Use of the iDictate Service, through both the iDictate website (www.iDictate.com
1. COST OF IDICTATE TRANSCRIPTIONS
a. IDictate's charges are determined by the type of material being transcribed, the number of speakers and the turn-around-time requested. For example, medical transcription is billed at a different rate than legal transcription. There currently are no monthly charges or sign-up charges. The charges are explained in detail on our Pricing page http://idictate.com/pricing.php
b. Transcription is billed on a "per-word" basis and the number of words to be typed cannot be determined in advance. The number of speakers on the audio and the speed of the conversation/ interview or dictation varies significantly from customer to customer. The number of words transcribed by iDictate will only be known once the transcript is complete.
2. CANCELLATION OF SERVICE
a. You can cancel or discontinue the Service at any time by simply not submitting any additional files to Company for transcription. As there are no monthly fees, the only obligation you would still have would be to make payment for all charges already incurred.
b. If you cancel your account, you are responsible for the cost of all transcription completed before and after the date and time of cancellation.
c. As with most Services, iDictate reserves the right to terminate your account at any time effective upon providing you electronic notice via text message or the email address on file. If iDictate terminates your account for any reason, your right to use iDictate immediately ceases. The Company currently does not plan to terminate any accounts, other than for non-use, non-payment or for violating this agreement.
3. BILLING AND COLLECTIONS
Your transcription charges are billed to your credit card weekly or monthly, depending on your plan. In some cases your credit card may be billed more frequently or before your file is transcribed. In some rare cases, your credit card may not be billed for several months after the transcripts are completed. The cost of each of your dictation jobs is determined by multiplying the number of words transcribed by the “per-word” rate as outlined on our Pricing page. The word counts for each file are listed on the Transcripts page when you log in to your account. Payments are due when invoiced, even if not billed timely. Late accounts may be assessed a 10% late fee, plus interest charges of 2% per month, or the maximum allowed by law, whichever is greater. In the event collection action is required, you shall be responsible for all reasonable legal and collection costs.
4. JOB COMPLETION AND QUALITY
a. Although iDictate will endeavor to complete transcription in the time period requested, there is no guarantee we will be able to do so. You will be responsible for the transcription charges regardless of when your files are completed. In order to cancel a file, you must log in to the “My Jobs” page of your account and click “Cancel”. A file may be cancelled only if we have not yet started typing it. Once typist has started typing your file, it can no longer be cancelled. When you click the “Cancel” button, you will see either a confirmation or an alert notifying you that it is too late to cancel that file. Cancellation requests cannot be made via email, Support ticket or phone.
b. For a summary of our service levels, visit http://idictate.com/pop_up_message.php
c. If you are not satisfied with the quality of a transcript, or we have not completed the file in its entirety, and you request that your transcript be corrected, you must make this request in writing within 48 hours from the time we first deliver the transcript to you. For purposes of clarity, the file delivery time is posted in the iDictate portal on the Transcripts page. In some cases, the quality of the audio you deliver to iDictate will affect the quality of the transcript (i.e. background noise, cross-talk, accent, voice clarity, mumbling, distance between speaker and recording device, volume and/ or speed of the speaker), in which case it may not be possible to improve or edit the original transcript. If we are unable to complete your transcript, you will still be responsible for the cost of the number of words that were transcribed.
5. FILE DELIVERY
Completed transcripts are available on the Transcripts page when you log into your account. Although completed transcripts are also emailed to you, iDictate is not responsible for any non-receipt of a file by email for any reason. If ever you don't receive a file by email, it is a good idea to make sure (i) your email address has been entered correctly in your profile, (ii) the transcripts are not in your spam folder, and (iii) that your mail service provider is not blocking mail from iDictate.
6. DUPLICATE FILES
The iDictate infrastructure and computer code has been developed so that iDictate cannot assign an audio file to be transcribed more than one time. The only way a file can be transcribed multiple times is if you submit the file multiple times, intentionally or unintentionally. You are responsible for the cost of each transcript we type even if you submit the audio file to iDictate multiple times unintentionally. A file is a duplicate if the same audio has been received more than one time and has been automatically assigned a different file number.
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8. HELP AND SUPPORT
If you need help, you should click on "Contact Us" on our website http://idictate.com
To resolve a complaint regarding the Service, you should first contact the Company by clicking on the "Contact Us" link on our website http://idictate.com
Please review our Privacy Notice, which also governs your use of the iDictate Service, to understand our practices.
All content included on the Website, including all text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of iDictate. or its content licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of iDictate and is protected by U.S. and international copyright laws. All software used on this site is the property of iDictate. or its software licensors and protected by United States and international copyright laws.
12. PROPRIETARY RIGHTS
The Company owns and retains proprietary rights in the Service. The Service contains copyrighted material, trademarks, and other proprietary information of the Company, its licensors and licensees.
13. COPYRIGHT INFRINGEMENT
You shall be solely responsible for your own audio files and the consequences of recording and publishing them. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to upload/ record without restriction and without infringing the rights or any other party all content submitted for transcription.
a. THE COMPANY PROVIDES THE SERVICE TO INDIVIDUAL END USERS ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT.
b. The Company does not warrant that your use of the Service will be uninterrupted, always available, or error-free, that the Service will meet your requirements, or that any defects in the Service will be corrected. THE COMPANY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
15. LIMITATION OF LIABILITY
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL THE COMPANY'S AND ITS AFFILIATES AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT, EXCEED THE PRICE PAID BY YOU TO THE COMPANY IN CASH IN CONNECTION WITH YOUR ACCOUNT. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD- PARTY ADVERTISERS OR RESULTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
16. INDEMNITY BY REGISTERED USER
You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees, contractors, agents, attorneys and accountants from and against any and all claims, losses, judgments, damages, and liabilities (including reasonable attorneys' fees), whether or not involving a third party ("Claims"), relating to or arising out of (a) your use of the Service, including any breach by you of the Terms of this Agreement, (b) personal injury, death or tangible physical property damage in connection with Affiliate’s act or omission, and (c) without limiting the foregoing, Affiliate's acts or omissions in connection with this Agreement or Affiliate's breach hereof, in each case to the extent such Claim or Claims do not result solely from the gross negligence, recklessness or intentional act of iDictate or such other indemnified persons. To the extent the indemnity available to iDictate or the other indemnified persons named herein is lesser than that available to any such person or entity under the Affiliate Program Agreement, the indemnification under the Affiliate Program Agreement shall govern with respect to such circumstance and such person or entity. While iDictate has implemented policies and procedures to protect your data, you agree to hold harmless and indemnify iDictate's service providers and partners - whether in contract with iDictate or not - and the owners, operators and developers of any “apps” or telephone companies that deliver files to iDictate, as well as their affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees. If you are using our Services on behalf of a business, that business also accepts these terms.
17. NO RESALE OF SERVICES
You will not reproduce, duplicate, copy, sell, resell, make available for gain or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services with the express written consent of Company.
Every available precaution has been made to assure the security and confidentiality of dictated information and other materials submitted to us. Your information cannot be retrieved by anyone other than you, iDictate staff and the telephone company. All work is transmitted through your personal telephone, smart phone or computer directly into the iDictate server, which is inaccessible to all outside sources. From there, your dictation file is accessed directly from our server by a randomly assigned iDictate typist. The typist transcribes your file using our secure web form. Sometimes it is necessary to transmit your document to a iDictate proofreader via private e-mail. And finally, the finished job is sent directly back to you via e-mail and can only be accessed by you or someone in your office with your personal password.
19. FORCE MAJEURE
iDictate shall not be responsible for any failure to perform any obligation or provide Service hereunder because of any (a) act of God, (b) war, riot or civil commotion, (c) governmental acts or directives, strikes, work stoppage, or equipment or facilities shortages, in any such case which are being experienced by providers of telecommunications Services generally and not targeted or directed at iDictate specifically, or (d) other similar force beyond iDictate.s reasonable control.
20. INTERPRETATION; AMENDMENT; WAIVER; SEVERABILITY
No provision of this Agreement or any exhibit or annex hereto shall be construed strictly against any party hereto, including, without limitation, the drafter hereof or thereof. Neither this Agreement nor any provision hereof may be amended, waived or modified in any way other than by a writing executed by the party against whom such amendment, waiver or modification would be enforced. No failure to exercise, and no delay in exercising and no course of dealing with respect to any right hereunder shall operate as a waiver thereof. Nor shall a waiver by any party hereto of a breach of any provision herein be deemed a waiver of any subsequent breach. The rights and remedies provided by this Agreement are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this Agreement, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies. The headings or titles of the several paragraphs of this Agreement are inserted solely for convenience and are not a part of, nor shall they be used or referred to in the construction of, any provision of this Agreement. Words in the singular number shall include the plural, and vice versa. Whenever examples are used in this Agreement with the words "including," "for example," "any," "e.g.," "such as," "etc." or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. All references to the masculine, feminine or neuter genders shall mean and include all genders. In case any one or more of the provisions contained in this Agreement for any reason shall be held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, any such provision(s) shall be severed, and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement or any action in any other jurisdiction. Moreover, if one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad or unreasonable as to the period, scope or geographical area so as to be unenforceable at law, such provision or provisions shall be modified or substituted by the appropriate judicial body so as to cover the maximum period, scope or geographical area permitted by applicable law.
21. ASSIGNMENT; CHOICE OF LAW; VENUE
The provisions of this Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of iDictate. This Agreement is personal to you, and may not be assigned or transferred to any other person or party. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California without giving effect to choice of law. Any legal action or other legal proceeding relating to this Agreement or the enforcement of any provision of this Agreement shall be brought or otherwise commenced or maintained exclusively in a state or federal court located in the County of San Francisco or the County of Marin. Each of the parties specifically consents to the exercise of personal jurisdiction over it for this purpose and waive any objection based on improper venue or inconvenient forum.
22. MODIFICATION AND REVERSE ENGINEERING
You cannot modify, adapt, translate, or reverse engineer any portion of the iDictate Service.
You cannot misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide.
24. RECORDING CALLS OR CONVERSATIONS
a. iDictate provides a function that allows you to record and/or transcribe telephone conversations. The laws which govern surveillance of electronic communications, eavesdropping, call recording and the like, and the notification requirements of such recorded conversations vary from state to state. You are responsible for applying the local laws in the relevant jurisdiction when using this feature.
b. Failure to follow these laws may lead to civil or even criminal liability.
c. To help you start your research, we’ve collected the information below. It’s by no means an exhaustive list, and both state and federal law likely applies to most interstate calls. Generally, it is required that one or both parties consent to have a telephone conversation recorded before such recording is legally permissible, with a few notable exceptions (see below). United States federal law and state laws vary somewhat.
d. U.S. federal law generally provides that a call may be recorded if one party to the call consents (commonly known as “one-party consent” rules). Thus, any person who initiates and participates in a call may also record that call under federal law, with a few exceptions (ex criminal or tortious purposes, etc.).
e. Most state laws are similar to federal law. However, some states require the consent of all parties to a call (usually called “two-party consent” rules, although technically if there are more than two parties to a call, then one would need more than two consents).
25. RESOURCES FOR CALL RECORDING LAWS
a. Here are links to some helpful resources, although this is by no means the full set of rules which may apply to your call recording activities:
Federal laws: Federal laws
State law survey: http://www.rcfp.org/taping/states.html
Another state law survey, annotated: http://www.pimall.com/nais/n.tel.tape.law.html
Summary of applicable rules: http://rcfp.org/taping/
Well maintained summary: http://www.fixyourthinking.com/2004/01/recording-phone-call-laws-by-state.html
b. Another summary that focuses on exceptions: http://www.psh.com/content318
The primary exception to the requirement of consent, typically applied to U.S. federal law (and state laws which are similar), is called the “business extension” exception (see “Another summary that focuses on exceptions” from above).
c. While opinions may differ, we recommend that iDictate users comply with the most strict law or regulation that might apply to the call, which is usually determined by its origination and termination points (i.e. where the parties to the call are located) and also possibly by the location of the recording equipment, which some courts have considered. For example, to record an interstate call in the United States, the most cautious approach would be to comply with the laws of the state where the caller is located, the laws of the state where the recipient is located, and also the laws of the state where the recording equipment is located, as well as U.S. federal law. Users whose calls may come from or go to multiple, or any, state, should likely set up their service to always comply with the strictest possible law.
d. As per our Terms of Service, it is solely your responsibility to understand and obey all applicable laws and regulations when using iDictate’s call recording tools. Failure to adhere to any such applicable rules could put you at risk for fines, penalties, or other legal action. These laws and regulations are actively and regularly enforced, and may also give rise to lawsuits by those who feel their privacy has been invaded.
e. Our lawyers also require us to point out that iDictate is neither your attorney nor your advisor; the information set forth above is not complete or exhaustive and does not constitute legal or other professional advice; and you are responsible to seek information or clarification from your own legal counsel pertaining to your specific activities or if you have any questions or concerns. You agree that neither iDictate, nor it’s affiliates, service providers, partners - whether in contract with iDictate or not - and the owners, operators and developers of any “apps” or telephone companies that deliver or record files for iDictate, as well as their affiliates, officers, agents, and employees have no liability to you whatsoever, whether for direct, indirect, or other damages, and regardless of legal theory, based upon or arising out of your use of the above information (if you disagree, please do not use this information). We also reserve the right to comply or assist with any investigation or enforcement activities undertaken by any regulatory entity with applicable jurisdiction.