MKKJ Transnet Enterprise (the "Service Provider"), through its trading name MKKJ Medical Transcription and its website https://secure.mkkjmeditranscription.com will provide medical transcription services to user(s) of the service (the "Customer").
Services Provided
The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of:
Facilitation of transfer of medical transcription files (audio and text) between the Customer and Service Provider, compliant with international guidelines regarding privacy and data protection.
Transcribe dictated English language medical audio files into text files.
The Service Provider hereby agrees to provide such Services to the Customer.
Term of Agreement
The term of this Agreement (the "Term") will begin on the date of the first login to the website https://secure.mkkjmeditranscription.com executed by the Customer and will remain in full force and effect indefinitely until terminated as provided in this Agreement.
In the event that the Customer wishes to terminate this Agreement, the Customer will be required to provide sixty (60) days notice to the Service Provider.
In the event that the Service Provider wishes to terminate this Agreement, the Service Provider will be required to provide seven (7) days notice to the Customer.
Except as otherwise provided in this Agreement, the obligations of the Service Provider will end upon the termination of this Agreement.
Performance
The Customer and Service Provider agree to do everything necessary to ensure that the terms of this Agreement take effect.
Any interruption in Service(s) caused by malfunction of any physical Telecommunication Media or Facility will not be deemed a breagch of Service Provider's obligations under this agreement.
Compensation
For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Service Provider as follows:
The Customer will pay the Service Provider at the cost per line transcribed (the "Cost Per Line") advertised on this website (https://www.mkkjmeditranscription.com/pricing.html) in the currency specified by prior agreement by email or in writing, or in USD (US Dollars) if unspecified. Number of lines transcribed will be assessed by automated application provided by the Service Provider. Payment will be due within 28 days of date of invoice. The Service Provider may change the Cost Per Line by providing the Customer with 90 days notice by email and/or updating the website (https://www.mkkjmeditranscription.com/pricing.html).
Confidentiality and Data Management
Confidential information (the "Confidential Information") refers to any data or information relating to the Customer or the Customer's clients, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer or the Customer's clients.
The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer or as required by law. This obligation will survive indefinitely upon termination of this Agreement. Confidential Information pertaining to Customer's account will be deleted from the Service Provider's systems at termination of this Agreement, at the request of the Customer, or after 18 months of being held, whichever is the first to occur.
Service Provider will make reasonable effort to prevent breaches of data security and transfer of malicious code, including: applying security updates to operating system, applications and virus definitions; applying virus scanning; offering HIPAA (USA) and Data Protection Act (UK) compliant encryption for data transfer.
Customer bears responsibility for the security of all data exchanged through unencrypted electronic mails and privacy of its user identification names and passwords.
Service Provider will have no liability to the Customer or any third party based upon unauthorized access to Confidential Information due to inadequate use of encryption for electronic mails and/or disclosure of identification names and passwords by the Customer.
Customer shall be responsible for verifying the content of the medical transcriptions for accuracy.
Limitation of Liability
It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
Assignment
The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
Governing Law
The validity, interpretation, enforceability, and performance of this agreement, shall be governed by and construed in accordance with the governing laws of Malaysia.
Disputes
Any dispute between Customer and Service Provider related to this Agreement will be settled through arbitration. If arbitration fails to come to a resolution, the dispute will be resolved in court.
Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Latest update: 1 February 2016