PO/Contract issue
Thread poster: Mari Noller
Mari Noller
United Kingdom
Local time: 23:22
English to Norwegian
+ ...
Apr 17, 2005

In what way is a PO/Contract binding? I.e does it have to be signed for and sent to you by snail mail, or is a general "yes, I have received the PO" enough to bind you for life?
Also, how long does a PO normally last, i.e it's not stated in the PO.

I would say it no longer counts if you haven't received any more jobs from the client in over a month.


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Parrot  Identity Verified
Spain
Local time: 00:22
Member (2002)
Spanish to English
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A purchase order is binding for one specific job Apr 17, 2005

and USUALLY specifies that job, the volume of work involved, and the terms of delivery and payment. Once complied with (delivery AND payment), it's over, except for any non-disclosure clause or terms. An acknowledgment of receipt and acceptance of terms is usually enough, though some want that signed, by fax or in writing.

What do you mean by "contract"?

[Edited at 2005-04-17 23:37]


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Mari Noller
United Kingdom
Local time: 23:22
English to Norwegian
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TOPIC STARTER
purchase order contract Apr 17, 2005

I believe the term they used was "Purchase order contract".

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Parrot  Identity Verified
Spain
Local time: 00:22
Member (2002)
Spanish to English
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The PO is a binding contract Apr 17, 2005

under the terms above. Sorry, I should've made that clear.

In the event of non-delivery or late delivery, it remains binding (what terms are provided for this).

In the event of non-payment, it likewise remains binding and may form part of a case against the issuing party... is this what you wanted to know?


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Mari Noller
United Kingdom
Local time: 23:22
English to Norwegian
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Thanks Apr 17, 2005

It was simply a matter of an agency denying me the right to work for their end-user months after I did the last translation for the agency.
Basically, the end-user was not going to be using an agency anymore, and the agency tried to make sure I wasn't going to get a better price.


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Parrot  Identity Verified
Spain
Local time: 00:22
Member (2002)
Spanish to English
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Did they have a 'no solicitation' clause? Apr 18, 2005

is probably the next question.

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Mari Noller
United Kingdom
Local time: 23:22
English to Norwegian
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Well... Apr 18, 2005

What they have written is that I have to respect them as an agency and not contact their clients directly.

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Parrot  Identity Verified
Spain
Local time: 00:22
Member (2002)
Spanish to English
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That's normal (SOP) Apr 18, 2005

And for that matter, they (the agency) are supposed to support you if you need end-client contact, so as not to have to settle the ethical question regarding who solicited who, which is rather thorny.

But it's a small world, and even if the client solicited me, I'd refer him back to the outsourcer, unless the client told me he had problems there or some reason to be unhappy.

THEN I would study the way the "not contact their clients directly" were phrased (liability). But I simply would not think of contacting the end-user directly, above all if I have no idea how my work is processed and delivered to him (proofreading, editing, layouting and QA). There's more to this business than meets our eye.

You see, regardless of how I feel about agencies, being on good terms with the ones that make a critical difference and deliver added value is important. (I also know a few that plainly don't, so I wouldn't hazard a cut-and-dried response without more specifics).

In my personal opinion, the end-client's requirements are foremost, and I would tend to be guided by this. Money is not a primary consideration here; this is the way to make money. Although that may sound contradictory, I hope it makes sense.


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Mari Noller
United Kingdom
Local time: 23:22
English to Norwegian
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TOPIC STARTER
I agree but.. Apr 18, 2005

The client in question here decided not to use the agency anymore, and placed a job add here on proz and I applied for it.

The job I did for the agency was proofreading, but the job I could have gotten with the client was translation. So to me it wasn't the same job.


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Rossana Triaca  Identity Verified
Uruguay
Local time: 19:22
Member (2002)
English to Spanish
Go ahead... Apr 18, 2005

The client in question here decided not to use the agency anymore (...)


Then he is no longer a client of that agency and you are free to work for him; I agree with parrot that, being an independent contractor, the PO terms end when the job/payment ends (except for any confidentiality issues, of course).

Remember that you are a freelance (third-party) provider without any exclusivity clauses and that you are not taking any "in-house" know-how from the agency to the client, hence the agency has no claim whatosever to your choice of clients (except about their *current* clients).

Naturally, the agency may get upset and stop sending you work; that's a risk you'll have to decide on. However, if the client stoped using their services, there must be a reason behind it... and if they are unreasonable enough as to demand of you not to work with any past/future client of theirs as well as present ones... well, maybe you are better off without them.

[Edited at 2005-04-22 00:34]


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