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Thread poster: Helena Grahn

Helena Grahn  Identity Verified
United Kingdom
Local time: 18:41
Member (2006)
English to Portuguese
+ ...
Sep 1, 2011

I agree that we all have to follow some type of protocol in the business but some agencies just go too far.


I get one NDA to sign and mind you this I have seen before, where they want you to delete their files as soon as the project is done. I do not agree with that and do not sign and such NDA. I think I will have the right to keep the files until they have paid me for the job.

Another thing is the amount of emails I get from random agencies looking for translator asking them to send them their CV and give them their rates. I do not work that way. I answer them that when they have got a project in mind, they can approach me with a sample and I will send them a quote. How on earth will they know whether I will accept the job without seeing it?


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neilmac  Identity Verified
Spain
Local time: 19:41
Spanish to English
+ ...
Same old same old... Sep 1, 2011

Helena Grahn wrote:
... when they have got a project in mind, they can approach me with a sample and I will send them a quote. How on earth will they know whether I will accept the job without seeing it?


It happens to me all the time, probably because the agencies are always in such an infernal, ad-hoc rush to get things done. In fact just yesterday, I was asked if I could do a 2800 word job by Friday a.m. Since I already have plenty of work anyway, but mainly because they didn't mention the rate or send a sample of the text (or more importantly for me, tell me if the text was in easily workable format), I refused it out of hand.

In fact, I could have juggled my other projects and fitted it in, but rather than take the 5 minutes or so to draft an email explaining this, I brushed them off. It's their loss. When I have some spare time away from work or trying to get Skype to function on my new laptop, (curse you, Mr Gates!) I may send them a request to be more forthcoming in future proposals, but going on form it will likely have little effect.

I already have a set of "collaboration parameters" which I send to clients but most don't pay any attention, maybe it's a Spanish thing...?


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Robert Forstag  Identity Verified
United States
Local time: 13:41
Member (2003)
Spanish to English
+ ...
Agree with Helena Sep 1, 2011

I agree that it makes much more sense to handle all the paperwork only after an agreement to do a project for a particular agency. I really can't be bothered with printing out, filling out and scanning forms, and writing e-mails to agencies that may or may not offer me work in the future. If such agencies don't offer me work (and more often than not, in my experience, they do not), then I've wasted my time. On the other hand, if I agree to do work for an agency I've never dealt with before, I will gladly handle the paperwork, and will do so knowing that I am not wasting my time.

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BabelOn-line
United Kingdom
Local time: 18:41
English to French
+ ...
NDA and property transfer clause Sep 13, 2011

Good point.

My T&Cs state that the intellectual property of the translation is only transferred to the client / end user after we receive the final payment for the job.

Reason is, should things go pear shape with the client, you get a powerful leverage. Client (e.g. agency or publisher) can't pay won't pay? You just have to tell them that you will inform their end client that they do not own the rights on the translation and that you could potentially sue them for breach of copyright. It is a bit a nuclear option, but a nice ace to keep up your sleeve.

But that clashes with NDAs. In which case, you can negotiate the fact you are willing to drop this clause in exchange for some sort of guarantee of payment. It is important that your clients get your T&Cs at an early stage (i always add them to my very first price offer, in the knowledge that the client will 99.99% of the time never read them), so it creates a precedent that they have accepted your T&Cs.

Hope this can be of help.


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