Model Contract for Freelance Translators
Thread poster: BelkisDV

BelkisDV  Identity Verified
United States
Local time: 04:46
Spanish to English
+ ...
Jul 23, 2002

Dear All,


I remember reading a posting somewhere where someone asked for a Model Contrat for translators. Being a member of the American Translators Association I have access to theirs, which is also accessible to anyone else from their home page.


Below you will find an \"adapted\" copy of it which I trust you will find useful. Remember that you can make changes to it according to your various needs, of course.




Model Contract for Translators


TRANSLATION AGREEMENT


Date of this Agreement: _______________________________________


___________________________ of _______________________________ (\"Translator\")

Translator\'s Name Translator\'s Address


and


__________________________ of __________________________________(\"Client\")

Client\'s Name Client\'s Address




hereby agree as follows:


1. Description of services. Translator, as an independent contractor, will provide the following service(s) [Identify item(s) to be translated and the particular service(s) to be performed]:


_________________________________________________________________


_________________________________________________________________


_________________________________________________________________


Scheduled completion date is: _________________________


Translator shall make every effort to complete service(s) by the above date but shall not be responsible for delays in completion caused by events beyond Translator\'s control.


Method of delivery: ___________________________


Format of delivery: ___________________________


2. Fee for services. Client agrees to pay $ ____________ as Translator\'s fee for the above service(s). Payment is due as follows:


__________________________________________________________________


__________________________________________________________________


The due dates for payment of fees and costs under this Agreement shall be the date(s) specified in this Agreement, provided that if no date is specified, the due date shall be the date of Translator\'s billing for the fees or costs. Any payments for fees or costs not received by Translator within _______ days of the due date will be deemed late and shall be subject to a ________% per month late charge. Client agrees to be responsible for Translator\'s costs in collecting late payments due from Client, including reasonable attorneys\' fees.


3. Cancellation or withdrawal by Client. If Client cancels or withdraws any portion of the item(s) described in paragraph 1 above prior to Translator\'s completion of the service(s), then, in consideration of Translator\'s scheduling and/or performing said service(s) Client shall pay Translator the portion of the above fee represented by the percentage of total service(s) performed, but in any event not less than _____% of said fee.


4. Additional fees. Additional fees will be payable, to be calculated as provided below, in the event the following additional services are required: (a) investigation, inquiry, or research beyond that normal to a routine translation is required because of ambiguities in the item(s) to be translated; (b) additional services are required because Client makes changes in the item(s) to be translated after the signing of this Agreement; and (c) Translator is requested to make changes in the translation after delivery of the translation, because of Client\'s preferences as to style or vocabulary, and such changes are not required for accuracy. Such additional fees will be calculated as follows:


__________________________________________________________________


__________________________________________________________________


5. Additional costs. Client shall reimburse Translator for necessary out-of-pocket expenses incurred by Translator that are not a normal part of routine translation procedure, such as overnight document delivery service requested by Client, long distance telephone and telefax expenses to clarify document ambiguity, etc.


6. Client\'s review of translation. Upon receipt of the translation from Translator, Client shall promptly review it, and within 30 days after receipt shall notify Translator of any requested corrections or changes. Translator shall correct, at no cost to Client, any errors made by Translator.


7. Confidentiality. All knowledge and information expressly identified by Client in writing as confidential which Translator acquires during the term of this Agreement regarding the business and products of Client shall be maintained in confidentiality by Translator and, except as expressly authorized by Client in writing, shall not be divulged or published by Translator and shall not be authorized by Translator to be divulged or published by others. Confidential information for purposes of this paragraph shall not include the following:


a. Information which is or becomes available to the general public, provided the disclosure of such information did not result from a breach by Translator of this paragraph.


b. Terminological glossary entries compiled by Translator in the course of Translator\'s performance of the translation service(s) under this Agreement; provided, however, that Client and Translator may agree in writing that, upon payment by Client to Translator of an agreed-upon fee, such terminological glossary entries shall be the property of Client and shall be covered by the confidentiality provisions of this paragraph.


8. Translation is property of client, copyright. Upon Client\'s completion of all payments provided herein, the translation of the item(s) described in paragraph 1 above shall be the property of Client. Translator has no obligation to take any steps to protect any copyright, trademark or other right of Client with respect to the translation, except as may be expressly otherwise provided in this Agreement. Notwithstanding the foregoing, Translator shall have the right to retain file copies of the item(s) to be translated and of the translation, subject to the provisions of paragraph 7 above.


9. Indemnification and hold-harmless by Client. Client agrees to indemnify and hold Translator harmless from any and all losses, claims, damages, expenses or liabilities (including reasonable attorneys\' fees) which Translator may incur based on information, representations, reports, data or product specifications furnished, prepared or approved by Client for use by Translator in the work performed under this Agreement.


10. Changes by others. Translator shall have no responsibility whatever as to any changes in the translation made by persons other than Translator.


11. Governing law. This Agreement shall be governed by the laws of the State of _____________________.


12. Additional provisions. [Add all additional provisions required by the parties.]


__________________________________________________________________


__________________________________________________________________


__________________________________________________________________


__________________________________________________________________


__________________________________________________________________


13. Complete agreement. This is the complete agreement of the parties as to the subject matter hereof. Any changes in this Agreement must be in writing signed by both parties. This Agreement becomes a binding contract only upon signature by both parties and the delivery of fully signed copies to each party.


Translator: _______________________________



Client: ___________________________________




___________________________________________________________

Traslator- July 1991 ed.


IMPORTANT NOTICE


THIS CONTRACT FORM OR GUIDE IS GENERAL IN NATURE AND IS NOT INTENDED TO PRESCRIBE THE USE OF ANY TERMS AND CONDITIONS HEREIN. THE ISSUANCE OF THIS FORM DOES NOT RESTRICT IN ANY RESPECT ANY MEMBER OR NON-MEMBER FROM CONTRACTING FOR SERVICE ON TERMS AND CONDITIONS DIFFERENT FROM THOSE SET FORTH HEREIN. THE USE OF ANY PORTION OF THIS FORM OF AGREEMENT IS STRICTLY VOLUNTARY, AND IS THE SOLE RESPONSIBILITY OF THE CONTRACTING PARTIES.


NEITHER THE TRANSLATOR NOR HIS/HER ASSOCIATES ASSUME ANY RESPONSIBILITY OR LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, WITH RESPECT TO THE USE OF THIS CONTRACT FORM. THE TRANSLATOR AND/OR HIS/HER ASSOCIATES MAKE NO WARRANTY, EXPRESSED OR IMPLIED, WITH REGARD TO THE LEGALITY OR ENFORCEABILITY OF THIS FORM OF AGREEMENT.



Best Regards to all,

Belkis






 

Henry Dotterer
Local time: 04:46
SITE FOUNDER
Thanks, Belkis Jul 24, 2002

It would be great if more people made use of this sort of agreement...

 

Rafa Lombardino
United States
Local time: 01:46
Member (2005)
English to Portuguese
+ ...
That's really useful Jul 24, 2002

I\'ll start using this contract from now on \'cause I\'m really bothered with what has happened not so long ago.


After finishing four book translations (two for a publishing company and other two for a private client) I haven\'t been paid yet. That\'s really frustrating, since I\'ve spent hours and hours of sleep working very hard to earn my money honestly and pay for college. I\'m not sure if you\'re aware of the fact that education here in Brazil is really expensive... So, it\'s been a little hard for me to juggle with lots of things at the same time and not getting anything back: finishing an expensive Journalism college in Brazil and having to write a book in order to get a degree; working as a Journalist trainee for a social project that teaches young teenagers what citizenship is all about; translating books during my \"free\" time get my bills paid, and being away from my husband, who\'s waiting for me in SD.


I know this is not the proper place to let things out this way, specially to people that probably work harder than I do, but if this message ever gets posted, I\'d like to know if someone can help me out finding a way to get the money I\'ve worked for. Do you think a contract is gonna make these people look at the kind of work we do in a more serious way? Taking people to court really works? So far it hasn\'t, since the publishing house has been prosecuted and still owe me about USD 1,8...


Sorry for this outporing of complaints, but I\'d really like to hear a word from someone more experienced in this business and that has dealt with these problems.


thanks


Galatea Maman
 

Elvira Stoianov  Identity Verified
Luxembourg
Local time: 10:46
German to Romanian
+ ...
thanks a lot Jul 24, 2002

I think it was me who asked for the contract

 

Nikita Kobrin  Identity Verified
Lithuania
Local time: 11:46
English to Russian
+ ...
Very useful indeed Jul 24, 2002

I\'m also very grateful to you, Belkis. All such postings are of major importance as many of us have no idea how all these documents should look like.


And can anybody provide models of the documents used by Freelance Translators and called PURCHASE ORDER and INVOICE?


Thanx in advance,

Nikita

[ This Message was edited by: on 2002-07-24 11:31 ]


 

BelkisDV  Identity Verified
United States
Local time: 04:46
Spanish to English
+ ...
TOPIC STARTER
To Nikita Jul 24, 2002

Regarding the INVOICE and PURCHASE orders format, if you use Word to translate your documents it has already made \"templates\" for these two forms.


I use Word 97\', I could not find the \"wizzards\" in the Windows Millenium edition. Perhaps someone else can tell you how to find it.


If you have Word 97\' Go to File, New and select Wizzards. It will show you a set of forms (resume, invoices, faxes, letterhead, etc.) that you can use to create your own forms. Just follow the instructions on the screen.


Good luck and regards,

Belkis


 

Nikita Kobrin  Identity Verified
Lithuania
Local time: 11:46
English to Russian
+ ...
INVOICE and PURCHASE ODER Jul 24, 2002

Quote:


On 2002-07-24 16:06, BelkisDV wrote:

Regarding the INVOICE and PURCHASE orders format, if you use Word to translate your documents it has already made \"templates\" for these two forms.


If you have Word 97\' Go to File, New and select Wizzards. It will show you a set of forms (resume, invoices, faxes, letterhead, etc.) that you can use to create your own forms. Just follow the instructions on the screen.


Good luck and regards,

Belkis




Thanx Belkis,


But I haven\'t managed to find the mentioned templates in my Word \'97. There\'re many templates there but not of the documents we\'re speaking about.


Regards,

Nikita


[ This Message was edited by: on 2002-07-24 17:40 ]


 

Ebru Inhan
Local time: 12:46
Turkish to English
+ ...
PURCHASE ORDER Jul 25, 2002

A purchase Order may contain the following items and may be arranged as :


(Company Info)

T R A N S L A T I O N A G R E E M E NT

Order number: :

Creditor number: :

Date: :

Name: :

Attn..: :

Address :

Postcode , City: :

Telephone: :

Fax: :

E-mail: :

Language: :

Certified: :

Target :

Rate per item:

Item: :

No. of items: :

Fee: :

Deadline :

Delivery: :

File name:

Project Manager:

Note / Layout: :


I hope it helps

Ebru


 

Ebru Inhan
Local time: 12:46
Turkish to English
+ ...
SAMPLE INVOICE Jul 25, 2002

Of course you should arrange the invoice in an appropriate format like with tables, etc.


INVOICE NO. :

Date: _____________

ISSUED BY:

_______________

ADDRESS

_________________

_________________


TO:

(Company Name, Address, Phone, Tax Office,etc.)


Order no. :

Words :

Rate/word Amount:


Total:


PAYABLE TO:

________________

Bank name:

Bank address:

Acc. no.:

SWIFT:

_________________________

Issuer’s signature




 

Ebru Inhan
Local time: 12:46
Turkish to English
+ ...
SAMPLE INVOICE Jul 25, 2002

You can also find templates in the following adress http://search.officeupdate.microsoft.com/TemplateGallery/


Best regards

Ebru


 

Nikita Kobrin  Identity Verified
Lithuania
Local time: 11:46
English to Russian
+ ...
Dear Ebru Jul 27, 2002

Thank you very much indeed for the samples and link.


Now I do know what to expect from my clients (in terms of documents) and what they expect from me.


Cheers,

Nikita


 

Tirzah (X)

Local time: 17:46
French to English
+ ...
Thank you Dec 22, 2016

Very useful resource. Thanks so much for sharing!

 

Teresa Cuervo
Local time: 04:46
Spanish to English
+ ...
Translator Contract May 12

This is very useful. However, is this a standard contract or is this a contract from a specific company? I would like to borrow as an example for my own.

Many thanks.


 


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Model Contract for Freelance Translators

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