Terms of Service
Latest Amendment Date: July 6, 2021
These Terms of Service (the “Terms”) apply to the provision by TrialEdge, LLC (“DepoEdge”, “we” and “us”) of virtual deposition, court reporting and related services (collectively, the “Services”) to its clients (“you”).
SERVICES. Services may include any or all of the following:
- Web Conferencing: hosting conference, providing support, and administering breakout rooms.
- Real-Time Feed: provision of a real-time transcript of the deposition.
- Certified Shorthand Reporter (CSR): serves as officer, administers oath, delivers rough, final transcript files (e.g., ascii, pdfs), marks exhibits and maintains custody of the original transcript until delivered to the parties.
- Document Hosting: documents and exhibits provided in an online folder during deposition for parties and available for access by parties during and after the deposition.
- Deposition Technician: administers and monitors recording and prepare backup video, presents documents on screen and transfers introduced exhibits for the parties, and maintains custody and can prepare declaration certifying the deposition video deliverables.
- Concierge: support, post-production of video deliverables, sync video to transcript, coordination.
- Transcripts: preparing e-transcripts, printing and binding the original transcript and exhibits (with tabs), original and certified copies, deliver locally or ship.
- You agree and stipulate that the court reporters and video technicians will have the following general qualifications on remote or hybrid in-person and remote depositions conducted by DepoEdge.
- Court Reporter (the “CSR”): The CSR will be certified or otherwise authorized by state law to conduct depositions and administer the oath in one or more states, which may or may not be the state in which the witness or any other participant on the Zoom conference are physically located during the deposition. You agree that the CSR shall serve as the officer and administer the oath pursuant to applicable rules and stipulation by the parties, regardless of where the reporter is certified or authorized as a notary.
- Video Deposition Technicians (the “Technician”): Through training by TrialEdge and/or prior experience, the Technician is trained and skilled in reliably and redundantly recording remote deposition video and screenshare screen capture via web conference, as well as general deposition protocols and support. The technician shall in good faith perform the Services in a manner that is neutral with respect to all parties. The Technician may or may not be a notary public who is authorized to administer oaths. Notwithstanding the Technician’s notary status, you agree and stipulate with respect to your pending matter that the Technician shall serve and be appointed as an officer for purposes of recording and custody of admissible video of the testimony given in the deposition, pursuant to applicable rules and stipulation by the parties.
FEES. DepoEdge charges a range of fees for its Services. Our full current fee schedule is available upon request. The following is a summary of fees due for deliverables available to the non-noticing participants/
- Transcript Copies: Copies of the transcript are available for $3.25 per page, provided that payment is made within 15 days, otherwise the undiscounted rate for copies is $3.50 per page.
- Video Copies: Copies of the video with syncing to the transcript, as well as a copy of the screenshare capture (if available) are available for $750 for a full day deposition and $550 for a half day deposition.
- Exhibit Presentation: If presentation services have been ordered in advance by the noticing party, any other party may request that the technician present documents on screen. The fee for such exhibit presentation by a non-noticing party is $350 per deposition, which will be discounted to $150 per deposition with the purchase of video. Any party may also order exhibit presentation in advance of the deposition, even if the noticing party has not ordered it, subject availability and to applicable fees at the time of the order, which will be provided on request.
- Exhibit transfer: Any party may request the assistance of the technician to transfer and track introduced exhibits at no charge.
- Realtime: Realtime feeds are available if ordered in advance of the deposition at DepoEdge’s the rate of $1.85 per page, per feed, plus a $150 per party setup fee, provided that payment is made within 15 days, otherwise the undiscounted rate for Realtime is $1.95 per page, plus the $150 per party setup fee. If at least one party has ordered a realtime feed in advance of the deposition, then Realtime feeds may be requested by any party at any time prior to the start of the deposition. It is the responsibility of each participant to inquire about the availability of Realtime or any other service in advance of the deposition, and the parties acknowledge that the court reporter may not announce the availability of Realtime prior to the start of the deposition.
- You agree to pay our invoices upon receipt of ordered deliverables at DepoEdge’s current rates, which are available on request if not listed in these Terms. You are responsible for payment for services and deliverables provided regardless of whether such items were ordered verbally with the court reporter on or off the record, or in writing before, during or after the deposition is completed. Services may be suspended if payments are not received when due. Amounts not paid when due incur interest at the rate of 1.5% per month or the greatest amount allowable under applicable law, whichever is lower. Any discounts provided will be reversed as of the date of the invoice for any invoice that is unpaid more than 60 days after the due date.
THIRD PARTY SERVICES. The Services will include the use of third-party services and software (collectively, the “Third-Party Services”), including videoconferencing, document storage, court reporting and transcription services, and real-time feed software. All such Third-Party Services are subject to their applicable terms and not these Terms. For more information on the particular Third-Party Services that we currently utilize, please contact us at email@example.com.
CONFIDENTIALITY. Other than to the parties to the action and their counsel, the court (or arbitrator/arbitral body), witnesses and their counsel, we will not share the documents, transcripts, or audiovisual recordings generated from the virtual depositions. You understand and agree that you will not upload or otherwise provide us with any attorney-client privileged materials or materials protected by the work product privilege in connection with the Services.
APPLICABLE LAW. You understand that we may be required by certain laws to provide information and Services to all parties to any action and may not be allowed to withhold information, documents or materials. For example, if the action is governed by California’s procedural law, then we will be required to abide by the requirements of Business & Professions Code Section 8050(d), California Code of Civil Procedure Sections 2025.320(b) and 2025.510(d) and California Code of Regulations Section 2475(b).
PRIVACY & SECURITY. We utilize industry standard practices to secure information, documents and data, and choose Third-Party Services we believe provide at least industry standard security and privacy. That said, internet connections, cloud services, storage and software are not 100% secure. Therefore, there is a risk that information, data or documents may be subject to inadvertent disclosure.
WARRANTIES & DISCLAIMERS.
a. Warranties. TrialEdge warrants that: (i) will perform the Services in a professional and workmanlike manner; and (ii) it will utilize employees and vendors who are adequately trained to reliably perform the Services.
b. Disclaimers. OTHER THAN AS SET FORTH IN SECTION 7.a, (i) THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY, AND (ii) TRIAL EDGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE AND NON-INFRINGEMENT. THE FOREGOING DISCLAIMER IS SUBJECT TO LIMITATIONS UNDER APPLICABLE LAW.
LIMITATIONS ON LIABILITY.
a. Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIALEDGE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE LIKELIHOOD THEREOF.
b. Limit on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIALEDGE’S LIABILITY IN ANY ACTION RELATING TO THE SERVICES SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU FOR SUCH SERVICES IN THE 6 MONTHS PRECEDING THE FILING OF THE ACTION.
HOLD HARMLESS. You agree to hold DepoEdge and its members, managers, employees and agents (the “Indemnified Parties”) harmless from and against any and all damages, expenses, costs, claims, actions, suits, proceedings, fees, fines and penalties arising from or relating to your use of the Services (“Damages”), except to the extent such Damages arise from the negligence, intentional wrongdoing or unlawful conduct of DepoEdge or anyone acting on its behalf.
CONSENT TO RECORDING. You obtain the consent of each individual accessing or using the Services by or through you to being recorded audio-visually and to the use of such recordings, and your name, likeness, and pertinent information in connection with the Services. You understand that videos, documents and transcripts may be provided to the parties to the proceeding(s), their representatives, our vendors, and the court and/or arbitrator(s), as applicable.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Los Angeles, CA before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. The arbitrator shall award the prevailing party its attorney’s fees and costs, including its expert’s fees and its share of the arbitrator’s fees and JAMS’ fees. Judgment on the Award shall be in writing and may be entered in any court having jurisdiction. Notwithstanding the foregoing, either party may seek temporary and preliminary injunctive relief in the courts located in Los Angeles, California, consistent with the provisions of the California Arbitration Act.
AMENDMENT. These Terms may be amended by us effective as of the date of amendment; provided, that, unless you agree otherwise, the amendment will not apply to any Services we have agreed, prior to the amendment, to perform. The last amendment date for these Terms is set forth above.
MISCELLANEOUS. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, or, if incapable of such modification, shall be severed from these Terms and the remainder shall remain in force. No inconsistent terms shall be effective unless DepoEdge expressly agrees that these Terms are amended by the inconsistent agreement. These Terms are governed by California law. DepoEdge is responsible for the payment of taxes on its income and employment taxes with respect to its employees. You are responsible for any sales, use or value-added taxes, and our fees do not include such taxes unless otherwise expressly stated. DepoEdge is an independent contractor and not your partner. DepoEdge shall be solely responsible for determining the means and manner of providing the Services. None of DepoEdge’s personnel are your personnel.