PHIPPS REPORTING MANDATORY TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern all services provided by Phipps Reporting and are incorporated into and made part of every invoice rendered by Phipps Reporting for services rendered. These Terms apply between each person, firm or entity requesting services from Phipps (each, a “Customer”) and Phipps (collectively, the “Parties”) as identified in each invoice rendered by Phipps and shall be conclusive barring a signed agreement between Customer and Phipps to the contrary.

Phipps Reporting offers a completely searchable online portal, scheduling tool and transcript repository and much more at no charge to our clients.

Service Information

Court Reporting Services

Phipps Reporting offers the full spectrum of deposition and court reporting services to our clients. Phipps Reporting’s standard litigation support package includes (i) a hardcopy transcript (Original +1 or Certified Copy) in full and mini versions and (ii) USB Depo Litigation Package, which contains electronic versions of the transcript in ASCII (.txt), Etran (.ptx), PDF, PDF mini, TextMap Evidence Format (.xmef), hyperlinked PDF, plus scanned exhibits. The PDF format of the transcript is considered the official document of record.

Phipps Reporting charges a per-page rate for the hardcopy transcript, which typically includes a word index. Word index pages are charged at the same per-page rate as the other transcript pages (appearance page, certification, etc.). Phipps Reporting charges a flat rate for the E-Litigation Package and for Hyperlinking. Exhibits are typically priced on a per-page basis.

For time-sensitive matters, Phipps Reporting offers an expedited transcript service. Expedited transcripts are charged at an additional percentage of the per-page rate.

Clients may also choose to receive a Draft of the transcript in electronic format prior to the court reporter proofreading and finalizing the transcript. When prepared as a Draft, the transcript may not be certified and may not be used, cited or transcribed as the certified transcript of the proceedings. The Draft requires purchase of the final hardcopy transcript and is charged based on the total page count of the final hardcopy transcript, but at a reduced per-page rate.

Other charges for Phipps Reporting’s Court Reporting Services typically include an appearance fee, shipping and handling charges, and may include other service charges or minimums based on the job or the region. Some services and rates may vary by job or region. Please contact billing@phippsreporting.com for specific rates, details and questions.

Conference Rooms

Phipps Reporting provides conference rooms of our choosing free of charge with transcript ordered. Price differences for specific location requests may be charged and will be discussed at time of booking.

Realtime Services

Phipps Reporting provides comprehensive realtime services, including local (in room) connections, wireless realtime, and remote Internet participation during proceedings.

Local connection Realtime Services are charged based on a per-page rate, per party. Phipps Reporting provides iPads to receive local realtime at no additional charge; however, should the loaned equipment be returned damaged, a damaged device fee up to the retail price of the replacement device will be charged.  For realtime streamed over the internet, there is a separate per-page charge.  If the realtime is saved on your device and reporter could not disable saving, a draft transcript fee will be charged in addition to the realtime fee.  Please contact billing@phippsreporting.com for specific rates and details.

Electronic Transcripts

Electronic transcripts are charged on a per-page rate and an e-litigation package depending on the media and/or services.

Interpreters / Translators

Interpreters are charged on an hourly basis with a minimum two-hour charge; other minimums may apply to exotic languages.  Please contact scheduling@phippsreporting.com with specific language and dialect for specific rates and details.  Translations are quoted per job.  Please contact scheduling@phippsreporting.com with the details of the document for translation, language of document in order to obtain an estimate.

Videography

Video services are generally charged on an hourly basis with a minimum charge per project and sometimes a setup fee. In some cases, videography may be charged per day or per project. Video production and/or syncing is charged on an hourly basis and per USB size. In some cases, the fee for syncing is included in the videography rate. Please contact video@phippsreporting.com for specific rates and details.

Video Streaming on the Internet

Video streaming is charged on a per-user per-day basis, plus a one-time setup fee per deposition. Please contact video@phippsreporting.com for specific rates and details.

Videoconferencing

Videoconferencing services are generally charged on an hourly basis per room rental and may include a fee for the telephone charges or to bridge conferences where there are multiple connections or no direct IP connection. Rates vary depending on location. Please contact scheduling@phippsreporting.com for specific rates and details.

Web Conferencing

Web Conferencing services are charged per day; however, based on the job or the region, a service fee may apply.  Please contact scheduling@phippsreporting.com for specific rates, details and questions.

Hyperlinked Transcripts

Phipps Reporting delivers your transcripts and exhibits hyperlinked together in a searchable PDF format.  Should you require other formats compatible with your law firm software, such as LexisNexis TextMap® or West Publisher’s .PTZ file; this format imports directly into LiveNote or Case Notebook software. Once imported, all documents in the PTZ file (transcripts, documents, links, and video synchronization data) are available to be viewed, annotated, and added to legal documents. There is an additional charge for this service.

Online Office

The Phipps Reporting Online Office service provides downloadable access to ordered transcripts and exhibits online, download invoices, and calendar viewing free of charge. Please contact production@phippsreporting.com to gain access, for information on how to use or to arrange a one-on-one or firm demonstration.

Document Depositories

Use of the electronic Document Depositories are free of charge.  Please contact billing@phippsreporting.com for specific rates and details.

Process Services

Process serves are per person/entity, per address and per round of attempts.  Each round of service includes five (5) diligent attempts.  A rural area surcharge may be applied if applicable.   Service on holidays will be at our discretion and premium charges will apply.   Speci?c date/time requests are referred to as Special Appointments and may incur additional charges.   Cancelled orders after service has been attempted will incur a normal service fee.

Mobile Notary

State maximum fees for common notarial acts and travel fees apply.  Where travel fees are not stated, there may be other service charges or minimums based on the job or the region. In regions or due to time constraints where notaries are not available, a court reporter may be utilized, and court reporting fees will be applicable.  Please contact ps@phippsreporting.com for specific rates, details and questions.

Payment

Payment for each/every service of Phipps Reporting is due on the date that each invoice is rendered by Phipps.  Payment to Phipps is not contingent on collection or reimbursement from client(s) of Customer.  Services rendered by Phipps to Customer are a direct agreement between Phipps and Customer.  All invoices not paid by Customer in full within 30 days shall accrue interest at the rate of one and one-half (1.5%) percent per month until paid in full.

In the event of any dispute between Customer and Phipps, Phipps’ records shall be conclusive as to quantities of materials delivered, time and dates of all services, quality of services provided, and amounts of money owed to Phipps by Customer. Any claim or complaint in respect of services rendered by Phipps shall only be considered if Customer has given Phipps notice in writing within **14 days of the date of service.

Customer shall indemnify Phipps for any and all costs and attorney fees incurred in the enforcement of these Terms, including payment for services rendered.

These Terms shall be considered as having been entered into in the State of Florida, United States of America (“Florida”), and shall be construed, interpreted, and enforced in accordance with the laws of Florida without reference to Florida’s choice of law principles.

Miscellaneous

In any action or proceeding arising out of or relating to or arising out of these Terms (an “Action”), Customer and Phipps hereby irrevocably submit to the exclusive jurisdiction of any federal or state court sitting in Palm Beach County, Florida, and further agree that any action shall only be heard and determined in such Florida federal or state court. The Parties irrevocably waive, to the fullest extent that Customer and Phipps may effectively do so, the defense of an inconvenient forum to the maintenance of any Action in Palm Beach County, Florida.

CUSTOMER AND PHIPPS IRREVOCABLY WAIVE TRIAL BY JURY IN ALL ACTIONS ARISING HEREUNDER OR RELATED HERETO AND AGREE THAT ALL SUCH ACTIONS SHALL BE HEARD BY THE COURT SITTING WITHOUT A JURY.