​

For Business Clients

Last updated: 8 October 2026

​

1. Provider

These Terms and Conditions apply to consulting services provided by:

Chrislène Tongning
trading as DataVizir

Berlin, Germany

Email: hello@datavizir.com

hereinafter referred to as "DataVizir".

​

2. Scope and B2B Status

These Terms and Conditions apply exclusively to clients acting in the course of their commercial, business or independent professional activity within the meaning of Section 14 of the German Civil Code (BGB), as well as legal entities under public law and special funds under public law.

DataVizir does not offer services under these Terms and Conditions to consumers acting primarily for private purposes.

Individual agreements, proposals, statements of work, order confirmations or other written project agreements take precedence over these Terms and Conditions where they contain differing provisions.

​

3. Services

DataVizir provides business intelligence, data analytics, commercial analytics, marketing and sales analytics, Revenue Operations analytics, data strategy and related consulting services.

​

Depending on the individual project, services may include, among other things:

• strategic analysis and decision support; and

• related advisory and implementation services.

• business and performance analysis;

• dashboard and reporting development;

• automated reporting systems;

• data modeling;

• predictive analytics and machine learning;

• data-quality and process analysis;

• marketing, sales, funnel and customer-journey analytics;

• market and competitive analysis; and

​

The exact scope, deliverables, timetable and fees for each engagement are defined in the relevant proposal, statement of work, order confirmation or other project agreement.

​

4. Nature of the Engagement

Unless a specific result is expressly agreed as being owed under a contract for work, DataVizir provides consulting and analytical services on a service basis.

Commercial results such as increases in revenue, conversion rates, profitability, marketing return, customer acquisition or other business outcomes depend on numerous factors outside DataVizir's control and are not guaranteed unless expressly agreed otherwise in writing.

Recommendations and analytical findings are intended to support business decision-making. Final business and operational decisions remain the responsibility of the client.

​

5. Formation of the Contract

A contract is formed when the client accepts a proposal or other offer from DataVizir, signs or electronically accepts the relevant project documentation, or otherwise expressly confirms an engagement.

The applicable project proposal or statement of work and these Terms and Conditions together form the contractual basis of the engagement.

Where there is a conflict between an individually agreed project provision and these Terms and Conditions, the individually agreed provision takes precedence.

​

6. Client Cooperation

The client shall provide the information, access, documentation, data, system permissions, feedback and other cooperation reasonably required to perform the agreed services.

The client is responsible for ensuring that:

• information and data supplied to DataVizir is sufficiently accurate and complete for the agreed purpose;

• the client has the necessary rights and legal basis to provide such data and access;

• relevant stakeholders are reasonably available where their input is required; and

• agreed approvals, decisions and feedback are provided without unreasonable delay.

Where a project is delayed because required information, access, feedback or cooperation has not been provided by the client, agreed deadlines may be adjusted accordingly.

​

7. Subcontractors and Specialist Partners

DataVizir may engage suitably qualified independent contractors, specialist consultants or other service providers to support the performance of an engagement where appropriate.

DataVizir remains responsible to the client for the performance of the agreed services by such subcontractors in accordance with the applicable contract and law.

Subcontractors who receive access to confidential client information will be subject to appropriate confidentiality obligations.

Where a subcontractor processes personal data on behalf of the client, their engagement will be subject to the applicable data-processing agreement and the requirements of applicable data-protection law.

Unless otherwise agreed, the selection and management of subcontractors used by DataVizir remains the responsibility of DataVizir.

​

8. Data Quality and Third-Party Systems

Analytical results depend on the quality, completeness, structure and availability of the underlying data.

DataVizir is not responsible for inaccuracies resulting from incomplete, incorrect, outdated or inconsistent source data supplied by the client or generated by third-party systems, unless DataVizir caused the relevant error.

Third-party platforms, software, APIs, advertising systems, CRM systems, analytics platforms and other external technologies may change, restrict access, experience outages or modify their functionality without DataVizir's control.

DataVizir is not responsible for failures or changes caused solely by such third-party systems.

​

9. Project Changes

Requests that materially extend or modify the originally agreed scope may constitute additional services.

Where additional work is required, DataVizir will inform the client and the parties may agree on corresponding changes to scope, fees or timelines before the additional services are performed.

Minor adjustments reasonably necessary to complete the agreed scope do not constitute a separate project change.

​

10. Fees, Invoicing and Payment

Fees are determined in the relevant proposal, statement of work, order confirmation or other project agreement.

Unless otherwise stated, prices are exclusive of any applicable VAT.

Invoices are payable within the payment period specified on the relevant invoice or project agreement.

Where no specific payment arrangement has been agreed, the statutory German payment rules apply.

Reasonable travel costs or other material third-party expenses will only be charged where agreed with the client or reasonably necessary for the engagement and communicated in advance.

​

11. Intellectual Property and Usage Rights

Each party retains ownership of intellectual property, materials, methodologies, software, documentation, know-how, templates, code, analytical frameworks and other materials that it owned or developed independently of the specific project.

Unless otherwise agreed in writing, once all fees relating to the relevant deliverable have been paid, the client receives a perpetual right to use, reproduce and internally modify the project-specific deliverables created specifically for the client for its own business purposes.

Reusable methodologies, analytical frameworks, know-how, generic code, software components, templates, models, libraries, processes and techniques developed or used by DataVizir remain the intellectual property of DataVizir.

DataVizir remains free to use general knowledge, experience, skills, methods and know-how acquired or developed in the course of providing its services, provided that no confidential information or personal data of the client is disclosed.

Third-party software, open-source software, datasets, platforms and other materials remain subject to the licensing terms of their respective rights holders.

​

12. Confidentiality

Each party shall treat non-public commercial, technical, financial, strategic and other confidential information received from the other party as confidential.

Confidential information may only be used for purposes connected with the relevant engagement and may not be disclosed to third parties except:

• where disclosure is necessary for the performance of the engagement and the recipient is subject to appropriate confidentiality obligations;

• where disclosure is required by law or by a competent authority; or

• where the information has become publicly available without breach of a confidentiality obligation.

These confidentiality obligations continue after the end of the engagement.

​

13. Data Protection

Each party shall comply with applicable data-protection law in connection with the engagement.

Where DataVizir processes personal data on behalf of the client within the meaning of Article 28 GDPR, the parties shall enter into an appropriate data-processing agreement where legally required.

The client is responsible for ensuring that it has an appropriate legal basis for personal data, datasets and system access supplied to DataVizir.

​

Where DataVizir engages a sub-processor in connection with personal data processed on behalf of the client, DataVizir will comply with the authorization and contractual requirements applicable under Article 28 GDPR and the relevant data-processing agreement.

​

14. Client References and Case Studies

DataVizir will not publicly identify the client or use confidential client information in a published case study without the client's permission.

Anonymized knowledge and experience may be used provided that the client and affected individuals cannot reasonably be identified and no confidential information is disclosed.

​

15. Liability

DataVizir has unlimited liability for:

• damage caused intentionally or through gross negligence;

• injury to life, body or health caused intentionally or negligently;

• liability that cannot legally be excluded or limited; and

• liability under mandatory statutory provisions.

In cases of ordinary negligence, DataVizir is liable only for breach of a material contractual obligation whose fulfilment is essential to the proper performance of the contract and on whose fulfilment the client may ordinarily rely.

In such cases, liability is limited to damage that was foreseeable and typical for the relevant type of contract at the time the contract was concluded.

The above limitations also apply to the personal liability of employees, agents and other persons engaged by DataVizir in performing the services.

​

16. Project Timelines and Delays

Project dates and milestones are binding only where expressly identified as binding in the relevant project agreement.

Where performance is delayed by circumstances outside DataVizir's reasonable control, including delayed client cooperation, technical outages, third-party platform changes or force majeure events, project timelines may be reasonably adjusted.

DataVizir will inform the client of material delays where reasonably possible.

​

17. Termination

The duration and any ordinary termination rights for ongoing consulting, retainer or recurring engagements are determined by the relevant project agreement.

The right of either party to terminate an agreement for good cause remains unaffected.

Upon termination, services properly performed up to the effective termination date and agreed non-cancellable costs remain payable.

​

18. Applicable Law

The contractual relationship between DataVizir and the client is governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

​

19. Jurisdiction

Where the client is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the courts at DataVizir's place of business shall have jurisdiction to the extent permitted by law.

Where an exclusive jurisdiction agreement is not legally permissible, the statutory rules on jurisdiction apply.

​

20. Amendments and Individual Agreements

Individual contractual agreements between DataVizir and the client take precedence over these Terms and Conditions.

Amendments and additions to an individual project agreement should be recorded in text form for documentation purposes.

​

21. Severability

If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions remain unaffected.

The applicable statutory provision shall take the place of the invalid or unenforceable provision.