| Pages in topic: < [1 2] | Does non-payment void NDA? Thread poster: Michelle Kusuda
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Michelle Kusuda 
United States
Local time: 08:20
English to Spanish
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TOPIC STARTER | Thank you all for your input. | Dec 22, 2014 |
First of all, thank you to all of you ( Sheila, Lorraine, Triston, Fiona, Paul, Misha, Joakim, Soledifulvio, Katalin, Diana, and John) for your comments. I need to dig out the NDA-Contract and read it over. I think my options are like one of you mentioned, small claims court/collection agency. Unfortunately, due to the holidays there is nothing I can do right away. I already left a "1" on the Blueboard stating "Non-payment."
| | | | | clause in a contract protecting contract as a whole | Dec 22, 2014 |
Some recent contracts that I've been given by agencies include a clause that says, in effect, that if any one clause is not upheld, all the other clauses are still valid. In other words, they're protecting themselves in the case of their nonperformance of some clause (hypothetically something like payment) so that I can't then say I had cause to violate other clauses (like confidentiality or contacting the end client). I suppose it protects me too, so that, if they allege I did not perform som... See more Some recent contracts that I've been given by agencies include a clause that says, in effect, that if any one clause is not upheld, all the other clauses are still valid. In other words, they're protecting themselves in the case of their nonperformance of some clause (hypothetically something like payment) so that I can't then say I had cause to violate other clauses (like confidentiality or contacting the end client). I suppose it protects me too, so that, if they allege I did not perform some duty signed in the contract, they cannot retaliate by doing something else. So again, read your contract *carefully*. ▲ Collapse
| | | | | | Phil Hand
China
Local time: 20:20
Chinese to English
| Definitely doesn't void NDA... | Dec 23, 2014 |
The NDA is a separate agreement, and so is not subject to any restrictions relating to your translation contract.
Here's how it might work:
You can't reveal to anyone the work that you do for the agency. But you still own the copyright, so you can (a) demand that they not use it, and (b) sue if they or anyone else uses it. If you have evidence that a third party has used your material (e.g. they've put your text up on their website), you could sue them, but you still co... See more The NDA is a separate agreement, and so is not subject to any restrictions relating to your translation contract.
Here's how it might work:
You can't reveal to anyone the work that you do for the agency. But you still own the copyright, so you can (a) demand that they not use it, and (b) sue if they or anyone else uses it. If you have evidence that a third party has used your material (e.g. they've put your text up on their website), you could sue them, but you still couldn't tell them why. I think a judge in such a case would view the materials privately in a way that would not constitute a breach of your NDA, and make a determination. (As per board guidelines, this is guesswork and does not constitute legal advice.)
But all of this assumes legal action. As I understand it, without a court's involvement, any attempt by you to contact the end client directly opens you up to liability.
As Fiona says, my advice would be to protect your own professionalism first. If it comes right down to it, better to lose one payment than to have a stain on your reputation. Your target of action is the party with whom you contracted, so best to focus on them. ▲ Collapse
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David Wright
Austria
Local time: 14:20
German to English
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| Why should an nda stop you contacting the client? | Dec 23, 2014 |
I can't see any link here. The NDA is an undertaking not to disclose specific details, most likely the details of a translation. I can't see it covering the fact of doing the translation, unless this is expressly stated. Hence, it most likely doesn't cover contacting the client, unless another part of the agreement expressly forbids this. Nor do I think that it is unprofessional to contact the client in these circumstances.
Given that the contract has not been performed by your client, ... See more I can't see any link here. The NDA is an undertaking not to disclose specific details, most likely the details of a translation. I can't see it covering the fact of doing the translation, unless this is expressly stated. Hence, it most likely doesn't cover contacting the client, unless another part of the agreement expressly forbids this. Nor do I think that it is unprofessional to contact the client in these circumstances.
Given that the contract has not been performed by your client, you are at liberty to ignore it anyway. Even if there is a clause saying that breach of the contract by one party does not entitle the other party to do the same, I don't see a judge letting that one through (these are standard terms of business, which are subject to pretty strict conditions under most jurisdictions).
Having said that, if your client is in your country, I'd warn them that you are contacting a lawyer or a debt collection agency, give them a few days and then do so.
And yes, you probably do hold the copyright in your translation and the end-client would be in breach of your rights if they were to use it, which is a lot of egg on your agency's face! ▲ Collapse
| | | | | Thank you very much | Dec 23, 2014 |
| | | | The Misha
Local time: 08:20
Russian to English
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| Let's compare apples to apples, shall we? | Dec 23, 2014 |
What the translator seems to be sued for here has nothing to do with her translation activities and everything to do with political activism/whistle blowing/paranoia, etc. Sure, those will get you sued all right. If I go around badmouthing people for no good reason or, say, stealing Christmas cookies, someone will sue me too, sooner or later. And heck, I am a translator, so we'd get us another case of a poor translator being sued. Except what does all this have to do with the issue at hand?
| | | | | Moving the goalposts | Dec 24, 2014 |
The Misha wrote: What the translator seems to be sued for here has nothing to do with her translation activities and everything to do with political activism/whistle blowing/paranoia, etc. Sure, those will get you sued all right. If I go around badmouthing people for no good reason or, say, stealing Christmas cookies, someone will sue me too, sooner or later. And heck, I am a translator, so we'd get us another case of a poor translator being sued. Except what does all this have to do with the issue at hand?
I beg your pardon, The Misha, but you said "being sued for anything, anywhere." [emphasis mine, but those are your words.] All I did was give you just such an example. And in this case lawsuit had everything to do with her translation activities - that's how she got hold of the documents in the first place, she did not just go around badmouthing Toyota for no good reason.
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