Terms and Conditions
The following standard industry terms and conditions apply:-
1. Order acceptance
- All assignments are subject to acceptance by Memorandum.
- An assignment will only be deemed accepted by Memorandum if it gives confirmation to such effect to the client.
- Memorandum reserves the right to decline any assignment, or stipulate that acceptance be subject to such conditions as Memorandum may impose.
2. Payment for services
- Memorandum will issue an invoice in accordance with the agreed quotation supplied prior to commencement of the work or supply of the service, or alternatively apply its standard tariff of charges from time to time, either in Euros or UK sterling, as appropriate.
- Payment is due within 14 days of the date of invoice.
- In the event that any amount remains unpaid after the period of time specified on the invoice, Memorandum reserves the right (in addition to its right to claim for payment) to suspend services until the outstanding amount is settled.
- Memorandum reserves the right to charge interest at 5% above Bank of England base rate on overdue accounts.
3. Refunds
- No refund shall be applicable once transcription of any recording has commenced, unless:
- Memorandum does not complete the contract or
- Memorandum uses its discretion to refund if a client gives appropriate notice that they do not wish to continue with the service.
4. Use of services
- The services of Memorandum may only be used for lawful purposes.
- Memorandum accepts no liability for errors or incorrect transcription. Whilst we endeavour to ensure there are no errors in the work transcribed, it is the client’s ultimate responsibility to check transcription work carefully and ensure that no such errors exist.
- The client agrees to indemnify Memorandum and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against Memorandum by parties alleging any misuse by a client or related third party of services provided by Memorandum, and for any infringement of intellectual property rights or other applicable legislation.
5. Supply of service
- Memorandum cannot accept liability for failure to provide 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 its control.
- No liability is accepted by Memorandum for direct or consequential economic loss (including loss of profit or business) as a result of any transcription work.
6. Pricing
- Memorandum will endeavour to preserve the current pricing structure but reserves the right to amend prices as necessary, in accordance with market rates, giving at least thirty days notice prior to implementing any such changes.
7. Confidentiality
- Memorandum acknowledges that in the course of its work, it may have access to certain confidential information relating to the client’s business. Memorandum undertakes not to use in any way for its own account, nor disclose to any third party, such information revealed to it by a client.
- Information provided by way of transcription will be stored securely until instructions for deletion are received in writing from the client.
8. Transferral of Rights and obligations
- Rights and obligations for clients under these Terms and Conditions may not be utilised by a third party or transferred or assigned directly or indirectly without the prior written consent of Memorandum.
9. Data Protection Act
- Memorandum reserves the right to hold information relevant to a client in accordance with the Data Protection Act 1998.
- 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 Memorandum, unless otherwise stated.
10. Guarantee of Items Sent
- Memorandum cannot guarantee or insure any taped or manuscripts sent to us. These remain the client’s responsibility and we cannot accept liability for any loss or damage, no matter how caused whilst the tapes or other material are in our possession, in transit, or whilst you are transporting them to us. We strongly recommend that you keep a copy of any recording or written manuscripts.