| Just as a client may ask you to sign a contract, | | | | work. The American Translators Association |
| so you as a translator may ask your own existing | | | | offers this type of insurance through an affiliated |
| or potential clients to agree to your terms of | | | | insurance agency, and independent agents may |
| service. Before accepting any work, it is important | | | | sell it as well. |
| to agree on terms of service with the client; | | | | - The client's terms of service are not in effect |
| some clients will tell you what their usual terms of | | | | until approved in writing by the translator. This |
| service are, but there is often some room for | | | | prevents the client from holding you responsible |
| negotiation as well. | | | | for abiding by a contract that you haven't signed. |
| Depending on who the client is, you might ask | | | | For example, the client cannot come back to you |
| them to sign a printed copy of your terms of | | | | after the project and say, "Our translator |
| service, or you might send an e-mail summarizing | | | | contract specifies that you don't get paid until the |
| what your terms of service are. Your agreement | | | | client pays us." |
| with the client should first summarize the project, | | | | - If the client is employed by an end client or third |
| per-word rate, whether the word count is based | | | | party, the translator'sbusiness agreement is with |
| on the source or target count, the project | | | | the client only. The client must pay the translator |
| deadline, the file format, and the delivery method. | | | | as agreed upon, regardless of the end client or |
| Even with a client that you work for regularly, | | | | third party's payment policies. In essence, you are |
| you should always summarize the basic elements | | | | letting your client (a translation agency or |
| of the project so that everyone is in agreement | | | | freelance project manager)know that if the end |
| before you start work. With a regular client, this | | | | client doesn't pay them, the client still has to pay |
| would probably take the form of an e-mail | | | | you. The end client is not your client. |
| confirming the project's due date and payment | | | | - The translator retains copyright to the |
| rate, along with any special instructions. | | | | translation until the invoice for the translation has |
| Following summary of the project specifications, | | | | been paid in full. When you contract with a client |
| you should include your own terms of service, in | | | | to do a translation for hire, you give up your |
| addition to payment terms as shown above. | | | | copyright to the translated work, unless the |
| Following are some of the more common terms | | | | contract specifies otherwise. However, if the client |
| of service used by freelance translators. Not all of | | | | never pays you or doesn't pay in full, they |
| these terms will apply to every translator, so it is | | | | haven't upheld their end of the work for hire |
| important to chose the ones that are important | | | | agreement. Basically, this clause gives you the |
| for you, and to modify them to your particular | | | | option of pursuing the client or end client for |
| situation: | | | | copyright violations if they use your translation |
| - No claims will be considered after X days from | | | | without paying you. |
| the date of invoice. You need to set a time | | | | - If the translation project is canceled after a |
| frame within which the agency can ask you for | | | | project assignment has been made, the translator |
| revisions, tell you that there's a problem with the | | | | will be paid for all work completed up to the time |
| translation, etc. You don't want an agency coming | | | | of cancellation. Sometimes a client will send you |
| back several months later to complain about a | | | | the wrong file, cancel a project or scale a project |
| project that you barely remember working on, | | | | down in size after you have already started |
| but you do need to give the agency time to | | | | working. While you shouldn't expect to be paid for |
| solicit feedback from their end client. So, a time | | | | the entire project unless you've completed it, you |
| limit of somewhere between two weeks and one | | | | should be paid for the part of the work that |
| month is probably reasonable. | | | | you've already done, since you obviously can't do |
| - Within the limits of the law, all claims will be | | | | anything else with the translation. With a reputable |
| limited to the amount of this invoice. A clause | | | | client this shouldn't be a problem as long as the |
| such as this lets the client know that if they're | | | | reason for the cancellation is clearly the client's |
| not satisfied with your work, the most they can | | | | mistake. |
| do is refuse to pay you; they can't, for example, | | | | - If the client is not satisfied with the translator's |
| ask you to forgo your own payment and | | | | work, the translator must be given an opportunity |
| reimburse them for the cost of additional editing | | | | to correct the translation before payment terms |
| of your translation. However, especially if you | | | | or rates are changed. No matter how skilled you |
| translate for direct clients, there may be situations | | | | are as a translator, some clients will not be fully |
| where the client is legally allowed to sue you for | | | | satisfied with your work. Including this type of |
| damages if they are sued as a result of errors in | | | | clause will (hopefully!) protect you against clients |
| your translation. Make sure you are clear on this | | | | who say that they're not happy with your work, |
| before accepting work from a client that is not a | | | | and will not pay you, or take a discount on the |
| translation agency. Translators who work for | | | | agreed-upon price. Before the client brings up any |
| direct clients should strongly consider carrying | | | | change in the agreed-upon payment terms, they |
| professional liability /Errors and Omissions | | | | should let you know specifically what is wrong |
| insurance, in the event that a client pursues a legal | | | | with the translation, and give you the chance to |
| or financial claim against you for errors in your | | | | correct it. |