Terms and Conditions

These Terms and Conditions are informed by practices commonly used in the court reporting and legal support industry and Arbitration Place’s 30 years of experience providing services to the legal community.

They apply to all clients who book, order, or use services provided by Arbitration Place (“AP”), whether online, by email, by telephone, or otherwise. “Client” means the individual, law firm, organization, or other entity engaging AP’s services.

By booking, ordering, or using AP’s services after receiving these Terms and Conditions or reasonable notice of where to access them, the Client agrees to be bound by them. Anyone accepting on behalf of another person or entity represents that they have authority to do so. A separately signed agreement prevails to the extent of any conflict.

Malfunctions and Recording Failures

AP will exercise reasonable care in providing its services. Equipment malfunctions, software errors, connectivity failures, file corruption, and poor or overlapping audio may cause recordings or transcripts to be incomplete, inaccurate, damaged, or lost. AP does not guarantee uninterrupted recording, error-free transcription, or successful recovery of affected materials. AP will take reasonable steps to mitigate the effects of any material recording failure it discovers. These risks do not reduce AP’s retention obligation below.

Official Record and Supporting Materials

Unless applicable law or a court or tribunal directs otherwise, the final certified transcript constitutes the official record; audio, video, drafts, and other supporting materials do not. Subject to third-party rights, recordings and supporting production materials created and owned by AP or its reporters, contractors, and other service personnel (“AP Resources”) remain the property of AP or the relevant AP Resource. These materials are not client deliverables unless expressly agreed in writing. AP may decline requests for them, except where disclosure is legally required. Retention alone does not create a right of access.

Errors and Modifications

AP reserves the right to correct errors, inaccuracies, or omissions in transcripts and other record materials. Corrections must preserve the substance of testimony and comply with applicable certification requirements and court or tribunal directions. Material corrections will be identified through an errata sheet or revised version supplied to affected recipients. Original source materials will be preserved for the applicable retention period. Clients must promptly report suspected errors. AP will correct verified errors attributable to its services without additional charge.

Guaranteed Retention

AP guarantees retention of transcripts, source recordings, stenographic notes, and electronic exhibits within its custody or agreed archival arrangements for at least two years after the proceeding or delivery of the final transcript ordered under the booking, whichever is later. Longer legal, professional, court, tribunal, or preservation obligations prevail.

After the applicable period, AP may securely destroy materials without further notice and does not guarantee subsequent availability or recovery. Clients must retain delivered copies and promptly communicate additional preservation requirements.

Disclaimer and Limitation of Liability

Except for express contractual commitments and obligations that cannot lawfully be excluded, AP disclaims implied warranties and conditions concerning its services.

To the fullest extent permitted by law, AP is not liable for indirect, consequential, special, or punitive damages. AP’s total aggregate liability arising from an affected booking—including recording failure, loss of materials, breach of retention obligations, or negligence—will not exceed the total fees paid or payable to AP for that booking. This is a single combined limit for all related claims, not a separate limit for each claim.

These exclusions and limitations do not apply to fraud, wilful misconduct, gross negligence, or liability that cannot lawfully be limited.

Indemnification

The Client will indemnify AP and its personnel against third-party claims and reasonable legal expenses to the extent caused by the Client’s unlawful conduct, material breach, or unauthorized recording, alteration, disclosure, or use of record materials. This indemnity excludes loss caused by AP’s negligence, breach, or misconduct. AP will promptly notify the Client of any claim and will not agree to a settlement binding the Client without its written consent.

Second Copies and Distribution

Additional or second copies of transcripts must be ordered through AP and are subject to the applicable copy fees disclosed in AP’s rate schedule or booking confirmation. The Client must not reproduce, share, or distribute a transcript to another party as a substitute for that party purchasing its own copy, unless AP agrees in writing. This restriction does not prevent use within the Client’s legal team or disclosure required by law, court or tribunal direction, or filing requirements.

Changes and Governing Law

AP may revise these terms for future bookings by posting the revised version on its website and bringing it to the Client’s attention before the next booking. Booking, ordering, or using services after that notice constitutes acceptance of the revised terms. Changes do not amend existing bookings without written agreement. Ontario law and applicable federal Canadian law govern. An unenforceable provision does not invalidate the remaining terms.