Service Level Agreements
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TURNAROUND SERVICE LEVEL AGREEMENT
3Play Media maintains over 98% deadline compliance. Customers have the option to select faster turnaround service levels for additional fees. This Turnaround Service Level Agreement (“SLA”) explains 3Play Media’s turnaround service levels and potential remedies for late delivery. This SLA only applies when a customer signs a Service Order and agrees to 3Play Media’s General Terms and Conditions (or its equivalent, if agreed to by 3Play Media) which are hereby incorporated by reference.
3Play Media may provide a discount to affected customers whose files are not delivered by the achieved turnaround level (more detail provided below), provided that: 1) the file that does not use manual caption placement; and 2) does not exceed the per file or per day duration limits noted below. If a customer submits files in excess of the limits noted below, 3Play Media will use commercially reasonable efforts to meet the applicable deadlines, but 3Play Media reserves the right to extend the applicable deadline for the particular turnaround service level.
Definitions of Turnaround Service Levels
For all Turnaround Service Levels, unless otherwise agreed upon, the file has to be uploaded by 8pm ET for it to be considered by 3Play Media as uploaded that day for deadline calculation purposes. For example, if your file is uploaded by 8pm ET on Monday, Monday will be the day used to determine the applicable deadline, but always subject to the per file and cumulative duration limits noted below.
If your file is uploaded after 8pm ET on Monday, it will count as being uploaded on Tuesday to determine the applicable deadline, for deadline calculation, but always subject to the per file and cumulative duration limits noted below.
Standard
This is the default turnaround option and is four (4) business days from day of upload. For example, if your file is uploaded by 8pm ET on Monday, it will be ready by 8pm ET on Friday.
Expedited
This turnaround is two (2) business days from day of upload. For example, if your file is uploaded by 8pm ET on Tuesday, it will be ready by 8pm ET on Thursday.
Rush
This turnaround is one (1) business day from day of upload. For example, if your file is uploaded by 8pm ET on Tuesday, it will be ready by 8pm ET on Wednesday.
Same Day
This turnaround time is eight (8) hours from upload time, provided that the file is uploaded by 8pm ET on a business day.
Example 1: If your file is uploaded at 9am ET on Tuesday, it will be completed by 5pm ET on Tuesday.
Example 2: If your file is uploaded at 7:59pm ET on Tuesday, it will be completed by 3:59am ET on Wednesday.
Example 3: If your file is uploaded at 8:01pm ET on Sunday, it will count as being uploaded the next business day, Monday, at 8am ET and will be completed by 4pm ET on Monday.
2 Hour
This turnaround time is two (2) hours from upload time, provided that the file is uploaded by 8pm ET on a business day.
Example 1: if your file is uploaded at 9am ET on Tuesday, it will be completed by 11am ET on Tuesday.
Example 2: If your file is uploaded at 8:01pm ET on Tuesday, it will count as being uploaded the next business day, Wednesday, at 8am ET and will be completed by 10am ET on Wednesday.
Extended
This turnaround level is ten (10) business days from day of upload.
Details on duration and file limits and discounting procedures are listed below:
Per File Duration Limits
If a single file exceeds the per file duration limit noted below, 3Play Media will still use commercially reasonable efforts to complete the file on time, but the turnaround service level will not apply. For the turnaround service levels to apply, a single file cannot exceed the duration limit noted below:
Captioning and Transcription
| Turnaround Service | Per File Duration Limit | Per Day Cumulative Duration Limit |
|---|---|---|
| 2 hours 2 business hours |
10 minutes | 4 hours |
| Same day 8 business hours |
20 minutes | 10 hours |
| Rush 1 business day |
2 hours | 20 hours |
| Expedited 2 business days |
2 hours | 40 hours |
| Standard 4 business days |
4 hours | 40 hours |
| Extended 10 business days |
4 hours | 50 hours |
Audio Description
| Turnaround Service | Per File Duration Limit | Per Day Cumulative Duration Limit |
|---|---|---|
| Rush 1 business day |
5 minutes | 30 minutes |
| Expedited 2 business days |
30 minutes | 2 hours |
| Standard 5 business days |
2 hours | 4 hours |
Deadline Adjustments for Exceeding Per Day Cumulative Limit for Captioning and Transcription
Standard Turnaround Files
The cumulative duration of all files submitted for Standard service cannot exceed forty (40) hours in a single business day. In the event the cumulative duration exceeds this limit, the deadline for any file submitted beyond this threshold will be treated by 3Play Media as having been uploaded the following business day (or further subsequent business days, as applicable). This one business day deadline adjustment will apply for every 40 hours of content uploaded in a single day. In order to prioritize files, please be sure to upload the highest priority files first. Duration calculations and deadline adjustments will be based on order of upload.
Example 1: 72 hours of Standard turnaround files are uploaded on Tuesday. 4 business days would normally mean a delivery of the following Monday. In this case the first 40 hours will have the Monday deadline. The remaining thirty-two (32) hours will be treated as having been uploaded on Wednesday and will have an assigned deadline of Tuesday. The remaining 32 hours will also count towards the daily limit for any Standard turnaround files actually uploaded on Wednesday.
Example 2: 60 hours of Standard turnaround files are uploaded on Tuesday and a subsequent 60 hours of Standard turnaround files are uploaded on Wednesday. The first 40 hours of Standard turnaround files uploaded on Tuesday will have the Monday deadline. The remaining 20 hours uploaded on Tuesday will be treated by 3Play Media as having been uploaded on Wednesday with an assigned deadline of Tuesday. The first 20 hours uploaded on Wednesday will also have an assigned deadline of Tuesday, but the remaining 40 hours of Standard turnaround files uploaded on Wednesday will be treated as having been uploaded on Thursday with an assigned deadline of the following Wednesday. Any hours of Standard files subsequently uploaded on Thursday will be treated as having been uploaded on Friday.
Expedited Turnaround Files
The cumulative duration of all files submitted for Expedited service cannot exceed forty (40) hours in a single business day. In the event the cumulative duration exceeds this limit, the deadline for any file submitted beyond this threshold will be treated by 3Play Media as having been uploaded the following business day (or further subsequent business days, as applicable). This one business day deadline adjustment will apply for every 40 hours of content uploaded in a single day. In order to prioritize files, please be sure to upload the highest priority files first. Duration calculations and deadline adjustments will be based on order of upload.
Rush Turnaround Files
The cumulative duration of all files submitted for Rush service cannot exceed twenty (20) hours in a single business day. In the event the cumulative duration exceeds this limit, the deadline for any file submitted beyond this threshold will be treated by 3Play Media as having been uploaded the following business day (or further subsequent business days, as applicable). This one business day deadline adjustment will apply for every 20 hours of content uploaded in a single day. In order to prioritize files, please be sure to upload the highest priority files first. Duration calculations and deadline adjustments will be based on order of upload.
Deadline Adjustments for Exceeding the Per File Duration Limit
3Play Media will still aim to complete the file on time, but the turnaround guarantee will not apply. No discounts will be applied for missed deadlines.
Discounts for Missed Deadlines for Rush or Expedited Turnaround Service Levels
Within Duration Limit, No Manual Caption Placement
If an uploaded file does not exceed the maximum duration allowed for the applicable turnaround level, and if manual caption placement is not requested, then we will automatically provide the customer a discount to the actual achieved turnaround level, as configured.
Example: Rush service is selected for a 45-minute file without manual caption placement, and the file is delivered 4 hours past the Rush turnaround service level, but within the Expedited turnaround service level. Customer will be charged the price associated with the Expedited turnaround service level.
Within Duration Limit, With Manual Caption Placement
If an uploaded file does not exceed the maximum duration limit allowed for the applicable turnaround level, but does have manual caption placement turned on, the customer agrees that 3Play Media will receive the following grace periods:
- For 2 hour turnaround, 3Play Media will receive an extra two (2) hour grace period before discounting due to the additional processing requirement of caption placement.
- For all other turnaround selections, 3Play Media will receive an extra eight (8) hour grace period before discounting due to the additional processing requirement of caption placement.
Example 1: Rush service is selected for a 45-minute file with manual caption placement on, and the file is delivered 4 hours late. The customer would not qualify for any price reduction.
Example 2: Rush service is selected for a 45-minute file with manual caption placement on, and the file is delivered 12 hours late. The price would be discounted and the customer would be charged the price associated with the Expedited turnaround service level.
Standard and Extended Turnaround Service Levels
We do not automatically discount for missed Standard or Extended turnaround deadlines.
ACCURACY LEVELS
The following provisions apply solely with regard to captioning and transcription Services:
- Audio Quality. Customer agrees and understands that the standard rates described in the Order are contingent on the Source Material being deemed “Good Audio” and that poor audio characteristics may increase pricing for the Services. “Good Audio” shall mean any Source Material that is clearly recorded in a controlled environment with one person talking at a time with minimal background noise and no media defects. The format must be recorded digitally or transferred to digital format for use with our account system. Customer acknowledges and agrees that any audio that is not Good Audio may impact the quality and accuracy of the Deliverable.
- Accuracy Levels. The following accuracy levels (“Accuracy Levels”) apply to captioning and transcription services: For Source Materials deemed Good Audio, 3Play Media will provide an Accurate Deliverable. An “Accurate Deliverable” shall mean: (1) words are spelled correctly; (2) phrases and sentences make sense as a stand-alone document; and (3) text is a near exact replication of spoken words. An Accurate Deliverable shall also mean that the Deliverable will not have an error rate that exceeds one percent (1%). 3Play Media will transcribe Source Materials as they are spoken, including false starts or if the speaker changes direction mid-sentence, but will omit certain unintended utterances, such as “um” and “uh”. Customer acknowledges and agrees that such false starts or unintended utterances will be excluded from the Accuracy Level calculation.
- Formatting. Customer understands that 3Play Media will alter caption formats and appearances within the standard specifications of the particular Deliverable ordered by Customer. Additional customization will be performed at an additional fee if agreed by 3Play Media. In the event that Customer provides to 3Play Media a previously produced transcript for caption production or any caption import function, 3Play Media will not correct grammar, proof-read material, or alter time codes unless Customer commissions additional services. Customer is solely responsible for the text alignment and caption file production process of any imported caption files.
The following provisions apply solely with regard to audio description Services.
- Video Quality. Customer acknowledges and agrees that 3Play Media shall have the right, in its sole and absolute discretion, to determine whether the existing pauses in dialogue are sufficient to provide description of the Source Material being presented. In the event that 3Play Media determines that the existing pause (or pauses, as applicable) are insufficient, Customer further acknowledges and agrees that 3Play Media shall not include descriptive content for that particular portion of the Source Material.
- Captioning Data. 3Play Media requires data from caption files to help facilitate the audio description process. Customer acknowledges that 3Play Media, may, in its sole and absolute discretion, reject any caption files provided by Customer and not created by 3Play Media and to use its own internal process to generate the necessary caption data to perform the Services.
The following provisions apply with regard to all Services:
If Customer reasonably believes any Deliverable fails to comply with the applicable Accuracy Levels as set forth above, Customer has 30 calendar days upon receipt of the Deliverable (the “Notification Period”) to notify 3Play Media so that 3Play Media may examine the discrepancy. If 3Play Media agrees with Customer’s determination, 3Play Media will, at its option, either (a) correct the deficiencies leading to such failure and re-deliver such Deliverable no later than 30 days following its receipt of written notice of such non-compliance from Customer, or (b) provide Customer with a refund of fees actually paid with respect to such non-conforming Deliverable. The foregoing remedy is 3Play Media’s sole and exclusive liability and Customer’s sole and exclusive remedy for any failure to meet the Accuracy Levels. If Customer does not notify 3Play Media of the failure of any Deliverable to comply with the applicable Accuracy Levels during the Notification Period, such Deliverable will be deemed accepted.