Mobile menu

Would you sign this contract?
Thread poster: Minna Wood MITI (Purring CAT Ltd.)

Minna Wood MITI (Purring CAT Ltd.)  Identity Verified
United Kingdom
Local time: 18:32
English to Finnish
+ ...
Oct 9, 2003

A German Agency wants me to sign a contract with them.
There are some clauses that I am not quite sure what they mean, but before I ask them, I thought maybe one of you could give me some advice whether it is wise to sign this:


"§ 2
Terms of Payment
(1) (…)
(2) (…)
(3) To the full extent allowed by law, "Company X" shall have the right to set-off and retention.

§ 3
Delayed Delivery of the Assignment
(1) (…)
(2) (…)
(3) In case of a delay, "Company X" shall be entitled to its legal rights. In case of a delay on the part of Translator, "Company X" shall be entitled to rescind the contract. Once a reasonable extension period has passed without further result, "Company X" shall be entitled to damages for non-performance.

(4) The parties expressly reserve the right to agree to contractual penalties and lump sum contractual penalties

§ 5
Warranty
"Company X" shall be entitled to warranty claims to the full extent of the law. Notwithstanding the aforesaid, "Company X" shall be entitled to commission third parties to correct errors, if Translator fails to correct errors within a specified time period set by "Company X". In this case, Translator agrees to assume all necessary expenses related to the correction of errors. "Company X" explicitly reserves the right to compensation for damages, in particular damages due to nonperformance."


Thanks for any advice.
Minna


[Edited at 2003-10-09 14:45]


Direct link Reply with quote
 
Suzanne Blangsted  Identity Verified
Local time: 10:32
Danish to English
+ ...
contractural agreement Oct 9, 2003

I would not sign that contract. As I read it, no matter how good you are, the company can refuse to pay you, and the company can do what it wants to do.

You could probably negotiate or suggest some amendments that will protect you in case that company is unprofessional in its business action (against you).


Direct link Reply with quote
 

Claudio Nasso  Identity Verified
Italy
Local time: 19:32
Member (2003)
English to Italian
+ ...
I would not accept it Oct 9, 2003

I completely agree with Blangsted.

It seems that the Company is trying to protect itself in any case, without leaving any chance to you.

In any case try to propose a contract that you usually accept and in which you can find some protection for you.

Claudio


Direct link Reply with quote
 
giogi
Local time: 18:32
not at all!!!! Oct 9, 2003

Too many clauses and none dealing with quality.....It sounds as if they were just trying to get away from paying your job!!!!!Be careful!

Direct link Reply with quote
 

Mats Wiman  Identity Verified
Sweden
Local time: 19:32
Member (2000)
German to Swedish
+ ...

MODERATOR
It stinks! Oct 9, 2003

Dear all,

Once again one of these silly lawyer-worded clauses.
Anything stated as part of the law is not necessay to mention (unless both parties agree to neglect it).
It is one-sided, unnecessary and untrustworthy.

DO NOT SIGN!

BR

Mats J C Wiman
Übersetzer/Translator/Traducteur/Traductor > swe
http://www.MatsWiman.com
http://www.Deutsch-Schwedisch.com
http://www.proz.com/Pro/1749
(Proz.com moderator (deu>swe))
Träsk 201
SE-872 97 Skog
Schweden/Sweden/Suède/Suecia
Tel:+46-612-54112 Fax:+46-612-54181 Mobile:+46-70-5769797


Direct link Reply with quote
 
xxxLia Fail  Identity Verified
Spain
Local time: 19:32
Spanish to English
+ ...
Don't sign Oct 9, 2003

If you are a professional, with suitable accreditation, they must take you on trust.

The most I have signed for any client is a confidentiality agreement.


Direct link Reply with quote
 

Tina Vonhof  Identity Verified
Canada
Local time: 11:32
Member (2006)
Dutch to English
+ ...
Who would want to work for that company? Oct 9, 2003

It sounds as if this company is assuming a priori that you will not deliver good quality work on time. The contract is all about penalties but nothing is specified:
'under the law'
'its rights'
'compensation'
All vague terms which they could interpret as they please.

Nothing is said about your rights, compensation to you if they do not honour the contract, or don't pay you on time, etc.

Definitely not a company you would want to work for.


Direct link Reply with quote
 
Lucinda  Identity Verified
Local time: 14:32
Member (2002)
Dutch to English
+ ...
Stay away from it!! Oct 9, 2003

It appears to me that they have entered every possible clause in the contract to find ways not to pay you after you have done a job.

It is just too restricted towards you. This seems like future high-blood pressure to me. I would stay away.

Just my two cents. Good luck!
Lucinda.


Direct link Reply with quote
 

Frank Bremster  Identity Verified
Local time: 20:32
German
+ ...
German law Oct 9, 2003

I don't see anything in this contract that is not part of the German law itself.
Though it's kind of unnecessary to restate it in the contract.
IMHO you can sign this.


Direct link Reply with quote
 
xxxTransflux
Local time: 19:32
French to English
+ ...
Don't sign Oct 10, 2003

The best agencies don't get you to sign contracts pushing all the blame on you if something goes wrong. So what exactly is their role in the quality assurance process? What do they do for their 30-50% cut? Ask yourself these questions before you sign anything. I have not yet signed a contract and I am making a perfectly good living with decent agencies that assume their responsiblilities in assuring quality. I always do my utmost to ensure I deliver a quality translation as I'm sure do other conscientious professional translators but I refuse to accept all the consequences of unforseen errors if that situation occurs. The agency must work with you not against you. I think the problem is that some of these agencies have obviously encountered poor translations in the past but that is their problem!
Good luck!


Direct link Reply with quote
 

Minna Wood MITI (Purring CAT Ltd.)  Identity Verified
United Kingdom
Local time: 18:32
English to Finnish
+ ...
TOPIC STARTER
Thanks everyone... Oct 10, 2003

... for your useful advice!

Best regards,
Minna


Direct link Reply with quote
 
xxxMarc P  Identity Verified
Local time: 19:32
German to English
+ ...
German law Oct 11, 2003

The "specified time period set by "Company X" should be qualified in some way, at least by the word "reasonable", and I would expect some reference to "höhere Gewalt" in relation to nonperformance. I confess to not knowing what is meant by "set-off and retention".

On the whole though, I agree with Frank. These terms are quite reasonable and I fail to see the reason for all this wailing and gnashing of teeth. Do translators expect to be entitled to deliver shoddy work, or late, or not at all?

Marc


Direct link Reply with quote
 
International Translation Agency Ltd //
Local time: 19:32
English to French
+ ...
The Company may be right, after all!!! Oct 11, 2003

I rarely take part in the discussions on Proz's fora. But I must react to this one. I just can't help it.

The Company which proposed such contract may be right after all. For at least 3 reasons:

1. Minna only quoted 3 provisions that may seem hard to accept. S/He did not quote the entire contract to show what rights the freelance translator is entitled to!

2. You, freelance translators are only interested in protecting your own rights! Who will protect companies' interest?! If you do NOT know, when a freelance translator messes up a job, the translation Company loses a lot - especially if the client happens to be a regular one.

3. If the Freelance translator is ethical, professional, reliable, competent, trustworthy, etc, etc, s/he should not question the provisions quoted by Minna. If you do your job professionnally, you have nothing to worry about.

I'm saying this because I own and manage a translation COMPANY (not agency!) and for the last 12 years we have never had any complaint from our freelance translators.

Also, a couple of months ago, we placed an ad on Proz for freelance EN to FR qualified and experienced freelance translators. We received 22 applications. All 22 applicants had to undertake a translation test. Guess how many of them passed the test! 2. Yes only 2 individuals passed the test. You should see the CVs they sent us when they applied: la crème de la crème. My foot!

I bet that most Freelance translators make their living thanks to translation agencies and companies. So: stop denigrating us!





Minna Wood (Purring CAT Ltd.) wrote:

A German Agency wants me to sign a contract with them.
There are some clauses that I am not quite sure what they mean, but before I ask them, I thought maybe one of you could give me some advice whether it is wise to sign this:


"§ 2
Terms of Payment
(1) (…)
(2) (…)
(3) To the full extent allowed by law, "Company X" shall have the right to set-off and retention.

§ 3
Delayed Delivery of the Assignment
(1) (…)
(2) (…)
(3) In case of a delay, "Company X" shall be entitled to its legal rights. In case of a delay on the part of Translator, "Company X" shall be entitled to rescind the contract. Once a reasonable extension period has passed without further result, "Company X" shall be entitled to damages for non-performance.

(4) The parties expressly reserve the right to agree to contractual penalties and lump sum contractual penalties

§ 5
Warranty
"Company X" shall be entitled to warranty claims to the full extent of the law. Notwithstanding the aforesaid, "Company X" shall be entitled to commission third parties to correct errors, if Translator fails to correct errors within a specified time period set by "Company X". In this case, Translator agrees to assume all necessary expenses related to the correction of errors. "Company X" explicitly reserves the right to compensation for damages, in particular damages due to nonperformance."


Thanks for any advice.
Minna


[Edited at 2003-10-09 14:45]


Direct link Reply with quote
 


To report site rules violations or get help, contact a site moderator:


You can also contact site staff by submitting a support request »

Would you sign this contract?

Advanced search


Translation news





Protemos translation business management system
Create your account in minutes, and start working! 3-month trial for agencies, and free for freelancers!

The system lets you keep client/vendor database, with contacts and rates, manage projects and assign jobs to vendors, issue invoices, track payments, store and manage project files, generate business reports on turnover profit per client/manager etc.

More info »
memoQ translator pro
Kilgray's memoQ is the world's fastest developing integrated localization & translation environment rendering you more productive and efficient.

With our advanced file filters, unlimited language and advanced file support, memoQ translator pro has been designed for translators and reviewers who work on their own, with other translators or in team-based translation projects.

More info »



All of ProZ.com
  • All of ProZ.com
  • Term search
  • Jobs