Key changes for existing clients

Critical changes, e.g., driven by pricing structure changes implemented by Meta in June ‘23.

• § 6 WhatsApp Terms:
  • Changes:
    • (2), (3) & (4): Links to the latest Meta and WhatsApp T&Cs have been updated to reflect the name change from ‘Facebook’ to ‘Meta’.
• § 8 Fees:
  • Changes:
    • (8): Deleted previous clause 'The fees for other services of the Platform Operator are based on the respective separate agreement with the Client.' as it is defined in the Commercial Agreement.
  • Additions:
    • (7): Added the definitions of conversation types due to WhatsApp pricing structure change (implemented by Meta in June ‘23) if fees in Commercial Agreement refer to the number of Outbound-Conversations or Inbound-Conversations.
      • Outbound-Conversations: A conversation that initiates from a business including the Marketing-, Utility-, Authentication-Conversations defined by Meta (Link)
      • Inbound-Conversations: A conversation that initiates in response to a user message including Service-Conversations defined by Meta (Link)
    • (8): Added the definitions of conversation types based on Meta's / WhatsApp's conversation type definitions (Link) if fees in Commercial Agreement refer to Marketing-, Utility-, Authentication, or Service-Conversations.
  • Previous § 8 (7) becomes § 8 (9).

Other changes

Minor changes and changes that benefit you as a client.

• Preamble:
  • Changes:
    • Updated address and wording of the preamble.
• § 2 Services of the Platform Operator:
  • Changes:
    • (1) Updated wording and definition of the scope of services refers now to the commercial agreement instead of to the company website.
• § 5 Obligations of the Client:
  • Changes:
    • Deleted the following sentence: 'The Client themself is responsible for ensuring that the system requirements stated on the Platform Operator's homepage for the use of the Platform are met by them.'
  • Additions:
    • (16): Added clause that testimonials should be provided by clients upon request.
    • (17): Added clause that public reviews should be written by clients upon request.
    • (19): Added clause on Client’s responsibility to create and maintain the required verified business accounts with Meta / WhatsApp.
  • Previous § 5 (16) becomes § 5 (18).
• § 7 Processing of contracts concluded on the platform:
  • Additions:
    • (1): Added the clause 'or any other external digital contraction or transaction platform' in to ‘payment service provider’ to extent the possible third-party solution which provide the framework for payments and contracts between clients and end customers.
• § 8 Fees:
  • Changes:
    • (2): Corrected payment terms based on effective billing process in place:
      • Fees incurred are due 14 days after the invoice is issued and not immediately.
      • Electronic statement will be provided by charles at the latest on the 15th instead of the 5th of each month.
      • Electronic statement of the base fee will be provided by charles for the current instead of the upcoming month.
• § 9 Rights of use:
  • Changes:
    • (5): Removed requirement to declare use of open source software on charles’ homepage. The use of open source software is only presented on a specially set up information page in the platform itself if required by the open source software provider.
• § 11 Third-party contents:
  • Changes:
    • (1): Deleted 'Clients are prohibited from using links or other connections such as frames to external Internet pages on the Platform, unless expressly permitted by the Platform Operator'.
    • Deleted the clause 'All rights of the Platform Operator pursuant to § 11 (3) also apply to tyntec. § 12 Data protection'.
• § 14 Duration of the contract and amendment of the Terms & Conditions:
  • Changes:
    • (1): Changed to 'Unless otherwise agreed, term of the contract begins the latest with the admission of the Client to the Platform according to § 3.' The beginning of the term of the contract can but does not have to be determined in the commercial agreement.
• Overall:
  • Changes:
    • 'Facebook' replaced with 'Meta' if entity is meant in T&Cs to reflect correct name of the group.
    • Replaced ‘tyntec’ with ‘Platform Operator’ as tyntec is not the platform operator anymore but rather charles is now operating the platform itself.