You could always be funny and sin and then sue them.  Actually, scratch that.  You should invite them to talk to a lawyer and inform them that your view of their contract is somewhat akin you your view of Andrex. 

I think it's a good question from Derek:

Originally written by Derek Thornton on January 13, 2009 8:37 PM I have had an agency send me three jobs, the original files, so that it is clear who the clients are. After I declined to do any of them because I am too busy anyway, they sent me the contract to sign by which I agree, now and for the next two years, to be fined EUR 5000 each plus compensation for loss of earnings should I have the temerity to contact any of those clients directly. I need my head checked anyway but I wonder if I should sign it just to be nice? Derek

Knowing myself I would probably sign it, just to be rid of the hassle. On the other hand I object to these practices, because it's a complete lack of confidence of my integrity. But that's a personal feeling. Probably there are or have been translators that go and contact the endclient in above mentioned case, leaving the agency with a probability to loose a client, so they try to protect themselves, which is perfectly understandable.

But there should also be trust in business. Where would we be without it? Therefore in this case (when I have been sent documents (even unasked maybe?) with which I have done nothing) I might just say: "No, I don't sign this; you can trust me that I won't contact your endclient, because that would violate my integrity. I don't work like that".

Interesting (maybe somewhat theoretical) case is when the endclient would call me a few days later and ask for a translation, ...

Regards all,

Tammo

I realized the same thing - direct job offer was suspicious - I was contacted, the original files were sent, the rate they offered was ridiculously low. So I checked Hall of Fame and Shame and saw that the company has a bad reputation. I told them that I could exceptionally accept the job with the lower than normal rate but only if they paid in advance since their reputation is not good as a payer. They got furious, almost insulting, calling me frantically (8 times in an hour when I was outside of the house) and demanding me to accept the assignment. Three different persons tried to approach, convincing that the bad reputation was only rumours and everything is fine now. But they are banned here, so are they in a couple of other directories. So they tried to approach new members directly.

Originally written by Derek Thornton on January 13, 2009 8:37 PM ....should I have the temerity to contact any of those clients directly.

Would you do so?

If not, I would just agree to that restriction.

Jacek

In my view, any agency which sends unsolicited documents to a translator bears the risk of any consequences this might have, including the possibility that the translator might have the temerity to contact the company clearly visible on the documents. Surely, the translation agency is acting irresponsibly and breaching confidentiality obligations in relation to its client by sending out such documents unsolicited?? It most certainly isn't the translator's fault. Advance contact by phone to enquire about the translator's availability and interest in the job would be the right way to do things, possibility coupled with information on the confidential nature of any documents subsequently dispatched.

Catriona Thomas

Since it is not likely to hold up legally I might agree with you on that one.  On the other hand, I am in complete agreement that if agencies were actually doing a decent job they shouldn't need such clauses as their "added value" should be enough.  The truth is, unfortunately, that in most cases this simply isn't true.

As another funny example, today I noticed a 25,000 word powerpoint presentation that they said needed to be turned around in 3 days.  At least he said he was happy to split it between 2 translators... 

Originally written by Derek Thornton on January 13, 2009 6:21 PM There is probably a translators' forum with a contact service somewhere on the Internet that does not admit translation agencies as members and advertises its services only amongst likely direct customers. I would join it tomorrow if I could find it, not that I am short of work but some of the agencies reading this posting are beginning to get on my nerves.  Derek

Not a translators' forum, but how about checking out Quotatis and asking them for details? (for Germany: http://www.quotatis.de - don't be upset by the HP, in France you can also register when you are a freelance translator but, of course - the registration is not for free).

Laurent K.

I had a simular story. I added that agency to my ignore list. They were sending me emails with request to accept the job.

I responded with my negative feedback.

http://www.translatorscafe.com/cafe/SelectedJob.asp?Job=62916 :

"   I have a    s m a l l   c o m p a n y   which designs and distributes products for wheelchair users. I have several small projects. The projects include some webpages, some press releases and perhaps a catalog. All added together, it is a mid-sized translation project. It is NOT highly technical in nature but You MUST be mother tongue German.  The two criteria I am looking for are, please mention both in your response: * Low Prices: If you are a higher priced translator, do not bother to post a bid... "

Well then.. you must be looking for a very small translator if your company is so small indeed.