Liability Clause for Translator: HELP please
Thread poster: Jane Lamb-Ruiz

Jane Lamb-Ruiz  Identity Verified
French to English
+ ...
Mar 1, 2003

Hi Everybody:


Here\'s a clause I got and I can\'t remember what has been said in the past about this kind of thing. I am reluctant to sign it. Opinions appreciated.


4. LIABILITY

Because of the independent status of Contractor, it is solely and completely accountable for the services it provides to the client, and neither the client nor its customers and clients, nor The Translation Company, shall have any liability whatsoever to any party arising out of services provided by Contractor or its personnel. The Translation Company will not indemnify Contractor for any liability incurred by Contractor, its agents or employees.


Does this paragraph mean that the Agency\'s Client can sue me and the Agency washes its hands? It says I am solely responsible to the Client but isn\'t MY client the Translation Company??? And NOT their client???


Thanx



 

Steffen Pollex  Identity Verified
Local time: 19:33
English to German
+ ...
This is the way I understand it Mar 1, 2003

\"neither the client nor its customers and clients, nor The Translation Company, shall have any liability whatsoever to any party arising out of services provided by Contractor or its personnel. The Translation Company will not indemnify Contractor for any liability incurred by Contractor, its agents or employees.\"


Wouldn\'t you see it the way that the agency is trying to get money for nothing, and the responsibility is all yours?! But, in this case, what would you need the agency for?


IMO, this is rubbish and should not be legally enforcable. But if you sign it, how would you know?


I am pretty sure, anyway, that you will have a lot of headache afterwards. Maybe even the agency will disappear.


So, kick them. It\'s too obvious they are trying to cheat you, and, maybe, even the client.


Save your energy and have yourself a good time instead!


Nice cashcow, though. Maybe I should try this myself? But way too clumsy. Lacks elegance. icon_smile.gif

BTW,I remember a few good contributions by Mats Wiman in past discussions. Check the forums.


Salem

Steffen

[ This Message was edited by:on2003-03-01 17:06]


 

StefanR  Identity Verified
Local time: 19:33
English to German
+ ...
I wouldn't sign such a liability clause Mar 1, 2003

Yes, it means the translation agency tries to place the whole responsibility on you, the translator. It sounds like the translation agency itself doesn\'t have any quality control set-up and just forwards jobs straight to its clients.


Unless you are insured for such liabilties (and there are insurance companies who sell policies for translation mistakes)do not sign it.


Stefan



 

Egmont
Spain
Local time: 19:33
Afrikaans to Spanish
+ ...
Do not sign it anyway Mar 1, 2003

Even if you think you are protected...
[addsig]


 

Jane Lamb-Ruiz  Identity Verified
French to English
+ ...
TOPIC STARTER
The Agency Mar 1, 2003

I don\'t think they are fly by nite. And isn\'t the agency supposed to keep confidential who the translator is? It would seem to me that that is the best way to do it. We can\'t know who their client is so why should their client know who I am?


cheers thanx for suggestions


 

xxxPaulaMac
French to English
+ ...
Don't! Mar 1, 2003

Hi Jane - you\'re right - the translation agency is your client. The end user is THEIR client. Your only responsibility / liability is to the agency. It\'s such a crummy way for them to protect themselves at all costs. I would decline to sign it and see what they say.

Have a good weekend


 

Jacek Krankowski  Identity Verified
English to Polish
+ ...
Another gimmick Mar 1, 2003

This seems to be another preposterous version of the (in)famous indemnity clause not to be signed:


http://www.proz.com/?sp=bb/viewtopic&post=45838#45838


Also:

http://www.proz.com/?sp=bb/viewtopic&post=43724#43724


 

Jane Lamb-Ruiz  Identity Verified
French to English
+ ...
TOPIC STARTER
Didn't sign Mar 2, 2003

I dissected the clause and realized there is confusion between who is whose client. The Agency is my client and the Client is theirs. Yet the text says \"it is solely and completely accountable for the services it provides to the client\". This confuses the issue because it is not clear whose has a relationship with whom. Anyway, I have told them that as worded I cannot sign it. They have to be responsible to their client and I have to be responsible to the Agency. By confusing the notion of client, the Agency would in fact be putting me in a poor position. Thanx for your opinions!

 


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