Terms and Conditions
1. General
1.1. Wherever these Terms and Conditions differ from an existing contract or service agreement, the conditions of the contract or service agreement take precedence.
1.2. Governing law and jurisdiction: The terms of this agreement shall be governed and constructed in accordance with the law of Western Australia and the parties submit to the jurisdiction of the Courts of Queensland and the Commonwealth of Australia.
2. Definitions and Interpretation
2.1. Smartsec Medical Transcription Services/we/us means Smartsec ABN: 38 069 604 089, any employees, agents or subcontractors of Smartsec.
2.2. Smartsec ABN: trades as and will hereon be referred to as Smartsec Medical Transcription Services or Smartsec.
2.3. Rates sheet refers to any of Smartsec’s pricing brochures and rates letters as applicable in the current financial year.
2.4. Client/you means anyone by whom Smartsec has been engaged in the provision of services.
2.5. Transcript means the type-written version of audio recorded by Smartsec, and transcription means the production of transcript by Smartsec.
2.6. Personal information means the information or an opinion (including information or an opinion forming part of a database) whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent or can be reasonably ascertained from the information or opinion.
2.7. Confidential information means information that:
- 2.7.1. Is by its nature confidential.
- 2.7.2. Is identified (whether in writing or not) as confidential by the client to Smartsec.
- 2.7.3. Is personal information.
3. Supply of Services
3.1. Smartsec provides transcription, typing and document-production services for private medical practitioners.
3.2. By engaging Smartsec in the provision of services, the client acknowledges that the client has read and accepted the Terms and Conditions set out herewith. These Terms and Conditions are also available on the Smartsec website.
3.3. Smartsec reserves the right to decline to engage in the supply of services to any client. If Smartsec declines to engage in the supply of services to a client, the client will be notified.
3.4. Supply of services may be carried out by a Smartsec employee or an authorised Smartsec Contractor.
3.5. Smartsec may, from time to time, include clients’ company logos on promotional material. If you do not wish to have Smartsec use your company logo on promotional material, please notify us.
4. Rates
4.1. Rates sheets are available as a PDF document to download from the Smartsec website upon enquiry.
4.2. Upon providing Smartsec with audio for transcription, it is deemed that you have read, understood and accepted all information contained in the rates brochure, and are liable for all subsequent transcription costs incurred by us.
4.3. Itemised quotations for cost of services are provided in good faith and are an approximation of anticipated charges based on information provided by a client. A precise assessment of final charges will be made once the audio has been received and typed. Smartsec reserves the right to alter the final charges made to clients, in line with the rates sheet, where circumstances change.
4.4. Pricing is based on a rate per line.
- 4.4.1. Per line has the meaning attributed in our rates sheet, namely: every 65 characters with spaces, but not white space. This can be audited against the Microsoft Word character count. Part lines are rounded up to the nearest whole line.
5. Invoicing:
5.1. An invoice is issued monthly for clients.
5.2. Smartsec reserves the right to require payment before release of a transcript and to require payment of outstanding invoices before continuing to provide services.
6. Payment
6.1. Any client residing within Australia has the obligation to pay GST upon any service provided by Smartsec.
6.2. Smartsec reserves the right to charge late fees on overdue amounts at a rate of 10% per month.
6.3. Late fees will be charged after an invoice remains outstanding for 60 days from date of invoice.
6.4. In the event of invoices that remain unpaid, Smartsec has the right to commence legal proceedings to recover the debt.
6.5. Invoice payment is to be made in full and via electronic fund transfer directly to the Smartsec bank account – details on invoice.
7. File Retrieval/Archiving
7.1. Smartsec archives transcripts on a secure server for four months. Files may be retrieved from this secure site for a small retrieval fee outlined in the rates sheet.
8. Turnaround
8.1. While Smartsec endeavours to consistently honour the 24-hour turnaround time, there may be times this will not be possible, due to internet malfunction, quality of audio, unusually large upload of typing. Smartsec will notify the client if the deadline is unlikely to be met.
9. Style
9.1. Smartsec employs a standard style of “intelligent verbatim” and this will be used for all transcriptions. Unless instructions are given to the contrary, dictations will be transcribed using the exercise of reasonable care, skill and discretion by the typist, with regard to punctuation, capitalisation, and spelling of words.
9.2 Smartsec types to client specifications and templates.
10. Dispute Resolution
10.1 Although all transcripts are quality assured prior to return to client, it must be noted that the final checking of transcripts is the responsibility of the client.
10.2 Smartsec is not liable for any charges the client might incur correcting a transcript.
10.3 Smartsec endeavours to resolve all disputes to the satisfaction of a client and aims to do so in a peaceful and amicable manner. If any dispute or difference arises out of, or in connection with, these Terms and Conditions where are unable to be resolved by negotiation, then Smartsec and the client agree that the dispute shall be submitted to an independent mediator appointed by agreement between Smartsec and the client. Any disputes regarding the quality of a transcript should be assessed by a mediator familiar with the nature and standard practices of the industry. Costs for mediation are to be shared by the parties. In the event that either Smartsec or the client should fail or refuse to agree to, or participate in, this dispute resolution procedure, then either party shall be free to seek to resolve matters by obtaining independent legal advice.