What Translation Work Order Terms Should Contain

Whenever you send a confirmation to a client by email, stating that you will do a proposed job for him or her, you should immediately send a work order listing the job to be done, the amount to be paid, deadline, etc., which contains your terms and conditions (also known as: contract terms, or work order terms, or general terms and conditions, terms of service, etc). Regardless of what you choose to call them, they are very important. They clearly spell out all expectations, and prevent you from being taken advantage of. They make you look like a professional, which is what you are. All businesses do this. 


I have been re-writing my German terms and conditions, or work order terms if you want to call them that. 


This led me to think about what good order terms should contain. I have written them in Germany and the U.S., having lived on both sides of "The Pond", and so I have a bit of a background. I also am basing this on what experienced translators have included in theirs (I got mine from more experienced translators when I started out), and also what various national translation associations say you should put in them. 


By the way, if you don't have written terms and conditions or a work order contract like this and you are sending your translations out, you are: 


a. Marking yourself look like a naive non-professional (sorry, but that is just so). You are then much more likely to be taken advantage of by a client, if you don't have a written contract or terms like this. 


b. Setting yourself up for some rather nasty surprises down the line, and/or arguments with your clients as to what you both actually meant, when you agreed to the translation, over the phone. 


Here is what they should contain (note that I am not an attorney, and this information is thus provided "as is", and you should consult with an attorney in your own country to make sure that your terms are relevant and enforceable in your specific country. Also, this list is not comprehensive, but is more of a starting point, or "best of"). 


What every translator's terms and conditions should contain:

• Definitions along the lines of, "I am the translator", "you are the client".
• Something that states that you are a freelancer (if you are) and are not working directly for the client as an employee (this can have big tax repercussions !). 
• Something to the effect that your work is up to the general standards of your industry and will be carried out along those lines. 
• A clause that states that the client is to provide you with proper instructions in writing, as to: the use of the translation, any internal terms, glossaries, and terminology you are to use [that way, if the client later complains about a term you used, you can indicate that he did not provide you with a glossary or style guide or terms list]). 
• A clause that says that you as a translator have a right to correct the translation, if the client doesn't like it, before payment terms are changed. 
• A clause stating that the client's own terms are not in force unless you agree to them explicitly. 
• A clause that limits your liability to the amount of the invoice. 
• A clause that says that you will protect client confidentiality, for information the client specifically indicates is confidential. 
• A clause indicating within what time period the client must pay (14 days, 30 days, etc.). 
• A clause indicating that you include value added tax (VAT), if it applies. 
• A clause that says that you retain full ownership of the translation (copyright) until the client pays in full, and that the client has no use rights until full payment is made. 
• A clause indicating that the law governing the terms is your home city or nation. 
• A clause stating that changes to the contract must be in writing. 

That should do it. Try to get a copy from your local translators' association, or off the Internet, or from a more experienced translator. 

Terms and conditions or a work order contract or order terms make you look professional, set out very clearly the expectations of both sides, and prevent any confusion down the road. Trust me, this is very important. It makes you look good and protects you and your client.