Applicable for Transcription, Translation, Electronic Presentation of Evidence, Hearing Bundles, Hearing Management and Document Management.
1. This quotation is valid for the duration of the main transcription contract between Nomology Technology Pvt. Ltd., parent company of TERES and the Client or until otherwise superseded.
2. TERES will provide an AI generated draft on which a team of legally trained transcribers and reviewers will work to ensure utmost accuracy in real time. The client accepts that TERES may appoint legally trained transcribers who may be based within or outside India to undertake the work.
3. Legally trained transcribers are under contract to TERES and must not be solicited or employed by the client other than through TERES.
4. The Client permits the legally trained transcribers to access the real time transcription/ audio/video recording/streaming of the proceedings.
5. Third parties who have not entered into an agreement with TERES, but have access to real-time transcription services for the hearing are required to adhere to the specified terms and conditions, and the associated Fee Schedule.
6. The Audio Video (AV) setup for physical and hybrid hearings can be provided by TERES at additional cost. In the event of physical hearings, travel and accommodation costs of TERES representatives shall be borne by the Client.
7. Where this service is availed, TERES will provide technical assistance during the hearing through TERES representatives present at the hearing venue or joined remotely. The scope of this assistance will be limited to the transcription and Audio-video (AV) service. The representatives will ensure smooth functioning of the service by liaising with the SPOCs at the venue and assisting the legally trained transcribers working remotely.
8. TERES will not be responsible for any other arrangements apart from transcription and allied services like VC (Video Conferencing), AV requirements etc (where such services are availed).
9. In order to address concerns or corrections, clients may provide feedback to our representatives who may be present at the hearing venue or may have joined remotely.
10. Once the final transcript is submitted, TERES will be responsible for addressing the suggestions or corrections raised by the Clients to the transcript within a period of 10 days after the hearing date. After the 10 day period, Clients will be required to bear additional costs for TERES to make further changes based on corrections suggested by the Clients.
11. The recording of the hearing shall be accessible for a period of 10 days post the hearing date. TheClient would be required to download the same within this period.
12. For the provision of accurate transcription services by TERES in case of physical hearings, it is the responsibility of the Client to ensure good internet connection (20 MBPS and above). TERES will not be responsible for bearing the cost of internet connection during physical hearings.
13. The Client acknowledges that all intellectual property rights for the technology and processes involved in providing transcription, including but not limited to copyright, patent, and trademark rights, in software and documentation are owned by the software provider or its licensors or affiliates, and are provided ‘as is’. It is clarified that TERES does not have any intellectual property rights over the actual transcript which shall remain with the Client.
14. TERES will not distribute the transcripts of the hearing to any Third Party without written approval of the Client.
15. Where any electronic equipment provided by TERES including laptops, LCD Screen etc for use during the proceeding are lost or stolen due to the fault or negligence of the Client or the Client’s agent, the Client agrees to reimburse to TERES the replacement value of each equipment.
16. Before the commencement of the hearing, written and signed confirmation of TERES engagement must be received from all parties.
1. All fees are quoted in the currency as specified in the quotation.
2. TERES shall be paid 50% of the quoted cost at the time of confirming the engagement and the remaining 50% before providing services to the Client, and in all cases no later than 14 days from the date of the invoice.
3. All fees quoted exclude any applicable taxes. Any applicable taxes will be borne by the client. 18% GST is applicable for all services provided by TERES in India.
4. TERES’s right to payment is not dependent on the Client’s case or payments received for Client’s services.
5. In the event of non-payment, any costs relating to collection, including lawyer’s fees, will be borne by the Client. All disputes arising out of or relating to this agreement, including any claims relating to nonpayment, shall be resolved by arbitration by a sole arbitrator to be appointed by MCIA under the Expedited Procedure of the MCIA Rules of Arbitration. The seat of arbitration shall be Bangalore and the language of arbitration shall be English.
6. TERES requires written confirmation from all parties who will contribute to the principal costs prior to the commencement of proceedings. All signatories of the confirmation will be liable to pay TERES for the services availed, jointly and severally, including in situations where there is an internal arrangement between the parties as to the share of their contribution to availing TERES’ services.
7. Provisions of services on hearings extended beyond original booking will be subject to availability.
8. TERES will liaise with the identified venue for the necessary arrangements for transcription. The Client should provide a reasonable notice period of at least 5 days in case of a change in Venue.
9. Additional screens to view real time transcripts will be charged extra. Clients would be required to bear transportation costs, if any.
10. Additional transportation charges incurred by TERES due to change in venue would be borne by the Clients.
1. Any changes to the dates of booking must be confirmed in writing to TERES.
2. Scheduled hearings which are adjourned or cancelled with at least 48 hours notice before the start of the hearing will be subject to cancellation fees which will be 50% of the invoice amount. In the event of a cancellation with less than 48 hours’ notice, the full value of the invoice will become due and payable.
3. Postponement with less than 48 hours’ notice will be treated as a cancellation and will be subject to a cancellation fee of 50% of the invoice amount.
1. Any changes to the dates of booking must be confirmed in writing to TERES.
2. Scheduled hearings which are adjourned or cancelled with at least 48 hours notice before the start of the hearing will be subject to cancellation fees which will be 50% of the invoice amount. In the event of a cancellation with less than 48 hours’ notice, the full value of the invoice will become due and payable.
3. Postponement with less than 48 hours’ notice will be treated as a cancellation and will be subject to a cancellation fee of 50% of the invoice amount.
1. TERES shall not be liable if its obligations are delayed or prevented due to the acts and omissions of the Client, its agents, subcontractors, consultants or employees and/or the software provider or its licensors or affiliates.
2. In the event of defects, TERES’s liability shall be limited to remedy of such defects or reperformance of the Services, at its discretion, except in circumstances where such defect is caused by an act or omission of the Client.
3. In the event that it is not reasonable or practicable to remedy such defect, TERES’s total aggregate liability shall not exceed the value of the Services.
4. Material provided by the Client remains the property of the Clients and TERES shall not be held responsible for its content, accuracy, completeness or compliance with any laws.
1. “Confidential information” includes but is not limited to:
1.1 Any quotation sent by TERES;
1.2. Material provided to TERES directly or indirectly for the performance of the Services;
1.3. Information arising out of the performance of the Services including correspondence and information contained in the database of the TERES System.
2. Parties including agents, employees or third parties, shall not disclose any Confidential Information for any purpose other than is necessary for performing the services or as are required by law.
3. Confidential Information provided shall be held securely at all times whilst in the possession of the receiving party.
1. Neither party shall be liable to the other party for any delay or non-performance of its obligations arising from any cause or causes beyond its reasonable control which could not be planned for or avoided; including but not limited to : act of God, pandemic/epidemic, governmental act, war, explosion, civil commotion, acts of terrorism etc.