Terms and Conditions
Date of Last revision: October, 2022
By using Ant by Datagain website ("Company"), all services by Datagain, you ("Contractor") are agreeing to be bound by the following terms and conditions ("Freelance Transcription Program Terms and Conditions"), including any subsequent changes or modifications to them. If you do not agree to these terms please do not use the Ant by Datagain website or services.
Contractor agrees that all Services and Deliverables, and all business, technical, and financial information developed, learned, or obtained by or for or on behalf of Contractor while Contractor provides Services that relate to Company, its business, or its demonstrably anticipated business or that are received by or for Company in confidence constitute "Proprietary Information," including the identity of and information relating to Customers or employees. Proprietary Information also includes all information received by the Company in confidence from its Customers, suppliers, and other third parties, including without limitation their written documents, audio and video files, and resulting translations and transcription.
The Contractor shall hold in confidence and not disclose, use, or permit to be used any Proprietary Information, except in performing the Services. This provision does not apply to publicly available information.
Upon termination of this Agreement, Contractor will return all Proprietary Information to the Company in whatever form (including all Deliverables). The Contractor may keep its personal copies of its compensation records and this Agreement.
You acknowledge and agree that you will not delegate the selected assignments to any other person or parties. In case of evidence to the contrary, your account may be suspended.
You acknowledge and agree that you will provide your legal name and full residential address in your Ant by Datagain account. Any incorrect information may lead to account suspension.
Contractor hereby represents, warrants, and agrees that:
1. Contractor is over eighteen (18) years of age or the age of majority in its jurisdiction, whichever is greater; of legal age to form a binding contract; not a person barred from providing the Services under the laws of its country of residence or any other applicable jurisdiction.
2. The information provided by Contractor to Company upon establishing an account, including without limitation Contractor's name, address, email address, and state of domicile, shall be true, correct, and complete, and Contractor shall update such information in the event of any change thereto.
3. The Services contemplated and expressed in this Agreement and in any work project that may be accepted by Contractor under this Agreement do not and will not, infringe upon any rights of any third party.
4. Contractor has and will maintain all required business registrations, vocational certifications, and other licenses required to complete the work it undertakes lawfully and consistent with any legal or professional requirements.
5. Contractor has, in accordance with applicable law, properly classified all workers who will assist in providing Services under this Agreement, if applicable.
6. Contractor will comply with all applicable laws, rules, and regulations.
7. Contractor has the experience and skills to properly perform the Services and will do so in a manner consistent with any applicable industry and professional standards.
You acknowledge and agree that you will not create duplicate accounts and/or submit duplicate applications and/or delete your account and reapply for the transcription test. In case of evidence to the contrary, your account(s) may be suspended.
You acknowledge and agree that your account on Ant by Datagain is non-transferable and you will not sell or transfer ownership of your account to other persons or parties. In case of evidence to the contrary, your account may be suspended. You may however delete your account anytime you wish.
You acknowledge and authorize us to collect and store personal information such as cookies, IP addresses, and other information which is required for payments, identification, authentication, service improvement, research, and contact. We do not sell, rent or share personal information with third parties without your prior consent. We may, however, disclose personal information when we believe it violates our terms and conditions or is appropriate to comply with the law, to protect our or our users' rights, as well as to protect our users from fraudulent, abusive, and unlawful use of the service.
You acknowledge and agree that the final decision regarding a review dispute as judged by Ant by Datagain administrators is binding and you are willing to accept the decision. Refusal to accept the decision constitutes a violation of these Terms and Conditions.
You acknowledge and agree that you will abide by the minimum quality standard as prescribed in the transcription guidelines. Any submissions which do not meet the criteria will be rejected.
We reserve the right to change our payment rules at our discretion.
Ant by Datagain issues payments via PayPal. You are solely responsible to maintain the correct information regarding your PayPal account. In case of non-receipt of payments, you may ask for the transaction id for the payment and follow up with PayPal customer service.
You acknowledge and agree that we may decline to process a payment request for any reason or withhold it for an indefinite time.
For any payment-related issue redressal, you can contact Ant by Datagain.
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your registered email address.
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless Datagain and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
Any unauthorized use of any Datagain's Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
Ant by Datagain has a strict policy on abusive behavior, derogatory language, and threats directed towards Datagain, the employees of Datagain, or any users of the Service. Your account may be suspended your attempts to contact support will be ignored.
Any attempt to contact persons who are directly or indirectly referred to in any particular file is a violation of this agreement and may lead to account suspension.
In no event shall Datagain be liable for any indirect, special, incidental, consequential, or punitive damages (including but not limited to loss of effort, loss of time, loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data.
You acknowledge and agree that all decisions made by Datagain regarding the use of this site (including applications, submissions, disputes, requests, etc.) are final and binding.
Contractor represents and warrants that Contractor has no outstanding agreement or obligation that conflicts with this Agreement, or that would preclude Contractor from complying with the Agreement, and further certifies that Contractor will not enter into such conflicting agreement during the term of this Agreement.
We reserve the right to suspend your Ant by Datagain account at any time.
We may modify or terminate our services at any time, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice.
Please review these Terms of Service on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable material. We will remove content that violates any party's intellectual property or these Terms of Service. An account terminated by Datagain will not be backed up for any reason and will be immediately deleted from our servers.
Users with questions about this Agreement may contact Ant by Datagain from the contact page.