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SA PROFESSIONAL TYPING SERVICES ONLINE CC (saproType)
TERMS AND CONDITIONS
- Interpretation and definitions
- In these Conditions:-
- clause headings are for the purposes of convenience and reference only and shall not be used in the interpretation of these Conditions, nor modify nor amplify any of the provisions hereof;
- a reference to:-
- any particular gender shall include the other two genders;
- the singular shall include the plural and vice versa;
- a natural person shall include a juristic person (whether a corporate or unincorporated created entity) and vice versa.
- In these Conditions, unless the context indicates a contrary intention, the following words and expressions shall bear the meanings assigned to them hereunder and cognate expressions shall bear corresponding meanings:
- these Conditions – collectively, the terms and conditions set forth herein, together with such further and/or ancillary conditions as may be agreed to in writing between saproType and the Customer. Copies of these Conditions are available on request and can be accessed via the Website or telephoning saproType's designated number for that purpose;
- Contracted Basis – the provision by saproType of Services to a Customer for an agreed period of time, where the Customer is invoiced on a monthly basis;
- the Customer – any party with which saproType has agreed to provide the Services or Products in accordance with these Conditions;
- Dictation – the putting into words of that which is to be transcribed and the capturing of the same by any means whatsoever, including digital, analogue, cassette or telephone recordal;
- the ECT Act – the Electronic Communications and Transactions Act of the Republic of South Africa No 25 of 2002;
- HIPAA – the Health Insurance and Accountability Act of the United States of America of 1996;
- Order – an order placed with saproType by a Customer to render the Services in accordance with these Conditions or to purchase a product. For the avoidance of doubt, it is acknowledged and agreed that the submission to saproType of any Dictation shall constitute an Order;
- Pay As You Go Basis - the provision by saproType of Services to a Customer on an ad hoc "pay as you go" basis;
- Product- any equipment or commodity whether electronic or otherwise
- saproType - South African Professional Typing Services Online CC, Registration No 2008/204583/23, a Close Corporation duly registered in accordance with the laws of the Republic of South Africa;
- the Services – the provision of high quality transcription of Dictation (contained in digital audio files) on a Contracted or Pay As You Go Basis and includes, by prior special arrangement, the transcription of Dictation contained in analogue format;
- user- anyone who accesses the website
- the Website – saproType's website, namely www.saprotype.co.za;
- The Website provides information concerning saproType and the Services and products it offers.
- These Terms and Conditions govern the customer or users use of the saproType website located at the domain name www.saprotype.co.za. (“the Website”). By accessing and using the Website, the customer/ User agrees to be bound by the Terms and Conditions set out in this legal notice.
- Users and customers may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
- By using this Website or communicating with the Provider by electronic means, the user/ customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
- Placing and acceptance of Orders
- The submission to saproType of any Dictation or order to purchase a product or the receipt of a written request or a deposit to perform a recording shall be deemed to be an Order placed with saproType to render the Services or to supply the product in relation thereto and shall further be deemed to have been placed on the understanding that saproType's current standard tariff of charges as set forth in the Website will apply. Where the Order is placed on a Pay As You Go Basis, it must be preceded by payment of the estimated cost (as determined pursuant to the relevant provisions contained in the Website) or the required deposit, in either case so as to ensure that the correct residual balance is left in the Customer's account.
- Any Customer submitting Dictation by way of analogue recordings such as cassettes or by way of saproType's phone-in facility or any other method shall be deemed to have done so in accordance with these Conditions.
- saproType may in its sole and absolute discretion refuse to accept any Order, without providing reasons therefor. In such event, saproType will inform the Customer concerned as soon as is reasonably practicable after receipt by it of the relevant Order.
- Transcription Prices and Payment
- The rates quoted on the website are purely for transcription. See point 7 for possible potential additional charges.
- saproType's current tariff of charges (exclusive of VAT) is as contained in the Website and is subject to change from time to time on 30 days' notice. This tariff serves only as a guideline and the actual tariff charged will be quoted to the customer in a written cost estimate and is subject to the specific terms and conditions of this cost estimate to the extent that they may vary from the saproType Standard Terms and Conditions which are otherwise applicable.
- Transcription Services rendered to Customers on any basis will only be released against payment in full of the balance owing unless specified and agreed upon in writing solely at the discretion of a saproType management representative in whom is vested the authority to do so.
- Statements will be issued monthly in respect of Services rendered on a Contracted Basis and payment in respect thereof shall be made by not later than 7 days from the date of statement failing which saproType reserves the right to charge interest equivalent to the prime overdraft rate of Standard Bank on overdue payments.
- Transcriptions of conferences, meetings and other multiple speaker recordings require a deposit upfront and an order number (where applicable) and written confirmation of acceptance of a quotation before in order for transcription to commence. The requested turnaround time only commences once all these conditions are fulfilled to the satisfaction of saproType. The completed transcription will only be made available once the entire outstanding balance is paid in full.
- For recording of meetings and conferences a non refundable deposit is required to reserve and secure the recording date/s and appropriate equipment. An additional cost is then levied for performing the actual recording. The recording will only be handed over to the customer once the service is paid in full.
- saproType reserves the right to levy:-
- an increased charge for poor or inaudible audio quality, whether arising out of substandard equipment or otherwise;
- an increased charge and /or increase of the turnaround time for dictation that saproType deems to be extraordinarily technically and terminologically taxing.
- a collection / delivery charge where it is required to collect or deliver CD's, cassettes or any other form of digital or analogue Dictation or Recording;
- a printing charge per page where hard copies are required.
- a delivery charge where it is required to effect delivery of final typed or transcribed documents in a manner which deviates from the standard method of downloading and printing from saproType's server or website;
- an additional charge for certification of transcripts.
- an additional proofreading charge for preparation of "court-ready" documents.
- interest on all overdue payments at the prime overdraft rate at the relevant time of the Standard Bank of South Africa Limited.
- A basic technical handling administration fee of not less than R550 per hour ex VAT for any file format conversion loading, sorting and/or processing recordings irrespective of whether or not they are transcribed.
- All costs, charges and expenses of whatsoever nature which may be incurred by saproType in enforcing its rights under these Conditions including, but without limitation, legal costs on the scale as between attorney and own client, shall be recoverable from the Customer concerned.
- Provisions relating to the Services
- saproType will render the Services in a professional manner and, unless otherwise stipulated in a separate written agreement concluded with the Customer concerned, within the turnaround times contained in the Website.
- Orders for Services to be rendered in languages other than English will be accepted only by prior arrangement and written agreement in relation to charges and turnaround times.
- No request for the cancellation of any Order will be acceded to unless such request is received, in writing, within such period of time after submission of the Dictation concerned as saproType may, in its sole discretion determine to be timeous, and such cancellation is confirmed in writing by a duly authorised administrator of saproType.
- Unless otherwise specified and agreed to in writing by a duly authorized saproType representative, saproType will only rectify spelling and other errors and make legitimate amendments arising as a result of its rendering of the Services, provided that the request to rectify is received within 5 days after completion and delivery of the original Services (unless a different period is specified in writing purely at the discretion of a saproType representative who has the authority to do so). Unless such request is received within the 5 day period, the Services will be deemed to have been effected without error and charged for accordingly.
- All subsequent additional alterations and variations requested by the Customer or any alterations arising from failure of the customer to supply the the relevant information prior to the commencement of the transcription will be charged for over and above the quantum in original transcription cost estimate at least at the Transcription Rate quoted in the Original Cost Estimate. saproType reserves the right to charge a different rate for any extraordinary amendment requests subject to the sole discretion of saproType but which are to be agreed upon in writing with the customer.
- The Customer accepts responsibility for checking and verifying the accuracy of each and every transcribed document and the correct application of the text thereof.
- Save to warrant that the Services will be effected in a professional and accurate manner, the Services are provided without any other warranties or representations of whatsoever nature.
- Payment Conditions for Product Sales
- All payments to be made strictly upfront by cash, internert electronic transfer (EFT) or by credit card via the shopping basket on saproType website.
- Cheques and debit cards not accepted.
- Cheque deposits are subject to the full banking clearance period before any goods will be released.
- Goods only receivable once the deposit appears in the saproType account and is confirmed to be valid and cleared by the bank unless otherwise agreed to by a saproType representative and specified in writing purely at saproType discretion and in whom is vested the appropriate authority to do so.
- E-Commerce & Privacy
- The saproType Website (www.saprotype.co.za) offers transcription services and electronic products online.
- The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser / User and customer indemnifies and holds saproType harmless against any loss, injury or damages which may be sustained as a result of using the services and products sold on the Website.
- The private information required for executing the orders placed through the e-commerce facility, namely the user’s or customer’s personal information delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.
- saproType HAS NO ACCESS TO CREDIT CARD DETAILS SUBMITTED TO mygate AND THEY ARE NOT KEPT BY saproType UNDER ANY CIRCUMSTANCES.
- saproType cannot be held responsible for security breaches occurring on the Customer / User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
- saproType will dispatch all goods to the delivery company in good order. saproType will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
- Online Payment – mygate Payment Gateway
All online credit card payments are processed by the mygate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view mygate security policy.
- Refund and Return Policy for electronic and other equipment
- The provision of products is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the customer will attract a 20% charge for administration costs.
- The Provider reserves the right to cancel an order for product or other equipment for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
- Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager at email@example.com
- Refund and Return Policy for transcription orders
- as indicated in clause 5.3 no request for the cancellation of any transcription order will be acceded to unless such request is received, in writing, within such period of time after submission of the Dictation concerned as saproType may, in its sole discretion determine to be timeous, and such cancellation is confirmed in writing by a duly authorised administrator of saproType.
- There can be no refunds for orders or jobs that have already been typed.
- Any residual balance in a Pay-as-you-go users account will be refunded within thirty days of receipt of such written request by saproType, provided that no new transcription orders are received during this time.
- Obligations of the Customer
- The Customer is to take all reasonable steps to ensure that it does not transmit to saproType any file containing a virus, worm, "Trojan Horse" or any other destructive feature and hereby indemnifies saproType and holds it harmless against all loss or damage which saproType may suffer as a result of it failing to so ensure.
- In submitting Orders the Customer warrants that there will be no breach of copyright or other intellectual property rights on the part of
saproType in rendering the Services required therein.
- The Customer is to maintain confidentiality in relation to its password and user name, thereby restricting access to unauthorised third parties. Documents will only be capable of being accessed and downloaded by the original author of the Dictation or its duly authorised representative.
- The Customer undertakes not to conclude or endeavour to conclude any private agreement with any member of saproType's staff.
- The Customer confirms firstly that it is fully conversant with the confidentiality agreement concluded by saproType with each of its typists and saproType's "confidentiality policy for the use of protected information", both of which are posted on the Website, and secondly that such confidentiality and security measures are adequate and sufficient for the Customer's purposes.
- In rendering the Services saproType undertakes to maintain the confidentiality of all information contained on the files submitted to it by the Customer and to ensure that such confidentiality is maintained by all of its relevant members of staff.
- No information provided by way of transcription will be stored for any significant period on computers and any transcribed work and audio files shall, unless otherwise instructed in writing by the Customer, be deleted shortly after completion of the Services.
- Subject to the provisions of the ECT Act and to the fullest extent allowed by law, saproType shall not have any liability whatsoever to the Customer or any third party in respect of claims arising out of:-
- any breach of copyright on the part of the Customer;
- any delays in turnaround times occasioned by the use by the Customer of substandard equipment or software that fails to function correctly;
- any loss of or damage to Dictation submitted in cassette or analogue form;
- typing and other errors occurring in the rendering of the Services;
- any delays occurring as a result of circumstances beyond the reasonable control of saproType, and the Customer hereby indemnifies
saproType and holds it harmless against all loss and liability that saproType may suffer arising out of such claims.
- Notwithstanding the aforegoing, saproType's liability for any loss or damage to the Customer arising out of the rendering by it of the Services shall be limited to the amount received by it in payment for the Services in question. Under no circumstances whatsoever shall saproType be responsible for any other loss or damages whether direct or indirect and in particular it shall not be responsible for any consequential damages whatsoever.
- saproType cannot accept responsibility and wishes to be indemnified and the user agrees to indemnify saproType for and against any adverse or other consequence, deemed to arise from any accession of saproType or its representative, to a user’s request to provide any help or support for anything that is not strictly limited to the maintenance of saproType software.
- These Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
- No addition, amendment or variation to these Conditions as posted on the website at the time of placement of an order shall be of any force or effect unless reduced to writing and signed by or on behalf of saproType and the Customer.
- Updating of these Terms and Conditions
saproType reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates
- Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. saproType make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither saproType nor any holding company, affiliate or subsidiary of saproType, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if saproType is expressly advised thereof.
- Copyright and Intellectual Property Rights
saproType provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by
saproType, its affiliates and/or subsidiary, or any other third party owners of such content, . All such proprietary works, and the compilation of the proprietary works, are copyright the saproType, its affiliates or subsidiary, or any other third party owner of such rights and is protected by South African and international copyright laws. saproType reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User or Customer is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content. These Copyright and Intellectual Property rights and protections extend to any other saproType documentation, logos, uploads, audio files, customised software or intellectual property which may become accessible elsewhere or in the ordinary course of any other form of interaction, correspondence or communication with saproType. saproType reserves the right to protect its proprietary interests and to seek the appropriate damages or relief for any violation of its Copyright , Intellectual Property Rights or Proprietary interests.