Article By:

Werner George Patels

www.german-english.biz
TranslatorsCafe.com http://www.translatorscafe.com/
Reprinted with Permission
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17 Rules for Dealing with Agencies and Direct Clients

Here are a few tips (based on personal experience and accounts of

colleagues):
1. Always get your client to sign a Purchase Order.
2. If the agency requires you to sign a contract for subcontractors,
read it carefully. If there is only the slightest doubt in your
mind, don't sign it.
3. "Contract Law 101": your contract with the agency is different from
and independent of the contract the agency has with its client. Some
agencies always try to download the financial risk on to their
translators by telling them that they will get paid as soon as they
have been paid by their client. WRONG. This would go against the
fundamental principles of contract law. As I said, your contract is
different from theirs; even if their client never pays them (for
whatever reason), they will still have to pay you on time. Recently,
I heard of an agency that includes a clause in its contract ("fine
print") that says that translators will be paid if and when they
have received payment from their client. Do not sign an agreement
like that - it is ILLEGAL (in most jurisdictions)!
4. "Train" your clients: explain to them, in simple language if
necessary, what translation is all about. Do not accept any
unrealistic demands from them (eg, 5,000 words within 24 hours).
5. Be strict about your terms of payment: upon initial contact with the
agency (or direct client), explain your terms to them. Be polite,
yet firm. Inform them that they will be subject to late-payment
interest if they don't pay within the period of time stipulated.
Draw up (or have them draw up) an agreement stating your terms of
payment very clearly and get the agency to sign it. If they refuse,
don't bother - it is a clear sign that this particular agency is not
trustworthy and you would not want to work for someone like that
anyway.
6. Sometimes, an agency may tell you that they cannot pay you on time
because of cashflow problems - that is, after you have already sent
them several reminders for payment. ALARM BELLS! This means: a) they
have lousy clients themselves that don't pay them (which is not
exactly a ringing endorsement of the agency and its business
practices); b) their management is really sloppy; c) they are not
professional; AND d) things can only go downhill from there ==> so
stop accepting any new jobs from them; tell them that you may
consider working for them again if and when you have been paid and
if and when they have set their house in order.
7. If you do get into trouble with an agency, again, be firm.
8. Avoid any agencies that post jobs on the Internet but fail to give
detailed background information on themselves (phone number, mailing
address, etc.).
9. Avoid clients that use free e-mail accounts such as Hotmail or Yahoo
- if an agency uses such accounts, you can rest assured that they
are not legit and professional
10. Avoid agencies that require an excessive number of words to be
translated by way of a "test" - it could be a way for them to have a
 document translated for free. Remember: standard translation tests
should not exceed 200-250 words.
11. Regarding tests: even if the sample is only 200-250 words in
length, make sure it is a self-contained text; otherwise, it might
be that they are sending out small portions of a larger text to a
number of translators as "tests" - again, for the purposes of
getting the translation for free.
12. Beware of UNSOLICITED e-mails you receive from agencies ("we have
recently come across your name and would like to invite you to join
our team of translators. Please send us your CV, rates, client list,
etc.") - this is often a trick to "scan" the competition (they want
to know who your clients are), so if you provide them with 2 or 3
professional references, they will contact them, not to verify your
work, but to solicit business from your clients!
13. Regarding references: never, under any circumstances, give out
references. Giving out 2 or 3 references is common practice when
applying for a permanent position, but as freelancers we cannot do
that: we are legally and ethically bound to keep any and all
information regarding our clients confidential. Therefore, suggest
to the agency that they could send you either a 200-word test or a
small job for which they would have to pay you a minimum fee ("the
proof of the pudding is in the eating"). This way, the agency does
not take on too much risk and you would not have to breach your
clients' confidentiality. Remember: when you see a new doctor, you
cannot ask the doctor for his/her patient list either!!!
14. It is always better to forgo a potential job (in case of any
doubt about the client) than to go through the hassle and headaches
of chasing after your money later on.
15. Stay away from "telemarketers": if you phone the agency, and you
get a person who talks as fast as a telemarketer or used-car
salesperson and does the whole "salespitch dance" (even though that
person may strike you as being very personable), be polite and end
the conversation as quickly as possible.
16. For larger projects, charge a "retainer", or down payment, of
about 25%. Demand to be paid in various phases as the project moves
along. Don't beat about the bush: tell your client that you will
still have to feed and clothe yourself for the duration of the
project (e.g., 2 months). For example, 25% upfront, another 25%
halfway through the project and the remainder upon completion of the
project.
17. If a client asks you to acquire special software or any other
product (as a requirement for receiving work), please check and
double-check the facts before you agree to anything. In most cases,
these people are not real clients, but merely "telemarketers" or
scam artists trying to sell some useless software, product, etc.
Remember: as a professional translator, you should never have to
*PAY* your own clients .... that would be ridiculous and insane,
wouldn't it?

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