These General Terms and Conditions (GTC) apply to all services provided by kumai (hereinafter referred to as "kumai" or "we") to its clients in the field of data strategy, business intelligence (BI), and AI consulting.
For readability, the generic masculine form is used in this document, but all terms apply equally to all genders.
1.2 Service Packages
kumai provides consulting services as agreed with each client. These may include
Data governance and BI-readiness assessments
Business intelligence implementation and reporting
AI-readiness assessments and solution orchestration
Ongoing consulting and project support
1.3 Service Delivery
Services are delivered either remotely or on-site, depending on the project requirements and as agreed with the client.
1.4 Communication
Communication primarily occurs via email, Microsoft Teams, or otheragreed channels (e.g., Outlook, HubSpot). Any additional communication toolsmust be mutually approved.
2. Contract Formation and Term
2.1 Contract Conclusion
The contract is concluded once the client accepts kumai's proposal or signs an agreement outlining scope, timeline, and fees.
2.2 Duration and Termination
Contracts are valid for the duration specified in the agreement
Termination must be provided in writing in line with the notice period defined in the contract.
Any hours or deliverables already performed at the time of termination will be invoiced accordingly.
Ongoing consulting and project support
2.3 Transfer of Hours
Unused consulting hours do not automatically transfer to future projects unless explicitly agreed upon in writing.
3. Payment Terms
Payments are due within 15 days after receipt of invoice, unless otherwise agreed in the contract.
Services will only be delivered after receipt of full payment
Late payments may result in suspension of services until settlement.
Any additional fees or penalties for late payments are defined in individual project agreements
4. Liability and Limitations
4.1 General Liability
kumai is liable only for damages caused intentionally or by gross negligence. No liability is assumed for indirect or consequential damages.
4.2 Exclusions
kumai is not liable for:
Errors or delays caused by third-party providers or tools (e.g., Microsoft, HubSpot, cloud services).
Misinterpretation or incorrect use of deliverables by the client.
Force majeure events (e.g., strikes, natural disasters, pandemics).
4.3 Client Responsibilities
Clients must provide accurate and timely information required for the execution of services. Delays caused by missing or incorrect data may lead to additional costs
5. Data Protection and Confidentiality
5.1 Data Processing
All personal and business data is processed according to Swiss Data Protection Law (revDSG) and the current kumai Privacy Policy.
5.2 Confidentiality
kumai treats all client data and information as strictly confidential. Data flagged as internal or under NDA receives special handling and is only processed in secure environments.
5.3 AI Usage
Client data will never be used to train public AI models. Data may be processed internally with AI systems to deliver project results. Clients who do not wish to allow this must state it explicitly at the beginning of the engagement.
6. Service Execution and Client Obligations
6.1 Scope of Services
Services are provided according to the agreed contract or statement of work. kumai does not guarantee third-party results, product availability, or vendor performance
6.2 Exclusions
kumai does not provide:
Legal, tax, or financial advisory services.
Development of custom software outside of agreed project scope.
6.3 Client Obligations
The client is responsible for:
Providing all necessary data, access rights, and information.
Ensuring timely feedback and approvals during project execution
Maintaining appropriate data security measures on their systems.
7. Intellectual Property
All materials, deliverables, and tools developed by kumai remain the intellectual property of kumai unless otherwise stated in the contract.
Clients receive a non-exclusive, non-transferable right of use for internal business purposes.
8. Final Provisions
8.1 Severability Clause
If any provision of these GTC is or becomes invalid, the remaining provisions remain in full effect.
8.2 No Waiver
Failure to enforce any provision does not constitute a waiver of rights under this agreement.
8.3 Assignment
Clients may not assign any rights or obligations under this agreement without prior written approval from kumai.
8.4 Applicable Law and Jurisdiction
These GTC are governed exclusively by Swiss substantive law, excluding conflict of law rules and the UN Sales Convention. Exclusive place of jurisdiction is Zurich, Switzerland.
8.5 Amendments
kumai may update these GTC with a 30-day notice period. Changes are deemed accepted unless the client objects in writing within 20 days of receiving notice. In case of objection, the client may terminate the contract with immediate effect.
.png)
