Terms of service

General Terms and Conditions of BSGroup Data Analytics for Power BI Coach Service

General Provisions

BSGroup Data Analytics AG (hereinafter "BSGroup Data Analytics") offers consulting services in the field of information technology for the application Microsoft Power BI under the name "Power BI Coach Service" (hereinafter "Consulting Services"), which can be booked by the hour via the website <pbi.coach> through the purchase and redemption of so-called "Coins" (credits).

These General Terms and Conditions (hereinafter "GTC") apply to all legal relationships between BSGroup Data Analytics and the purchaser of Coins offered by BSGroup Data Analytics via the website <pbi.coach> for Consulting Services (purchaser hereinafter referred to as "Client", BSGroup Data Analytics and Client jointly referred to as the "Contracting Parties").

Any general terms and conditions of the Client are hereby excluded. Deviations from these GTC are only valid if agreed in writing by the Contracting Parties. If special contractual conditions of BSGroup Data Analytics apply in addition to these GTC, the special conditions shall take precedence insofar as they contain provisions that deviate from these GTC.

All offers by BSGroup Data Analytics are non-binding.

Conclusion of Contract

By ordering Coins for Consulting Services, the Client submits an offer which is binding for 10 calendar days after receipt by BSGroup Data Analytics. The contract between the Contracting Parties is concluded as soon as BSGroup Data Analytics sends an order confirmation or, at the latest, when the Coins are credited to the Client's user account.

The Client must review documents issued by BSGroup Data Analytics, particularly invoices and order confirmations, within 5 calendar days of dispatch (digitally or by mail) or delivery. Any discrepancies must be reported within this period; otherwise, the documents are deemed accepted.

Withdrawal from the contract by the Client is excluded. Refund or compensation for purchased Coins is also excluded.

BSGroup Data Analytics is entitled, at any time and at its discretion, without providing reasons:
- to refund or credit the Client for purchased Coins;
- to discontinue the entire offer or parts thereof as well as the Consulting Services.

Credits (Coins)

Purchase

The Client may purchase credits in the form of Coins via the BSGroup Data Analytics website at the listed prices and in a self-selected amount (up to a limit set at BSGroup's sole discretion). Only whole Coins can be purchased. Upon completion of the purchase (contract as per Section 2), the purchased Coins are credited to the Client's user account on the website. The Client will receive a Coins balance overview via the user account and a monthly email summary.

Redemption

During the validity period, the Client can request Consulting Services (Section 4) through the online booking tool provided on the BSGroup Data Analytics website. The Client is responsible for initiating the booking request. Available appointment slots will be shown via the tool. Services can only be booked by the hour. Each commenced hour is charged with one (1) Coin; partial hours are forfeited.

One (1) Coin is deducted per hour once the booked appointment has taken place. BSGroup Data Analytics will confirm requested appointments within 5 calendar days ("booked appointment").

BSGroup Data Analytics will make every effort to keep booked appointments. Any changes will be communicated promptly and rescheduled in mutual agreement. There is no entitlement to a specific consultant. BSGroup Data Analytics reserves the right to reassign consultants at any time.

The Client may cancel a booked appointment free of charge up to 5 calendar days before the scheduled time. Later cancellations or no-shows will result in Coins being deducted.

Validity Period

Coins must be redeemed within the following periods from the time of crediting:
- Less than 10 Coins: within 3 months
- 10 to 18 Coins: within 6 months
- 20 to 28 Coins: within 9 months
- More than 30 Coins: within 12 months

Unredeemed Coins after expiration are forfeited without refund or compensation.

Consulting Services by BSGroup Data Analytics

BSGroup Data Analytics provides the following Consulting Services:
- Troubleshooting Power Query, DAX queries, and report performance issues in Microsoft Power BI
- Explanations or recommendations for using Microsoft Power BI features and tools
- Fixing or optimizing existing elements in Power BI reports
- Help with existing visualizations and visualization issues in Power BI

Explicitly excluded from these services:
- Development of new Power BI projects, reports, or dashboards
- Major revisions of existing Power BI solutions
- Complete redesign or update of existing Power BI data models
- Training sessions or workshops

Such additional services may be arranged through BSGroup Data Analytics’ main consulting offer and require a separate contract. Coins cannot be applied to such services.

The Client is responsible for managing and directing the consultation. Results achieved through Consulting Services are the Client’s responsibility.

Place of performance is the headquarters of BSGroup Data Analytics. Services are provided via phone or video (generally Microsoft Teams).

Compensation and Payment Terms

All prices are in Swiss francs (CHF) including VAT.

Billing terms are based on the invoice or, if missing, the order confirmation, or the price details shown during checkout. BSGroup Data Analytics reserves the right to provide services only against prepayment regardless of the chosen payment method.

Unless stated otherwise, payments are made in advance via credit or debit card.

BSGroup bills Consulting Services as per time spent, using Coins as described. If insufficient Coins are available, the Client must purchase additional Coins.

Client’s Obligations to Cooperate

The Client must provide all necessary cooperation, infrastructure, and access required to enable BSGroup Data Analytics to perform its services on time and free of charge. This includes:

- Informing BSGroup of all relevant facts for service delivery
- Providing necessary telecommunications (e.g., internet)
- Sharing screens if required

The Client is responsible for compliance with software license agreements. BSGroup is not liable for any IP infringement; the Client shall indemnify BSGroup from third-party claims.

Delays or extra effort due to the Client's failure to cooperate may be charged additionally.

Fulfillment

The purchase is fulfilled once Coins are credited to the user account. Consulting Services are fulfilled once the booked session has been provided.

Warranty and Liability

BSGroup performs services with due care in accordance with standard practices. Liability is excluded to the extent permitted by law. No additional claims exist beyond these terms.

Intellectual Property Rights

Pre-existing IP rights of the Contracting Parties are not affected. Fulfilling the contract does not grant the Client any rights or licenses to BSGroup IP.

Unless otherwise agreed, both parties may use acquired know-how freely. All copyrights and IP rights to delivered documents remain with BSGroup. The Client may use the results for internal purposes.

The Client guarantees that they only provide documents they are authorized to share. These provisions remain valid indefinitely.

Data Backup by the Client

Before and during any work involving client systems or data, the Client must ensure proper data backup.

BSGroup Employees

The Client agrees not to employ or contract BSGroup employees involved in the service for one year after project completion without prior written consent. Breach incurs a penalty equal to one year's gross salary per employee.

Service Delivery

BSGroup may use third parties and remains responsible for their selection and supervision. BSGroup may also provide similar services to other clients.

Confidentiality and Data Protection

Both parties agree to keep all confidential information secret. This obligation is indefinite as long as the confidentiality interest exists. Employees and third parties must also be bound by this obligation.

The Client acknowledges that service delivery may involve collecting and processing personal data under Swiss data protection law, including cross-border transfers. Data is processed according to BSGroup’s Privacy Policy (available on their website).

If BSGroup acts as a processor on behalf of the Client, an additional Data Processing Agreement (DPA) will be signed.

After service completion, BSGroup will delete or return all client data within 30 days unless legal retention applies.

Breach of Confidentiality and Usage Rights

If the Client or their representatives intentionally or negligently breach confidentiality, they owe BSGroup CHF 10,000 per incident. Further damage claims remain reserved. The contractual obligations remain binding.

Final Provisions

Changes to these GTC or an order must be in writing. This includes electronic signatures.

The Client may not assign rights without BSGroup’s written consent. BSGroup may assign the contract in whole or part. Coins are non-transferable.

If any provision is invalid, the remaining provisions remain in force. The invalid clause shall be replaced with a legally effective one that comes closest to the economic intent.

Governing Law and Jurisdiction

Swiss law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the ordinary courts at the registered office of BSGroup Data Analytics in Switzerland. BSGroup may also take legal action at the Client’s registered office.