Terms of
Reference (ToR)
Related to
translation services offered by Paulin M. Lwaboshi Freelancer
April 2021 Edition
Introduction
Article 1: These
ToR are set to regulate translation contracts between Paulin M. Lwaboshi Freelancer, herein referred to as TRANSLATOR,
and applicants of translation services, herein referred to as CLIENTS.
All CLIENTS receive a copy and approve the content before signing
contract in translation; the contract should not stray from these ToR. These
ToR set the role, responsibility and limits of the TRANSLATOR, the ordering process, the work and presentation mode,
the categorizing of translation work, the fee rates, the procedure and deadline
for payment of fees and litigations’ settlement.
On
the Role, Responsibility and Limits of the Translator
Article 2: The TRANSLATOR has the role to render into the target language the author’s
text from its source language.
The TRANSLATOR is bound and limited, in
his rendering, by the obligation of strict
accuracy. He is responsible for exactly
rendering the author’s ideas and
concepts in the strictest fidelity.
In
consequence of the above, the TRANSLATOR does not have the role nor the
responsibility of a “CORRECTOR,” “EXPLAINER” or “COMMENTATOR.” The author
remains alone answerable for their ideas and concepts; the TRANSLATOR is only answerable for his rendering.
On
the ordering process
Article 3: Here
we distinguish two types of CLIENTS: old and new. New CLIENT is one
first applying for translation services in accordance with these ToR. Old CLIENT
is one that already worked with Paulin
M. Lwaboshi Freelancer in accordance with these ToR.
The new CLIENT receives a copy of these ToR. The
acknowledgment of receipt of these ToR, followed by translation order, is acceptance
of the contents thereof. After acceptance, the new CLIENT may submit a
translation order by email or any other traceable correspondence way.
The old partner submits a translation order via email or any
other traceable correspondence way.
Article 4: The
work to be translated is submitted either by email or on flash-disc, CD-ROM,
memory card or any other electronic drive readable by computer; the work can
also be submitted on printed or manuscript paper. The work for translation is
submitted by a written order via email or any other traceable correspondence way.
Article 5: The
submission of the translation order implies that the CLIENT has read,
understood and complied with these ToR of which they acknowledged receipt; it
is, moreover, a provisional contract between the two parties when the TRANSLATOR
acknowledges receipt and promises to deliver the requested work within a time agreed
upon: the CLIENT may not waive thereafter.
Article 6: In
case the CLIENT changes their mind after progress in the translation,
the CLIENT shall pay the amount of the work already done by the TRANSLATOR
at the applicable fee rate.
On
the working and presentation mode
Article 7: The TRANSLATOR works independently and uses his own
resources and equipment. However, if circumstances require, the TRANSLATOR
may request the use of CLIENT’s resources and equipment to perform a
particular task. The use of such resources and equipment as requested/obtained will
be defined in time and shall not affect in any way the billing.
Article 8: The TRANSLATOR is bound by the obligation of strict
confidentiality in performing the work of translation. The CLIENT may
express a concern that the translation is strictly conducted offline, and the TRANSLATOR
will be obliged to meet positively this concern.
Article 9: The
TRANSLATOR undertakes to provide the best possible rendering,
notwithstanding any phraseology and grammatical errors, faults, misuse and poor
constructions contained in the original work.
Article10: At
the end of the translation, the TRANSLATOR presents the work through an
email correspondence or other traceable. In his presentation, the TRANSLATOR states relevant remarks and
indicates the category of work to determine final pricing. In case of need, the
TRANSLATOR attaches to the same
correspondence the related invoice.
On
the categorizing of translation work
Article
11: Translation work has six categories provided by Paulin M. Lwaboshi Freelancer, as follows:
Category 1: "Translate and Only Translate
(TOT)": Documents submitted in the simplest format of MS Word. This
category excludes any additional tasks such as processing the text to keep a
certain layout.
Category 2: "Translate and Process (TP)":
Texts submitted in special formats of MS Word (Image, Shapes, SmartArt,
Cartoon, ...), document submitted in MS Excel, MS PowerPoint, MS Publisher; and
any other similar format. Beyond mere translation, this category poses an
additional task to process the text rendered to maintain the original layout.
Category 3 : "Guess and Translate
(GT)": Category 1 or 2 document containing sentences or passages whose
meaning is not clear and unambiguous due to any phraseology and grammatical
errors, faults, misuse and poor constructions; and which invites the TRANSLATOR
to take his personal efforts to guess the meaning before rendering. Subcategory
3a refers to TOT documents when they invite to "Guess and
Translate (GT)" while Subcategory 3b refers to TP
documents when they invite to "Guess and Translate (GT)." Definitely untranslatable passages are
included in the counting of billable words.
Category 4: "Type and Translate (TT)":
Document submitted on paper or PDF. Subcategory 4a refers to the printed/PDF
text, subcategory 4b refers to the manuscript text; subcategories 4c
and 4d refer respectively to 4a and 4b when they invite to
"Guess and Translate (GT)."
Category 5: "Audio/Video File
(AVF)": The TRANSLATOR is invited to listen and translate. The rendering
is presented in text or audio. Subcategory 5* (Special Audio/Video or
SAV) invites the TRANSLATOR to insert the timing between sequences
of translation text (inter alia, for video captioning/subtitling).
Category 6: "Live Translation or Interpretation
LT/I": this category includes immediate, direct and active interpretation
in a conference, seminar, workshop, preaching, etc.
Article 12: Any work with very specific characteristics not
listed in Article 11 above will be classified in Category 7: "not provided" and invoiced at least at the
highest rate of written or audio documents, as the case may be. These include,
amongst others (not limited to):
-Publisher document including Text boxes
-Special CLIENT’s order to work in their
specific system, tool or application
On
the fee rates
Article 13: The tariff of fees is presented in the table below which gives the
rates per category/subcategory.
|
Category |
Subcategory |
Unit |
Rate |
||
|
N° |
Name |
Code |
|||
|
1 |
Translate
and Only translate |
TOT |
- |
Word |
$0,04 |
|
2 |
Translate
and Process |
TP |
- |
Word |
$0,05 |
|
3 |
Guess
and translate Guess, Translate and Process |
GT GTC |
3a |
Word |
$0,06 |
|
3b |
Word |
$0,07 |
|||
|
4 |
Type
and Translate /
Printed Type and
translate / Manuscript Guess, Type and
Translate / P. Guess, Type and Translate
/ M. |
TT/P ST/M GTT/P GTT/M |
4a |
Word |
$0,06 |
|
4b |
Word |
$0,08 |
|||
|
4c |
Word |
$0,08 |
|||
|
4d |
Word |
$0,10 |
|||
|
5 |
Audio / Video
File Special Audio/Video |
AVF |
5 |
Minute |
$5,00 |
|
SAV |
5* |
Minute |
$10,00 |
||
|
6 |
Live Translation / Interpretation |
LT/I |
6 |
Hour |
$20,00 |
|
7 |
Not Provided |
NP |
7 |
At least the highest
rate |
|
In case of large and regular movement orders from a CLIENT,
both parties can negotiate a partnership agreement setting an inclusive rate of
fees payable monthly. Such partnership shall start from a three-month duration
and above. The longer the partnership duration the lower the monthly rate.
Article 14: The
billing shall include an additional amount for the operating fee
(stationery, equipment maintenance/renewing, Internet, telephone and
facilitation). The operating fee is calculated on the total translation price
at the rate of 25%. Therefore, the total amount due to the TRANSLATOR is the sum of the total translation price plus the
operating fee.
Procedure
and deadline for payment of fees
Article 15: The payment of fees is made in a bank in the account specified by
the TRANSLATOR in the final translation contract or invoice. The CLIENT
shall pay the fee, after deducting tax payable in accordance with local
legislation, and send payment evidence to the TRANSLATOR.
The TRANSLATOR may agree with a regular CLIENT
on a monthly payment date to clear all debts of the month.
In any case, no payment should exceed the period of thirty
days as of presentation of the translation work.
On
the litigations
Article 16: The
CLIENT and TRANSLATOR are personally and mutually obligated to take
the ultimate effort to find an amicable solution to any dispute which may
oppose them.
On
the final provision
Article
17: The CLIENT declares to-have read, understood and accepted these
Terms of Reference.
