Setlr Translator Agreement

Last updated: 08 January 2017

This Agreement is made between the Translator (“you / your”) and Setlr Ltd, a UK based company, registered in England number 09388667, whose registered office is Cleary Court, Unit 3, First Floor, 169 Church Street East, Woking, Surrey, GU21 6HJ (“us / we / our”). You must agree to the following terms before you work as a translator (“Translator, Star Translator, Certified Translator”).

This Agreement is updated periodically and we will advise you of any changes to the Agreement.

If any provision of this agreement is held to be invalid or unenforceable by a court, the remaining provisions of this agreement will remain in effect.

1. Translator Nondisclosure Agreement (NDA)

1.1 By agreeing to the Translator Agreement, you are also bound by, and accept the terms of the Translator NDA. The NDA includes a requirement 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 our comment system or with us is strictly prohibited, including, but not limited to, communicating the content or customer of any jobs you work on with translators, customers, family members, friends, and colleagues or post on any social media platform, including Twitter, Facebook, your blog).

1.2 For jobs that require you to download content, you agree to delete all original content (“Customer Content”) within 30 days of download. Customer content is the property of the customer. You may keep your translation of the customer content, but may not use it publicly.

2. Provision of a quality service

For each job you work on you must meet our quality standards. We routinely conduct quality assessments and if your work fails to meet our quality standards we may downgrade your community level or terminate this Agreement and close your account.

3. Best endeavours

You are expected to:

3.1 Flag jobs that have issues

If you notice issues with any translation job, especially “Open” ones, please be proactive and help the community. Flag the job using the contact form or live support window on our website. Possible issues with a job include:

  • The wrong language pair was ordered
  • The content is unsuitable, insulting or offensive
  • The word-count is outside of the standard accuracy tolerance of 5%
  • Any suspicious or special requests from a customer in the Notes section

3.2 Not add translation to Notes

You should not post your translation in the Notes section of a job. Otherwise, a customer could take the translation from the Notes section and request a refund for your job by marking the job incomplete 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 issue promptly.

3.3 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.

3.4 Quality first, speed second

Quick turnaround on translation jobs is vital to customer success. When accepting a job we expect you to begin work immediately. When considering an offer of a job ensure you have the time, knowledge and skills to begin immediately and complete the job in a timely fashion. A reasonable aim is 100 words per hour on a very specialist text or up to 500 words per hour on a simple text. Do not start a job if you cannot finish it within a reasonable time. In extenuating circumstances where you cannot complete a job make every effort to contact us and report your issue.

4. Setlr will:

4.1 Provide community powered peer review by another translator (certified translator) in the event of a revision request.

4.1(a) Revision requests will be dealt with promptly according to section 4 of our Terms. In the event that a customer requests a revision to your job we will notify you via the notification system and give you 24 hours to review the customer feedback and make reasonable corrections to the original job in line with our Quality Guarantee.

4.1(b) In the event that you resubmit the job as complete or if you fail to respond within the 24 hour time limit we will make your job available for peer review. In this case a suitable certified translator will review the job and has the authority to correct any remaining errors. This ‘peer oversight’ is designed to prevent re-submission for revision or requests for refunds and a second pair of eyes for help with final proofreading. In the event of peer oversight and correction you agree to split the job earnings according to paragraph 4.1(c) below.

4.1(c) You agree to split your earnings with the certified translator in the event of a revision request. The split will be made according to the percentage change, as calculated by our proprietary software, needing to be made by the certified translator in order to meet the requirements of our Quality Guarantee.

4.2 Review Customer/Translator disputes

We will review customer/translator disputes in a fair and reasonable manner, in line with section 4 of our Terms. In particular, all customer requests for job cancellation (refund) will be examined by our support staff, taking into account:

  • Quality of translation
  • Notes 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 notes / instructions
  • Customer feedback and reason for refund request

In the event we issue a customer refund, you agree that our decision is final and that you will not be paid for the job. Because the customer has access to your translated material we take these matters seriously and only offer a refund under special circumstances when we have no other option available.

4.3 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 prioritised over general inquiries about our services. While bugs and system issues may occasionally occur, we will do our best to resolve issues in a timely manner.

4.4 Remind customers of their responsibilities and restrictions

We will make every effort to warn customers who repeatedly waste translator time, request revisions or request refunds unnecessarily or make unreasonable requests. Customers who repeatedly abuse the system will be removed.

5. Compensation and time commitment

We give you the opportunity to earn in up to three currencies (USD, GBP, EUR) and both the currency and compensation available will be displayed on the job page before starting a job. It is up to you whether to accept jobs in one, two or all three currencies and this payment system is designed to give you the widest choice of work for global customers. When you accept a job the funds will be moved from the customer account into an escrow account in order to ensure sufficient funds are available to compensate you for your work. When the customer approves your job, the funds will be moved into one of your wallets (depending on currency) and you will have the option to cash out to a nominated bank account.

6. Bank Transfer through Mangopay

6.1 When you create a translator account, you agree we can pass some of your personal information to our payment provider, Mangopay, in order to meet Know Your Customer (KYC) regulations. KYC is designed to fight fraud and passing the KYC checks is required in order to create your USD, GBP and EUR payment wallets and link your bank accounts.

6.2 By creating a translator account, you agree to Mangopay's Terms and Conditions.

6.3 You have the option to link any of your bank accounts to your Setlr account so that you can request a pay out from any of your wallets to any of your bank accounts at any time. If you cash out into a bank account that is operating in a different currency you will most likely incur foreign currency exchange (forex) charges at your bank’s daily rate. When requesting a pay out to a bank account in a different currency we strongly advise you to investigate any fees that may be incurred. You agree to be responsible for any and all fees that may arise during a payout to your linked bank account.

6.4 You are not paid by us. You agree to be paid directly by the customer through your Setlr wallet and payout to your nominated bank account. To protect your privacy the customer will not be able to see your personal or payment information.

7. Your own tax affairs

Depending which country you live in, you may be required to report any compensation received for the work you provide on the platform. You agree to take full responsibility for investigating this and reporting any income received to the relevant tax authority where appropriate.

8. Our 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, solely or in collaboration with others, and arising out of, or in connection with, performing the services for us are our sole property.

9. Independent contractor

9.1 You will perform the services of a translator as an independent contractor. Nothing in this Agreement shall in any way be construed to classify you as an agent, employee or representative of ours. Without limiting the generality of the foregoing, you are not authorised to bind us to any liability or obligation or to represent that you have any such authority. You agree to furnish (or reimburse us for) all tools and materials necessary to accomplish the duties of a 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.

9.2 You understand that you will receive no company-sponsored benefits from us 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 our employee, you will become a reclassified employee and will receive no benefits from us, except those mandated by state or federal law, even if by the terms of our benefit plans or programs in effect at the time of such reclassification, you would otherwise be eligible for such benefits.

10. Indemnity to Setlr

You agree to indemnify and hold harmless us and our affiliates, directors, officers and employees from and against all taxes, losses, damages, liabilities, costs and expenses, including legal 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 our corresponding Translator NDA, (iv) your failure to perform the duties of a 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 our use of any of your deliverables under this Agreement.

11. Term and termination

11.1 Your relationship with us begins on the date on which you accept this Agreement and continues until your resignation or termination by us.

11.2 The following offenses are grounds for immediate termination:

  • Violation of this Translator Agreement
  • Violation of the Setlr Translator NDA
  • Simply using any form of Machine Translation (MT), aka Corpus Linguistic System such as Google Translate to replace you as the Translator in the translation process. If you have experience with Post Machine Editing and/or have access to specialist translation software (CAT), its use is allowed on the basis that you post edit 100% of the work to check it for fluency, accuracy and correctness
  • Failure to follow instructions given to you by us or other translator
  • Failure to communicate in a professional and courteous manner to our customers, other translators or our staff
  • Careless behaviour that causes disruption to our service or system

12. Governing Law

This Agreement is governed by the laws of England and Wales, 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 courts located in England and Wales.

Our failure to enforce any right or provision of this agreement will not be considered a waiver of those rights.