What are the main changes in the General Terms and Conditions (GTC) September 2024 compared to the previous version “Terms and Conditions for Delivery and Service”?
The main changes between the “General Terms and Conditions for Delivery and Service” and the General Terms and Conditions (GTC) of Version 1.2 are as follows:
- Scope of services:
In the new GTC (Version 1.2), the types of services have been expanded and explicit reference is now made to hosting. This was not explicitly stated in the older version. - Additional conditions:
The new terms provide more clarity regarding the prevalence of additional terms. It is explicitly emphasized that these special additional terms take precedence over the general terms in case of doubt. This was not as clearly formulated in the older version. - Obligation to provide data:
The new terms set out in more detail the customer's obligation to provide data and ensure that this data does not infringe any copyrights or other intellectual property rights of third parties. The customer's liability in the event of a breach of this obligation is also more clearly defined. - Contractual penalties:
In version 1.2 of the GTC, the possibility of claiming a contractual penalty for non-compliance with certain obligations, such as the provision of data or the use of software, has been more clearly elaborated. - Liability and indemnity:
The new GTC define the liability and indemnity of the provider more clearly. They specifically state that the provider cannot be held liable for delays caused by the customer's late or insufficient cooperation. - Retention of title:
The new T&C provide more detailed provisions on the retention of title in the case of software licensing. They also include clearer instructions for the return and destruction of software in the event of contract termination or default in payment.
Overall, the new T&C have been improved in terms of clarity and depth of detail, particularly with regard to the regulation of customer obligations and liability.