Terms of Service

Last updated: March 26, 2020

Please read these Terms of Service (“Terms,” “Terms of Service”) carefully before using the http://www.carecaptions.com website or any service (the “Service”) operated by Care Captions, LLC (“us,” “we,” “our,”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access this Service.

These Terms and your use of the Service are governed by and constructed in accordance with the laws of the State of South Carolina applicable to agreements made and to be entirely performed within the State of South Carolina, without regard to its conflict of law principles. We may change these Terms as we see fit and without restriction.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

All provisions of the Terms which by their nature should survive termination, shall survive termination, including, but not limited to, ownership provisions, privacy, indemnity and limitations of liability.

Limitation of Liability

In no event shall Care Captions, LLC, its contractors, owners, employees or agents be liable to you for any direct, indirect, incidental, special, punitive, consequential or other damages whatsoever resulting from any:

(I) errors, mistakes, or inaccuracies of Service; (II) personal injury, personal loss, or property damage, of any nature whatsoever, resulting from your access to and use of Service; (III) any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein; (IV) any interruption or cessation of transmission while using Service; (V) any errors or omissions in any content; (VI) transcriber no-show or cancellation

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Service, site, or its content: (I) for any unlawful purpose; (II) to solicit others to perform or participate in any unlawful acts; (III) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (IV) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (V) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (VI) to submit false or misleading information; (VII) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (VIII) to collect or track the personal information of others; (IX) to spam, phish, pharm, pretext, spider, crawl, or scrape; (X) for any obscene or immoral purpose; or (XX) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service for violating any of the prohibited uses.

General Provisions

In order to use this Service, the user must agree to Terms in its entirety. If the Service is provided at the request of a “Covered Entity,” as defined by HIPAA section 45 CFR 160.103, a Business Associate Agreement, in addition to these Terms and a Service Contract, must be signed by both the Covered Entity and Care Captions, LLC.

By using this Service, you understand that Care Captions, LLC’s real-time transcripts are not a verbatim reproduction of spoken word.  This Communication Access Real-Time Transcription service is meaning-for meaning and used to facilitate real-time communication in the healthcare setting.

(I) “Service Provider” or “Transcriber” refers to the person providing real-time captioning Services on behalf of Care Captions, LLC, who may be an employee or independent contractor. These terms will be used interchangeably.

(II) “User” refers to the Covered Entity responsible for providing or scheduling Services, and/or the patient using Services for real-time communication access.

(III) “Standing by” refers to a Transcriber standing by during an on-call Service duration.

Scheduling

Scheduling will be conducted on an as-is, as available, and by appointment basis unless otherwise arranged in writing between Care Captions, LLC and the user in the Service Contract. Care Captions, LLC will only schedule with an organization defined as a “Covered Entity” as described in the previous section, “General Provisions.” Scheduling of private Services will be on a case-by-case basis and require paperwork at Care Captions, LLC’s discretion.

(I) “Future appointment” refers to an appointment that is scheduled with more than 24 hours of notice.

(II) “On-call” refers to a predetermined duration of time that Service will be needed. When an “on-call appointment” is made, a transcriber is scheduled to be available to the user for a predetermined duration of time. The user may call the transcriber during the “on-call appointment” duration to receive Services.

(III) “Same day” refers to Service requests with less than 24 hours of notice. While every attempt will be made to provide same day Services, any guarantee of same day Services is not implied or to be expected.

(IV) “No-show” refers to a scheduled Service in which the user does not contact the assigned Transcriber within 30 minutes of the Transcriber logging on for the assigned Service. This does not apply for on-call Services.

No-Shows and Cancellations

(I) No-shows and cancellations without 24 hours of notice will be billed for the entirety of the scheduled appointment duration.

(II) The assigned Transcriber will log on for a scheduled Service ten minutes prior to the start of the scheduled Service duration unless otherwise agreed upon in the Service Contract. If the user does not contact the assigned Transcriber within 30 minutes of the Transcriber logging in for the scheduled Service, the Transcriber will log off and the Service will be billed as a no-show. The Transcriber will note log in and out times on the transcript.

(III) If a Care Captions, LLC Transcriber must cancel a scheduled Service we will notify the Covered Entity and/or user as soon as possible. Every attempt will be made to assign a new Transcriber to the scheduled Service as to avoid interruption to the Service. Rescheduling the Service, or finding a new Service provider, may be necessary.

(IV) Care Captions, LLC will not bill for Services in the case of a Care Captions, LLC transcriber no-showing. File a complaint at carecaptions@gmail.com if a transcriber no-shows.

(V) If Care Captions, LLC is unable to provide Services due to a Transcriber canceling, and we are not able to find a Transcriber to cover the scheduled Service, Services will not be billed for.

(VI) Every attempt will be made to continue to provide Services that exceed the scheduled Service duration, but no guarantee is made that a Transcriber will stay available after the scheduled Service duration.

Equipment

(I) Care Captions, LLC will provide equipment for use of Services as needed and with sufficient notice. We may refuse to send equipment to users at our sole discretion.

(II) A higher Service fee is charged when using Care Captions’ equipment. An Equipment Agreement and a $200 equipment deposit is required before equipment will be shipped to the user. The equipment will be shipped with a pre-paid return shipping label and USPS pick-up date.

(III) Equipment is considered “not returned” if it is not shipped back to Care Captions, LLC within 3 business days of completion of Services unless otherwise arranged in writing between Care Captions, LLC and the user. If equipment is not returned, the $200 deposit will be retained by Care Captions, LLC.

(IV) Care Captions, LLC reserves the right to retain the $200 deposit if there are changes or damages made to the equipment. The user will be notified in writing of the changes/damages and the associated fee.

(V) The user may utilize their own device or equipment when providing or accessing Services. Additional agreements and privacy releases may be required at Care Captions, LLC’s discretion.

Service Fees

Services fees are subject to change without notice and depending on a user’s specific needs. Unless specified in writing, the Covered Entity, as described in “General Provisions” of Terms, is solely responsible for the costs associated with this Service. Care Captions, LLC reserves the right to charge a higher Service fee if Services go over the scheduled Service duration outlined in the Service Contract.

(I) Future appointments are billed at a rate of $0.85 per minute without Care Captions, LLC’s equipment and $1.00 per minute with Care Captions, LLC’s equipment.

(II) On-call Services are billed at a rate of $0.50 per minute while a Transcriber is standing by.

(III) On-call Services are billed at a rate of $1.00 per minute without Care Captions, LLC’s equipment and $1.25 per minute with Care Captions, LLC’s equipment when the Transcriber is actively transcribing.

(IV) Same day Services are billed at a rate of $1.25 per minute without Care Captions, LLC’s equipment, and $1.50 per minute with Care Captions, LLC’s equipment.

Billing Schedule

(I) Services are billed at a 60 to 120-minute minimum, depending on the appointment type, and every 30 minutes thereafter unless agreed upon in writing between Care Captions, LLC and the user.

(II) The Covered Entity is solely responsible for the entire amount of the bill, and timely payment of it, unless otherwise agreed upon in writing between Care Captions, LLC and the user.

(III) Services are billed for every two weeks and on a recurrent cycle. The invoice is to be paid in full within 14 days of the date on the invoice. A copy of our billing schedule is available upon request.

(IV) Failure to pay Care Captions, LLC in full within the time frame listed above will result in a $25 late charge for every seven calendar days that the account is past due. Reminders and late fees for past-due accounts will be sent out on the same two-week billing cycle schedule.

Errors and Omissions

(I) Care Captions, LLC is not a verbatim CART Service. Our Transcribers are trained to produce meaning-for-meaning transcripts. The transcript may not retain, including but not limited to, false starts, repeated sentences, “um,” “ah,” filler words, etc.

(II) All original intended meaning by the speaker is to be retained by the Transcriber and reflected in the real-time and final, edited transcript. If you have reviewed the transcript and feel that the original intended meaning was not retained, or if there is an error or omission that should be corrected, please send a request to Care Captions, LLC at carecaptions@gmail.com. Include the patient’s first and last initials, medical record number and date of birth. Include the page number(s) of the error(s)/omission(s) and their correction(s). Care Captions, LLC reserves the right to request errors/omissions amendment requests in writing, electronically, or both.

(III) Any corrections to errors and/or omissions must be requested of Care Captions, LLC within three business days of receipt of the final, edited transcript.

(IV) Care Captions, LLC will send an amended transcript to the Covered Entity’s Medical Record’s department within 10 business days of the request. The same applies for any additional amendments that need to be made.

Redacted Information

(I) The final, edited transcript may include [Redacted Name] for any names in the transcript, including, but not limited to, names of those employed by the Covered Entity, names of family members, and names of other medical personnel.

(II) Further sensitive information may be redacted from the final transcript upon request. You may request this by following the contact steps and time frame under “Errors and Omissions.” Sensitive and/or redacted information will be relayed in the real-time transcript in following with the Americans with Disabilities Act, but may be redacted out of the final, edited transcript.

Complaints

Complaints may be sent to carecaptions@gmail.com within three business days of receipt of the final, edited transcript or sooner. Care Captions, LLC’s physical address is 1575 Secessionville Road, Charleston, South Carolina 29412.

Indemnification

You agree to indemnify, defend and hold harmless Care Captions, LLC and our subsidiaries, affiliates, directors, agents, contractors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Changes

Care Captions, LLC reserves the right to change or add to any part of the Terms of Service without notice and/or reason. It is your responsibility to check this page for any updates to the Terms of Service.