小的时候，最初的最初，我所认识的爱情，只有一种模式，海枯石烂，痴心不改。而对于此刻的我，虽然它依然是爱情中最美的一种，但已不再是唯一的唯一了。

如若曾经，对爱的认识，是一个闪光的点，一条无垠的射线，那么此刻，爱情于我，已是立体的了。

爱是最初的不安，等待的煎熬，相思的焦灼；爱是过电的相触，颤瑟的相抵，轻安的相拥；爱是不安和激情，更是相知相契的友情，相濡以沫的亲情，时间积淀的恩情。爱是太过厚重的情感，绝不是一种单一的味道，个中滋味，甜酸辣苦，只有尝过的人懂，说是说不清的。

只有得到失去过，我们才对爱、对生命有了更完整的认识，若是幸运的还有失而复得的机会，请一定好好珍惜。

       关于旧情，你会被他（她）怎样的说起，又会怎样的说起他（她）。

其实，既然是分手了，多少都有一些爱恨情愁，对于旧情，若是没有放下，我会选择沉默；若是已然释怀，我会真心感激，感激曾丰盈过彼此的生命。

若是，有人对我大说特说前女友或前男友的诸多不是，无论如何我都无法尊重这样的人。若是连自己爱过的人，都不能去尊重的人，就是不尊重自己，也无法让我尊重。

至今心存感激，生命中遭遇亲近的男子，竟无不妥之人。一二旧情旧友，都是致情致性之人，从识得相交又相离，缘起缘尽，回首时，我依然真心感激生命中曾经有你。

曾陪朋友一起面对分手男友无名责难，遇人不淑的疼痛感同身受、清晰凌厉，那一刻我才知道，你曾经和一直给予我的呵护和爱惜，是多么珍贵，而那些本不是所以当然，而是你的爱护，即便是痛过却依然不改的爱护。

有人说，和曾经的旧情，永无法做朋友，而《十年》却唱着，情人最后，都成了朋友。其实能不能做朋友，就像能不能做爱人一样，都不是一个人可以决定的，只要两个中的一个认为无法做朋友，那么即便再想，我也会把这样的想法收起；若是两个人都认为相知相契过的两个人，即便不再相爱，依然可以真心的欣赏感激关心爱护，那么这样的朋友将是最珍贵难求一辈子的朋友。

说自己的旧情，沉淀了前尘往事，更多的人或许是带着甜蜜的吧，而要说起爱人的旧情呢，怕是难免会多一些酸酸的味道了。

其实，要说酸归酸，我还是不介意爱人有一些曾经的爱情故事的，俗话说浪子回头金不换，与其说后来的后来，突然想起来就我一个，要找个人比较一下；还真不如，从前的从前，你什么都经历过，遇到之后就笃定的说，就你了。我要问，不用再考虑考虑再比较比较？你或许嘴上说，不用比，不用比；心里估计正窃喜嘀咕着，还比什么，早比过了。哈哈，当然这是个玩笑话。

认真的说，我想，爱是在爱中学会的。我感激曾经爱过你或被你爱过的女子，是她们让你更加懂得爱，我这个现如今收获爱、收获你的人，还能对曾经的她们报有微词吗，当是感激吧，对，一样应该是感激。

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17 Rules for Dealing with Agencies and Direct Clients

Time: 2004-8-6 15:39

Here are a few tips (based on personal experience and accounts of colleagues):

1.      Always get your client to sign a Purchase Order.

2.      If the agency requires you to sign a contract for subcontractors, read it carefully. If there is only the slightest doubt in your mind, don't sign it.

3.      "Contract Law 101": your contract with the agency is different from and independent of the contract the agency has with its client. Some agencies always try to download the financial risk on to their translators by telling them that they will get paid as soon as they have been paid by their client. WRONG. This would go against the fundamental principles of contract law. As I said, your contract is different from theirs; even if their client never pays them (for whatever reason), they will still have to pay you on time. Recently, I heard of an agency that includes a clause in its contract ("fine print") that says that translators will be paid if and when they have received payment from their client. Do not sign an agreement like that’s it is ILLEGAL (in most jurisdictions)!

4.      "Train" your clients: explain to them, in simple language if necessary, what translation is all about. Do not accept any unrealistic demands from them (e.g., 5,000 words within 24 hours).

5.      Be strict about your terms of payment: upon initial contact with the agency (or direct client), explain your terms to them. Be polite, yet firm. Inform them that they will be subject to late-payment interest if they don't pay within the period of time stipulated. Draw up (or have them draw up) an agreement stating your terms of payment very clearly and get the agency to sign it. If they refuse, don't bother it is a clear sign that this particular agency is not trustworthy and you would not want to work for someone like that anyway.

6.      Sometimes, an agency may tell you that they cannot pay you on time because of cash-flow problems that is, after you have already sent them several reminders for payment. ALARM BELLS! This means: a) they have lousy clients themselves that don't pay them (which is not exactly a ringing endorsement of the agency and its business practices); b) their management is really sloppy; c) they are not professional; AND d) things can only go downhill from there ==> so stop accepting any new jobs from them; tell them that you may consider working for them again if and when you have been paid and if and when they have set their house in order.

7.      If you do get into trouble with an agency, again, be firm.

8.      Avoid any agencies that post jobs on the Internet but fail to give detailed background information on themselves (phone number, mailing address, etc.).

9.      Avoid clients that use free e-mail accounts such as Hotmail or Yahoo’s if an agency uses such accounts, you can rest assured that they are not legit and professional

10.  Avoid agencies that require an excessive number of words to be translated by way of a "test" that it could be a way for them to have a document translated for free. Remember: standard translation tests should not exceed 200-250 words.

11.  Regarding tests: even if the sample is only 200-250 words in length, make sure it is a self-contained text; otherwise, it might be that they are sending out small portions of a larger text to a number of translators as "tests" again, for the purposes of getting the translation for free.

12.  Beware of UNSOLICITED e-mails you receive from agencies ("we have recently come across your name and would like to invite you to join our team of translators. Please send us your CV, rates, client list, etc.") this is often a trick to "scan" the competition (they want to know who your clients are), so if you provide them with 2 or 3 professional references, they will contact them, not to verify your work, but to solicit business from your clients!

13.  Regarding references: never, under any circumstances, give out references. Giving out 2 or 3 references is common practice when applying for a permanent position, but as freelancers we cannot do that: we are legally and ethically bound to keep any and all information regarding our clients confidential. Therefore, suggest to the agency that they could send you either a 200-word test or a small job for which they would have to pay you a minimum fee ("the proof of the pudding is in the eating"). This way, the agency does not take on too much risk and you would not have to breach your clients' confidentiality. Remember: when you see a new doctor, you cannot ask the doctor for his/her patient list either!!!

14.  It is always better to forgo a potential job (in case of any doubt about the client) than to go through the hassle and headaches of chasing after your money later on.

15.  Stay away from "telemarketers": if you phone the agency, and you get a person who talks as fast as a telemarketer or used-car salesperson and does the whole "sales-pitch dance" (even though that person may strike you as being very personable), be polite and end the conversation as quickly as possible.

16.  For larger projects, charge a "retainer", or down payment, of about 25%. Demand to be paid in various phases as the project moves along. Don't beat about the bush: tell your client that you will still have to feed and clothe yourself for the duration of the project (e.g., 2 months). For example, 25% upfront, another 25% halfway through the project and the remainder upon completion of the project.

17.  If a client asks you to acquire special software or any other product (as a requirement for receiving work), please check and double-check the facts before you agree to anything. In most cases, these people are not real clients, but merely "telemarketers" or scam artists trying to sell some useless software, product, etc. Remember: as a professional translator, you should never have to *PAY* your own clients.... that would be ridiculous and insane, wouldn't it?

BUSINESS ETHICS: A CORPORATE ADVANTAGE

What Advantages do Business Practices Programs Provide to Organizations?
Business leaders increasingly recognize the direct relationship between fulfilling a company's responsibilities and corporate survival. An effective business practices program ensures:

·         A Marketplace Advantage: Customers and investors cite corporate practices and values as primary considerations in their decision-making.

·         Superior Employee Performance: Companies with sound business practices and established values report improved employee morale, reduced employee turnover and increased productivity.

·         Reputation Management: Once damaged by scandal or unethical behavior, a company's reputation may never recover - resulting in lost revenue, low employee morale and increased governmental and public scrutiny. Emphasizing responsible business conduct is the surest means of preserving a company's intangible assets.

·         Powerful Legal and Financial Incentives: International regulatory developments provide strong legal and financial incentives to corporations that establish standards of conduct and provide ethics education and training to employees.

RISK ASSESSMENT

Conducting a Global Sensing Organizational Analysis

Many organizations underestimate the importance of identifying and clarifying key issues and risks. We can assist you to maximize the global impact of your program by gathering requisite information from internal and external stakeholder groups. Numerous strategies and tools can be deployed to conduct Global Sensings. We can assist your organization to select the optimal means of gathering information necessary to your ethics initiative/program. This is also in our service coverage.

EDUCATION AND TRAINING

1.      Development and Implementation of Customized Code Documentation

While generic code documents are readily available, they will not likely address the key issues and risks of your organization. We work closely with organizations to help them develop customized code documents - grounded in best practice research - that respond to the unique needs of an organization's markets and employees. We can also provide expert guidance and assistance in advancing the stage of code development to that of actual implementation.

2.      Design and Delivery of Educational and Training Programs

Codes of conduct alone do not effectively promote responsibility and integrity in the workplace or sufficiently communicate a corporate commitment to integrity. We can develop and deliver comprehensive education and training programs - tailored to functional, management, and regional requirements - to increase employees' abilities to understand and to apply the values and standards of an organization to situations that may arise in the workplace. We work closely with organizations to design interactive programs that can be delivered in classroom, train-the-trainer, web-based, CD-Rom or video format.  

                                                  CLIENT-ORIENTED QUESTIONS

Is localization quality an aspect of work that is important to me and am I willing to pay for it? How do I perceive the value of localization (something that has to be done or as an important selling point on a global market)?

    You need to determine what your quality expectations are and what you are willing to pay to achieve them. You also need to decide whether your expectations and your budget match. It is unfair to your suppliers to expect them to provide what you are unwilling to pay for. This is a fundamental ethical issue because many potential ethical problems result from trying to cover a mismatch between expectations and what you are willing to do to obtain them. Understanding the role localization plays in your organization, and the value placed upon it, will help you select appropriate partners and keep valuable business relationships.

How do I / does my company determine the value of localization (e.g. budget, local/global market)? Is there something we are forgetting?

    You can help prevent a mismatch between your expectations for localization and the reality of your results by understanding the localization process and what is involved in obtaining the results you want. It is your responsibility to be an informed consumer who knows what to expect of your suppliers and what you will have to pay a premium to obtain. Knowledge of the localization process and its value to you and your organization will help you appropriately allocate resources and work with your partners in a fair and equitable manner. Many ethical dilemmas can be prevented by being knowledgeable about business practices and methods, and making sure that your actions accord with industry best practice.

Should I attempt to have my supplier reduce rates by telling them that "there are others out there" even though I know that these others do not make the grade and would never be chosen as our supplier?

    Keep in mind the maxim "you get what you pay for". Obtaining low prices under false pretenses will only result in poor quality and ill will if your subterfuge is discovered.

Should I tell my supplier that I am looking for a long-term relationship to get discounts even though I know I will ask for tenders the next time around?

    Making false statements to obtain discounts is always a bad idea. In the long term such tactics will also generally lead to increased costs as service providers decline to deal with you. Long term relationships also lead to increased efficiencies that can result in substantial savings that will likely outweigh any short-term savings in per-word rates you may obtain by claiming to be looking for long-term relationships. It is in your best interest to pay fair rates for the results you want to obtain.

Can I expect my supplier to deliver quality results if I know that the rates I am willing to pay are well below competitive market rates?

    Again, you get what you pay for. It is in your long-term best interest to pay a fair price for quality results. That said, if your supplier agrees to deliver quality results at an unbelievably low rate, this is a business decision to be made between you and your supplier. Remember, however, that competitive market rates are competitive for a certain level of service. Significantly lower rates may indicate that the service provided does not compare with the service of others in the market (or it may simply mean you have found a good deal).

If I know the quality of a previous translation I am using for leverage is poor, should I tell my supplier and ask that it be done properly for a fee or should I hide it?

    Open disclosure of problems will result in better results and, generally, lower cost, than failure to disclose problems. Your suppliers will recognize the source of problems and bill you for the cost of fixing them. Hiding problems will only create ill-will with your suppliers. In addition the quality of your localization project will suffer; disclosing the problems will allow your suppliers to take steps early on to help improve quality.

Can I expect my supplier to correct previous translations at little or no cost?

    Any work a supplier has to undertake (other than correcting its own mistakes) should be paid for. How the supplier and you may agree to handle this or pay for it is up to you, but correction of linguistic resources must be paid for and the supplier must be fairly compensated for time and effort. Correction of previous translations is a time-consuming task that must be taken care of to avoid future costs and quality problems.

Should I be up-front with my supplier about production delays, translation sequence and updates?

    Quality can only improve when your supplier can plan ahead to meet your needs. It is also fundamentally a matter of fairness to let your suppliers know about issues such as delays or revisions that will affect their ability to provide service in a timely manner to you and their other clients. If you try to conceal problems and, as a result your supplier loses money by making or keeping resources available, you will create a bad relationship. The more lead time you can give your suppliers to make adjustments, the easier it will be for them to provide quality resources for your project and, ultimately, to deliver quality results.

If the supplier detects errors caused by our developers, should we pay to have them fixed?

    Ultimately this is a question for you to decide in terms of your localization needs. Not all problems need to be fixed (or, indeed, can be fixed, given finite resources). Knowing where to focus your efforts will result in improved quality and business relationships. Ultimately, if you decide to fix problems your developers caused, you are responsible for the cost of fixing them, whether that means going back to your in-house developers and having them fix the problem, or paying your suppliers to fix them. If your errors will negatively impact the ability of your supplier to complete its job in a timely and efficient manner, you should generally have them fixed.

Can I expect my supplier to implement changes I make to the project as part of general services (i.e., without additional charge)?

    You cannot assume that your supplier will implement changes you request free of charge. That said, most suppliers will implement reasonable changes as part of the localization process, provided they are notified about them early on and can make the changes without extensive delay or effort. If your changes require retranslation or considerable effort on the part of your supplier, you should expect to pay for them. You should make your suppliers aware of any forthcoming changes as soon as possible to prevent wasted effort on their part and to allow them to allocate resources in the most efficient manner. Doing so will help minimize costs associated with changes.

    Not all changes are created equal. Changes such as adding files to a project prior to its start date or replacing files that have not yet entered a workflow will require adjustment of estimates, but generally will not cause problems for your supplier or result in cost increases for the remainder of a project, while changes to text after a project has begun, especially systematic changes that affect many locations in a project, can create major problems for your suppliers and will almost certainly result in your being required to pay change fees.

    It is your responsibility to deliver projects to your suppliers in a final form -- changes should be the exception rather than the norm. If you consistently find yourself requesting changes of your suppliers after projects have begun you need to examine your own processes to identify problems. Examining your own process for problems will not only make your suppliers happy, it will also help you identify problems that may be creating additional expenses in other areas. If you consistently request changes you will find your suppliers less willing to work with you over time.

Can I ask suppliers to participate in a selection process if I am reasonably sure of staying with my current supplier?

    You may request quotes from suppliers (they understand that quotes are not in any way binding), but you should not ask suppliers to participate in selection processes that will require them to spend substantial time or money if they do not stand a chance of obtaining your business. Even if you believe you will stay with your current supplier, you owe it to those in your selection process to at least evaluate their proposals and references. Suppliers will know if you have checked their references and done due diligence. If you do not do due diligence these suppliers will be unlikely to regard you seriously in the future if you do need their services.

Can I expect potential suppliers to perform sample projects at their own cost prior to any decision to use their service?

     Generally you should not expect a potential supplier to perform any sample work at their own cost unless (1) you are seriously considering them as a service provider, (2) the scope of the sample project is reasonable, and (3) you have made the nature of the sample project and its role in the selection process clear. You should never expect potential suppliers to provide sample projects to you unless they stand a reasonable and fair chance of being chosen in your selection process. Requesting sample projects from suppliers that do not stand a reasonable chance of being chosen is unfair and wastes the suppliers' time and resources. In addition you should never use real projects you would normally pay for as sample projects in order to avoid paying for them. Sample projects should be carefully chosen to provide a basis for evaluation of quality and work.

If I am dissatisfied with the performance of a supplier and am asked to provide a reference for the supplier, what can I say about my experience to the supplier's potential clients?

    Generally you will not be asked to provide a recommendation for a supplier you are unhappy with (it isn't in the best interest of the supplier to have unhappy customers serve as references), but if you are contacted about your experience you are best advised to only provide factual and substantiated criticisms in order to avoid potential liability. You may be best advised to decline to serve as a reference: the supplier's potential clients will understand that you are unhappy without you saying anything about the supplier. (At the same time, if you are unable to serve as a reference for some reason that has nothing to do with your satisfaction with a supplier, make sure that you explain this to those seeking references so that you don't send the wrong message.)

What criticisms may I direct at my supplier and under what circumstances? What criticisms may I mention to other parties?

    Positive criticism that will help improve the supplier's performance on future projects is always a good idea, provided it is factual and specific. Before making criticisms, however, you need to be make sure that the criticisms are not the result of your own actions or source material; source material should be put to the same standards as their localized versions -- it is quite common for problems in localization to be the direct result of undetected problems in the source. You should grant your supplier the opportunity to respond to criticisms prior to taking any action based on them. In many cases problems arise because of factors out of a suppliers' control (such as corruption of electronic files), or miscommunication between supplier and client.

     At the same time, if you are involved in a large project that will be delivered over time, it is your responsibility to examine the first deliverables in a timely manner and return criticism/comments promptly to your supplier so that needed adjustments can be made in the project before they cause downstream problems or require expensive (and preventable) rush fixes. If a supplier makes mistakes that you could have prevented by diligently managing your side of a project, the blame and responsibility are at least partly your own. Any criticisms should have an objective basis. If you did not provide a style guide up front, you cannot complain when a vendor fails to meet your stylistic ideals. Evaluation of translation quality can be very subjective and translations can be endlessly modified, so agree with your partners on the ground-rules for evaluation before a project begins.

     You should also consider using a formal quality metric (like the LISA QA Model) to gain a verifiable picture of project quality in addition to the subjective evaluation of reviewers. If you receive complaints from third parties such as consumers, you should independently verify them prior to complaining to your supplier. Often complaints about localization will be highly subjective, and one individual's criticism may simply reflect his or her opinion; if multiple sources make the same criticism, however, you can generally assume the complaint represents a real problem. As a matter of courtesy you should never pass on criticisms of a supplier's work to other parties without first providing the supplier with a chance to rectify the problem. Often a supplier may not be aware of a problem (and would appreciate the opportunity to fix it) or may be able to help you identify an internal source for the problem.

     Criticisms should not be made to third parties except in appropriate circumstances. For example, references are commonly asked about how suppliers have dealt with problems, and a factual discussion of a problem and its solution is appropriate in this context, as is your candid (and subjective) opinion of a supplier's performance. 

INTRODUCTION

As a reputable participant in GILT (globalization, internationalization, localization and translation) industry. We honor all the rules and ethnics set up by LISA. For your reference, here we post all the guidelines and a model contract. Should you have interests in the services we provide, please feel free to contact us.

Guidelines and Model Contract

Since 1990, the Localization Industry Standards Association has been helping companies enable global business.

    LISA is the premier not-for-profit organization in the world for individuals, businesses, associations, and standards organizations involved in language and language technology worldwide. LISA brings together IT manufacturers, translation and localization solutions providers, and internationalization professionals, as well as increasing numbers of vertical market corporations with an international business focus in finance, banking, manufacturing, health care, energy and communications.

    Together, these entities help LISA establish best practice guidelines and language technology standards for enterprise globalization. LISA offers other services in the form of standards initiatives, Special Interest Groups, conferences and training programs which help companies implement efficient international business models to provide a return on investment for their Globalization, Internationalization, Localization, and Translation (gilt) efforts.

    LISA partners and affiliate groups include the International Organization for Standardization (ISO Liaison Category A Members of TC 37 and TC 46), The World Bank, OASIS, IDEAlliance, AIIM, The Advisory Council (TAC), Fort-Ross, €TTEC, the Japan Technical Communicators Association, the Society of Automotive Engineers (SAE), the European Union, the Canadian Translation Bureau, TermNet, the American Translators Association (ATA), IWIPS, Federation Internationale des Traducteurs (FIT), Termium, JETRO, the Institute of Translating and Interpreting (ITI), The Unicode Consortium, OpenI18N, and other professional and trade organizations.

     LISA members and co-founders include some of the largest and best-known companies in the world, including

Adobe, Avaya, Cisco Systems, CLS Communication, EMC, Hewlett Packard, IBM, Innodata Isogen, Fuji Xerox,

Microsoft, Oracle, Nokia, Logitech, SAP, Siebel Systems, Standard Chartered Bank, FileNet, LionBridge Technologies, Lucent, Sun Microsystems, WH&P, PeopleSoft, Philips Medical Systems, Rockwell Automation, The RWS Group, Xerox Corporation and Canon Research, among others.

Why Do the Leading Corporations and Organizations Around the World Support LISA?

     LISA has a proven track record of partnership with governments, non-governmental organizations (NGOs) and multinational corporations. LISA helps these bodies implement best practice and language technology standards, while providing them with access to the best independent information about what it takes to manage their multiple language content efficiently to communicate effectively across cultures. LISA has held more than 45 international forums and global strategies summits in Asia, Europe and North America, as well as workshops, executive roundtables, and other events tailored to meet the needs of specific groups or industry segments. LISA's members and partners know that they can come to LISA as an unbiased information resource to learn about the cost factors, technologies and business trends that affect how they do business in an increasingly globalized and integrated world.

Why Do GILT Service Providers Support LISA?

    LISA has provided an open forum for more than twelve years for gilt service providers to discuss the business and

legal issues that affect them, and to learn from one another and from their customers. Like their clients, service

providers understand that they need to stay current on technical standards and business developments in the gilt

industry. They also know that they can rely on the largest archive of gilt-related information in the world, available

to LISA members, including all () issues of the Globalization Insider (LISA's content-packed newsletter, now in its 3rd year of publication), (2) presentations and summaries from every major LISA event since 1997, and (3) research and survey reports that indicate where the gilt industry is today and where it is headed in the future.

Introduction

    In response to numerous queries regarding ethics and business practices in the gilt (Globalization, Internationalization, Localization, and Translation) industry, LISA has developed these standards for ethical business practices in the gilt industry. The purpose of this effort is to provide a common reference for both suppliers and consumers of localization and related services as to what constitutes ethical behavior with regard to gilt-specific issues. It is not intended as a general ethical guideline for all aspects of business practice and effort.

    This document is not intended to replace ethics guidelines already in existence for various national and regional translation groups. Readers are encouraged to refer to guidelines released by any organizations to which they belong or which are considered normative for the markets in which they are active.

This project includes a set of guidelines, as well as a model contract for use in the gilt industry that specifies many of these ethical issues in a contractual form and removes them from potential debate. These guidelines are posted on-line at the LISA website, as well as provided in appropriate downloadable format. Parties involved in gilt activities are encouraged to refer to these guidelines and to make use of them in forming contracts and carrying out general business activities.

    These guidelines are intended to be practical in nature, not a comprehensive theory of ethics. As a result they

appear as a series of questions and answers that deal with specific issues commonly dealt with by gilt service providers and clients. In some instances you and your business partners may arrive at different arrangements than those specified in this document, but this document provides a general framework that describes what service/solutions providers and those purchasing services or solutions should generally expect in their business relationships. In cases of divergence from the norms established in this document, you are advised to make sure that your contracts include specific mention of areas of potential dispute.

    It is the view of LISA that ethics are the responsibility of all parties involved in localization, and that they are

all obligated to conduct business in an ethical manner that respects general business practice as well as particular

practices of the gilt industry. This document therefore consists of three parts: questions intended for suppliers of gilt services, questions intended for clients (consumers) of gilt services, and a model contract for the gilt industry. Many of the questions appear in different format in both sections since they are issues faced by both suppliers and consumers.   Although developers of tools are active within LISA, this document does not presently address ethical issues specific to them as their concerns are very different from those of service providers and their clients.

    This document represents the 12. March 2004 revision that incorporates the feedback of numerous readers. The gilt Industry Ethics: Guidelines and Model Contract was prepared by the Localization Industry Standards Association. LISA welcomes feedback on this document, which should be sent to Arle Lommel (arle@lisa.org), LISA Publications Manager.

SUPPLIER-ORIENTED QUESTIONS

Can I use Translation Memory (TM) from one client's project on another client's project (in the absence of a contractual spelling out of this)?

    In most cases use of TM from one client on another client's projects is unwise and unnecessary, and may violate intellectual property laws in many jurisdictions. In most cases reuse of materials localized for one client in another client's projects is, essentially, plagiarism. Discovery of such reuse by the client could open the localizer to legal action. In addition the degree of adaptation required to reuse client-specific material for another client would probably render such reuse more expensive than localization from scratch.

Can I use terminology from one company in developing terminology for another company?

    Some companies want you to use their terminology, while others don't. In some cases there may be no way to avoid it -- if you have already developed terminology for one company you can't simply forget that work and start from scratch. The answer depends partly on the nature of the terminology. For example, use of Microsoft terminology for Windows™ or Apple terminology for Mac OS™ applications is essential for quality localization. In general, companies should use the most "neutral" terminology possible, and avoid using trademarked terms unless discussing the particular trademarked item. Where one company has emerged as a de facto standard in a field, it is wise to use terminology that corresponds to that company's usage (if possible), unless the client makes use of different terminology. The key is to be open about methods and decisions and to check them with the client. In you would like to use existing terminology, the client should be informed of this and should be given the chance to review and approve key terminology. Most clients will want their products to be distinguished from other products, so a bit of creativity will be required.

Who should pay for extra work necessitated by errors on the client's part? on the supplier's part?

    This should be spelled out in a contract, but often is not. In general, significant additional work not part of the original budget/estimate should be billed to the client if it results from client errors, while extra work caused by vendor errors should in no case be billed to the client. What is deemed "significant" will depend in large measure on the scope of the project and the history of the client-vendor relationship.

    Clients should always be informed of errors that impact their projects, and if the vendor is aware of ways to avoid such problems in the future, the vendor must inform the client of how to avoid them. Failure to notify clients of ways they can save money will harm business relationships and will only cost suppliers in the long run.

What do I need to disclose about my methods of work (e.g., if I outsource some parts of the work)?

    It is wise to be as honest as possible as regards implemented tools, resources and general processes. Most clients appreciate openness and will better trust vendors that are open about their methods. It also saves the vendor from stumbling over client queries and complaints. The vendor also needs to make sure that any partners you work with meet your client's requirements. Some clients will not care about your methods, while other might care a great deal, so it is wise to find out whether your internal methods matter to your client. In some instances failure to disclose methods could open service providers to legal action should their methods violate contractual obligations (such as non-disclosure agreements (NDAs).

    In no cases should you claim to have certified translators working on projects unless all translators involved with a the project are certified.

Can I take a contract if I am not 100% sure of having the capacity to meet it in a timely manner?

    Theoretically no, but most vendors will risk a reasonable degree of uncertainty to take on jobs that stretch their capacity, and still manage to deliver on time. If vendors consistently miss deadlines or deliver poor quality results on a tight schedule they will lose clients. The process is one of natural selection. If there is a high probability that a project may go over time, the client must be informed of this in advance and the decision about how to proceed should be made by the client. Keep clients informed of any problems that may impact their projects.

Can I take a contract if I believe the client wants a long-term relationship that I might not be able to sustain?

    Theoretically, no, practically, yes. It depends on the degree to which you are certain the client does, in fact, want a long-term relationship. Many clients will indicate that they are looking for long-term relationships, when they are not in fact planning to do so. If you know a client is selecting a partner for small projects based on the assumption of using the same partner for larger projects you will not be able to handle, you must disclose this to the client.

If I am competing for a contract with one company and I already have a contract with its competitor, do I need to disclose this?

    No. Most clients require their vendors to sign non-disclosure agreements (NDAs), and it may violate an NDA to disclose to competitors the fact that you work for a company. It also should not affect the quality of work (except perhaps to speed it up or improve the quality). Suppliers in almost every industry supply products or services to competing companies.

If a project turns out to run significantly under a budget determined in good faith, do I have to return to the client any of the difference?

   This depends on how charges are determined. In the case of hourly work based on an estimate, funds must be returned. Every project is different, and margins will vary according to various factors such as size, terminology, updates and so on. As long as the scope and tasks agreed with the client have been fulfilled (i.e. promised corners haven't been cut) and all parties are satisfied, there is no requirement to return any funds to the client.

In most cases, however, returning funds helps cement a relationship and returning unexpected savings to clients is good business practice. Returning part or all of the difference will help establish your reputation as a fair company.

Is it OK to take contracts at a loss or below typical market rate to build up clientele?

    No. This is a real problem in many industries. Remember that clients looking for the best price above all else are not generally loyal creatures. Even if clientele is built up by charging a cut rate, this clientele will generally evaporate when the vendor is forced to charge market rates. In some cases "anti-dumping laws" may also apply, and expose you to legal action from competitors. Cut-rate pricing is not good for the industry because it generates unreal expectations and sub-par results.

If I know that claims made in something I¡¯m localizing aren't true, what should I do?

    Bring this discretely to the client¡¯s attention and ask for instructions. The client will generally tell the supplier to localize the material. If the contract has been accepted, the supplier is generally obliged to localize the material unless it violates a law or is malicious. The supplier can then choose whether or not to work for this client in the future.

If I know that, due to poor writing and/or internationalization on the client's part, something I'm localizing will be unacceptable or questionable in the target locale, but the agreed-upon budget/timeline doesn't allow me to fix the problems, how should I handle this?

    This is a problem with which suppliers are increasingly confronted. All a supplier can do is provide the client with a brief assessment of the situation and perhaps a cost estimate to remedy it. All such notifications should be in writing so that they are clearly documented and you are protected against future claims. If the client declines to take steps to fix errors, it may be wise to ask them to sign a disclaimer and never use them as a reference.

How responsible am I for fixing my client's errors?

    The client should be informed of the errors and the errors should be rectified in the localized version, if possible and applicable. If the extent of the errors is not significant, it would make good business sense to inform the client and fix them; otherwise it is up to the client to decide whether solving the problem is in the budget.

If it looks like a project is likely to run over schedule due to my own internal problems, what are my responsibilities, professionally and financially, for the results to the client?

    Responsibility be spelled out contractually, but penalties for non-completion may not be in all cases. The client should be informed of the situation as early in the project as possible (or as soon as the supplier becomes aware of the situation). There are two cases that may apply:

1. The client can give you the extra time needed to complete the project

2. The client will retract the portion of the project the supplier cannot complete and have it done elsewhere.

    The client may also require payment of damages, so situations such as these should be avoided if at all possible, and it is best to have internal emergency backup for such cases. You should also carry adequate professional liability insurance for your business.

What do I do if portions of a contract are outsourced and come back below my quality standards and I don't have time to fix them?

     Quality issues must be fixed by the supplier before delivery. It is in the best interest of the supplier to do so. If you do not have time to fix the project, the best solution is to ask the client for an extension. If the client is unwilling to provide an extension, long and sleepless nights may be the only real solution. If you are unable to deliver on time, it is your responsibility to remunerate the client and rectify the situation as quickly as possible.

What do I do if I have to work with poor-quality material from another vendor that a client uses and this will affect the quality of my results?

    The client must be made aware of the situation. This is usually best done with a brief assessment with examples and a cost estimate to remedy the situation, as well as an explanation detailing why the suggested steps are necessary for long-term quality. If the client does not want the material to be fixed, a quality disclaimer would be wise for the future.

What can I say about another vendor's poor-quality work that affects my work?

     Whatever may be said, criticism must be well-founded and documentable, and it must focus on objective measures. E.g., saying that work is "sloppy and sub-standard" is not as effective as pointing to examples of quality lapses or mistranslations. When criticizing the work of others, it is vital to avoid the impression that you are trying to obtain the other vendor's work for yourself. However, if quality truly is bad, this must be said diplomatically. A few examples the client will understand are a good start.

     Criticism is best received in the context of a trusting relationship between client and vendor. Criticism should be reserved for situations when it is justified, and should be judiciously given.

Do I need to pass on all productivity gains achieved through technology and automation?

     Many clients expect productivity to be passed on completely and often expect more than is actually feasible due to poor education and aggressive technology sales pitches. The only way for many localizers to make a profit is to keep a portion of the gains to themselves, so not all gains need to be passed on. Most gains will have been achieved through vendors' own means and not out-of-the-box applications. Some productivity must be passed on to the client, as many are well-versed in the tools of the trade and don't appreciate having the wool pulled over their eyes.

Who owns TM data and terminology?

     General business practice in the gilt industry assigns ownership of TM data to the client. Client glossaries, i.e. glossaries either provided by, or contracted by the client, are client property. Terminology of TM databases developed during a project that are not paid for can be considered non-proprietary, if researched at the supplier's own cost and not client or product-specific. However, to prevent any confusion, ownership should be contractually specified. Suppliers are recommended to state their policies on linguistic asset ownership up front. Suppliers should also include the costs of maintaining linguistics assets in contracts, and make it clear to their customers that maintenance is an important part of any project, and not something that can be left out of jobs.

If I discover that I can save significantly within a large project by applying TM or other technology after I've started work, do I need to pass these savings back to the client?

    There is no obligation for the supplier to pass any savings back to the client, as the supplier has likely created its own solution somehow for the job. However, it would make good business sense to pass some of this on to the client the next time -- if the supplier does not, the next one will.

What do I do if the client doesn't want to pay for service that I consider essential (like thorough QA) and that reflect on my performance as a service provider? I can¡¯t simply ignore these steps, but neither should I give the client what he or she is not paying for.

    It is generally best to provide clients with a rate that includes QA, and which does not allow for QA to be separated from localization tasks. Ethically speaking, QA should not be left out of the process, and if a client refuses to pay for proper QA, it is the supplier's decision as to whether this will allow it to live up to its reputation. The supplier could cut the margin on the project in question and try to add the cost somewhere the next time, but as a long-term strategy this can create real problems for the supplier.

    A client that is ISO certified should be made aware of the fact that QA is a requirement and should be done, in addition to the fact that it saves money in the long term. This also applies to suppliers who are ISO certified.

What do I need to do if I make mistakes that I discover after a project is completed and released (i.e., I can't change them now, but they do exist and the client bears the consequences)?

    The client should always be informed and supplied with an updated version of the project so that they are not using outdated materials going forward. You should also carry sufficient liability insurance to protect yourself if you face legal action as a result of problems you cause.

What sorts of criticisms from clients do I need to respond to and how?

    All criticism from clients requires a response. It is naturally always best to stay as objective as possible when dealing with complaints. If they are justified, it is always best to try and find a compromise. If not, it is best to explain why, regardless how time-consuming this can be. Only if legal action is threatened or unavoidable should the supplier dig his/her heels in (providing the criticism is unjustified). The client is always right, so if it is simply a matter of style, then just take a deep breath and change it. The client will be happy and return.

    Contract should specify a process for conflict resolution so that, in the event of a serious disagreement, there is a mutually-acceptable method for assigning responsibility and determining the course of resolution. When faced with non-specific criticism of your work (e.g., "our customer said your translation is very poor"), you should also request specific instances of problems so you can determine the validity of complaints and respond appropriately.

May I use the names of clients in promotion of my business?

     Absent any legal reason not to (such as an NDA), you may include a list of current and former clients in your promotional material, but realize that doing so is an invitation for potential clients to contact these companies in evaluating your services, so you should not include companies likely to have anything negative to say about your services or business (for whatever reason). It is a good idea, to ask your clients if you can mention them in your materials in case there is any reason they may not want to be included. List only clients for whom you have worked directly, not those who originate jobs you may have worked on under contract to a third party. Do not list companies as clients for whom you have not carried out full-scale projects.

    In any event you should never mention a client in any way that might be construed as an endorsement of your services without express permission to do so (even if you know the customer is happy with your service). Many clients are forbidden from endorsing products or services, and using their names in promotional materials could have legal and/or business consequences. If you are in doubt about using a company's name in your materials, discuss the matter with your contact(s) in the company. It would generally be fine to include a statement such as "Clients include..."(a factual statement), but not "Satisfied clients include..."(a value judgment) unless your clients have agreed to be listed and know how their names are to be used.

这篇很长，千万别睡着了！但咀嚼着看完后你或许会豁然开朗！

文化的内涵是什么?

--- 兼答Lady的问题

我本不是什么“文化人”,更与‘文化学者’沾不上边,但时刻生活在我们的文化中,自然就会有对于文化的由感知到逐步认知的阅历,此当不属为怪,但也必然会有我认知的局限性。在回答主题提问之前,我觉得有必要搞清楚到底什么是我们时常挂在嘴边的“文化”.我当然难以给出严谨的文字定义来回答这一问题。所以这里只好以兰色字体把一些“大家”的阐释或定义引述于下。我就在这些陈述中间添加些黑体解注,以阐明我的观点。

文化是社会学与其他人文科学研究的基本问题之一。广义的文化是指人类创造的一切物质产品和精神产品的总和。狭义的文化专指语言、文学、艺术及一切意识形态在内的精神产品。

词源 “文化”一词在西方来源于拉丁文Cultura，原义是指农耕及对植物的培育。自15世纪以后，逐渐引申使用，把对人的品德和能力的培养(当政者认可的品德是能力之所以为能力的前提)也称之为文化。在中国的古籍中，“文”既指文字、文章、文采，又指礼乐制度、法律条文等。“化”是“教化”、“教行”的意思(诸子百家的学说或‘道德’经多为此范畴，是一些‘刚性’的教条，很多业已容入国人、包括当政者的血液)。从社会治理的角度而言，“文化”是指以礼乐制度教化百姓。汉代刘向在《说苑》中说：“凡武之兴，谓不服也，文化不改，然后加诛”。此处“文化”一词与“武功”相对，含教化之意。南齐王融在《曲水诗序》中说：“设神理以景俗，敷文化以柔远”。其“文化”一词也为文治教化之意。文化一词的中西两个来源，殊途同归，今人都用来指称人类社会的精神现象，抑或泛指人类所创造的一切物质产品和非物质产品的总和。历史学、人类学和社会学通常在广义上使用文化概念。

文化概念的界定：文化一词尚无统一的定义。在近代，给文化一词下明确定义的，首推英国人类学家E．B．泰勒。他于1871年出版了《原始文化》一书。他指出：“据人种志学的观点来看，文化或文明是一个复杂的整体，它包括知识（在不断更新积累，应不存在阻制制度变革的因素，但有滞后效应。法国的启蒙运动实际就是在努力消解这种滞后效应）、信仰（政教分离使之与体制变革不存在必然的冲突）、艺术（有阶级性，但更与个体知识修养，成长环境有关）、伦理道德（具有延续性，指人常之理）、法律（在中国的特定历史环境下，主要或完全反映统治阶级的意志。只是百姓没有机会参与，不代表没有这样的意愿，更不代表不会行使制定反映他们诉求的法律的权利。正因为缺少正常的表达通道，当矛盾积聚到一定程度后，只有采用暴力的方式加以解决。这时，统治阶级意识到很多诸子百家的教化所蕴涵的价值，故极力加以倡导）、风俗和作为一个社会成员的人通过学习而获得的任何其它能力和习惯（潜移默化是也！）。”

英国人类学家B．K．马林诺夫斯基发展了泰勒的文化定义，于20世纪30年代著《文化论》一书，认为“文化是指那一群传统的器物，货品，技术，思想，习惯及价值而言的，这概念包容着及调节着一切社会科学。我们亦将看到：社会组织除非视作文化的一部分，实是无法了解的（反过来，社会组织形态也随着生产力的提高和生产关系的改变而改变着它所代表的这部分文化。必须懂得文化中没有真正刚性的东西，It is a dynamic, evolving process）。”他还进一步把文化分为物质的和精神的，即所谓“已改造的环境和已变更的人类有机体”两种主要成分（我们Lady的西方文化思维二元论在这里的应验。不过，《易》书也是关于天地、阴阳、四时、五行的规律，充斥着二元对立统一的智慧。当然，读它的目的主要在于懂得在现行制度、环境下的变通）。 
 

用结构功能的观点来研究文化是英国人类学的一个传统。英国人类学家A．R．拉德克利夫—布朗认为，文化是一定的社会群体或社会阶级（所以，讲文化不要过于‘中庸’，要懂得适度的分割。不然，遇着反对时，你便会找不着立场，直至人云亦云。我的立场非常明确：是普通民众的立场，而不是孔老二在自己失意后还要著述《春秋》来向统治者传授所谓‘治国之道’的立场。他传授的是‘牧’民的学说）与他人的接触交往中习得的思想、感觉和活动的方式。文化是人们在相互交往中获得知识、技能、体验、观念、信仰和情操的过程。他强调，文化只有在社会结构发挥功能时才能显现出来，如果离开社会结构体系就观察不到文化（这一点很重要，是我多次强调制度变革需要、而且可以先行的原因。软性文化部分是会自然地做自我调节的）。例如，父与子、买者与卖者、统治者与被统治者的关系，只有在他们交往时才能显示出一定的文化。

法国人类学家C．列维—斯特劳斯从行为规范和模式的角度给文化下定义。他提出：“文化是一组行为模式，在一定时期流行于一群人之中，……并易于与其它人群之行为模式相区别，且显示出清楚的不连续性”（国人老是拿所谓的‘传统’说事，实则是缺少思辩能力的表现）。英国人类学家R．弗思认为，文化就是社会。社会是什么，文化就是什么。他在1951年出版的《社会组织要素》一书中指出，如果认为社会是由一群具有特定生活方式的人组成的，那么文化就是生活方式。美国文化人类学家A．L．克罗伯和K．科拉克洪在1952年发表的《文化：一个概念定义的考评》中，分析考察了100多种文化定义，然后他们对文化下了一个综合定义：“文化存在于各种内隐的和外显的模式之中（我说过，制度就有这种能量！），借助符号的运用得以学习与传播，并构成人类群体的特殊成就，这些成就包括他们制造物品的各种具体式样，文化的基本要素是传统（通过历史衍生和由选择得到的）思想观念和价值，其中尤以价值观最为重要（什么是价值观？还是存在阶级性。民众生活的核心价值(比如中国社会通行的'实用主义')不会因为时代的变化而出现根本的改变。随着物质文明的进步，期望值会有所改变。但总是期望一个和平、安定、富足的家的生活。这是统治者的理解。但文明的进步也使很多人认知了‘权利’和‘自由’等新观念，这些也是核心价值！这就需要制度变化来加以因应，并不需要因此而改变过往的那些 ‘核心价值’。‘马照跑，舞照跳’只会跑跳得更自由，花样更多。）。”克罗伯和科拉克洪的文化定义为现代西方许多学者所接受。

上述各种文化定义，互有长短，反映了近现代人类学家、社会学家和社会心理学家对文化认识的历史过程。 
 

文化的要素 主要包括：

①精神要素，即精神文化。它主要指哲学和其他具体科学、宗教、艺术、伦理道德以及价值观念等，其中尤以价值观念最为重要，是精神文化的核心。精神文化是文化要素中最有活力的部分，是人类创造活动的动力（这里的‘创造’‘活力’当然包括对自身的再创造，也是一种因变，不仅是应变，能力。所以，在‘求变’成功之后，‘因变’也应该不是个问题）。没有精神文化，人类便无法与动物相区别。价值观念是一个社会的成员评价行为和事物以及从各种可能的目标中选择合意目标的标准。这个标准存在于人的内心，并通过态度和行为表现出来、它决定人们赞赏什么，追求什么．选择什么样的生活目标和生活方式。同时价值观念还体现在人类创造的一切物质和非物质产品之中。产品的种类、用途和式样，无不反映着创造者的价值观念。

②语言和符号。两者具有相同的性质即表意性，在人类的交往活动中，二者都起着沟通的作用。语言和符号还是文化积淀和贮存的手段。人类只有借助语言和符号才能沟通，只有沟通和互动才能创造文化。而文化的各个方面也只有通过语言和符号才能反映和传授。能够使用语言和符号从事生产和社会活动，创造出丰富多彩的文化，是人类特有的属性。

③规范体系。规范是人们行为的准则，有约定俗成的如风俗等，也有明文规定的如法律条文、群体组织的规章制度等。各种规范之间互相联系，互相渗透，互为补充，共同调整着人们的各种社会关系。规范规定了人们活动的方向、方法和式样．规定语言和符号使用的对象和方法。规范是人类为了满足需要而设立或自然形成的，是价值观念的具体化。规范体系具有外显性，了解一个社会或群体的文化，往往是先从认识规范开始的（提醒一下，规范个体间关系的建筑于已有价值观的规范体系与现代国家保障民众基本权利的法律制度不存在冲突，因为，新的体系中就包含过往形成的价值理念和标准）。

④社会关系和社会组织。社会关系是上述各文化要素产生的基础。生产关系是各种社会关系的基础。在生产关系的基础上，又发生各种各样的社会关系。这些社会关系既是文化的一部分，又是创造文化的基础。社会关系的确定，要有组织保障。社会组织是实现社会关系的实体。一个社会要建立诸多社会组织来保证各种社会关系的实现和运行。家庭、工厂、公司、学校、教会、政府、军队等都是保证各种社会关系运行的实体。社会组织包括目标、规章、一定数量的成员和相应物质设备在内，既包括物质因素又包括精神因素。社会关系和社会组织紧密相联，成为文化的一个重要组成部分。（这是文化中的‘制度’因子。当制度发生改变后，首先要重新确定的是生产关系和各类社会组织形态。在中国主要需要解决的是产权重新界定和确认。否则，变化只会为‘权贵’阶层带来巨大的好处与事实上的公产‘瓜分盛宴’！现今已在大量发生或已经发生！）

⑤物质产品。经过人类改造的自然环境和由人创造出来的一切物品，如工具、器皿、服饰、建筑物、水坝、公园等，都是文化的有形部分。在它们上面凝聚着人的观念、需求和能力。

文化的一般特征 主要有：

①文化是由人类进化过程中衍生出来或创造出来的。自然存在物不是文化，只有经过人类有意无意加工制作出来的东西才是文化。例如，吐痰不是文化，吐痰入盂才是文化；水不是文化，水库才是文化；石头不是文化，石器才是文化等。

②文化是后天习得的。文化不是先天的遗传本能，而是后天习得的经验和知识。例如，男男女女不是文化，“男女授受不亲”或男女恋爱才是文化；前者是遗传的，后者是习得的。文化的一切方面，从语言、习惯、风俗、道德一直到科学知识、技术等都是后天学习得到的。

③文化是共有的。文化是人类共同创造的社会性产物，它必须为一个社会或群体的全体成员共同接受和遵循，才能成为文化。纯属个人私有的东西．如个人的怪癖等，不为社会成员所理解和接受，则不是文化。

④文化是一个连续不断的动态过程。文化既是一定社会、一定时代的产物，是一份社会遗产，又是一个连续不断的积累过程。每一代人都出生在一定的文化环境之中，并且自然地从上一代人那里继承了传统文化。同时，每一代人都根据自己的经验和需要对传统文化加以改造，在传统文化中注入新的内容，抛弃那些过时的不合需要的部分。

⑤文化具有民族性和特定的阶级性。一般文化是从抽象意义上讲的．现实社会只有具体的文化，如古希腊文化、罗马文化、中国古代文化、中国现代文化等。具体文化受到诸多条件的制约，其中最主要的是受自然环境和人们的社会物质生活条件的制约。如有石头，才有石器文化；有茶树，才有饮茶文化；有客厅和闲暇时间、才会有欧洲贵族的沙龙文化。文化具有时代性、地区性、民族性和阶级性。自从民族形成以后，文化往往是以民族的形式出现的。一个民族使用共同的语言，遵守共同的风俗习惯，养成共同的心理素质和性格，此即民族文化的表现。在分裂为阶级的社会中，由于各阶级所处的物质生活条件不同，社会地位不同．因而他们的价值观、信仰、习惯和生活方式也不同，出现了各阶级之间的文化差异。

文化是由各种元素组成的一个复杂的体系。这个体系中的各部分在功能上互相依存，在结构上互相连结，共同发挥社会整合和社会导向的功能。然而特定文化有时也成为社会变迁和人类自身发展的阻力。

所以，我的观点是不要把制度与文化对立起来，或者认为某种文化无法在另一种制度下存活，或者把它们看成是不可调和的对立体，亦或是它们的关系错综复杂,难以理清头绪…… 如果说确实存在对立的话，那还是既得利益的统治阶级不愿放弃既得与广大民众对自身‘天赋人权’诉求的暂时难以调和罢了。

在极为讲究实际、世风日下的当今社会﹙中国封建社会又何曾真正有过世风高尚？﹚，我的关注点却在这些方面，显得荒谬﹙如果不是愚蠢的话！﹚又不合时宜，更是不懂得‘与时俱进’还要制造‘不和谐’，可谓名副其实的Trouble-maker．Holy Shit！But, Let's cheers! Anyway!

兰色字体部分来自《中国大百科全书——社会学》