Terms and Conditions

Vivi's Chinese Interpreters and Translation Terms of Service

Thank you for your interest Vivi's Chinese Interpreters and Translation! Vivi's Chinese Interpreters and Translation is a DBA registered to Shu Ma in San Bernardino County, California, USA. This document sets out contractual terms for your participation in our marketplace for business advisory service providers (whether they be interpreting services, translation, product sourcing or other business advisory services) and use of our translation services. The terms are legally binding on you, so it’s important that you read and understand them.

Below are the general terms that apply to all users of Vivi's Chinese Interpreters and  Translation(http://vivitranslation.com), as well as those terms that apply specifically to customers and to business advisory service providers. All of the terms stated in these Terms of Service constitute the “Agreement” between you and Vivi's Chinese Interpreters and Translation. Vivi's Chinese Interpreters and Translation may change the terms of the Agreement from time to time.

As stated on the Vivi's Chinese Interpreters and Translation site, whether accessed through our desktop website, our mobile website, or a mobile application, when you click the appropriate button to continue with your activity, that action will constitute acceptance of the Agreement, as well it is listed in the signatures of our emails and in the notes sections of our invoices. If you have any questions for us concerning the Agreement or Vivi's Chinese Interpreters and Translation generally, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..

Thank you for your interest in Vivi's Chinese Interpreters and Translation!

Vivienne Ma & Team

Terms of Service

Last revised: August 10th, 2014


General Terms
The following terms apply to each member, both customers and business advisory service providers, of the Vivi's Chinese Interpreters and Translation (Vivi's) marketplace and translation services:

1. Registration and Verification. When you sign-up for various services offered by Vivi's, you may need to provide certain information about yourself, including, explicitly, photographs of personal identification documents (e.g., passport, driver’s license). You promise to provide complete and accurate information to Vivi’s. Vivi’s will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Vivi’s to request, receive, use and store such information for a reasonable period of time. Vivi’s may accept or reject your registration application and/or application to reserve services in its discretion for any reason.

2. Incorporation of Additional Terms and Additional Languages. Additional information may be added in this section from time to time and without notice. Additional languages may be utilized to translate this document. Where there is a discrepancy between such alternative versions, the English language version shall prevail.

3. Your Commitments. You agree that you will always use the marketplace and Vivi's translation services in compliance with the terms of this Agreement and any other policies and standards provided to you by Vivi’s. You promise Vivi’s that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with Vivi’s won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.

4. Confidentiality. You agree that in the course of conducting business on the Vivi’s marketplace and Vivi's translation services, and in the course of performing and receiving services that are arranged through the marketplace and Vivi's translation services, you will be exposed to information which is considered by the disclosing party to be confidential (“Information”). As used here, such Information includes but is not limited to trade secrets, know-how, production costs, employee matters, intellectual property, and other matters. You agree that you are to keep all such Information private and confidential.

When the disclosing party is the Vivi’s customer and the receiving party is the Vivi’s business advisory service provider, the receiving party shall, at the written request of the disclosing party, destroy any physical and electronic copies of the Information in a prompt and timely manner, and when complete, provide notice to the disclosing party that such Information is destroyed.

When the disclosing party is a third-party unaffiliated with the Vivi’s marketplace (for example, a counterparty with whom a Vivi’s customer is conducting business), and the receiving party is both the Vivi’s customer and the Vivi’s business advisory service provider, then the treatment of the Information with respect to confidentiality shall be governed by any agreements in place between such a third-party and the receiving party(ies).

In the absence of such agreement, then the Vivi’s customer and Vivi’s business advisory service provider shall exercise care and prudence about protecting such Information.

If the Vivi’s customer wishes to oblige the Vivi’s business advisory service provider to enter into a separate confidentiality agreement, then such an agreement may supercede these terms. Regardless of the existence and scope of such a separate agreement, you agree in all cases to hold Vivi’s harmless for any damages related to disclosure of the Information.

5. Disclaimer of Warranty and Limitation of Liability. This Agreement describes all of Vivi’s’ obligations in the event of any loss or damage resulting from your participation in the marketplace. In order to provide for certain limitations on our liability, we are required to provide the following information in this format:

VIVI’S PROVIDES A MARKETPLACE THAT ENABLES BUSINESS ADVISORY SERVICES BETWEEN SERVICE PROVIDERS AND CUSTOMERS. IN CASES WHERE MA SHU A.K.A VIVIENNE MA IS NOT THE BUSINESS SERVICE PROVIDER IN QUESTION, VIVI’S DOES NOT PROVIDE BUSINESS ADVISORY SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE DECISIONS, OUTCOMES, STRATEGIES, ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE.

IN NO EVENT WILL VIVI’S BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIVI’S’ LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF (X) THE AMOUNTS PAID TO YOU (AS A SERVICE PROVIDER) OR THE AMOUNTS PAID UNDER THIS AGREEMENT OR $1,000.

6. No Agency. Vivi’s does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Vivi’s and Vivi’s will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.

7. No License. The Vivi’s marketplace and Vivi's translation services contains trademarks and other proprietary information, all of which is individually and collectively protected by intellectual property laws in the United States and internationally. Except as part of the intended use of the Vivi’s marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the Vivi’s marketplace, all of the content presented through the Vivi’s marketplace is owned by Vivi’s and its licensors. All rights are hereby expressly reserved.

8. Indemnification. In the event of any claim for a loss or injury that occurs during the service being rendered as arranged through the Vivi’s marketplace, you agree to defend and indemnify Vivi’s against such claims as required by applicable law.

9. General. This Agreement states the entire understanding between you and Vivi’s concerning your participation in the marketplace and Vivi's translation services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of Vivi’s. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Vivi’s. Vivi’s’ failure to exercise any right under this Agreement will not constitute a waiver of any other right Vivi’s may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of California, without regard to any of its conflict of laws provisions.

10. Non-solicitation and Repeat Customers. In the event a customer and a business advisory service provider have a satisfactory service and intend to engage in further services, you agree that all such services can only be arranged through the Vivi’s marketplace and Vivi's translation services so long as that service provider is a participant of the Vivi’s marketplace and Vivi's translation services. Such repeat customers agree to have further engagements booked through the Vivi’s marketplace and Vivi's translation services, and any arrangement of services not booked through the Vivi’s marketplace and Vivi's translation services, whether identical to any prior services rendered or not, shall be viewed as a violation of this Agreement and may result in suspension of privileges of the marketplace and translation services, including the withholding of any payments earned but not paid to the business advisory service provider. Notwithstanding the preceding, customers who desire to extend offers of full-time employment to service providers they found through Vivi’s are encouraged to notify Vivi’s at This email address is being protected from spambots. You need JavaScript enabled to view it.. The intention of this notification is to acknowledge that the Vivi’s marketplace has led to a successful match of a customer to a service provider.

11. Waiver. Vivi’s provides a marketplace and translation service to allow customers and business advisory service providers to connect in an easy and efficient way. Except as expressly provided in this Agreement, Vivi’s and the applicable business advisory service provider do not intend to take liability with respect to a customer’s use of the Vivi’s marketplace or the applicable service being rendered, including such decisions, actions, consequences, and results made from the service being rendered. AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST VIVI’S AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “VIVI’S PARTIES”) AS WELL AS THE BUSINESS ADVISORY SERVICE PROVIDER (IN THE CASE OF A CUSTOMER) OR THE CUSTOMER (IN THE CASE WHERE YOU ARE A BUSINESS ADVISORY SERVICE PROVIDER) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE INCLUDING, WITHOUT LIMITATION, A BUSINESS DECISION OR JUDGMENT THAT RESULTS IN IMMATERIAL OR MATERIAL GAINS OR LOSSES, WHETHER FINANCIAL OR OTHERWISE. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

12. Links. Our Site may contain links to third-party sites that are not owned or controlled by Vivi's Chinese Interpreters and Translation. Vivi's Chinese Interpreters and Translation has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Terms for Marketplace Customers
The following Sections 13-16 apply if you are seeking business advisory services on Vivi’s marketplace:


13. Information Provided to Vivi’s. As part of inquiring and reserving business advisory services through the Vivi’s marketplace, you will need to provide certain information about yourself and your intended business. As stated in Section 1 above, you have authorized Vivi’s to keep and store evidence of your identification card (e.g., drivers license or passport) in order to verify your identity and thus be eligible to participate in the marketplace. You understand and agree that Vivi’s may periodically request additional verification of identity and more information about your intended business, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Vivi’s may refrain from allowing you to further participate in its marketplace. Vivi’s may, subject to the terms of this Agreement, retain and continue to use for its own internal purposes any information previously provided by you. All of your information will be held and treated in accordance with our data providers.

14. Payment, Payment Methods, Fapiao, Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of the marketplace. You authorize Vivi’s to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, incidental expenses incurred during you use of the business advisory services, and you furthermore represent and warrant that you have the right to make this authorization. Explicitly, you will be responsible for all of the costs relating to travel needs (including accommodation and transportation) for any business advisory service providers. More information on this matter can be found in the interpreting FAQ.

Payment terms and Payment methods are listed on our blog on the entry below as well as in the notes section of our invoices and are strictly enforced, especially with regard to payment times, payment of transfer fees, cancellation fees of interpreters, and late finance charges.
http://vivitranslation.com/about-us/translation-blog/entry/pricing-payment-notes-and-payment-methods-at-vivi-s-chinese-interpreters-and-translation.html

Vivi's is a San Bernardino, California, USA based sole proprietorship business and as such is not required to produce a fapiao for any of its services, that being said we can produce a freelance fapiao for our services as long as the extra tax of 3% on top of the total invoice amount for a feelance fapiao is paid by the customer in advance as well as an authorization form needed to acquire the Fapiao for the full amount is signed and stamped by the company in question. The acquisition of a fapiao does not in any way delay the time given for payment on our services or on finance charges as a result of a late payment.

You acknowledge that Vivi’s may require and hold a deposit as part of the business advisory services being reserved, and that if a deposit is required, you will be affirmatively notified by Vivi’s and have the option to make the deposit or cancel your reservation.

15. Use of the Marketplace and the Foreign Corrupt Practices Act. When you utilize a business advisory service through Vivi’s, you may use the service only for the discussion and advancement of business matters that are legal in the jurisdictions in which you intend to conduct business.

Under no circumstances will any violation of the Foreign Corrupt Practices Act be tolerated. Any use of the marketplace that is an attempt, solicitation, coercion, or outright intention to breach, violate, or circumvent any portion of the Foreign Corrupt Practices Act, whether explictly or implicitly, shall constitute a violation of the terms of this Agreement and may require Vivi’s to notify relevant legal authorities.

Notwithstanding the preceding, you are further required to meet any laws or regulations regarding company-specific or government-specific guidelines on business interactions, including but not limited to gift-giving and disclosure of meeting for public officials.

The list is not meant to be exhaustive. If you have any concerns about your planned use, please contact Vivi’s customer service at This email address is being protected from spambots. You need JavaScript enabled to view it..

16. Personal Code of Conduct. You agree to maintain a professional code of conduct at all times with Vivi’s’s business service providers. Violations of this code of conduct may, at Vivi’s’s sole and absolute discretion, result in suspension of marketplace participation and privileges with no refunds given for fees already paid for services not yet rendered. If you dispute that such a violation occurred, arbitration proceedings will be initiated by Vivi’s.

The list of prohibited behavior can be found in the interpreting FAQs and includes, explicitly, any physical or emotional harm, or threat of harm. This includes, without exception, any advances of a romantic or intimate nature as well as any coercion to consume intoxicating substances.

Terms for Business Advisory Service Providers and Subcontracted Written Translators

The following Sections 17-24 apply if you are utilizing Vivi’s marketplace to market your business advisory services or are working with Vivi's to provide translation related subcontract work:

17. Information Given Prior to and at Registration. When you sign-up for Vivi’s, you will have provided several pieces of information, including but not limited to contact information, photographs and videos of yourself, and a summary of your professional experience and qualifications. You agree that all information will be stored indefinitely by Vivi’s and, immediately upon receipt by Vivi’s, can be utilized in any marketing material without prior notification or consent by you. Upon written request by you, Vivi’s will withhold or modify such information, but will not proactively seek your approval for such marketing material.

18. Representation and Warranties. You represent that all information you provide related to your professional qualifications, certifications, education and other relevant detail are true and accurate.

19. Service Fees. You will have the ability to set and revise your business advisory services as you choose. Vivi’s will pay you the amount collected from those who utilize your advisory services, less the applicable fees payable to Vivi’s, as well as any taxes or similar charges that Vivi’s collects including credit card processing and foreign exchange conversion fees. You acknowledge that Vivi’s’ fees may change from time to time. Vivi ’s will pay you all of the fees due to you within sixty (60) days of the end of the applicable month; provided that Vivi’s may impose reasonable minimums for each payment. To the extent you owe Vivi’s money for any reason, Vivi’s also reserves the right to deduct those amounts from your payment.

20. Taxes. Vivi’s may in the future endeavor to work with third-party firms to calculate, and, if appropriate, pay the appropriate amount of tax owed on any income paid to you as a result of participation in the Vivi’s marketplace. This may require you to disclose information about any other ongoing employment activities as well as other sources of income and your place of residence. Vivi’s may withhold payments until we have received that information from you.

It is important to note that Vivi’s from time to time and without notice will report to relevant government authorities and other interested parties (such as auditors and investors both current and potential) about the financial disbursements it makes as part of the Vivi’s marketplace. [If you do not wish for Vivi’s to calculate, withhold, and pay taxes on your behalf, you must contact us at This email address is being protected from spambots. You need JavaScript enabled to view it.. Such a decision by you to personally bear the tax consequences by you (“Opt Out”) must be received in writing at the email address listed previously. Any tax consequences arising from such disbursements from the Vivi’s marketplace after the Opt Out will be borne entirely be you.

21. On-going Information Updates. You promise to update the information you have provided to Vivi’s in the event of any changes to your residence, contact information, or employment status. Specifically with respect to your contact information, Vivi’s may deliver notices to you at the most recent email address, phone number, and instant messaging application provided by you, and those notices will be considered valid even if you no longer maintain the email account, phone number, or instant messaging application. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure.

22. Affiliation with Vivi’s. You agree that your relationship with Vivi’s is in no way an employment relationship. Under no circumstances shall you communicate, convey, imply, state, or express, whether directly or indirectly, that you are an employee of Vivi’s. You are a participant in Vivi’s
marketplace.

23. Use of Email and Other Branding. You agree that you will exclusively use the email address granted to you by Vivi’s for any and all interactions with customers who found you on the Vivi’s marketplace. You further agree that you will in no way modify the disclaimer language utilized in your email which states you are not an employee of Vivi’s. From time to time and subject to change without notice, Vivi’s will offer you the opportunity to distribute branded materials which may include your name, such as business cards. You agree to follow the provisions of Section 16 in connection with distribution of such material, which includes, explicitly, that you are not an employee of Vivi’s. Such material is allowed to be distributed by you only to share contact information and demonstrate your participation in the Vivi’s marketplace.

24. Termination. You may discontinue your use of the Vivi’s marketplace at any time and Vivi’s may terminate your access to the Vivi’s marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and Vivi’s may retain and continue to use for its own internal purposes any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.

Terms for Translation Services
The following Sections 25-27 apply if you are seeking translation services:


25. Information Provided to Vivi’s. As part of inquiring and reserving translation services through Vivi’s , you will need to provide certain information about yourself and your intended business. As stated in Section 1 above, you have authorized Vivi’s to keep and store evidence of your identification card (e.g., drivers license or passport) in order to verify your identity and thus be eligible to participate in our translation services. You understand and agree that Vivi’s may periodically request additional verification of identity and more information about your intended business, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Vivi’s may refrain from allowing you to further participate in its marketplace. Vivi’s may, subject to the terms of this Agreement, retain and continue to use for its own internal purposes any information previously provided by you. All of your information will be held and treated in accordance with our data providers.

26. Payment, Payment Methods, Fapiao, Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of our translation services. You authorize Vivi’s to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, translation rates, proofreading and editing fees, processing fees, usage fees, fines/penalties, incidental expenses incurred during you use of our translation services, and you furthermore represent and warrant that you have the right to make this authorization.

Payment terms and Payment methods are listed on our blog on the entry below as well as in the notes section of our invoices and are strictly enforced, especially with regard to payment times, payment of transfer fees, cancellation fees of interpreters, and late finance charges.
http://vivitranslation.com/about-us/translation-blog/entry/pricing-payment-notes-and-payment-methods-at-vivi-s-chinese-interpreters-and-translation.html

Vivi's is a San Bernardino, California, USA based sole proprietorship business and as such is not required to produce a fapiao for any of its services, that being said we can produce a freelance fapiao for our services as long as the extra tax of 3% on top of the total invoice amount for a feelance fapiao is paid by the customer in advance as well as an authorization form needed to acquire the Fapiao for the full amount is signed and stamped by the company in question. The acquisition of a fapiao does not in any way delay the time given for payment on our services or on finance charges as a result of a late payment.

You acknowledge that Vivi’s may require and hold a deposit as part of the business advisory services being reserved, and that if a deposit is required, you will be affirmatively notified by Vivi’s and have the option to make the deposit or cancel your reservation.

27. Use of our Translation Services and the Foreign Corrupt Practices Act. When you utilize our translation service through Vivi’s, you may use the service only for the discussion and advancement of business matters that are legal in the jurisdictions in which you intend to conduct business.

Under no circumstances will any violation of the Foreign Corrupt Practices Act be tolerated. Any use of our services that is an attempt, solicitation, coercion, or outright intention to breach, violate, or circumvent any portion of the Foreign Corrupt Practices Act, whether explictly or implicitly, shall constitute a violation of the terms of this Agreement and may require Vivi’s to notify relevant legal authorities.

Notwithstanding the preceding, you are further required to meet any laws or regulations regarding company-specific or government-specific guidelines on business interactions, including but not limited to gift-giving and disclosure of meeting for public officials.

The list is not meant to be exhaustive. If you have any concerns about your planned use, please contact Vivi’s customer service at This email address is being protected from spambots. You need JavaScript enabled to view it..

Prefer to call us?

Skype: vivisuevivi
E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
Website: www.vivitranslation.com
Locations: Beijing, China
Los Angeles, CA
Denver, CO
Phone: +86 132 6319 8977
Working Hrs: Monday - Friday
9:00 am - 5:00 pm

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