2nd June 2022- Gwen Malone Stenography
GMSS TERMS & CONDITIONS
FOR THE PROVISION OF STENOGRAPHY SERVICES
Please read the following Terms & Conditions. By placing an order with Gwen Malone Stenography Services Unlimited Company (“GMSS”) for any of our stenography services (“Services”), whether via web, email, fax, phone or in person, the person or entity requesting the Services (“Client”) agrees to be bound by these Terms & Conditions. These Terms & Conditions may be modified from time to time and by continuing to place orders with GMSS after we have notified Clients of such modifications via our website or by email the Client accepts and agrees to the said Terms & Conditions as modified.
ACKNOWLEDGEMENT & AGREEMENT
The Client acknowledges and agrees that they are aware of GMSS’s Terms & Conditions and unless otherwise agreed in writing, these Terms & Conditions shall apply to any Services provided by GMSS at the request of the Client.
The prices attributable for the different Services are available upon request. These prices change from time to time and by placing an order with GMSS the Client agrees to be bound by the current price list unless otherwise agreed in writing. All prices are exclusive of VAT and all other taxes in force at any time.
Payment can be made by cheque or bank transfer in the name of Gwen Malone
Stenography Services Unlimited Limited and by credit card. For payments via credit card unless otherwise agreed in advance, once the Client has placed an order, a fixed amount will be charged to the relevant credit card in order to secure the order. If the amount charged at this time is not the full amount owing upon completion of the job, the Client will be charged the balance of the amount owing upon completion of the Service by GMSS. Once the credit card is processed, an invoice and receipt will be e-mailed to the Client. GMSS reserves the right to decline to accept further work from the Client in the event of late payment and to charge interest on the amount owed at a rate of 3% above the Bank of Ireland base rate in these circumstances. For individual Clients, payment other than by credit card must be made by cheque or bank transfer in the name of Gwen Malone Stenography Services Unlimited within 30 days of receiving our invoice. For corporate Clients, payment must be made by cheque or bank transfer within 30 days of receipt by us of a valid purchase order or such other period as specified in the purchase order.
All materials, dictations, documents, and information supplied by the Client shall be treated as confidential and shall not be disclosed or discussed with third parties without the express permission of the Client. All GMSS staff are required to sign a confidentiality and non-disclosure agreement upon commencement with the company requiring them to maintain the high levels of confidentiality with all client materials. GMSS adheres to a strict policy of regularly shredding all physical materials supplied by or prepared for all Clients within four weeks of completion of the Services. Security codes are required to gain access to our office facilities and our offices. All digital and electronic files are securely maintained on GMSS servers, no files shall be saved to hard drives and a strict IT policy with regards to secure archiving is maintained to ensure files are recoverable by authorized users only.
Data Protection Notice
The Client’s contact details are automatically added to our production and CMS databases for the purpose of corresponding with (by letter, electronic mail or otherwise) in relation to the Services rendered. GMSS will also use the Client’s personal data: (a) to contact you in relation to the Services and any other services that GMSS may offer and (b) in relation to any legal claims, including for debt collection services.
Obligations of GMSS as Processor
Personal data contained in audio files, notes, transcripts or any other document or recording produced by GMSS (“Client Data”) is processed by GMSS, as processor, on behalf of the Client, as controller. The subject-matter of processing and nature and purpose of processing are the provision of the Services; the duration of processing is the period for which GMSS process Client Data on the Client’s instructions; the type of Client Data and categories of data subjects will be evident from the materials produced as a result of the Services. In its role as processor, GMSS shall: (i) only process Client Data in accordance with the Client’s documented instructions and inform the Client if an instruction infringes Data Protection Law; (ii) not process Client Data in any country outside the European Economic Area without the prior written consent of the Client and subject to such requirements as are necessary to comply with Data Protection Law; (iii) ensure that Client Data is subject to appropriate technical and organisational security measures (including, where applicable, those measures set out in Article 32 GDPR); (iv) ensure that all persons with access to Client Data are subject to appropriate confidentiality obligations; (v) notify the Client and allow the Client an opportunity to object (on reasonable grounds) before engaging a subcontractor to process Client Data, ensure such subcontractor is bound by the obligations set out in this section and remain fully liable to the Client in respect of the performance of the subcontractor’s data protection obligations; (vi) assist the Client in to comply with its obligations relating to data subject rights, data security, data breach notifications and data protection impact assessments; (vii) notify the Client without undue delay in the event of a personal data breach; (viii) after the Services have been provided, cease processing Client Data and, at the choice of the Client, delete or return the Client Data, or if no instruction is received from the Client, delete Client Data pursuant to GMSS’ data deletion policies; and (ix) make available to the Client all information necessary to demonstrate compliance with this section and allow for and contribute to audits. “Data Protection Law” means all applicable laws relating to the processing of personal data including the Data Protection Acts 1988-2018 and the General Data Protection Regulation 2016/679 (“GDPR”).
Storage of Client Data
It is recommended that the Client retain a copy of any documents and audio files whether analogue or digital in nature submitted to GMSS. Unless otherwise instructed, GMSS will not return the submitted files but will delete files pursuant to GMSS’ data deletion policies. GMSS does not accept liability for any data sent by the Client or GMSS which is lost in transit whether physically or electronically.
Intellectual Property Rights and Copyright
The intellectual property rights, including the copyright, in the overall work product (including but not limited to electronic and hard copy transcripts) produced by GMSS vests in GMSS absolutely. All rights are fully reserved and all unauthorised copying is prohibited. We retain the right to enforce our copyright in the transcripts at our sole discretion. On receipt of full payment of all charges for the Services, the Client (The Controller) instructs GMSS (The Processor) to whom the transcript should be made available to. The Client may also instruct GMSS to provide the transcript to a third party at an additional cost. GMSS does not take any responsibility for and disclaims all liability arising out of or in connection with the content or end use of the materials that we produce and/or amend. It is the Client’s responsibility to ensure that any use of the materials is lawful. GMSS reserves the right to reject work for any Client at any time if it believes, in its sole discretion, that the work product involves material of an illegal, immoral or objectionable manner or is intended to be used in an illegal, immoral or objectionable manner. The Client will indemnify GMSS in full against all claims, damages, losses, costs and expenses including, without limitation, legal fees incurred as a result of any claim by a third party that GMSS has breached any intellectual property rights or any third party’s rights in confidential information or other proprietary rights or privacy rights of a third party in carrying out any of the Client’s instructions in relation to the Services.
The Client shall be liable and ultimately responsible for the correctness of the work product. While GMSS quality processes ensure that the utmost care and attention to detail is provided in the process of creating, transcribing or amending documents, GMSS makes no guarantee or assurances that the work product shall be error-free.
GMSS provides Services on an “as is” basis and makes no representations. GMSS gives no warranties with respect to the Services. All implied conditions, guarantees and warranties are expressly excluded to the maximum extent permitted by law. GMSS excludes all and any liability arising from the supply of, failure or delay in the provision of the Services. Notwithstanding the foregoing, GMSS’s liability to the Client for any damages arising from or related to the Services is limited to the charges paid by the Client for the particular service. If two or more persons or entities constitute the Client, their liability to GMSS shall be joint and several.
GMSS does not warrant emails shall be virus free. It is the responsibility of the Client to check all emails, links and attachments sent by GMSS before opening. GMSS excludes
all liability for any loss or damage suffered by Client including but not limited to damage caused to the Client’s files or systems caused by the receipt of an email, opening of an attachment or download of a file from GMSS. While GMSS has the latest anti-virus software and systemized automatic updates from leading anti-virus providers GMSS cannot guarantee our computer system against viruses, trojans, etc.
GMSS will be entitled to delay or suspend its Services without penalty, in the event of circumstances beyond our control.
First time clients of our Services are recommended to contact GMSS directly by phone prior to emailing or submitting material electronically, as material may be blocked from unknown senders by email security measures.
If the Client is a “limited company”, GMSS may require a director and/or a controlling shareholder to sign a form of personal guarantee in respect of the charges and expenses for the Services.
You may terminate your instructions to us in writing at any time, but GMSS reserves the right to charge you for all work completed up to that point.
These Terms & Conditions represent the entire agreement between GMSS and the Client and shall supersede all prior oral and written commitments, contracts and undertakings with respect to the Services provided by GMSS.
If any provision of these Terms & Conditions is held to be unenforceable, it shall not affect the validity and enforceability of the remaining provisions. These Terms & Conditions may be amended from time to time. These Terms & Conditions and the Client’s use of our Services are subject to and shall be construed in accordance with the law of Ireland. GMSS and the Client irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Services or these Terms & Conditions.