Terms and Conditions

Border Transcription Services – terms and conditions for using the transcription service (www.bordertranscriptionservices.co.uk)

Customer Agreement

By and between Border Transcription Services (‘BTS’), a UK sole trader at Shore Stay, 30 Lytham Road, Blackpool, FY1 6DY and the Customer.

Reference herein to the Customer shall be to a company, a business partnership, individual or sole trader to which BTS directly provides its products or services and where it is the recipient of any invoice resulting from purchase of products or services from Border Transcription Services.

The parties agree to the following, which shall apply during the term of this Customer Agreement. This Customer Agreement covers all products or services the Customer has purchased or ordered, whether for its own use or for the use of its customers.

1. Order acceptance

1.1 All orders are subject to acceptance by BTS.
1.2 An order will only be deemed accepted by BTS if it gives confirmation to such effect to Customer.
1.3 BTS may in its absolute discretion refuse to accept any order, or provide that acceptance be subject to such conditions as BTS may impose.

2. Payment for services

2.1 BTS shall issue an invoice in accordance with the agreed quotation as soon as the work has been completed, or on a monthly basis if work is ongoing over a longer period than this. The invoice will be issued in UK sterling, unless other arrangements with Customer are made in writing.
2.2 Payments are due within 28 days of the date of invoice.
2.3 In the event that any amount remains unpaid after the period of time specified on the invoice, BTS reserves the right (in addition to its right to claim for payment) to discontinue, withhold or suspend services to the Customer and/or its customers to whom such unpaid amounts relate.
2.4 Value Added Tax is not payable on services provided by BTS.

3. Use of services

3.1 The products and services provided by BTS may only be used for lawful purposes.
3.2 The Customer accepts that BTS does not accept any liability to the Customer and/or its customers from any loss or damage however caused (even if BTS had been advised of a possibility of such damage arising) resulting from transcriptions provided by or to the Customer and/or its customers using the products or services of BTS. Furthermore, although work is spell checked, BTS does not accept any liability for errors or incorrect transcription and the Customer agrees that it is the Customer’s responsibility to check transcription work carefully and ensure that no such errors exist.
3.3 The Customer agrees to indemnify BTS and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against BTS by parties alleging any misuse by Customer and/or its customers of BTS’s products or services and for any infringement of intellectual property rights or other applicable legislation (including, but without limitation, legislation governing the provision of goods or financial (or other services)).

4. Supply of service

4.1 BTS’s liability to Customer arising from defective products or services is limited (save in respect of death or personal injury) to the amount payable by Customer to BTS under this Customer Agreement.
4.2 BTS will always endeavour to supply full service but does not accept liability for BTS’s failure to supply products or services caused by any external influences including acts of God, fire, governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond the control of BTS.
4.3 BTS does not accept liability to the Customer for direct or consequential economic loss (including loss of profit or business).

5. Notification of change

5.1 The customer agrees to provide to BTS all reasonable information on its existing and/or prospective activities which BTS may need to fulfil BTS’s obligations under this Customer Agreement.
5.2 BTS reserves the right to change prices as deemed necessary, on giving Customer at least thirty (30) days notice prior to implementing any changes except with respect to provision in section eleven (11).

6. Confidentiality

6.1 BTS acknowledges that by reason of its relationship with the Customer, it may have access to certain information and materials relating to the Customer’s business, products, services, customers and marketing strategies that is confidential and of substantial value to the Customer, which value would be impaired if such information were disclosed to third parties.
6.2 BTS undertakes not to use such information in any way for its own account nor for the account of any third party, nor disclose to any third party such information or materials revealed to it by the Customer. No information provided by way of transcription will be stored on computers and deleted upon instruction in writing from the Customer.
6.3 BTS is a sole trader and does not use any third parties to provide transcription services.

7. Transferral of rights and obligations

7.1 Customer rights and obligations under this Customer Agreement may not be enjoyed by a third party or transferred or assigned directly or indirectly without the prior written consent of BTS.
7.2 If the Customer sells any of BTS’s products or services to a third party it shall do so on terms which are not inconsistent with this Customer Agreement; and such Customer shall maintain adequate insurance as would normally be covered by a person carrying on in the same type of business as the Customer.

8. Data Protection Act

8.1 BTS reserves the right to hold information relevant to Customer in accordance with the Data Protection Act 1998.
8.2 This information may be stored in a computerised database and/or in paper format, which will be treated in the strictest of confidence and will only be used internally by BTS, unless otherwise stated.
8.3 The data that the Customer uploads via our website will be transferred securely to, and stored at temporarily, web servers operated by our IT partners seren web. Files may also be processed by their IT team to allow successful transmission of the data between the Customer and BTS. By uploading your files, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this policy. While total security can not be guaranteed on any shared file system, we use the latest SSL https security to help safeguard your files.
8.4 Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

9. Disputes

9.1 The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of co-operation without formal proceedings.
9.2 Any dispute which can not be resolved (other than the collection of monies due on unpaid invoices) shall be subject to the arbitration of a single arbitrator appointed by agreement between the parties or, failing agreement, nominated in the application of either party by the President for the time being of the Law Society. This clause shall not exclude either party from making an application to the court for injunctive relief.

10. Termination of Customer Agreement

10.1 BTS is entitled to terminate this Customer Agreement on giving notice to such effect if the Customer breeches any of its terms or conditions. In this circumstance, the Customer will forfeit the return of any advance payments and BTS products and services will be wholly withdrawn.
10.2 The Customer may also terminate this Customer Agreement on giving at least thirty (30) days written notice prior to renewal.
10.3 Unless the said notice is received by BTS at least thirty (30) days before the Customer Agreement expires, the Customer will be deemed automatically to have renewed this Customer Agreement for the same duration as the previous one.
10.4 The length of the Customer Agreement equates to the payment period the Customer has chosen, e.g. if the Customer pays quarterly then the Customer Agreement is a three (3) month contract.

11. This represents a legal contract

11.1 This Customer Agreement is governed by English law and is covered by the jurisdiction of the English courts. If any provision of this Customer Agreement is held to be invalid by an English court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. 11.2 BTS and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitution provision.

12. Entire agreement; modifications

12.1 This Customer Agreement sets forth the entire agreement and understanding between both parties and merges all prior discussion between them.
12.2 BTS may make changes to this Customer Agreement upon thirty (30) days written notice to the Customer, advising of the change and the effective date thereof. Utilisation of BTS’s services by the Customer following the effective date of such change will be deemed as acceptance by the Customer and/or its customers of such change(s). Otherwise, this Customer Agreement may not be modified except by the written consent of both parties.

13. Notices

13.1 All notices served by BTS to the Customer shall be sent to its address in the United Kingdom most recently provided by e-mail or letter and shall be effective if sent by e-mail upon the date of transmission, or if sent by post, upon its posting in a duly addressed pre-paid envelope.
13.2 All notices served by Customer to BTS shall be by e-mail or letter and shall be effective upon the date of actual receipt by BTS.

14. Waiver

14.1 No failure or delay by either party in exercising any of its rights under this Customer Agreement shall be deemed to be a waiver of that right, and no waiver by either party of a breach of any provision of this Customer Agreement shall be deemed to be a waiver of any subsequent breech of the same.

15. Guarantee of Items Sent

15.1 BTS cannot guarantee or insure any media, including tapes, digital files or CDs, sent to us. The media, tapes or CDs remain the Customer’s responsibility and BTS cannot accept liability for any loss or damage, no matter how caused, whilst the tapes, CDs or digital recordings are in our possession, in transit, or whilst you are transporting them to us. BTS strongly recommend that you keep a copy of any recording and obtain necessary insurance in case of loss or damage.