General Terms and Conditions (GTC)

Below we inform you about the conditions of this website.

Soulclick (hereinafter SCL) is a brand of Marketing Monkeys GmbH (hereinafter MM), operator of www.soulclick.ch, www.soulclick.io, and owner of the protected, identically named brand Soulclick.

1. General

These General Terms and Conditions (GTC) govern the use of MM's software and fundraising solutions and services. MM provides the Customer (1) with Online Donation Modules in the Software-as-a-Service (SaaS) model, under the brand SCL, for the duration of the contract, against payment. By signing the individual contract, the Customer expressly agrees to these GTC.

2. Responsibilities

2.1 Responsibilities and Services of MM

MM is responsible for providing the agreed contractual services and the agreed service level pursuant to item 3. These services are governed individually in the SaaS Subscription Agreement. MM makes the ordered SaaS products available to the Customer for use as intended and grants the Customer the non-exclusive and non-transferable right to use them during the term of the agreement.

2.2 Responsibilities of the Customer

The Customer remains fully responsible for the operation, the security of access data, and the content of the platform as well as any other digital media in which SCL is used. All costs arising in connection with the fulfilment of these responsibilities are borne by the Customer. Passwords must be stored securely (e.g., in 1Password, KeePass, or similar).

For payment agreements entered into on behalf of the Customer, regular reviews (audits) may be carried out by the respective payment provider. These take place in accordance with the applicable financial market regulations at the provider's registered office. If deficiencies are identified during an audit (e.g., failure to update board members or breaches of data protection) or if new regulatory requirements must be met, responsibility for the necessary adjustments lies with the Customer. MM provides support upon request; however, the provision of the requested documents and the remedy of any deficiencies are the Customer's responsibility.

3. Service and Support

SCL support is available in person Monday through Friday from 09:00 to 17:00 (CET). Requests must be submitted via the ticketing system. For support outside these hours, individual service agreements (Service Level Agreements) can be concluded.

4. Prices and Fees

The current prices for Soulclick software products and subscriptions are published transparently on www.soulclick.ch and www.soulclick.io. During onboarding, the account setup is invoiced first, and the implementation fee upon completion of the project. For larger projects with a longer implementation period, the implementation fee may be invoiced in instalments. Subscription fees are first invoiced 30 days after account setup, during the implementation phase.

During operation, the following services are billed on a regular basis:

• Subscription fees
• Support and other services (based on effort)

Depending on the payment provider, additional so-called payment tokens are charged per transaction. These are invoiced once annually. Organizations that book a campaign agreement (Services) receive the Campaigner package for the duration of the campaign agreement.

4.1 Service and Expense Billing

Services related to implementation, customization, support, and software extensions during operation are logged and billed based on actual hours worked. Soulclick may also engage additional contract partners (e.g., agency partners) for this purpose.

Hourly reporting is carried out via project management software. Detailed hourly billing includes:

• Actual working or consulting time, whether by phone, in writing, or in person
• Meetings, preparation, and follow-up of appointments and order processing

Maintenance and upkeep of the software are included in the SaaS subscription. All information is provided without engagement. Errors and printing mistakes are excepted. Travel costs are charged at CHF 0.70 per km. Alternatively, public transport is billed at the half-day 1st class rate. For off-site stays, such as workshops, lunch is charged at a flat rate of CHF 40.- and dinner at CHF 50.- for all Soulclick employees present.

4.2 Payment and Late Payment

Invoices are payable within 20 days. For large orders, a deposit may be agreed. During operation, the terms described in the Subscription Agreement apply. We reserve the right to revoke the "payment by invoice" option. In the event of late payment, reminder fees of CHF 50.- per reminder will be charged from the first reminder level onward. In the event of late payment exceeding 60 days, default interest of 7% (annual rate) on the invoiced amount will be charged from the first day of default.

Bank details

Credit Suisse – Part of UBS Group
Marketing Monkeys GmbH
IBAN: CH26 0483 5216 7077 3100 0
BIC/SWIFT: CRESCHZZ80A

5. Property Rights and Rights of Use

The Customer acknowledges the property rights, in particular the copyright of MM in the software, documentation, and services. The Customer is not entitled to make services available to third parties, e.g., agencies or other NPOs, for use, whether for payment or free of charge, or to sublease them, and/or to use them outside the scope of the contractual relationship with MM, or to dispute MM's rights in any way.

The making of copies for the purpose of sale, commercial rental, public broadcast, and/or transfer or assignment to third parties will be sanctioned without exception. All rights of use are transferred to the Customer only once no claims remain outstanding. These rights extend exclusively over the duration of the individual contract.

6. Data Protection and Data Security

MM treats customer data with the utmost care and protects it against misuse and/or loss. MM implements technical and organizational measures that meet at least the standards of the European GDPR. Data is stored in Switzerland. At the Customer's request, a European server location can be selected. Otherwise, the terms of the Data Protection Agreement apply.

7. Confidentiality

Both contracting parties undertake to keep confidential all confidential information of the other party. MM is entitled to engage subcontractors and representatives but must fully impose the confidentiality obligation on them. MM undertakes to treat all data confidentially vis-à-vis third parties. Service providers of the Customer shall not be considered third parties in this context.

8. Warranty

MM undertakes to provide all Services in a technically correct manner.

9. Code of Conduct

MM strives to uphold the highest standards in preventing money laundering and terrorist financing, as well as in handling personal data. In doing so, we comply with the legal framework of Swiss and European data protection law, as well as the Swiss Anti-Money Laundering Act (AMLA) pursuant to SR 955.0 - Federal Act of 10 October 1997 on Com... | Fedlex (admin.ch).

In addition to the statutory provisions, the ethical guidelines of our Code of Conduct apply.

10. Liability

The processing of online payments involves numerous parties. The most important partners are listed on an ongoing basis under Sub-Processors. It is expressly agreed that MM can only be held liable for circumstances within MM's sphere of influence, in particular parts of the software and infrastructure operated and controlled by MM.

Causes attributable to upstream or downstream value-chain providers (e.g., cloud hosting or payment gateways) do not fall within MM's scope of liability. In particular, MM shall not be liable for damages caused by faulty connections (e.g., unstable internet connections).

In all other respects, liability is limited, to the extent legally permissible, to cases of gross negligence and intent. MM excludes, in particular, any liability for indirect, so-called consequential damages resulting from a defect. Neither party shall be liable for non-performance or delayed performance of its obligations if this is due to force majeure, including strikes. In such a case, the affected party shall immediately notify the other party of the occurrence of the force majeure event.

11. Contract Term and Termination

The individual contract between MM and the Customer takes effect on the date agreed in the contract and, unless an express fixed term has been agreed, is concluded for an indefinite period. The minimum contract term for subscription agreements is 12 months from the provision of the software solution to the Customer (onboarding / setup account). Upon expiry of the contract term, the contract automatically renews for a further 12 months unless terminated in writing by either party in compliance with the notice period stipulated in the respective SaaS Subscription Agreement. Either party remains free to terminate the contract immediately for good cause. Good cause for termination of this contract exists in particular if:

a) The Customer becomes insolvent or the opening of insolvency proceedings is dismissed for lack of assets.
b) Payment obligations under the contractual relationship are in default and, despite a grace period being granted and termination being threatened, remain unresolved (see also Section 12 "Account Blocking").
c) The Customer, in the use of the SCL Services, culpably violates legal provisions and/or infringes property rights and/or rights of use.
d) The SCL Services are used for the purpose of promoting criminal, unlawful, or ethically questionable activities.

12. Account Blocking

MM reserves the right to block the software account in the event of non-payment of outstanding amounts, 20 days after the first reminder level has been reached. The account remains blocked until payment has been made in full.

From the time of blocking, a further period of 20 days applies. Within this period, the Customer's data will be made available to the Customer or offered for export. If the payment default is not remedied within this period, the account as well as all customer and transaction data will be permanently deleted upon expiry of this period. This deletion does not release the Customer from the obligation to pay all outstanding amounts in full.

In the event of a possible reactivation or restoration of the account, a one-time fee of CHF 800.- will be charged in addition to hourly expenses.

13. Final Provisions

13.1 Amendments and supplements to the contract must be made in writing to be valid.

13.2. The contract, or individual rights derived from it, may only be assigned to third parties with the prior written consent of the other party.

13.3. Should any provision of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provision with one that corresponds most closely to its economic intent.

13.4. All provisions of the contract which, by their nature, extend beyond its termination shall remain in force until fulfilled. This includes the provisions on confidentiality, governing law, remuneration, intellectual property, liability, and warranty.

13.5. In the event of disagreements, the parties shall seek an amicable settlement — ultimately at management level — before resorting to legal action. Should such a settlement not be possible from the perspective of one party, the matter may be brought before a court.

13.6. The contract is governed by Swiss law. The place of jurisdiction is Solothurn, Switzerland. The company is represented by Thomas Roth, of Fahrni (BE).

Last updated: Solothurn, August 2026 (replaces earlier versions)