By and between Source Hub and The Customer. Reference here in to Customer shall be to a company, a business partnership, individual or sole trader to which Source Hub provides its products and services. The parties agree to the following, which shall apply during the term of this Customer Agreement. This Customer Agreement covers all products and services Customer has purchased or ordered, whether for its own use or for the use of its customers.
1.1 Source Hub acknowledges that by reason of its relationship with The Customer, it may have access to certain information and materials relating to the Customer's business, products, services, customers and marketing strategies that is confidential and of substantial value to the Customer, which value would be impaired if such information were disclosed to third parties.
1.2 Source Hub undertakes not to use in any way for its own account nor for the account of any third party, nor disclose to any third party such information or materials revealed to it by the Customer. No information provided by way of transcription will be stored on computers and any transcribed work and sound files shall be deleted upon instruction in writing or email from the Customer if it is required before the automatic 7 day deletion period.
PAYMENT FOR SERVICES
2.1 Work will be provided on a pre-paid monthly subscription i.e. payment on order of a monthly bundle of minutes of audio dictation, via credit card. That subscription is additional to the subscription for Client software.
2.2 The Customer authorizes Client to securely store and charge your credit card number or other payment method on file for your monthly subscription, on behalf of Source Hub. Your paid subscription will renew automatically monthly unless you cancel your paid subscription before the end of the current subscription period, you will be charged for the next period. Cancellation instructions can be found on your order confirmation email. All fees and charges are non-refundable and there are no refunds or credits for partially used periods.
2.3 Any remaining transcription minutes (supplied as part of your monthly subscription) expire at the end of each month
2.4 Additional services to the monthly service as well as annual contacts are available on request.
USE OF SERVICE
3.1 The Source Hub service is provided exclusively utilizing Client software.
3.2 Source Hub reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Source Hub will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
3.3 Source Hub will check through the work but you are responsible for final proofreading of any documents.
3.4 If full and clear instructions are not given, no responsibility can be taken for discrepancies whatsoever.
3.5 Source Hub products and services may only be used for lawful purposes.
3.6 Source Hub are not responsible for the end use of any document produced or edited by Source Hub, nor are Source Hub responsible for the content of any document supplied. The Customer is solely responsible for abiding by copyright laws. Source Hub reserve the right to reject any work which contains material considered to be illegal, immoral or offensive.
LIMITATION OF LIABILITY
4.1 The Customer accepts that Client, as software supplier and billing agent, does not accept any liability to the Customer and/or its customers from any loss or damage however caused resulting from transcriptions provided by or to the Customer and/or its Customers using Source Hub products or services via Client software.
4.2 The Customer accepts that Source Hub does not accept any liability to the Customer and/or its customers from any loss or damage however caused resulting from transcriptions provided by or to the Customer and/or its Customers using Source Hub products or services. Furthermore, Source Hub does not accept any liability for errors or incorrect transcription and the Customer agrees that it is the Customers' responsibility to check transcription work carefully and ensure that no such errors exist.
4.3 Source Hub’s liability to The Customer arising from defective services is (save in respect of death or personal injury) to the amount payable by Customer to Source Hub under this Customer Agreement for Transcription Services.
4.4 Source Hub will always endeavor to supply full service but does not accept liability for Source Hub’ failure to supply services caused by any external influences including acts of God, fire, governmental acts, breaks in continuity of electricity supply or telecom link, accident or any other cause beyond Source Hub’s control. Source Hub does not accept liability to The Customer for direct or consequential economic loss (including loss of profit or business).
INDEMNITY AND RELEASE
5.1 The Customer agrees to indemnify Source Hub and Client and keep it indemnified from and against all expenses, costs, damages and awards arising from any claims or actions brought or threatened against Source Hub by parties alleging any misuse by Customer and/or its customers of Source Hub products or services and for any infringement of intellectual property rights or other applicable legislation (including, but without limitation, legislation governing the provision of goods or financial (or other services)).