General Terms and Conditions

 

General Terms and Conditions

These General Terms and Conditions (GTC) apply to all services offered by Swiss Volunteers. By using the services of Swiss Volunteers, the event organiser accepts the following conditions unchanged and in full.

I.   Subject-matter

1.1

An association as defined in Article 60 et seq. of the Swiss Code of Civil Law exists under the name of “Swiss Volunteers”. The head office is located in Ittigen BE.

1.2

The Swiss Volunteers Association - hereafter referred to as Swiss Volunteers - owns the web-based “Swiss Volunteers” platform. With the acceptance of these General Terms and Conditions and the placement, subject to a fee, of an order for an event by event organisers who have reached the age of majority and emancipation (legal responsibility), Swiss Volunteers gives those event organisers the right to carry out helper administration on the “Swiss Volunteers” platform for the specified contract duration (see sub-para. 3.1) and to benefit from the expertise and support of Swiss Volunteers. If the event organiser requests individual services from Swiss Volunteers, he may be asked to reconfirm agreement to the General Terms and Conditions by clicking on a corresponding confirmation box.

1.3

By accepting these GTC, the event organiser agrees to the following integrating and binding elements of the contract:

1.4

In the event of contradictions between the various elements of the contract, the wording of these GTC takes precedence over that of other provisions.

1.5

Swiss Volunteers reserves the right to amend the GTC. Subsequent amendments or additions to these GTC will become an integral part of the contract provided the customer does not oppose the amended Terms and Conditions of Business within 30 days of perusal.

1.6

For reasons of easier comprehension, only the masculine form is used to denote persons in this document.

II.   Services

2.1

By placing, subject to a fee, an order for an event and paying for that event on the “Swiss Volunteers” platform, the event organiser and the registered event are authorised to manage volunteers on the platform and are included in the communications (newsletter, website, social media etc.) of Swiss Volunteers.

2.2

By means of creating an event, the event organiser receives an administration account for access to the “Swiss Volunteers” platform. The event organisation administrator (EO admin / manager for the organisational data and events) must be of full age and responsible and may set up authorisation for other persons for the registered event, as additional EO admins or as full event administrators (access right only to event data, excluding organisational data). The authorisations created for other persons by the EO admin are his exclusive responsibility with regard to correct use of the “Swiss Volunteers” platform.

2.3

Swiss Volunteers offers the event organiser the SMS option of being able to contact volunteers directly via the “Swiss Volunteers” platform by SMS. This option can be selected when the event is created and when the order is then placed, in exchange for a fee, for the event. There is, initially, a basic fee for this option and then the variable costs for the SMS messages sent are billed once the event has finished.

2.4

Training and support in the use of the “Swiss Volunteers” platform which exceeds a period of four hours (internally by Swiss Volunteers) can be arranged optionally with Swiss Volunteers and is regulated outside these GTC.

2.5

At the request of the event organiser, a chargeable on-call service with a guaranteed response time can be agreed upon. Such an on-call service must be ordered in good time (at least three months in advance) and is regulated outside these GTC.

2.6

Any type of expense in relation to modifications or adaptations to the existing configuration, programming of new features or the use of other software applications will be settled separately.

2.7

The offices can be contacted by event organisers from Monday to Friday, 09.00 h – 12.00 h and from 13.30 h – 17.00 h for enquiries and for messages regarding faults at . No messages will be accepted at the weekend or on statutory public holidays.

III.   Conclusion of contract

3.1

The contract between Swiss Volunteers and the event organiser enters into force when an order is placed, for which a fee is payable, for an event and ends without notice three months after the last helper mission. After the contract period ends, the event organiser may only view the event but can no longer work on it.

3.2

If the “Swiss Volunteers” platform is used contrary to obligations and in breach of the general provisions regarding use and data protection, Swiss Volunteers can terminate the contractual relationship with immediate effect and block all access to the “Swiss Volunteers” platform.

IV.   Rights and obligations of the event organiser

4.1

The event organiser undertakes to pay a fee (see fees) when an order is placed for an on the “Swiss Volunteers” platform. The amount may be reduced by implementing communication measures in favour of Swiss Volunteers. Swiss Volunteers grants this price reduction exclusively to those event organisers who do not have any impact on the industry exclusivity of the main partner of Swiss Volunteers or who do have the main partner’s written agreement.

4.2

Agreed communication measures which lead to a price reduction (see fees) must be proven by the event organiser by means of uploading on the “Swiss Volunteers” platform within two weeks after the conclusion of the event at the latest.

4.3

If the agreed advertising material cannot be collected by the event organiser directly from the offices, the delivery of that material is chargeable to Swiss Volunteers. The return transport must be undertaken by the event organiser at his own cost. The event organiser will be billed by Swiss Volunteers should serious damage to or loss of the advertising material occur.

4.4

The event organiser supplies Swiss Volunteers, or its main partner, with four (4) hospitality tickets in the best category available at 50% of the official sales price, provided this ticket allocation is requested by the main partner.

4.5

The use of the personal data of the volunteer is laid down in the provisions on use and data protection of Swiss Volunteers.

4.6

The event organiser undertakes to register all volunteers for his event via Swiss Volunteers with the correct and valid details (e-mail address, surname, first name, address, etc.) and to handle all administration via the online Swiss Volunteers platform. If the event organiser deliberately enters incorrect data, Swiss Volunteers will bill the event organiser separately for the cost of correction. Group volunteers who are managed through a group manager (e.g. associations, community service, etc.) are excluded from this regulation.

4.7

The event organiser undertakes to save all tasks and assignments of the volunteers on the “Swiss Volunteers” platform and to assign these to the volunteer in question. The event organiser undertakes to check all volunteer assignments and to confirm these two weeks after conclusion of the event at the latest on the “Swiss Volunteers” platform.

4.8

Persons who are employed by or do contract work for the event organiser (persons who work in return for payment or receive direct financial remuneration and are contractually bound to the event organiser), are not entitled to be credited with volunteer hours. However, there is the option of saving the hours worked in the system.

4.9

The event organiser protects the rights transferred by this contract against unauthorised use by third parties at his own expense, insofar as this is reasonable.

4.10

By uploading his event logo onto the "Swiss Volunteers" platform, the event organiser entitles Swiss Volunteers to include the logo and the typographic designation of the event in all communication activities of Swiss Volunteers.

4.11

Swiss Volunteers grants the event organiser the right to use the logos and brands of Swiss Volunteers for the duration of the contract. The use of other logos and brands requires the prior written agreement of Swiss Volunteers.

4.12

The event organiser undertakes to use the logos according to the corporate design guidelines of Swiss Volunteers. Modification or adaptation of the logos and brands by the event organiser is not permitted. Swiss Volunteers undertakes to  supply the new logos to the event organiser in the event of changes to the logos after conclusion of the contract.

4.13

The implementation of all marketing measures when exercising the rights of use granted with this contract is carried out on behalf of and under the exclusive responsibility of the event organiser. The event organiser is nominally responsible for complying with the advertising regulations as well as the regulations under fair trading law, according to the Act against Unfair Competition (UWG).

4.14

All communication measures (see sub-paras. 4.1 and 4.2) which have been selected by the event organiser on the "Swiss Volunteers" platform and which require approval must be submitted to Swiss Volunteers for approval within the period stipulated on the “Swiss Volunteers” platform, before production or publication. The event organiser may not, without the approval of Swiss Volunteers, produce or publish any advertising or PR materials for which rights of use are exercised. This excludes marketing measures which can be selected on the “Swiss Volunteers” platform and which do not require approval. Swiss Volunteers may refuse advertising measures if these are contrary to the interests of voluntary work. Reasons must be given for the refusal. Swiss Volunteers is not liable for costs arising for the event organiser due to the refusal of a specific marketing measure.

4.15

The communication measures are subject to an ongoing process and may be periodically adapted by Swiss Volunteers. The event organiser ensures the high quality of all communication measures. Swiss Volunteers checks the implementation on site in spot checks during the event.

V.   Fees

5.1

The price calculation is made up of the following components:

Basic price for the use of the “Swiss Volunteers” platform
+   Price for the number of planned volunteers
./.  Price reduction for communication measures
+   Options
=   Total price to be paid

All prices are exclusive of value added tax.

5.2    

The total amount is an interim calculation. As soon as the event is completed, there will be a final invoice taking into account the actual number of volunteers managed, the communication measures implemented (see price reduction, sub-para. 4.2) and, if the SMS option was selected, the number of SMS messages sent. 

5.3

The price structures can be viewed on the "Swiss Volunteers" platform when the event is created and an order is placed for it.

5.4

Changes to the defined communication measures may have an impact on the amount owed and  communication measures not provided will be debited by Swiss Volunteers with the final invoice.

5.5

Should the event organiser implement other communication measures not included in this contract in favour of Swiss Volunteers, these will be recorded as support of the Swiss Volunteers association and are not taken into account in the amount due.

VI.   Payment process / “Click-to-accept” button

6.1

After an order is placed, for which a fee is payable, for the, the system displays an overview of the selected components, including price structuring and the total amount to be paid (see rights and obligations of the event organiser).

6.2

“Click-to-accept” means that, before completing the purchase, the event organiser must actively confirm, by clicking the mouse, that he has read and accepted the GTC.

6.3

For the payment, a choice may be made either for an invoice to be issued or to pay by credit card. Payment by credit card is made via a secure connection and using a professional “payment service” and no personal and credit card details are saved. “Swiss Volunteers” is only the “intermediary” from the “Swiss Volunteers” platform to the “payment service”. The card holder interacts directly with the payment service.

6.4

With regard to credit card data, the requirements under the data protection regulations are fulfilled.

6.5

For payment on account, the invoice can be viewed in and downloaded directly from the portal. The invoice must be settled within 30 days, from order placement, for which the fee is payable.

6.6

For events with 1,000+ volunteers, the event organiser is requested by the system to contact Swiss Volunteers directly for the ordering and payment process.  

6.7

After the payment is made, the “Swiss Volunteers” platform is unlocked and access enabled. If the payment is made via invoice, it may take up to ten working days for the remittance to be deposited in the system and, therefore, for the event to be unlocked.

VII.   Guarantee

7.1

Swiss Volunteers supplies services carefully and professionally within the context of its operational resources and the foreseeable requirements, insofar as Swiss Volunteers is not prevented from doing so due to circumstances beyond its control.

7.2

The event organiser is aware that Swiss Volunteers supplies its services via the Internet or by using communication networks. There may be temporary disruption or interruptions to the delivery of services by Swiss Volunteers, in particular due to technical faults, operational malfunctions, as well as problems with or disconnections in communication networks or a failure of IT infrastructure, helpdesk lines or other parts of the infrastructure required for delivering services. Swiss Volunteers therefore gives no guarantee of uninterrupted availability and the fault-free functioning of its services.

VIII.  Exclusion of liability

8.1

Swiss Volunteers cannot accept any liability for any injuries to persons or any material damage arising from use of the "Swiss Volunteers" platform und no liability claims may be made.

IX.   Final clauses

9.1

Rights and obligations according to these GTC are not transferrable.

9.2

Should individual clauses of this contract prove to be invalid in whole or in part, this does not affect the validity of the remaining clauses. The invalid clauses shall be replaced by legally permissible provisions that are as close as possible to the invalid clauses in objective and economic terms. By analogy, this rule also applies to gaps in the contract.

9.3

Either party may terminate this contract with immediate effect if there is an important reason. An important reason exists, among other things, if:

- the other party breaches this contract and, despite written warning and threat of termination, does not fulfil its contractual obligations within a notice period of 14 days;

-  the other party decides upon ordinary liquidation;

-  the other party itself submits an application for the opening of bankruptcy proceedings, a composition moratorium or deferment of bankruptcy or if such applications are filed against it.

Recovery of services already performed by both parties in the event of early termination is excluded.

9.4

In the event of a dispute, the parties shall seek an amicable settlement before the matter is referred to a court. The parties agree on Bern as the exclusive court of jurisdiction for all disputes in connection with these GTC. Swiss law is applicable.

Ittigen, 1st September 2021

Principles and conditions of use

I. Principles of Swiss Volunteers

An association as defined in Article 60 et seq. of the Swiss Code of Civil Law exists under the name of “Swiss Volunteers”.

Swiss Volunteers is a national non-profit organisation which supports voluntary work, promotes public-spirited exchange among volunteers and unites people in a useful activity. Voluntary work is a social contribution towards others in our society and towards the environment. It is carried out free of charge and is limited to a certain period of time. Voluntary work complements and enriches paid work but is not in competition with it.

Swiss Volunteers supports event organisers of occasions when volunteers are brought in, is committed to the sustainable promotion of voluntary work and raises public awareness of its importance.

The organisation does not pursue any commercial aims and does not seek to make any profit. The organisation is politically and denominationally neutral. The web-based platform of Swiss Volunteers facilitates exchange between event organisers and people who wish to get involved on a voluntary basis in sport and culture (known as volunteers).

II. Exclusion of Liability

Participation as a volunteer is the volunteer’s own responsibility and at his/her own risk. Swiss Volunteers cannot accept any liability for any injuries to persons or material damage and no liability claims may be made. By registering for the event, the volunteer agrees to these terms and conditions and releases Swiss Volunteers, in so far as this is legally permissible, from all liability claims. 

III. Content and Services Offered by Swiss Volunteers

§ 1 Scope of Validity

Swiss Volunteers is responsible only for content which is created and published by Swiss Volunteers and is disseminated via Swiss Volunteers and its platform. For that reason, the Terms and Conditions of Use apply to the content of the www.swissvolunteers.ch and go.swissvolunteers.ch websites and to all services belonging to this domain (newsletter, etc.).
Swiss Volunteers accepts no responsibility for the content of users of the platform.

§ 2 Copyright

The content of the online services offered by Swiss Volunteers is protected by copyright. This content must be neither changed nor transferred or republished for commercial purposes without the agreement of Swiss Volunteers. Use of the material which is available online is permitted exclusively for non-commercial, editorial purposes which serve to disseminate the activities of Swiss Volunteers. Consent must be obtained from Swiss Volunteers before any publication.

§ 3 Exclusion of Liability

Swiss Volunteers may link content via links or tools with third-party websites for information purposes. Swiss Volunteers does not accept any liability for content, freedom from errors, legal validity or proper functioning of its Internet pages. Pageviews via links are at the user’s own risk. 

IV. Terms and Conditions of Use

§ 1 Use

The Swiss Volunteers platform is available for the volunteers to use free of charge. Swiss Volunteers endeavours to keep the platform running securely and smoothly. However, use of the platform is at the users’ own risks. The utilisation of visual and sound material from Swiss Volunteers is permitted exclusively for editorial purposes in the interests of and as intended by Swiss Volunteers, the event organiser and the sponsors.

§ 2 Participation

Free registration is required for active participation and use. By registering, every volunteer agrees to the current Terms and Conditions of Use and Data Protection Regulations. Children and young people under the age of 18 may also, under certain preconditions, carry out voluntary work at cultural, artistic and sporting performances, in accordance with the brochure ”Youth Employment Protection – Information for Young People up to the age of 18” published by the SECO (State Secretariat for Economic Affairs). In addition, the times and duration of the volunteering missions must be planned as appropriate to age and abilities.

Registration for an event must always be carried out actively by the volunteer himself. Exceptions to this provision are members of associations, organisations or companies who may be registered by a person specified by the association/organisation or company. It is not permissible for the participating event organisers to order a voluntary assignment to be carried out and this is not in keeping with the principles of Swiss Volunteers.

If a volunteer would like his profile to be deleted, he must submit a written request to the offices (). The deletion can be carried out only by employees of Swiss Volunteers. The deletion will be carried out in due course.

§ 3 Accuracy of the Data

In order to guarantee safety and security at venues and the correct handling of the volunteer administration, the volunteers as well as the event organisers and association/organisation and company administrators must confirm that the data of the people and events entered in the system are correct.

§ 4 Profile of the Volunteer

If a volunteer does not log in for 10 years, his profile on the platform will be deleted and his hours are forfeited automatically. In order to be active with Swiss Volunteers again, the volunteer has to re-register. The hours cannot be transferred to another volunteer.

§ 5 Principle of Appreciation

The exclusive nature of the Swiss Volunteer programme is that a particular degree of  appreciation and recognition is shown for the commitment of the volunteers. This is taken up through various measures by Swiss Volunteers and/or the event organiser.

§ 6 Responsibility of the Volunteers

Instances of withdrawing participation at short notice present the event organisers with considerable logistical challenges. Therefore, the registration of a volunteer for an assignment within the framework of an event is regarded as binding. Should the volunteer be unable to carry out the volunteering assignment, written cancellation of his registration must be sent in writing to the event organiser. Instances of registrations cancelled following confirmation of a volunteering assignment are classified as excused and stored on the "Swiss Volunteers" platform.

Failing to attend without reason and leaving the event during an assignment is regarded as unexcused. This will also be stored on the "Swiss Volunteers" platform.

Swiss Volunteers does not assume any responsibility towards the event organiser for the conduct of volunteers. 

§ 7 Responsibility of the Event Organiser

The event organiser undertakes to treat the volunteers with respect and fairness. Good care and support, providing detailed information to the volunteers in good time and at least 21 days before the planned assignment and correct confirmation of the assignment are expected. The duration of the volunteers’ assignment is limited to a maximum of 12 hours a day. The event organiser is required to plan in breaks appropriate to the assignment.

If the aforementioned principles are not adhered to, the volunteer is asked to notify Swiss Volunteers () of this immediately. 

Ittigen, 1st September 2021

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