| Pages in topic: [1 2] > | Demanding refund after 6 months Thread poster: Shripal Shar (X)
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Shripal Shar (X)
India
Local time: 12:09
English to Hindi
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Dear All
After following steps a translation agency namely [no names here, please – Admin] now demanding the refund from me. Pl suggest whether this is genuine or not.
1. Passed the sample with full satisfaction
2. Job was assigned
3. Deadline was followed properly
4. Delivered the project duly translated
5. Revised/ edited the text on request
6. After accepting it, I raised the Invoice
7. After around two months, she made the paym... See more Dear All
After following steps a translation agency namely [no names here, please – Admin] now demanding the refund from me. Pl suggest whether this is genuine or not.
1. Passed the sample with full satisfaction
2. Job was assigned
3. Deadline was followed properly
4. Delivered the project duly translated
5. Revised/ edited the text on request
6. After accepting it, I raised the Invoice
7. After around two months, she made the payment (Chapter closed)
8. After that other jobs were also assigned and not a single complaint found
9. Even samples were also translated by me
10. Pl also note I have Master Degreee in my native language medium
11. Now even after 6 months, this agency is demanding refund against the above project, as per her statement now her client is no more required such project. As per my view, the client is going to change his business and translated material with him is useless for him.
12. Now the agency is threatening me saying "either send money back or ready to face court case, or I will defame you in the translation association".
Now As A Professional Colleague, Pl Suggest Whether I Should send money back which I got after doing translation overnight for several days, Or Not. Pl Suggest. ▲ Collapse
| | | | | Say no and don't pay back. | Apr 28, 2011 |
You don't have to cover the business risks of your clients.
They ordered the job, youd did it on time and properly, they accepted the job and paid.
If the user doesn't pay because he no longer needs the translation, it's a problem between the agency and the user, and not your problem. The lack of foresight of the user is not your problem.
When a company orders a job, it should be ready to pay, whether the job is needed or not.
If they defame yo... See more You don't have to cover the business risks of your clients.
They ordered the job, youd did it on time and properly, they accepted the job and paid.
If the user doesn't pay because he no longer needs the translation, it's a problem between the agency and the user, and not your problem. The lack of foresight of the user is not your problem.
When a company orders a job, it should be ready to pay, whether the job is needed or not.
If they defame you, you could probably claim reparation of this tort. ▲ Collapse
| | | | | I do not see why you should give the money back | Apr 28, 2011 |
Hello Shripal,
I do not see any legal basis on which they could sue you.
What they are doing is like ordering the construction of a house and then half-way through changing their mind and stopping the works. Do they have to pay the construction workers, the architect, the construction materials so far used? You bet they do!
They accepted your work, paid for it and even gave you more work in the meantime. It is absolutely not your problem what their end-clie... See more Hello Shripal,
I do not see any legal basis on which they could sue you.
What they are doing is like ordering the construction of a house and then half-way through changing their mind and stopping the works. Do they have to pay the construction workers, the architect, the construction materials so far used? You bet they do!
They accepted your work, paid for it and even gave you more work in the meantime. It is absolutely not your problem what their end-client decides to do. If that end-client decides to fool them like this, they should drag him to court, not you!
Good luck,
Stefanie ▲ Collapse
| | | | Sheila Wilson 
Spain
Local time: 06:39
Member (2007)
English
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| It isn't even that | Apr 28, 2011 |
Stefanie Sendelbach wrote:
What they are doing is like ordering the construction of a house and then half-way through changing their mind and stopping the works.
In this case, the end client actually enjoyed full and free use of the finished product for six months!
Please don't worry too much about this threat from the agency, Shripal. I'm not a legal expert but I don't believe there's a court in the world that would uphold their case and translators' associations would find it laughable. The use that a client makes of the translation, or the lack of use, does not concern the translator one iota. If you have a suit tailor-made for you, then decide not to wear it, do you think the tailor would refund your money? It's simply absurd!
Names aren't possible here but I do hope you'll let us all know how this agency works by posting a relevant comment on the Blue Board. They certainly don't deserve to have anybody work with them.
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Trudy Peters
United States
Local time: 01:39
German to English
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| Why would you return the money? | Apr 28, 2011 |
You did the job and got paid. The fact that her client now no longer needs the translation is completely beside the point and not your problem. If the client already paid the agency, is the agency returning the money to the client? And even if the client hasn't paid yet, it's still not your problem.
On what grounds could they possibly sue you? Stick to your guns!
Good luck,
Trudy
| | | | Kevin Fulton
United States
Local time: 01:39
German to English
"Now even after 6 months, this agency is demanding refund against the above project, as per her statement now her client is no more required such project. As per my view, the client is going to change his business and translated material with him is useless for him."
From time to time unopened food in my pantry goes well beyond the expiry date. It would never occur to me to return the item to the grocer and demand my money back because I cannot consume it any more.
I wo... See more "Now even after 6 months, this agency is demanding refund against the above project, as per her statement now her client is no more required such project. As per my view, the client is going to change his business and translated material with him is useless for him."
From time to time unopened food in my pantry goes well beyond the expiry date. It would never occur to me to return the item to the grocer and demand my money back because I cannot consume it any more.
I would suggest never taking another job from this agency again. There are a lot of good agencies in the world; you don't need to deal with a crazy one. ▲ Collapse
| | | | | No, no and no !! | Apr 28, 2011 |
Hi Shripal,
You have not to refund the first cent ! Final dot!
Sheila is right, no court, neither any translator association in the world would take their complaint seriously.
Please, do post a comment in the BlueBoard !
Those practices contradict the most elementary commercial rules and ethics.
Stay strong !
Catherine
| | | | | Don't refund a penny | Apr 28, 2011 |
They asked you for a job, you performed the job to their satisfaction, and were paid. If now the customer says that they don't need the materials they purchased, it is none of your problems. No court will ask you to return the money!!!
Don't return a penny and explain that the customer's change of mind does not affect the performance and payment of the job by you for the agency.
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Nicole Schnell
United States
Local time: 22:39
English to German
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In memoriam | A similar story | Apr 29, 2011 |
Shripal Sharma wrote:
as per her statement now her client is no more required such project. As per my view, the client is going to change his business and translated material with him is useless for him.
A similar story happened to an agency client of mine. Their end-client decided that they didn't need their 60+k website in German after all, and as I learned from one of their PMs several months later, never paid a cent to the agency. The agency however paid me for my services anyway. Why? Because I have a contract with the agency, not with their client.
Shripal Sharma, the agency cannot pass on their problems with their client to you. Any attempt to ask their money back is unethical and unlawful.
| | | | Laurent KRAULAND (X)
France
Local time: 07:39
French to German
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| Stay on the legal side of things... | Apr 29, 2011 |
and you will be safe.
If the agency wants its money back, they need to document their demand. And doing this after six months is very unlikely to convince any court, provided the 'reasons' given make any sense.
| | | | Phil Hand
China
Local time: 14:39
Chinese to English
| Don't pay and take proactive measures | Apr 29, 2011 |
Shripal, you're in the right here. But that doesn't mean that a bad agency can't cause you problems.
They've threatened to go to your translators association - call their bluff. Just as you have here, raise the issue with the translators association first. Make sure you have your documentation (emails, invoices, etc.), and make it available to an arbitrator/body of authority if they ask.
There are also steps you can take if you have any clients or colleagues that you kn... See more Shripal, you're in the right here. But that doesn't mean that a bad agency can't cause you problems.
They've threatened to go to your translators association - call their bluff. Just as you have here, raise the issue with the translators association first. Make sure you have your documentation (emails, invoices, etc.), and make it available to an arbitrator/body of authority if they ask.
There are also steps you can take if you have any clients or colleagues that you know work with this agency. Don't make any accusations, but you can send a note to individuals saying, "I've become involved in a dispute with Agency X. Let me assure you that this will not affect my relationship with you in any way, and I will continue to provide you with high quality services." That way you're not slandering anyone, you're just making sure that if the agency starts slandering you, people will know not to jump to conclusions. ▲ Collapse
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Phil Hand wrote:
They've threatened to go to your translators association - call their bluff. Just as you have here, raise the issue with the translators association first. Make sure you have your documentation (emails, invoices, etc.), and make it available to an arbitrator/body of authority if they ask.
I entirely agree with this. I would also post an LWA=1 entry to the Blueboard immediately so that other people know the kind of agency they are dealing with.
Phil Hand wrote:
There are also steps you can take if you have any clients or colleagues that you know work with this agency. Don't make any accusations, but you can send a note to individuals saying, "I've become involved in a dispute with Agency X. Let me assure you that this will not affect my relationship with you in any way, and I will continue to provide you with high quality services." That way you're not slandering anyone, you're just making sure that if the agency starts slandering you, people will know not to jump to conclusions.
I don't agree with this at all. Propagating the fact that you work for the agency and that you have problem with them is not only unnecessary, but also against non-disclosure practices. I would not do it.
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Nicole Schnell
United States
Local time: 22:39
English to German
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In memoriam | I second that. | Apr 29, 2011 |
Tomás Cano Binder, CT wrote:
I don't agree with this at all. Propagating the fact that you work for the agency and that you have problem with them is not only unnecessary, but also against non-disclosure practices. I would not do it.
Don't allow yourself to be provoked into a situation that compromises your good standing.
Edited for typo
[Edited at 2011-04-29 05:08 GMT]
| | | | Laurent KRAULAND (X)
France
Local time: 07:39
French to German
+ ...
Nicole Schnell wrote:
Tomás Cano Binder, CT wrote:
I don't agree with this at all. Propagating the fact that you work for the agency and that you have problem with them is not only unnecessary, but also against non-disclosure practices. I would not do it.
Don't allow yourself to be provoked into a situation that compromises your good standing.
Edited for typo [Edited at 2011-04-29 05:08 GMT]
This will only give an impression of unsecureness and weakness to unrelated parties that are not involved in this dispute.
| | | | Abba Storgen (X)
United States
Local time: 00:39
Greek to English
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Can I also return my old TV (I don't "require" it anymore) and get a refund?
Let's see what else will pop-up in this endless Disneyland we call the "translation industry".
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