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TRANSLATOR AGREEMENT

Independent Freelance Translator and Interpreter Agreement This Agreement is made between you (“You”) and E.R.Y Co.,Ltd. - 주식회사이알와이 (ERY Translate or “We” or “Us” or the company). E.R.Y. Co.,Ltd. offers a service that connects independent- freelance translators and interpreters (like You) with customers that want to have their content and materials translated into certain languages (the “Service”). By using the Service, You agree to this Translator and Interpreter E.R.Y Co.,Ltd. - 주식회사이알와이(ERY Translate) NDA and the company’s Terms of Service. If You do not agree with the terms of this Agreement, You may not use the Service and You may not engage with any actual or potential customers/clients of E.R.Y Co.,Ltd. - 주식회사이알와이 -ERY Translate. You represent that You are 18 years of age, or of the age of majority in Your place of residence or jurisdiction, whichever is greater.
1. You agree to the E.R.Y. Co.,Ltd. – 주식회사 이알와이 (ERY Translate) NDA You agree to the 주식회사이알와이 (ERY Translate)NDA, which is incorporated herein by reference. The NDA requires that, among other things:

  • You may not copy, share, or distribute a Customer’s (client’s) source content, guidelines, instructions, glossaries, or other materials provided by a Customer (“Client Materials”) or a Customer’s(client’s) information.
  • You must treat all Client Materials and Customer information as confidential information.
  • You may not use any Client Materials, or mention or discuss Customer content or information, outside of direct communication with the Customer within the E.R.Y. Co.,Ltd. 주식회사이알와이 – ERY Translate comment system or with a company staff member. For example, You may not discuss or share the content or Customer of any jobs You work on, with other translators, Customers, family members, friends, or colleagues (e.g. Twitter, Facebook, Your blog) even if the Customer is publicly known to be a Customer of E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate.
Additionally You must delete all Client Materials within 30 days after You complete a job or once You no longer require them (for example if You declined to take the job). You may keep the translations You created for archival purposes, but may not use it publicly or share it as a translation sample or otherwise.
2. You agree to provide quality translations When you perform a document translation and/or interpretation service to the client; you should provide high quality service that the company promised to the clients. You agree to perform the work in a professional manner and to perform the work yourself. The submission of any form of machine translations that do not meet the company may lead to immediate termination of the job and/or this Agreement without notice to You.
3. You agree to use careful judgment and work in the best interest of E.R.Y. Co.,Ltd. – 주식회사 이알와이 (ERY Translate)
 a) Flag jobs that have problems It is possible for client error or technical issues to occur on any job processed by the company system. If You notice problems with a job, especially available ones, be proactive and help the company. You should contact with the company by e mail (info@erytranslate.com) and inform the company immediately. The possible “problems” in a job may include;
  • The wrong language pair was ordered
  • The source content is unsuitable to translate (such as against the law, includes violence, unproper comments, words, photos, graphic&designs and any other types of sexual, abuse, violent materials, children and animal abuse)
  • The word-count is wrong
  • Any suspicious or special requests from a client in the comments section and e mails, on documents or any other materials.
b) Do not add translation to comments Do not post your translation in the comments section of a job. A Customer could use the translation from the comments section and reject Your job, meaning You would not get paid for the work You have done.
c) Respond quickly and professionally to Customers and the company Carefully read the comments and queries from clients and answer them promptly, clearly, and in a professional manner. Do not use abusive or profane language. Do not give excuses or personal background information to Customers. Try to resolve disputes professionally, and efficiently. You are expected to be responsive to alerts from the company and clients, as most communication is time sensitive (such as comments on a job). You assume all responsibility for failure to read correspondence or notices, including those that might result in loss of Your compensation. d) Do not lock off jobs You must only accept jobs that You can work on 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 job, You are abusing the Service and translator community. This includes but is not limited to:
  • Letting jobs expire
  • Declining a job after considerable time has passed
  • Submitting incomplete translations, and editing them later
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, you must make every effort to cancel it immediately.
f) As an interpreter You accept that the company will put one of your proper photos on the company web page and this will be seen by the clients. This photo can not include any violence, sexual, abusive materials and contents, personal information and any other things that are against the law. 
 g) As an interpreter You accept/agree that you will meet with the client to perform the interpretation service at decided address and you will be always on time. When you meet with the client; you will follow the dress codes (It can be semi-formal, formal clothes), the clothes you wear can not have any sexual, abusive, violent, offensive contents. Dress code may be informed by the client before the interpretation service will be performed.
h) As an interpreter and translator You can not share any personal materials and contact details. You can not negotiate on service fee and any other issues. As an interpreter, your only purpose of meeting with the client will be just to provide interpretation service.
j) As an interpreter and translator; you agree, accept and undertake that if the client will cancel any of services (interpretation / document translation), any rights or compensation from the company.
4. The company will help You perform Your job in the following ways:
a) Customer/Translator & Interpreter disputes the company will review Customer/Translator & Interpreter disputes in a fair and reasonable manner. In particular, all rejected translations will be examined by the company support staff, taking into account:
  • Quality of translation
  • Customer’s comments and/or instructions and whether those were reasonable, and whether the translator took due care in responding to and incorporating these comments and instructions
  • Customer feedback and reason for rejection
b) Promptly respond to support tickets We try to 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.
c) Remind Customers of their responsibilities and restrictions E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate will warn Customers who repeatedly waste translator time, reject translations unnecessarily or make unreasonable requests. E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate may remove (in its discretion) Customers who repeatedly abuse the Services.
5. Compensation and time commitment You will be informed of the compensation rate on the Job Details Page before starting a job. You agree that E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate can withhold or reduce or offset your accrued compensation balance if:
  • You do not meet the requirements of the job (e.g., miss deadline, did not meet Quality Levels, or did not comply with disclosed instructions);
  • You perform work on a job when You should have flagged it for problems under Section 3;
  • We terminate You under Section 10; or
  • You do not otherwise comply with this Agreement
6. You agree to be paid by E.R.Y. Co.,Ltd. – 주식회사 이알와이 (ERY Translate) You agree that any final compensation balance you accrue by working on jobs will be made via E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate in South Korean Won to your valid Korean bank account you declared to the company. E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate will not use another method of payment. Translators and interpreters accept, declare and undertake that there can be delay on payment process due to banking system, holidays, riots, disasters and all unexpected situations and translators and interpreters will not claim that E.R.Y Co.,Ltd ( 주식회사이알와이) – ERY Translate responsible and therefore will not claim any rights or compensation.Translators and interpreters are responsible to check their own balance due to the commission fees that they will receive and translators and interpreters accept, declare and undertake that you will not claim any rights or compensation from the company. Translators and interpreters must contact with E.R.Y.Co.,Ltd. - 주식화사이알와이 – ERY Translate immediately if they will be paid wrong (higher or lower than the agreed commission) via e mail (info@erytranslate.com). The company will pay Translators on the 1st and 5th of each month (“Payment Dates”). Translators and Interpreters are the only responsible due to Republic of Korea law including tax law. Translators and interpreters accept, declare and undertake that E.R.Y. Co.,Ltd. - 주식화사이알와이 – ERY Translate is not responsible any of your actions against Republic of Korea Law and will not be responsible to take any actions such as representing you in the court, providing you a lawyer and any other responsibilities.  
7. You agree that E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate owns the translated works You agree that, as between you and E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate, E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate solely owns all right, title, and interest in any material You provide to E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate, including but not limited to all client Materials, translated works, localizations for E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate, translations for email notifications and web orders, solely or in collaboration with others, or in connection with Your dealings with E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate.
8. You are an independent freelance contractor You are an independent freelance contractor of E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate. Nothing in this Agreement shall in any way be construed to classify You as an agent, employee or representative of E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate. You are not authorized to bind E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate to any liability or obligation or to represent that You have such authority. You agree to furnish (or reimburse E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate for) all tools and materials necessary to accomplish Your work, and incur all associated expenses. You are solely responsible for reporting any income that You are required to report, and for paying any taxes or duties on such income, such as self-employment taxes according to Republic of Korea Law. You understand that You will receive no company-sponsored benefits from E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate where benefits include, but are not limited to, paid vacation, sick leave, medical insurance or/and any other type of insurance and retirement or pension participation. If You are reclassified by a government or court as E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate’ employee, You will become a reclassified employee and will receive no benefits from E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate, except those mandated by Republic of South Korea law, even if by the terms of the E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate benefit plans or programs in effect at the time of such reclassification, You would otherwise be eligible for such benefits.
 9. You agree to indemnify E.R.Y.Co.,Ltd – 주식화사이알와이 - ERY Translate You agree to indemnify and hold harmless E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate 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 E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate Translator and Interpreter NDA, (iv) Your failure to perform the duties of Translator and Interpreter 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 E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate’s use of any of Your deliverables under this Agreement.
10. Term, Termination, Loss of Compensation Your relationship with E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate begins on the date on which You accept and agree to this Agreement, and continues until You or E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate terminates it by giving notice. E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate may terminate this Agreement immediately upon notice to You, if You:
  • Violate this Agreement, or violate the spirit of this Agreement
  • Violate the E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate Translator and Interpreter NDA
  • Cheat, attempt to cheat, or help others to cheat on E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate tests and interviews
  • Provide Your contact information to Customers or attempt to contact Customers outside of the E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate
  • Fail to follow instructions given to You by a E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate Staff Member, Reviewer, or Language Specialist
  • Fail to communicate in a professional and courteous manner with Customers, other Translators and interpreters, or E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate staff
  • Use automated tools or means to accept jobs
  • Behave in a manner that disrupts our Service or systems
  • Create multiple E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate accounts for any reason
E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate may also, in its sole discretion, remove one or more levels of Your qualification, permanently or temporarily withhold compensation (including for jobs in progress), or terminate any of Your pending jobs.
11. General This Agreement is governed by the laws of the Republic of South Korea. Any claims or disputes shall be resolved in the courts located in Seoul, Republic of South Korea. E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate may modify this Agreement at any time. You should look at the terms regularly. If You do not agree to the modified terms for the Platform, You should discontinue Your use of that Service. This Agreement controls the relationship between E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate and You. It does not create any third-party beneficiary rights. If You do not comply with this Agreement, and we don’t act right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. You may not assign, transfer, or delegate any portion of this Agreement without E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate ‘s prior written consent. E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate may assign, transfer, or delegate any portion of this Agreement with or without notice to You. Your attempt to assign, transfer, or delegate this Agreement without E.R.Y.Co.,Ltd – 주식화사이알와이 – ERY Translate’s consent will be null and void.