Liability Clause for Translator: HELP please 스레드 게시자: Jane Lamb-Ruiz (X)
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Jane Lamb-Ruiz (X) 
프랑스어에서 영어
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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 ari... See more 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
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| | | | Steffen Pollex (X)
Local time: 13:43
영어에서 독일어
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| 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 th... See more \"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. 
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] ▲ Collapse
| | | | StefanR
Local time: 13:43
영어에서 독일어
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| 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
스페인
Local time: 13:43
아프리칸스어에서 스페인어
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| Do not sign it anyway | Mar 1, 2003 |
Even if you think you are protected...
[addsig]
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Jane Lamb-Ruiz (X)
프랑스어에서 영어
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주제 스타터
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
| | | | PaulaMac (X)
프랑스어에서 영어
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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 (X)
영어에서 폴란드어
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| Jane Lamb-Ruiz (X)
프랑스어에서 영어
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주제 스타터
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 cli... See more 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! ▲ Collapse
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