Terms Of Service
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
This agreement contains the legal foundation for your engagement with ATCcenter. To perform work on the ATCcenter platform, you must agree to these Terms of Service.
1. ATCcenter – Crowd-Worker Relationship
These Terms of Service govern the relationship between ATCcenter, Inc. (“ATCcenter”) and you (“You”, “Your”, “Transcriber” or “Crowd-Worker”), and your contracted engagement with ATCcenter, and upon acceptance constitute a legally binding contract.
2. Privacy
We value our client and transcriber confidentiality, and as such, you are not permitted to share or distribute any Client’s personally identifiable information or transcription content to others. This includes, but is not limited to: customer names, company names, physical or email addresses, worker names, worker IDs or email addresses, phone numbers, and transcription content.
You are explicitly prohibited from sharing any and all information related to Clients as well as client audio, video, and text content, and information relevant to client orders.
For information about how ATCcenter protects your privacy, please read the ATCcenter Privacy Policy for Transcribers. This policy explains how ATCcenter treats your personal information, and protects your privacy, when you use the ATCcenter Service.
3. Nondisclosure Agreement
ATCcenter provides secure and confidential voice-to-text transcription services to its clients. Upon acceptance of these Terms, you commit to holding all ATCcenter materials that you have access to secure and confidential. You will do everything in your power to protect ATCcenter materials from eyes and ears not approved for access to these materials.
This includes but is not limited to: audio and video files, text transcripts, micro- tasks, review reports and all information contained therein, proprietary training materials, and certification materials. Aside from with members of the ATCcenter staff, you are forbidden from recording, copying, saving, sharing, or discussing these materials at any time, in any manner, including by means of the Internet. If you have access to files for offline work, you are required to delete the files immediately after the project completion.
You also agree that at all times during or subsequent to your engagements on the ATCcenter platform, you will keep confidential and not divulge, communicate, or use information related to either ATCcenter or our Clients. You agree not to cause the transmission, removal, or transport of tangible embodiments of, or electronic files containing ATCcenter or Client Information, whether in physical or electronic form.
You must exercise restraint in respect to discussing and sharing private client details on all forms of internal communication, including Yammer and associated corporate social networking channels. While general questions regarding how to transcribe a particular part of audio are acceptable, no sensitive Client information can be discussed or shared at any point in time unless it is with internal ATCcenter staff.
4. Quality Requirements and Rejection of Work/Payments
All work that is submitted is subject to review prior to being approved and payment being made.
The standard expected quality level is 98% minimum, counted as 2 permitted corrections within each 100 words of the output, including spelling and grammar. Work must be submitted in accordance with provided instructions, style guides, and format. We reserve the right to reject work, with or without pay, at our discretion, for work that does not meet the 98% quality threshold.
Certain projects have different SLA requirements, which will be communicated to you in advance.
5. Restriction on Delegation
You acknowledge and agree that you will provide your real name in your ATCcenter Platform account. You acknowledge and agree that you will not delegate your assigned engagements to any other person or parties you are expected to conduct yourself.
6. Professionalism and Business Ethics
We expect you to demonstrate and maintain professional behavior throughout your course of engagement with ATCcenter. Obscene, abusive, threatening and/or harassing behavior or language geared toward team members, partners, affiliates or any members of our Crowd-Worker team will not be tolerated. Solicitation of any kind to other crowd members is expressly prohibited.
7. Qualifications
ATCcenter provides a system of online qualifications and certifications. We reserve the right to create, edit, or revoke qualifications at any time, for any reason or for no reason. ATCcenter will further remove certifications for repeat errors in production work related to the certification.
8. Liability
You are fully responsible for any violation of the Terms and are liable for all consequences that may result from such a violation. This includes any loss or damage suffered by ATCcenter or its clients as a result of your violation of these Terms of Service.
9. Rates
ATCcenter reserves the right to set, change and expire various payment rates for work conducted on the ATCcenter platform. Payment rates can change frequently as they are related to particular audio and video projects being processed.
10. Payments
Payments for completed work are processed via PayPal and AliPay (where applicable). ATCcenter is not responsible for any delay in payment caused by the payment processor, non-delivery of payment due to payment processor, or denial of payment by the payment processor for any reason.
11. Reporting Inappropriate Content
The contents of all audio and video files provided by ATCcenter for transcription are subject to any applicable local, state, national or international laws and regulations. If you become aware of any content that you feel may violate such laws or regulations, please report this content to ATCcenter immediately.
12. Platform Platform Usage
As part of your engagement with ATCcenter you will be authorized to access the ATCcenter Platform, our online transcription platform, and other online assets as required by your engagement. You agree that you will not attempt to access jobs, content, or data for which you have no authorization. You agree not to hack, reverse engineer, or otherwise attempt to access areas of the ATCcenter Platform for which you are not authorized.
13. ATCcenter Intellectual Property
The use of ATCcenter’s brand names, logos, domain names, trademarks, service marks, copyrighted materials, patents, or any other brand elements unique to ATCcenter and our Services is strictly prohibited.
In the course of performing work on the ATCcenter platform, you will be granted temporary bona fide access to Client content as well as access to ATCcenter proprietary systems. You agree that all the intellectual property generated in the course of work performed remains the property of ATCcenter and our Clients.
14. Termination
ATCcenter may terminate your engagement at any time with or without reason. ATCcenter further reserves the right to suspend your account following violation of these Terms of Service. You are able to petition your account suspension in writing to ATCcenter.
15. Changes to the Terms of Service
ATCcenter reserves the right to change or alter these Terms at any time for any reason. The revised version will be available to you via posting on the ATCcenter website. It’s your responsibility to check these Terms of Service periodically to review any changes.
16. Acceptance of Terms
Your decision to continue your contracted engagement with ATCcenter is your acceptance of any changes to the Terms. If you do not accept the terms, you must terminate your engagement immediately.
17. Style Guide Adherence
All work distributed to you by ATCcenter will always be subject to style guide rules which must be strictly adhered to when completing the task. Any work submitted which does not meet the parameters outlined in the associated style guide may be rejected by ATCcenter, forfeiting compensation in part or in full for that task. The final determination is at the discretion of the ATCcenter team. Adherence to style guides is critical for a successful engagement with ATCcenter.
18. Rejections Appeal Process
Any submitted work that does not meet the requirements of Quality, Turnaround Time, and Style Guide adherence will be subject to rejection. You will not be compensated for any rejected work. It is possible to dispute work rejections if you can demonstrate that your work was incorrectly rejected. Rejection queries will be sent to the ATCcenter Helpdesk. You will need to provide an ID number for the file(s) in question. The ATCcenter Team will conduct a review and make a determination about the merit of the dispute. All decisions made by the ATCcenter team are final.
19. Equipment and Tools
The ATCcenter Platform is a fully featured online platform that provides all the necessary tools to effectively and accurately complete transcription tasks. If you wish to increase your efficiency, we suggest you make use of a pair of high quality headphones, and potentially a foot pedal to start and pause the audio. ATCcenter supports a range of foot pedal models to aid in the transcription process. For more details about the make and models we currently support, along with installing instructions, please visit the ATCcenter Helpdesk and the Transcriber Watercooler community.
20. Minimum Payment Threshold
Your earnings will accumulate on the Platform and they must pass a certain threshold before the funds are eligible to be paid out. Any funds under the threshold will not be transferred to you until the minimum threshold amount has been met. ATCcenter reserves the right to change the Minimum Payment Threshold at any time, without written or verbal notice.
21. Inactive Accounts
ATCcenter has created an ecosystem to help you monetize your downtime with flexible work hours and diversity of possible work options based on your qualifications. While there are no minimum weekly hours that you need to spend on the Platform, ATCcenter reserves the right to deactivate your user account if you have not been actively engaging in paid work within a ninety (90) calendar day period. By choosing to be inactive for over 90 calendar days, you agree to forfeit any funds that you have accumulated but not withdrawn.
22. Age Restriction
ATCcenter crowd-distributed work is limited to persons aged eighteen (18) years or older, and legally capable, by U.S. law, of entering into a legally binding contract with ATCcenter. Acceptance of these Terms of Service represents admission of authorization of legal age and binding contractual capacity.
23. Severability
If one or more of the provisions in these Terms of Service are deemed void or unenforceable to any extent in any context, such provisions shall nevertheless be enforced to the fullest extent allowed by law in that and other contexts, and the validity and force of the remainder of this Agreement shall not be affected.
24. Taxation and Independent Contractor Relationship
As well as all other crowd workers, you are an Independent Contractor to ATCcenter. You are solely responsible for the payment of any and all taxes or fees relating to payments to be received by you from ATCcenter, including without limitation, all Federal, state, and local income taxes, Social Security taxes, Unemployment Insurance taxes and any other such taxes, whether foreign or domestic, and any business license or other fees arising from your engagements on the ATCcenter platform.
25. Terms of Service in Multiple Languages – Precedence
ATCcenter maintains and updates these Terms of Service in multiple languages. While localized documentation carries the same meaning within all clauses, contradictions due to translation or localizations may arise. In the case of any contradictions, the English version will be considered the correct version.
26. Governing Law
The laws of the State of California shall govern the validity, interpretation, construction, and performance of these Terms of Service, without giving effect to the principles of conflict of laws.
These Terms were last modified on the 1st of August, 2018.