Terms of sale
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1. Scope
These terms of sale govern the supply of OnlyStamp, a digital loyalty card service for merchants, by [Legal name] (the "Provider") to any business customer (the "Customer"). Subscribing implies unreserved acceptance of these terms.
2. The service
OnlyStamp provides a web-based solution to create and run a digital loyalty program, issue cards that can be added to Apple Wallet and Google Wallet, send push and proximity notifications, and view footfall analytics. The service is delivered as hosted software (SaaS), accessible from a browser, with no installation.
3. Plans and prices
- Monthly plan: CHF 59 per month, no minimum term.
- Annual plan: CHF 599 for twelve months, paid in a single instalment.
- Two-year plan: CHF 999 for twenty-four months, paid in a single instalment.
Prices are in Swiss francs, excluding VAT where applicable. The Provider may change its prices; any change is announced at least thirty days in advance and applies only from the following renewal.
4. Payment
Payments are processed by Stripe Payments Europe, Ltd. The Provider never has access to the Customer's card details. Accepted payment methods are shown at checkout. Invoices are sent by email.
The monthly plan renews automatically each month until cancelled. The annual and two-year plans are paid once and do not renew automatically unless otherwise agreed.
5. Term and termination
The monthly plan may be cancelled at any time; access remains open until the end of the paid period, with no pro rata refund. The annual and two-year plans are firm for the term subscribed and are not refunded pro rata if the Customer terminates early.
The Provider may suspend or terminate access in the event of non-payment, fraudulent use or breach of these terms, after a formal notice left unanswered for ten days.
6. Customer obligations
The Customer undertakes to use the service in accordance with applicable law, not to send unlawful, misleading or unsolicited messages, and to inform its own customers about the processing of their data. The Customer is responsible for keeping its credentials confidential and for use made by its staff.
7. Availability and support
The Provider takes reasonable measures to keep the service available. Interruptions may occur for maintenance or for reasons beyond its control. Support is provided by email and phone, Monday to Friday, 9 a.m. to 6 p.m.
8. Data
Data entered by the Customer and data relating to its end customers remain the Customer's property. The Provider acts as a processor within the meaning of the Swiss FADP and the GDPR. The Customer may export its data at any time and up to thirty days after the contract ends, after which it is deleted.
9. Liability
The Provider's liability is limited to the amount actually paid by the Customer in the twelve months preceding the triggering event. Indirect damage, loss of revenue, loss of customers and loss of data are excluded, save in cases of gross negligence or wilful misconduct.
10. Governing law and jurisdiction
These terms are governed by Swiss law. Any dispute falls within the exclusive jurisdiction of the courts of Geneva, subject to mandatory applicable provisions.
Version of [date], [Legal name], Geneva.