Terms of service

Last modified on March 13, 2019.

Same Day Transcriptions’s services and technology are provided by Same Day Transcriptions, Inc., dba ResearchTranscriptions.com (“SDT,” “RTC” or “we”), located at 11523 Palmbrush Trail, #102, Lakewood Ranch, FL 34202, United States.

By using our Service, you agree to these terms. Please read them carefully.

1. DEFINITIONS

“You” means you as an individual, or if applicable, the company or other legal entity you represent.

“Users” means visitors to this website or the Service who are not registered users.

“Customers” means visitors who are also registered users of the Service that seek to use the Services.

“Transcriptionists” mean third parties who engage with Same Day Transcriptions and Customer to provide transcription services as contractors of Same Day Transcriptions (not employees).

“Service” means all the Same Day Transcriptions and Researchtranscriptions.com website properties, file transmission systems, services, apps, related technology, and the transcription services provided to Customers by Transcriptionists.

“Orders” means any order for Services created by a Customer, and accepted by Same Day Transcriptions via acknowledgement in the Platform or otherwise in email or in writing.

“Client Materials” means the source content (whether audio files or other) for transcription by the Service, and any guidelines, glossary and other materials provided by Customer.

“Transcribed Works” means the content transcribed from the Client Materials.
“Same Day Transcriptions Quality Process” is located at accurate-transcription-services/

“Quality Levels” are defined and described in the Same Day Transcriptions Quality Policy.

“Platform” means Same Day Transcriptions’ online portal and platform where you can access your Same Day Transcriptions Account, initiate Orders and access the Service.

“TOS” means these Same Day Transcriptions Terms of Service and any policies, guidelines, or other documents referenced herein.

“Same Day Transcriptions Affiliates” means any company or entity worldwide including, without limitation, corporations, partnerships, joint ventures, and limited liability companies in which Same Day Transcriptions directly or indirectly holds at least a 50% ownership, equity, or financial interest, including but not limited to its dba entity, ResearchTranscriptions.com and its sister company, EHR Transcriptions (100% ownership).

2. USING OUR SERVICES

If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the legal authority to bind the legal entity to this TOS, in which case “You” or “Your” means that entity. If You do not have this authority, or if You do not agree with the terms and conditions of this TOS, and You may not use the Service or any Service related materials. You represent that you are 18 years of age, or of the age of majority in your place of residence or jurisdiction.

You agree to:

  • Be responsible for the activity that happens in connection with your Same Day Transcriptions account
  • Keep your password confidential
  • Comply with any policies made available to you by Same Day Transcriptions
  • Not abuse or conduct illegal activity using our Service
  • Not contact or attempt to contact Transcriptionists outside of the Platform that Same Day Transcriptions provides for communication
  • Not defame or harass Same Day Transcriptions, or its employees, contractors, Customers, or Transcriptionists
  • Not create multiple Same Day Transcriptions accounts for any reason

Same Day Transcriptions may suspend or terminate your access to the Service or an Order if you do not comply with this TOS or if we suspect misconduct, fraudulent activities or payment, or a violation of this TOS, with or without notice.

Same Day Transcriptions may modify or suspend the Platform or Service, at any time for any reason.

If You are a Transcriptionist, or applying to become a Transcriptionist, this TOS also applies to You. Approved Transcriptionists are also subject to the Same Day Transcriptions Transcriptionist Agreement (separate document).

3. ORDERS, APPROVAL, RETURN POLICY

Account and Credits. Before initiating an Order, You must first register as a Customer and create a Same Day Transcriptions account. You agree to keep all account information updated and accurate at all times. Any personal information you provide will be subject to the Same Day Transcriptions Privacy Policy.

Payment. Unless alternative payment terms are made for monthly billing, fees are charged to the credit card on file immediately upon the submission of work (when audio files are uploaded to the Same Day Transcriptions online system). Work will not start until fees has successfully been processed on the credit card registered by Customer. Fees payable for work are set forth in the email that Customer receives from Same Day Transcripitons prior to initiation of service. Any changes to fees payable may only occur through agreement of both parties through email.

Payment to Same Day Transcriptions must be made in cleared funds, without any deduction or set-off and free and clear of and without deduction for or on account of any taxes, levies, imports, duties, charges, fees and withholdings of any nature now or hereafter imposed by any governmental, fiscal or other authority save as required by law. If you are compelled to make any such deduction, you will pay Same Day Transcriptions any additional amounts as are necessary to ensure receipt by Same Day Transcriptions of the full amount it would have received but for the deduction.

Order. Customer can initiate an Order by providing all the required information via the Platform, as permitted on the site.

Client Materials. Customer is responsible for providing the Client Materials (audio files and any necessary collateral information) to be transcribed, materials describing the context of the transcription, and any other necessary materials (glossary guide, etc.) when placing the Order. Same Day Transcriptions may make recommendations on which source materials and in what format to provide source materials, but ultimately the quality of the results will depend on the clarity, accuracy, and comprehensiveness of the Customer’s source materials and instructions provided.

All audio files submitted for transcription are payable. Client is responsible for the submission of files that they would like transcribed, and to prevent the duplicate submission of audio. In the event that the same audio file is submitted for processing twice, Client is responsible for paying for the job done twice.

Cancellations. Customer can cancel any Order if the project has not yet been engaged by a Transcriptionist. It is not uncommon for an Order to be engaged by a Transcriptionist immediately after the Order is placed. To attempt to cancel an Order, Customer may contact Same Day Transcriptions customer support directly at trueservice@samedaytranscriptions.com. If the Order has been started by a Transcriptionist, the Order cannot be cancelled and there will be no refund of fees paid.

Delivery of Transcribed Works. Same Day Transcriptions cannot guarantee turnaround times on work submitted without at least seven days’ prior notice (advance scheduling).

Same Day Transcriptions gives an estimated time for Service completion, but cannot guarantee an exact delivery time. We will email you when the Transcribed Work is complete. Unless otherwise expressly agreed by Same Day Transcriptions, time is not of the essence for delivery or performance, and no delay shall entitle you to reject any delivery.

Approval or Rejection. Upon Same Day Transcriptions’ notification of delivery of the Transcribed Works, Customer will have strictly 168 hours to review the Transcribed Works. If Customer does not notify Same Day Transcriptions of a quality concern within the 168-hour review period, the Transcribed Works will be deemed “Approved” and the Transcriptionist will be paid for the Transcribed Works. Once “Approved”, no alterations, revisions, or refunds of the Transcribed Works will be provided.

Due to the nature of language transcription and the inconsistency of audio quality, it is not possible to guarantee a specific quality level. Customers may reject the Transcribed Works within the 168-hour review period provided that the audio was recorded in a private setting and participants can be heard clearly. We will perform a quality audit and respond within three hours of the request for reproofing. If Same Day Transcriptions determines that the Transcribed Works that you have rejected did not meet the quality level specified in the Order, then Same Day Transcriptions will reproof the work at no additional charge.

Same Day Transcriptions’ liability will be limited to correcting the errors or providing refund.

Disclaimer. You agree to review any Transcribed Works before making such content public, and you expressly agree that Same Day Transcriptions will not have any liability or indemnity obligations to you based on the Transcribed Works if you fail to do so.

4. U.S.-BASED TRANSCRIPTIONISTS; CONTRACTORS.

Same Day Transcriptions may use and retain third party contractors (such as Transcriptionists) to provide the Service to you. All transcriptionists are based in the United States. As such, you agree that Same Day Transcriptions may sublicense its rights under this TOS to third parties to act on Same Day Transcriptions’s behalf, provided that such third parties are contractually bound by terms no less protective of Customer than this TOS and all contractors are located in the United States. Same Day Transcriptions is solely responsible for paying and resolving all disputes with third party contractors and Transcriptionists.

5. CLIENT MATERIALS DISCLOSURE

We disclose the Client Materials to potential Transcriptionists and contractors, in order to provide you the service and as set forth in Section 6 below.

6. INTELLECTUAL PROPERTY

All intellectual property rights in the Transcribed Works will be assigned to Customer upon Customer’s Approval of the Transcribed Works and Your compliance with this TOS.
The trademarks, names, logos and service marks (collectively “Trademarks”) such as “Same Day Transcriptions” and “Researchtranscriptions.com,” are trademarks of Same Day Transcriptions, Inc. Nothing contained in this TOS shall be construed as granting any license or right to use any Trademark without Same Day Transcriptions’ prior written permission. The content on the Service is protected by intellectual property laws and may not be copied, distributed, modified, published, or transmitted in any manner.

Third party content and trademarks displayed on the Service are owned by their respective owners and may not be reproduced in whole, or in part, without the express written permission of the owner.

Same Day Transcriptions will not share your work materials with any third party for any reason, unless required by law to do so.

If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

7. THE SOFTWARE IN OUR SERVICE

The Service may include APIs or software (“Same Day Transcriptions Materials”) to facilitate your use of the Service and is deemed a part of the Service. If you choose to use such Same Day Transcriptions Materials, Same Day Transcriptions grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Same Day Transcriptions Materials for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Same Day Transcriptions, in the manner permitted by these terms. You may not copy, modify, distribute, sell, reverse engineer or lease any part of our Service or Same Day Transcriptions Materials, nor may you reverse engineer or attempt to extract the source code of the Service or Same Day Transcriptions Materials. Same Day Transcriptions does not guarantee the availability or performance of the Same Day Transcriptions Materials. Your access or use may be limited or suspended at any time.

8. WARRANTIES AND DISCLAIMERS

Customer represents and warrants that it has all necessary right, title, and interest in the Client Materials, and that the Client Materials will not and do not infringe or violate any third party’s rights, do not violate any law, and do not contain any offensive or unacceptable content.

The Service and Transcribed Works are provided “AS IS.” OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER SAME DAY TRANSCRIPTIONS NOR ITS TRANSCRIPTIONISTS, CONTRACTORS, OR SUPPLIERS MAKE ANY SPECIFIC GUARANTEES ABOUT THE SERVICES. WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

9. INDEMNITY

Customer will indemnify and hold harmless Same Day Transcriptions, its affiliates, current and past directors, officers, and employees from and against any and all claims, taxes, losses, damages, liabilities, judgments, settlements, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (1) Customer’s breach of any of its representations, warranties or obligations under this TOS; (2) Customer’s negligent, reckless or intentionally wrongful act or by its assistants, employees, contractors or agents; (3) Customer’s failure to perform its obligations or exercise its rights in accordance with all applicable laws, rules and regulations.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL EITHER PARTY OR ANY SAME DAY TRANSCRIPTIONS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS OR LOSS OF BUSINESS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER EITHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT WILL SAME DAY TRANSCRIPTIONS’S OR SAME DAY TRANSCRIPTIONS’S AFFILIATES’ LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE CUSTOMER TO SAME DAY TRANSCRIPTIONS DURING THE 12 MONTH PERIOD BEFORE THE EVENT GIVING RISE TO LIABILITY.

11. GENERAL

This Agreement is governed by the laws of the State of Florida, USA. Any claims or disputes shall be resolved in the state or federal courts located in Manatee County, California, USA.

Same Day Transcriptions may modify this TOS at any time. You should look at the terms regularly. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between the terms in this TOS and an Order, the Order will control for that conflict.

This TOS controls the relationship between Same Day Transcriptions and you. They do not create any third party beneficiary rights.

If you do not comply with this TOS, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

You may not assign, transfer, or delegate any portion of this Agreement without Same Day Transcriptions’s prior written consent. Same Day Transcriptions may assign, transfer, or delegate any portion of this Agreement with or without notice to You. Your attempt to assign, transfer, or delegate this Agreement without Same Day Transcriptions’ consent will be null and void.

12. Cookie Policy

By using our site, you agree to us placing these sorts of cookies on your device and accessing them when you visit the site in the future. If you want to delete any cookies that are already on your computer, the “help” section in your browser should provide instructions on how to locate the file or directory that stores cookies. Please note that by deleting or disabling future cookies, your user experience may be affected and you might not be able to take advantage of certain functions of the Same Day Transcriptions site.