🐈
» Forums » Freelancers » The client wants me to sign another contract
Page options
english2french
Community Member

The client wants me to sign another contract

Hello everyone !

I have a question: I already worked for a client in Upwork for 3 milestones as a translator and proofreader. All when fine, until, for the 4th milestone, the lcient asked me to sign a contract wth extra duties and penalties, in case I am late to deliver my work, or in case my translation is faulty or missing for some part of the document.

I understand extra duties such as NDA or copyright issues, with which I am totally OK, but part of the contract is about potential court litigation (in India!) or extra penalties about the translation, in case one line is faulty, or so... I thought that when the work is not correct, first the client can ask for corrections, and then, that the rate of the freelancer allows the client to warn other because of a work that was not made correctly (but no refund).
I don't want to sign that contract, which puts lots of penalties for a lot of reason, and allow the client not to pay 30% of the sum for having one faulty line out of 25.000 lines to be translated...

I answered that Upwork terms and conditions would apply and I refuse to sign extra contract such as this one. The client asked me to do it for the 3rd time and does not agree with me, putting Upwork Terms and Conditions in the contract instead of his terms and conditions. I am 99% top-rated and don't need to proove that I am serious with all clients, but this client is having a suspicions with me (that I can understand generally) but I wonder if these extra requirements are OK with Upwork way to work ?

Any ideas ?

Cheers!
Christine

ACCEPTED SOLUTION
prestonhunter
Community Member

A few points:

 

Upwork DOES allow clients and freelancers to enter into additional agreements and contracts, including contracts that supersede default Upwork agreements. You may not report this client for any TOS violation. There is no violation.

 

There is no practical way that the client could pursue you legally from India for failing to have a perfect translation. The cost of trying to do so would far exceed the value of anything you are doing.

 

The whole contract they are trying to get you to sign is goofy. I am not sure if the client realizes how goofy it is.

 

I would say that translation can be subjective. It is not like converting meters into centimeters. So by definition, EVERY translation has at least one faulty line out of X number of lines. EVERY translation if "faulty" if a determined client wants to find it such.

 

I have no problem signing standard NDA documents for Upwork contracts. That means I agree to NOT DISCLOSE things I learn while working for a client. I agree to not tell people stuff. That is fine. The stuff that the client is asking you to sign is not standard NDA.

 

If it was me personally, I would ignore the request. You could continue to work for the client for as long as you want to. If the client continues to pay you for your work even if you don't sign their weird contract, then go ahead and take on work and get paid.

View solution in original post

9 REPLIES 9
michael_skaggs
Community Member

Generally, the client is free to put whatever stipulations they like in the contract, as long as they follow the relevant laws covering both parties. That being said, you are certainly under no obligation to sign such a contract, and it definitely sounds like he 's looking to use such provisions as a cudgel in order to get cheaper work out of you. Stipulating a 30% penalty for small errors rather than asking you to fix those errors is a pretty shady thing to do.

 

The good news is that you're only bound by the terms already in place on your existing contract. Not to mention a threat of litigation in a country you don't reside in and which has no jurisdiction over you holds no weight whatsoever. He could try to sue across international boundaries, but not only would it cost him way more than he would be looking to gain, it would get thrown out of any competent court because he would be jumping straight to legal action rather than trying to address any deficiencies. Or in lawyer terms (even though I'm not one), "failing to take action to minimize loss."

 

Basically, finish what you've already agreed to, and decline to work for him anymore.

petra_r
Community Member

Clients are free to ask you to sign whatever they like.

You are free to refuse. (I certainly would.)

 

The Upwork service contract is valid in absence of other agreements between client and freelancer - Upwork themselves will not enforce such contracts but an arbitrator might.

 

That said, if 3 milestones are already done on the current contract, the client should not try to change the terms of the existing contract afterwards.

 

Personally I would get out of the contract as elegantly as possible, probably by indicating that a new agreement requires a new contract and that it would be correct to end the current contract and create a new one. Once the existing contract is ended, decine the new one.

 

It is a little sneaky, but the best you can hope for here is getting out of the relationship with the least harm done to your profile.

 


Petra R wrote:

Clients are free to ask you to sign whatever they like.

You are free to refuse. (I certainly would.)

 

The Upwork service contract is valid in absence of other agreements between client and freelancer - Upwork themselves will not enforce such contracts but an arbitrator might.

 

That said, if 3 milestones are already done on the current contract, the client should not try to change the terms of the existing contract afterwards.

 

Personally I would get out of the contract as elegantly as possible, probably by indicating that a new agreement requires a new contract and that it would be correct to end the current contract and create a new one. Once the existing contract is ended, decine the new one.

 

It is a little sneaky, but the best you can hope for here is getting out of the relationship with the least harm done to your profile.

 


I like it! And not sneakier than a client pressuring a freelancer into something that surely would result for him to pay less than agreed, it is just self-defence.

martina_plaschka
Community Member

I assume you would have declined this client's offer if he had sent this document earlier before you accepted. There is no changing rules in the middle of the contract as far as I'm concerned. No need for you to agree to something that was not part of the original agreement and pressure you into something you don't want to do, especially as it looks the client is looking for an easy way to pay you less. 

Don't do it under any circumstances. Find a professional way to end collaboration with this client as soon as possible. "I am sorry Phil but I work under the conditions we agreed on at xxx when I accepted your kind offer." Maybe his feedback is not going to be great, but one bad feedback is not the end of the world. 

prestonhunter
Community Member

A few points:

 

Upwork DOES allow clients and freelancers to enter into additional agreements and contracts, including contracts that supersede default Upwork agreements. You may not report this client for any TOS violation. There is no violation.

 

There is no practical way that the client could pursue you legally from India for failing to have a perfect translation. The cost of trying to do so would far exceed the value of anything you are doing.

 

The whole contract they are trying to get you to sign is goofy. I am not sure if the client realizes how goofy it is.

 

I would say that translation can be subjective. It is not like converting meters into centimeters. So by definition, EVERY translation has at least one faulty line out of X number of lines. EVERY translation if "faulty" if a determined client wants to find it such.

 

I have no problem signing standard NDA documents for Upwork contracts. That means I agree to NOT DISCLOSE things I learn while working for a client. I agree to not tell people stuff. That is fine. The stuff that the client is asking you to sign is not standard NDA.

 

If it was me personally, I would ignore the request. You could continue to work for the client for as long as you want to. If the client continues to pay you for your work even if you don't sign their weird contract, then go ahead and take on work and get paid.

english2french
Community Member

Many thanks for all your replies! Exactly what I thought and did. Not a violation of any TOS, but my choice to be bound (or preferably not!) into what seems to be a new kind of contract with requirements I would not have agree at first. Many many thanks for reassuring me about what I thought  - not alone anymore about that issue 🙂 Yes, translation is definitively not math and a faulty line can always be said so by people who can be less inclined to pay. To defend them, I think they also had problem with incompetent translators by the past (I proofread them and it was just awfull!).

Many thanks to all of you again !

Cheers!
Christine

Sometimes I sign things fully knowing the person at the other end can't and won't do anything with it.

 

If it's just something stating that he can sue me in India, I'd LOL and sign it. Yeah sure pal, I'll await my extradition to India when you get all mad.


Christine C wrote:

 To defend them, I think they also had problem with incompetent translators by the past (I proofread them and it was just awfull!).


To be honest, the translation clients in that country I have personally encountered are farmers who farm out translations at like $ 0.02 a word, so no wonder the quality is so hit and miss.


Christine C wrote:

Many thanks for all your replies! Exactly what I thought and did. Not a violation of any TOS, but my choice to be bound (or preferably not!) into what seems to be a new kind of contract with requirements I would not have agree at first. Many many thanks for reassuring me about what I thought  - not alone anymore about that issue 🙂 Yes, translation is definitively not math and a faulty line can always be said so by people who can be less inclined to pay. To defend them, I think they also had problem with incompetent translators by the past (I proofread them and it was just awfull!).

Many thanks to all of you again !

Cheers!
Christine


I don't believe in incompetent translators. Either you are a translator or you are not.

But I love these agencies that reach out once they have tricked a new client and then reach out and ask if you have ever heard of Trados.

Latest Articles
Featured Topics
Learning Paths