.
2.3 The Client shall send Pearl Linguistics only the copy of the source tape or keep a copy themselves if they send the original. Pearl Linguistics is not liable for the loss / delay of tapes in post.
2.4 The Client shall clearly indicate the intended use of the transcription.
2.5 Pearl will not accept any liability for any work due to poor audio quality of the source tape provided by the Client.
3.1 All charges are based on the following basic assumptions. 3.1.1 The source tape must contain clear, professionally recorded audio.
3.1.2 The recording must be of a standard, professionally miked, one–on-one studio interview. 3.1.3 Interviewees must not have heavy foreign accents.
3.1.4 Audio tapes recorded on two sides must be marked and explicitly noted as such. 3.1.5 If only certain portions of tapes are to be transcribed, explicit time code ranges must be listed.
3.2 Various surcharges retroactively assessed in the following circumstances. 3.2.1 Poor audio quality. 3.2.2 Multiple concurrent interviewees, focus groups, discussions, lectures, etc.
3.2.3 Heavy accents. 3.2.4 Non-studio or poorly miked interviews – field or otherwise. 3.2.5 Most mini- & micro-cassettes and telephone interviews.
3.3 Transcribers Pearl Linguistics work with are not based in Company offices and are professional transcribers based all around UK. If the audio is not sent in electronic format or via secure online portals, the Client is liable to pay all courier charges to and from transcribers as well as courier charges between Client's premises and Pearl Linguistics premises. Depending on the urgency of the job these charges maybe first class post or Special Delivery or courier bike charges.
3.4 All payments must be in U.K. pounds sterling unless otherwise agreed in writing. If any cheque from the Client is returned by the bank as unpaid for any reason the Client will be liable for an administration fee of £30.
3.5 The Client shall be liable for and shall indemnify Pearl against all costs and expenses incurred by Pearl in respect of any steps, actions or proceedings made or brought against the Client by Pearl to obtain payment of outstanding Charges and interest.
4.1 Any date agreed by Pearl for delivery is given and intended as an estimate only. Pearl Linguistics Ltd will make every endeavor to meet such an estimated date but shall not be liable to make good any damage or loss, whether arising directly or indirectly out of its failure to meet such date.
4.2 Delivery is deemed to have taken place on posting or delivery to a carrier, or transmission by fax, modem or Internet, as the case may be, and the risk shall pass to the Client. However, Pearl Linguistics Ltd will retain a copy of the transcript and in event of there being any loss or damage will forward a further copy free of charge.
Although an urgency surcharge may be levied on urgent transcription services provided by Pearl Express, because such urgency may preclude the necessary time to check and editing, Pearl Linguistics Ltd will not accept any liability for any work submitted on an urgent basis.
The Client shall not under any circumstance other than as set out in these terms and conditions be entitled to cancel the Services.
The nature of the work performed and any information transmitted to Pearl by Client shall be confidential. Pearl shall not without the prior consent of client, divulge or otherwise disclose such information to any person other than authorized employees or authorized subcontractors of Pearl whose job performance requires such acts. The provisions of this paragraph shall not apply to the extent Pearl is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by Pearl.
9.1 Pearl Linguistics Ltd shall be relieved of all liability for obligations incurred to the client whenever and to the extent of which the fulfillment of such obligation is prevented by any cause beyond its control.
9.2 Other than the death or injury to any person resulting from our negligence, Pearl Linguistics Ltd shall not be liable to the Client or any third party in any circumstances whatsoever for any consequential loss or damage of any kind (including loss of profit) and the Client shall indemnify Pearl Linguistics Ltd against all claims and demands upon Pearl Linguistics Ltd for any such consequential loss or damage.
9.3 As a result of any error or omission in work undertaken by Pearl Linguistics Ltd, Pearl Linguistics Ltd will, as its option, either re-type the work or compensate the Client for the cost of any additional typing or printing up to the amount of our fee, in respect of that work, provided that such fee has been paid in accordance with Pearl Linguistics Ltd's terms of business and provided the work has been used by the Client for the purpose indicated on the order. For publication - Pearl Linguistics Ltd will only accept responsibility for any errors or omissions if the galley proof is submitted to Pearl Linguistics Ltd for a final check prior to going to print. All figures will be left for the client to check and Pearl Linguistics Ltd will not be responsible for any errors in the figures.
9.4 Pearl Linguistics Ltd does not accept any liability for assignments undertaken over the telephone.
Pearl Linguistics Ltd retains the copyright, unless otherwise agreed in writing.
These Terms and Conditions shall be governed by , enforced and construed in accordance with the laws of the United Kingdom.