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Business School for Translators

Lesson 19: Terms and conditions for translators

Posted by Marta Stelmaszak on Dec 05, 2011 in Business School for Translators

Translators are still scarily passive when comes to terms and conditions – we keep signing them (hopefully, after reading) for agencies, we do that sometimes for bigger direct clients, but only a very small percentage of us actually have their own terms and conditions. Well, are you wondering why would you need them?

When I’ve stumbled upon this poll on Proz.com, I was shocked that 51% of respondents don’t have their own T&C. And Marina, one of readers here, suggested this topic. So here we go.

Terms and conditions regulate the business between you and your customer. They protect your rights, limit your liability and provide you with security. For some time in my career I was thinking that a verbal agreement or a few words here and there in emails can do. I never had any problems with non- or late payers, no cancellations or no disputes. I was usually sending my direct clients my invoice that also contained some points on payment and complains, or – with bigger projects – I had a contract with more comprehensive points.

But doing business is not only about getting paid on time or agreeing on delivery format. I soon realised that I needed terms and conditions to protect myself from these unpleasant situations that hardly ever happen. But when they do happen, you’d better be on the safer side.

In general, terms and conditions cover the following aspects:

Costs (how much they have to pay you)

Cancellations (what happens if they decide to cancel the project when you’re half way through)

Delivery arrangements (what if they suddenly change their mind and want it in Trados when you’re almost finished)

Payment terms (what if it’s a 50,000 word project and you want half of your money before you start)

Credit limits and periods (what if they want to pay you within the next 150 days)

Managing late payments (what will happen if they won’t pay you when you asked them to)

Disputes on quality (what if they are not satisfied)

Confidentiality (you’re not going to tell the whole world what they want to do next)

Liability (what if they want to blame YOU for their failed £1,000,000 negotiations)

It may seem daunting, but hey – great news! There are model terms and conditions prepared specifically for translators out there. ATA’s website contains a Model Contract for Translators which can be used as it is, or changed into a terms and conditions document. Also, the Institute of Translation and Interpreting issued their recommended Model General Terms of Business for commissioned Translation Work. You can use them as they are, or adapt them to your own business.

So you have your brand new shiny terms and conditions ready, but they won’t be of use if… you don’t communicate them to your client. Remember that they need to be aware of your terms of business before they accept your offer. How do you do that?

Send your terms and conditions to your client as a separate document with your quote and make them aware that they’re bound to abide by them on accepting your offer

Attach your terms and conditions to your invoice

Have your terms and conditions on your website and make your clients aware that it’s their responsibility to read them

Present your own T&Cs to agencies before you agree to work for them

I usually send my T&Cs together with my invoice, but I’m planning to put them up on my website. How do you deal with that?

Marta Stelmaszak

Polski - English - Français translator and interpreter with 6 years of experience, specialising in law, IT, marketing, and business. A member of the Management Committee of the Interpreting Division at the Chartered Institute of Linguists and a Top 25 Twitterer (@mstelmaszak) and Top 25 Facebook Fan Page in Language Lovers 2012.

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13 Comments

Sarah on Sep 05, 2012 Reply
Thanks Marta for another excellent post! I find this information incredibly helpful and plan on using these terms of services for all my future translation work.
Evelina on Dec 07, 2011 Reply
My story is as follows: I have done a 10.000 words translation job for a company, I sent them my T & C Agreement, the PM returned it signed and the job never got paid!!! ( we are talking about a 5 months delay) Now, I’m debating myself in going to an attorney and forcing them to pay.
An item to take into consideration is that if I charge them interests, they will exceed the amount of the translation itself in 2 or 3 times!!! What should I do???
- Marta Stelmaszak on Jan 22, 2012 Reply
  Evelina, start with sending them a warning letter, stating a date (2 weeks?) by when they have to pay you, or you’re going to court. In which country are they located?
Marina Sandoval on Dec 05, 2011 Reply
Thank you so much!
- Marta Stelmaszak on Dec 05, 2011 Reply
  You’re welcome Any other ideas?
Berenice on Dec 05, 2011 Reply
Dear Marta,

Great post, very very useful. I usually stated some T&C in my quote document, but I agree it is much better to attach them in a separate document. I will start doing this today!

Thank you so much for this wonderful site of yours!

Best,
Berenice
- Marta Stelmaszak on Dec 05, 2011 Reply
  I think that a separate document makes more impact. I used to have them on my quote/invoice as well, but now I’m thinking of putting them on my website as well…
Tess Whitty on Dec 05, 2011 Reply
Excellent post Marta! However, with agencies, you usually just have to accept their terms and conditions, or return the signed terms with things crossed out if you do not agree with them. I have not seen cases where we can send the agencies our terms. That said, I always have direct clients sign my terms and conditions before starting to work on a project, and for every new client, I send payment conditions with the first invoice.
- Marta Stelmaszak on Dec 05, 2011 Reply
  Thank you, Tess. In terms of agencies, I’ve seen translators sending their own T&Cs and trying to force some sort of compromise, but it hardly ever works. I just wanted to emphasise the point that you should try to negotiate before you agree to work for them.
Catherine on Dec 05, 2011 Reply
Hi Marta,

You’re doing a great job with your series of lessons – thank you.

As for my own Terms & Conditions, I put them on my website this past summer. Now I feel much more comfortable asking for deposits from first-time clients for larger projects, getting them to sign my quotes before I dig in, and making sure I get paid quickly.

I attach mine along with my quote, not with the invoice. And I don’t bother to send them at all to regular clients.
Catherine Guilliaumet on Dec 05, 2011 Reply
Dear Marta,

I can say only one thing this morning: Thanks a lot!
You know why I’m so glad to read this article this morning : because
1)you give us some references to models of T&Cs in English. Till now, it was my main problem : finding an appropriate way to express my T&Cs in good English. I have prepared my own T&Cs in French but, if I am at ease with the English medical jargon, I am an absolute zero at legal English
2) you are showing that we are making the right decision when we resolve to send those T&Cs to clients.

The problem that I still can see is when to send them, particularly when we are dealing with agencies.

It’s less difficult when we are dealing with direct clients, namely when they ask for a quote; indeed, it’s quite natural to attach our T&Cs to our quote. It’s a common behaviour among all professions in the world.

But in other circumstances, i.e. most of the time, when to send them?
Isn’t it too late to send T&Cs with the invoice, i.e. when the job is already done?
Sending them as soon as we are replying by e-mail to an agency, accepting the job?

I really don’t feel at ease with this issue.

Any good advice?

Have a nice day
Catherine (cgtradmed)
- Marta Stelmaszak on Dec 05, 2011 Reply
  Dear Catherine
  
  Thank you for your insightful reply! Now I see I forgot to add that with agencies we should send our T&Cs before we sign anything. T&Cs negotiations (if any) usually take place before we agree to work for an agency. Sometimes they leave very little space for your input…
  
  Marta
- Catharine on Dec 14, 2011 Reply
  Don’t forget the French SFT have translated their T&Cs into English. See: http://www.sft.fr/clients/sft/telechargements/file_front/4b50d11ac6881.pdf
  Catharine