What should be the responsibility of a remote worker to a foreign employer?

Question

Distant work

Good afternoon.
A foreign employer offers to sign a contract for remote work (without the mediation of freelance exchanges).
The contract contains a clause stating that I undertake to cover at my own expense all possible costs arising through my fault - failure to meet deadlines, copyright infringement, etc.
Here is the text of the contract:

spoiler

Subcontractor shall defend, indemnify, protect and hold harmless Prime, the Customer, and
each of their officers, employees and agents from and against any and all losses, demands,
attorneys’ fees, expenses, costs, damages, judgments, liabilities, causes of action, obligations
or suits resulting from (1) any negligent act or omission or willful misconduct of Subcontractor,
its personnel or approved subcontractors, (2) the breach of any provision of this Agreement by
Subcontractor or its personnel or any approved subcontractors of Subcontractor, or (3) any
claim that Intellectual Property provided by the Subcontractor under this Agreement infringes or
misappropriates any third party Intellectual Property Right.

I ask you to share the experience of those who worked under a contract remotely for a foreign employer (without the mediation of freelance exchanges) - did a similar problem arise and how did you solve it?
In this case, the customer from England said that this is how it is done with them, and I fully understand him. But I can't risk it either.
Is there a way out? Maybe customers from other countries of the world are not so demanding? Is a contract possible without such draconian conditions?

Answer 1

The contract contains a clause stating that I undertake to cover at my own expense all possible costs arising through my fault - failure to meet deadlines, copyright infringement, etc.

In any case, the costs cannot exceed the value of the contract.
And copyright infringement is a separate thing, it is not the programmer who should suffer for this, but the one who uses the product and makes a profit.

Answer 2

A contract is always an agreement between the parties. And what about the country?
This is how it is accepted in our country - this is not belonging to a country and is not an answer at all.

Answer 3

The contract contains a clause stating that I undertake to cover at my own expense all possible costs arising through my fault - failure to meet deadlines, copyright infringement, etc.

And who are the judges?

Answer 4

Look at the contracts for an example of hosting. Almost all hosters, in case of their fault, must compensate you for all your losses, but with a limit on the amount of payments equal to the cost of X days of your tariff plan.
This is fine. If you screwed up and incur losses, but in a reasonable amount. More contract amount more motivation not to mow. But the maximum than you risk is to work for free. And lose your reputation.
You are a performer, not a business owner. Therefore, you should not have more risks than the business owner.
I, too, when I conclude an agreement with someone there usually have penalties for delay and liability for copyright infringement. But if you do not steal someone else's code and pass it off as your own, then everything will be fine.

Answer 5

Is there a way out?

You can offer them other conditions, indicating the reasons why you do not want to include these conditions. For example - do not understand and ask to rephrase. Or, for example, responsibility is beyond your control and you are not ready to be responsible for this.
Theoretically, the parties themselves choose the terms and subscribe to them. For large companies, they develop a standard contract to cover their risks and offer it to everyone. If the condition changes, as a rule, a whole stage of approvals is necessary. And in this case, the customer will decide whether it is necessary to work with you and go through all these stages or refuse.

Answer 6

The contract contains a clause stating that I undertake to cover at my own expense all possible costs arising through my fault - failure to meet deadlines, copyright infringement, etc.

Yes, in English law, contracts often indeed include such clauses that protect the interests of the customer in case of bad faith of the contractor.
1) Try to convince the customer to indicate a closed list of cases (events) upon the occurrence of which the contractor becomes liable to the customer.
2) Limit liability to the price of the contract, or a multiple of the price, but within reasonable limits.
3) Sharing responsibility, for example, for a delay, the customer has the right to demand a certain percentage of the price of unfinished work for each day, and for copyright infringement only if there is documentary evidence and a court decision that has entered into force, etc.

Answer 7

I think you can not worry and sign everything that the client wants.
maybe they still don’t have any options to actually put this clause into action and sue possible losses from a remote worker who, for example, lives in Russia and didn’t give a damn about English courts.
I sometimes met such contracts in which the customer wants to shift all his possible risks to the contractor.
This approach, of course, is a little surprising, since it is usually the work that is paid by the hour, and not the product. At the same time, you do not have any share in the PROFIT of the client, but they offer to take risks and possible losses completely?????
Roughly speaking, they paid you for twisting the nut for 2 hours, and now they want to hang all the risks on you for flooding from a rotten "water supply" (including the costs of suing you)? this is a very, very strange pattern.
I understand that any crap can be explained by the fact that "it is customary for us", but for example, it is customary for me in contracts to indicate that I provide my developments as is, and do not cover any possible losses from its use, including those that occurred through my fault.

Answer 8

Responsibility - according to the contract. If you are not ready to agree to the proposed conditions - refuse.
Or agree on mutually acceptable terms. If the client is also interested in cooperation, it is normal to discuss the terms of the contract.
PS It is only in the Russian Federation that an employer gives a contract that is unshakable (even if it contains typos, or even grammatical errors).