Is this OK to sign?
Thread poster: Tatiana Neamţu

Tatiana Neamţu
Romania
Local time: 12:37
English to Romanian
+ ...
Jan 25, 2007

Hello all!

I have just received an agreement which I should sign in order to work with an agency. I shall reproduce one paragraph and please let me know whether you would sign it:

"Should the service provider (that would be me) neglect the contractual obligations, the Beneficiary is entitled to cancel the contractual relations without prior notice and to request damages of at least 10.000 EURO. The maximum amount shall be calculated according to the damages."


Thank you,
Tatiana

[Editat la 2007-01-25 22:03]


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Chia-Chen Yu  Identity Verified
Argentina
Local time: 06:37
Chinese to Spanish
+ ...
Read the contract carefully Jan 25, 2007

in my opinion it is important to read the whole contract thoroughly. Be sure what your obligations are as a service provider and also the obligations that agency have to fulfill. If there's an article that guarantees the agency's profit, there should be one for you too. Don't you think?

Good Luck,

Juli^.^


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Tatiana Neamţu
Romania
Local time: 12:37
English to Romanian
+ ...
TOPIC STARTER
Well, ... Jan 25, 2007

... I have signed some contracts so far. But none specifying the amount for damages. And this 10.000 EUR sounds pretty huge for me. Should I also specify an amount in case they don't pay on the agreed term?

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Astrid Elke Witte  Identity Verified
Germany
Local time: 11:37
Member (2002)
German to English
+ ...
No, it is not OK to sign Jan 25, 2007

However short of work you may be at the time that you receive such a request, please don't sign it. You can't afford to. Also, to ask you to sign such an agreement shows up the agency in a very poor light. I would also imagine it would make it highly likely that they will not keep their part of the agreement and pay you on time.

Astrid


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Tatiana Neamţu
Romania
Local time: 12:37
English to Romanian
+ ...
TOPIC STARTER
My point exactly ... Jan 25, 2007

I am not afraid that I won't comply with my part. It's their way f putting it that annoys me.
Thank you for your help. I just needed some encouragement. I decided to let them know that that is not something I can accept. If they remove or rephrase it I'll think again ...

After reading the agreement even closer I've found out other aspects as well (please bear with me since my experience in agreements is not extended):

1: The guaratee for the provided services is of 24 months. I have heard of days, but 2 years ......

2: Should the Beneficiary be accused by a third party of having broken the property rights, the Service Provider (me again) is bound to free the Beneficiary from any liability, upon its express wirtten notification. - in my opinion this does not refer only to the translation itself, but to the entire material (source and target). Am I right? Even if I am not, is this not too vague?

3. The Service Provider binds him/herself to inform the Beneficiary of any unavailability (holiday, illness, other events) within due time. Ok, about the holiday I can. But illness and other events is almost impossible to decide now that I shall be ill in 20 days.

Am I too paranoid?

Thank you for your patience

[Editat la 2007-01-25 20:01]


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lexical  Identity Verified
Spain
Local time: 11:37
Portuguese to English
No, no, no... Jan 25, 2007

I agree with Astrid - please do not sign it, however much you want the work. At the very least it shows bad faith on the part of the agency.

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xxxIreneN
United States
Local time: 04:37
English to Russian
+ ...
Steer clear! Jan 25, 2007

Do not even bother to negotiate and do not trust them even if they offer to delete the quoted language from your contract after you decline the first revision. They are crooks!

I'd mark their email as Spam immediately.


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Tatiana Neamţu
Romania
Local time: 12:37
English to Romanian
+ ...
TOPIC STARTER
I shall do that Jan 25, 2007

Thank you for all your helpful answers.

I don't know how this works, because I see it as "still not allowed, needing approval", but have you also seen my second post and modifications to it?

Have a nice evening.
Thank you!


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Astrid Elke Witte  Identity Verified
Germany
Local time: 11:37
Member (2002)
German to English
+ ...
Just for clarification Jan 25, 2007

The place for filing such terms and conditions is in the waste paper bin.

And by the way, concerning the matter of "guaranteeing" a translation for 2 years:

You would not produce the same translation in two years' time, regardless of your experience. I have discovered by now that, since language is rapidly changing all the time, we are becoming more and more subject to using the latest trendy words in our translations. That accounts for quite a number of Kudoz questions, and this is noticeable: "Oh, I came across that term for the first time last week, as well!", from somebody who does not lack years of experience. Therefore today's translation will probably be out of date in two years' time.

Astrid


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Ken Cox  Identity Verified
Local time: 11:37
German to English
+ ...
I wouldn't sign Jan 26, 2007

This sounds like the agency has simply copied the terms and conditions of its agreement with its client to its (would-be) agreement with its providers (translators), which neatly enables it to avoid assuming any risk (at least in principle). This is IMHO a sign of an agency that at minimum doesn't understand its legal and moral obligations as a business enterprise and probably tries to cut costs on legal services.

I wouldn't sign. The proposed penalty bears no reasonable relationship to your potential benefits unless you do an enormous amount of business with the agency.


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ViktoriaG  Identity Verified
Canada
Local time: 05:37
English to French
+ ...
All I have to say is... Jan 27, 2007

...these people would treat you worse than an employee. They are already treating you like The Enemy, with capitals.

I would give them a humourous response to this. Alright, I'll sign it, but with such terms and conditions, I'll have to ask for the money up front and the copyright of the translation is MINE alone. How 'bout that - you still wanna?


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Tatiana Neamţu
Romania
Local time: 12:37
English to Romanian
+ ...
TOPIC STARTER
Thank you ... Jan 29, 2007

... all for your answers and points of view. They've been very helpful to me. If anyone wishes to know: I didn't sign. I explained why, they explained back their point of view. I didn't agree, because it was more of a reiteration and I refused to sign. They haven't contacted me since. And I suppose they never shall.


Tatiana

[Subject edited by staff or moderator 2007-01-29 19:24]


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