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not being paid because the outsourcer has not been paid by her client??!!
Thread poster: gggmail
gggmail
English
Jun 4, 2005

Dear Colleagues,

I worked on a project for an outsourcer a month ago. Right now, I was told that I could not get paid because the client have not made the payment. I really do not know what to do at the moment. (I have no contract with the outsourcer, sigh).

Thanks in advance for your suggestions.

Regards,
Frank


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Alison Schwitzgebel
France
Local time: 12:42
Member (2002)
German to English
+ ...
Previous forum postings Jun 4, 2005

Hi!

There have been loads of postings on this subject in the forums in the past. You can search the archives using the "Search" box on the left. I'm sure you'll find lots of useful material there.

Kind regards,

Alison


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Ivana de Sousa Santos  Identity Verified
Portugal
Local time: 11:42
French to Portuguese
+ ...
I have got the same problem Jun 4, 2005

Hello!

I've got the same problem since October 2004.

You can read my thread at http://www.proz.com/topic/31032

I am now trying to solve my problem with a collecting agency. You can contact me through my proz profile if you want to know more details about it.

Regards,
Ivana


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gggmail
English
TOPIC STARTER
Thank you! Jun 4, 2005

thanks for your quick reply.
Alison Riddell-Kachur wrote:

Hi!

There have been loads of postings on this subject in the forums in the past. You can search the archives using the "Search" box on the left. I'm sure you'll find lots of useful material there.

Kind regards,

Alison


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baroni  Identity Verified
Local time: 12:42
Member (2004)
English to Italian
+ ...
Hi Jun 4, 2005

I am having the same problem with 2 customers (no agencies):

for the 1st one (from Italy) I asked a collecting agency to help me. But I am still waiting (after 2 years((

for the 2nd one (from Germany) I asked for the help of a court of justice. I am waiting for an answer in the following days.

Last year I had the same problem with a Swiss customer and I addressed to a court justice in Switzerland. Ten days later I received my money.

Good luck and don't give up!
Francesca


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Erik Hansson  Identity Verified
Germany
Member (2002)
Swedish
+ ...
General problem Jun 5, 2005

Hi Frank,

This is a general problem and quite a few translating agencies try it again and again.

But as I have a contract with an agency, and not with their client whoever it may be, I will never ever accept being paid after my client has gotten the money from his client. After all, I didn't choose the client of my client, and I also have no idea about their payment practices. Just imagine of the translator is the last link in a long chain, and would have to wait for ages before getting paid. If you have delivered on time you can demand being paid on time.

Regards
Erik

**********************************
Erik Hansson
Technical translator DE-SV
Hansson Übersetzungen GmbH
Am Birkenwäldchen 38
D-01900 Bretnig-Hauswalde, Germany
Phone +49 - 3 59 52 - 321 07
Fax +49 - 3 59 52 - 322 02
E-Mail info@hansson.de
Internet www.hansson.de
Internet www.t-translators.net
Internet www.technical-translators.net
ProZ profile http://www.proz.com/pro/21654
***********************************


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Rosa Maria Duenas Rios  Identity Verified
Local time: 06:42
It probably has happened to us all... Jun 5, 2005

In my case, this has been a difficult problem to solve with my "old" clients, with whom I never spoke about payment terms when we first started collaborating.

However, nowadays, every time I am approached by a new client, I ask in writing about their payment policy. If I accept it, and for whatever reason their payments are late, I have their words in paper, to remind them. In this way, they cannot come up with the cheap excuse that they can't pay because they haven't been paid by the final customer, even though some will still try it! I guess one learns through (bad) experience!

[Edited at 2005-06-06 15:56]


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Ian M-H
United States
Local time: 06:42
German to English
+ ...
Contract Jun 6, 2005

gggmail wrote:
(I have no contract with the outsourcer, sigh).


Frank

I don't know which country you're writing from, but in many - if not most - jurisdictions you very definitely have a contract with the outsourcer. Not a detailed written one, perhaps, but all the same a binding agreement that you will provide something (translation services) for consideration (an agreed fee for the job or per word/line/page/hour). With luck you'll have all of that in writing (e-mails).

What you don't have, by the sound of it, is an agreement on payment terms. Depending upon where you are, though, there *may* be legislation covering deadlines for payment and/or "standard terms" which are assumed to apply to contracts if the parties don't specify anything different. I suggest you do some Googling.

Good luck,

Ian


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Laura Porcelli
Local time: 06:42
Agreement Jun 6, 2005

HI,
Frank, The payment agreement is a great idea, I thought about it too. Is there anywhere a sample that vaguely resembles a legal document (you know, to kind of scare them off or warn them) that I could use as a model?
Has anybody done that and is willing to share it? Thanks!


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George Runde
Norway
Local time: 06:42
Norwegian to English
+ ...
Common, but not acceptable Jun 6, 2005

I have also experienced this many times, even when working for agencies that do not have money trouble. It is the agency's problem to get paid, but it is their obligation to pay you on the terms agreed in the purchase order/contract.

One way to circumvent this is to go to the blue pages on proz. You can see comments there, and that is a VERY good indication of how you will be treated.

Good luck.
George


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