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General terms and conditions of sale and provision of services

Datavizin SARL
Version dated 03.06.2026

1. Purpose and scope

These general terms and conditions of sale and provision of services (“Terms”) govern the contractual relationship between Datavizin , SARL, whose registered office is at Route de Morlon 46 - 1630 Bulle, entered in the commercial register under UID number [CHE-220.307.359] (Datavizin), and its customers (the “Customer”), for all services offered, in particular in the following areas:

  • business intelligence and data governance consulting;

  • data infrastructure audits;

  • design, development and integration of solutions for reporting, data processing and data analysis;

  • implementation of tools, data flows, dashboards, databases and applications;

  • hosting, maintenance, support, guidance and training.

These Terms apply unless otherwise agreed in writing.
If these Terms conflict with an offer, quotation, framework agreement or signed proposal, the latter shall prevail.

2. Formation of the contract

Datavizin's offers are non-binding unless otherwise stated.

The contract is deemed concluded on the earliest of the following dates:

  • written acceptance of the offer or quotation by the Customer;

  • signature of a contract or purchase order;

  • written confirmation of the engagement by Datavizin;

  • commencement of the services at the Customer's request.

The Customer acknowledges having read and accepted these Terms.

3. Services

Datavizin provides its services with due care, in accordance with established professional practice and on the basis of the information, documents and access provided by the Customer.

Unless expressly agreed otherwise, Datavizin undertakes to use due care in providing services and does not undertake to achieve a specific result.

Datavizin reserves the right to engage qualified personnel, partners, subcontractors or technical service providers to perform all or part of the engagement.

4. Customer cooperation

The Customer undertakes to cooperate actively in the proper performance of the engagement. It shall provide all necessary information, documents, access, approvals and decisions in good time.

The Customer warrants that Datavizin may use the content, data, files, software, access and instructions supplied by the Customer for the purposes of the engagement without infringing third-party rights.

Any delay, impediment, additional cost or inability to perform arising from the Customer's failure to meet its duty to cooperate may result in:

  • an extension of deadlines;

  • an adjustment to the schedule;

  • additional charges.

5. Deadlines and scheduling

Deadlines communicated by Datavizin are indicative, unless it has expressly agreed otherwise in writing.

A reasonable delay shall not justify cancellation of the contract, refusal to pay or an award of damages, except in the event of gross negligence or where a mandatory provision provides otherwise.

If the project is suspended for more than 30 days for reasons attributable to the Customer, Datavizin may reschedule the work and adjust the conditions under which it provides its services.

6. Prices

Services are billed on the basis of:

  • the agreed fixed price;

  • time spent at an hourly or daily rate;

  • or a combination of the two.

Unless otherwise stated, prices are expressed in Swiss francs (CHF).

Unless the offer states otherwise, prices exclude:

  • travel, accommodation and meal expenses;

  • third-party licences;

  • hosting, cloud infrastructure and external service costs;

  • services outside the agreed scope;

  • additional development or requests.

VAT is charged separately where applicable.

7. Invoicing and payment

Unless otherwise agreed, invoices are payable within 30 days net from the date of issue. Datavizin issues the invoice when the services are delivered and/or the tools and applications ordered by the Customer are made available.

Datavizin may request an advance payment, particularly for:

  • fixed-price projects;

  • custom development;

  • services requiring commitments to third parties;

  • subscriptions, maintenance or capacity reservations.

In the event of late payment, Datavizin may:

  • suspend all or part of the ongoing services;

  • decline any further work;

  • demand immediate payment of overdue sums;

  • charge default interest at the statutory rate and reasonable collection costs.

8. Changes to scope

Any Customer request that changes the original scope of the engagement may result in:

  • a supplementary quotation;

  • a price adjustment;

  • a revised schedule;

  • or billing for time spent.

Datavizin is required to carry out additional requests only after the terms applicable to the additional work have been approved.

9. Acceptance and complaints

The Customer shall promptly inspect the deliverables, reports, developments, dashboards, configurations and other results delivered.

Any complaint must be made in writing, specify the grounds and be submitted within 10 working days of delivery or availability. If no complaint is made within this period, the relevant service is deemed accepted.

If a defect is established, Datavizin may, at its discretion:

  • remedy the defect;

  • provide the affected service again;

  • or grant an appropriate reduction.

All other claims are excluded to the extent permitted by applicable law.

10. Intellectual property

Unless otherwise agreed in writing, Datavizin retains ownership of the methods, know-how, tools, models, scripts, libraries, templates, connectors, architectures, internal documentation and pre-existing materials used in the engagement.

Subject to full payment of all sums due, Datavizin grants the Customer the right to use the deliverables developed specifically for its needs to the extent necessary for the agreed internal use.

Unless otherwise agreed:

  • source code, detailed technical documentation, build environments, reusable components and generic elements are not transferred;

  • the Customer may not resell, sublicense, publish or make the deliverables available to third parties outside its internal use;

  • Datavizin may freely reuse its general knowledge, ideas, concepts, methods and components that are not specific to the Customer.

11. Hosting, third-party software and external services

When Datavizin uses third-party services, cloud solutions, software tools, APIs, connectors, hosting providers or external platforms, the Customer accepts that availability, performance and terms of use also depend on the relevant third-party providers.

Datavizin is not liable for interruptions, changes, removal of features, price increases, vulnerabilities or limitations attributable to third-party providers unless Datavizin itself is at fault.

Third-party licences are subject to the terms of the relevant publishers.

12. Confidentiality

Each party undertakes to treat the other party's non-public information obtained under the contract as confidential.

This obligation does not apply to information that:

  • was already lawfully known;

  • entered the public domain through no fault of the receiving party;

  • was lawfully obtained from a third party;

  • or must be disclosed by law or by a competent authority.

Unless the Customer objects in writing, Datavizin may name the Customer as a commercial reference without disclosing confidential information.

13. Data protection

Datavizin processes personal data in accordance with applicable Swiss law, in particular Swiss data protection legislation, and with the privacy policy published on its website.

The Customer remains responsible for the data it provides to Datavizin and warrants that it has the rights, legal bases, authorisations and information necessary for that data to be processed.

Where Datavizin acts as a technical service provider or processor, the parties cooperate in good faith to implement appropriate contractual and organisational measures.

14. Warranty and liability

Datavizin warrants that it will provide its services with the care ordinarily expected of a professional service provider.

To the extent permitted by applicable law, Datavizin excludes liability for:

  • lost profits;

  • lost revenue;

  • loss of data, subject to any agreed backups;

  • indirect or consequential damage;

  • decisions made by the Customer based on analyses, reports, dashboards or recommendations.

In all cases Datavizin's total liability, on all grounds combined, is limited to the amount the Customer actually paid for the relevant service during the 12 months preceding the event giving rise to the damage.

The above exclusions and limitations do not apply in cases of wilful misconduct or gross negligence or where liability is imposed by mandatory law.

15. Subscription and billing arrangements

Access to certain Datavizin services requires a recurring subscription. The Customer may choose monthly or annual billing.

1. Monthly option: The subscription is billed monthly in arrears. It renews automatically for successive one-month periods and may be terminated by the Customer or Datavizin on 30 days' notice expiring at the end of a billing period.

2. Annual option: The subscription is entered into for a fixed term of twelve (12) consecutive months. Payment for the entire period is due in one instalment when the order is placed. In consideration of this fixed-term commitment and advance payment, Datavizin may grant a commercial discount on the total annual subscription price. The precise discount is specified at the time of subscription and in the corresponding quotation. Datavizin may change it without notice for new subscriptions, without affecting contracts already signed.

3. Invoicing: Invoices are issued electronically and sent to the Customer's contact email address. Prices are stated in Swiss francs (CHF), exclusive of value added tax (VAT), unless stated otherwise. 

16. Term and termination of subscriptions

Open-ended contracts, subscriptions, maintenance or other recurring services may be terminated by either party on 30 days' written notice effective at the end of a month, unless the contract provides otherwise.

Termination of the annual option: At the end of the initial 12-month term, the annual subscription automatically renews for a further year unless either party gives written notice at least 30 days before expiry. If the Customer terminates early during the fixed term, a pro rata refund may be granted, but the annual discount will be treated as having been revoked retroactively. The Customer may then receive a refund equal to the difference between the amount already paid and the sum of the remaining monthly payments at the prevailing standard rate.

If either party seriously breaches the contract, the other party may terminate it with immediate effect after giving formal notice and allowing a reasonable period to remedy the breach without result.

Services already performed remain payable. Costs incurred, work started and resources reserved may be invoiced.

17. Force majeure

Neither party is liable for delays or failure to perform resulting from force majeure or an event beyond its reasonable control, including:

  • a widespread outage;

  • a major cyberattack;

  • prolonged unavailability of a critical supplier;

  • a natural disaster;

  • an industrial dispute;

  • a decision of a public authority;

  • a power or network outage.

The affected party shall notify the other party as soon as possible.

18. Governing law and jurisdiction

These Terms and contracts entered into with Datavizin are governed by Swiss law, excluding conflict-of-laws rules.

Subject to any mandatory venues prescribed by law, exclusive jurisdiction lies at Datavizin's registered office, currently in the canton of Fribourg.

19. Severability and amendments

If any provision of these Terms is held void, invalid or unenforceable, the remaining provisions shall continue in force.

Datavizin may amend these Terms for the future. The applicable version is the one in force on the date the contract is concluded.