| Pages in topic: < [1 2] | Would you sign the contract? Thread poster: wonita (X)
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| Agree with Astrid | Aug 22, 2008 |
Astrid Elke Johnson wrote: Charlie Bavington wrote:
Everybody in these threads always assumes bad faith - that it's always a ruse to avoid payment etc. If you have a chat with them about what they are trying to achieve, you'll soon suss whether they are indeed gonna rip you off at the earliest oppportunity or if they're just trying to make sure everyone does things properly. Maybe they are trying to "make sure everyone does things properly". However, it is their obligation to take on the business risk when they try out a new translator for the first time. They can place a minimal order, for instance, and then pay for it and decide whether or not to work with that particular translator again. Every other type of business has to take risks, so why should translation agencies be an exception?
My idea has been well covered with your words Astrid. I fully agree.
| | | | | I totally agree with you, Viktoria. | Aug 22, 2008 |
Viktoria Gimbe wrote: Alfredo, I find you are being generous with AGENCY. I found other problems with their clauses besides what you personally find unfair. shall not compete with AGENCY in any manner, either directly or indirectly Some may not construe this the way I do, but it is my understanding that you would not be allowed to have anything to do with that client whatsoever for three years. They did use the word "indirectly". This means that if their client eventually buys services from a different agency, and you just happen to be working with that agency as well, and you participate in one of that client's projects, without even being aware of their identity, you could be sued. Oh please! Let's be reasonable. Just how do they imagine you can be aware of who commissioned which assignment in what agency? specifically agrees that it will not solicit or accept business or employment from Client or any subsidiary or affiliate That they require that you don't willingly solicit said client is understandable. But that they require that you don't accept assignments from them if they solicit your services is an aberration. What if that client dislikes working with AGENCY because they offer sloppy quality assurance but on the other hand liked the work done by some of their translators and prefers to work with them directly? This is unfair not just to you, but to the client as well. Simply put, they are keeping the client from working with their choice of freelancers if they wish. I am unsure this is even legal. The contractor accepts complete and comprehensive responsibility. So, if they lose a $300,000 contract to another agency you happen to be working with, you owe them $300,000? Oh, pullleese! [Edited at 2008-08-21 20:41]
I couldn't agree more with you on this one.
But I had read similar clauses, and hey, the post was great, and so was the money. I mean, surely, by principle, I would have not signed that contract.
However, I did, and they were simply great to me all the way, the communication, the payment, the follow up, the contact, etc.
It was a minor issue in a great assignment.
On the other hand, they did not seem to understand much why I was so demanding and insisting regarding the liability and the profit loss clause.
I deeply though to myself: hey, this agency is operating from the US, I am in Europe a good thousand kms away... and, quite frankly, I wouldn't like to have to travel to the US for any court proceedings, or having to pay a US lawer for my translation, or for any effects or consequences thereafter.
In fact, it was mostly translation of software and accountancy material, so no legal or medical implications at all. No one was to fall ill, die or go to jail due to a mistranslation in this case!
And hey, I am no accountant/business person myself. Hence I don't have to proofread every single word to be 100% appropriate in that section, in the accountancy world of this client, or in that particular company.
There were Transition Manager fully bilingual supervising the whole process for this purpose, etc.
One can localise, and I did indeed, and all congratulated me, etc,
But a translation without it being proofread is something like a painter that doesn't look back on the object after the beginning.
One can so as far as specialised dictionaries, online glossaries, and some questions to the end users.
It goes without saying I did make sure I understood terms correctly all the way, and that they understood me, and the used those terms, and they 'trained' me too, etc.
But, hey, we, translators, have to know about nearly all subjects and topics, and yet receive often little or limited or even biased or dismissive support from the experts: lawyers, doctors, architects, business people, and so on.
So I would not, and in fact I did not, consider myself accountable or fully responsible or liable for this translation, as it was down to the Managers on-site to double check all terms were fully understandable and appropriatte for their business unit or department!
Thanks in any case for the analysis of the paragraph, which I knew what implied, and somehow I sacrificed and overlooked in order to avoid missing that great chance...
I guess I didn't think of the extent of the implications you very well mention, which are far-fetched indeed...
Merci bien de toute façon,
Alfredo
[Edited at 2008-08-22 17:49]
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