- The fee which the User obliges to pay to Skuuper for using the Translation Services
- Source Text
- The text to be translated, which has been uploaded to the Website by the User
- Translation of the Source Text provided in the course of Translation Services
- the person who has registered on the Website for the purpose of providing the TranslationServices to the Users, also referred to as "you"
- Translation Request
- The request of the User to translate Source Text into the language and under the conditions asspecified in the Translation Request
- Translation Services
- The service offered by Skuuper to the User, whereby Skuuper obliges to translate the contentinto the language as provided by the User
- Person who has registered Skuuper user account on the Website and has requested a translation ofSource Text
- www.skuuper.com website, including its subpages
Becoming A Translator
- For providing the Translation Services through the Skuuper Website, you can apply to become aTranslator by submitting a pertinent application and presenting all required information asinstructed on the Website.
- Skuuper shall conduct a review and has full discretion to approve or disapprove your applicationfor becoming a Translator. Skuuper may present you with additional questions and/or tasks, inorder to determine your abilities as a Translator.
- All information you provide in the course of applying to become a Translator must be accurate,current and complete. If Skuuper presents you with additional tasks to evaluate your skills,such tasks must be solved individually by you.
Providing The Translation Services
- After your application to become a Translator has been approved, you can apply for TranslationRequests. Skuuper may make certain Translation Requests available for you or restrain youraccess to certain Translation Request based on your skills, reputation, User feedback and otherrelevant indicators. Allowing or restraining access to Translation Requests is in the solediscretion of Skuuper.
- You may apply to provide Translation Services only if you are certain that your skills meet therequirements needed to provide the Translation described in the Translation Request.
- You are obliged to provide correct and high-quality Translation Services in accordance with thisagreement as well as the Translation Request. You warrant that you shall exercise due care anddiligence and perform to your best abilities when providing the Translation. You are obliged tocomplete the Translation Services at the earliest opportunity, but no later than stated in theTranslation Request.
The User may choose between two translation packages –Basic and Business
In case of the Basic package you must provide a Translation fit for thepurposes of using the Translation in daily and informal communication.
In case of the Business package the Translation must be fit for use inbusiness-related or professional activities and must therefore embody a more formal textstyle and provide the User a Translation taking into account the terminology and standardsof a specific industry.
- If after you have accepted the Translation Request you are not able to provide the TranslationServices for whatever reason, please contact Skuuper at the earliest opportunity.
- You acknowledge that
- in the course of providing the Translation Services, you are obliged to create theTranslation using Skuuper CAT web tool;
- User may leave feedback in regard of the quality and timeliness of the Translation;
- repeated withdrawal to provide Translation Services after accepting Translation Request,User feedback, the quality and timeliness of your Translation will affect the nature andamount of Translation Requests you will be provided by Skuuper;
- if the Translation is not of the sufficient quality, Skuuper may order you to rectifythe shortcomings of the Translation within the term as specified by Skuuper and based onthe severity of the shortcomings. In such case Skuuper shall withhold the fee until acorrect Translation has been submitted and accepted by the User.
- If the Translation is evidently of an inadequate quality, to the extent which indicates grossnegligence or incompetence on your behalf, or the shortcomings have not been removed within theadditional term specified by Skuuper, then Skuuper may order another Translator to rectify orcreate a new Translation. In such instance, it is in the discretion of Skuuper whether you willreceive the Fee and to which extent.
- You accept, for an indeterminate duration, not to disclose to third parties any informationpresented by the User in the Translation Request and in the Source Text (Confidential Information).Such Confidential Information must be protected with the same degree of care as you would use toprotect your own confidential information but in no event with less than due care. Protectingconfidentiality shall mean, among else, that you must not (a) disclose or permit others to discloseUser’s confidential information to anyone; (b) use or permit the use of User's confidentialinformation, except for the purposes of providing the Translation Services.
- If and when Confidential Information is no longer needed for the performance of the TranslationServices or at Skuuper’s written request (which may be made at any time), you shall promptly deleteand destroy User’s Confidential Information and any copies under your control.
Intellectual Property Rights
- All copyrights and other intellectual property rights in relation to the Source Text provided by theUser will at all times remain with the User. You are granted a limited, non-exclusive, revocable,non-sublicensable and non-transferable license, for the duration of providing the TranslationServices, to create a Translation of the Source Text. For sake of clarity – you have no right to usethe Source Text other than for providing the Translation in the course of providing the TranslationServices.
- You hereby assign to the User the copyrights and all other intellectual property rights in relationto the Translation.
- If, and to the extent, it is impossible as a matter of law to transfer ownership of the copyrightsof the Translation from you to the User (including but not limited to your moral rights regardingthe Translation), you hereby grant to the User to the maximum extent and term possible underapplicable law an exclusive, irrevocable, transferable, sub-licensable, fully paid-up, world-wide,unconditional and unlimited right to use, exploit and exercise such copyrights for the whole periodof their validity in any manner now known or in the future discovered.
- If, for the assignment or licensing of the rights indicated in section 2 and 3, any additional deedis required, you hereby irrevocably authorize Skuuper to draft such a deed and sign in your name,your unabated obligation to sign any deed of transfer, without setting any additional conditions.
You will perform the services of Translator as an independent contractor. Nothing in this Agreement shallin any way be construed to classify you as an agent, employee or representative of Skuuper. Withoutlimiting the generality of the foregoing, you are not authorized to bind Skuuper to any liability orobligation or to represent that you have any such authority. You are responsible for obtaining all toolsand materials necessary to accomplish the duties of Translator and shall incur all expenses associatedwith these duties. You acknowledge and agree that you are obligated to report as income all compensationreceived by you pursuant to providing Translation Services. You agree and acknowledge the obligation topay all self-employment and other taxes on such income.
Your Liability And Indemnification
- You are solely and exclusively liable for any direct and indirect damages Skuuper or the User mayincur due to (i) your actions or non-performance related to providing the Translation Services, (ii)your access to Confidential Information and intellectual property of Skuuper or the User.
- You agree to indemnify and hold harmless Skuuper and its affiliates and their directors, officersand employees from and against all taxes, losses, damages, liabilities, costs and expenses,including attorneys' fees and other legal expenses, arising directly or indirectly from or inconnection with (i) your negligent, reckless or intentionally wrongful acts, (ii) a determination bya court or agency that you are not an independent contractor, (iii) your breach of any of thecovenants contained in this and other applicable agreements, or (iv) your failure to perform theduties of Translator in accordance with all applicable laws, rules and regulations.
Limitation Of Skuuper’s Liability
- Skuuper provides platform for offering Translation Services on an “as is” basis and withoutwarranties of any kind.
- Although Skuuper will strive to provide you as quality Service as possible, we do not warrant thatour Website or Services will be error-free and uninterrupted.
- To the maximum extent permitted by applicable law Skuuper or its directors, employees, partners andagents, are not liable for any direct, indirect, incidental, special or consequential damages,including but not limited to, damages for loss of profits, goodwill, use, data or other intangiblelosses arising out of or in connection with your use of Website or providing Translation Services.
- You are solely responsible for creating backup copies of any of the content that you submit toSkuuper Website.
Skuuper reserves the right, at our sole discretion, to modify or replace any of the Translator’s Terms atany time. If a revision is material we will provide you at least 14 days notice prior to any new termstaking effect. By continuing to provide the Translation Services after those revisions become effective,you agree to be bound by the revised terms.
If any of the provisions of these Translator’s Terms proves to be void or voidable, or is or becomesinvalid in full or in part for any other reason, the remaining provisions will continue to apply infull.
The Translator’s Terms and the relationship between you and Skuuper shall be governed and construed inaccordance with the laws of Republic of Estonia, without regard to any choice of laws or conflicts oflaw provisions. You agree that any lawsuit arising from or related to providing Translation Servicesshall be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusivejurisdiction of such courts.
In case of any questions or if you wish to submit a complaint, please contact us.