TERMS OF SERVICE
Welcome to the Type It Tiger Web Site (hereinafter the “Web Site”).
The following terms and conditions of use govern your use of the Web Site.
By entering in this Web Site and using the services offered therein you unconditionally consent to the following Terms and Conditions of Use which can be modified by Type It Tiger in its sole discretion at any time and without notice. The Terms and Conditions of Use include, but are not limited to, any others agreements and policies incorporated by reference herein (collectively “Terms and Conditions of Use”)
INTELLECTUAL PROPERTY RIGHTS
This Web Site as well as the Type It Tiger trademark are subject to copyright protection.
All trademarks, logos, whether registered or not, displayed on the Web Site, including but not limited to the Type It Tiger trademark may not be used in connection with any product or service that does not originate from the Type it Tiger business, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Type It Tiger.
You acknowledge and agree that the Web Site, and all content included therein, including, but not limited to, all text, information, data, images, icons, photographs, illustrations, multimedia (graphic, audio and video), charts, indices, reports, data, software, HTML code and screens contained therein and the like (collectively “Content”), is owned by or licensed to Type It Tiger and is subject to protection by international intellectual property laws, including, but not limited to, rights in the nature of patent rights, copyrights, trade secrets, trade names, trademarks, service marks, moral rights, know-how and any other similar rights recognised under laws or international conventions in any country or jurisdiction in the world.
Subject to these Terms and Conditions of Use, and except as otherwise indicated on the Web Site, you may use, access, download, copy, store, manipulate, reformat, print or display any Content to which you have authorised access solely for your own personal use. You may not otherwise download, copy, store, manipulate, reformat, print, display, publish, transmit, distribute, create a derivative work from, resell or make any other use of, the Web Site, or any Content contained therein. No right, title and/or interest in any material or software may be deemed assigned to you as a result of any such download or copying. You agree to maintain and abide by all copyright or trademark notices and other notices contained on the Web Site and in the Content.
DISCLAIMER
The Web Site is provided to you strictly on an “as is” basis. For the avoidance of doubt this website shall be construed as offering neither express nor implied warranties or representations of any kind, whether by statute or otherwise. No written information given by Type It Tiger shall neither be deemed to constitute a representation nor to create any warranty.
It is a condition of use of this site and the services associated with it that the user assumes all risk. When outsourcing work in lieu of having the work completed by an employee the risk assumed by the user is no greater than the risk that would have been assumed if the work had been delegated to an employee.
Type It Tiger shall only be liable in the event that work for which prepayment has been received is not completed and only then on a pro-rata basis. Any liability shall be limited the amount of the prepayment.
Type It Tiger assumes liability neither for loss nor damage arising from errors and inaccuracies in transcripts. It is the responsibility of the client to check accuracy.
Type It Tiger assumes liability neither for loss nor damage to physical media supplied to it by post, and cannot guarantee safe return of the same. Clients are encouraged to electronically deliver digital files and in all circumstances to maintain copies of anything supplied.
FOR THE AVOIDANCE OF DOUBT, IN NO EVENT SHALL Type It Tiger, OR ANY OF ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR LICENSORS OR SUCCESSORS OR ASSIGNEES OF EACH BE LIABLE HEREUNDER, UNDER ANY THEORY OF LIABILITY WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, DATA OR PROGRAMMING, (WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, STATUTE OR OTHERWISE (EVEN IF Type It Tiger HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF (A) YOUR USE OF THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION ACCESSED ON OR THROUGH THE WEB SITE, (B) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE WEB SITE, (C) YOUR INABILITY TO USE THE WEB SITE FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED ON OR THOUGH THE WEB SITE, (D) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY INFORMATION, (E) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEB SITE, (F) UNAUTHORISED ACCESS TO THE WEB SITE AND UNAUTHORISED ALTERATION TO TRANSMISSIONS OR DATA, (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE, OR (H) ANY OTHER MATTER RELATING TO THE WEB SITE.
Any reference to any product or service which has been or may be provided by Type It Tiger or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.
Type It Tiger takes all possible steps to ensure the accuracy and timeliness of the information included on this Web Site but cannot absolutely guarantee the accuracy, completeness or timeliness of the information provided on this Web Site.
However, Type It Tiger reserves the right at any time and from time to time to modify or discontinue temporarily or permanently, the Web Site (or any part thereof) with or without notice. You agree that Type It Tiger shall not be liable to you or any third party for any modification, suspension or discontinuance of either the Web Site or the service offered therein.
COLLECTING DATA
The Type It Tiger’s Web Site may deposit “cookies” in a visitor’s computer. A cookie is a small data file placed on your computer’s hard drive by a web page server. A cookie may contain information (such as unique user ID), which is used to track the pages of the sites you’ve visited. Type It Tiger uses cookies to measure activity on its Web Site, which allows Type It Tiger to determine which areas and features of its Web Site are most popular. This information allows us to make improvements and updates to enhance our TypeItTiger.com experience. We never save passwords, credit card information or other personal identifiable information in cookies.
Most web browsers are initially set up to accept cookies. You can, however, reset your browser to refuse all cookies or to indicate when a cookie is being sent.
LINKS TO OTHER WEB SITES
TypeItTiger.com may contain links to sites other than its own. These sites may have their own terms and conditions, or no terms and conditions at all. We have no responsibility for those sites and provide these links solely for the convenience of our visitors. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement. These sites may send their own cookies to you and may collect information and use same in a way inconsistent with TypeItTiger.com Terms and Conditions of use. Furthermore, Type It Tiger cannot control these sites and external sources. Hence, Type It Tiger cannot be held responsible for those sites or external sources, and declines any responsibility for the content, advertising, products, services and any other material available on or branching off those sites and external sources. In addition, Type It Tiger cannot be held responsible for any damage or losses, true or alleged, deriving from the use or from having trusted the content, or goods and services available on those sites or external sources.
SECURITY
Transmission of data over the Internet is never guaranteed to be completely secure. It is possible that third parties not under the control of Type It Tiger may be able to access or intercept transmissions or private communications without Type It Tiger ‘s permission or knowledge. Type It Tiger takes all reasonable steps possible to protect your personal information. However, it cannot ensure nor does it warrant the security of any information you transmit to us. Such transmissions are done at your own risk.
REPRESENTATIONS AND WARRANTIES PROVIDED BY YOU, THE USER
You represent and warrant that (a) you have the power and authority to enter into this agreement; (b) your use of the Web Site and the service offered therein will comply with these Terms and Conditions of Use; (c ) that your use of the Web Site and the services offered therein will comply with international laws including, but not limited to, intellectual property laws – in particular you warrant that any data that you provide for transcription in any format will not breach copyright owned by a third party.
You agree to indemnify and hold harmless, and at Type It Tiger’s option, defend Type It Tiger, and any of its affiliates, and its and theirs officers, directors, partners, members, managers, shareholders, employees, agents, representatives and licensors and successors or assignees of each from all damages, costs, legal advice and opinions sought, liabilities, law suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, legal fees and expenses), relating to or arisi
ng out of any breach of these Terms and Conditions of Use or any use of the Web Site by you.
CONFIDENTIALITY
Staff, contractors and associates of Type It Tiger are required to respect the private nature of information provided by its clients.
In order to safeguard the private nature of information shared with Type It Tiger all audio files and transcripts will be deleted within a reasonable time after work on them has been completed. For the avoidance of doubt, Type It Tiger keeps no archives of work undertaken for its clients.
There is no presumption of confidentiality. The onus is on the client to specify which documents, if any, supplied to Type It Tiger are confidential in nature. In the absence of such specification Type It Tiger shall not treat any documents as being confidential.
Type It Tiger is willing to sign confidentiality and/or non-disclosure agreements with clients if requested to do so. In the absence of such written agreement none shall be deemed to exist.
PRIVACY
Type It Tiger understands that maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”) is important to its users. In order for the Web Sites to work accurately and efficiently, Type It Tiger may collect and maintain Personal Information about users. Type It Tiger collects Personal Information only in circumstances when you knowingly provide such information, such as the information you are requested to provide in the registration form required to subscribe to the Web Sites and through invisible means, as part of automatically collected information such as cookies.
Data is processed – mainly through electronic means – by Type It Tiger for statistical surveys subject to their prior anonymisation. Furthermore, and subject to your prior consent, your personal data may be used for sending you information, advertising and promotional materials, via post or via email, on Type It Tiger’s services, news, fundraising initiatives and events. We also ask you to express your consent to the insertion of the data collected in connection with your usage of online purchase service (the “Service”) – e.g. identification data, address, type of goods you are interested in, e-mail address – into our customer database aimed at information and business activities.
In the normal course of serving its users, Type It Tiger may disclose Personal Information to Type It Tiger affiliates and agents. In addition, Type It Tiger contracts with third parties that perform services to Type It Tiger for example, assistance in maintaining and managing the Web Site, Type It Tiger’s database and users’ Personal Information.
PAYMENT TERMS
Pre-payment is mandatory for ad-hoc work where no contractual relationship exists between you and Type it Tiger. Invoices are issued upon placement of order, payable by cheque, card or bank transfer.
Credit facilities are offered at the sole and absolute discretion of Type it Tiger subject always to contract.
In circumstances where credit terms exist, clients often find it desirable to purchase prepaid transcription credit for a variety of reasons. In addition to qualification for discounted rates, pre-payment may be useful where a dated invoice is required to comply with funding timelines.
Payment currency is in Great British Pounds unless it has been mutually agreed in writing between the parties that foreign currency payments will be accepted and on which terms. Payment may be made by BACS or CHAPS transfer and bank details will be provided by Type it Tiger for this purpose. Other payment methods, including PayPal or Credit Card will be considered upon request provided always that the transaction costs are borne by the customer making payment.
Late payments are subject to interest at an annual rate of 6% above Bank of England base rates calculated and compounded daily.
PRICE QUOTATIONS
A quote given by Type It Tiger for a specific bespoke piece of work is valid until 5pm GMT on the date of issue unless explicitly stated otherwise in writing.
Quotes are based on a sample representation of audio quality, and are subject to quality and consistency of material. We reserve the right to cancel orders.
All quotes and deadlines refer to working days, Monday to Friday. (For example a standard two day order placed at 10am on Friday will be due by 5pm Tuesday.)
DELIVERY POLICY (Timescales)
Transcripts, by default, are delivered by unsecured email attachment unless specifically requested otherwise. Type It Tiger shall endeavour and, indeed, it stakes its reputation on the ability to deliver transcripts by 5pm on the agreed deadline date. Deadlines are estimates and are subject to revision on an ex-ante basis. It can unfortunately accept no liability for loss or damage arising from delays in delivery of transcripts or delays in the return of physical media.
REFUND, REPLACEMENT AND CANCELLATION TERMS
No refunds are available after the commencement of work, except at the sole and absolute discretion of Type It Tiger in exceptional circumstances.
If the customer is not satisfied with the first draft of a transcript on reasonable grounds then Type It Tiger will make all reasonable efforts to revise the document at no extra charge. The customer is obliged to raise any issues realting to a piece of work with Type it Tiger within 24 hours of receipt of that completed piece of work or else the customer will be deemed to have accepted the work as delivered and all archived files relating to that work will be deleted by Type it Tiger.
Last updated June 6, 2013