In other cases, the Provider shall be liable for pecuniary damage only in the case of beach of duties whose fulfilment is required in order to enable the proper implementation of the contract in the first place and upon compliance with which the User may routinely rely (cardinal duties). In such a case, the Provider shall be liable solely for consequences which can be typically expected to arise. Section 44a of the German Telecommunications Act (TKG) shall prevail, provided that it relates to this standard's scope of application.</p> <p>(2) The liability of the Provider for pecuniary damage due to damage or or loss of user data stored on a Provider of the server is limited to the consequences of a failure on the part of the Provider to back up the data due to intent or gross negligence, provided that the Provider was obligated to perform such data backup.