the Parties from time to time.” 9 4 April Contract, Clause It is market practice for With reference to Contract Clause 2017 3.3, last cloud services agreements to 3.3, this clause concerns data paragraph include a liability limitation protection and requirements on clause similar to the information security. Thus the following: Supplier shall be liable in Supplier’s entire accordance with Danish law for “The liability for all claims related any damage caused by the to the Contract will not Supplier’s failure to comply with exceed the amount of any the obligations and requirements actual direct damages regarding data protection and incurred by Customer up to information security as stipulated the amounts paid (if in Annexes 3 and 4. recurring charges, up to 12 months’ charges apply) for Notwithstanding the above, the the service that is the subject tenderer is allowed to include a of the claim, regardless of liability limitation clause in its the basis of the claim. This standard terms as part of the limit applies collectively to tender and on the conditions set the Supplier, its subsidiaries, out in the tender documents. contractors, and suppliers. The Supplier will not be liable for special, incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.” Will Skatteministeriet accept to include the clause in the Contract? 10 4 April Contract, Clause The last sentence of the first The Ministry of Taxation can 2017 3.4.2 paragraph of the clause confirm the assumption, that stipulates that Contract sub-clause 3.4.2 applies to the to work performed in Denmark. ““Contribute performance of the Contract” shall mean work performed in Denmark for the performance of the Contract.”
the Parties from time to time.” 9 4 April 2017 Contract, Clause 3.3, last paragraph It is market practice for cloud services agreements to include a liability limitation clause similar to the following: “The Supplier’s entire liability for all claims related to the Contract will not exceed the amount of any actual direct damages incurred by Customer up to the amounts paid (if recurring charges, up to 12 months’ charges apply) for the service that is the subject of the claim, regardless of the basis of the claim. This limit applies collectively to the Supplier, its subsidiaries, contractors, and suppliers. The Supplier will not be liable for special, incidental, exemplary, indirect, or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings.” Will Skatteministeriet accept to include the clause in the Contract? With reference to Contract Clause 3.3, this clause concerns data protection and requirements on information security. Thus the Supplier shall be liable in accordance with Danish law for any damage caused by the Supplier’s failure to comply with the obligations and requirements regarding data protection and information security as stipulated in Annexes 3 and 4. Notwithstanding the above, the tenderer is allowed to include a liability limitation clause in its standard terms as part of the tender and on the conditions set out in the tender documents. 10 4 April 2017 Contract, Clause 3.4.2 The last sentence of the first paragraph of the clause stipulates that ““Contribute to the performance of the Contract” shall mean work performed in Denmark for the performance of the Contract.” The Ministry of Taxation can confirm the assumption, that Contract sub-clause 3.4.2 applies to work performed in Denmark.