General Terms and Conditions (GTC)
Information
Marketing Monkeys GmbH (hereinafter referred to as MM) operates the website www.marketingmonkeys.ch and owns the registered trademark "Marketing Monkeys." MM is also the brand owner and operator of www.soulclick.ch and www.soulclick.io, as well as the owner of the registered trademark "Soulclick" (hereinafter referred to as SCL).
1. General Terms
The following General Terms and Conditions (GTC) govern the use of MM's software and fundraising solutions as well as services. MM provides clients with online donation modules as part of the Software-as-a-Service (SaaS) business model under the SCL brand for the contract duration in exchange for a fee. By signing an individual agreement, the client explicitly agrees to these GTC. Service assignments (e.g., agency services) are offered and processed on a contractual basis.
2. Compensation
Services are offered, recorded, and billed based on actual hours worked. The following activities are tracked in a professional project management tool:
- Effective working or consulting hours, both by phone and in person.
- Meetings, preparation, and follow-up of appointments and order processing.
Maintenance of software solutions is not included in the services and is covered under separate service level agreements (SLA) with clients. All details are subject to change, and errors or typos are excepted.
2.1 Prices
Custom services are estimated based on effort and offered accordingly. The offered hourly rate ranges from 180.00 to 240.00 Swiss Francs, depending on the complexity of the task(s). Predefined service packages and software services are offered and billed at fixed prices. Pricing details are transparently published on MM and SCL websites.
2.2 Expenses
Travel costs are calculated at CHF 0.70 per kilometer. Alternatively, public transportation is charged at the 1st-class rate (with a half-fare discount). For external stays, such as workshops, lunch is charged at a flat rate of CHF 40.– and dinner at CHF 50.– per attending staff member. Travel time for arrival and return is billed at half the hourly rate.
2.3 Payment Terms
Invoices are payable within 20 days. For orders exceeding 5,000 Swiss Francs, an advance payment invoice is issued. The service level agreement terms apply during operation. MM reserves the right to revoke the “on invoice” payment option. In the case of late payments, reminder fees of 50.00 Swiss Francs per reminder are applied. Delays exceeding 60 days will incur default interest of 7% per annum starting from the first overdue day.
Bank Information:
Credit Suisse – Part of UBS Group
Marketing Monkeys GmbH
IBAN: CH26 0483 5216 7077 3100 0
BIC/SWIFT: CRESCHZZ80A
3. Service and Support
MM support is available Monday to Friday, from 09:00 to 17:00 CET, by phone at 032 530 54 43 or via a ticketing link. For support outside these hours, individual service agreements (SLA) may be arranged. Agreed response and resolution times begin once an online ticket is opened.
4. Intellectual Property and Usage Rights
The client acknowledges MM's intellectual property rights, particularly copyrights for SCL software, documentation, services, models, concepts, and other intellectual property. Clients may not provide the software to third parties for paid or unpaid use, sublet, or use it beyond the terms of the contractual agreement with MM.
Copying for purposes of sale, rental, public broadcasting, or transfer to third parties is strictly prohibited and will be sanctioned. Usage rights transfer to the client only after all outstanding claims have been settled and apply solely for the duration of the individual contract.
5. Data Protection and Security
MM handles client data with the utmost care, protecting it from misuse and loss through technical and organizational measures compliant with the European GDPR and Swiss DSG. Data is stored in Switzerland, with an optional European server location available upon request.
MM's privacy policy informs about the handling of personal data and the rights of affected individuals. If data processing is required, the data processing agreement is part of these GTC.
6. Account Suspension
Developed individual software (e.g., websites) and Soulclick and Automation Monkey accounts will be deactivated 14 days after the first reminder. Accounts remain suspended until full payment is made. After 20 days from suspension, accounts are automatically deleted along with all client data. Reactivation and restoration incur a one-time fee of 1,000 Swiss Francs.
7. Confidentiality
All parties agree to maintain confidentiality regarding all sensitive information of the other party. MM may involve subcontractors or representatives but ensures that confidentiality obligations extend fully to them. MM treats all client data confidentially, with client-assigned service providers not considered third parties.
8. Warranty
MM commits to providing all services technically accurately.
9. Liability
Given the complexity of online payments and software services, MM is only liable for issues within its control, such as MM-managed and operated parts of the software and infrastructure. Issues caused by third-party providers (e.g., cloud hosting or payment gateways) are not within MM's liability. MM excludes liability for indirect or consequential damages and limits liability to gross negligence or intentional misconduct, as permitted by law.
No party is liable for delays or non-performance caused by force majeure (e.g., strikes). Affected parties must notify the other immediately of any force majeure events.
10. Final Provisions
10.1 Form Requirements
Amendments or additions to the contract must be made in writing. Rights derived from the contract may only be transferred to third parties with prior written consent.
10.2 Validity
If any provision of this contract is deemed invalid or unenforceable, the remaining provisions remain unaffected. Invalid or unenforceable provisions will be replaced by ones that achieve the intended economic outcome.
10.3 Disputes
In case of disputes, parties will attempt amicable resolution, involving executive management if necessary. If no resolution is reached, legal action may be taken.
10.4 Jurisdiction
This contract is governed by Swiss law, excluding the United Nations Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the registered office of Marketing Monkeys GmbH in Solothurn, Switzerland. The company is represented by Thomas Roth, Fahrni (BE).
Issued: Solothurn, October 2024 (supersedes earlier versions)