THIS AGREEMENT is made on the date user selects ACCEPT as evidenced by EZ Smart Database BETWEEN:
- (1) EZ Smart Transcription Solutions Limited a company registered in England and Wales under company number 5000718 whose registered office is at Edgebury House, 64 Edgebury, Chislehurst Kent, BR7 6JW (the Contractor); and
- (2) The owner or domain name owner, named email proprietor of the email to be registered on the (the Client))
The Client has agreed to use the Contractors online internet Transcription Service.
- 2 Definitions and interpretation
- 2.1 The following terms shall have the following meanings for the purposes of this agreement:
- 2.1.1 Commencement Date means date of this agreement;
- 2.1.2 Conditions means the provisions contained in clauses 4 to 9
- 2.1.3 Services means Transcription Service;
- 2.2 Headings contained in this agreement are for reference purposes only and should not be incorporated into this agreement and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
- 2.3 All agreements on the part of either of the parties which comprise more than one person or entity shall be joint and several and the neuter singular gender throughout this agreement shall include all genders and the plural and the successor in title to the parties.
- 3. The Clients obligations
In consideration of the services to be rendered by the Contractor under this agreement the Client agrees to pay the Contractor upon presentation of any invoice in respect of transcription services provided. The agreed price per
report will be as per the standard rate plus VAT or price quoted on the invoice.
- 3.1 To indemnify and keep indemnified the contractor against any and all loss damage or liability (whether criminal or civil) suffered and legal fees and costs incurred by the Client resulting from a breach of this agreement by the Client including:
- 3.2.1 any act neglect or default of the Clients employees or agents; or
- 3.2.2 breaches in respect of any matter arising from the supply of the Services resulting in any successful claim by any third party and to make the payments promptly without demand deduction or set-off;
- 4 No liability on part of the Contractor unless the Contractor in default
The Contractor shall not be liable to the Client for loss or damage to the Clients tangible property unless due obliged under the general law. Although the client will use its best endeavours to keep safe all uploaded and transcripbed information and data the Contractor will not be liable for any accidental loss of data or transcription errors whatsoever made when providing the transcription service to the client or any 3rd party. The Client is expected to proof-read and verify the transcription work before it is sent to any third parties and to indemnify the Client for any losses incurred resulting in a third party claim.
- 5 Data protection
- 5.1 The Client undertakes to the Contractor that it will comply with obligations equivalent to the obligations of a data controller under the provisions of the seventh data protection principle as set out in Schedule 1 of the Data Protection Act 1998.
- 5.2 In addition, the Contractor:
- 5.2.1 warrants that it has appropriate technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connected with this Agreement;
- 5.2.2 undertakes that it will act only on the instructions of the Client in relation to the processing of any personal data in connection with this Agreement; and
- 5.3 The obligations set out in this clause shall remain in force notwithstanding termination of this Agreement.
- 6 Warranty
Each of the parties warrants its power to enter into this agreement and has obtained all necessary approvals to do so. By pressing accept the client agrees to be bound by all terms and conditions in this agreement.