1. Scope
These General Terms and Conditions ("Terms") apply to all consulting, analytics, dashboard and reporting services provided by Giacomo Ialenti ("I", "me"), trading as ServiceKPI Analytics, Hamburg, Germany, to business customers within the meaning of § 14 BGB (B2B) only. They do not apply to consumers within the meaning of § 13 BGB. No goods are sold and no payment is processed through this website. All engagements are agreed individually and invoiced separately.
2. Services
I provide KPI consulting, Power BI and Excel dashboard development, DAX and data modelling, and related reporting and analytics services, as described on the Services page and agreed individually with each client. The exact scope, deliverables and timeline of an engagement are set out in a written proposal, quotation or email confirmation before work begins.
3. Contract formation
An enquiry sent through this website, by email or by booking a call is a non-binding request for information and does not create a contract. A contract is formed only once I confirm the agreed scope, price and timeline in writing (by email or a signed proposal) and the client accepts it, also in writing.
4. Pricing and payment
No payment is collected through this website. Prices shown on the website are starting points. The price of an engagement is agreed individually, based on the scope agreed in writing. Unless otherwise agreed, invoices are payable by bank transfer within 14 days of the invoice date. For larger engagements, a milestone-based payment schedule, for example an upfront deposit and a final payment on delivery, may be agreed in the written proposal.
5. Client cooperation
Timely delivery depends on the client providing the information, data access and feedback needed for the engagement. Delays caused by missing data, late feedback or changes to the agreed scope may extend the delivery timeline and, where the additional work is material, may be billed separately after agreement with the client.
6. Delivery and acceptance
Deliverables such as dashboards, data models or reports are provided in the format agreed in the proposal. Unless otherwise agreed, the client has 10 business days after delivery to report any defects or deviations from the agreed scope in writing. Minor deviations that do not materially affect the usability of the deliverable do not entitle the client to refuse acceptance.
7. Intellectual property
Upon full payment, the client receives the right to use the specific deliverables created for them (dashboards, reports, data models) for their own internal business purposes. General methods, templates, DAX patterns and reusable frameworks that I developed before or independently of the engagement remain my intellectual property and are not transferred to the client, unless explicitly agreed otherwise in writing.
8. Confidentiality
Both parties agree to keep confidential any business, technical or data-related information disclosed during the engagement that is reasonably identifiable as confidential, and not to disclose it to third parties without prior written consent, except as required by law.
9. Liability
I am liable without limitation for damages from injury to life, body or health, and for damages caused by intent or gross negligence. For ordinary negligence, I am liable only for the breach of an essential contractual obligation, meaning an obligation whose fulfilment is what makes proper performance of the contract possible in the first place and on which the client can regularly rely. In that case my liability is limited to the foreseeable damage typical for this type of contract. Liability under the German Product Liability Act and claims under mandatory statutory provisions remain unaffected. Liability is otherwise excluded.
10. Term and termination
Project-based engagements end upon delivery and acceptance of the agreed deliverables. Ongoing or retainer-based engagements may be terminated by either party in writing, subject to the notice period agreed in the individual proposal, or with 30 days' notice if no specific notice period was agreed. The right to extraordinary termination for good cause remains unaffected.
11. Applicable law and jurisdiction
These Terms and all engagements are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). To the extent legally permissible, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is Hamburg, Germany.
12. Severability
If any provision of these Terms is or becomes invalid, this does not affect the validity of the remaining provisions. The invalid provision is replaced by a valid provision that comes as close as possible to its original economic purpose.
13. Changes to these Terms
I may update these Terms from time to time, for example when my services or legal requirements change. The version in force at the time an engagement is confirmed applies to that engagement.
14. Contact
Questions about these Terms can be sent to info@servicekpi-analytics.com.