Übersetzung – Kunst und Geschäft » Money matters »
Unreasonable contract terms ?
Initiator des Themas: Tone Halling
Tone Halling
Tone Halling  Identity Verified
Norwegen
Local time: 12:32
Mitglied (2004)
Englisch > Norwegisch
+ ...
Dec 2, 2002

Hi,



An agency has sent me a contract/service agreement containing a clause regarding indemnity that I find quite stiff. Here is the clause in question:



\"You agree, upon demand, to imdemnify us (which for the purposes of this clause includes our employees, agents and sub-contractors), and keep us indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by us to the extent that the same are caused by or related to:
... See more
Hi,



An agency has sent me a contract/service agreement containing a clause regarding indemnity that I find quite stiff. Here is the clause in question:



\"You agree, upon demand, to imdemnify us (which for the purposes of this clause includes our employees, agents and sub-contractors), and keep us indemnified, from all losses, damages, injury, costs and expenses of whatever nature suffered by us to the extent that the same are caused by or related to:

A) materials or drawings given to us by you in relation to the provision of the Services;

B) any breach of warranty given by you in this clause 4; or

c) any other breach by you of these terms of business.\"



I\'m not a legal expert, but it seems to me that this entails almost unlimited liability. Should not such a clause contain a reasonable upper limit?



Grateful for any input,

Tone Halling





▲ Collapse
 
Evert DELOOF-SYS
Evert DELOOF-SYS  Identity Verified
Belgien
Local time: 12:32
Mitglied
Englisch > Niederländisch
+ ...
'Unreasonable' would be an understatement Dec 3, 2002

For what it\'s worth:



Only very rarely do I agree to accept full responsibility for a translation I submit, yet never when I haven\'t even seen the source text.



The end client, in casu the agency who sent you this, is responsible for whatever s/he publishes or submits.

Especially when it comes to agencies who charge anything up to 0.40 per source word, claiming they have all their translations proof-read and edited.



I have ... See more
For what it\'s worth:



Only very rarely do I agree to accept full responsibility for a translation I submit, yet never when I haven\'t even seen the source text.



The end client, in casu the agency who sent you this, is responsible for whatever s/he publishes or submits.

Especially when it comes to agencies who charge anything up to 0.40 per source word, claiming they have all their translations proof-read and edited.



I have received several such contracts over the years and simply don\'t sign them.

Even if this means I miss out on many assignments.



Don\'t get me wrong here: if I\'d make a mess of a translation and the agency can indeed prove this to me, I\'ll happily deduct my word rate, or review the complete text, or pay someone else to have a closer look at it.



Good luck anyway.
[addsig] ▲ Collapse
 
Tanja Abramovic (X)
Tanja Abramovic (X)  Identity Verified
Englisch > Serbisch
+ ...
Just a formality Dec 11, 2002

I also signed a lot of such contracts (I live in the U.S., where they are really binding). However, no one had ever complained about anything and I was always paid on time (normally, the translations were professional and of high quality).

I think that such wording in the contracts is just a formality and that you shouldn\' t worry.



Good luck,

olyx
 


To report site rules violations or get help, contact a site moderator:

Moderatoren dieses Forums
Andriy Bublikov[Call to this topic]
Rita Pang[Call to this topic]
James Heppe-Smith[Call to this topic]

You can also contact site staff by submitting a support request »

Unreasonable contract terms ?







Wordfast Pro
Translation Memory Software for Any Platform

Exclusive discount for ProZ.com users! Save over 13% when purchasing Wordfast Pro through ProZ.com. Wordfast is the world's #1 provider of platform-independent Translation Memory software. Consistently ranked the most user-friendly and highest value

Buy now! »
Pastey
Your smart companion app

Pastey is an innovative desktop application that bridges the gap between human expertise and artificial intelligence. With intuitive keyboard shortcuts, Pastey transforms your source text into AI-powered draft translations.

Find out more »