These terms and conditions apply to the order or provision of services over this website. By clicking in the area indicated, you are acknowledging that you have read these terms and conditions and agree to be bound by them. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.

1. Definitions and interpretation

1.1 Definitions:

AAT means the Administrative Appeals Tribunal.
Account Customer means a customer that has completed a credit application and that has an existing account with Auscript.
Auscript means Auscript Australasia Pty Limited ABN 72 110 028 825.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Estimate means the estimate provided by Auscript to you in accordance with either clause 2.3 or 3.3 (as the context dictates).
Family Court means Family Court of Australia.
Federal Court means the Federal Court of Australia.
FMC means the Federal Magistrates Court.
Force Majeure means any delay by Auscript in carrying out its obligations under this agreement or any act necessary for the discharge of or compliance with such obligations which is beyond the reasonable control of Auscript.
Formal means that, in producing a Transcript, colloquialisms and speech anomalies may be omitted while evidence is represented in full.
General means that, in producing a Transcript, all evidence is typed verbatim but speech anomalies of persons not giving evidence may be omitted.
Legal Proceeding means the legal proceeding listed on the Order Form.
Order Form means any Order Form which incorporates these terms and conditions including:

(a) any order form on which these terms and conditions are printed;
(b) any order form which refers to these terms and conditions as located on Auscript’s website;
(c) in the case of an electronic order, the electronic order form completed by you which incorporates these terms and conditions.

Poor Quality Audio means a sound recording rated ‘2’ or lower according to Auscript’s Audio Quality policy, which is available upon written request.
Pricing Schedule means the list of prices set out in the Order Form or our website, as updated by Auscript from time to time.
Recording means:

(a) a sound recording which is created by Auscript at your request other than a recording of proceedings made in the Federal Court, Family Court, FMC or AAT (Auscript Recording); otherwise
(b) a sound recording made by you or someone else which you provide to Auscript for transcription (Client Recording).

Transcript means the written literary work which has been or will be created by Auscript in relation to the Legal Proceeding, Recording or other matter referred to in the Order Form.
You means the person listed in the Order Form being the person who has ordered, or may order, a Transcript from Auscript. This definition applies whether the defined word is in title or lower case.
Verbatim means that, in producing a Transcript, every spoken word and utterance is typed as it is said.
We, us and our are a reference to Auscript. This definition applies whether the defined words are in title or lower case.

1.2 Interpretation:

(a) Unless the contrary intention appears, a reference in this agreement to:

(1) this agreement or another document includes any variation or replacement of it despite any change in the identity of the parties;
(2) the singular includes the plural and the plural includes the singular;
(3) a person, partnership, corporation, trust, association, joint venture, unincorporated body, Government Body or other entity includes any other of them;
(4) a party includes the party’s executors, administrators, successors, substitutes (including a person who becomes a party by novation) and permitted assigns;
(5) any statute, ordinance, code or other law includes regulations and other instruments under any of them and consolidations, amendments, re-enactments or replacements of any of them;
(6) money is to Australian dollars, unless otherwise stated;
(7) a time is a reference to Brisbane time unless otherwise specified.

(b) The words include, including, such as, for example and similar expressions are not to be construed as words of limitation.
(c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
(d) Headings and any table of contents or index are for convenience only and do not affect the interpretation of this agreement.
(e) A provision of this agreement must not be construed to the disadvantage of a party merely because that party or its advisers were responsible for the preparation of the agreement or the inclusion of the provision in the agreement.
(f) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.
(g) If an act is required to be done on a particular day it must be done before 5.00pm on that day or it will be considered to have been done on the following day.

2. Amendments to terms and conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon the placement of a notification of such amendment on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3. Order and payment process – Transcript only

3.1 By submitting an Order Form to Auscript, you request that Auscript provide you with either:

(a) the Transcript; or
(b) an estimate of Auscript’s fees for producing the Transcript.

3.2 If you are not an Account Customer, Auscript will provide you with an Estimate of Auscript’s fees for producing the Transcript even if you have not requested it.


3.3 If Auscript provides you with an Estimate of Auscript’s fees for producing the Transcript, you agree that:

(a) Auscript’s Estimate is based on specific assumptions (some of which you may have given to Auscript) such as the average length of sittings, average number of pages produced per day and other relevant factors. At the time that the Estimate is given, these variables are unknown;
(b) Accordingly, the Estimate is not binding on Auscript. Auscript reserves the right to charge for producing the Transcript in accordance with the Pricing Schedule;
(c) Auscript will request that:-

(1) You complete and return the Estimate form to Auscript in the manner specified on the form, and that by doing so you confirm that you agree:

(A) to all of the terms and conditions set out in this document; and
(B) to pay all of Auscript’s fees for producing the Transcript, calculated in accordance with the Pricing Schedule; and

(2) unless you are an Account Customer, you prepay the full amount of Auscript’s Estimate of Auscript’s fees for producing the Transcript prior to Auscript commencing production of the Transcript;

(d) if Auscript’s fees for producing the Transcript exceed the amount of your prepayment, you must pay the difference to Auscript within 14 days of Auscript’s invoice (which can be provided electronically or via post or delivery);
(e) if Auscript’s fees for producing the Transcript are less than the amount of your prepayment, Auscript will refund the difference to you within 14 days of Auscript’s invoice (which can be provided electronically or via post or delivery).
(f) If Payment is not received within 14 days Auscript reserves the right to take whatever action it considers necessary to collect the outstanding debt and you agree to reimburse Auscript for all costs associated with these actions.

3.4 If you are an Account Customer and have not requested an Estimate of Auscript’s fees for producing the Transcript, then by completing and submitting the Order Form to Auscript, you agree:-

(a) to all of the terms and conditions set out in this document; and
(b) to pay all of Auscript’s fees for producing the Transcript, calculated in accordance with the Pricing Schedule; and
(c) that:

(1) if Auscript’s fees for producing the Transcript exceed $5,000, Auscript will invoice you in increments of $5,000 and upon completion of the Transcript;
(2) otherwise, Auscript will invoice you upon completion of the Transcript;

(d) to pay each invoice rendered by Auscript within 14 days of Auscript’s invoice.

3.5 Where the Transcript is to be produced from a Client Recording, you acknowledge that the fees set out in the Pricing Schedule assume that the entire Recording can be clearly and easily heard by the transcriber. If any part of the Recording is Poor Quality Audio, Auscript reserves the right to charge additional fees for producing the Transcript which will be notified to you in writing as soon as practicable after it becomes apparent to Auscript that the Recording contains Poor Quality Audio and before the Transcript is prepared.

 

4. Order and payment process – Auscript Recording and Transcript

4.1 By completing and submitting an Order Form to Auscript, you request that Auscript:

(a) create an Auscript Recording and provide you with a Transcript of that Recording; and
(b) an Estimate of Auscript’s fees for creating an Auscript Recording and providing you with a Transcript of that Recording.

4.2 If you are not an Account Customer, Auscript will provide you with an Estimate of Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording even if you have not requested it.

4.3 If Auscript provides you with an Estimate of Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording, you agree that:

(a) Auscript’s Estimate is based on specific assumptions (some of which you may have given to Auscript) such as the average length of sittings, average number of pages produced per day and other relevant factors. At the time that the Estimate is given, these variables are unknown;
(b) Accordingly, the Estimate is not binding on Auscript. Auscript reserves the right to charge for creating the Auscript Recording and providing you with a Transcript of that Recording in accordance with the Pricing Schedule;
(c) Auscript will request that:

(1) You complete and return the Estimate form to Auscript in the manner specified on the form, and that by doing so you confirm that you agree:

(A) to all of the terms and conditions set out in this document; and
(B) to pay all of Auscript’s fees for creating the Auscript Recording and producing a Transcript of that Recording, calculated in accordance with the Pricing Schedule; and

(2) unless you are an Account Customer, you prepay (with credit card) the full amount of Auscript’s Estimate of Auscript’s fees for creating the Auscript Recording and producing a Transcript of that Recording prior to Auscript commencing Recording and production of the Transcript;

(d) if Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording exceed the amount of your prepayment, you will pay the difference to Auscript within 14 days of Auscript’s invoice;
(e) if Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording are less than the amount of your prepayment, Auscript will refund the difference to you within 14 days of Auscript’s invoice.

4.4 If you are an Account Customer and have not requested an Estimate of Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording, then by completing and giving the Order Form to Auscript, you agree:

(a) to all of the terms and conditions set out in this document; and
(b) to pay all of Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording; and
(c) that:

(1) if Auscript’s fees for creating the Auscript Recording and providing you with a Transcript of that Recording exceed $5,000, Auscript will invoice you in increments of $5,000 and upon completion of the Transcript;

(2) otherwise, Auscript will invoice you upon completion of the Transcript;

(d) to pay each invoice rendered by Auscript within 14 days of Auscript’s invoice.

5. Transcript style

5.1 All Transcripts prepared by Auscript for Federal Court, Family Court, FMC and AAT matters will be Formal Transcripts.


5.2 All other Transcripts prepared by Auscript will be Verbatim Transcripts, unless you specifically request otherwise in the Order Form.

 

6. Intellectual Property

6.1 You acknowledge and agree as follows:

(a) Federal Court, Family Court, FMC and AAT matters – where you have requested that Auscript produce the Transcript of a matter in the Federal Court, Family Court, FMC or AAT:

(1) copyright in the Transcript is and remains the property of the Commonwealth of Australia (the Commonwealth);
(2) the Commonwealth has granted to Auscript a licence to use the copyright in the Transcript for certain purposes;
(3) Auscript reserves all rights it has in respect of the Transcript pursuant to its agreement with the Commonwealth, which include the right to:

(A) produce, reproduce, perform or publish the Transcript;
(B) make any translation of the Transcript;
(C) make any record of the Transcript;
(D) communicate the Transcript to the public by any means.

(b) In all other cases – in all other cases copyright in any Auscript Recording and Transcript is and remains the property of Auscript (or its licensors) and Auscript reserves all rights in respect of any Auscript Recording, including the right to :

(1) produce, reproduce, perform or publish any Auscript Recording;
(2) make any translation of any Auscript Recording;
(3) make any record of any Auscript Recording;
(4) communicate any Auscript Recording to the public by any means;

6.2 You can in certain instances separately purchase the copyright in an Auscript Recording or Transcript. If applicable, Auscript will provide details of its price for the sale of the copyright in an Auscript Recording or Transcript upon request.

6.3 If you reproduce or disseminate any Transcript prepared by Auscript in accordance with this agreement or as permitted by law you must ensure that one or both of the following are clearly visible on the Transcript:

(a) Auscript’s logo and other trade marks; or
(b) The following words “transcript produced by Auscript”.

7. Your rights in respect of Federal Court, Family Court, FMC and AAT Transcripts

7.1 In consideration of you paying Auscript’s fees for producing the Transcript of a matter in the Federal Court, Family Court, FMC or AAT, Auscript will:

(a) provide you with one (1) copy of the Transcript, in either electronic or hard copy format (as requested by you in the Order Form) (Your Copy of the Transcript);
(b) grant to you a non-exclusive sub-licence in respect of Your Copy of the Transcript on the terms set out in clause 7.2.

7.2 For the purposes of clause 7.1, the sub-licence granted by Auscript entitles you:

(a) to use your Copy of the Transcript for your own personal use;
(b) if you are a law firm, to make and provide copies of your Copy of the Transcript only to:

(1) Your employees;
(2) Your client;
(3) any barrister that you have briefed in relation to the matter before the Court,
for use in the Legal Proceeding before the Court;

(c) if you are a barrister, to make and provide copies of the your Copy of the Transcript only to:

(1) Your employees;
(2) Your client;
(3) your instructing solicitors,

for use in the Legal Proceeding before the Court;

(d) if you are or represent a media organisation, to use your Copy of the Transcript to report on the Legal Proceeding.

7.3 Except as expressly provided in clauses 7.2(b) and 7.2(c), you must not:

(a) alter your Copy of the Transcript;
(b) share your Copy of the Transcript with any other person or permit any person (other than a person mentioned in clauses 7.2(b) or 7.2(c)) to inspect, or have any form of access (whether electronic or otherwise) to, your Copy of the Transcript;
(c) licence, assign or otherwise grant any interest in your Copy of the Transcript; nor
(d) reproduce, publish, translate, broadcast, transmit or use your Copy of the Transcript in any way except as expressly set out in this document or as otherwise permitted by law.

7.4 Where you are or represent any media organisation, you further agree:

(a) Your Copy of the Transcript will only be used for the purposes of reporting on the Legal Proceeding; and
(b) no part of the Transcript will be copied or made available to any other person except for that purpose; and
(c) no part of the Transcript will be provided by you to any of the parties to the Legal Proceeding.

7.5 You must take all steps necessary to safeguard the your Copy of the Transcript and prevent it (unless required to do so by law) from being reproduced, adapted, performed, published, translated, heard, broadcast, transmitted or used in any way which might be an infringement of any copyright in the Transcript.

7.6 If at any time you learn of any infringement or threatened infringement of the copyright in the Transcript you must immediately notify Auscript in writing giving particulars of the infringement.

 

8. Turnaround times

8.1 Auscript will use its best endeavours to produce and deliver the Transcript in accordance with the turnaround time set out in the Order Form (Turnaround Time).


8.2 You acknowledge that:

(a) in the case of Client Recordings, the quality of the Recording (and in particular, any Poor Quality Audio) may affect Auscript’s ability to produce and deliver the Transcript within the Turnaround Time;
(b) in the case of matters heard and recorded in the Federal Court, Family Court, FMC or AAT, the unscheduled completion of Legal Proceedings after 4:15 pm in the state in which Legal Proceedings are taking place, may impact upon the pre-arranged transcript delivery time;
(c) In the case of orders for transcript received after the specified deadline (10am on the day of the proceedings, in the state in which the proceedings are taking place) the next possible turnaround (and associated folio rate) will apply;
(d) In the case of external IT or communications problems (i.e. out of Auscript’s control or responsibility) Auscript cannot guarantee delivery of the requested service within the specified time span.

8.3 In any event, you agree that Auscript is not liable for any loss (whether direct, indirect or consequential), damage or injury sustained by you or anyone else directly or indirectly as a consequence of Auscript’s failure to produce and deliver the Transcript in accordance with the Turnaround Time.

 

9. Force Majeure

9.1 Any failure by Auscript to carry out any of its obligations under this agreement shall not be deemed to be a breach of this agreement if such failure is caused by Force Majeure.


9.2 If Auscript’s ability to perform this agreement is delayed, curtailed or prevented by Force Majeure:

(a) Auscript will give notice of the occurrence of Force Majeure to you; and
(b) the time for carrying out the activity affected by Force Majeure shall be extended for a period equal to the total of the periods during which such causes or their effects were operative, and for such further periods, if any, as shall be necessary to make good the time lost as a result; and
(c) You will have no claim against Auscript for any loss or damage arising from the Force Majeure.

10. Warranties

10.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. In addition to these rights, we provide a number of express warranties set out in this clause 9.


10.2 Auscript warrants to you that the Transcript is an original work and that Auscript is the owner or licensee of the copyright in any Auscript Recording and the Transcript.


10.3 Auscript’s liability for any breach of any implied warranty is limited to:

(a) in the case of any implied warranty relating to goods, at Auscript’s election:

(1) the replacement of those goods or the supply of equivalent goods;
(2) the cost of replacing those goods or supplying equivalent goods.

(b) in the case of any implied warranty relating to services, at Auscript’s election :

(1) the re-supply of those services;
(2) the cost of re-supplying those service.

10.4 Subject to clause 10.3, you agree that Auscript is not liable for any loss, damage or injury sustained by you or anyone else directly or indirectly as a consequence of production by Auscript of any Auscript Recording and the Transcript or the use by you or anyone else of any Auscript Recording or the Transcript.


10.5 To the extent that Auscript is held liable under these terms and conditions despite clause 9.3 and 9.4, its liability for any and all loss or damage will be limited to the fees paid to it for the order specified in the Order Form.

 

11. Indemnity

11.1 You indemnify Auscript (and hold Auscript harmless) against any loss, injury or damage (including any legal costs or expenses incurred) incurred by Auscript directly or indirectly as a consequence of any breach by you of these terms and conditions.


11.2 It is not necessary for Auscript to make any payment before enforcing the right of indemnity conferred by subclause 11.1.

 

12. Disclaimer in relation to website

12.1 You acknowledge and agree that, despite all reasonable precautions on our part, this website cannot be guaranteed to be error free, uninterrupted, timely or secure and acknowledge that the existence of any such errors, interruptions, delays or security limitations will not be a breach of this agreement.


12.2 To the full extent permitted by law, we do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this website or any linked website, including (without limitation) any such loss arising out of your use of or reliance on information contained on, or accessed through, this website.

 

13. Linked web sites

13.1 This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.


13.2 We are not responsible for the content or privacy practices associated with linked websites.

13.3 Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.

 

14. Privacy policy

We will comply with the terms of our privacy policy which appears on our website at www.auscript.com.au/privacy and you consent to the terms of that privacy policy.

 

15. How we handle e-mails

We will preserve the content of any e-mail you send us if we believe we have the legal requirement to do so. Your e-mail message content may be monitored by us for trouble-shooting or maintenance purposes or if any form of e-mail abuse is suspected.

 

16. Security of information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

17. Termination of access

Access to this web site may be terminated at any time by us without notice. Our disclaimers will nevertheless survive any such termination.

 

18. Miscellaneous

18.1 You agree that :

(a) all amounts expressed in the Pricing Schedule and any Estimate are exclusive of GST, unless otherwise stated; and
(b) all terms in this clause 18.1 and in clause 18.2, unless otherwise defined, have the same meaning as those terms have in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) and / or associated Commonwealth legislation, regulations and publicly-available rulings (the GST Law).

18.2 If a party (the Supplier) is obliged pursuant to the GST Law to pay an amount of GST in respect of a Taxable Supply made by the Supplier to another party (the Recipient), the Recipient shall pay the Supplier on demand that amount of GST upon production of a valid Tax Invoice by the Supplier in addition to the moneys otherwise payable by the Recipient to the Supplier on account of that Taxable Supply.

18.3 This agreement shall be governed by and construed in accordance with the laws of Queensland.


18.4 The parties each irrevocably and unconditionally submit to the non exclusive jurisdiction of the courts of Queensland whether State or Federal and each waives any immunity or any objection it may have to any action in those courts and to a claim that any action has been brought in an inconvenient forum or to those courts not having jurisdiction.


18.5 All legislation which varies, prevents or prejudicially affects the exercise by Auscript of any right, power or remedy conferred upon it under this agreement to the extent permitted by law is excluded.


18.6 A right in favour of Auscript under this agreement, subject to any express provision of this agreement to the contrary, may be waived prospectively or retrospectively by writing signed by Auscript. No other act, omission or delay will constitute a waiver of a right.


18.7 A single or partial exercise or waiver by Auscript of any right relating to this agreement will not prevent any other exercise of that right or the exercise of any other right.


18.8 The rights and remedies provided under this agreement are cumulative and not exclusive of any rights or remedies provided by law.


18.9 If any provision of this agreement shall be or be determined to be illegal, invalid, void or voidable the legality or validity of the remainder of this agreement will not be affected and will continue in full force and effect.


18.10 You cannot assign your rights and obligations under this document.


18.11 The person that signs any Order Form or Estimate on your behalf warrants that they have the authority to bind you to these terms and conditions.

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