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TRANSCRIPTION SERVICE
AGREEMENT
PARTIES
The parties
to this service agreement are ___________, hereinafter referred to as “Client”
and Haus Transcription, hereinafter referred to as “Contractor.”
CONSIDERATION
The parties
agree as follows:
1.
The Contractor shall
work independently and shall maintain, at her own expense, all equipment, office
space, software, and supplies necessary to provide services to the Client and
shall pay all related expenses.
Special templates or other forms unique to the Client’s office shall be
provided by the Client. The
Contractor shall otherwise use standard materials in producing the work
product. Transcription will be from
digital voice recorders onto a digital platform.
2.
Pickup and delivery of the will be uploaded to the Client by the
Contractor or their appointed subcontractors at http://haustranscription.etscript.com or through
the agreed upon web page. If both parties
agree, files may simply be sent via secure e-mail
attachment.
3. Turnaround
for the transcription services of reasonable and customary volume shall be
within 24 hours of Contractor’s receipt of materials from Client. Turnaround of less than 24 hours (Rush
Service) will be provided by the Contractor at a premium price of 0.2 cents
above standard price.
4.
Neither party shall be
obligated to provide or accept a predefined volume of work.
5.
The Contractor shall be
free to hire staff as necessary and work for other businesses.
6.
The Client shall
reimburse the Contractor in accordance with the following schedule:
a)
Medical transcription
services shall be billed at _____ cents per line, with the exception of STAT dictation, under
24 hour turnaround time, which shall be billed at _______ cents per 65 character
line.
b)
Rush services shall be
defined as any work requested by the Client to be completed in less than 24
hours from the time of receipt of materials by the Contractor. Rush services shall be billed at .02
cents per line above the standard rate.
c) Special
work, including transcription of meetings, designing forms, any
non-transcription work or any irregular transcription work (i.e. not patient
reports, unscheduled clinics, etc.) requested by the Client shall be contracted
on a per project basis at a rate agreed to by both parties. Special work shall be undertaken solely
at the discretion of the Contractor.
d) Typographical errors
will be corrected free of charge.
e) The
Contractor will provide an invoice of services by the 14th and 28th
day of each month (or last day of the month). Payment will be rendered within 5 days
after receipt of invoice. A late
fee of 10% or $10.00, whichever is greater, per month will be assessed on
invoices paid later than 10 days after submission.
CONFIDENTIALITY
The
Contractor agrees not to violate any confidence of the patient or their family
through indiscriminate discussion pertaining to the patient, their treatment,
diagnosis, or prognosis. The
Contractor agrees that all patient records and patient information are strictly
confidential and shall not make any disclosures.
ERRORS AND
OMISSIONS
The Client
accepts full and final responsibility for content, accuracy, and completeness of
all reports, transcripts, or documents and agrees that their providers shall
proofread all reports, transcripts, or documents prepared by the Contractor.
LIABILITY
Contractors
liability under this service agreement shall be limited solely and exclusively
to the correction of typographical errors.
The Client agrees to submit requests for changes due to typographical
errors within 30 days of delivery of final document.
GOVERNING LAW
Enforcement of rights and responsibilities under this
contract shall be governed by the laws of the State of
DURATION AND RENEWAL
This
contract shall be effective beginning _________, 2009 and will renew itself
monthly until either party gives the other a 30 day written notice to terminate
services.
TERMINATION
This
contract may be immediately terminated by either party for any reason within 30
days of the date of this contract.
MATTERS NOT
INCLUDED
This
document represents the entire agreement between the parties. No other terms or conditions shall be
implied or inferred from the text or otherwise. Any changes or amendments to this
agreement shall be in writing and shall be agreed to by both parties.
"PHYSICIAN IS RESPONSIBLE
FOR REVIEW OF ALL TRANSCRIBED DOCUMENTS BEFORE
SIGNING."
_____________________, _____________________
Client
_____________________, _____________________
Contractor
______________________
Date
______________________(Contractor) - Subcontractor ______________________
Address_________________________________________
This completed document forms a contractual agreement between: ___________________
referred
herein as the Subcontractor, doing business at 411 Nowhere Lane, Normal, PA 17000 and the Contractor above so named.
The
parties named herein desire a contractual business arrangement regarding the
transcription of medical dictation and hereby agree:
1)
Supplies provided to the Subcontractor by the Contractor that are a necessary
requirement for the completion of work must be ordered by the Subcontractor from
the Contractor or Contractor's client in a timely fashion such that the
Subcontractor will not be without said necessities.
2) The
Subcontractor is responsible for any supplies and equipment necessary to perform
the contracted work. Furthermore, the Subcontractor is responsible for the
upkeep of any machines or other equipment required to complete work and shall
not let machines or equipment fall into disrepair, thereby affecting the
Subcontractor's ability to perform work in the agreed manner and
time.
3) The
Subcontractor may only communicate with the Contractor's client in matters
regarding the actual work of transcribing dictation for said client and may not
communicate with said client regarding any matters concerning billing, pricing,
or any other matter not pertaining to said work. In all communication with the
Contractor's client, the Subcontractor shall identify themselves as agents of
the Contractor and may not identify themselves as independent agents having
their own business.
4) The
Subcontractor agrees that patient and client confidentiality are of utmost
importance. No work performed by the Subcontractor for the Contractor may be
disposed of without first shredding said documents. The Subcontractor will
set-up files and directories on computer(s) in such a way as to prevent
unauthorized viewing, deleting, or copying. Said computer(s) will also be
configured to prevent unauthorized use and will also employ security devices to
prevent theft of said computer(s). No work shall be sent from the computer
without it first being encrypted using a minimum of 128 bit encryption. No
patient or client names will be stored by the Subcontractor in any form of
database for use after termination of this contract. Regular back-ups of
Contractor's Clients' work will be made in order not to forever lose the
transcribed work.
5) Payment
to the Subcontractor by the Contractor will be for completed work only. Payment
will be made on a per-line basis at a rate which will vary depending on the
specific HT client the subcontractor transcribes for, with said line being 65
characters per line. Notification of rate of pay will be
given at the beginning of work on any new client transcription and/ or QA work.
Any monetary penalties for
late work imposed by the Contractor's client will be passed-on to the
Subcontractor responsible for completion of that client's work, if the
Subcontractor is responsible for said late work. The Subcontractor will have
special labels on-hand at all times, of the type specified by the Contractor,
should labels be required as part of completing work. The Subcontractor shall
purchase these labels.
6)
Invoices for payment for completed work must be submitted to the Contractor on
the 14th (fourteenth) and 28th (twenty-eighth) day of each month. The
Subcontractor must provide a separate invoice for each of the Contractor's
clients with proof of work performed. The Contractor will pay the Subcontractor
within 7 (seven) days of the Contractor being paid by the Contractor's client,
except for weekends, holidays, and Acts of God.
7) Upon
dissolution of this agreement, for whatever reason, machines, supplies, or
equipment loaned to the Subcontractor by the Contractor, or the Contractor's
client, must be returned to the Contractor or the replacement cost of said
machines, supplies, or equipment will be deducted from outstanding monies owed
by the Contractor to the Subcontractor. Should outstanding monies be
insufficient to replace said unreturned machines, equipment, or supplies, the
Contractor may still seek satisfaction under local laws and statutes of the
Contractor's business domicile, or Subcontractor's business domicile, at the
discretion of the Contractor.
8) At no
time within 2 (two) years of termination of this contract may the Subcontractor
approach or perform work for the Contractor's client in any form or manner,
unless dealing with the Contractor as an agent. The Subcontractor may not accept
any offer of work made by a Contractor's client, nor offer to provide services
to a Contractor's client, either directly or by any other method or means,
intended or unintended, that would disguise the client's identity, the
Subcontractor's identity or would somehow obfuscate the relationship. No such
relationship, including the Subcontractor working through or with another
subcontractor, shall be allowed.
9) The
contractor's name, logo, trade-mark or trade-marks, letterhead, and any other
intellectual property of the Contractor shall remain exclusively as the
Contractor's. The Subcontractor may only make use of these properties when
acting as an agent of the Contractor. The Subcontractor may not act in such a
way as to have others perceive them as actually being the Contractor and may not
employ any device that would allow the Subcontractor to benefit from the
Contractor's reputation.
10) The
Contractor and Subcontractor must give written notice of at least 14 (fourteen)
days of their desire to dissolve this contract. All outstanding work, finished
work, loaned equipment, machines, or supplies, must be returned by the
Subcontractor on the last day or prior to the last day of this notice. Within
the life of the notice period, the Subcontractor is still bound to perform in
accordance with this contract. Any substandard performance or inability to
complete Contractor's clients' work by the Subcontractor in a timely fashion may
result in the Contractor waving the notice period to save the Contractor's good
business name. Any costs associated with premature dissolution of this contract
in this regard may be deducted from the Subcontractor's final
payment.
11) Breach
of any part of this contract could result in the termination of this contract by
the Contractor without notice to the Subcontractor. All normal clauses
pertaining to dissolution of this agreement would then come into
effect.
12) The
Contractor reserves the right while under contract with the Subcontractor, and
without formal notice, and without any explanation, to change or remove the
Contractor's clients for whom the Subcontractor is performing
work.
13) The
Contractor cannot guarantee the quantity of work to be sent to the
Subcontractor. The Subcontractor understands that the Subcontractor/Contractor
relationship may depend in whole or in part on the relationship between the
Contractor and the Contractor's client and understands fully therefore that loss
of the client's work to the Contractor will be regarded by both parties as good
and sufficient reason to thereby terminate the contract between the Contractor
and Subcontractor.
The
Subcontractor, ___________________, agrees to honor and completely understands this
contract, as confirmed with the Subcontractor's signature below.
____________________________________
Subcontractor or Authorized Person
Signed
this ______ day of ______ in the year ______.
____________________________________
Contractor
or Authorized Person