Payment : Ignored
Thread poster: Ramesh Kulandaivelu

Ramesh Kulandaivelu  Identity Verified
India
Local time: 08:52
Member
English to Tamil
+ ...
Nov 21, 2012

One of my client didn't responded me for a so many days and I contacted proz.com for seeking support. I forwarded some of the mails sent by them pertaining to payment. Now they claim that it is a act of violation of NDA. They contacted me back, only after they got the warning from the Proz.com. Still they are trying to ignore me stating that I have violated the NDA. Do you agree with this?!

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Andy Lemminger  Identity Verified
Canada
Local time: 20:22
Member (2002)
English to German
Disagree Nov 21, 2012

If you haven't violated their NDA I think it's time to start a lawsuit.

Even if you violated it, they have to answer your inquiries and explain what's going on.

Such issues are very annoying and I hope that you can get it sorted out.

Good luck

Andy
www.interlations.com


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Paula Hernández
United Kingdom
Local time: 03:22
English to Spanish
+ ...
So, according to them Nov 21, 2012

If instead you had contacted an attorney, you would have violated their NDA?
That is just stupid and they are trying to avoid paying you.


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Ramesh Kulandaivelu  Identity Verified
India
Local time: 08:52
Member
English to Tamil
+ ...
TOPIC STARTER
Well Said Nov 21, 2012

They still trying to avoid making payment and asking me to remove all the entries i made in proz.com about the non-payment.

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Ramesh Kulandaivelu  Identity Verified
India
Local time: 08:52
Member
English to Tamil
+ ...
TOPIC STARTER
Need to be careful with them. Nov 21, 2012

Hereafter it is better to send the invoice thru proz.com, so that they cannot escape stating that they didn't receive the invoice at all.

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Tina Vonhof  Identity Verified
Canada
Local time: 20:22
Member (2006)
Dutch to English
+ ...
NDA Nov 21, 2012

As far as I know, the NDA refers to the content of the translations you do and any information you may have about the end client, not to your dealings with the agency.

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Ramesh Kulandaivelu  Identity Verified
India
Local time: 08:52
Member
English to Tamil
+ ...
TOPIC STARTER
thank you Nov 21, 2012

thank you for the insight Tina

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Khwansuree DEROLLEPOT  Identity Verified
France
Local time: 04:22
Member (2012)
English to Thai
+ ...
Don't remove your BB entries and wiat for the payment Nov 22, 2012

I have read about many colleagues who got paid just not long after their report of non-payment: check this thread:
Ever sent the non-payment report to ProZ? http://www.proz.com/forum/money_matters/237110-ever_sent_a_non_payment_report_to_proz.html
A bad blue board is really annoying for an agencies because the freelancers will not trust them and will ask for more guarantee such as payments in advance, I think you have quite a powerful too here, don't remove your BB entries until they pay!

I, too, started sending invoice via ProZ.com not long ago, I really hope this will help.


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Khwansuree DEROLLEPOT  Identity Verified
France
Local time: 04:22
Member (2012)
English to Thai
+ ...
*powerful tool Nov 22, 2012

*powerful tool
I really need to revise my posts...


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Thayenga  Identity Verified
Germany
Local time: 04:22
Member (2009)
English to German
+ ...
They are the ones violating... Nov 22, 2012

Paula Hernández wrote:

If instead you had contacted an attorney, you would have violated their NDA?
That is just stupid and they are trying to avoid paying you.


I fully agree with Paula.

When your client refuses the agreed upon payment, and you have delivered high quality work (which you must have, since they don't claim any quality issues in justification for not paying you), then what do they expect you to do? Hold still while they enjoy the free loan you've "granted" them? No way.

Disclosing information in regard to a refusal to pay is legal. After all, had they paid you on time and in accordance with your contract, there would have been no need at all for you to contact ProZ.com.

And yes, just because they will pay you, hopefully soon, is no reason to remove a negative BB entry, because the fact that they refused to pay you still remains.

Good luck!


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Paula Hernández
United Kingdom
Local time: 03:22
English to Spanish
+ ...
Another point Nov 22, 2012

I would tell the agency that I will contact the end client and forbid them from using my translation, and actually contact the client and let them know that I have not been paid so they have no right to my work!

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Robin Salmon  Identity Verified
Australia
Local time: 13:22
German to English
+ ...
Not so sure about contacting end client Nov 22, 2012

Paula Hernández wrote:

I would tell the agency that I will contact the end client and forbid them from using my translation, and actually contact the client and let them know that I have not been paid so they have no right to my work!


I fully support what people say but Ramesh may have also agreed not to contact the end client - there is often a clause in the NDA to that effect. Then he would have played right into their hands!


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Paula Hernández
United Kingdom
Local time: 03:22
English to Spanish
+ ...
I wouldn't normally Nov 22, 2012

Robin Salmon wrote:

Paula Hernández wrote:

I would tell the agency that I will contact the end client and forbid them from using my translation, and actually contact the client and let them know that I have not been paid so they have no right to my work!


I fully support what people say but Ramesh may have also agreed not to contact the end client - there is often a clause in the NDA to that effect. Then he would have played right into their hands!


I agree with you, but if the agency does not pay for your work, the end client has no right to the translation.


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