![]() This Agreement constitutes a contract for the provision of services and not a contract of employment and accordingly the IC will be fully responsible for and will indemnify and keep indemnified the Company in respect of any income tax, value added tax and national insurance and social security and any other liability, loss, damage, cost, expense, deduction, contribution, assessment, penalty, fine or interest arising from or made in connection with any claim that, through the provision by the IC or any sub-contractors of the Translation Services, the IC and/or any of its employees or sub-contractors are employees of the Company."Īpart from the fact that it looks like the last bit is ungrammatical, it's way too much to be promising. For one thing, insurers and professional associations have a certain authority, and have to be respected, and for another, translators can then stand together and force agencies to be reasonable, instead of just finding a translator who does not read the NDA properly. It might be an idea to consult national professional associations like the ATA or CIoL - the ITI model is mentioned above, so they at least have thought about it. ![]() The next question is: why would I be liable anyway, to all the agency's employees, suppliers, friends and neighbours, with whom I have no contractual relation? A translator may be responsible for his/her own actions or negligence in some ways under tort law, but that is not the same as liable to 'everyone and his dog'. Beyond that, however, I simply do not have the financial capacity to pay enormous amounts to undefined groups of people. I have an insurance policy that covers events like fire, theft and computer virus as well as quite a tidy sum in professional liability. Some send me the job anyway, and some find another translator, usually saying my rates are too high, or because I don't have time within their deadline, but then it is up to them. ![]() I inform clients in the USA, for instance, that my indemnity insurance does not cover work I may do for them, and that I translate into UK English, not US English. ![]()
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