Poll: Do clients usually request that you sign a collaboration agreement with them?
Thread poster: ProZ.com Staff
ProZ.com Staff
Local time: 15:50
SITE STAFF
Dec 31, 2013

This forum topic is for the discussion of the poll question "Do clients usually request that you sign a collaboration agreement with them?".

This poll was originally submitted by Barbara Toffolon. View the poll results »



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Michael Harris  Identity Verified
Germany
Local time: 00:50
Member (2006)
German to English
Yes, sometimes Dec 31, 2013

Just general paperwork though.

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dianaft  Identity Verified
United Kingdom
Local time: 23:50
Member (2013)
German to English
+ ...
How do you define "collaboration agreement"? Dec 31, 2013

NDA is standard, though some direct clients don't ask for it. Sometimes because they don't think abut it, sometimes because the nature of the work doesn't require it.

Agency contracts tend to include some general rules to conduct and quality.

So far, I have only come across 2 more extensive contracts that explicitly state things like not using MT, not copying and pasting stuff from the internet, not subcontracting assignments, proofreading work before handing it in etc.

With some regular direct clients, I have agreed terms with respect to order volumes etc.

There are different types of agreements with specific clients, such as deleting any related documents and TMs after an assignment, when to work on non-editable images etc etc. These are not necessarily signed, but I believe the email exchange is an agreement in itself.

Do we not agree the terms on which we work with every assignment and is this not a collaboration agreement? Does the physical signature change what has been agreed expressly or implicitly? Is not the offer and acceptance contained in the email negotiations already a contract, or "collaboration agreement"?


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Teresa Borges
Portugal
Local time: 23:50
Member (2007)
English to Portuguese
+ ...
Ditto Dec 31, 2013

Michael Harris wrote:

Just general paperwork though.


I might add that the principle of asking for a collaboration contract or a non-disclosure agreement is a rather recent phenomenon (last 10 years?)…


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Julian Holmes  Identity Verified
Japan
Local time: 07:50
Member (2011)
Japanese to English
Yes, always Dec 31, 2013

If 'collaboration agreement' here is referring to something like a 'vendor agreement' that clearly defines the scope of responsibilities of both parties, payment terms and condtitions, etc. A resounding yes!

This is very important for both the customer/client and translator since it lays down the 'rules of engagement' on the playing field. If there's any dispute, then there's something for both parties to go back and refer to. From personal experience, if an agreement is not in place for you the translator to look over and sign, then this will leave you open to all sorts of abuse.

Of course, if you don't like the 'tone of their voice' i.e. the terms of the agreement, then you don't have to sign the thing or you can negotiate and ask the customer/client to rework the wording.

Funny poll topic to end the year on (was expecting some 'light entertainment'), but wishing you all a happy and prosperous 2014!


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Mario Chavez  Identity Verified
Local time: 18:50
English to Spanish
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And the prize for stating the obvious goes to... Dec 31, 2013

dianaft wrote:
Do we not agree the terms on which we work with every assignment and is this not a collaboration agreement? Does the physical signature change what has been agreed expressly or implicitly? Is not the offer and acceptance contained in the email negotiations already a contract, or "collaboration agreement"?


this poll's author.

What the hay is a collaboration agreement? Just another buzzword or a regional term to designate an agreement between two parties, one requesting professional services and the other providing them?

It would help if the poll facility allow for a description or for details concerning the question. Some questions are geographically oriented; for example, a Moneybookers-related question is completely irrelevant to a translator living in the USA. But a Paypal-related question is more, say, universal in nature.


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Muriel Vasconcellos  Identity Verified
United States
Local time: 15:50
Member (2003)
Spanish to English
+ ...
Almost all of them Dec 31, 2013

I mainly work for international organizations, and they all have contracts and other paperwork, and most of the agencies I work for also require an agreement. Some of them organizations are worse than the agencies. A few agencies only send purchase orders. Of course, private individuals don't ask for this kind of paperwork, but then they aren't usually regular clients.

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Thayenga  Identity Verified
Germany
Local time: 00:50
Member (2009)
English to German
+ ...
Yes, sometimes Dec 31, 2013

Mainly NDA's. In 2 cases a contract of several pages was signed by both parties.

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Doan Quang  Identity Verified
Vietnam
Local time: 05:50
Member
English to Vietnamese
No, never Dec 31, 2013

No, never other than the NDAs

[Edited at 2013-12-31 15:25 GMT]


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neilmac  Identity Verified
Spain
Local time: 00:50
Spanish to English
+ ...
Other Dec 31, 2013

Hardly ever. Most of my clients are direct, not agencies. Collaboration agreements are more likely to come from the latter.
I'm really quite informal about this kind of thing and tend to view contracts and written agreements as a sort of last resort.


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