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Reading the small print

March 10, 2015 | The Savvy Newcomer | No Comments | Business Strategies

By听Jo Rourke
Reblogged from听
听with permission from the author (including the images)

Translation contractsI鈥檓 not entirely sure what happened. I鈥檓 usually pretty pernickety on details so I don鈥檛 know how it all got past me. Nevertheless,听I am now the proud owner of an almost entirely redundant freephone business number, along with a phone and internet bill which will, over the next few years, take a nice hefty chunk out of my children鈥檚 university/travel the world/frivolous teenage purchase fund. It鈥檚 more than twice the price of our bill with our previous provider, the contract duration is twice as long, the connection process took half a century and was, it would appear, carried out by a three year old with a plastic spatula. But regardless of how apoplectic with rage I feel when I听think of it (I hide听it well, no?), I have to admit that my rage should more appropriately be directed at myself. I鈥檓 the one who signed the contract, I鈥檓 the one who didn鈥檛 read the small print (more like minuscule print). And we all know you should .

This got me thinking about small print and contracts in general. Over at 听last week, Judy & Dagmar posted a fantastic blog post on the in place and I found myself nodding through the entirety of the piece. I took the time to draft a contract with my solicitor a few years ago. Ironically, I called it The Not So Small Print. Shoot me, shoot me now. So for every project undertaken, the contract听outlines the following:

The rate: Your听proposal will have outlined the rate (sometimes, there are different options, but more on that another time) but the contract should state听the full contract value.

Payment terms: We offer听a period for amendments immediately following each project, but I always want to make clear to clients the timeframe within which they must settle the invoice after this point. Also, how will they pay their invoice? Let them know at this point whether it鈥檚 bank transfer, Paypal, etc.

Payment schedule: Not all projects will complete within one month, so sometimes it鈥檚 necessary to create a payment schedule. It鈥檚 important to let clients know when to expect invoices and which period of time each invoice will cover.

Start date and expected completion: This is one item that鈥檚 vital to get right. We鈥檝e all been there 鈥 the client contacts you for a quote on a Monday, you ask for some details and come up with a completion date of the following Monday. The client considers the proposal, talks to his boss, who talks to his boss, who鈥ou get the idea. Before you know it, it鈥檚 5:30pm on Friday evening and you get a one line email 鈥淕reat news! The project鈥檚 been signed off! Here鈥檚 the document 鈥 looking forward to receiving it on Monday!鈥 Erm, wait 鈥 what?! That鈥檚 why it鈥檚 better to either add an item to this section in your contract along the lines of 鈥淭he project will commence by the Monday following receipt of the signed contract.鈥 or, instead of giving an actual day, talk in number of days, for example, 鈥淭he project will take 5 working days from receipt of the signed contract.鈥澨

Quote validity: I recently had a prospective client email me with that very line I quote above 鈥淕reat news!鈥︹ I searched through my archives and found they were referring to a quote I had provided in 2009鈥.

Amendments to content: This is an item that not everyone is concerned about and I think it鈥檚 good to be flexible on it where possible, but with new clients it can听pay off to set some ground rules in place, lest they change a 1000 word summary into a 45,000 word thesis. Or vice versa.

Delivery format: Having sobbed over my keyboard during many a handwritten note translation, which, at the time of booking the job was, 鈥淎 Word document, definitely a Word document.鈥 I can assure you this item remains firmly on my contract.

I also find at the end it鈥檚 useful to re-cap on the project scope, so confirm:

Requested language: I don鈥檛 really need to include that one but just in case! (Remember to confirm the language variant here too).

Project brief: For example, translate 25,000 word environmental assessment report from English into Romanian.

Turnaround: I鈥檓 not saying this will mean the end of the 鈥淗ave you finished yet?鈥 鈥淎re you nearly there yet?鈥 emails, but it might delay them *hopeful voice*

I think of the items I listed above as the basic contract 鈥渟mall print鈥, and, seeing as I wanted to keep the contract as short and sweet听as possible, these seemed like the best issues to cover. Of course, there are some extra items that can be added to your contracts as and when you need them. For example, do you have a late payment charge? What鈥檚 your policy on weekend work or 鈥渘ext day delivery鈥? Do you require part payment in advance (perhaps for large projects or first clients)?

You鈥檒l gather from my opening paragraph that page upon page of small print is not my idea of a good time and I have now learned, from bitter, expensive experience, the folly of my ways. Now more than ever I feel that contracts and the way they are written are crucial in protecting us as freelancers, but also the clients we work so hard for.

Here are some links on what small print to听include in your contracts:

I鈥檇 love to hear your thoughts on these points: Does your small print look similar? Do you have a standard contract for all clients? What do you include? As always, any comments very welcome!

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No Comments

  1. on March 10, 2015 at 11:49 am

    […] Read more at the Savvy Newcomer. […]

    Reply
  2. on March 10, 2015 at 11:56 am

    Jo, when I started in the business, contracts where not the norm. That was another country, another century. Nowadays the excuses have no value: even an email between you and that one individual client for translation of a one page birth certificate is a legally binding document (at least in the US and Brazil).

    However, just last week a colleague shared his wisdom by telling others seeking his advice to “not even bother reading contracts because no one enforces them.”

    There is so much discussion on client education. I keep insisting we need to work on both fronts, because many of our colleagues are still clueless.

    Thank you for the article.

    Reply

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