Partner ProgramInterpreter, Business and Enterprise accounts
Welcome to Skiwo!
Thanks for your interest in our website (the «Site») and our online marketplace with audio/video/in-person meeting booking services (the «Services»)!
By signing up for an account on our Site or Services, you agree to these Skiwo Partner Program Policies (the «Partner Program Policies») and the Terms of Service (the «Terms») (collectively, the «Agreement»). If ever in conflict, to the extent of such conflict, the Terms will take precedence over any other terms of the Agreement. Please read the Agreement carefully.
As used in the Agreement, «you» or «Account holder» means the individual or entity using the Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), «we,» «us» or «Skiwo» means Skiwo AS, and the «parties» means you and Skiwo.
You may have one Account for hiring Interpreters (“Business”), and another Account for providing your interpretation services to other Account holders (“Interpreter”).
To use the Site and certain Services, you must register for an Account.
To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.
By registering for an Account, by using the Site or Services after the Effective Date if you had an account on the Effective Date, or by clicking to accept the Terms when prompted on the Site, you agree to: (a) abide by this Agreement; (b) be financially responsible for your use of the Site and the purchase or delivery of Interpretation Services; and (c) perform your obligations as specified by any Interpretation Contract that you enter into, unless such obligations are prohibited by applicable law or the Skiwo Terms.
Skiwo reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates the Skiwo Terms, or for any other reason or no reason in Skiwo’s sole discretion.
You represent that you are not: (x) a citizen or resident of a geographic area in which access to or use of the Site or Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (y) a citizen or resident of, or located in, a geographic area that is subject to E.U. or other sovereign country sanctions or embargoes; or (z) an individual, or an individual employed by or associated with an entity ineligible to access or use the Site or Services due to economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Services.
Identity and qualification verification
When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your ability to represent your business on Skiwo, if it is a separate legal entity. You authorize Skiwo, directly or through third parties, to make any inquiries necessary to validate your identity and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must provide us with information about you and your business.
Usernames and passwords
When you register for an Account, you will be asked to choose a Username and password for the Account.
You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You authorize Skiwo to assume that any person using the Site with your Account holder name and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to your password or the password of any Account holder of your Account. You further agree not to use any Username, or password of another Account holder of the Site that you are not authorized to use, and not to allow others who are not authorized to do so to use your Account at any time.
Customer support and admin access
As a “Software as a Service” Skiwo provides a professional service to connect interpreters with businesses, governments and consumers. This professional service is not a free service, and includes customer support services to assist both Businesses and Interpreters in their interaction to set up an Interpretation Contract, then to execute that contract and then to comply with the agreement between them and provision/procure services between each other with the help of the Skiwo platform.
To enable this, Skiwo customer support requires full access to all user accounts on a case-by-case basis in order to help users at their time of need by creating, updating, managing, participating in, withdrawing from, and deleting assignments along with all other related actions on the Skiwo platform.
By accepting this Agreement, you allow Skiwo customer support to gain access to your account after approved by you over chat, email, SMS, in-app, in-website or phone. Skiwo customer support will never ask for your password, but will be able to conduct themselves on the Skiwo website on your behalf. Please inform Skiwo customer support if you do not need such assistance.
IMPORTANT: This global access to all user accounts and their data for Skiwo customer support is temporary. This is needed by Skiwo customer support to ensure a smooth customer experience.
Purpose of the Site and Services
The Site is a marketplace where Businesses and Interpreters can identify each other and advertise, buy, and sell Interpretation Services online. Subject to the Terms, Skiwo provides the Services to Account holders, including hosting and maintaining the Site, enabling the formation of Interpretation Contracts, and coordinating disputes related to those Interpretation Contracts.
If Account holders agree on terms for Interpreters Interpretation Services, an Interpretation Contract is formed directly between such Account holders, subject to the provisions set forth in Section «CONTRACTUAL RELATIONSHIP BETWEEN ACCOUNT HOLDERS”.
When an Account holder enters an Interpretation Contract, the Account holder uses the Site to engage, communicate, invoice and pay online.
Hardware and software you will need to use the Services for your business
To access and retain the records and notices we provide to you electronically, you will need: (a) a valid email address; (b) a computer system that operates on a platform like Windows or Mac; (c) a connection to the Internet; (d) Current Versions of the software, browsers, plug-ins, or other computer applications and programs identified by the Services (Account holders utilizing other browsers may experience compatibility difficulties); (e) a Current Version of a program that accurately reads and displays PDF files, such as the Current Version of Adobe Acrobat Reader; (f) a computer or device and an operating system capable of supporting all of the above; and (g) a printer to print out and retain records and notices in paper form or electronic storage to retain records and notices in an electronic form. By “Current Version”, we mean a version of the software that is currently being supported by its publisher. We may change these requirements from time to time and will update this Agreement accordingly. You should retain a copy of all of the records and notices we send to you electronically.
By accepting and agreeing to the Agreement, you represent that (x) you have read and understand the above consent to receive records and notices electronically; (y) you satisfy the minimum hardware and software requirements specified above; and (z) your consent will remain in effect until you withdraw your consent as specified above.
Keeping your address and email address current with us
In order to ensure that we are able to provide records and notices to you electronically, you agree to notify us immediately of any change in your email address by updating your Account information on the Site or by contacting Customer Support. In addition, so that we may communicate with you via third-party mail services, you agree to notify us immediately of any change in your address.
By registering for an Account, or by clicking to accept the Terms when prompted on the Site, you are deemed to have executed this Agreement and the other Terms electronically, effective on the date you register your Account or click to accept the Terms.
Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, the other Terms, and any amendments.
Consent to use electronic records
In connection with the Skiwo Terms, you may be entitled to receive certain records from Skiwo or Account holders on Skiwo, such as contracts, notices, and communications, in writing. To facilitate your use of the Services, you give us permission to provide these records to you electronically instead of in paper form.
Your consent and your right to withdraw consent
By registering for an Account, you consent to electronically receive and access, via email or the Site, all records and notices for the services provided to you under the Skiwo Terms that we or other Account holders would otherwise be required to provide to you in paper form.
However, we reserve the right, in our sole discretion, to communicate with you via third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support.
If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Site and the Services, and you will no longer be permitted to use the Site or the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
Displaying content created by you
By creating an Account, you permit Skiwo to serve to you and other Account holders on Skiwo, as applicable, (i) assignments and other content («Assignments»), (ii) Interpretation offers and other content («Offers»), and (iii) related Business and Interpreter profiles and other links to your websites, certifications, phone numbers, and/or other properties approved by Skiwo (each individually a «Property»). In addition, you grant Skiwo the right to access, review and verify the Properties, or any portion thereof, including by automated means.
Contractual relationship between Account holders
You acknowledge and agree that an “Interpretation Contract” is comprised of the following agreements (as applicable): (a) Fixed-price escrow instructions; (b) the Assignment terms awarded and accepted on the Site to the extent that the terms do not, and do not purport to, expand Skiwo’s obligations or restrict Skiwo’s rights under the Terms; and (b) any other contractual provisions accepted by both the Business and the Interpreter, to the extent that the provisions do not, and do not purport to, expand Skiwo’s obligations or restrict Skiwo’s rights under the Terms. You acknowledge and agree that Skiwo is not a party to any Interpretation Contracts, and that the formation of an Interpretation Contract between Account holders will not, under any circumstance, create an employment or other service relationship between Skiwo and any Interpreter.
In the case of Interpreters, except in the event of termination, we will pay you by the end of the calendar month following any calendar month in which the earned balance in your Account equals or exceeds the applicable payment threshold or NOK1000 or equivalent amount in foreign currency.
In the case of Businesses, except in the event of termination, we will either (a) charge you after the Assignment is completed, or (b) issue an invoice within the first week following any calendar month in which Assignments were posted by you requiring you to pay within 30 days of said invoice.
Payments will be calculated solely based on our accounting. Payments to you may be withheld to reflect or adjusted to exclude any amounts refunded or credited to Businesses or Interpreters, as determined by Skiwo in its sole discretion.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Services, you must notify Skiwo in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived.
To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your Account. You are responsible for any charges assessed by your bank or payment provider.
Service fee; Payment processing fees
When a Business pays an Interpreter, or when funds related to an Assignment are otherwise released to an Interpreter, Skiwo will charge Business 120% of the full amount requested by the Interpreter for the relevant Assignment.
On Skiwo, interpreters get to decide the total amount they should receive. If the interpreter would like to receive, for example, 400NOK for their assignment, Skiwo will add 20% to their price and charge the Business Account 480NOK. Skiwo will retain 80NOK as a service fee and the remaining 400NOK shall be disbursed to the interpreter.
Skiwo charges 20% to cover costs such as credit card fees, bank charges, exchange fees, server hosting, customer support, invoicing/payments, accounting, and other necessary costs related to interpretation assignments.
Skiwo will, upon receipt of payment in full, credit the Interpreter 100% of the amount requested by Interpreter for the relevant Assignment. Skiwo will charge a VAT of 25% on the total amount to all individuals globally, registered businesses in Norway as required by Norwegian Law.
If a Business fails to pay the Interpreter fees or any other amounts due under the Terms, whether by cancelling Businesses credit or debit card, initiating an improper chargeback, or any other means, Skiwo may suspend or close the Business’s Account and revoke Business’s access to the Site, including Business’s authority to use the Site to process any additional payments, enter into Interpretation Contracts, or obtain any additional Interpretation Services. Without limiting other available remedies, Business must pay Skiwo upon demand for amounts owed, plus interest on the outstanding amount and the maximum interest allowed by applicable law, plus attorneys’ fees and other costs of collection to the extent permitted by applicable law. To the extent permitted by applicable law, Skiwo at its own discretion, may set off amounts due against other amounts received from or held by Skiwo for Business, make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with credit reporting agencies and law enforcement authorities in any resulting investigation or prosecution.
No return of funds
Business acknowledges and agrees that Skiwo will charge Business’s designated Payment Method for the Interpreters fees. Therefore, and in consideration of the Services provided by Skiwo, Business agrees that once Skiwo charges the Business’s designated Payment Method for the Interpreters fees as provided in this Agreement, the charge is non-refundable, except as otherwise required by applicable law.
Business also acknowledges and agrees that the Agreement provides a dispute resolution process as a way for Business resolve disputes.
To the extent permitted by applicable law, Business therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Interpreter fees or other fees charged pursuant to the Agreement for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Agreement.
If Business initiates a chargeback in violation of this Agreement, Business agrees that Skiwo may dispute or appeal the chargeback and institute collection action against Business.
Formal invoices and taxes
Skiwo will have no responsibility for determining the necessity of or for issuing any formal invoices, or for determining, remitting, or withholding any taxes applicable to the Interpreter fees.
Interpreter will be solely responsible for determining whether it is required by applicable law to issue any formal invoices for the Interpreter fees and for issuing any invoices so required.
Interpreter will be solely responsible for determining whether: (a) Interpreter is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Interpreter fees and remitting any such taxes or charges to the appropriate authorities on behalf of itself, as appropriate; and (b) Skiwo is required by applicable law to withhold any amount of the Interpreter fees and for notifying Skiwo of any such requirement and indemnifying Skiwo (either by Skiwo, at our sole discretion, offsetting the relevant amount against a future payment of Interpreter fees to Interpreter or Interpreter reimbursing Skiwo for the applicable amount) for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Skiwo, Interpreter agrees to promptly cooperate with Skiwo and provide copies of Interpreter’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Interpreter is engaging in an independent business as represented to Skiwo.
In order to use certain Services, Business must provide account information for at least one valid Payment Method.
Business hereby authorizes Skiwo to run credit card authorizations on all credit cards provided by Business, to store credit card and banking or other financial details as Business’s method of payment for Services, and to charge Business’s credit card (or any other Payment Method). Credit cards and PayPal accounts and, if applicable, bank accounts will be charged by Skiwo.
When Business authorizes the payment of the Interpreter fees for an Interpretation Contract on the Site, Business automatically and irrevocably authorizes and instructs Skiwo to charge Business’s Payment Method for the Interpreter fees.
By providing Payment Method information through the Site, Business represents, warrants, and covenants that: (a) Business is legally authorized to provide such information; (b) Business is legally authorized to perform payments using the Payment Method(s); and (c) such action does not violate the terms and conditions applicable to Business’s use of such Payment Method(s) or applicable law. When Business authorizes a payment using a Payment Method via the Site, Business represents, warrants, and covenants that there are sufficient funds or credit available to complete the payment using the designated Payment Method. To the extent that any amounts owed under this Agreement or the other Terms cannot be collected from Business’s Payment Method(s), Business is solely responsible for paying such amounts by other means.
Norwegian Kroner and foreign currency conversion
The Site and the Services operate in Norwegian Kroner. If Business’s Payment Method is denominated in a currency other than Norwegian Kroner and requires currency conversion to make payments in Norwegian Kroner. These foreign currency conversion rates adjust regularly based on market conditions. Please note that the wholesale currency conversion rates at which we or our Affiliates obtain foreign currency will usually be different than the foreign currency conversion rates offered on the Site. Business, at its sole discretion and risk, may authorize the charge of its Payment Method in a supported foreign currency and the conversion of the payment to Norwegian Kroner.
Interpreter will perform the Interpretation Services in a professional and workmanlike manner. The manner and means of performing the Interpretation Services will be determined and controlled solely by the Assignment which is engaged by Business as an independent contractor.
Upon Interpreter’s receipt of full payment from Business, any ideas, concepts, information, materials, processes, data, programs, know-how, improvements, discoveries, developments, designs, artwork, formulae, other copyrightable works, and techniques and all Intellectual Property Rights therein, will be the sole and exclusive property of Business, and Business will be deemed to be the author thereof. If Interpreter has any Intellectual Property Rights to the Work Product that are not owned by Business upon Interpreter’s receipt of payment from Business, Interpreter hereby automatically irrevocably assigns to Business all right, title and interest worldwide in and to such Intellectual Property Rights as documented by the receipt received by the Business on behalf of the Interpreter. Except as set forth above, Interpreter retains no rights to use, and will not challenge the validity of Business’s ownership in, such Intellectual Property Rights. Interpreter hereby waives any moral rights, rights of paternity, integrity, disclosure and withdrawal or inalienable rights under applicable law in and to the Work Product. If payment is made only for partial delivery of Work Product, the assignment described herein applies only to the portion of Work Product delivered.
Business is responsible and assumes all liability for determining whether Interpreters are independent contractors or employees and engaging them accordingly; Skiwo disclaims any liability for such determination or the related Engagement. The Terms do not create a partnership, employment or agency relationship between Account holders.
Interpreter does not have authority to enter into written or oral (whether implied or express) contracts on behalf of Skiwo. For Interpretation Contracts classified as independent contractor relationships, Business may not require an exclusive relationship. An Interpreter classified as an independent contractor is free at all times to provide Interpretation Services to persons or businesses other than Business, including any competitor of Business.
Relationship with Skiwo
Skiwo is not a party to the dealings between Business and Interpreter, including posts, proposals, screening, selection, contracting, and performance of Interpretation Services. Skiwo does not introduce Interpreters to Businesses or help Interpreters find assignments. Skiwo merely makes the Services available to enable Interpreters to identify and determine the suitability of Businesses for themselves and to enable Businesses to identify and determine the suitability of Interpreters for themselves. Skiwo does not, in any way, supervise, direct, or control Interpreter or Interpreter’s work. Skiwo does not set Interpreter’s work hours, work schedules, or location of work, nor is Skiwo involved in determining the Interpreter fees. Skiwo will not provide Interpreter with training or any equipment, labour, or materials needed for a particular Interpretation Contract. Skiwo does not provide the premises at which the Interpreter will perform the work. Skiwo makes no representations about, and does not guarantee the quality, safety, or legality of, the Interpretation Services; the truth or accuracy of Interpreter’s listings on the Site; the qualifications, background, or identities of Account holders; the ability of Interpreters to deliver the Interpretation Services; the ability of Business’s to pay for the Interpretation Services; or that a Business or Interpreter can or will actually complete a transaction.
Skiwo does not deduct any amount for withholding, unemployment, employers tax, or other taxes for Business or Interpreter, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Interpreter’s performance, and Business’s acceptance, of Interpretation Services.
Skiwo is not required to and may not verify any feedback or information given to us by Interpreters or Businesses, nor does Skiwo accept any liability for the performance or results of background checks on Interpreters or Businesses conducted by Skiwo.
You hereby acknowledge and agree that Skiwo may provide information on the Site about an Interpreter or Business, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Interpreters or Businesses voluntarily submit to Skiwo and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Skiwo; Skiwo provides such information solely for the convenience of Account holders.
Account holders appoint Skiwo as a third-party beneficiary of their Interpretation Contracts for purposes of enforcing any obligations owed to, and any benefits conferred on, Skiwo hereunder. Account holders further agree that Skiwo has the right to take such actions with respect to their Accounts, including, without limitation, suspension, termination, or legal actions, as we, in our sole discretion, deem necessary to enforce our rights as a third-party beneficiary under the Interpretation Contracts.
The Terms and any Account registration will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between Account holders and Skiwo, except and solely to the extent expressly stated in this Agreement.
All notices to Skiwo or our Affiliates intended to have a legal effect must be in writing and delivered either (a) in person; (b) by a means evidenced by a delivery receipt, to the following address: Attn: Legal, Skiwo AS, Gaustadalléen 21, Oslo 0349, Norway; or (c) in writing via email to firstname.lastname@example.org. All such notices are deemed effective upon verified receipt by Skiwo.
Any Notice from you must include your name, pertinent account information, a brief description of the Claim, and your contact information, so that we may evaluate the Claim and attempt to informally resolve the Claim. Any Notice from Skiwo must include pertinent account information, a brief description of the Claim, and Skiwo’s contact information, so that you may evaluate the Claim and attempt to informally resolve the Claim. Both you and Skiwo will have 60 days from the date of the receipt of the Notice to informally resolve the other party’s Claim, which, if successful, will avoid the need for further action.
You expressly acknowledge, agree, and understand that: (a) the Site is merely a venue where Account holders may act as Businesses and/or Interpreters; (b) Skiwo is not a party to any Interpretation Contracts between Businesses and Interpreters; (c) you are not an employee of Skiwo, and Skiwo does not, in any way, supervise, direct, or control the Interpreter or Interpretation Services; (d) Skiwo will not have any liability or obligations under or related to Interpretation Contracts for any acts or omissions by you or other Account holders; (e) Skiwo has no control over Interpreters or the Interpretation Services offered or rendered by Interpreters; and (f) Skiwo makes no representations as to the reliability, capability, or qualifications of any Interpreter or the quality, security, or legality of any Interpretation Services, and Skiwo disclaims any and all liability relating thereto.
The Site makes available various services provided by third parties to verify an Account holder’s credentials and provide other information. Any information or content expressed or made available by these third parties or any other Account holders is that of the respective author(s) or distributor(s) and not of Skiwo. Skiwo neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Skiwo’s authorized employees acting in their official capacities.
Links and applications
The Site may contain links to third-party websites.
The Site may also contain applications that allow you to access third-party websites via the Site.
Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of third-party websites, including online communication services, such as chat, email, and calls will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that Skiwo is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if you want to access third-party websites by clicking on a link or installing an application. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
Mobile and other devices
When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.
To the extent a Business or Interpreter provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will: (a) not disclose or permit others to disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information; (b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Interpretation Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site for use by Interpreter); and (c) limit access to another’s Confidential Information to its personnel who need to know such information for the performance of Interpretation Services. A disclosure of information will be immune from prosecution or civil action if it: (A) is made (i) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is required by law.
Return of confidential information
If and when Confidential Information is no longer needed for the performance of the Interpretation Services for an Interpretation Contract or at Business’s or Interpreter’s written request (which may be made at any time at Business’s or Interpreter’s sole discretion), the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.
YOU AGREE NOT TO RELY ON THE SITE, THE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE. THE SITE AND THE SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. SKIWO MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SERVICES, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE OTHE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKIWO DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION «TERMINATION» STATES ACCOUNT HOLDER’S SOLE AND EXCLUSIVE REMEDY AGAINST SKIWO WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.
In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Interpretation Contracts when you terminate this Agreement, you will continue to be bound by this Agreement until all such Interpretation Contracts have closed on the Site; (b) Skiwo will continue to perform those Services necessary to complete any open Interpretation Contract or related transaction between you and another Account holder; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Interpretation Contracts, whichever is later, to Skiwo for any Services and to any Interpreters for any Interpretation Services. Without limiting any other provisions of the Agreement, the termination of this Agreement for any reason will not release you, any Account holder with whom you have entered into a Interpretation Contract, or Skiwo from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Agreement necessary to implement the foregoing survive termination of this Agreement for any reason.
Without limiting Skiwo’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Skiwo or our Affiliates under the Agreement, you must pay Skiwo, and you authorize Skiwo or its Affiliate to charge you, for all fees owed to Skiwo and our Affiliates and reimburse Skiwo for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Skiwo’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.
If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Skiwo will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Skiwo will have no liability whatsoever.
Enforcement of agreement
Skiwo has the right, but not the obligation, to suspend or revoke your access to the Site and Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Skiwo’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if (a) you breach any terms and conditions of this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, other Account holders, or Skiwo.
Consequences of Agreement Termination
Termination of this Agreement and/or closing of your Account will not relieve Business of the requirement to pay for Interpretation Services performed prior to the Effective Date of the termination or thereafter for any Interpretation Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, Business hereby authorizes Skiwo to charge to its Payment Method pursuant to Section «Payment Terms». Subject to the applicable Dispute Resolution Policies, Skiwo will pay Interpreter, in accordance with the provisions of Section «Payment Terms» for any Interpretation Contracts executed before termination of this Agreement.
Except as otherwise required by applicable law, we will notify you if we close your Account, unless we believe, in our sole judgment, that giving notice may cause damage. You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of Account holders account status to all Account holders, including both yourself and other Account holders who have entered into Interpretation Contracts with you. You therefore agree as follows: IF SKIWO DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, SKIWO HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER ACCOUNT HOLDERS THAT HAVE ENTERED INTO INTERPRETATION CONTRACTS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE ACCOUNT HOLDERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.
After this Agreement terminates, the terms of this Agreement and the other Terms that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, permitting audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.