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Poll: Do you send your Terms and Conditions to every new client?
Thread poster: ProZ.com Staff
Nigel Wheatley
Nigel Wheatley  Identity Verified
United Kingdom
Local time: 12:13
French to English
+ ...
In memoriam
It depends on the client Nov 26, 2011

but I'm trying to do it more systematically, as I try to bring my working methods in line with EN 15083.

My main worry is that potential clients may not realise that some of my T&Cs are actually negotiable, and that others are there to protect the client as much as me (formalization of copyright assignment, a requirement of UK copyright law).

I'm usually happy to accept a client's T&
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but I'm trying to do it more systematically, as I try to bring my working methods in line with EN 15083.

My main worry is that potential clients may not realise that some of my T&Cs are actually negotiable, and that others are there to protect the client as much as me (formalization of copyright assignment, a requirement of UK copyright law).

I'm usually happy to accept a client's T&Cs, and I often work under the T&Cs recommended by the Société française des Traducteurs for French clients. But JulianHolmes above makes a very pertinent point:
If the client doesn't have their own T&C's, as a translator at least you must.

Or, as section 4.4 of EN 15083 puts it:
For the execution of the order, the service provider enters into an appropriate, documented agreement with the client.


Another reason for drawing up T&Cs, even if I don't always use my own, is that it forced me to actually think about what was a reasonable client-provider relationship, rather than just assuming that the client will be someone like me who thinks in roughly in the same way as me. Having thought through the various aspects of the T&Cs has made me more confident in negotiating my way through troubles with clients (which will always happen sometimes) without the need to get lawyers or debt collectors involved (yet!)

[Edited at 2011-11-26 02:18 GMT]
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Nigel Wheatley
Nigel Wheatley  Identity Verified
United Kingdom
Local time: 12:13
French to English
+ ...
In memoriam
T&Cs under English law Nov 26, 2011

Recommended Model General Terms of Business for commissioned Translation Work from the UK Institute of Translation & Interpreting (ITI). This document also includes a 'clear-English' explanation of most of the terms (or why they are included, at least).

 
Catharine Cellier-Smart
Catharine Cellier-Smart  Identity Verified
Reunion
Local time: 15:13
French to English
+ ...
What surprised me Nov 26, 2011

What surprised me is to see that over half of people who replied to the poll (so far) said they didn't have T&C.

 
Isabelle F. BRUCHER (X)
Isabelle F. BRUCHER (X)  Identity Verified
Belgium
Local time: 13:13
English to French
+ ...
Try to negotiate your conditions with intermediaries but aim at direct customers. Nov 26, 2011

This is the link to the General Terms and Conditions recommended by the French SFT (Société française des Traducteurs): http://www.sft.fr/cgps-de-traduction-sft.html

They used to have a link to a pdf file which was the translation of this into English, with a few words missing toward the end of clause 2, though, and clauses 13 and 15 had to be adapted to each translator's cou
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This is the link to the General Terms and Conditions recommended by the French SFT (Société française des Traducteurs): http://www.sft.fr/cgps-de-traduction-sft.html

They used to have a link to a pdf file which was the translation of this into English, with a few words missing toward the end of clause 2, though, and clauses 13 and 15 had to be adapted to each translator's country (author's rights and competent jurisdictions in case of a serious litigation).

As many translators expressed it above, large agencies already have their own General Terms and Conditions and will not accept yours, but honest ones will at least tell you that in case your conditions conflict with theirs, this can be negotiated.

Of course they are not going to offer you 50% of the pay for the remaining order if it is cancelled in the middle of the way: the translator has to insist on it, more or less fiercely according to his/her willingness to work with that intermediary at all costs or not.

Of course, they are not going to offer you a 30-day payment delay if they impose 60 days or even more.

Of course, they are not going to offer you the fact that after 10 working days, your translation should be considered as accepted and payable. They are not going to put that sort of pressure upon themselves, unless you insist, and even if you insist...

As the Belgian Chamber of Translators put it, the best customers are direct customers. Intermediaries will always try to get rich on the translator's back. That's life...

To me, intermediaries are only good for beginners (who are a higher risk for the customer also, so this is sort of fair).

To me, the only customer is the end-customer. The rest is intermediaries who try to get rich on your back.

I wish there were more end-customers offering work on proz.com.

Intermediaries are not really customers, they are just vultures to me... Predators, if you'd like. Keep away from them after a while... And do impose your own terms and conditions. Each country's chamber or syndicate for translators has its own on the Internet, I should think!
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Poll: Do you send your Terms and Conditions to every new client?






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