Want a Language Clause in Your Contracts?
How specific do you want to be about the language of your terms and conditions?
Suppose you have your copyright information or software license translated or localized into a variety of languages, and somebody exploits a mistake or misunderstanding or mistranslation. How do you cover yourself?
Here’s an example from the Terms and Conditions for Carbonite, a provider of online backup:
English Language
These Terms and Conditions of Use were negotiated and written in English. Any inconsistency between the Terms and Conditions of Use as expressed in English and any other language shall, to the full extent permitted by applicable law, be resolved by reference to the English version. Les parties ont convenu de rediger cette entente en anglais.
Is this a good way to leave yourself an out? Carbonite’s attorneys and management must think so. Ask yours.
John White of venTAJA Marketing is a localization project manager and consultant.
photo credit: tracie7779
John – just stumbled upon your blog and it has all kinds of awesome, lucidly written content. Very impressed that you’ve been turning out consistent, very high quality content on the topic over the years.
To add my perspective to the question that you have raised – I used to manage projects for a client who localized their legal content in many languages for multiple markets – and the complexity around contracts application in local legislatures, special terminology translation and acceptance by in-country users was overwhelming. The clause that you quote could have definitely benefited them.
Jenia:
I find that small and huge clients don’t mind wading into the muck of localizing these things – the former because they don’t realize what they’re getting into, and the latter because they can throw a phalanx of global legal talent at it.
The mid-range clients are circumspect and prefer to leave things in English. Sort of a doughnut-hole.