Terms & Conditions

This website protypeservices.co.uk is operated by Protype Services Ltd, a company registered in England and Wales, company registration number 13466124, whose registered office is located at 7 South Hill, Godalming GU7 1JT.

The Company is registered with the Information Commissioner as a data controller, with registration number ZB099481.

All Protype Services employees, contractors, associates and homeworkers are bound by contractual privacy terms at least as strict as defined in this policy, and are full UK residents paid via UK bank accounts.

When requesting a quote on our website, we ask you to give us your name and email address for the purpose of supplying the services to you.

The information you provide will be kept confidential. We will hold, use and disclose your personal information for our legitimate business purposes including:

• to identify you and authenticate your use when you visit the site.
• to provide our services to you as a user of the site.
• to process invoices and billing information for payment for our services.
• to release personal information to regulatory or law enforcement agencies if we are required or permitted to do so.

Under GDPR, the main grounds that we rely upon in order to process personal information of our users are the following:

• Necessary for entering into, or performing, a contract – in order to perform obligations that we undertake in providing a service to you, or in order to take steps at your request to enter into a contract with us, it will be necessary for us to process your personal data;

• We will only share your personal information with trusted third parties where we have retained them to provide services that you have requested or for our legitimate business purposes, such as accountancy, IT or professional support services. 

Data Processor Obligations

The Processor shall ensure that it and any sub-processor (to be engaged only with the Controller’s consent and on the same terms as below) identifies the Personal Data as above and –  

1) in processing the Personal Data: 

(a) does so only on documented instructions from the Controller; 

(b) does not transfer the Personal Data to a third country or an international organisation, unless the Controller so instructs, or the Processor is required to do so by law;  

(c) if the Processor is required by law to make such a transfer, the Processor shall inform the Controller of that legal requirement before transferring, unless the law prohibits such information being given on important grounds of public interest.  

2) ensures that persons authorised to process the Personal Data are bound by contractual confidentiality obligations which reflect the requirements of these clauses and the need to keep the Personal Data secure and confidential.  

3) ensures appropriate technical and organisational measures are in place (and advises the Controller of these measures) to ensure a level of security appropriate to the risk, including inter alia as appropriate:  

(a) the pseudonymisation and encryption of the Personal Data;  

(b) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;  

(c) the ability to restore the availability and access to the Personal Data in a timely manner in the event of a physical or technical incident;  

(d) a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.  

In assessing the appropriate level of security, account may be taken of adherence to an approved code of conduct, and shall be taken of: 

(i) the state of the art, the costs of implementation and the nature, scope, context and purposes of processing;  

(ii) the risk of the varying likelihood and severity for the rights and freedoms of natural persons;

(iii) the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to the Personal Data transmitted, stored or otherwise processed.  

4) does not engage another processor (a sub-processor) unless the Controller in its absolute discretion gives a specific or general written authorisation; and where such consent is given, the Processor: 

(a) shall inform the Controller of any intended changes to a general written authorisation to add or replace processors, thereby giving the Controller the opportunity to object to such changes; 

(b) shall impose the same data protection contractual obligations as set out in these clauses; 

(c) acknowledges that the Processor remains fully liable to the Controller for the performance of the sub-processor. 

5) assists the Controller by appropriate technical and organisational measures, so far as possible, to respond to requests for exercising the data subject's rights under Data Protection Legislation, including Chapter III of the GDPR. 

6) assists the Controller with:  

(a) its obligations to ensure that appropriate technical and organisational security measures are in place, including the documentation of those measures; 

(b) notifying any Personal Data breach to the supervisory authority (the UK ICO) and to the data subject;  

(c) data protection impact assessments and consulting the supervisory authority where an assessment indicates the processing involves unmitigated high risk. 

7) at the choice of the Controller, deletes or returns all the Personal Data to the Controller after the end of the provision of services relating to processing, and deletes existing copies unless Data Protection Law requires storage of the Personal Data.  

8) makes available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this clause and allow for and contribute to audits, including inspections conducted by the Controller or another auditor mandated by the Controller; and immediately informs the Controller if, in its opinion, an instruction infringes Data Protection Legislation.

Data Retention Policy

• Booked audio is retained for 30 days from contract end date.
• Quote audio is retained for 14 days from receipt.
• Financial and account data is retained for 7 years. 
• User access to transcripts is available for 3 months from contract end date.
• Restricted-access, encrypted archives of transcripts are retained for 6 months for the sole purpose of supplying replacements.
• Data is never collected or retained for any marketing purpose.
• User login and account information to provide access to our services - length of contract plus 2 years
• Customer contacts for accounts and invoicing purposes - length of contract plus 6 years
• Customer contacts for sales and quotation purposes - 1 year
• Website and email usage and analytics data - 7 years anonymised
• Customer feedback on our services - 5 years

Data transfer, including audio uploads and transcript downloads, is secure and encrypted with 256 bit SSL. Non-encrypted transfer of data is always strictly opt-in.

Payment Terms

• Invoices are sent via email once the work is complete, and are payable within 30 days of receipt.
• No export restrictions are applicable, but all transactions must be in British Pound Sterling. The client must pay all conversion and bank fees for overseas payments.
• Protype Services cannot accept payments in foreign currency.
• Invoices must be paid by UK entities, or by arrangement by EU companies only by express agreement. We are unable to invoice US companies or process W8 forms without separate agreement.

 Customer Satisfaction

• Where a customer is not satisfied with the first draft of a transcription, further proofing and revisions are provided at no extra charge within the scope of the agreed quotation.
• Where audio is good, 99% accuracy is promised. Where audio is of poor quality, transcripts may be incomplete and no accuracy level is guaranteed. Refunds are not offered for incomplete or inaccurate transcripts due to poor quality audio, except at Protype Service's discretion.
• Protype Services accepts no liability for loss or damage arising from errors and inaccuracies in our transcripts. It is the client's responsibility to check for errors and accuracy before further use.
• Protype Services is a secretarial support service, and our transcripts are not certified for financial advice, court, diagnostic or legal use. Protype Services’ work should not be used for professional purposes without further approval by a suitably-qualified professional.
• Protype Services’ transcripts do not constitute a statement of truth in a court of law and we do not guarantee accuracy for legal purposes. 

 Delivery

• 100% email deliverability is not possible or guaranteed, due to the nature of email.
• Protype Services endeavours to deliver transcripts by 5pm on the agreed deadline date. However deadlines are estimates and are subject to revision. Late delivery does not entitle the client to withhold agreed payment for work completed. 
• Protype Services cannot accept liability for loss or damage arising from delays in completion of work, delivery of transcripts or return of physical media.
• Quotes are provisional and subject to ongoing capacity.   

Refunds

• Refunds are not available after commencement of work, except at the discretion of Protype Services. 
• Where a client cancels an order, charges for work already completed will be payable. 
• Replacement transcripts are stored and available on request for 90 days, from the contract completion date.
• Complaints should be notified in writing or email to Protype Services, within 10 days of receipt of work. Complaints made after this date will not be entered into. 

 Liability

• Protype Services provides secretarial services, not records of truth. Protype Services shall not be liable to any client or any third party in any circumstances whatsoever for any direct or consequential loss or damage of any kind (including loss of profit) and the client shall indemnify Protype Services against all claims and demands for any such consequential loss or damage.
• It is company policy that Protype Services will not sign any contract or agreement that contains an indemnity or loss liability clause. 
• Protype Services assumes no liability for loss or damage to physical or digital data or media transferred to us by post, or online, and cannot guarantee safe or timely return of goods to sender.
• Protype Services is a limited liability company. The members of Protype Services Ltd including directors, employees, subcontractors or representatives, cannot be held personally liable for the Ltd company’s debts or other losses.
• The client shall indemnify Protype Services in respect of any losses, damages, costs (including reasonable legal fees), expenses or any other claims suffered by Protype Services and arising out of any publication of transcribed data, or libellous or illegal matter contained in any material printed or produced for the client. 

Confidentiality Agreements

Please click on the following links to download copies of our Confidentiality Agreements: