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Transcriptionist (Contractor) - Subcontractor (other Transcriptionist or company) Contract

[Name of Contractor's Company]
[Contractor's Address]
[Contractor's Phone Number]

This completed document forms a contractual agreement between: ___________________________, referred herein as the Subcontractor, doing business at ______________________________________________, and the Contractor above so named.

The parties named herein desire a contractual business arrangement regarding the transcription of medical dictation and hereby agree:

1) Supplies provided to the Subcontractor by the Contractor that are a necessary requirement for the completion of work must be ordered by the Subcontractor from the Contractor or Contractor's client in a timely fashion such that the Subcontractor will not be without said necessities.

2) The Subcontractor is responsible for any supplies and equipment necessary to perform the contracted work. Furthermore, the Subcontractor is responsible for the upkeep of any machines or other equipment required to complete work and shall not let machines or equipment fall into disrepair, thereby affecting the Subcontractor's ability to perform work in the agreed manner and time.

3) The Subcontractor may only communicate with the Contractor's client in matters regarding the actual work of transcribing dictation for said client and may not communicate with said client regarding any matters concerning billing, pricing, or any other matter not pertaining to said work. In all communication with the Contractor's client, the Subcontractor shall identify themselves as agents of the Contractor and may not identify themselves as independent agents having their own business.

4) The Subcontractor agrees that patient and client confidentiality are of utmost importance. No work performed by the Subcontractor for the Contractor may be disposed of without first shredding said documents. The Subcontractor will set-up files and directories on computer(s) in such a way as to prevent unauthorized viewing, deleting, or copying. Said computer(s) will also be configured to prevent unauthorized use and will also employ security devices to prevent theft of said computer(s). No work shall be sent from the computer without it first being encrypted using a minimum of 128 bit encryption. No patient or client names will be stored by the Subcontractor in any form of database for use after termination of this contract. Regular back-ups of Contractor's Clients' work will be made in order not to forever lose the transcribed work.

5) Payment to the Subcontractor by the Contractor will be for completed work only. Payment will be made on a per-line basis at a rate of 0.__ per line with said line being 65 characters per line. Rush order payments will be the per-line rate plus 15% of the per-line rate. Any monetary penalties for late work imposed by the Contractor's client will be passed-on to the Subcontractor responsible for completion of that client's work, if the Subcontractor is responsible for said late work. The Subcontractor will have special labels on-hand at all times, of the type specified by the Contractor, should labels be required as part of completing work. The Subcontractor shall purchase these labels.

6) Invoices for payment for completed work must be submitted to the Contractor on the 14th (fourteenth) and 28th (twenty-eighth) day of each month. The Subcontractor must provide a separate invoice for each of the Contractor's clients with proof of work performed. The Contractor will pay the Subcontractor within 7 (seven) days of the Contractor being paid by the Contractor's client, except for weekends, holidays, and Acts of God.

7) Upon dissolution of this agreement, for whatever reason, machines, supplies, or equipment loaned to the Subcontractor by the Contractor, or the Contractor's client, must be returned to the Contractor or the replacement cost of said machines, supplies, or equipment will be deducted from outstanding monies owed by the Contractor to the Subcontractor. Should outstanding monies be insufficient to replace said unreturned machines, equipment, or supplies, the Contractor may still seek satisfaction under local laws and statutes of the Contractor's business domicile, or Subcontractor's business domicile, at the discretion of the Contractor.

8) At no time within 2 (two) years of termination of this contract may the Subcontractor approach or perform work for the Contractor's client in any form or manner, unless dealing with the Contractor as an agent. The Subcontractor may not accept any offer of work made by a Contractor's client, nor offer to provide services to a Contractor's client, either directly or by any other method or means, intended or unintended, that would disguise the client's identity, the Subcontractor's identity or would somehow obfuscate the relationship. No such relationship, including the Subcontractor working through or with another subcontractor, shall be allowed.

9) The contractor's name, logo, trade-mark or trade-marks, letterhead, and any other intellectual property of the Contractor shall remain exclusively as the Contractor's. The Subcontractor may only make use of these properties when acting as an agent of the Contractor. The Subcontractor may not act in such a way as to have others perceive them as actually being the Contractor and may not employ any device that would allow the Subcontractor to benefit from the Contractor's reputation.

10) The Contractor and Subcontractor must give written notice of at least 14 (fourteen) days of their desire to dissolve this contract. All outstanding work, finished work, loaned equipment, machines, or supplies, must be returned by the Subcontractor on the last day or prior to the last day of this notice. Within the life of the notice period, the Subcontractor is still bound to perform in accordance with this contract. Any substandard performance or inability to complete Contractor's clients' work by the Subcontractor in a timely fashion may result in the Contractor waving the notice period to save the Contractor's good business name. Any costs associated with premature dissolution of this contract in this regard may be deducted from the Subcontractor's final payment.

11) Breach of any part of this contract could result in the termination of this contract by the Contractor without notice to the Subcontractor. All normal clauses pertaining to dissolution of this agreement would then come into effect.

12) The Contractor reserves the right while under contract with the Subcontractor, and without formal notice, and without any explanation, to change or remove the Contractor's clients for whom the Subcontractor is performing work.

13) The Contractor cannot guarantee the quantity of work to be sent to the Subcontractor. The Subcontractor understands that the Subcontractor/Contractor relationship may depend in whole or in part on the relationship between the Contractor and the Contractor's client and understands fully therefore that loss of the client's work to the Contractor will be regarded by both parties as good and sufficient reason to thereby terminate the contract between the Contractor and Subcontractor.

The Subcontractor, ______________________________, agrees to honor and completely understands this contract, as confirmed with the Subcontractor's signature below.

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____________________________________ }

Subcontractor or Authorized Person }

} Signed this ______ day of ______ in the year ______.

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____________________________________ }

Contractor or Authorized Person }

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Errors & Omissions Excepted

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