Terms of Service

SimplyDictate


Terms of Service

1. This Agreement

These Terms of Service together with all updates and any Additional Terms (as defined below) applicable to your use of the SimplyDictate Services collectively constitute the legal agreement between you and SimplyDictate. To agree to these Terms of Service, click "Agree". If you do not agree to these Terms of Service, do not click "Agree", and do not use SimplyDictate. Please make sure you have read and agreed to the End User License Agreement, Privacy Policy and the SimplyDictate Program Policies, and any other Additional Terms which apply to your use of the SimplyDictate Services. There may be locations where SimplyDictate may be provided by our local partner. If this is the case, you will be asked to accept the partner's own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms of Service for your records.

2. Definitions

Terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition the following terms and expressions shall have the following meanings:

SimplyDictate Products: the services provided by SimplyDictate in accordance with these Terms of Service.

SimplyDictate: SimplyDictate Limited is situated at Clarendon House Shenley Road Borehamwood Herts WD6 1AG

Terms of Service: these terms of service as may be amended and/or renewed from time to time.

Additional Terms: the terms and conditions and policies applicable to your use of the SimplyDictate Services, including the Terms of Use, any applicable Terms of Service or End User License Agreement in addition to this Agreement.

3. Expectations

3.1 Quality

SimplyDictate will do its best to provide the Products with minimum interruption. Nevertheless SimplyDictate cannot and does not guarantee that the service will be available at all times and there will be occasions where the service is interrupted. SimplyDictate relies on the internet and telephonic services and has no control over these. Where the customer is using the Products for transcription we will try to provide voice to text transcription with a minimum of errors. However, technical and non technical issues not limited to noise, accents, poor audio quality, ambiguity of like sounding words, and the limitations of speech recognition, means that errors will occur.

3.2 Technical improvement and maintenance

SimplyDictate may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. SimplyDictate may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products. We will always try to give as much notice as we can depending on the circumstances.

3.3 Content of communications

SimplyDictate does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

4. Information

You will be required to provide SimplyDictate in good time with any data or information necessary for a proper provision of the Products.

4.1 No reselling. You agree not to resell the Products to any third party.

4.2 Indemnity. You agree to indemnify, defend and hold SimplyDictate and its affiliates harmless from and against any and all liability and costs, including reasonable legal fees incurred by such parties, in connection with or arising out of your violation of these terms of service, any applicable law or regulation, or the rights of any third parties related to the use of the SimplyDictate products.

5. Payment and Charges

5.11 Some of the Products offered by SimplyDictate require that you have registered a current active valid credit card and/or have advance credit on your account. SimplyDictate reserves the right to refuse any particular card offered and shall be under no obligation whatsoever to explain its reason for refusal.

5.12 SimplyDictate Account Top Up. To use the SimplyDictate Account Top Up You need a sufficient balance of credit, which is credit purchased by you from SimplyDictate and allocated to Your User Account. You must deposit sufficient SimplyDictate Account Top Up credits in Your User Account through Your credit card, promotional voucher, or other means which may be made available by SimplyDictate. SimplyDictate reserves the right to stop accepting credit cards from one or more issuers.

5.2 Restrictions. SimplyDictate does not guarantee that you will be able to use Your SimplyDictate Account Top Up balance to access all the Products. Certain Products may have to be paid separately.

5.3 Credit expiration for SimplyDictate Account Top Up: A credit balance for SimplyDictate Account Top Up in your User Account expires 1 year after the last chargeable use of that SimplyDictate Credit. Credit balances that are not used within this 1 year period will be lost.

5.4 REFUND POLICY

5.4.1 REFUND POLICY FOR SIMPLYDICTATE

(i) Refunds will not be issued for Account Top Up minutes or lines

(ii) In the event that you change your plan before using your entire Account Top Up minutes, you will have access to the Account Top Up features until your remaining minutes are used up.

(iii) SimplyDictate reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms relating to refunds.

5.4.2 REFUND POLICY FOR SIMPLYDICTATE

(i) Refund Request: You can request a refund at any time, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund.

(ii) Upon a duly submitted refund request, SimplyDictate will refund you on a pro rata basis for the unused period of a Product.

(iii) SimplyDictate reserves the right to deny repeat refund requests (more than once for any given type of Products).

(iv) SimplyDictate will refund the balance of your subscription in the event you terminate Your User Account(s) as permitted under these Terms of Service or in the event that SimplyDictate terminates these Terms of Services without serious cause.

(v) All refunds shall be paid to the person who initially purchased the subscription, either through the original payment method used or any other reasonable payment method to be determined by SimplyDictate at its sole discretion.

(vi) SimplyDictate reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms relating to refunds.

5.5 PAYMENT

5.5.1 Charges and Rates

(i) Products: You shall pay SimplyDictate any applicable charges and rates as stated on the SimplyDictate Website in connection with your purchase and use of the Products.

(ii) The duration of a recording for SimplyDictate call forwarding Product shall be based on one-second increments. During the recording, charges incurred will be deducted automatically from Your account.

5.5.2 Change of charges andtariffs

(i) SimplyDictate may change the rates at any time by giving a thirty (30) day notice of such change on the SimplyDictate Website at www.SimplyDictate.com

(ii) If you do not wish to accept such adjustment of rates, you may ask for a refund of any remaining credit on your SimplyDictate account. The new rate will apply to your next purchase after the adjustments have been published on the SimplyDictate Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, you accept the new rates.

(iii) SimplyDictate may change the charges payable for the purchase of Products at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charge will apply to your next purchase after the adjustments have been published on the SimplyDictate Website. You agree that by continuing to use the Products following the adjustments of the charges, you accept the new charges.

(iv) SimplyDictate will always make information about any upcoming charges to you available on the Billing page, located on the SimplyDictate Website in the billing section of My Account.

5.5.3 Free SimplyDictate Promotions: For a limited period of time, SimplyDictate may offer free promotions for one or more of its Products. In return for offering this, SimplyDictate asks that you do not abuse the free offer. Evidence of misuse may result in immediate termination of the service to you.

5.5.4 Charged in error. In the event you believe that SimplyDictate has charged you in error, You must contact SimplyDictate's customer services at support@simplydictate.com within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

6. SimplyDictate's liability to you

6.1 Limitation of liability. In no event shall SimplyDictate, its affiliates, its licensors or the SimplyDictate staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:

(i) Any indirect, special, incidental or consequential damages; and

(Ii) Any loss of income, business or profits (whether direct or indirect).

6.2 Any interruption or loss of service due to technical failure, loss of the internet or telephonic limitations in a particular event or generally.

6.3 The limitations on SimplyDictate's liability to you in paragraph 6.1 above shall apply whether or not SimplyDictate, its affiliates or the SimplyDictate staff have been advised of the possibility of such losses or damages arising.

6.4 Nothing in this agreement is intended to exclude or restrict or shall be construed as excluding or restricting the liability of SimplyDictate for (i) the death or personal injury caused by the negligence of SimplyDictate, the SimplyDictate staff or its agents, or (ii) any liability which cannot be limited or excluded by law.

6.5 SimplyDictate's total liability under or in connection with these terms of services (whether in contract, tort (including negligence) or otherwise shall not exceed in aggregate the amount paid by you for the products in the 12 month period prior to the date of the event giving rise to the relevant claim, subject to a maximum of £100 (unless the loss is due to SimplyDictate's willful default or gross negligence).

6.6 Specific disclaimer of liability for emergency services. The products do not and are not designed or intended to support or carry emergency calls to any emergency services. Neither SimplyDictate nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, (and you hereby waive any and all such claims or causes of action), arising from or relating to your inability to use the SimplyDictate products to contact emergency services, and your failure to make additional arrangements to access emergency services in accordance with paragraph 1.1. Above.

6.7 Specific disclaimer of liability for content. SimplyDictate disclaims any and all responsibility or liability in relation to the content made available through the products (including, without limitation, SimplyDictate links, SimplyDictate feeds, SimplyDictate forums) or any content, products or services provided by third parties referred to in paragraph 12 below. Neither SimplyDictate nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, (and you hereby waive any and all such claims or causes of action), arising from or relating to all such content, products or services.

6.8 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.9 Force Majeure. You acknowledge and understand that if SimplyDictate is unable to provide the Products as a result of a force majeure event SimplyDictate will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond the control of SimplyDictate. In the event SimplyDictate is affected by a force majeure event, it shall promptly notify you of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. SIMPLYDICTATE SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

7. Your Agreement

7.1 Duration. The agreement will be effective as of the date of your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by SimplyDictate, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either SimplyDictate or you as set out below.

7.2 Termination. You may terminate your agreement with us at any time. Without limiting other remedies, SimplyDictate or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to SimplyDictate's website, remove hosted content, and take technical and legal steps to keep you off the SimplyDictate Website or Products if we think that you are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons, with immediate effect and without recourse to the courts. SimplyDictate shall effect such termination by preventing your access to Your User Account and to the Products. If you provided a valid email address, SimplyDictate may provide notice to you by email.

7.3 Update: SimplyDictate reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless you expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If you do not wish to accept these revised Terms of Service, you are entitled to terminate Your User Account, in writing or by e-mail to billing@simplydictate.com, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service.

8. Additional terms for Subscriptions

8.1 SimplyDictate reserves the right to change the program policy at any time. Changes shall become effective within thirty (30) days of publication of the revised version on the SimplyDictate website. Your continued use of your subscription after expiry of the 30 day period shall constitute Your acceptance to be bound by the terms and conditions of the revised program policy.

8.2 SimplyDictate reserves the right to withdraw or change the subscriptions at any time. If SimplyDictate changes the Products included in your subscription, SimplyDictate will send a notification by e-mail, stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, in writing or by e-mail to billing@simplydicate.com with effect from the date on which the changes are due to take effect.

8.3 In the event that there is, or SimplyDictate suspects that there is, any fraudulent activity or misuse of your subscription, SimplyDictate reserves the right to terminate your subscription with immediate effect and without a refund.

8.4 You may terminate your subscription at any time.

8.5 If You choose to pay for your subscription monthly or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to SimplyDictate by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by you or by SimplyDictate.

9. Miscellaneous

9.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between you and SimplyDictate with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either you or SimplyDictate arising out of fraud or fraudulent misrepresentation.

9.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

9.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If SimplyDictate waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

9.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. SimplyDictate is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.

9.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of the England and Wales United Kingdom and the United Kingdom Courts.

9.6 Language: If the original English version of the Terms of Service have been translated into other languages and there is any inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

9.7 Survival: The terms of paragraphs 4.3, 6 and 13.11 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO SIMPLYDICTATE THE RIGHTS SET FORTH HEREIN.