General Terms & Conditions (GTC)

Information

Marketing Monkeys GmbH (hereinafter referred to as MM) operates www.marketingmonkeys.ch and is the holder of the protected brand "Marketing Monkeys." MM is also the brand owner and operator of www.soulclick.ch, www.soulclick.io, and the protected brand and SaaS platform "Soulclick" (hereinafter referred to as SCL).

1. General

These General Terms and Conditions (GTC) govern the use of MM's software and fundraising solutions, as well as its consulting and digital services. MM provides digital services in the areas of strategy & consulting, web and platform development, and digital fundraising (campaigns, automation, analytics, etc.) to charities, social institutions, and socially engaged companies.

By signing the order confirmation, the client enters into a contractual relationship with MM and expressly agrees to these GTC. Service-based projects (e.g., agency services) are handled and invoiced within the scope of a service agreement.

Place of jurisdiction for any legal disputes is Solothurn (Switzerland). Swiss law applies. MM is represented by Mr. Thomas Roth and Ms. Carolina Glauninger.

For use of the SaaS solution Soulclick, the separate Soulclick Terms and Conditions apply: Soulclick GTC | Our General Terms and Conditions.

2. Compensation

Project services are estimated, offered, and billed at a fixed price. Any extra costs that may occur, are communicated transparently and as early as possible. Offers are valid for 30 days.

Support services (tickets) are logged and billed based on actual hours worked.

All services rendered and the full project history (kickoff, meetings, technical documentation) are recorded in a professional project management tool.

Maintenance and servicing of software solutions are not included and are part of separate SLAs (Service Level Agreements) or SaaS agreements (subscriptions). All information is non-binding. Errors and typographical mistakes excepted.

2.1 Prices

Tailor-made services are estimated and quoted based on effort. The quoted hourly rate ranges from CHF 200.00 to CHF 240.00 depending on task complexity.

Predefined service packages and software services are offered and billed at fixed prices. Prices are published transparently on our websites.

2.2 Expenses

Travel costs are charged at CHF 0.70 per kilometer. Alternatively, public transport is reimbursed at first-class (half-fare) rates. For external stays, e.g., workshops, lunch is charged at CHF 40.– and dinner at CHF 50.– per MM staff member. Travel time is billed at half the hourly rate.

2.3 Payment

Invoices must be paid within 20 days. For projects exceeding CHF 5,000, a deposit invoice will be issued. For ongoing services, the terms of the SLA apply. We reserve the right to withdraw the option of payment by invoice.

In the event of late payment, reminder fees of CHF 50.– per notice apply starting with the first reminder. If payment is delayed by more than 60 days, a default interest of 7% per annum will be charged from the first overdue day.‍

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Bank Details

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

3. Service & Support

MM offers support via ticket system from Monday to Friday, 09:00 to 17:00 (CET/CEST). Phone support is available at +41 32 530 54 43, though no guaranteed response time applies.

For support outside these hours, custom SLAs can be arranged. Response and resolution times begin only upon submission of an online ticket.

4. Protection & Usage Rights

Clients acknowledge MM's intellectual property rights—especially copyrights—related to the SCL software, documentation, services, models, concepts, and other intellectual property. Clients are not permitted to grant usage to third parties, sublease, or use software beyond the agreed contractual scope.

Creating copies for resale, commercial rental, public broadcasting, or redistribution to third parties is strictly prohibited. Usage rights are granted only upon full payment of all outstanding invoices and are limited to the term of the individual agreement.

5. Data Protection & Data Security

MM treats customer data with the utmost care and protects it from misuse or loss. Technical and organizational measures are in place to meet or exceed the standards of the GDPR and Swiss FADP. Data is stored in Switzerland. Upon request, data can be hosted in an EU location.

MM's Privacy Policy explains how personal data is processed and the rights of data subjects. If data is processed on behalf of a client, the data processing agreement forms part of these GTC.

6. Software Account Suspension

Custom-developed software (e.g., websites) and automation accounts are deactivated 14 days after the first reminder is issued. Accounts remain suspended until full payment is made. After that, a 20-day deadline applies before automatic deletion. All customer data is then permanently erased. Reactivating and restoring an account incurs a one-time fee of CHF 1,500.–.

7. Confidentiality

All parties agree to treat each other’s confidential information with strict confidentiality. MM may involve subcontractors and representatives but will extend confidentiality obligations to them. Third-party service providers of the client are not considered external third parties.

8. Warranty

MM commits to providing all services correctly and to highest technical standards.

9. Liability

Given the complexity of software services and online payment solutions - involving multiple parties and technologies - MM is only liable for circumstances within its own area of control. Particularly systems operated and monitored directly by MM.

MM accepts no liability for failures caused by upstream or downstream service providers (e.g., cloud hosting, payment gateways, open-source frameworks). MM is not liable for damages due to faulty connections (e.g., unstable internet).

Liability is otherwise limited to gross negligence and intent as allowed by law. MM excludes liability for indirect or consequential damages. Neither party is liable for non-performance or delays caused by force majeure, including strikes. Affected parties must notify the other party immediately in such cases.

10. Final Provisions

10.1 Form Requirement

Amendments and supplements to the agreement must be in writing to be valid. The agreement or derived rights may only be assigned to third parties with prior written consent.

10.2 Validity

Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall remain effective. The parties shall replace the invalid clause with a valid one that best reflects its intended purpose.

All provisions that logically extend beyond termination of the agreement remain in force, including those concerning confidentiality, applicable law, compensation, IP, liability, and warranty.

10.3 Disputes

In case of disagreements, parties will first seek an amicable resolution, escalating to executive management if needed. If unresolved, legal action may be taken.

10.4 Jurisdiction & Representation

This agreement is governed by Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods. Jurisdiction lies in Solothurn, Switzerland. Marketing Monkeys GmbH is represented by Thomas Roth, of Fahrni (BE).

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