NDA: Penalty clause for late submission Thread poster: Suzan Alkhodair
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I'm still new to working with translation agencies, and recently turned down working with an agency that had in its NDA a clause stating that late submissions will lead to a penalty to the translator, and that the agency is not responsible for transfer and bank fees! I would like to know from your experience if this is a common practice agencies follow. Thanks
| | | | | They got their ideas from the building trade | Oct 22, 2022 |
Agencies often receive construction industry documents for translation, and maybe they read some of them. There are often clauses in there, imposing penalties for not finishing the building work, or a phase of it, on time. Then a (relatively small) percentage of agencies has been known to imitate what they read there, and issue agreements to translators, for signature, that contain similar clauses.
It is neither correct conduct, nor does it pass the test of according the translator ... See more Agencies often receive construction industry documents for translation, and maybe they read some of them. There are often clauses in there, imposing penalties for not finishing the building work, or a phase of it, on time. Then a (relatively small) percentage of agencies has been known to imitate what they read there, and issue agreements to translators, for signature, that contain similar clauses.
It is neither correct conduct, nor does it pass the test of according the translator respect. In addition, there are no points of similarity (economically speaking, at least) between the translation industry and the construction industry.
As regards bank fees, etc.: They are always to be paid in full by the buyer. You will notice it whenever you go shopping online. ▲ Collapse
| | | | Mr. Satan (X)
English to Indonesian
| You think that was bad? | Oct 22, 2022 |
How about an NDA that lets the agency sue you if they think your translation to be unsatisfactory, without defining any quantitative KPIs?
| | | | Joakim Braun 
Sweden
Local time: 11:13
German to Swedish
+ ...
| Payment in full, always | Oct 22, 2022 |
Penalty clause might be OK, but the amount should not exceed the order amount.
In NDA's I've signed lateness penalties are rare, and usually on a quite acceptable sliding scale. Also sometimes you'll be a little bit late with a rush job or if complications and queries arise, with no problem whatsoever for the agency. So automatically slamming on a penalty for being 10 minutes late isn't acceptable.
(The proper way to deal with late translators is to cease emplying them.)
... See more Penalty clause might be OK, but the amount should not exceed the order amount.
In NDA's I've signed lateness penalties are rare, and usually on a quite acceptable sliding scale. Also sometimes you'll be a little bit late with a rush job or if complications and queries arise, with no problem whatsoever for the agency. So automatically slamming on a penalty for being 10 minutes late isn't acceptable.
(The proper way to deal with late translators is to cease emplying them.)
Of course you must be paid the full invoiced amount (adjusted for currency effects). In no other business but ours would this even be an issue.
[Bearbeitet am 2022-10-22 12:48 GMT] ▲ Collapse
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