Uppercase Transcriptions

1 GENERAL

• These Terms and Conditions set out how you may use uppercase-transcriptions.com and also your relationship with Uppercase.

2 PURPOSE OF THE SITE

• 2.1 Uppercase provides a transcription, typing and document-production service for business organisations and institutions and also individuals. By completing the work submission form you acknowledge and agree that access to, and use of, SendThisFile’s service is subject to SendThisFile’s terms and conditions of service.
• 2.2Uppercase is established in the United Kingdom and Scottish law governs these Terms and Conditions and your use of this site. By accessing this site you agree to submit to the exclusive jurisdiction of the Scottish Courts in relation to any claim or dispute arising out of or connected with your use of the site.
• 2.3 Users of this site are reminded that its contents and constituent parts are protected by copyright, trademark and other laws. Uppercase may allow links to and from other sites but such linkage does not imply endorsement, sponsorship or recommendation of such sites or the products or services offered by them. Accessing such sites is done at the user’s own risk and Uppercase is not responsible for the content, or the use of, any such sites.

3 SUPPLY AND USE OF UPPERCASE SERVICES

• 3.1 This site and Uppercase’s service may be used only for lawful purposes.
• 3.2 As a user you are responsible for maintaining the confidentiality of your communications, files, materials and other information. Additionally, you must not transfer or submit files, materials or work which:
• is obscene or defamatory, abusive or embarrassing to any person or organisation;
• is protected by copyright or other intellectual property rights (unless you are the owner of such rights or do so with the owner’s permission);
• would cause damage to data, software or the performance of any computer system including this website.
• 3.3 Uppercase will use all reasonable endeavours to provide its transcription service in a proper professional manner and within the time limit agreed with you for that purpose but excludes any liability for any failure or delay in providing its service where same is caused by a reason beyond the control of Uppercase including, but not limited to:
• Force Majeure;
• breaks in continuity of electricity supply or telecom link;
• failure, or unavailability of or any technical problems affecting, the SendThisFile website or any termination of your or Uppercase’s rights to utilise SendThisFile where this arises from any misconduct or mis-use or breach by you of SendThisFile’s terms of service;
• Any other reason beyond Uppercase’s control.

4 PAYMENT FOR SERVICES

• 4.1 You agree to pay Uppercase’s charges at the standard rate applicable from time to time as set out in the Rates Page or at such other rate as may be separately discussed and agreed between you and Uppercase and notified to you pursuant to Condition 2.1 above. Payment is due on completion of the work and you agree to pay (in full without deduction) all charges invoiced by Uppercase within 30 days of the date of the relevant invoice(s) issued for that purpose. Interest shall accrue on late payments at the rate of 4% above the base rate of the Bank of Scotland plc from time to time. In the case of any work for which a deposit is required, Uppercase reserves the right not to commence such work until such time as the deposit is paid.
• 4.2 In the event that any amount remains unpaid after the due date for payment then, in addition to its right to claim for payment, Uppercase reserves the right to discontinue, withhold or suspend performance of other existing, or new/additional, work for you until such time as payment in full is made.
• 4.3 Without prejudice to the provisions of Condition 6.2 (Rectification of defective work) no refund shall be payable once Uppercase has commenced its transcription or other work under the work submission form - except where Uppercase in its sole discretion decides to make such a refund.

5 CONFIDENTIALITY

• 5.1 Uppercase acknowledges that in the course of carrying out work and providing its services to you Uppercase may have access to information and materials of yours (or of any customer or client of yours) which is commercially sensitive and/or confidential in nature (“Confidential Information”). Uppercase undertakes not to mis-use or disclose any such Confidential Information except to the extent necessary for the proper performance of its services hereunder. All transcribed work and other materials which may have been temporarily stored on Uppercase’s system shall be deleted immediately following completion of the work and your acceptance of it unless you otherwise instruct Uppercase (in writing).

6 WARANTIES AND LIMITATION/EXCLUSION OF LIABILITY

• 6.1 Outwith encrypted secure connections (which apply to protect the files, materials and work which you submit to Uppercase via SendThisFile) you should be aware that general, unencrypted electronic transmission cannot be guaranteed to be secure or error free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete. Uppercase cannot therefore accept liability for any loss, damage, corruption or interception of any of your work, files, materials or other communications except where such loss, damage or other event is attributable to some negligent act or omission for which Uppercase can fairly and reasonably be regarded as responsible. The same provisions shall be deemed to apply to work, files and materials submitted to Uppercase in physical or hard copy form such as manuscripts, tapes or CD–ROMs. Uppercase does not carry any insurance for such matters or events and it is your responsibility to take suitable precautions for the safeguarding and insurance of all work, files and/or materials which you send to Uppercase. Uppercase further recommends that you keep a copy of all work, materials, files and communications which you send to us.
• 6.2 If the work carried out by Uppercase is not what you have instructed or is defective in some material respect, Uppercase shall have no liability to you unless you notify us of the problem (in writing at our contact address) within seven working days of the return of the transcribed work to you. If you notify a problem to Uppercase under this provision Uppercase’s only obligation will be to re-perform the work or to refund to you the amount paid by you for the service in question.
• 6.3Notwithstanding Clause 6.2 Uppercase shall have no liability whatsoever for the accuracy of transcriptions including, but not limited to, proof-reading of transcription or mistakes in transcription due to inaudibility. You agree that it is your responsibility to proof-read work.
• 6.4 Uppercase will not be liable to you for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered of an indirect or consequential nature including, without limitation, any economic loss or other loss of turnover, profits, business or goodwill.
• 6.5 Notwithstanding any other provision of these Terms and Conditions, in any circumstances where Uppercase has not effectively excluded liability under or in connection with the services provided hereunder, Uppercase’s maximum liability to you whether in contract, negligence, breach of statutory duty or otherwise shall not exceed the amount paid or payable by you for the work assignment in question.

7 DISPUTE RESOLUTION

• 7.1 If any dispute or difference arises out of or in connection with these Terms and Conditions which we are unable to resolve by negotiation, then each of Uppercase and you agree that the dispute shall be submitted to an independent mediator appointed by agreement between us to assist us in resolving the dispute; in the event that either of us should fail or refuse to agree to, or participate in, this dispute resolution procedure then either of us shall be free to seek to resolve matters pursuant to the provisions of the law applicable to the contract constituted by these Terms and Conditions.