The following terms and conditions govern how BGPS operates and are applicable to all services. Where any conflict exists between the terms and conditions detailed here and those issued by you, these terms will be deemed as supreme. For a contract to exist, you must accept these terms and conditons as shown here regardless of your own conditions (if any) unless agreed in writing.
1. Definitions
“I”, “Me”, “My” “Myself”, “B. Gamblin”, “Ben Gamblin”, “BGPS”, “BG Professional Services”, “Ben Gamblin Professional Services”, : Benjamin Gamblin of Union House, 111 New Union Street, Coventry, CV1 2NT, trading as Ben Gamblin Professional Services (BG Professional Services; BGPS), British Male Voice, and Transcribe My Media; a sole trader and freelancer providing professional services including (but not limited to) voice over recordings, audio services, transcription services and other administrative or office services.
“You”, “Your”, “Customer”, “Client”, “Buyer”: The person, persons, company, organisation or other legal entity who enters into an agreement with BGPS to obtain provided services.
“Website”, “Site”: Pages and content, in any media including (but not limited to) text, images, sound or video; displayed or otherwise made available at any of the following web domains (including any and all sub-domains):
- bgprofessional.co.uk
- britishmalevoice.co.uk
- transcribemymedia.co.uk
“Hourly Rate”: The amount charged for “by-the-hour” services and used for refund calculations in the event of a project cancellation. The Hourly Rate may be reviewed annually and adjusted in line with inflation. The current value of the Hourly Rate is £25.00.
“Contract”: The agreement formed to provide services, applicable to the lifetime of the requested services only.
2. Business Status
BGPS operates from and under the jurisdiction of the United Kingdom, as a self-employed sole trader and freelancer.
Operating under the required threshold, BGPS is not registered for Value Added Tax (“VAT”). VAT will not feature on any quotation or invoice. Services resulting in the creation of custom electronic products (audio files, documents etc.) are not covered under the definitions of e-services for the purposes of the EU VAT regulations in effect from 2015. Where pre-created media is offered for purchase with immediate download through automated processes, those sales are conducted through a marketplace provider who is responsible for handling VAT.
When you commission BGPS to provide a service or services, you are not hiring an employee, agent, nor partner. Neither you nor BGPS have any obligations to the other with respect to employment rights. You may not commission BGPS to work exclusively on your project(s) alone.
BGPS is responsible for personal taxation obligations under HMRC self-assessment rules.
The working relationship between BGPS and you will be governed as per these Terms and Conditions on a Business to Business (B2B), Business to Consumer (B2C) or freelancer basis.
3. Use of the Website, Website Privacy, Copyright and Intellectual Property
Website Disclaimer
While every attempt is made to ensure the contents of the Website are accurate and up-to-date, no warranty is made to that effect. BGPS reserves the right to withdraw any published offer or service at any time and without notification, liability, or obligation.
No guarantee is made as to the availability of the Website and its functionality. BGPS reserves the right to withdraw access to the Website or any part of the Website for any reason and without notification, liability, or obligation.
No responsibility is taken for the content of any third party website whether linked to or embedded.
Website Privacy
Whilst using the Website, certain information may be transmitted including your IP address, identification of operating system, and identification of browser. This is part of the standard way in which web browsers make requests to any website. Such data may be used to collect statistical information regarding the use of the Website, but cannot and will not be used to identify users personally. You may be able to take measures to restrict the information sent (search online for advice on changing your useragent) but certain data must be sent in order for the Web to function.
Cookies (small files used to identify your browsing session) may be set on your machine for the purpose of statistical analysis and for the operation of certain Website functions (e.g., an electronic shop/store or saving user preferences). You may block the use of Cookies but doing so may cause operational problems with the Website. You will be asked when first visiting the Website whether you consent to the use of cookies. If you decline consent to set cookies, block the creation of cookies at the browser level, or later delete any stored cookies, BGPS cannot accept responsibility for any functional failures on the Website that may then occur.
Intellectual Property and Copyright
Except where stated, the copyright and intellectual property for the content displayed (or otherwise made available) on the Website is owned by BGPS and may not be used without expressed written permission. Where any third party content is used, this is done so under the terms of licence from that third party. It may not then be re-used without the permission of the owner under their terms.
Where you submit content intended for public display (for example, but not limited to, public testimonials), You grant BGPS perpetual and irrevocable non-exclusive worldwide publication and distribution rights to that content.
4. Data Security and General Privacy
Any information you supply to BGPS via any channel will only be used for the purpose of conducting business with you. At the conclusion a project, unless requested otherwise by you or as otherwise excluded by the nature of the project or law, relevant data will be deleted from BGPS systems.
Where you explicitly opt-in to granting permission (by any channel including, but not limited to, the Website, telephone, online and offline surveys, social media, other third party), BGPS may contact you from time-to-time regarding details of offers, services, or updates which may be of interest to you. You may change your mind and opt-out at any time, and this permission will be reviewed at least annually. Where you do not renew your opt-in permission, your details will be removed from the mailing list.
In the course of conducting business, data and media you provide, and data and media created by BGPS, may be privately stored on third party commercial private data storage servers (“Cloud Storage”) for the purpose of distributing files from BGPS to you, or vice-versa, and for off-site backup purposes. The service or services chosen for this purpose will have appropriate data security policies and procedures in place.
Your information will not be disclosed to any third party except if required under the law and jurisdiction of the United Kingdom (“UK”).
The information you supply in the course of conducting business will only be held by BGPS for as long as legally required under UK law.
BGPS is registered with the Information Commissioner’s Office as a Data Controller under the Data Protection Act and General Data Protection Regulations (GDPR), registration number: ZA035992.
5. Quotations, Offers, Contracts, and Purchase Orders & Buyer Terms
Quotations
Quotations are valid for thirty (30) days from the date of issue and are created solely from the information provided. Any amendments to the specifications of a job may incur additional fees or otherwise render the quotation void.
Except where the specification of a job changes after quotation, the price quoted is the amount you will pay. There are no hidden charges.
Quotations shall not on their own be considered as a binding contract to provide a service. Any service provision offered in such a document may be withdrawn at any time up to the point where a contract is formally established (see below).
Offers (Promotions and Discounts)
From time-to-time, BGPS may issue promotions and/or discounts (herein known as the “Offer” or “Offers”) which can be applied to a quotation request by the use of an “Offer Code” or may be made available through other means. The Terms and Conditions of an Offer shall be read as if included in this document. BGPS reserves the right not to honour any Offer where the Offer Code has not been quoted by you, or any other condition of the Offer has not been met.
Where a custom discount is offered, it shall only apply on the basis of the job specification provided. Any amendment to that specification (be that an increase or reduction in requirements) shall render the discount offered as void. Custom discounts only apply to the specific job in question and not to any future project (unless specifically stated as part of the offer).
Where any Offer or custom discount is provided on a time-limited basis, BGPS reserves the right not to honour that Offer or discount beyond the specified time limit.
Establishment of a Contract
Where no explicit agreement already exists, the right to refuse without liability any new commission regardless of project size, immediacy/urgency, prior dealing, or any other consideration for any reason (except as limited by law) is reserved.
No contract shall exist where BGPS has not explicitly confirmed in writing (including via email) acceptance to provide the required service. A contract for the provision of a service or services shall exist between BGPS and you only when…
- you explicitly instruct BGPS in writing (including via email) to undertake such a service, and BGPS acknowledges and accepts that instruction in writing (including via email) – this includes your acceptance of a quotation which BGPS must acknowledge in writing (including via email);
- or, BGPS follows-up a verbal agreement in writing (including via email) confirming the acceptance to provide a service or services;
- or, payment for the service or services is made in advance, after agreement with BGPS;
- AND, in the event that you have issued prior notice that you are required to issue a purchase order for the procurement of the service, that purchase order has been issued and acknowledged (see “Purchase Orders and Buyer Conditions”, below).
- AND, in any of the above cases, when you have provided the necessary resources to conduct the service (for example, but not limited to, a voiceover script; media to transcribe etc.);
- AND, in any of the above cases, you agree to be bound by these terms and conditions (which supercede any terms and conditions issued by you, if applicable).
For the avoidance of doubt, quotation requests are not considered to be explicit instructions to provide a service and no contract shall exist at the point when you make a quotation request (regardless of the manner of that request), nor when a quotation is issued.
Purchase Orders and Buyer Conditions
Where you issue BGPS with a purchase order, the same conditions for the establishment of a contract exist as given above. There shall be no obligation on BGPS to provide a service to you unless and until that acceptance has been communicated to you by BGPS in writing. If for any reason you do not hear from BGPS in response to a purchase order, then no contract exists. In this case you shall have no expectation of service provision and BGPS accepts no liability for not providing the service ordered.
A purchase order is not a requirement of BGPS in order for a contract to be established. It is your responsibility as the buyer to inform BGPS should your purchasing procedures require the use a purchase order. In the event that you enter into an agreement for service provision (as defined above) and have not informed BGPS of a need to issue a purchase order, the assumption shall be that one is not required. The absence of a purchase order, or purchase order number on an invoice, shall not invalidate any invoice issued by BGPS.
Any terms or conditions issued from you at any time and in any format shall only be considered after the BGPS terms and conditions given here. These conditions are supreme and overrule any areas of conflict. No contract shall exist where you do not accept these terms and conditions and their supremacy over other terms and conditions. For the avoidance of doubt, the order of application for terms and conditions is as follows:
- These terms and conditions as published at bgprofessional.co.uk/terms.
- Buyer terms and conditions printed on a purchase order, only where they do not conflict with (1).
- Buyer terms and conditions attached with a purchase order, only where they do not conflict with (1) and (2).
- Any other terms and conditions from you, the buyer, (e.g., as displayed on a website), only where they do not conflict with (1), (2), and (3).
6. Invoicing, Deposits, and Payments
With the exception of private clients (i.e., individuals, not organisations), Retentions, when otherwise requested by you, and as detailed below, full payment will not be due until the completion of the job.
Private clients (i.e., individuals not associated and acting on behalf of an organisation, company, etc.) with no established history may be required to pay in advance for services. This requirement may be dropped for established clients, at the sole discretion of BGPS.
Any new client not classed as a private client (as above) and with no established history may be required to pay 15% of the quoted total (or a value equating to 30 minutes work for by-the-hour services) or £5.00 – whichever is greater – before the commencement of work as a non-refundable deposit.
Any client with a poor payment history may be required to pay in advance of services being delivered. Once the client has established prompt payment practices, this requirement may be relaxed to the same status as a new customer. Further demonstrations of prompt payments may mean the client reverts to standard payment terms.
Extended jobs (as determined at the discretion of BGPS) may be broken down into “milestones”. An invoice will be raised upon the conclusion of one milestone and should be paid before the next milestone commences.
All invoices are sent electronically via email. Paper hard-copy invoices are not available.
Invoice terms are strictly fourteen (14) days from the date of issue.
If you require a purchase order number to be shown on the invoice, it is your responsibility to communicate that requirement by issuing a purchase order ahead of the agreement of a contract. Where no purchase order has been communicated, the assumption will be one is not required by you. In the event that you have not communicated the need for a purchase order nor provided a purchase order number before an invoice is raised but one is required, the absence of that purchase order or purchase order number will not invalidate the invoice which will remain due as per these terms. See Purchase Orders and Buyer Conditions, above.
Where a client has one or more overdue invoices against their account, further services may be withheld until those invoices are paid. This includes placing extended jobs on hold until outstanding payments are made, a situation that shall only occur following a written (via email) warning of withdrawal of service. In such a situation BGPS accepts no liability with regard to any loss or damages caused by the provision of a delayed service and the client shall not be entitled to a reduction in fees except as may be available in the event of a formal project cancellation (see “Cancellations”, below).
Where an invoice remains unpaid; from thirty (30) days after the due date until the payment is made, interest charges shall be applied to the total debt at an annual rate of 8% + reference rate. The reference rate is determined as the Bank of England Base Rate as at the most recent of 01 January and 01 June in the applicable year.
Continued failure to pay aged invoices may result in further action being taken to recover the debt. This may include referral to a debt recovery agency or court action. The costs of any such action will be passed to you.
7. Cancellations, Refunds, and Liability
Cancellations by the Client
Should you need to cancel a project, you can do so. However, cancellations are subject to an administration charge (“Admin Charge”) and other costs depending on how much work has already progressed. Charges are detailed in the table, below.
The Admin Charge shall be calculated as fifteen percent (15%) of the quoted total service cost, capped at one hour at the Hourly Rate, with a minimum charge of £10.00.
| Project Type | When Cancelled | Charges Due |
|---|---|---|
| Fixed Price | Before commencement of work | Admin Charge. |
| Fixed Price | Work commenced but not concluded | The greater of: the Admin Charge, or costs for the work done so far. Where work done so far cannot be delivered, this charge shall be capped at a maximum of 75% of the quoted total. Where work done so far can be delivered and you choose to accept that work, this charge is uncapped. |
| Fixed Price | Work concluded | Cancellation is not available. The full project amount is due. |
| By the Hour | Before commencement of work | Admin Charge. |
| By the Hour | Work commenced but not concluded | The greater of: the Admin Charge, or costs for the time spent on the project so far at the standard Hourly Rate (or quoted hourly rate, if this differs). |
| By the Hour | Work concluded | Cancellation is not available. The full project amount is due. |
Cancellation examples
Please note: any prices or rates given here are used solely for the purpose of demonstration and are not indicative of current rates.
- A client is quoted a fixed price of £200.00 for a service. A contract has been formally established and work has started. The client later requests a cancellation but five hours of work has already been undertaken. At the time this example was written, the Hourly Rate was £25.00 (see Definitions, above, for the current value). Therefore, the cancellation is approved but a charge of £125.00 remains due for the time spent on the project.
- A client is quoted a fixed price of 80p per minute for the transcription of sixty audio minutes (£48.00). After the establishment of a contract, a cancellation is requested, but fifty minutes of the transcription has already been completed. Fifty minutes at the quoted rate of 80p per audio minute equates to a charge of £40.00. As this is greater than seventy-five percent of the quoted total, the amount could be capped at £36.00 with no work delivered. However, the client chooses to accept what has been done so far, in which case the charge due is £40.00.
- A client has been quoted a fixed price of £75.00 for a service. A contract has been formally established but the client quickly cancels before work has commenced. An Admin Charge totalling £11.25 (15% of the quoted price) becomes due to the client.
- A client has been offered a By The Hour rate for a service. A contract has been formally established and work has commenced. The client cancels the project after BGPS has worked on the service for 150 minutes. At the Hourly Rate, this equates to a charge due of £62.50.
Cancellations are not available for pre-paid services in the Shop where payment has already been made, with the exception of where BGPS is unexpectedly unable to deliver the agreed service (see “Cancellation by BGPS”, below)
Cancellation by BGPS e.g., Sickness
In the event of sickness, injury, or any other incidence that impacts the ability of BGPS to deliver an agreed service by your deadline date, the following options will be made available:
- To cancel the service with no delivery. In the event that money has been paid for the service, You will be issued a refund as soon as possible (for example, after recovery).
- To cancel the service accepting work done so far. Where money has been paid for a full service, a partial refund will be offered as soon as possible (for example, after recovery). Where money has not been paid, you will be invoiced only for the work completed to date.
- To postpone the service. The project will continue after recovery. Where a revised later deadline date is required, a one-off discount of 20% will be offered.
Every effort will always be made to keep in direct contact with you via email or WhatsApp and this will always be the first choice for informing you of any issues. However, depending on the nature of an incident that has impacted on the ability of BGPS to provide a service, direct contact may not always be possible. In the very unlikely event of an emergency situation or the ability to communicate is hampered for whatever reason, there is a priority order for sending out general notifications, as follows:
- Facebook (fb.me/bgprofessional) – This allows a minimal friction means to send an announcement to a broad audience. Ideally this will be done in addition to any other social media platforms that may be used at the time.
- Website service status – Again, this offers a route to notify a broad audience of an issue. You are advised to check the Website regularly, particularly during the course of any active projects.
- Individual emails or WhatsApp messages – Where possible, you will be contacted directly to be advised of the situation. This may be through a general mailing or personal message. Whilst this offers the best customer experience, in an emergency it is also the most onerous contact method when dealing with multiple clients, hence it is deprioritised versus social media and the website.
Other Cancellations
Projects will be cancelled by BGPS in the event that you have…
- not provided the required resources in order to commence a service in time for it to be completed by an agreed deadline; and/or
- you have not responded to communications within a reasonable time.
You will be notified ahead of the cancellation that this action is imminent in order to provide you with a final opportunity to rectify any issues, after which you will be further notified by email of the cancellation. Once the project is cancelled as indicated by that email notification, BGPS will accept no liability nor ongoing obligation to you. In the event that you still require the service to be provided, you may make enquiries to book a new service, subject to availability.
Limitation of Liability
BGPS shall not be liable for any costs or losses incurred to the buyer beyond the agreed cost of service provision in the event that it is not possible to carry out said service provision due to personal injury, illness, death (or the same for any extended family member), technical or environmental circumstances outside of the control of BGPS. In such an event, this cancellation policy shall apply. At all other times, BGPS warrants to undertake all reasonable efforts to conduct the agreed service to a high standard of quality and to communicated deadlines, in so far as can be reasonably expected for the nature of that service, but accepts no further liability for costs or losses to the buyer incurred through limitations within the nature of the service that would be beyond reasonable expectation to resolve (for example, but not limited to, decoding inaudible speech in an audio file to be transcribed).
8. Bookings and Retentions
Bookings
Where bookings are offered on a fixed-price basis, they shall only be confirmed on receipt of the advertised or quoted fee (“Booking Fee“).
No additional charges shall be made for projects completed that would normally be charged at a value equal to or less than the Booking Fee. Where the normal cost of the project is less than the Booking Fee, no refund will be available for the difference, nor shall the difference be carried over in credit for any future project.
Where the cost of the project exceeds the Booking Fee, You will be invoiced as normal but the Booking Fee will be deducted from that cost.
Retentions
Whilst any client may request a retention agreement or booking, these are agreed solely at the discretion of BGPS, strictly subject to availability on a non-exclusive basis.
Where retentions are offered on a cost-per-hour basis, retention fees are calculated on the estimated required number of hours to be worked over the agreed period, using the current Hourly Rate.
Retention invoices are due in advance of services being provided.
With the exception of expenses, no additional charges will be made for work conducted up-to the number of hours specified in the retention agreement.
Where the number of hours worked exceeds those agreed in the retention agreement, additional charges will be made at the standard Hourly Rate. These will be charged by regular invoice arrangements at the end of the month or at the end of the retention period (whichever occurs first).
No refunds are issued for time that is unused. Where the number of hours worked is fewer than as stated in the retention agreement, you will lose that time.
9. By the Hour Services
The provision of any service charged on the basis of an hourly rate is at the discretion of BGPS. Where this is agreed, services will be charged at the Hourly Rate, in units of five minutes (rounded up).
A minimum charge of thirty (30) minutes shall apply to all “by-the-hour” jobs.
General invoices for by-the-hour jobs shall be raised at the conclusion of the job, except where at the end of a calendar month the project is still active, in which case an invoice shall be raised at the end of each month to cover the work conducted during that same month which has not otherwise been invoiced.
Usual Payments terms apply.
10. Additional Terms
You have no right to visit any premises used by and under the control of BGPS for conducting services without expressed agreement. Such agreement shall only be approved on good and exceptional reasons and where a request is made at a minimum of twenty-eight (28) days in advance (excluding weekends and bank holidays). For the avoidance of doubt, the published address of BGPS is a mailing address only not used for the purpose of conducting services and does not accept visitors.
11. SERVICE SPECIFIC – Voiceover Recordings
General
Dependent on the chosen grade of service, tone-marked MP3 files (“evaluation files”) may be used for the purpose of allowing you to evaluate and comment on a recording. You are not permitted to make use of these files for any other purpose without the expressed and written agreement of BGPS.
Final audio is provided in 320kbps, 16 bit, 44.1kHz MP3 (“MP3“) or 16 bit, 44.1kHz PCM WAV (“WAV“) format depending on the chosen grade of service. Where a choice of file format is offered and you do not indicate a preference, the WAV format will be provided. Your choice of format is final and BGPS shall not be liable to provide you with an alternative once the job is concluded.
Where you require an alternative audio format to the default offering, this may be provided only by prior agreement.
Final audio will be issued subject to the terms of the Licence Agreement which shall be binding and read as part of these Terms and Conditions.
The delivery of final audio shall mark the conclusion of the job. Any outstanding fees shall become due at this time.
Where music or audio effects are used and these have been sourced by BGPS; you shall have no ownership over, nor will you be supplied with, original music or effects files. Music and effects shall be used on a non-exclusive basis. Where additional limitations or terms of usee are required by the creator or licensor of such media, those terms will be communicated to you before such media is employed in the project. Where you agree to use said media, those additional terms will be binding and read as part of these Terms and Conditions.
Scripts
You are responsible for the content of your script, including ensuring all necessary rights are cleared in order for you to authorise BGPS to proceed with a recording. Unless otherwise agreed and subject to additional fees, you are also required to ensure any script clearances necessary are obtained in order to permit BGPS to use recordings in portfolios – including public web-based publication.
Where you revise a script down in length after an initial recording has been made, the quoted cost will only be reduced by 50% of the difference between the original quoted cost and the cost of your revised script if it were quoted as a new job. The shortening of a script following the creation of at least one audio recording of the same shall only be accepted once. Whilst further script cuts can be requested, they will have no impact on the amount to be charged.
Where you increase the length of a script at any time after the commencement of the job prior to it’s conclusion, the additional word count shall be liable to incur charges to the value not exceeding that as if the revised or new script were quoted in a new job.
Corrections
The provision of Evaluation Files is to permit you to request amendments prior to the completion of a job and the supply of high quality audio. You may request a full re-record or minor edits based on an Evaluation File, but upon the conclusion of the job further amendments shall become chargeable.
Unless otherwise agreed in writing, a maximum of three full re-records and a maximum of ten (10) minor edits may be requested by you before the conclusion of the job. This limitation is counted against the entire project and does not reset with each new evaluation file.
A charge may be applied for further edits beyond those included (above) where the requirement to conduct the edit is not due to an error by BGPS. The definition of an “error by BGPS” shall be limited to: obvious pronunciation mistakes (i.e., excluding the pronunciation of unfamiliar proper names, industry jargon etc. where the correct pronunciation has not been communicated), controllable audio glitches or other off-microphone sounds, misreads of the script, and/or failure to adhere to an instruction. It shall not include: script amendments, requests to read the script (or parts of the script) in a different style where not previously instructed, or any other requests/instructions where they were not previously communicated.
For the avoidance of doubt, regardless of the number of re-records and edits that you request, you will ultimately only be supplied with one high quality recording unless otherwise agreed in writing.
In certain situations and at the discretion of BGPS, it may be agreed that the use of evaluation media be waived and high quality audio will be supplied from the offset. In this case, you will be granted a period of ten (10) working days in which to request any amendments after which the job will be closed. Amendments after this period will be charged as a new job. The limitation on the number of re-records and/or edits as stated above shall still apply, and unless specifically agreed, you will only be granted licence to use the latest copy of the high quality audio. Working days are defined as those normally and regularly available for work and exclude booked holidays and regular non-working days. Specifics applicable at the time of your project can be made available on request.
Prepaid Packaged Voiceover Service (Very Simple Voiceover)
At the moment of purchase, you declare that the script you have provided is correct and you acknowledge that the recording which will be delivered to you will reflect the script that you have provided. BGPS will not deviate from that script and is not responsible for any errors in the content.
All recordings are final.
Recordings purchased through this service are excluded from the Corrections provisions detailed above. No amendments can be requested except in the event of making a new purchase or request for a regular service.
Purchases made through this service are excluded from the Refunds and Cancellations provisions. Refunds shall only be offered in the following circumstances where the service has already been accepted and paid. Note though that in normal circumstances, for most of the following situations, the job would not be accepted and payment would not taken:
- Where the provided script is wholly or partly in a language other than English;
- Where BGPS is unable to meet the deadline of the service;
- Where BGPS objects to the script on moral grounds;
- Where the script provided features or promotes anything illegal under the laws of the United Kingdom, or features or promotes anything illegal in the jurisdiction of the target audience;
- Where the script has been provided in breach of copyright law.
This service shall only be provided upon receipt of the indicated fee through PayPal or other nominated payment processor as presented to you at the time of purchase. No contract or agreement exists prior to payment being received.
The Service Level Agreement (SLA) timer shall only commence once payment has been received.
Recordings will be delivered in 320kbps MP3 format. No other format will be provided.
Final audio will be issued subject to the terms of the Licence Agreement which shall be binding and read as part of these Terms and Conditions.
12. SERVICE SPECIFIC – Media Transcriptions
You are responsible for ensuring that any required rights are cleared in order to legally transfer audio files to BGPS for the purpose of transcription.
All media pertaining to the nature of a transcription (including audio media and transcribed documentation) shall be held in the strictest confidence.
Unless specifically requested by you, all media relating to a particular transcription shall be deleted from BGPS systems no sooner than twenty-four (24) hours and no later than forty-eight (48) hours after delivery of the completed transcription to you.
You are responsible for the security of media when conducting a transfer to me. I shall not be liable for any loss or damages incurred as a result of a breach in security arising by you choosing to use insecure methods of transfer including (but not limited to) standard postal services, email and casual file sharing websites.
Where I offer either an insecure means of transfer or recommend a third party platform as being the only practical method for you to send media to me, you acknowledge the risks inherent in transferring via that medium and agree that I shall not be held liable for any loss or damages incurred as a result of a breach in security.
Only English language audio shall be transcribed. Foreign language audio will be indicated in the resulting document, but not transcribed.
Where audio is unclear, that audio will not be transcribed although it will be indicated. This could be due to ambient noise, multiple speakers, poor quality audio recording equipment, poor positioning of microphones relative to speakers, or any other reason. BGPS shall not be held liable for any loss or damages that may arise due to errors and inaccuracies nor from the omission of information on a transcription caused by unclear audio. It is your responsibility to check the accuracy of a transcription.
BGPS shall not be held liable for any loss or damages incurred to physical media (including but not limited to: audio tapes, video tapes, minidiscs, CDs, DVDs, Blu-Ray discs, USB memory sticks, memory cards, magnetic or solid state hard drives) caused during postal transit or by playback hardware.
All transcriptions are charged strictly by audio minute, rounded up to the minute.
With the exception of where you indicate prior to the commencement of work any audio segments that should not be transcribed; the charge made shall be calculated upon the duration of audio as reported in media playback software or hardware; rounded up to the nearest minute.