All TEPers with Nirvana-Boya must be over the legal age of his or her country and must be over the age of 18. Anyone who misrepresents his/her age will be denied the qualification as a TEPer with Nirvana-Boya.
This agreement is made between Nirvana-Boya (Beijing) Translation Services Co. Ltd, a language consulting agency headquartered at 7th Floor Haidian Tech Building, No.5 Zhongguancun South St., Haidian Dist. Beijing, 100102 (“Nirvana-Boya”) and our translators, editors and proofreaders (abbreviated as TEPers) both full-time and part-time. A TEPer must agree to the following terms before getting admitted by Nirvana-Boya.
All TEPers with Nirvana-Boya must be over the legal age of his or her country and must be over the age of 18. Anyone who misrepresents his/her age will be denied the qualification as a TEPer with Nirvana-Boya.
Anyone over the legal age of his/her country and with excellent language competence and professionalism can apply to become a Nirvana-Boya TEPer by sending his/her CVs to the HR Function of Nirvana-Boya via email. Applicants will be required to complete one or more tests on their language competence. The tests will be judged by Nirvana-Boya in its sole discretion. Any applicant failing the test can re-apply to a second try after one month. But after 3 failures, he/she will not be able to re-take the test any more.
Upon passing the test, the applicant will receive an information-collection table from Nirvana-Boya. The applicant agrees to fill in the table with real information including but not limited to name, gender, ID number, bank account, cell phone number, email address, etc. The information will never be disclosed to the public. Nirvana-Boya will use the information for job assignment, payment and any other interaction between Nirvana-Boya and its TEPers only.
The Translator shall agree to provide high quality translation using reasonable skills and care when working on each job. He/she must consistently meet the standards of translation he displayed in testing. Editors and proofreaders shall check the translated works with due rigorousness. Before taking on a TEP job, TEPers will be notified of the deadlines of their work. TEPers shall always deliver the Translated Works, Edited Works and Proofread Works before the deadlines. And predictable failure in timely delivery of the translated, edited and proofread works shall be reported to the Project Manager beforehand. Nirvana-Boya will continuously conduct performance appraisal based on the delivery of their works and the feedbacks from senior posts. If a TEPer fails to meet the quality standards and time commitment, he/she may receive one of the following:
Which results in a formal warning. Receiving two Yellow Cards in one month (30 days) or in two back-to-back projects will be equivalent to receiving a Red Card.
Which results in the removal of one or more levels of qualification.
Which results in the cancelation of qualification as a Nirvana-Boya TEPer.
To restore a revoked qualification, the TEPer will have to retake and pass the tests again. In exceptional circumstances, Nirvana-Boya reserves the right to remove any and all qualifications without warning.
By agreeing to the above TEPer Agreement, TEPers are also bound by and accept the terms of the Nirvana-Boya TEPer NDA. Our NDA requires, among other things, that you do not reproduce or otherwise distribute clients’ content. You agree to treat all clients’ source texts in confidence; any use of clients’ info, mention or discussion of clients’ content outside of direct communication with the clients or Nirvana-Boya staff is strictly prohibited. For example, you shall not discuss the content or client of any jobs you work on with other TEPers (except for those working on the same jobs with you), clients, family members, friends, and any other people who is not entitled to the content of the job. You shall not post the content of the job on any website including but not limited to Renren, Sina Weibo, Twitter, Facebook, your blog, etc. In addition, for jobs that require you to download content, you must agree to delete all original content within 30 days. The original source file is the property of the client; by possessing it past 30 days you would be violating this Agreement. You may keep your translation, but may not use it publicly – as a translation sample or otherwise.
TEPers shall agree to follow Nirvana-Boya Style Guide when working on jobs. The Style Guide will be updated from time to time by Nirvana-Boya, and sent to the email addresses provided by TEPers to Nirvana-Boya. TEPers shall adhere to the latest version of the Style Guide.
TEPers agree to fulfill the obligations and work in the best interest of Nirvana-Boya.
1) Problem Reporting
If a TEPer notices any problem within any job, he/she shall be proactive to report the problem to the Project Manager. Possible problems in a job include but not limited to:
The wrong language pair
The content is unsuitable according to Nirvana-Boya policies or the laws and regulations of P.R.China
The word-count is wrong
2) Quick Response to Feedbacks
TEPers may receive feedbacks (such as requests for correction) from Project Manager or other stakeholders of the project. Upon receiving such feedbacks, the TEPer should respond to them as soon as possible. Otherwise, he/she shall be held accountable for any loss of Nirvana-Boya resulted from any delayed response.
TEPers will receive an email every month from Nirvana-Boya for confirmation of their payment. The email will cover but not limited to a list of jobs the TEPer worked on in the previous month, the detailed information of each job, and the total payment. If there should be any alleged miscalculation of the payment, TEPers can notify the Finance Function at Nirvana-Boya within 72 hours right after receiving the email. If the TEPer does not notify Nirvana-Boya of any such miscalculations, the payment shall be deemed confirmed, and he/she shall get paid by Nirvana-Boya for the works and services via bank/electronic transfer within 15 days of the reception of the email.
TEPers agree that all right, title, and interest in any copyright material including but not limited to all written text Nirvana-Boya receives from TEPers and arising out of, or in connection with, performing the services for Nirvana-Boya are the sole property of Nirvana-Boya.
You agree to indemnify and hold harmless Nirvana-Boya and its affiliates and staff from and against all taxes, losses, damages, liabilities, costs and expenses, including attorneys’ fees and other legal expenses, arising from or in connection with (i) your negligent, reckless or intentionally wrongful acts, (ii) your breach of any of the terms or covenants contained in this Agreement and the corresponding Nirvana-Boya TEPer NDA, (iii) your failure to perform the duties of a TEPer in accordance with applicable laws, rules and regulations, or (iv) any violation or claimed violation of a third party’s rights resulting in whole or in part from the Nirvana-Boya’s use of your deliverables under this Agreement.
A TEPer’s relationship with Nirvana-Boya begins on the date on which he/she is officially listed in the talent pool of Nirvana-Boya.
A TEPer can terminate the relationship at any time, if he/she has finished all jobs assigned to him/her. TEPer shall send a written notification to Nirvana-Boya via email to inform the company of his/her decision. If the TEPer sends such notice to Nirvana-Boya, the corresponding decision by Nirvana-Boya takes effect within 72 hours.
Nirvana-Boya does not waive the right to terminate the relationship between the company and the TEPer. If a TEPer commits any of the following offenses, he/she will receive a formal warning from Nirvana-Boya via email. If any of these offenses is committed a second time, Nirvana-Boya has the right to terminate the relationship immediately:
Failure to follow instructions given to you by a Nirvana-Boya PM
Careless behavior that causes any loss and harm to Nirvana-Boya
Violation of this TEPer Agreement
Cheating, attempting to cheat, or aiding others in cheating on Nirvana-Boya tests
Outsourcing jobs from Nirvana-Boya to others
Violation of the Nirvana-Boya TEPer NDA, Style Guide and other policies
TEPer agrees that any claim or dispute arising from his/her cooperation with us shall be governed by the laws and regulations of the People’s Republic of China without regard to the conflict of law provisions thereof. He/she further agrees that any such claims or disputes shall be resolved in the basic people’s courts and the intermediate people's courts located in Mainland China, and he/she agrees to be subject to the personal jurisdiction in, and the exclusive venue of, such courts and waive objection to such jurisdiction and venue for the purpose of litigating any such claim or dispute.
This version of the agreement was created on September 1st, 2013. This Agreement covers all aspects regarding the ordering of services provided by Nirvana-Boya. This Agreement will be amended at the sole discretion of Nirvana-Boya from time to time. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Unless a TEPer tells Nirvana-Boya, otherwise, his/her acceptance of this Agreement means he/she agrees to be bound by any changes to or further versions of this Agreement.