Terms and conditions of sale and use

1. Purpose and scope

These terms govern the provision of Baccus, an online management service for spirits merchants and event managers, published by the publisher named at the end of this document.

The service is intended exclusively for professionals acting in the course of their commercial, craft or self-employed activity. It is not intended for consumers.

Together with the refund policy in force, they constitute the entire agreement between the parties. Where the two documents conflict, these terms prevail.

2. Subscription and formation of the contract

Subscription takes place online. The client provides their company name, billing address, the pack, the number of users required, the payment schedule and the setup option, then expressly accepts these terms.

The contract is formed when the first payment is collected. The version of the contractual documents accepted by the client is recorded with the subscription.

The publisher reserves the right to decline a subscription, in particular where the information provided is manifestly inaccurate. In that case no sum is charged, or any sum charged is refunded in full.

3. Prices

The Pack Baccus subscription is 149 CHF per month, for 5 users and every module of the service. This is the amount charged each month on the monthly schedule; the other schedules discount it (article 5).

Beyond 5 users, each group of 5 additional users is charged 39 CHF per month, on the same schedule as the main subscription. A group begun is a group due.

The Pack Solo is 89 CHF per month, for a single user and every module of the service, on the same payment schedules and the same commitment as the Pack Baccus. It admits no additional user: from the second user onwards, the client moves to the Pack Baccus.

The monthly amounts above are reference rates before discounts. The six-monthly schedule applies a 6% discount. The annual schedule applies a 12% discount. The discount applies separately to the monthly rate of each item, rounded to the nearest franc, then multiplied by the number of months the payment covers. The amounts charged are shown in article 5 and in the order summary.

Setup is charged separately, at the client's choice:

• Self-made — free of charge.
• Full delivery — 799 CHF, one-off.

A discount code may be issued by the publisher, in particular to clients already subscribed to another product in its range. It is entered at checkout and applies to periods invoiced from that point on. No discount is applied automatically: the products in the range exchange no data, so the publisher cannot establish on its own that a client is subscribed elsewhere.

All amounts are expressed in Swiss francs (CHF).

4. Value added tax

The publisher is not registered for value added tax. No VAT is charged to the client, and no VAT is recoverable by the client on that basis.

The amounts stated in these terms and on the pages of the website are therefore the final amounts due: nothing is added to them.

Should the publisher become liable for VAT during the term of the contract, the tax would apply to periods invoiced thereafter, and the client would be informed before the relevant renewal date. Periods already paid would not be taxed retroactively.

5. Commitment period and payment schedule

The subscription is taken out for a firm period of twelve months. This period does not depend on the payment schedule chosen.

The client chooses the schedule on which these twelve months are paid. Paying in advance earns a discount, which is its only consideration:

• monthly — 149 CHF per payment for the base subscription, plus 39 CHF per group of 5 additional users; 12 payments over the commitment.
• six-monthly — 840 CHF per payment for the base subscription, plus 222 CHF per group of 5 additional users; 2 payments over the commitment, that is a 6% discount on the monthly rate.
• annual — 1'572 CHF per payment for the base subscription, plus 408 CHF per group of 5 additional users; a single payment for the commitment, that is a 12% discount on the monthly rate.

For the Pack Solo, each payment is 89 CHF on the monthly schedule, 504 CHF on the six-monthly schedule or 936 CHF on the annual schedule.

The first payment is taken at subscription; the following ones at each due date of the schedule. The schedule does not shorten the commitment. Paying monthly does not release the client after one month: the twelve months are due, and termination follows article 6.

Payment is handled by Stripe, the payment provider. Card details are entered on Stripe's pages: the publisher neither receives nor stores them at any point.

6. Renewal and termination

At the end of the twelve months, the subscription renews for a further period of the same length, at the rates then in force.

The client may stop the renewal at any time before the expiry date, without notice or justification, from their billing area — available in Baccus under Settings → Subscription — or by writing to the contact address given at the end of this document.

Termination takes effect at the end of the twelve-month commitment, not at the end of the current payment. The service remains open until then; the amounts still due under the commitment remain payable on the chosen schedule, and periods already paid are not refunded (see the refund policy).

The same area gives access to invoices and allows the payment method to be changed. It is operated by the payment provider; no card data passes through the publisher.

The publisher may terminate the contract in the event of a serious breach of these terms by the client, after a formal notice has remained without effect for thirty days.

7. Non-payment and suspension

If a payment fails, the payment provider makes several further attempts over a period of about fifteen days. Access remains open during that time: an expired card must not deprive a business of its working tool on the same day.

Access is suspended only once the payment has definitively failed. Suspension is not termination: data is retained, and access is restored as soon as payment is settled.

8. Accounts and users

The client appoints an administrator, who creates and revokes their colleagues' accounts. Each account is personal and must not be shared.

The client is responsible for keeping their users' credentials confidential and for the actions carried out from those accounts. They must inform the publisher without delay of any unauthorised access they become aware of.

The number of active users may not exceed the number of seats subscribed. Exceeding it gives rise to charges for the corresponding additional groups, under article 3.

9. Client data

The client remains the owner of all data they enter — stock, contacts, prices, documents and attachments. The publisher acquires no rights over it, exploits it for no purpose of its own, and discloses it to no third party.

Each client's data is hosted in a database of their own, in Switzerland. This is not a shared database partitioned by software: there is no technical path from one client's database to another's.

The publisher accesses the client's data only at their express request, for the purposes of support, and within the limits of that request.

10. Personal data protection

The service processes personal data on two distinct bases.

For the client's user account data (name, business address, sign-in log), the publisher acts as controller, for the sole purpose of providing and securing the service.

For the data the client enters into their tool, including that of their own customers and suppliers, the publisher acts as processor: it processes that data on the client's instructions, and for them alone.

Processing is subject to Swiss data protection law. Any request relating to personal data should be sent to the contact address given at the end of this document.

11. Availability, backups and changes

The publisher uses reasonable means to keep the service available and takes regular backups. No specific availability figure is guaranteed by these terms; no service level agreement is attached to them.

The service may be interrupted for maintenance. The publisher endeavours to give advance notice and to choose the least disruptive times.

The service evolves: features are added, others changed. The publisher does not withdraw an essential feature during a paid period without informing the client.

12. Return of data

On termination, a complete copy of the client's database is handed over to them, in a readable and usable format, free of charge.

Data is then retained for thirty days after the end of the contract, and permanently deleted thereafter. That period allows time to reverse a termination or to notice an oversight; once it has passed, deletion is irreversible and the publisher can return nothing further.

13. Intellectual property

The Baccus software, its code, interface, templates and graphic elements remain the exclusive property of the publisher.

For the term of the contract, the client is granted a personal, non-exclusive right of use, limited to their own needs. That right includes neither assignment, nor making the service available to third parties, nor decompilation, nor reproduction.

14. Sub-processors

The publisher uses the following providers:

• OVH — hosting of servers and databases, in Switzerland;
• Stripe — payment processing and storage of payment methods.

The publisher informs the client of any change of provider liable to affect the hosting or security of their data.

15. Liability

The publisher is liable for direct damage caused by its own breach of these terms. Its total liability, on any ground whatsoever, is limited to the amount actually paid by the client in respect of the twelve months preceding the triggering event.

The publisher is not liable for indirect damage, loss of business, loss of profit, or the consequences of a commercial decision taken by the client on the basis of a figure displayed by the service.

Baccus is a management tool, neither an appraisal instrument nor statutory accounting software. It produces invoices and keeps a spirits register from what the client enters into it; it replaces none of their accounting or reporting obligations. It references customs and excise documents — number, date, parties, regime, attached file — and issues none of them. It qualifies neither a bottle, nor a tax regime, nor a provenance. The costs, margins and valuations it calculates rest on the data entered by the client, for which they alone are answerable.

These limitations apply neither in the event of wilful misconduct or gross negligence by the publisher, nor where applicable law sets them aside.

16. Changes to these terms

The publisher may amend these terms. The new version is brought to the client's attention and applies only from the following renewal: a period already paid remains governed by the version accepted at subscription.

A client who does not accept the new version may stop the renewal under article 6.

17. Governing law and jurisdiction

These terms are governed by Swiss law, excluding its conflict of law rules and the Vienna Convention on Contracts for the International Sale of Goods.

Any dispute falls within the exclusive jurisdiction of the courts of Lausanne, subject to appeal to the Swiss Federal Supreme Court.

18. Language

This English text is a translation provided for convenience. In the event of any discrepancy, the French version of these terms prevails.