Terms and Conditions

 

Please read these Terms and Conditions (“Terms,” “Terms of Use”) carefully before using the https://swyfttranscription.com/ website and the services provided by SWYFT Transcription (“Swyft,” “us,” “we,” or “our”).

1. Acceptance of Terms

By accessing or using the Swyft Transcription website and services, you agree to be bound by these Terms and all applicable laws and regulations. If you disagree with any part of the terms, you may not access the website or use our services.

2. Services Provided

Swyft Transcription provides secure and efficient healthcare documentation services, including but not limited to:

  • Medical Transcription
  • Workers’ Compensation Reports
  • Medical/Legal Data Extraction (e.g., of Denied Health Insurance Claims)
  • Medical Record Review
  • Other related professional healthcare documentation and data services as agreed upon in a separate service agreement.

3. Client Responsibilities and Compliance (HIPAA)

A. Accuracy and Authorization: The client (you) is solely responsible for the accuracy, completeness, and legality of all audio files, documents, and data provided to Swyft. You warrant that you have the necessary legal authority to provide all data to us for processing.

B. HIPAA and Business Associate Agreement (BAA): * As Swyft handles Protected Health Information (PHI) on behalf of covered entities, a separate Business Associate Agreement (BAA), compliant with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing regulations, is required before any PHI is transmitted to Swyft. * These Terms are subject to the terms of the BAA, which shall govern our handling of PHI.

C. System Requirements: You are responsible for ensuring your systems, equipment, and network connections meet the necessary requirements for accessing and using our services.

4. Fees, Payment, and Billing

A. Pricing: Fees for services are based on the rates, pricing structure, and terms outlined in a separate, agreed-upon Service Agreement or Statement of Work (SOW).

B. Invoicing: Swyft will invoice the client [Specify invoicing frequency, e.g., weekly, bi-weekly, monthly] for services rendered.

C. Payment Terms: Payment is due within [Specify number, e.g., 30] days of the invoice date. Late payments may be subject to interest or penalties as specified in the Service Agreement.

5. Security and Data Protection

Swyft employs reasonable and appropriate administrative, technical, and physical safeguards to protect the confidentiality, integrity, and availability of client data, including PHI, as required by law and the BAA. However, no security system is impenetrable, and we cannot guarantee that unauthorized third parties will never be able to defeat our security measures.

6. Intellectual Property

A. Service Ownership: The website, services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Swyft Transcription, its licensors, or other providers of such material and are protected by intellectual property laws.

B. Client Data: All raw data and files provided by the client, and the final transcribed or reviewed documents created by Swyft based on the client’s data, remain the property of the client. Swyft is granted a limited, non-exclusive license to use this data solely for the purpose of providing the contracted services.

7. Termination

A. Termination by Client: The client may terminate the services and these Terms upon [30] days’ written notice, subject to any minimum commitment periods or early termination clauses in the Service Agreement.

B. Termination by Swyft: We may suspend or terminate your access to the services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms or the BAA.

C. Effect of Termination: Upon termination, your right to use the services will immediately cease. You will remain obligated to pay for all services rendered prior to the effective date of termination.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWYFT TRANSCRIPTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9. Limitation of Liability

IN NO EVENT SHALL SWYFT TRANSCRIPTION, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Swyft Transcription and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:

  1. Your use of and access to the Service.
  2. A breach of these Terms, the BAA, or any applicable law (especially HIPAA).
  3. Your negligence or willful misconduct.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of [Specify State, e.g., Florida] without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least [Specify number, e.g., 30] days’ notice before any new terms take effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

SWYFT Transcription
Email: info@swyfttranscription.com
Phone: +15105649434