Article 8. Modification of the agreement
- Client is in default with the (timely) fulfillment of any obligation with regard to the agreement;
- It is plausible that the Client will not be able to, not fully and / or not timely fulfill an obligation towards Cloud Career Services BV;
- The Client has been declared bankrupt, has been placed under guardianship, has received a moratorium or the statutory debt restructuring scheme has been declared applicable to the Client, or a request to that effect is pending;
Cloud Career Services BV has the right to suspend the fulfillment by virtue of all existing agreements between the Client and Cloud Career Services BV, or to terminate these agreements in whole or in part without any notice of default and without being obliged to pay any compensation.
Suspension and dissolution are only allowed if the shortcoming justifies it.
- Furthermore, Cloud Career Services BV is authorized to terminate the agreement (or have it dissolved) if circumstances arise which are of such a nature that compliance with the agreement is impossible or can no longer be demanded according to standards of reasonableness and fairness or if other circumstances arise such that unchanged maintenance of the contract can not reasonably be expected.
- All possible obligations of the Client towards Cloud Career Services BV become immediately due and payable after dissolution or suspension. The foregoing is subject to an exception if the Client provides Cloud Career Services BV with sufficient certainty for the fulfillment of its obligations.
- Suspension and / or dissolution shall not affect the payment obligation for the work already performed. Cloud Career Services BV is also entitled to claim compensation from the Client for damage, costs and interest caused by the default of the Client and the dissolution of the agreement, including the loss of income by Cloud Career Services BV.
Article 9. Liability
- The liability of Cloud Career Services BV, insofar as it is covered by its business liability insurance, is limited to the amount that is paid out in the relevant case in the context of the business liability insurance, increased by the deductible applicable in the present case.
- If in any case the insurer fails to pay or the damage is not covered by the insurance, the liability of Cloud Career Services BV is limited to a maximum of the invoice value of that specific part of the agreement to which the liability relates, with a maximum of € 2,500.-. For contracts with a duration that is longer than six months, the liability of Cloud Career Services BV is limited to a maximum of the invoice amount over three months.
- Cloud Career Services BV is not liable for damage of any nature whatsoever, caused by Cloud Career Services BV based on incorrect and / or incomplete data provided by or on behalf of the Client.
- Cloud Career Services BV is never liable for indirect damage, including stagnation in the regular course of affairs in the company of the Client, lost profit, missed savings and consequential damage, in any way related to, or caused by the execution of the agreement.
- Except for the cases referred to in article 10, paragraph 1 and 2, Cloud Career Services BV is not liable for damages, regardless of the grounds on which an action for compensation would be based. However, the maximum amount stated in Article 10, paragraph 1, will lapse if and insofar as the damage is the result of intent or gross negligence of Cloud Career Services BV.
- The liability of Cloud Career Services BV for attributable shortcoming in the fulfillment of the agreement only arises if the Client promptly and properly in writing Cloud Career Services BV gives notice of a reasonable period to purify the shortcoming, and Cloud Career Services BV also after that term remains imputable in the fulfillment of his obligations. The notice of default must contain as detailed a description as possible of the shortcoming, so that Cloud Career Services BV is able to respond adequately. Cloud Career Services BV is never liable for damage caused by force majeure.
- The condition for the existence of any right to compensation is always that the Client reports the damage to Cloud Career Services BV in writing within 14 days of the occurrence thereof.
- The Client indemnifies Cloud Career Services BV against all third-party claims for liability as a result of a defect in the Online Career Platform provided by the Client to a third party and which also consisted of goods, materials or results delivered by Cloud Career Services BV.