| General Terms and Conditions of Business |
TIC
1. Formation of contract and application of terms and conditions
1.1 The present General Terms and Conditions (GTC) define the mutual rights and duties of TIC The Internet Company AG, CH-6343 Rotkreuz, (hereinafter referred to as "TIC") on the one hand, and the customer (hereinafter referred to as “the customer”) of TIC, on the other hand. The formation of an agreement concerning the utilisation of services of TIC shall only take place when TIC accepts a customer agreement.
1.2 If the customer agreement is created via the Order mode on TIC's Homepage or in any other electronic manner, this shall be a binding contract on the customer.
1.3 These General Terms and Conditions (hereinafter referred to as “GTC") shall be the foundation for all contracts entered into between the customer and TIC. They shall apply to all further agreements, without the need for express notification concerning the same. These GTC shall be deemed to have been automatically accepted when a computer of TIC or the services of the TIC network are accessed for the first time. Counter-confirmations by the user or customer making a reference to his own terms and conditions of business or purchase are hereby disallowed. Agreements that deviate from the present terms and conditions agreements, including this Written Form Clause, must be in writing in order to be valid.
1.4 Contrary regulations contained in the TIC customer agreement or the individual agreements shall take precedence over these GTC.
2. Scope of delivery and performance obligations of TIC.
2.1 The scope of application of TIC services extends on the one hand to the provision of various services in the field of data and speech, consisting of hardware, software and services.
2.2 The service obligations and scope of the individual services of TIC (hereinafter referred to as “the services”) may be found in the description of the services of TIC and in the customer contract.
2.3 The Internet is a global system of independent, mutually interconnected networks and computers. TIC only has an influence on those systems that are located within its network and therefore cannot guarantee problem-free services.
2.4 TIC is entitled to modify the services as well as these GTC, to the extent that TIC regards this as reasonable for technical reasons or due to the market developments in its reasonable judgement and thereby the interest of the customer, in particular the proportion between performance and counter-performance is maintained to a reasonable extent. With the communication of modifications or the publication of the General Terms and Conditions, the same shall become immediately effective for the customer, unless the customer objects to the same in writing within 7 days. In such case the customer shall have the right to terminate the contract in question according to the applicable contractual period.
2.5 TIC is anxious to ensure the permanent accessibility of its infrastructure (Server, Internet lines etc.). For maintenance purposes and in case of unexpected system failures, TIC may limit the accessibility of its services or shut the same down for an indefinite period at any time without notice.
2.6 To the extent that TIC provides services free of cost, these may be interrupted at any time without prior notice, and no claim may be made for a discount, reimbursement or damage compensation in this connection.
3. Duties of the customer
3.1 Depending on the scope of the TIC services, a close cooperation may be necessary between the TIC and the customer. In such case, individual contracts with provisional aims and mutual collaboration and performance obligations of the customer shall be defined. If the customer does not fulfil these performance and collaboration obligations, TIC shall be freed of further performance obligations. Furthermore, TIC may charge the customer for all the costs incurred upto that point after issuing a warning notice, for immediate payment.
3.2 The customer is bound to use the services of the TIC in a technically appropriate manner. In particular, the customer is bound to do the following:
- to provide TIC with necessary information about existing technical facilities for participating in the TIC services, or, to the extent necessary, to enable the installation by TIC of technical installations at the customer location;
- ensuring the fulfilment of governmental conditions as well as the grant of governmental permits, to the extent that these may be necessary either at present or in the future for participation in the services of the TIC;
- to notify TIC immediately about recognisable shortcomings or damages (notification of faults), and to take all measures within reasonable bounds to enable the determination of the shortcomings or damages and the causes of the same, or to speed up or facilitate the removal of the faults;
- after the issue of a fault notification, to repay to TIC all the expenses incurred by it for checking its facilities, if and to the extent that it is found after the check that the customer has deliberately or carelessly caused the fault, or that the fault lay within his area of responsibility and he had failed to recognise this due to carelessness;
- each of the following must be proved to TIC within one month:
- all changes in the legal constitution of the customer that take place due to the operation of law,
- in case of community of rights, the entry or exit of persons into the community,
- all changes in the name of the customer or his designation under which it is listed in the company documents of TIC,
- all other factual or legal circumstances that have or may have a significant effect on the agreement with TIC.
3.3 If there is violation of point number 3.1 above, TIC shall be entitled to terminate the contractual relationship immediately, after warning notices have failed to produce any effect.
3.4 The customer agrees to use the services of TIC exclusively subject to the observance of the utilisation terms and conditions. These may be accessed on the Internet at the following link under “Legal Terms and Conditions”:
www.tic.ch
4. Responsibility for web contents/transmission or accessing of data
4.1 The customer shall be responsible for his own use of the services as well as for his own contents. In particular, the customer is bound to do the following:
- not to access or offer any information with contents that violate the law or are immoral, or to indicate such contents in any manner or by placing so-called links to such contents that may be offered by third parties;
- to abide by the applicable laws against the distribution of the contents that are violative or are immoral or may be a danger to youth, and to ensure, among other things, the careful handling of passwords and to take other suitable measures to ensure that the contents that may have the potential to undermine the morality of children or young persons or adversely affect the well-being of the same do not fall into the hands of or come to the knowledge of the persons who are protected by these laws;
- that national and international copyright as well as other protected rights, such as for example the name and trade marks rights of third parties are not violated;
- that the services are not used to cause damage or nuisance to third parties, in particular through unauthorised entry into external systems (hacking), spreading of viruses of all types, or through sending of unsolicited e-mails (spamming, junk mail);
- to ensure that his scripts and programs placed on the server of TIC a re free of errors, and not so large as to hinder the provision of services by TIC,
- to refrain from doing the following:
- Searching through networks for open ports (access points) into external computer systems,
- Causing accidental replication of data (dupes, mail relaying), through the configuration of server services (such as for example Proxy, News, Mail and Web server services),
- Duplication of mail and news headers, and IP addresses as well, and the spreading of viruses within the framework of its possibilities.
4.2 If the customer violates the provisions of point 4.1, or there is dispute as to whether the content of the website used by the customer violates laws in force, TIC shall have the right to block the same until the legal position is settled by the courts, or until proof has been provided that the customer has restored the contractual situation. In addition, TIC shall have the right – after warning notices have failed to produce any effect – to terminate the contractual relationship immediately.
4.3 The details of the collaboration between users amongst each other can be regulated by the TIC within the framework of a user ordinance. Violations of essential conditions of this user ordinance will authorise TIC to terminate the contract immediately after warning notices have failed to produce any effect.
5. Utilisation by third-party customers
5.1 A direct or indirect utilisation of the services of the TIC network by third parties is not permissible, unless the TIC gives its permission for the same in writing in advance. In particular, therefore, the customer is not a uthorised to give his passwords to third parties to use the services, or to make the same available, or to otherwise enable such utilisation.
5.2 If utilisation by third parties is permitted, the customer has to instruct such third parties concerning the use of the TIC services in the appropriate manner, and shall bind such third party to abide by the rules and regulations laid down in point number 4 of these GTC. In addition, the customer shall be responsible for the wrongful conduct of the third party, or such conduct will be ascribed to the customer. If the utilisation by third parties is not permitted, no claim may be made for a reduction, reimbursement or damage compensation claim.
5.3 The customer will also have to pay the fees that are payable within the framework of the access and utilisation facilities made available to the customer through the authorised or unauthorised utilisation of the services of the TIC network by third parties. The customer shall be liable to TIC for all the violations of the provisions contained in these GTC and of the underlying customer contract due to the utilisation of the services by authorised or unauthorised third parties.
5.4 In all cases, the customer has to indemnify TIC against all claims of third parties, irrespective of the nature of the same.
5.5 If the customer comes to know that third parties have utilised the TIC services in a manner that violates law or are immoral, or facts come to his knowledge that give rise to a fear that such use may be made, he should immediately notify TIC in writing about the same, so that TIC can initiate the necessary measures, particularly as per point number 4.2. In addition, the customer should also change the passwords or have this done, in such cases.
6. Guarantee
6.1 The customer undertakes to check the delivery of TIC services immediately and to notify to TIC of any shortcomings that may be found. If no such notification is given, it shall be assumed that the service has been accepted and will be regarded as error-free.
6.2 If the hardware or software to be delivered under the agreement is defective is fact has been notified as per point number 6.1, TIC will correct the fault or will provide problem-free substitute products. If in the opinion of TIC, the repair or delivery of substitute products is not possible, the customer may demand cancellation of contract or a reduction in the purchase price.
6.3 If TIC sells third-party products (in particular hardware and software) to the customer, the customer will receive the same guarantee TIC has received from the manufacturer. The customer guarantees that his services are of professional quality. The guarantee does not cover expenses arising due to consequential damages. The expenditure required for the exchange of hardware and software is not covered by the guarantee. This shall include for example the reinstallation of programmes, the configuration of hardware components and other expenditure incurred by TIC, associated with the guarantee service of the manufacturer.
6.4 Guarantee services will essentially be provided at the registered office of the TIC by the technical personnel during normal working hours. Transport costs or travelling costs, if any, shall be borne by the customer. In case of contracts with different provisions, the guarantee services shall be provided according to the agreements.
6.5 Improperly provided services due to inadequate training of the customer (violation of the guidelines of the TIC for the manufacturer), as well as faults or failures in power supply are not covered by the guarantee. The guarantee services exclude all consumption materials, such as replaceable data carriers, colour printing ribbons or toner.
7. Utilisation rights applicable to software and product or service designations as well as “Managed Services”
7.1 Unless expressly agreed otherwise, the utilisation rights for software and product or service designations relating to services managed by TIC are agreed as follows: the customer shall be provided with non-exclusive, non-time-bound and non-transferrable utilisation rights on software and trademarks or service marks for own internal use. Additional provisions for the utilisation of software should be included herein. The software should not be made available to third parties. Third-party license conditions shall apply to standard products of third parties, to the extent that they contain additional limitations. The source code will only be handed over if this has been expressly agreed.
7.2 If an agreement is made in deviation to point number 7.1, whereby the utilisation right for a software can be transferred to a third party, all copies must carry the original copyright and all other protective markings.
7.3 In case in connection with the object of the agreement in question (software development or execution of other products), claims are made in connection with the violation of patent or other non-corporeal rights, the customer is bound to inform the TIC immediately of the same in writing. The customer should not take any legal action without the prior consent of TIC, and should leave it to TIC to conduct the defence against such claims, in particular the conduct of the legal proceedings, including settlements.
7.4 If the utilisation of the object of an agreement or parts of the same is prohibited by a judicial decision, or in the opinion of the TIC, there is no danger of a complaint based on the violation of protected rights, TIC shall have the right to choose between the following measures:
- To change the object of the contract in such a manner that protected rights are no longer violated.
- To provide the customer with the right to continue to use the object of the contract.
- To replace the object of the contract with a contractual object that does not violate any protected rights, and either satisfies the requirement of the customer or is equivalent to the contractual object that has been replaced.
- To take back the contractual object and to repay to the customer the fees paid after deducting an appropriate amount for utilisation and loss in value.
7.5 The above-mentioned obligation shall not apply to contractual objects in which the violation of protected rights is based on a concept of the customer or is based on the fact that the contractual object has been modified by the customer or in combination with contractual object that were not provided by TIC.
8. Delivery of goods, re-export
8.1 In essence, delivery times shall be non-binding. Delivery periods shall only be binding if they are confirmed by TIC in writing and expressly as “binding”. Delays in delivery shall be communicated to the customer in writing. The purchaser is not entitled to terminate the purchase due to delay in d elivery and relinquishes all claims to damage compensation against TIC. The delivery and installation costs shall be borne by the purchaser.
8.2 The utilisation and the risks shall pass to the customer as soon as the consignment is handed over to the transporter or has left the business premises of TIC for the purpose of despatch.
8.3 TIC shall have the right to make part deliveries at all times, unless the customer states that he does not want part deliveries.
8.4 Re-export: For most products (in particular, hardware, software, licenses) re-export is prohibited under an undertaking made to the Section of Import and Export of the Swiss Federation Economics Department, or will only be permissible after a special export permit for the same has been issued. This obligation shall be transferred to the customer.
9. Prices, fees, payment terms and conditions, right of retention of title
9.1 All agreed remunerations shall be exclusive of Value Added Tax (VAT), unless expressly agreed otherwise, and also exclusive of other duties or consumption taxes, and shall be expressed in terms of Swiss Francs (CHF). All prices shall be exclusive of delivery and packing unless different conditions are agreed. The granting of discounts is excluded.
9.2 For orders of products not included in TIC's product range, or where the proportion of hardware is high, TIC may demand appropriate payment. In general, the invoicing is done at the time of product delivery and the payment is due from that point in time.
9.3 In connection with the realisation of payments against customer contracts of a value exceeding CHF 5000/-, the following payment terms and conditions (or as per order confirmation) shall apply: 50% of the service performances at the time of the issue of the order, with the remaining amount being payable in each case through part-invoices issued after the completion of work, or proportionately at the end of the month.
9.4 Every invoicing amount shall in each case be due for payment ten (10) calendar days after the invoicing date, without any deductions. Ambiguities should be clarified within this period, and all objections, if any, should be notified in writing. If no objections are received within the period mentioned before, the invoice shall be deemed to have been accepted. If the customer claims that the connection fees charged to him were not incurred by him or by the third parties for whom he is responsible, he will have to prove the same.
9.5 Unless otherwise agreed, the services of TIC are charged in the following manner: every quarter, or every two months in advance; or in the case of retroactive invoices (for example according to convention), every month thereafter.
9.6 The fees for domain names, SSL certificates and credit cards processing are directly charged to the customer by the respective processing agency.
9.7 The prices for the TIC services can be seen from the latest price list applicable at that time. Price changes are notified to the customer in advance. TIC can make price changes to a reasonable extent during the duration of the contract if essential cost factors have changed. The same right shall also apply in future if the customer uses the services to such an extent that TIC has to incur unusual or special costs. The agreement with the customer shall contain further provisions in this regard.
9.8 For every direct debit or cheque that is not realised or is returned unpaid, the customer will have to pay TIC the cost incurred in connection with the same.
9.9 Goods delivered shall remain the property of TIC until the full payment of the purchase price is received; TIC shall have the right to enter its material rights in the appropriate register – even later on. Pledging or transfer of ownership by way of security by the customer is not permissible. No industrial property rights / incorporeal rights are transferred to the customer by this agreement. Processing or reorganisation will always take place for TIC as manufacturer, but without any obligation on its part. If the (co)ownership of TIC comes to an end through amalgamation or sale, it shall be deemed to have been agreed that the claims of the customer resulting from the same have been transferred to TIC – to a proportionate extent in the case of amalgamation.
Delays in payment
10.1 In the case of delays in payment by the customer, TIC shall have the right to spend its services or to block the same. In such case, the customer shall continue to be bound to pay the fees that fall due from time to time.
10.2 In the case of payment delays, TIC shall also be authorised to levy late payment interest of 5% if the conventional Swiss bank rate is not higher; if the Swiss bank rate is higher, this higher late payment interest rate shall be payable.
10.3 TIC may terminate the contract with immediate effect if the customer:
- does not pay the fees, or an significant part of the fees, for two consecutive months, or
- delays payment of the fees equivalent to the remuneration for two months for more than two months.
10.4 TIC reserves the right to enforce further claims arising due to delay in payments. This shall apply in particular to costs that TIC has to incur in connection with the recovery of the claims during delinquency collection procedures.
10.5 Delivery and service provision delays arising due to force majeure conditions and events that make performance by TIC much more difficult or impossible – which shall include, in particular, strikes, lockouts, governmental orders, the breakdown of communication networks and gateways of other operators, even if they happen to be suppliers or sub-contractors of TIC, or their sub-contractors, sub-suppliers, etc. in which the operators of sub-nodal remote communication computers authorised by TIC, TIC shall have the right to suspend the delivery or the service for the duration of the event together with an appropriate starting-up time. If such events continue uninterruptedly for more than two weeks, each of the parties shall be entitled to terminate the contract with immediate effect.
11. Furnishing of security
11.1 If the customer repeatedly defaults on his payment obligations for more than 30 days, TIC shall have the right to demand a security (bank guarantee or other security, etc) from the customer, equivalent to the invoice amounts for the last two months before commencement of the repeated delays in payment or in the reasonable judgement of TIC, on the average of the expected turnover.
11.2 TIC may also demand the payment of the security if other extraordinary circumstances justify the same. The customer undertakes to immediately furnish the security desired by TIC if and when TIC invokes this security requirement.
12. Termination of contract
12.1 In the absence of specific agreement, the contractual relationships shall be eligible for termination by both contracting parties subject to a notice period of three (3) months at the end of the month, in the case of the contracts without a minimum duration. In the case of contracts with a minimum duration, this termination period shall apply after the expiry of the minimum contract duration.
12.2 After termination of the contractual relationship, the items and documents belonging to TIC, which may have been handed over to the customer, should be returned to TIC immediately, in any case no later than 14 calendar days after the termination of contract, at the risk and expense of the customer. If the c ustomer does not fulfil this duty to return the items as above, he shall be liable to pay damage compensation amounting to the cost of purchasing the items anew, unless a higher or lower damage is specified.
12.3 TIC can terminate the customer contract immediately if insolvency proceedings or probate proceedings or similar proceedings are initiated, or an application for commencing insolvency proceedings has been filed against the customer. In such case, the provisions contained in point number 12.2 shall have corresponding application. The customer shall be bound to inform TIC immediately about the existence of such facts.
12.4 In case of premature termination of the agreement due to reasons to be justified by the customer, TIC shall have a right to demand damage compensation amounting to the remuneration that would have been payable for the remaining duration of contract. The right to make claims over and above the same is reserved.
12.5 All terminations should be in writing in order to be valid.
13. Right to set-off, right of retention, assignment or transfer of contract
13.1 The customer may only set-off his undisputed or legally well-founded claims, against counterclaims of TIC. Otherwise, the customer does not have any right of set-off whatsoever. The customer shall be entitled to enforce a right of retention only against counter-claims under the same contract.
13.2 All rights and duties within the framework of the customer agreement are non-transferable and cannot be relinquished in favour of third parties. A relinquishment will require the written permission of the other party.
14. Exclusion and limitation of liability
14.1 TIC shall not be liable for direct or indirect, remote or direct damages that arise through the use or the failure of services provided/rendered by TIC.
14.2 TIC shall in particular not be liable in the following cases:
- Direct or indirect consequence of damages in case of functional disturbances in the TIC infrastructure, particularly leased line faults of Swisscom or faults of other TIC suppliers.
- Electronic messages that are incorrectly transmitted, not transmitted, transmitted in contravention of the law, or accessed by third parties.
- Missing or faulty maintenance of secrecy of encoded data, not even if TIC acts as a certification agency or offers other encryption services.
- Processing errors in the handling of business transactions over Internet (Electronic Commerce), in particular not in the case of transmission mistakes of credit card data or other information.
- Missing or defective hit figures in Internet search engines, not even if there is an express contract by the customer with TIC to record hits.
- Legal disputes in connection with domain name registrations or domain name deletions carried out under orders issued by the customer.
14.3 The liability of TIC or its representatives or staff shall only exist in case of violation of essential contractual obligations, the fulfilment of which the other party is permitted to place special reliance on (hereinafter referred to as “cardinal obligations”). This relates to the liability for damage compensations, in particular due to default, non-fulfilment or incomplete fulfilment or non-permissible action – even in connection with guarantee obligations. The above-mentioned exclusion shall not apply to cases of wilful action and gross negligence or due to liability in connection with assured characteristics. A liability for minor negligence is excluded.
14.4 To the extent that cardinal obligations within the meaning of point number 14.3 are violated, for each instance of damage, TIC shall be liable only to the extent of an amount corresponding to 20% of the invoice amount – or in the case of periodic services – an average monthly remuneration under the concerned contract. For average calculation, the six months preceding the instance of damage or, if the contract period is shorter, the average monthly remunerations in the reasonable judgement of TIC, in the future, shall be used as a basis.
14.5 This shall not in any case prejudice a liability under the product liability law.
15. Declaration relating to data protection
The customer has been informed about the nature, scope, place and purpose of the collection, processing and utilisation of personal information required for the provision of the services. Accordingly, the data protection policy of TIC shall be as per point number 16.
TIC shall provide the collected data to companies linked to TIC, including foreign companies, to the extent that this is required for the fulfilment of the agreement.
The customer agrees that information about him that is collected for the content-related formulation and modification of the contractual relationship with TIC will be processed and used by TIC, companies related to it, as well as third parties, for the purposes of advising the customer about news in the field of products and services, or for advertising and market research or for customisation of the services according to the customer's needs. The customer shall have the option of limiting this agreement. Corresponding options are available to him on the Homepage of TIC at www.tic.ch under the link for legal terms and conditions.
16. Data protection policy
16.1 TIC is constantly engaged in efforts to utilise the information relating to his customers within the framework of the provision of the law. For this reason, we constantly make efforts to take into account the national as well as international regulations relating to implementing data protection. Accordingly, within the framework of data protection conditions, we would like to inform you about the processing of your information. Article 3 of the DSG (Data Protection law) defines processing as including all actions involving personal information, independent of the means and processes used.
16.2 Data collection:
- TIC collects personal customer information at the time of entering the agreement. This is done either within the framework of setting-up a contract in direct contact between the customer and a customer support person from the TIC, in connection with Support requests or through the TIC Shop under www.tic.ch/viashop, through an online order by the customer. In addition, the ustomer or an interested person also specifies various items of contact information at the time of using services offered on our Homepage.
- Apart from personal information, a variety of additional data is also collected about the technical infrastructure of the customer, depending on the service; for example: serial numbers of hardware, licences for software, network environment, access information, installation routines, IP addresses, etc. This data collection is done with the permission of the customer, exclusively for the purposes of providing comprehensive customer support.
- On visiting our Homepage, the following information about every visitor are stored, which however is only used for statistical purposes and do not permit the drawing of any conclusions about the user: IP addresses used, browsers including version, operating system including version and (if present), the domain from which the user came to www.tic.ch (such engine, banner, etc). An IP address (Internet Protocol) is a number that is automatically allocated to a computer or network for Internet access. TIC can and will use the IP address if TIC feels this is necessary, in order to ensure the adherence to these utilisation terms and conditions or for the safety of the service, the Homepage or the other users.
16.3 Utilisation of data:
- The data collected by TIC shall be used for the purpose of the fulfilment of the contract. In addition, the TIC shall be entitled to use the information for purposes of providing information about other TIC products. Furthermore, TIC will use the customer data to inform the subscriber through the Newsletter about current special features or changes in the services of TIC. Subscription to the Newsletter may be cancelled at any time through a corresponding link provided at the bottom of the Newsletter, as well as over the telephone, by fax or by e-mail.
16.4 Transmission of data to third parties
- Since TIC collaborates to some extent with other companies (leasing of lines, ordering hardware, software, licences, domains, etc.), it may be necessary within the framework of the fulfilment of contract to send the necessary customer data to such companies. In such case, only those data that are necessary for contractual fulfilment are sent to such contractual partners. It is expressly stated that no handover of such data is done for the purpose of marketing by third parties.
- TIC may pass on the customer information to third parties, even abroad, for the purpose of the proper fulfilment of the contract (in particular for invoicing and promotional management). Obviously, TIC will follow the requirements of the law (Article 6 and Article 14 of the Act on the Protection against Misuse of Personal Data in Data Processing (APMPDDP)). Accordingly, a handover shall only be done to EU Member Countries or to such countries that conform to the data protection standards of Switzerland.
16.5 Data security
- TIC protects your data according to the requirements of the law (article 7 of the APMPDDP). Accordingly, we have installed appropriate technical and organisational measures through which, in particular, access, transport, storage and input of information are protected.
16.6 Information about / changes in data processing
- The customer shall have the right at all times to demand information about his information that may be processed by TIC, free of cost (Article 8 of the APMPDDP).
- The customer may at any time limit the permission for the utilisation of information by TIC. If the customer so desires, the customer may communicate this wish to us in writing using the document provided by TIC on its website under www.tic.ch.
- You may contact us by telephone at telephone number +41 844 842 842 concerning this question and other questions.
17. Confidentiality
17.1 Both the parties undertake not to hand over any information designated as confidential to third parties, and in particular, the content of contracts and their annexes should be regarded as confidential.
17.2 The customer gives TIC the right to third party firms or to the relevant enforcement authorities in case of actions that violate the law or are immoral.
18. Place of performance, jurisdiction, applicable law, miscellaneous
18.1 The place of fulfilment of the contract is Rotkreuz, Zug. The exclusive competent court for all claims under, or based on, the GTC or the ontract and for all disputes that may arise between TIC and the customer shall be CH-6300 Zug.
18.2 The contractual relationships between TIC and the customer shall be subject solely to Swiss substantive law. The Vienna Sales Convention shall not apply.
18.3 If any of the provisions of these GTC or in the customer contract become invalid, this will not affect the validity of the other provisions. In such case, a substitute provision should be formulated that most closely approaches the financial effect of the provision that has become invalid.
18.4 The present GTC is a translation of the German language version of the TIC GTC. In case of doubt, the wording of the German language GTC shall have legal force.
Version dated August 2004 |
