TERMS OF SERVICE
You may use our Service only if you can form a binding contract with Caspad Ltd., and only in compliance with this Agreement and all applicable local, national, and international laws, rules and regulations. If you are entering into this agreement on behalf of a company or other legal entity, you represent and warrant that you are authorized and lawfully able to bind such entity to this Agreement. (In which case “you”, “your” shall refer to such entity). You represent and warrant that you are, over eighteen (18) years of age or of legal age to form a binding contract; not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Caspad Service. Any use or access to the Caspad Service by anyone under 13 is prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Caspad Service or send any information about yourself to us; (including but not limited to your name, address, telephone number, or email address). If we learn that we have collected personal information from anyone under age 13, we will delete that information from our database.
Caspad grants you limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service; to access and use any online software, applications or other similar components made available through the Service, only within the Service and only in the form found within the Service. All rights granted to you under this Agreement are subject to your compliance with these Terms of Service. We may terminate these rights at any time at our discretion.
Accuracy, Completeness and Timeliness of Information and Delivery of the Service
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. Caspad reserves the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. To qualify for 15 hours turnaround, all uploads must be made prior to 000Hrs, East African Time. All other uploads made after midnight, will be processed from 0600Hrs, East African Time.
While Caspad makes all attempts to complete the transcription work on time and accurately, it cannot absolutely guarantee the delivery date or quality of the transcripts to be acceptable when it is delivered. We will redo the transcript if it is not up to standard and attempt to deliver it on time. However, we cannot be held responsible for any losses due to a delay in delivery or inaccuracy that may occur. By agreeing to these terms, the client indemnifies Caspad, its contractors and its employees from any losses that may be incurred due to project delays, inaccuracy, publication, quotation, distribution or public use of part of/all transcript that may contain a typographical or factual error or even those without error of the transcripts.
Use of Our Services
Conditions of Use
You are required to create a user account on our Site in order to access and use the Service. You agree to provide and maintain true, accurate, current and complete information as prompted by the Service's registration form. The Customer and End Users shall be solely responsible for obtaining, configuring and maintaining any hardware, network connectivity and third-party software and services required to access or provide access to the Site, including the user account, computers, mobile devices, operating systems, web browsers and storage devices. The Customer acknowledges that we may establish general practices and limits concerning use of the Site, including but not limited to the maximum period of time that Customer Data will be retained by the Site and the maximum storage space that will be allotted on our servers on the Customer’s behalf. The Customer shall be responsible for backing-up Customer Data. You acknowledge that Caspad has no responsibility or liability for the deletion or failure to store any documents, data or other content maintained or uploaded by you to the Site. The Customer shall be solely responsible for complying with all applicable law relating to Customer’s access to and use of the Site and its collection, storage, processing and use of Customer Data. You agree not to access or use the Caspad Service if you work with or for a competitor, except with Caspad’s prior written consent. You may not use or access the Caspad Service for purposes of monitoring the performance or functionality for a competitor or for any third party, or for any other benchmarking or competitive purposes and you may not share any benchmarking data regarding the Service usage with any third party without Caspad’s prior written consent.
You agree not to engage in any of the following prohibited activities in connection with the Platform copying, distributing, or disclosing any part of the Site in any medium, including but not limited to, by any automated or non-automated “scraping”; using any automated system, including but not limited to “robots,” “spiders,” “offline readers,” to access the Site in a manner that sends more request messages to the Caspad servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; taking any action that imposes, or may impose at our discretion an unreasonable or disproportionately large load on our infrastructure; uploading invalid data, viruses, worms, or other software agents through the Site; collecting or harvesting any personally identifiable information, including account names, from the Site; using the Site for any commercial purposes without Caspad’s written authorization; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; interfering with the proper working of the Site; accessing any content on the Site through any technology or means other than those provided or authorized by Caspad; bypassing the measures we may use to prevent or restrict access to the Site, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or decompiling, reverse engineering, or otherwise attempting to obtain the source code of the Site.
Caspad reserves the right to reject any project without providing any reason. Caspad reserves the right to reject any audio recording that it deems to be of such poor quality that: It is not possible to transcribe more than 30% of the audio; or the project is above and beyond Caspad’s resources. In the event that a project is rejected, the prepaid sum will be nonrefundable and will only be used to cover the cost (part or wholly) of future services offered to you by Caspad.
The relationship between Caspad and the Customer established by this Agreement is solely that of independent contractors; neither party is in any way the partner or agent of the other, nor is either party authorized or empowered to create or assume any obligation of any kind, implied or expressed, on behalf of the other party, without the express prior written consent of such other party.
User Account, Password and Security
Caspad will, to the best of its capabilities; consistent with current best industry standards and such other requirements specified by the Customer based on the classification and sensitivity of Customer Information, maintain physical, administrative and technical safeguards and other security measures to: maintain the security and confidentiality of Customer Information accessed, collected, used, stored or transmitted by us; and to protect that information from known or reasonably anticipated threats or hazards to its security and integrity, accidental loss, alteration, disclosure and all other unlawful forms of processing. We will inform the Customer within 72 hours of detecting any actual or suspected unauthorized access, collection, acquisition, use, transmission, disclosure, corruption or loss of Customer Information, or breach of any environment containing Customer Information, (a “Security Incident”). We will remedy all Security Incidents in a timely manner and provide the Customer written details regarding our internal investigation regarding each Security Incident. Caspad agrees not to notify any regulatory authority, nor any customer, on behalf of the Customer unless the Customer specifically requests in writing that Caspad do so; and the Customer reserves the right to review and approve the form and content of any notification before it is provided to any party. Caspad will cooperate and work together with the Customer to formulate and execute a plan to rectify all confirmed Security Incidents.
Fees and Payments
To use our Service, you (the “Customer” or the “Client”) will be required to make one or more payments and provide us with information regarding your credit card, PayPal, M-Pesa or any other payment instrument. You represent and warrant to Caspad that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, change in billing address, PayPal email or credit card expiration date) that may occur. You agree to pay Caspad the amount that is specified by the Service in accordance with the terms therein and this Agreement. Caspad reserves the right to change our prices; if we change our prices, we will provide notice of the change on our website or in email to you. Your continued use of the Caspad Service after the price change becomes effective constitutes your agreement to pay the changed amount. Prepayments shall be nonrefundable and may only be used for future services. We have no refund, no cancellation policy; once an order is uploaded, the client is responsible for paying the full amount of the order. The customer is responsible for any fees incurred during the process of making payments to Caspad (for example, wire transfer fees). You acknowledge that you are fully responsible for costs incurred due to duplicative uploads or incorrect selection of service type. You understand that our charges are per audio-minute and all fees specified herein are denominated in United States dollars unless otherwise specified. You (the freelancer/contractor/subcontractor/Caspad service providers) acknowledge and agree that Caspad will pay you the stated amount for a project only if it meets the standards specified on our style guide (including any future modifications made to the style guide) which can be downloaded from our Site.
You are solely responsible for all audio and other data (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Caspad Service. You agree not to upload User Content that: may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person; may create a risk of any other loss or damage to any person or property; seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; may constitute or contribute to a crime or tort; contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; contains any information or content that is illegal (including but not limited to, disclosure of any classified information under the law; disclosure of insider information under securities law or of another party’s trade secrets); contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains any information or content that you know is not correct and current. You agree that any User Content that you upload does not and will not violate third-party rights of any kind, including but not limited to Intellectual Property Rights.
Intellectual Property Rights
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. Each party reserves all rights not expressly granted under this Agreement.
The Customer and End Users, and not Caspad, are solely responsible for all Customer Data and giving all required notices and obtaining all necessary consents (including all required permissions from Intellectual Property holders) before submitting Customer Data through or to the Site. Customer and End Users shall not submit, upload, email, transmit or otherwise make available through the Site any data not owned by Customer or End Users or for which Customer and End Users do not have all necessary authorization to submit, upload, email, transmit or otherwise make available through the Site. Caspad acknowledges and agrees that, as between the Customer and Caspad, the Customer owns all rights, title and interest (including all Intellectual Property) in and to Customer Data and any translations, transcriptions, or captions of such Customer Data. During the term of this Agreement, the Customer hereby grants Caspad and its service providers a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, publicly perform, publicly display, distribute, make and have made Customer Data as necessary for Caspad to: provide access to the Site to the Customer and End Users; and monitor the performance of the Site. The Customer acknowledges and agrees that, as between Caspad and the Customer, Caspad owns all right, title and interest (including all Intellectual Property) in and to the Site and all improvements, enhancements or modifications thereto, including all data therein (except for Customer Data). The Customer acknowledges and agrees that Caspad may collect or generate Aggregate Data in connection with providing the Customer and End Users with access to the Site, and the Customer hereby grants Caspad and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, publicly perform, publicly display, distribute, make and have made Aggregate Data for any lawful purpose. The Customer acknowledges and agrees that any Suggestions provided by you to Caspad are non-confidential, shall become the property of Caspad and Caspad will be entitled to the unrestricted use and dissemination of these Suggestions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The Customer shall not remove, obscure or modify in any way any copyright or trademark notices or other notices or disclaimers that appear within the Site or any other materials made available by Caspad.
In the event that some components of the Site may be provided with or have incorporated into them third-party software licensed under open source license agreements or other third-party license terms (“Third-Party Software”), the Customer acknowledges and agrees that: Caspad has no proprietary interest in any Third-Party Software; notwithstanding anything to the contrary, any Third-Party Software is provided “AS IS,” with all faults, and neither the licensor of Third-Party Software nor Caspad shall be liable for any direct, indirect, incidental, special, punitive or consequential damages, or loss or cost of cover, relating to arising from Third-Party Software, including access to or use of Third-Party Software; and Third-Party Software may be subject to separate terms and conditions set forth in the respective license agreements relating to such software.
Any notice alleging that materials hosted by or distributed through the Caspad Service infringe intellectual property rights must include the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; a description of the copyright-protected work or other intellectual property right that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Caspad Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of those materials on the Caspad Service is not authorized by the copyright owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under oath, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Infringement of intellectual property rights will lead to suspension or termination of use of the Caspad Service.
Computer Misuse and Cybercrimes Act
We comply with the Computer Misuse and Cybercrimes Act, 2018, enacted by the Parliament of Kenya in 2018 to provide for offences relating to computer systems; cybercrime matters and related purposes. By using or accessing our Site or the Service, you agree to comply with this Act.
Suspension and Termination
The term of this Agreement will commence on the date you begin using the Service and will continue as long as you maintain a user account, unless terminated by either party in accordance with the terms of this Agreement. Either party may terminate this agreement upon 30 days written notice to the other party. Caspad reserves the right to suspend or revoke access to the Site by any End User who violates this Agreement or any other of our policies. Caspad reserves the right to suspend the Customer or any End User’s access to the Site in the event of an emergency security issue; we will make commercially reasonable efforts to limit suspension to the minimum extent and duration necessary to eliminate the emergency security issue.
Notwithstanding anything to the contrary, this Agreement may be terminated as follows: by the non-breaching party upon a material breach of this Agreement by the other party, which breach is not cured within thirty (30) days after receipt of written notice from the non-breaching party; or by either party in the event the other party becomes insolvent or bankrupt; becomes the subject of any proceedings under bankruptcy, insolvency or debtor’s relief law; has a receiver or manager appointed; makes an assignment for the benefit of creditors; or takes the benefit of any Applicable Law in force for the winding up or liquidation of such party’s business. Upon expiration or termination of this Agreement for any reason: all rights granted by the parties under this Agreement shall immediately terminate; and the Customer shall immediately cease all use of the Site made available under this Agreement. Upon expiration or termination of this Agreement each party shall immediately cease all use of the other party’s Confidential Information and upon written request, destroy all copies of such Confidential Information that are within its custody or control. Notwithstanding the termination of this Agreement for any reason, neither party will be relieved of any duty, obligation, debt or liability that arose or accrued prior to the effective date of termination. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Caspad, for any reason or for no reason, including if in our discretion you violate any provision of this Agreement. Within 30 days of Termination, Caspad will return any prepaid, unused fees. Any provision that, by its terms, is intended to survive the expiration or termination of this Agreement shall survive such expiration or termination, including all other applicable terms for that provision.
Should you wish to contact us with any questions, complaints or claims with respect to the Service, or this agreement, contact us via email, firstname.lastname@example.org or via any other contact means provided on our website.
These terms of service were last modified on 07/June/2020.