Typist Confidentiality Agreement

AGREEMENT FOR THE PROVISION OF
TYPING SERVICES TO WETYPE LIMITED

1. The Freelance home transcriber/contractor has elected to provide typing services on their own account, as and when they choose to do so, to WeType Limited upon the terms and conditions herein contained in this document.
2. The Freelance home transcriber/contractor agrees to sign this document and the accompanying paperwork relating to Confidentiality, Data Protection Requirements and Professional Conduct.
3. The Freelance home transcriber/contractor agrees that, when they elect to undertake the typing of a voice file, the completed work will be done in a timely manner as outlined prior to acceptance by WeType Limited.
4. Work may be made available from time to time by WeType Limited. The Freelance home transcriber/contractor is under no obligation to undertake any work.
5. WeType Limited will not provide any equipment or location facilities.
6. In consideration of the provision of services by the Freelance home transcriber/contractor, WeType Limited shall pay an agreed fee on presentation of invoice.
7. Nothing in these terms shall prevent the Freelance home transcriber/contractor from providing services to any other person or company.
8. In the provision of services to WeType it is assumed and agreed the Freelance home transcriber/contractor acts in a self-employed capacity and is not entitled to any benefits accruing as an employee of WeType Limited.
9. The Freelance home transcriber/contractor is responsible for any and all income tax, national insurance, local taxes and any other contributions and liabilities due; and to make such declarations to the relevant authorities and indemnify WeType Limited in respect thereof.
10. The Freelance home transcriber/contractor will not permit another person to undertake work on their behalf in any circumstances.
11. The Freelance home transcriber/contractor will not use voice recognition programs in the provision of transcription services unless by prior approval of WeType Limited.
12. This agreement may be terminated by either party in writing with immediate effect.
13. This agreement shall be governed by English Law.

For and on behalf of WeType Limited

Signed ……………………………………………….

(authorised signatory)

I have read and understand my obligations and agree to be bound by same.

Signed ……………………………………………….

Name ……………………………………………….

Date ……………………………………………….

Enclosures:

● Confidentiality Agreement
● Data Protection Requirements
● Professional Conduct

CONFIDENTIALITY AGREEMENT

This Confidentiality Agreement is made between:

(1) WeType Limited whose registered office address is: GF04, King’s Lynn Innovation Centre, Innovation Drive, King’s Lynn, Norfolk PE30 5BY.

AND

(2) The Freelance home transcriber/contractor known as INSERT NAME HERE whose location for transcription purposes is: ADDRESS HERE

RECITALS:

(A) WeType Limited wishes to use the typing services supplied by The Freelance home transcriber/contractor.

(B) The Freelance home transcriber/contractor wishes to carry out typing services on behalf of WeType Limited.

(C) Both parties acknowledge that WeType Limited will inevitably pass Confidential Information to The Freelance home transcriber/contractor when making use of typing services, and does so on the terms set out below.

IT IS AGREED AS FOLLOWS

1. Definitions

Confidential Information shall include information provided directly or indirectly by WeType Limited to The Freelance home transcriber/contractor, in oral, documentary or electronic form, and any copies or transcripts thereof, and any documents created by The Freelance home transcriber/contractor which include such information for the purpose of carrying out the typing service.

The Price the price paid by WeType Limited for provision of typing services.

Typing Service all audio and copy typing, transcription, photocopying and other service supplied on behalf of WeType Limited.

2. Undertakings

In consideration of the Price, I, the above named Freelance home transcriber/contractor undertake:

(a) to keep the Confidential Information secret at all times;

(b) not to disclose it or allow it to be disclosed in whole or in part to any third party without WeType Limited’s prior written consent;

(c) not to use the Confidential Information in whole or in part for any purpose except for that of providing typing services exclusively to WeType Limited;

(d) not to make use of, or permit to be made use of, any information relating to WeType Limited’s technology, technical processes, business affairs, finances, or any such information relating to an affiliates, suppliers, or customers of WeType Limited; and

(e) to comply with applicable data protection requirements.as agreed by me in writing.

2.1 I undertake to take proper and all reasonable measures to ensure that the Confidential Information remains secret and have completed WeType Limited’s Information Governance training on WeType DictationMaster in MyProfile section.

2.2 I have read and agreed to the Terms and Conditions outlined on WeType DictationMaster in MyProfile section in relation to Data Protection and GDPR.

2.3 I shall not use the Confidential Information directly or indirectly to procure any commercial benefit to me or any third party or to cause any loss to WeType Limited.

3. Exceptions

The obligations of confidentiality set out in this Agreement shall not apply, or shall cease to apply to any information that WeType Limited can show by written records:

(a) is in the lawful possession of and is at free disposal of The Freelance home transcriber/contractor, is published or is otherwise in the public domain; or

(b) becomes publicly available on a non-confidential basis; or

(c) is received in good faith by The Freelance home transcriber/contractor who, on reasonable enquiry, has no obligations of confidence to WeType Limited.

4. Return of information and property

4.1 The Freelance home transcriber/contractor acknowledges and agrees that the property and copyright in the Confidential Information belongs to the author and/or subject and/or the person (“Data Controller”) responsible for submitting the Confidential Information to WeType Limited.

4.2 At WeType Limited’s written request, The Freelance home transcriber/contractor will return immediately to WeType Limited all Confidential Information received under this Agreement which may still be in the possession of The Freelance home transcriber/contractor, including any copies made.

4.3 The obligations of The Freelance home transcriber/contractor under this Agreement shall continue in force from the date on which each and any typing service is supplied.

5. Payment

5.1 In consideration of the provision of typing services, WeType Limited shall pay The Freelance home transcriber/contractor the agreed fees. WeType shall generate on behalf of The Freelance home transcriber/contractor an invoice from the WeType DictationMaster software on the last working day of each month and payment will be made on the 15th day of the following month or the next working day thereafter if it falls on a weekend.

5.2 The Freelance home transcriber/contractor shall be responsible for making all appropriate PAYE deductions for tax and National Insurance contributions.

6. Governing law and jurisdiction

This Agreement shall be governed by and construed in accordance with English Law and
shall be subject to the exclusive jurisdiction of the English courts.

7. Protection of the legitimate business interests of WeType Limited

7.1 The Freelance home transcriber/contractor will not, during the term of this Agreement, make an approach to, canvass, solicit or otherwise endeavour to entice away the custom, directly or on their own behalf or indirectly via another person or organisation, a client or supplier of WeType Limited for their benefit or any other person, with a view to performing audio typing and transcription of voice files or any other typing service for these clients or suppliers.

7.2 Any unsolicited invitation by an existing client of WeType Limited to perform audio typing and transcription of voice files on a direct basis between The Freelance home transcriber/contractor and the client shall be immediately referred to WeType Limited and will not be accepted or performed until the end of the period of notice required by this Agreement.

7.3 The Freelance home transcriber/contractor will not do anything to interfere with the existing business relations between WeType Limited and its clients at any time during or after the end of this Agreement.

7.4 No information concerning WeType Limited clients or suppliers is to be passed on to any third party unless given permission to do so is in writing. Additionally, no information concerning clients or suppliers is to be used for any purpose which is in conflict with WeType Limited’s business activities.

8. Equipment

I confirm that I have suitable equipment, including computer with up-to-date anti-virus software, digital transcription equipment and high quality headphones to complete work on behalf of WeType Limited.

For and on behalf of WeType Limited

Signed……………………………………………….

(authorised signatory)

I have read and understand my obligations and agree to be bound by same.

Signed ……………………………………………….

Name ……………………………………………….

Date ……………………………………………….

DATA PROTECTION REQUIREMENTS

1. All information received is considered confidential and is provided for the exclusive purpose of providing typing services for WeType Limited’s exclusive benefit. The Freelance home transcriber/contractor agrees that it will be used solely for this purpose.

2. The Freelance home transcriber/contractor shall not disclose, copy, use or otherwise process or transmit the information I receive, either verbally or in writing, without the express permission of WeType Limited.

3. The Freelance home transcriber/contractor understands that they may handle or have access to highly confidential information. They recognise they are working in a trustworthy position and undertake to maintain this position at all times.

4. The Freelance home transcriber/contractor understands the information must be kept secure at all times.

5. The Freelance home transcriber/contractor agrees not to conduct a typing service on behalf of WeType Limited on any public computer; and undertakes that all work for WeType Limited will be done on password-protected private and personal computer/s with current anti-virus protection.

6. All hard copies of documents will be shredded or returned to WeType Limited.

7. The Freelance home transcriber/contractor agrees to delete from their computer all recordings, voice files or other files relating to assignments one week (7 days) after completion of each assignment.

8. The Freelance home transcriber/contractor will not transfer any Confidential Information relating to WeType Limited outside of the EU.

9. The Freelance home transcriber/contractor agrees WeType Limited may conduct such audit as it may require to ensure compliance with applicable data protection requirements.

10. The Freelance home transcriber/contractor understands that if they breach any duty of confidentiality, or any provisions of the applicable data protection requirements (including The Data Protection Act 1988, and successor thereto and the General Data Protection Regulation), whether by accident or intentionally, they shall be suspended from this engagement. The Freelance home transcriber/contractor shall provide WeType Limited with such assistance and information as it shall reasonably require to ensure WeType’s compliance with all such applicable data protection requirements.

For and on behalf of WeType Limited

Signed……………………………………………….

(authorised signatory)

I understand my obligations under this agreement and agree to be bound by same.

Signed ……………………………………………….

Name ……………………………………………….

Date ……………………………………………….

PROFESSIONAL CONDUCT

WeType Limited follows a strict policy concerning Code of Ethics to which all freelance contractors must adhere to. The following statement must be read and agreed prior to undertaking and during completion of any freelance work on behalf of WeType Limited.

1. The Freelance home transcriber/contractor understands that skill and discretion are essential in the role, and The Freelance home transcriber/contractor is committed to the highest standards of performance, ethical behaviour and sound business practice.

2. The Freelance home transcriber/contractor will endeavour to transcribe with utmost accuracy and fidelity.

3. The Freelance home transcriber/contractor will be truthful about qualifications and business practices, and will not accept any assignment for which not fully qualified.

4. The Freelance home transcriber/contractor will maintain total confidentiality at all times.

5. The Freelance home transcriber/contractor will not disclose any confidential information received in engagement as a WeType Limited freelance transcriber, nor derive any personal profit or financial gain from such confidential information.

6. The Freelance home transcriber/contractor will notify WeType Limited of any unresolved difficulties encountered in the performance of assignments on its behalf.

7. The Freelance home transcriber/contractor will respect and refrain from interfering with the business relationship that exists between WeType Limited and its clients.

8. The Freelance home transcriber/contractor will refrain from unfair competitive practices.

9. The Freelance home transcriber/contractor understands that any work undertaken on behalf of WeType Limited is done on a freelance basis. The Freelance home transcriber/contractor is not employed by WeType Limited and understands that responsibility to declare to the Inland Revenue all income made in respect of services provided lies with them.

10. The Freelance home transcriber/contractor understands that as a freelance contractor, WeType Limited cannot guarantee the frequency of assignments.

11. The Freelance home transcriber/contractor will undertake the necessary internet security measures, such as anti-virus checks, on any computer used for the purpose of completing assignments on behalf of WeType Limited, and will ensure all files are scanned for infection prior to return.

12. The Freelance home transcriber/contractor will invoice all work directly to WeType Limited under the terms agreed.

For and on behalf of WeType Limited

Signed ……………………………………………….

(authorised signatory)

I have read and understand my obligations and agree to be bound by same.

Signed ……………………………………………….

Name ……………………………………………….

Date ……………………………………………….