tag:blogger.com,1999:blog-2618029197139250711.post1430240789822508066..comments2024-03-25T03:02:08.418-07:00Comments on Translation Times: Should I Sign This?Judy Jenner and Dagmar Jennerhttp://www.blogger.com/profile/15991071510108619107noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-2618029197139250711.post-91727267168036891122014-09-03T04:20:19.089-07:002014-09-03T04:20:19.089-07:00@Shai: Thanks for your very thoughtful comment -- ...@Shai: Thanks for your very thoughtful comment -- we really appreciate it and fully agree with you. And yes, even if perhaps most issues won't be litigated, you still shouldn't sign anything you don't feel comfortable with. As you very well point out, courts don't always side with common sense, but if a written agreement exists, that will certainly be enforced (as it should). The argument "It's just a formality" doesn't seem to be a strong one to us. Many thanks for your contribution!Judy Jenner and Dagmar Jennerhttps://www.blogger.com/profile/15991071510108619107noreply@blogger.comtag:blogger.com,1999:blog-2618029197139250711.post-29177302189551388532014-08-20T10:41:03.241-07:002014-08-20T10:41:03.241-07:00I too think that you did the right thing, Arline.
...I too think that you did the right thing, Arline.<br />This is the importance of having your own ToS, you know what you are comfortable negotiating - how you can adjust your ToS to a specific circumstance while still protecting your interests and maintaining a mutual beneficial relationships - and what are the red lines.<br /><br />I usually recommend fellow colleagues to create their ToS (and revise them periodically with the advancement of their career) even if they are still not comfortable sending them to clients. The importance is with the exercise itself that makes one sit, think about, and formulate one's boundaries. The insights from that exerciser could also (and eventually) affect one's career path.<br /><br />I also don't think that you missed an opportunity by not signing an agreement you are not comfortable with. You might missed some short-term business, but from my experience, if you would have yielded, more often than not you would have come to regret it in the long-term.<br /><br />Agencies with ridiculous agreements are usually just brokers, and their agreements and attitude are generally reflective of the overall experience one can expect from working with them.<br /><br />And lastly, I think that I start noticing a hint of a little worrying trend. People who advice other (or themselves) to sign just about everything and anything, trusting that no one will take anything to court because the direct and indirect costs of litigation far exceeds the remedy, and that if an adhesion contract or otherwise unreasonable clause will get its day in court, the court will throw it out the door, siding with common sense.<br /><br />This is a very dangerous, I think. The court will not always side with common sense when an agreement that stipulates otherwise was signed; and trusting that litigation is an empty threat that will never be pursued due to the costs, time, and effort involved is just an unnecessary business risk that should and can be easily avoided.<br /><br />Agreements that are entered in good faith can be easily formulated to be mutually beneficial and protect the most important interests of both parties (and they are usually short).Shainoreply@blogger.comtag:blogger.com,1999:blog-2618029197139250711.post-37397807584698954342014-08-20T09:58:44.455-07:002014-08-20T09:58:44.455-07:00@Arline: Our pleasure! Many thanks for reading and...@Arline: Our pleasure! Many thanks for reading and for your very thoughtful comment. Sorry to hear about your recent struggles with the agreement, but we think you did the right thing -- such obstacles and unwillingness to negotiate is rarely a good start to a mutually beneficial relationship. And yes, the ITI has some great guidelines, as do other T&I organizations. These do come in very handy.<br /><br />How fantastic that an international organization has a fair and short agreement. Perhaps other organizations will use it as a template -- yes, we can dream....Judy Jenner and Dagmar Jennerhttps://www.blogger.com/profile/15991071510108619107noreply@blogger.comtag:blogger.com,1999:blog-2618029197139250711.post-9672301537646941252014-08-20T02:11:04.446-07:002014-08-20T02:11:04.446-07:00Hello Judy and Dagmar,
Thank you so much for writ...Hello Judy and Dagmar,<br /><br />Thank you so much for writing this! I've been struggling with an agreement that I felt was unreasonable over the last two weeks, and finally decided to politely say that if the terms can't be modified then unfortunately I can't work with the other party. It's not the first time this has happened, and although I'm sure I have missed some opportunities at least I'm not awake at night worrying about it.<br /><br />As I'm a member of the ITI, I use their standard terms and conditions as a base, but in my experience most translation companies will only allow their own terms and conditions and not all of them are prepared to negotiate.<br /><br />And contracts or T&Cs don't have to be one-sided! I've seen a wonderfully balanced agreement issued by an international organisation, which was fair, well-written and even short! It was something I was happy to sign. I wish there were more like that.Arline Lyonshttps://www.blogger.com/profile/04799853858757054999noreply@blogger.comtag:blogger.com,1999:blog-2618029197139250711.post-59127428852200009702014-08-18T18:33:57.824-07:002014-08-18T18:33:57.824-07:00@Shai: Very well said. Thanks so much for sharing ...@Shai: Very well said. Thanks so much for sharing your insight, and thanks for reading. You are absolutely right that the contract serves the interest of the party that drafts it. And yes, it is very important to have TOS.Judy Jenner and Dagmar Jennerhttps://www.blogger.com/profile/15991071510108619107noreply@blogger.comtag:blogger.com,1999:blog-2618029197139250711.post-18019022282240591132014-08-17T05:31:08.210-07:002014-08-17T05:31:08.210-07:00Contracts are always written to serve the interest...Contracts are always written to serve the interest of the party who has drafted them. Even if that party doesn't try to pull something shady over one, sometimes they are unaware to how a certain clause can come across or how it could be an issue for the other side. Therefore, always treat the first version of a contract as a draft that can, and should, be amended.<br /><br />As service provider we can, and should, have our (fair, ethical, and transparent) terms of service that we can send to clients. Even if this is not really an option at times, the mere excercise of creating one's Terms of Service is very beneficial. Many, unfortunately, never bothered to define their TOS and expect others to dictate the terms to them. Without TOS or at least some boundaries, one cannot effectivley go over and amend someone else's contact.Shaihttp://translationtherapy.comnoreply@blogger.com