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Client want's to lower payment by 35% after 5 months
Thread poster: Jacqueline Kieft
Jacqueline Kieft
Jacqueline Kieft
United States
Local time: 03:52
English to Dutch
Apr 21, 2023

I have worked in November 2022 on a project for a company. I emailed them every week about the payment. They told me that the project was canceled by their client and didn't get paid yet. After a wait of 5 months and another email from me to them, I received this answer from them:

The project cancelled and we didn't receive any payment for the project in your language. However, we would like to find compromise and request deduction from the price as we did with other translators who
... See more
I have worked in November 2022 on a project for a company. I emailed them every week about the payment. They told me that the project was canceled by their client and didn't get paid yet. After a wait of 5 months and another email from me to them, I received this answer from them:

The project cancelled and we didn't receive any payment for the project in your language. However, we would like to find compromise and request deduction from the price as we did with other translators who worked on this project. We kindly request a deduction of %35 of your total cost.

Note that we had no choice but to use this method to compensate for the failed projects.

I am stunned they even dare to ask me this. I delivered the requested work on time and we have set a price beforehand.

Is this a common thing or is the company just trying? I would really would like some feedback on this.
Thanks to everyone who takes time to respond.
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Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 08:52
Member (2007)
English to Portuguese
+ ...
@Jacqueline Apr 23, 2023

It is not common at all! If I understand you correctly, they only said the project had been cancelled after (how long after?) you had delivered the translation within the deadline. In theory, they asked for a translation, you delivered on time, so they should pay. But in practice things happen and the fact that they are willing to pay 65% is a positive thing. In order to understand the situation more fully, I have a few questions: Is this the first time you have worked with them or are they a lo... See more
It is not common at all! If I understand you correctly, they only said the project had been cancelled after (how long after?) you had delivered the translation within the deadline. In theory, they asked for a translation, you delivered on time, so they should pay. But in practice things happen and the fact that they are willing to pay 65% is a positive thing. In order to understand the situation more fully, I have a few questions: Is this the first time you have worked with them or are they a long-standing customer? Did they give you any proof of the cancellation? Are you interested in keeping working with them despite this or not?Collapse


Kevin Fulton
expressisverbis
Thayenga
Andriy Yasharov
Philip Lees
Edward Potter
 
Samuel Murray
Samuel Murray  Identity Verified
Netherlands
Local time: 09:52
Member (2006)
English to Afrikaans
+ ...
Take it Apr 23, 2023

Strictly speaking, an agency's arrangement with their end-client has nothing to do with you, and if their end-client doesn't pay, then that has nothing to do with you either. Your agreement is with the agency, and not with the end-client, so even if the end-client doesn't pay, the agency still owes you the money.

That said, it is not unusual for agencies to work on the basis of paying translators with the money that they receive from the end-client. In other words, if the end-clie
... See more
Strictly speaking, an agency's arrangement with their end-client has nothing to do with you, and if their end-client doesn't pay, then that has nothing to do with you either. Your agreement is with the agency, and not with the end-client, so even if the end-client doesn't pay, the agency still owes you the money.

That said, it is not unusual for agencies to work on the basis of paying translators with the money that they receive from the end-client. In other words, if the end-client doesn't pay, the agency is unable to pay the translators. The bigger and/or more well-established the agency is, the less likely this would happen. But let's be honest: many agencies work like this in the background, even if they hope that this situation that your agency client is describing here never happens.

It is clear from their communication that you won't see any of your money unless you agree to their offer. The fact that you delivered the work in good faith and that the price was agreed beforehand wouldn't affect their situation (if we assume that they speak the truth). The fact that they do offer to pay you even though they weren't paid, tells you that they do feel a responsibility to pay you and that they do acknowledge that you are *their* service provider.

succinct

No, not really.
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Celery Wang
Michael Newton
Juvenal Neto
philgoddard
 
Sadek_A
Sadek_A  Identity Verified
Local time: 11:52
English to Arabic
+ ...
... Apr 23, 2023

If the full amount is big, you have documentary evidence that genuinely links said agency to your outstanding payment, and you have the means to pursue it legally, then do. You will get your money, in whole, in addition to indemnity.

If not, then accept their offer, but make sure to name them on the internet as an unreliable middle link between service provider and end-client.


Tomasz Sienicki
Thomas T. Frost
Andriy Yasharov
expressisverbis
Philip Lees
Christopher Schröder
Pamela Cruz
 
Tomasz Sienicki
Tomasz Sienicki  Identity Verified
Denmark
Local time: 09:52
Member (2007)
Danish to Polish
+ ...
Unacceptable Apr 23, 2023

The company usually makes money by outsourcing work to you and it is the company that has to assume the associated business risk. It is unacceptable to try to pass that risk on to you. They're trying to have their cake and eat it too.

A similar situation happened to me as well. I ceased cooperation with the company in question – even though they were a long-standing client, telling them (politely) that they had to pay in advance in the future, as is standard practice for
... See more
The company usually makes money by outsourcing work to you and it is the company that has to assume the associated business risk. It is unacceptable to try to pass that risk on to you. They're trying to have their cake and eat it too.

A similar situation happened to me as well. I ceased cooperation with the company in question – even though they were a long-standing client, telling them (politely) that they had to pay in advance in the future, as is standard practice for clients with a history of non-payment.
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Thomas T. Frost
Andriy Yasharov
expressisverbis
Philip Lees
Rachel Waddington
Kaspars Melkis
 
Jacqueline Kieft
Jacqueline Kieft
United States
Local time: 03:52
English to Dutch
TOPIC STARTER
@ Maria Teresa Apr 23, 2023

They told me after two months the project was cancelled. And they didn't give me any proof of cancelation. I have done a few more project before this happend and no, I will NOT work for this company ever again. Clearly they don't have their things in order. First they tell me they never received my invoice and I had to resend it to "so and so" email address. Then, in the same email they tell me the company paid them and I will receive the payment soon. Same day I get an email from a different de... See more
They told me after two months the project was cancelled. And they didn't give me any proof of cancelation. I have done a few more project before this happend and no, I will NOT work for this company ever again. Clearly they don't have their things in order. First they tell me they never received my invoice and I had to resend it to "so and so" email address. Then, in the same email they tell me the company paid them and I will receive the payment soon. Same day I get an email from a different department they didn't get paid by the company and the project is canceled by their client.Collapse


Rachel Waddington
 
IrinaN
IrinaN
United States
Local time: 02:52
English to Russian
+ ...
Do 2 things Apr 23, 2023

In this case I wouldn't care about any terms and conditions and reach the end client for confirmation.

Also, try to search for your translation on the net.


Matthias Brombach
 
Thomas Johansson
Thomas Johansson  Identity Verified
Peru
Local time: 02:52
English to Swedish
+ ...
my reflections Apr 24, 2023

The agency didn't evaluate its client properly or hasn't managed the project correctly and has irresponsibly been contracting translators for a project with a bad end client. (It should for instance make a binding agreement with the end client before starting a project, and it should call off the project quickly if the end client cancels it, etc.) You are not responsible, and should bear no part of the responsibility, for the agency's bad management of its client relations.
The agency is
... See more
The agency didn't evaluate its client properly or hasn't managed the project correctly and has irresponsibly been contracting translators for a project with a bad end client. (It should for instance make a binding agreement with the end client before starting a project, and it should call off the project quickly if the end client cancels it, etc.) You are not responsible, and should bear no part of the responsibility, for the agency's bad management of its client relations.
The agency is either very unprofessional or in serious economic trouble.
Make sure the agency is added to the Blue Board and make sure it understands that you will leave a rating there.
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Dan Lucas
expressisverbis
Magdalena Godoy Bonnet
Rachel Waddington
Michele Fauble
Jacqueline Kieft
Thomas T. Frost
 
Christopher Schröder
Christopher Schröder
United Kingdom
Member (2011)
Swedish to English
+ ...
Missing info Apr 24, 2023

I’d say it all depends on which country, how big an agency, and how much money.

The fact that they’re offering you anything says they could pay you the whole amount if they wanted. The question is how easily you can make them want to.


Matthias Brombach
 
Celery Wang
Celery Wang  Identity Verified
China
Local time: 15:52
Member (2023)
English to Chinese
Unacceptable! And nonsense of the company Apr 24, 2023

You signed contract with translation company not with end-client at all. Their project manager should be responsible for the failure of the project, not translator. Their project manage should ask for advance fee before get started. I Suggest you should expose the company name, so that alert all other translators if any request from the company.

 
jyuan_us
jyuan_us  Identity Verified
United States
Local time: 03:52
Member (2005)
English to Chinese
+ ...
How can one cancel a project that has been completed? Apr 24, 2023

If it is decided to "cancel" the project after you have already translated it, the party who made that decision should still pay the cost that has incurred in full, regardless the reason for such a cancellation.

expressisverbis
Anton Konashenok
Jacqueline Kieft
Thomas T. Frost
 
Lieven Malaise
Lieven Malaise
Belgium
Local time: 09:52
Member (2020)
French to Dutch
+ ...
I don't think... Apr 24, 2023

...there's much to evaluate here. It seems clear that your client is trying to make you partly responsible for something you are not responsible for. I wouldn't accept this and, unless it was a small assignment, I would go all the way to be paid. Since the timing of the cancellation seems weird (suspiciously late), I also tend to think there hasn't been any cancellation at all, but that they are merely trying to have to pay less than agreed to.

You also shouldn't accept the argument
... See more
...there's much to evaluate here. It seems clear that your client is trying to make you partly responsible for something you are not responsible for. I wouldn't accept this and, unless it was a small assignment, I would go all the way to be paid. Since the timing of the cancellation seems weird (suspiciously late), I also tend to think there hasn't been any cancellation at all, but that they are merely trying to have to pay less than agreed to.

You also shouldn't accept the argument that they can only pay you after the end client has paid. They have no right to do that (they do have the right to try, though). You being paid should have nothing to do with your agency client being paid.
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expressisverbis
Rachel Waddington
Jacqueline Kieft
Thomas T. Frost
 
Maria Teresa Borges de Almeida
Maria Teresa Borges de Almeida  Identity Verified
Portugal
Local time: 08:52
Member (2007)
English to Portuguese
+ ...
My take Apr 24, 2023

Jacqueline Kieft wrote:

They told me after two months the project was cancelled. And they didn't give me any proof of cancelation. I have done a few more project before this happend and no, I will NOT work for this company ever again. Clearly they don't have their things in order. First they tell me they never received my invoice and I had to resend it to "so and so" email address. Then, in the same email they tell me the company paid them and I will receive the payment soon. Same day I get an email from a different department they didn't get paid by the company and the project is canceled by their client.


If I wasn’t interested in working with this company ever again, I wouldn’t have wasted five months with this. As my payment terms are 30 days after invoice, after two months I would have contacted a lawyer…


expressisverbis
Rachel Waddington
Thomas T. Frost
 
Katalin Horváth McClure
Katalin Horváth McClure  Identity Verified
United States
Local time: 03:52
Member (2002)
English to Hungarian
+ ...
How much? Apr 24, 2023

How much is the total project price you invoiced? Do you have a written contract with this "agency"?

Thomas T. Frost
Christopher Schröder
Maria Teresa Borges de Almeida
 
Maria G. Grassi, MA AITI
Maria G. Grassi, MA AITI  Identity Verified
Italy
Local time: 09:52
English to Italian
+ ...
They know what they’re doing Apr 24, 2023

The part I can’t get over is when they say “as we did with other translators who worked on this project”, as if they were trying to pressure you by implying that everybody else has already accepted the reduction because it’s not so bad after all, so you don’t want to be the only one to refuse, right?

This alone tells me how well they know what they are trying to do.


Jacqueline Kieft
Thomas T. Frost
Christel Zipfel
 
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Client want's to lower payment by 35% after 5 months







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