Language Professional Agreement

Language Professional Agreement

Last updated February 2016

This Agreement is made between you and Vocabridge ltd. a UK Limited Company (“Vocabridge”). You must agree to the following terms before you may work as a Vocabridge Translator. [*1]

1.      You agree to the terms of the Vocabridge Translator Non-Disclosure Agreement.

By agreeing to this Language Professional Agreement, you are also bound by, and accept the terms of the Vocabridge Translator NDA. Our NDA requires, among other things, that you do not reproduce or otherwise distribute customer content. You agree to treat all customer translation texts in confidence; any use of customer information, or mention or discussion of customer content outside of direct communication with the customer within the Vocabridge comment system or with a Vocabridge staff member, is strictly prohibited.

For example, you may not communicate the content or customer of any jobs you work on with other translators, customers, family members, friends, and colleagues (e.g. Twitter, Facebook, your blog).

In addition, for jobs that require you to download content, you must agree to delete all original content (“Customer Content”) within 30 days. Customer Content is the property of the customer; by possessing it past 30 days you would be violating this Agreement. You may keep your translation of the Customer Content, but may not use it publicly – as a translation sample or otherwise.

2.      You agree to provide quality translations

For each job you work on, you must consistently meet Vocabridge’s quality standards. We routinely conduct quality assessments and if your translation fails to meet our quality standards, we may remove one or more areas of qualification or terminate this Agreement. To restore a revoked qualification, you must retake and pass that qualifications test again.

3.      You agree to use careful judgment and work in the best interest of Vocabridge

a) Flag jobs that have problems

If you notice problems with any translation job, especially available ones, please be proactive and help the community by flagging the job using the “Flag problems with this job” form in a job details section. If you have accepted the job, then please contact the Project Manager from inside the relevant Workroom for that job or directly though the messaging system.  Possible “problems” in a job include:

·         The wrong language pair was ordered

·         The content is unsuitable according to the Vocabridge Quality Policy

·         The word-count is wrong

·         Any suspicious or special requests from a customer in the comments section

b) Do not add translation to comments

You should not post your translation in the comments section of a job.

c) Answer comments speedily and professionally

Please carefully read the comments and queries from the project manager and answer them promptly, clearly, and in a friendly manner. Do not use abusive or profane language or give excuses. Try to resolve disputes in a friendly and efficient way – and if you need to escalate it, message the Vendor Relations Manager from the internal messaging system.

d) Do not lock off jobs

Only start a translation job if you are going to work on it straight away. Customers want translations delivered quickly, and when you start a job no other translator can see or work on it. By starting and not working on a translation job, you will be holding up the system.  If the Project Manager feels adequate regular progress is not being made on the job, he/she can take actions to re-allocate the job.

e) Meet deadlines

When considering a job, make sure you have the time, knowledge and skills to complete it by the stated deadline. Do not start a job if you cannot finish it on time. In extenuating circumstances where you cannot complete a job, make every effort to cancel it immediately by contacting the Project Manager through the workroom.

f) Use CAT Tools when requested

If a job is required to be done on CAT tool (Memsource, Trados etc) then the translator must use the specified tool. Failing to do so will require the work to be re-done and a penalty may be applied if project is delayed as per Section 5: Compensation, Penalties and Time Commitment.

4.      Vocabridge will help you perform your job in the following ways:

a) Review customer/worker disputes

Vocabridge will review all disputes in a fair and reasonable manner. In particular, all rejected translations will be examined by Vocabridge support staff, taking into account:

·         Quality of translation

  • Comments and/or instructions the customer left for the Translator and whether those instructions were reasonable. If so, whether the Translator took due care in responding to and incorporating these comments

·         Customer feedback and reason for rejection

b) Promptly respond to support messages

We will respond to urgent job/bug related messages as soon as possible, usually within a few hours. These urgent messages will be prioritised over general enquiries about Vocabridge services. While bugs and system problems may occasionally occur, we will do our best to fix problems in a timely manner.

 

c) Remind customers of their responsibilities and restrictions

Vocabridge will make every effort to warn clients who repeatedly waste Translators time, reject translations unnecessarily or make unreasonable requests. Clients who repeatedly abuse the system will be warned and removed.

5.      Compensation, penalties and time commitment

You will be informed of the compensation value of each job in the Job List in your dashboard.  You will be paid exactly the amount stated unless penalties were incurred.

Jobs delayed beyond agreed due time:  % delayed.  E.g. if job was for a total of 40 hours and valued at $1000, then a delay of 1 hour, would be 2.5% of the total time.  The penalty would be 2.5% of the job value, in this case $25.

If you require more time, you should always notify the Project Manager as soon as you realise you need more time. The Project Manager will try his/her best to extend the deadline without penalties.

Continuous delays to jobs may result in the cancellation of your account on Vocabridge.

Machine translation detected and proven to you: 100% and your account will be suspended with immediate effect.

A translation will be rejected if a proofreader deems the translation unworkable (any 1 page of the translation requires more than 20% editing).

In the event a translation is rejected, it is the Project Manager’s discretion to allow it to be re-done by the same translator or allocate it to another translator. If it is allocated to another translator, the translator for the rejected translation will not receive any payment for the rejected translation. Furthermore, restrictions may be placed on the translator's account to prevent future issues.

In the rare case that the translation is rejected by a client, the translation will be referred to a third party proofreader for final review.

Should it be determined that the translation was not fit for purpose and the initial proofreading was not adequate, then both linguists who worked on this project will not be paid for this project and restrictions may be placed on their accounts.

In either case, the Project Manager's decision is final.

6.      You agree to be paid by PayPal or Skrill (Moneybookers)

You agree that any balance you accrue by working on translation jobs will be made via PayPal or Skrill (Moneybookers) in US dollars. We will not make wire transfers or use another method of payment. You affirm that you currently have a functioning PayPal or Skrill (Moneybookers) account to receive funds from Vocabridge. We pay Translators within 30 - 45 days from completion of a job (“Payment Dates”). In some cases, unavoidable payment delays due to disruptions to PayPal’s or Skrill’s services occur, for which Vocabridge cannot be held responsible. Vocabride is not responsible for fees incurred by Paypal.

7.      You agree to Vocabridge’s Copyright Policy

You agree that all right, title, and interest in any copyrightable material, including but not limited to all written text we receive from you (e.g. localisation for Vocabridge.com, translations for email notifications and web orders), solely or in collaboration with others, and arising out of, or in connection with, performing the services for Vocabridge are the sole property of Vocabridge.

8.      You are classified as an independent contractor

You will perform the services of Translator as an independent contractor to the Company. Nothing in this Agreement shall in any way be construed to classify you as an agent, employee or representative of the Company. Without limiting the generality of the foregoing, you are not authorised to bind the Company to any liability or obligation or to represent that you have any such authority. You agree to furnish (or reimburse the Company for) all tools and materials necessary to accomplish the duties of Translator and shall incur all expenses associated with these duties. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement. You agree and acknowledge the obligation to pay all self-employment and other taxes on such income.

You understand that you will receive no company-sponsored benefits from Vocabridge where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and retirement or pension participation.

9.      You agree to indemnify Vocabridge

You agree to indemnify and hold harmless Vocabridge and its affiliates and their directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) your negligent, reckless or intentionally wrongful acts, (ii) a determination by a court or agency that you are not an independent contractor, (iii) your breach of any of the covenants contained in this Agreement and corresponding Vocabridge Translator NDA, (iv) your failure to perform the duties of Translator in accordance with all applicable laws, rules and regulations, or (v) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Vocabridge’s use of any of your deliverables under this Agreement.

10.  Term and Termination

Your relationship with Vocabridge begins on the date on which you accept and agree to this Agreement, and continues until your resignation or termination by Vocabridge. These offenses are grounds for immediate termination:

  • Violation of this Language Professional Agreement
  • Violation of the Vocabridge Translator NDA
  • Cheating, attempting to cheat, or aiding others in cheating on Vocabridge tests
  • Failure to follow instructions given to you by a Vocabridge staff member or Senior Translator
  • Failure to communicate in a professional and courteous manner to our customers, other Translators, or Vocabridge staff
  • Careless behaviour that causes disruption to our service or system

 

11.  Legal Jurisdiction

This Agreement shall be governed by the laws of England, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of Her Majesty’s courts located in England.

[*1] This Language Professional Agreement is updated periodically, and unless you tell Vocabridge otherwise, your acceptance of this Agreement means you agree to be bound by any changes to or future versions of this Agreement.