The general terms under which services are provided by or on behalf of JEDO Consultancy.
1.1. These General Terms apply to all services provided by or on behalf of JEDO Consultancy. All other General Terms, of Client or otherwise, are expressly and always rejected, unless their applicability is specifically and in writing accepted by JEDO Consultancy.
1.2. The relationship between Client and JEDO Consultancy is governed entirely by Dutch law.
2. Only JEDO Consultancy shall be deemed the Contractor vis-à-vis the Client. Articles 7:404 and 7:407(2) of the Dutch Civil Code do not apply.
3. JEDO Consultancy is obliged to exercise the care that may reasonably be expected under the given circumstances in the services provided by or on behalf of it. JEDO Consultancy does not guarantee the achievement of the intended result.
4.1. For the total damage suffered by the Client, only if it is a consequence of an event or series of related events for which JEDO Consultancy is legally liable, the Client is entitled to compensation: (a) if JEDO Consultancy enjoys any coverage for that damage under an insurance policy, up to an amount equal to the insurance payout to be obtained by JEDO Consultancy plus JEDO Consultancy's deductible under that insurance; (b) if JEDO Consultancy has no coverage under any insurance for that damage, up to an amount equal to the total amount of invoices sent by JEDO Consultancy to the Client for the relevant services.
4.2. Without prejudice to Article 6:89 of the Dutch Civil Code, the right to compensation shall in any case expire twelve months after the event from which the damage directly or indirectly results and for which JEDO Consultancy is liable.
4.3. The provisions of the previous two paragraphs shall also apply if the Client claims compensation on the basis of a right obtained or acquired from another.
4.4. If both the Client and a third party or parties claim compensation from JEDO Consultancy in connection with a service provided by or on behalf of JEDO Consultancy to the Client, the damage suffered by the Client himself shall not be eligible for compensation to the extent that the amount of damages to be paid to the Client himself, or after increase with the amount due to the third party or parties, exceeds the limits mentioned in Article 4.1 under a or b.
5. The General Terms may also be invoked by those natural and legal persons who are directly or indirectly involved in the services provided by or on behalf of JEDO Consultancy.
6. The General Terms also apply to any additional or follow-up assignments.
7. The court in the District of Amsterdam shall have exclusive jurisdiction over all disputes between the Client and JEDO Consultancy, provided that JEDO Consultancy remains entitled to bring proceedings against the Client before a court that would be competent to hear disputes between the Client and JEDO Consultancy without the foregoing choice of forum.
8. The General Terms drafted in the Dutch language shall prevail over the General Terms drafted in English or any other language.