Thanks Tuvia.
>I most definitely would not sign that.
>
>IANAL, and this in no way is to be considerd legal advice.
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>My understanding is that if they are hiring your corporate entity, you personaly are shielded. As to the company itself, it is a standard fact of law that a person can initiate atort action for damages in cases of negligence, even if it does not say that in the contract.
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>However if you put a clause that says you are not liable even in a case of negligence, it is propbably meaningless, so I would not even bother.
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>From a practical standpoint, negligence in programming is difficult and sometimes close to impossible to prove. There are no standards by which negligence can easily be determined. Maybe not having backups.
>
>>Hi,
>>do you think that this is a reasonable clause in a contract?
>>
>>"Consultant's total liability under this Agreement for damages, costs and expenses shall not exceed the total amount of fees paid to Consultant by Client under this Agreement, save where such damages, costs and expenses arises out of the negligence or misconduct of Consultant."
>>
>>If you were the consultant, would you sign this?