Client acknowledges that Verb8tm bills per hour of recorded audio and not on page count, number of characters, or work hours. To use the Services, you will be required to make one or more payments and provide Verb8tm information regarding your credit card or other payment details and information. You represent and warrant to Verb8tm that such information is true and that you are authorized to provide payment using your designated payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Verb8tm the amount that is specified for the Service as agreed or otherwise in accordance with this Agreement. You do not own the Work and are prohibited from using the Work in any way until payment for services has been rendered in full.
Verb8tm may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Verb8tm thirty (30) days after the mailing date of the invoice, or the Services may be suspended. Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection including attorney’s fees. If you dispute any charges you must let Verb8tm know in writing within twenty (20) days after the date that Verb8tm invoices you. We reserve the right to change Verb8tm’s prices. If Verb8tm does change prices, Verb8tm will provide notice of the change in email to you or on the website. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with your use of the Service or Site including all sales, use, value-added, or similar taxes.
Clients are responsible for an accurate and truthful description of the audio contained on the source materials provided to Verb8tm (“Source Material”). Regardless of Client’s description of the Source Material, in the event its description is inaccurate, the appropriate classification will be assessed by Verb8tm, including rates. If Verb8tm determines that its classification of any Source Material is different than the Client’s, it will notify the Client before proceeding with the Work.
Client also agrees and understands that audio characteristics might increase the price. Verb8tm provides a high accuracy rate for good audio. Good audio is any media that is clearly recorded in a controlled environment with minimal background noise and no media defects. While Verb8tm does its best to provide the most accurate transcript and captions possible per your accuracy requirements, regardless of the quality of audio, client should be aware that any audio that does not meet the previous criteria may impact the quality of the transcript or captions and cause it to drop in accuracy.
Verb8tm defines accuracy in the following ways for good audio: (1) words are spelled correctly; (2) phrases and sentences make sense as a standalone document; and (3) text is near exact replication of spoken words. We do not include unintended speech such as “ums”, “us”, and stuttered speech, unless directed by the client to do so.
The burden of proof rests with Client and Client realizes and accepts that judgment calls have to be made on punctuation, spellings, grammar, etc. Additionally, spoken language consists of run-on sentences and other grammatically incorrect text. Verb8tm does not correct grammar or proof-read material – it only transcribes what is on the Source Material.
All Source Materials are subject to Verb8tm’s acceptance, which it may exercise in its sole and absolute discretion. Verb8tm has the right to reject, in its sole and absolute discretion, any Source Material for any reason whatsoever, including without limitation that it is considered to be of such poor quality that: 1. transcription or captioning is not possible or 2. the project is beyond Verb8tm’s resources. If the audio quality of any Source Material appears to be different than the quality represented by Client, Verb8tm will contact Client and discuss this discrepancy and a possible increased rate. If the parties are unable to agree on the appropriate rate, Verb8tm may decline to work on the project and, in such case, all media files will be returned and no Work will be performed by Verb8tm.
Verb8tm will notify Client of any unanticipated issues with source media files before completing the Work. This applies to files that have a large number of unexpected inaudibles or perceived media file corruptions.
Client agrees to not hold Verb8tm liable for any loss or damages to or destruction of any source media files, including those that may occur in shipping or transmission electronically.
If deemed necessary, Client agrees to pay all shipping costs for submission and return of media files. Verb8tm offers Client different shipping options, but when one is not selected, Verb8tm will send Source Materials back to Client in the most cost-effective way possible (which will likely be the slowest way possible).