Make sure you understand your rights as a translator and that your translation contract unequivocally underlines them. The problem with this contract is that it treats human error as a capital crime. I am a translation company manager. Our trial avoids the need for such sanctions. After all, our translators are our business partners, as we are. We aspire to a relationship of mutual respect. Our translators start with small projects and, as they demonstrate their know-how and professionalism, the proposed projects have multiplied. We believe in communication and coordination of projects. This agency clearly prefers to work with mediocre translators and does not bother to improve its own procedures.
The fines proposed here suggest that they would accept many errors (and pay someone in their own country to remedy them) rather than create a system in which fines would be a measure to improve the quality of contract work. $0.25 per word of error is too high to mean anything other than someone`s salary for translation. While some performance guarantees may be necessary in some cases, sanctions should be taken both ways, i.e. the Agency should not give the right word when I need it… Never sign such a contract. As a translator, you have certain rights in accordance with UNESCO`s recommendation on the legal protection of translators and translations and practical ways to improve the status of translators. The non-contact clause at the end of paragraph 3 goes too far for me, but I am not sure it is unfair. An independent who feels obliged to work with this particular agency could propose a counter-clause that the Agency would agree to compensate the freelancer for damages resulting from the non-disclosure of questions and concerns from translators to translators. Knowing some agency owners, I imagine they choose to use such a clause to prevent inexperienced independents from harassing their favorite clients and trying to prevent their star freelancers (or employees) from being poached. But if I had an agency, I would expect to avoid inexperienced freelancers and treat my stars well enough not to have to put in place an embargo around my clients.
Is there, as in the case of political embargoes, a way of knowing how effective such clauses are in the context of translation, if any? Are contracts in any other way ever friendly and fair? The wording here is similar to what I have seen of non-compete clauses for executives, research and development whizzes, etc., when five years seem exaggerated. If you become independent translation, you need to find a way to let your customers know what they can expect from you. If free-lance gigs are your business, then you need some kind of formal agreement or contract to protect yourself, and to some extent to protect your customers. The reason we say you need to protect your client is that if you have a contract and the customer understands that their interests are also protected, you will have no problem if you ask customers to sign your contract. Below, we have listed our simple guide to creating an independent employment contract. Once you have created the model of your contract, it will be very easy to adapt it to other liberal tasks. 3. The translator, as a freelance expert, will provide the client with his translation services by making every effort to respect the quality of the services and delivery conditions. The translator is responsible for haste or negligence, but cannot be held responsible for delays due to events beyond their control.