Poll: Do you thoroughly review a client's contract terms before accepting work from them? Autor de la hebra: ProZ.com Staff
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This forum topic is for the discussion of the poll question "Do you thoroughly review a client's contract terms before accepting work from them?".
This poll was originally submitted by Helena Grahn. View the poll results »
| | | | neilmac
España
Local time: 12:40
español al inglés
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| David Wright 
Austria
Local time: 12:40
alemán al inglés
+ ...
"You do the translation by yyy, we'll pay you xxx" is about the only contractual terms I ever seem to get. Doesn't really warrant a thorough review.
| | | | | Other way around | Dec 18, 2014 |
David Wright wrote:
"You do the translation by yyy, we'll pay you xxx" is about the only contractual terms I ever seem to get. Doesn't really warrant a thorough review.
We prefer "We do the translation by yyy, and you pay xxx"...
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| Trust but verify! | Dec 18, 2014 |
I almost always get a contract or a purchase order, even for the smallest jobs. I check the rate, the word count, and the due date very carefully. Sometimes I find that the word count is way off or that they've tried to reduce my rate.
It has also happened (in the past) that I started working on a job and then it was canceled. So I think it's very important to document the terms every time and make sure that both sides are in agreement.
| | | | | Yes, always! | Dec 18, 2014 |
I never sign a contract without reading it very carefully and once or twice I even asked my attorney to look it over first…
| | | | 564354352 (X)
Dinamarca
Local time: 12:40
danés al inglés
+ ...
I prefer to work with clients who I trust and who trust me, which means that we can keep 'paperwork' to an absolute minimum, sort of:
Client: Can you do this job by xx date?
Gitte: Yes/no (as the case may be).
In rare cases:
Client: Can you do this job by xx date? If so, what will your price be?
Gitte: Yes/no (as the case may be). The price will be xx.
I'm a no fuss girl...
| | | | Tim Drayton
Chipre
Local time: 13:40
turco al inglés
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| Yes, always ... | Dec 18, 2014 |
... if they have them, although all of my best clients just seem to send work to me and we both understand full well what is expected without anything ever being set out in writing. On the other hand, agencies that send me multi-page agreements to read and sign (which I do) mostly never send any work after that.
[Edited at 2014-12-18 09:15 GMT]
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Yes, I certainly do check the terms of any "contract". As others have said, the contract usually consists of the purchase order and/or emails confirming the terms we have agreed on before I start work. If there is any discrepancy, I point it out before starting work and make sure to establish our agreement in writing - on the understanding that emails and purchase orders count as contracts.
| | | | | I do check, but it is not always a big contract | Dec 18, 2014 |
Many of my jobs are only a page or two, so if I have exchanged mails with the client agreeing on a deadline and a rate, there is not so much time for lots of paperwork.
I check out potential new clients. Most of them are absolutely fine, and the risk is comparatively small.
If they do send NDAs and paperwork, I read every word, and cross out anything unreasonable and consider whether I want to work for them at all. Then I only sign if we agree on the terms.
... See more Many of my jobs are only a page or two, so if I have exchanged mails with the client agreeing on a deadline and a rate, there is not so much time for lots of paperwork.
I check out potential new clients. Most of them are absolutely fine, and the risk is comparatively small.
If they do send NDAs and paperwork, I read every word, and cross out anything unreasonable and consider whether I want to work for them at all. Then I only sign if we agree on the terms.
I dropped one client recently because they suddenly sent an updated NDA and said I must never discuss their rates with anyone at all... That was not the only issue - I have 'not had time for them' all this year, but it was the last straw!
[Edited at 2014-12-18 14:32 GMT] ▲ Collapse
| | | | Julian Holmes
Japón
Local time: 20:40
Miembro 2011
japonés al inglés
I once found a clause in one particular contract that went along the following lines:
"The translator shall forfeit 100% of the translation fee if it is found that the delivered translation does not satisfy 99.7% of the in-house quality control standard."
I asked them about this "standard" of theirs. In a nutshell, it was basically left up to the discretion of an outside contracted freelancer, i.e. not 'in-house'. This company was based in Japan, run by Chinese a... See more I once found a clause in one particular contract that went along the following lines:
"The translator shall forfeit 100% of the translation fee if it is found that the delivered translation does not satisfy 99.7% of the in-house quality control standard."
I asked them about this "standard" of theirs. In a nutshell, it was basically left up to the discretion of an outside contracted freelancer, i.e. not 'in-house'. This company was based in Japan, run by Chinese and had no native English-speaking employees who could evaluate quality. Recipe for disaster!
So, I always read contracts. And, always expect to find the unexpected - there are people out there who are not 'gentlemen.' Unfortunately, from past experience, a nod and a wink is just not good enough these days.  ▲ Collapse
| | | | Alison Sabedoria (X)
Reino Unido
francés al inglés
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| Other: I'd probably bin it... | Dec 18, 2014 |
...unless it was from a publisher for a literary translation, in which case I would read every word (several times!) and would probably want to query or negotiate points here and there. I might even get legal advice before signing. Then I'd open the champagne.
Of course, any agreement, however informal, can constitute a "contract" for legal purposes: a simple exchange of clear emails is normally enough.
As a professional service provider, like any other kind of vendor,... See more ...unless it was from a publisher for a literary translation, in which case I would read every word (several times!) and would probably want to query or negotiate points here and there. I might even get legal advice before signing. Then I'd open the champagne.
Of course, any agreement, however informal, can constitute a "contract" for legal purposes: a simple exchange of clear emails is normally enough.
As a professional service provider, like any other kind of vendor, I have my own Terms and Conditions. These normally apply and are there to protect the interests of both parties. Some agencies don't like this and prefer to treat "their" translators like outworkers rather than freelancers. I only work with clients who understand about trust and mutual respect.
I always read NDAs thoroughly, but have never encountered a problem with one. ▲ Collapse
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Mario Chavez (X)
Local time: 06:40
inglés al español
+ ...
| Contracts and agreements, short and long | Dec 18, 2014 |
In my experience, most of my longtime clients don't ask me to sign NDAs or contracts, unless their client so requires (the NDA or nondisclosure agreement).
The longer or wordier a contract or agreement is, the more suspicious I become because chances are I'll find some punitive clause slanted in favor of the company and detrimental to myself.
Whenever I find such a punitive clause, I don't sign the agreement. Instead, I send it back to the prospective customer with my ... See more In my experience, most of my longtime clients don't ask me to sign NDAs or contracts, unless their client so requires (the NDA or nondisclosure agreement).
The longer or wordier a contract or agreement is, the more suspicious I become because chances are I'll find some punitive clause slanted in favor of the company and detrimental to myself.
Whenever I find such a punitive clause, I don't sign the agreement. Instead, I send it back to the prospective customer with my revised version of the offending clause, or I just strike it out. 2 out of 3 times the client accepts my amended agreement and we happily start working together.
I exhibit a natural distrust towards organizations that send me thick agreements to sign. Unless it's an employer or a telework contract for which we have already agreed on an hourly pay or such other compensation, I tend to ignore or contest such contracts without fuss. ▲ Collapse
| | | | | an assumption is being made | Dec 19, 2014 |
If there are going to be terms, they are set out by both parties, especially by the seller of services. Some clients, especially agencies, do seem to think that it is their role to impose terms and conditions - but that is a mistake on their part. If such terms are presented, then of course those terms should be reviewed. In my experience, such contracts are rare among my customers.
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