EN

Terms and conditions

This English translation is provided for information only. In case of discrepancy, the French version prevails.

1. Glossary

  • Plugin: the company Plugin.ch Sàrl, Som-La-Proz 23, 1937 Orsières (Valais), Switzerland, UID CHE-366.084.733; also referred to as “we”, “our” and “us” in this document.
  • Showcase website: Plugin’s presentation website, available at plugin.ch.
  • Application: the Plugin.ch sports club management platform (online booking, payments, invoicing, accounting, lessons, access control, etc.), available at app.plugin.ch, on the clubs’ own domains and via the iOS and Android mobile applications.
  • Club: Plugin’s customer, namely any entity (association, municipality, sports centre, company, etc.) that subscribes to the Application and is represented by one or more administrators.
  • Contract: the contract concluded between Plugin and the Club, consisting of these general terms and conditions, the order or accepted offer, and the “Pricing” page in force.
  • User: any person holding an account in a Club’s database (member, guest, player, pupil, etc.).
  • Administrator: any person designated by the Club who has full or partial access to the “Administration” section of the Application (president, manager, secretary, instructor, etc.).
  • FADP: the Federal Act on Data Protection of 25 September 2020 (revised FADP, in force since 1 September 2023) and its ordinance (DPO). GDPR: Regulation (EU) 2016/679, where applicable.
  • CO: the Swiss Code of Obligations.

2. Our application

Plugin provides Clubs, as an online service (software as a service), with a platform enabling them to manage booking schedules, a User database, online payments, invoices, accounting, lessons, access and any other module available on the platform.

Bookings, registrations, membership fees and other services contracted by a Club’s Users fall within a direct contractual relationship between the User and the Club. Plugin is not a party to these relationships.

3. Agreement between Plugin and the club

The Contract is concluded between Plugin and the Club when the Club creates its account, signs or accepts an offer, or begins to use the Application. The Club, through the person representing it, confirms that it has read these general terms and conditions, accepts them and that the said person has the authority to bind it.

The Contract is a contract between businesses (B2B). These terms and conditions take precedence over any general terms and conditions of the Club, unless otherwise agreed in writing.

In the event of a serious or repeated breach of the Contract by the Club (in particular non-payment or unlawful use of the Application), Plugin may, after a formal notice that has remained without effect within a reasonable period, suspend access to the Club’s account or terminate the Contract with immediate effect.

4. Responsibilities of Plugin and of the club

The information published and entered by the Club in the Application is managed exclusively by the Club, which is solely responsible for its accuracy, lawfulness and updating.

The Club is the controller, within the meaning of the FADP (and of the GDPR where applicable), of the personal data of its Users. Plugin processes such data as a processor, solely on behalf of the Club and in accordance with its instructions, for the purpose of providing the Application. Plugin does not intervene in the Club’s database, except to carry out an authenticated request from the Club, for maintenance, technical support or security purposes, or to comply with a legal obligation.

Plugin performs its services with due care, but does not verify or guarantee the accuracy of the information entered by the Club or by its Users.

The Club ensures the confidentiality of its Administrators’ login credentials and is liable for the use made of their accounts.

4.1. Entry of other natural persons’ personal data in the application

Administrators may add other persons (Administrators or Users) to the Club’s database by entering their personal data in the Application.

It is the Club’s responsibility to ensure that it has a lawful ground for processing such data (for example the performance of the articles of association or of a contract, or consent where required by law) and to inform the data subjects in accordance with the FADP. The Club must be able to provide evidence thereof to Plugin and to the competent authorities upon request.

To facilitate this process, Plugin recommends that the Club invite its Users to register themselves using the registration form available on the Club’s home page; Users then enter their data directly and take note of the applicable terms and conditions.

4.2. Use of communication tools

Plugin makes available to the Club tools enabling it to communicate with its Users, in particular the sending of e-mails to all or part of its database.

Communications that are not essential to the relationship between the Club and the User (for example promotional information) are sent only to Users who have not objected to them. Each User may change their e-mail notification preferences in the “My profile” menu.

The Club undertakes to use these functions reasonably, in accordance with the Federal Act against Unfair Competition (UCA) and the FADP, and to respect the Users’ choices.

5. Privacy & confidentiality

Plugin treats the data of the Club and its Users confidentially. They are not sold, rented or disclosed to third parties for commercial purposes. They are disclosed only to the processors required to provide the Application (section 7.3), or to the authorities where required by law.

The processing carried out by Plugin complies with the FADP and, where applicable, the GDPR. Details are set out in our privacy policy.

These provisions, together with section 4, constitute a data processing agreement within the meaning of Art. 9 FADP (and of Art. 28 GDPR where applicable). In particular, Plugin: processes the data only in accordance with the Club’s instructions; imposes a duty of confidentiality on the persons authorised to access it; takes appropriate security measures (section 7); uses other processors only under the conditions of section 7.3; assists the Club, insofar as possible, in responding to requests from data subjects; informs the Club as soon as possible of any data security breach concerning it; and returns or deletes the data at the end of the Contract (section 11).

6. Right to modification, rectification, erasure and portability of the personal data of the club’s users

As the Club is the controller of its Users’ data, Users address their requests for access, rectification, erasure or delivery of data to the Club. Such requests may concern in particular:

  • the modification, rectification or erasure of personal data;
  • the complete deletion of the account and of the data linked to it;
  • the delivery or transmission of the data (portability).

The Club handles these requests within the statutory time limits (in principle 30 days under the FADP). If a request is addressed directly to Plugin, Plugin forwards it to the Club without delay. If the Club fails to act on a well-founded request, Plugin may, after consulting the Club and granting it a period of 7 days to assert a statutory retention obligation or another lawful ground, carry out the request to the extent required by law. The User must then provide proof of identity.

6.1. How to modify or delete a user’s personal data

To modify, rectify or delete a User’s data, an Administrator goes to the “Members > Manage members” menu.

To delete an account, the Administrator moves the User to the recycle bin and then executes the “Delete permanently” action.

Certain data, such as past bookings, are not deleted but anonymised, so that they can no longer be linked to the deleted User; this makes it possible to preserve the Club’s statistics. Accounting records (invoices, payments) that the Club is required by law to retain (Art. 958f CO) may be retained for the statutory period.

7. Data security, backup and retention policies

This section concerns the security of the Application’s data, in particular User accounts, bookings, invoicing data and the configuration of the Club’s account.

Plugin implements technical and organisational measures appropriate to the risk, in particular: TLS encryption of all communications between browsers or mobile applications and our servers; AES-256 encryption of payment gateway API keys and of backup files; access to data restricted to authorised persons; regular backups. As no measure can rule out all risk, Plugin does not guarantee absolute security; its liability is governed by section 12.

7.1. Data backup and restoration

Plugin’s production infrastructure is backed up regularly. In the event of a failure of the main database, Plugin restores the most recent backup; data entered between that backup and the failure may not be recoverable.

Restoration from a backup is reserved for cases where the main database is unrecoverable or for a server migration. It is not an on-demand service; a partial restoration requested by the Club (for example following an erroneous deletion by an Administrator) may be carried out, if technically possible, and invoiced on a time-spent basis at a rate of CHF 150.– per hour.

7.2. Data retention

Backups are retained for 90 days. For the duration of the Contract, the data in a Club’s production database are retained for a maximum of 6 years; older data may be deleted or archived after the Club has been informed. It is the Club’s responsibility to export and retain data that are subject, on its side, to a longer statutory retention obligation (in particular accounting records, 10 years under Art. 958f CO). A Club wishing a different retention period may request it from Plugin.

7.3. Hosting and processors

The Application is hosted on servers of Hetzner Online GmbH, in Germany. The data are therefore stored outside Switzerland, in a Member State of the European Union whose legislation ensures an adequate level of protection according to the Federal Council (Annex 1 DPO).

Users’ online payments are processed, depending on the Club’s choice, by TWINT, Stripe, Worldline (SaferPay) or PayPal. Payment card data are entered directly with these providers and are never stored by Plugin.

The Club authorises Plugin to use these processors, as well as other processors offering equivalent guarantees. Plugin informs the Club of any significant change of processor; the Club may object to it on reasonable grounds and, failing agreement, terminate the Contract with effect from the date of the change.

7.4. Availability and maintenance

Plugin endeavours to ensure high availability of the Application, 24 hours a day, 7 days a week, without however guaranteeing uninterrupted availability. Interruptions may occur due to maintenance operations, updates, incidents at the hosting provider or network operators, or in the event of force majeure. Scheduled maintenance is, insofar as possible, carried out outside peak hours and announced in advance where it entails a significant interruption.

Plugin may develop the Application (new functions, changes to the interface) provided that the essential functions of the subscription taken out remain available.

8. Subscriptions and invoicing

8.1. Trial period

Plugin offers a free, no-obligation trial of any of its packs for 60 days. At the end of the trial, the Club chooses a paid pack; failing this, its account may be deactivated.

8.2. Paid offers

The paid offers are defined on the “Pricing” page. Prices are expressed in Swiss francs, excluding VAT (VAT is added at the statutory rate where due). As at the date of this version, the prices are as follows:

  • PlugIn Light: CHF 150.– per year;
  • PlugIn S: from CHF 1.50 per person per year;
  • PlugIn M: from CHF 1.50 per person per year;
  • PlugIn Pro: on quotation;
  • Options, CHF 50.– per year each: reconciliation of camt.054 payments with direct bank link; automatic camt.053 bookkeeping; automatic invoice tracking and reminders; marketing follow-up form;
  • Accounting module: CHF 150.– per year;
  • Online payment module: commission of 1% on the amounts collected, in addition to the chosen payment provider’s own fees, invoiced to the Club at the end of the year.

In the event of a discrepancy, the offer accepted by the Club prevails over the “Pricing” page.

8.3. Access control & equipment control option

The advanced access control functions (access code, RFID badge) and equipment control functions (lighting, heating) require an installation carried out by our partner dupuis-informatique.ch, to whom the Club addresses its request. The hardware and installation are the subject of a separate contract between the Club and this partner. In Plugin.ch, each of these options is invoiced at CHF 50.– per year.

8.4. Term and renewal

The paid subscription is concluded for the term chosen when ordering (12, 24 or 36 months). Unless terminated in accordance with section 11, it is tacitly renewed for a further period of 12 months.

8.5. Change of offer

The Club may upgrade or downgrade its pack at any time by contacting us. An upgrade takes effect upon payment of the corresponding invoice; a downgrade takes effect at the next renewal date.

If the Club changes its subscription during a period that has already been invoiced and paid, no refund is due.

8.6. Changes to pricing conditions and to the nature of the offers

Plugin may change its prices and the content of its offers. Any change is communicated to the Club in writing (including by e-mail) at least 1 month before it takes effect and applies only from the following renewal period. If the Club does not accept a price increase, it may terminate the Contract with effect from the end of the current period, even if the notice period of section 11 can no longer be observed, by giving notice before the increase takes effect.

8.7. Currency & exchange fees

All prices are in Swiss francs (CHF) and Plugin’s bank account is held in Switzerland. Any bank and exchange fees related to payment are borne by the Club.

9. Payment terms

Plugin’s invoices are payable by bank transfer to the account indicated on the invoice (QR-bill).

Unless otherwise agreed, the subscription is invoiced in advance for the entire period subscribed (12, 24 or 36 months). Invoices are sent by e-mail to the address provided by the Club and are payable within 10 days of their date.

The Club is in default upon expiry of the payment period, without further reminder (Art. 102 para. 2 CO). Default interest of 5% per annum is due from that moment (Art. 104 CO). Depending on the case, reminder fees may also be charged, within the limits permitted by law and, after a reminder that has remained without effect within 10 days, suspend access to the Application until full payment, or even terminate the Contract in accordance with Art. 107 CO. Suspension does not release the Club from its obligation to pay.

10. No right of withdrawal – trial period

As the Contract is concluded between businesses, the Club has no statutory right of withdrawal or revocation. Moreover, Swiss law does not provide for a right of revocation for contracts concluded online.

To enable the Club to evaluate the Application without obligation, Plugin offers the free 60-day trial period described in section 8.1. During this period, the Club may at any time decide not to take out a paid subscription, without charge and without giving reasons. Once the paid subscription has been taken out, it may only be terminated in accordance with section 11 and the amounts paid are not refunded.

11. Account termination and data deletion

Either party may terminate the Contract in writing (including by e-mail) at any time, without notice; termination prevents the tacit renewal of the Contract. Termination is made via the contact page or by post. Termination for good cause with immediate effect remains reserved. Termination does not give rise to any refund: amounts paid or invoiced for the current period remain due and are retained by Plugin.

Before the end of the Contract, the Club may export its data (in particular members, bookings, invoices and accounting entries) using the Application’s export functions, or request from Plugin an export in a commonly used, machine-readable format.

Upon termination, the Club may request that Plugin archive its data for a period of up to 12 months, so that it can retrieve or restore them at a later date.

Before carrying out a termination or a deletion, Plugin may verify the identity and authority of the requesting party in order to ensure that the request does indeed come from the Club.

In the absence of an archiving request, the Club’s data are deleted from the production database no later than 7 days after the end of the Contract, or on a date agreed with the Club. They then remain for a maximum of 90 days in the encrypted backups (AES-256), after which they are permanently erased. This is without prejudice to data that Plugin is required by law to retain for its own purposes (in particular its invoices to the Club, 10 years under Art. 958f CO).

12. Liability

Plugin is liable for damage caused intentionally or through gross negligence. This liability can be neither excluded nor limited (Art. 100 para. 1 CO), nor can liability for injury to life, body or health.

To the fullest extent permitted by law, Plugin’s liability for slight negligence is excluded. Where it cannot be excluded, it is limited to direct damage and to the amount paid by the Club for the Application during the 12 months preceding the event giving rise to the damage. Subject to the same reservations, Plugin is not liable for indirect or consequential damage, such as loss of profit, loss of customers or data losses that could have been avoided by regular exports.

Subject to the same reservations, Plugin is not liable for:

  • the content published by the Club on its pages or the information it enters;
  • the content published by Users, in particular via communication modules such as “Find a partner” and “Messaging”;
  • the relationships between the Club and its Users (bookings, membership fees, lessons, refunds, etc.);
  • the services of payment providers, banks, network operators and the access control partner, which are governed by their own terms and conditions;
  • interruptions due to announced maintenance, to incorrect configuration or use by the Club or its Users, or to force majeure (general network or power failure, natural disaster, decision of an authority, cyberattack despite appropriate security measures, etc.).

The Club is liable to Plugin for damage resulting from unlawful use of the Application by itself, its Administrators or its Users, in particular from processing of data without a lawful ground.

13. Applicable law – Jurisdiction

The Contract and these general terms and conditions are governed by Swiss law, to the exclusion of the conflict-of-laws rules and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

The ordinary courts at the registered office of Plugin.ch Sàrl, in Orsières (Canton of Valais, Switzerland), have exclusive jurisdiction over any dispute relating to the Contract, in particular its conclusion, validity, interpretation, performance and termination, subject to mandatory places of jurisdiction provided for by law and to an appeal to the Federal Supreme Court.

Plugin may amend these general terms and conditions. Amendments are communicated to the Club at least 30 days before they take effect; if the Club does not accept them, it may terminate the Contract with effect from the date on which they take effect. Price changes are governed by section 8.6.

Should any provision of these terms and conditions be void or unenforceable, the validity of the other provisions shall not be affected; it shall be replaced by a valid provision whose economic effect is as close as possible.

14. Imprint

Plugin.ch Sàrl, represented by its managing director François Coppey, is registered in the Commercial Register of the Canton of Valais under UID number CHE-366.084.733.

Registered office: Som-La-Proz 23, 1937 Orsières (Valais), Switzerland.

Contact us

For any question concerning these general terms and conditions, you can reach us:

  • via our contact page;
  • by telephone on +41 79 780 10 63;
  • by post: Plugin.ch Sàrl, Som-La-Proz 23, 1937 Orsières, Switzerland.