Re:Tell HN: Are you sure you understand 'indemnity'
by macksd on Wednesday September 15, 2021 @10:50AM
(#28539846)
Oh that's interesting. I'm very curious if you're able to share the actual wording of the clause?
Re:Tell HN: Are you sure you understand 'indemnity'
by Guid_NewGuid on Wednesday September 15, 2021 @10:55AM
(#28539938)
I don't want to post anything too identifiable on my throwaway but I'll post a modified excerpt:
"[you will] indemnify the company from [...] all claims, damages, liability, settlement, attorneys’ fees and expenses [from] any breach of [the contract] or any other action or inaction [you did]"
What I wanted to flag was that if you transition from a FTE in your country's legal framework to a contractor in order to work remotely one might not be familiar with the term.
The way I interpreted it is as follows:
"If you mess up and our users or other parties begin a lawsuit against us then you're fully liable for all our costs and there is no limit on how much we may sue you/charge you for".
Which is more technically exact but coming from a FTE background effectively the same. Since bugs are unavoidable in software it's a terrifying clause to have in a contract.
Edit: I luckily wasn't caught by this but realised after a bug related to payment processing I had the clause in my contract and was able to get it removed. I was just horrified that my brain filled in "yeah from context that kind of sounds like a liability waiver" when it meant the opposite.