Last updated August 2013
This Agreement is made between you and Gengo, Inc., a Delaware corporation (“Gengo”). You must agree to the following terms before you may work as a Gengo Translator. [*1]
1. You agree to the terms of the Gengo Translator NDA
By agreeing to this Translator Agreement, you are also bound by, and accept the terms of the Gengo Translator NDA. Our NDA requires, among other things, that you do not reproduce or otherwise distribute customer content. You agree to treat all customer translation texts in confidence; any use of customer information, or mention or discussion of customer content outside of direct communication with the customer within the Gengo comment system or with a Gengo staff member, is strictly prohibited.
For example, you may not communicate the content or customer of any jobs you work on with other translators, customers, family members, friends, and colleagues (e.g. Twitter, Facebook, your blog).
In addition, for jobs that require you to download content, you must agree to delete all original content (“Customer Content”) within 30 days. Customer Content is the property of the customer; by possessing it past 30 days you would be violating this Agreement. You may keep your translation of the Customer Content, but may not use it publicly – as a translation sample or otherwise.
2. You agree to provide quality translations
For each job you work on, you must consistently meet Gengo’s quality standards. We routinely conduct quality assessments and if your translation fails to meet our quality standards, we may remove one or more levels of qualification or terminate this Agreement. To restore a revoked qualification you must retake and pass that qualification’s test again.
3. You agree to use careful judgment and work in the best interest of Gengo
a) Flag jobs that have problems
If you notice problems with any translation job, especially available ones, please be proactive and help the community. Flag the job using the “Flag problems with this job” form in a job’s comments section, and if necessary, post a support ticket. Possible “problems” in a job include:
- The wrong language pair was ordered
- The content is unsuitable according to the Gengo Quality Policy
- The word-count is wrong
- Any suspicious or special requests from a customer in the comments section
b) Do not add translation to comments
You should not post your translation in the comments section of a job. Otherwise, a customer could take the translation from the comments section and reject your job, meaning you would not get paid for the work you have done. If you experience issues when submitting your translation, please report it to us immediately, and we will resolve the problem promptly.
c) Answer comments speedily and professionally
Please carefully read the comments and queries from customers and answer them promptly, clearly, and in a friendly manner. Do not use abusive or profane language or give excuses or personal background information to customers. Try to resolve disputes in a friendly and efficient way – and ask us if you need any help.
d) Do not lock off jobs
Only start a translation job if you are going to work on it straight away. Customers want translations delivered quickly, and when you start a job no other translator can see or work on it. By starting and not working on a translation job, you will be holding up the system.
e) Meet deadlines
When considering a job, make sure you have the time, knowledge and skills to complete it by the stated deadline. Do not start a job if you cannot finish it on time. In extenuating circumstances where you cannot complete a job, make every effort to cancel it immediately.
4. Gengo will help you perform your job in the following ways
a) Review customer/worker disputes
Gengo will review customer/worker disputes in a fair and reasonable manner. In particular, all rejected translations will be examined by Gengo support staff, taking into account:
- Quality of translation
- Comments and/or instructions the customer left for the Translator and whether those instructions were reasonable. If so, whether the Translator took due care in responding to and incorporating these comments
- Customer feedback and reason for rejection
b) Promptly respond to support tickets
We will respond to urgent job/bug related tickets as soon as possible, usually within a few hours. These urgent messages will be prioritized over general inquiries about Gengo services. While bugs and system problems may occasionally occur, we will do our best to fix problems in a timely manner.
c) Remind customers of their responsibilities and restrictions
Gengo will make every effort to warn customers who repeatedly waste translator time, reject translations unnecessarily or make unreasonable requests. Customers who repeatedly abuse the system will be warned and removed.
5. Compensation and time commitment
You will be informed of the compensation rate on the Job Details Page before starting a translation job.
6. You agree to be paid by PayPal or Skrill (Moneybookers)
You agree that any reward balance you accrue by working on translation jobs will be made via PayPal or Skrill (Moneybookers) in US dollars. We will not make wire transfers or use another method of payment. We will not process payments to you without a request from you. You affirm that you currently have a functioning PayPal or Skrill (Moneybookers) account to receive funds from Gengo. We pay Translators on the 10th and 25th of each month (“Payment Dates”) as long as we receive a payment request before the cut-off time. The cut-off time for the 10th is 5:00pm JST on the 3rd of that month. The cut-off time for the 25th is 5:00pm JST on the 18th of that month. In some cases, unavoidable payment delays due to disruptions to PayPal’s or Skrill’s services occur, for which Gengo cannot be held responsible.
7. You agree to sign US tax and regulatory documentation
Payments will be made from Gengo, Inc. our U.S. parent corporation. Currently, under U.S. federal tax law, Gengo is required to request certain taxpayer information from translators who receive funds from Gengo (whether such persons are U.S. taxpayers or not). We may request additional information from you in the future if required under U.S. law. All information collected will be used solely to fulfill Gengo’s requirements under U.S. law and will not be used for any other purpose.
8. You agree to Gengo’s copyright policy
You agree that all right, title, and interest in any copyrightable material, including but not limited to all written text we receive from you (e.g., localization for Gengo.com, translations for email notifications and web orders), solely or in collaboration with others, and arising out of, or in connection with, performing the services for Gengo are the sole property of Gengo.
9. You are classified as an independent contractor
You will perform the services of Translator as an independent contractor to the Company. Nothing in this Agreement shall in any way be construed to classify you as an agent, employee or representative of the Company. Without limiting the generality of the foregoing, you are not authorized to bind the Company to any liability or obligation or to represent that you have any such authority. You agree to furnish (or reimburse the Company for) all tools and materials necessary to accomplish the duties of Translator and shall incur all expenses associated with these duties. You acknowledge and agree that you are obligated to report as income all compensation received by you pursuant to this Agreement. You agree and acknowledge the obligation to pay all self-employment and other taxes on such income.
You understand that you will receive no company-sponsored benefits from Gengo where benefits include, but are not limited to, paid vacation, sick leave, medical insurance and retirement or pension participation. If you are reclassified by a state or federal agency or court as Gengo’s employee, you will become a reclassified employee and will receive no benefits from Gengo, except those mandated by state or federal law, even if by the terms of the Gengo’s benefit plans or programs in effect at the time of such reclassification, you would otherwise be eligible for such benefits.
10. You agree to indemnify Gengo
You agree to indemnify and hold harmless Gengo and its affiliates and their directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with (i) your negligent, reckless or intentionally wrongful acts, (ii) a determination by a court or agency that you are not an independent contractor, (iii) your breach of any of the covenants contained in this Agreement and corresponding Gengo Translator NDA, (iv) your failure to perform the duties of Translator in accordance with all applicable laws, rules and regulations, or (v) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Gengo’s use of any of your deliverables under this Agreement.
11. Term and termination
Your relationship with Gengo begins on the date on which you accept and agree to this Agreement, and continues until your resignation or termination by Gengo. These offenses are grounds for immediate termination:
- Violation of this Translator Agreement
- Violation of the Gengo Translator NDA
- Cheating, attempting to cheat, or aiding others in cheating on Gengo tests
- Failure to follow instructions given to you by a Gengo staff member or Senior Translator
- Failure to communicate in a professional and courteous manner to our customers, other translators, or Gengo staff
- Careless behavior that causes disruption to our service or system
12. Legal Jurisdiction/
This Agreement shall be governed by the laws of the State of New York, without regard to the conflicts of law provisions of any jurisdiction. To the extent that any lawsuit is permitted under this Agreement, the Parties hereby expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York.
[*1] This Translator Agreement is updated periodically, and unless you tell Gengo otherwise, your acceptance of this Agreement means you agree to be bound by any changes to or future versions of this Agreement.