Simpletransfer GmbH Terms and Conditions
By registering as a customer with “Simpletransfer GmbH” (the contractual partner is the limited liability company Simpletransfer), you (“customer”) accept the terms and conditions listed. These thus become part of the contract. In the General Terms and Conditions, the company “Simpletransfer GmbH” is replaced by the abbreviation “Simpletransfer”. Persons who have not yet reached the age of 13 may only use this service under the supervision of a parent.
If you do not agree with the validity of the General Terms and Conditions, registration cannot take place.

If you do not agree with the validity of the General Terms and Conditions, registration cannot take place.

By registering and confirming the GTCs, the GTCs are automatically accepted and a contract is concluded.

1. subject matter of the contract

1.1 After registration, Simpletransfer offers its customers access to an online database with the desired restrictions, which can be used to search for interested clubs/players (hereinafter referred to as the “Simpletransfer Service”). The Simpletransfer Service can only be accessed via the Internet or an app and includes both free and fee-based services. The service is largely free of charge for players. Costs may be incurred for clubs.

1.2 The online database provided by Simpletransfer contains so-called profiles, which are provided with photos and information by the registered customers. Which data is collected in this context and how it is visible to other customers can be found in the data protection information. Simpletransfer offers its service in the regions shown on the website and enables a cross-regional search and contact. Each registered person can decide for themselves how much should be visible. Furthermore, the player is anonymous for his current club if he adds the current club to his profile.

1.3 The subject of the contract is expressly not the change of club or the player contract. We only facilitate the establishment of contact and the provision of a platform for exchange.

2. access/conclusion of contract

2.1 Access to the Simpletransfer Service requires registration. For this purpose, the customer requires an e-mail address and a password of their own choice. A profile is automatically created for the customer as a player after registration. The customer can add to their profile at any time. Completing the profile is not mandatory. For the customer as a club/partner, registration takes place by means of a request to us. We then check the registration and create a profile. The association will be informed of the costs incurred during registration.

2.2 Upon registration, a contractual relationship is initially established between Simpletransfer and the registered customer, which is governed by the provisions of these General Terms and Conditions. Costs may be incurred for players, clubs and partners.

2.3 After registration, the customer can add to their profile as they wish. However, this is not mandatory and is not contractually regulated. Each customer can decide for themselves how they wish to complete their profile.

2.4 The only benefit of the Premium Player subscription is better visibility. The player will also be visible on the Simpletransfer homepage. This subscription does not guarantee a place in the showcase.

2.5 For participation in showcases, we select the best players in our opinion. No player has a guarantee for a place in the Simpletransfer-Talents team. Furthermore, we as a company accept no liability for showcases not taking place. Showcases can be postponed or canceled at any time for various reasons.

3. free and fee-based services

3.1 The entire registration and service is initially free of charge for the customer as a player. If you register as a player, the service remains free of charge. If the customer is a club or partner, costs are incurred. A fee is charged for clubs that take out a subscription. This can be seen in detail before registration.

3.2. Der Simpletransfer-Service ist durchgehend 24 Stunden, sieben Tage die Woche einsatzfähig. Hiervon ausgenommen sind Ausfallzeiten durch Wartung und Software-Updates sowie Zeiten, in denen der Dienst aufgrund von technischen oder sonstigen Problemen, die nicht im Einflussbereich von Simpletransfer liegen (höhere Gewalt, Verschulden Dritter etc.), über das Internet nicht zu erreichen ist. Um den Simpletransfer-Service in vollem Umfang nutzen zu können, muss der Kunde jeweils die neuesten (Browser-) Technologien verwenden oder deren Verwendung auf seinem Computer ermöglichen (z.B. Aktivierung von Java Skript, Cookies, Pop-ups). Bei Benutzung älterer oder nicht allgemein gebräuchlicher Technologien kann es sein, dass der Kunde die Leistungen von uns nur eingeschränkt nutzen kann. Bei Absturz der Homepage oder sonstige Schliessung der Homepage gibt es keine Möglichkeit bereits bezahlte Mitgliederbeiträge zurückzufordern (Mehr Punkt 5).

3.3 Costs in the event of late payment:
Payment is made directly when using our service and the payment method can be selected during registration.
In principle, billing by invoice is not possible. The payment period for invoices is 30 days. The following costs are incurred in the event of late payment: Reminder fees
1. Reminder fee: CHF 10.00
2nd reminder: CHF 20.00
Processing fee for debt collection service provider: CHF 500.00
(at the earliest 80 days after invoicing when handed over to the debt collection service provider)

4. data use, data disclosure and data transfer

4.1 You can find our privacy policy here: https://www.simpletransfer.ch/privacy

5. deregistration/termination (club, partner and player side)/extension

5.1 The cancellation of a club / partner / player must be made by e-mail (always to: info@simpletransfer.ch) or directly via the profile. The subscription period is always one month (one year for players), whereby the subscription is automatically extended by the following month (by the following year for players). The notice period for subscriptions is 1 day before the end of the term. Thus, if the subscription was taken out on April 17, the customer must cancel by May 16. Otherwise the subscription will be extended by one month / year. In exceptional cases, there is also the possibility of annual contracts. If an annual subscription has already been paid, there is no possibility of reclaiming this amount unless notice of termination is given by the last day of the first month after the contract is concluded. Notice of termination must be given at least 2 months before the end of the member year (at least 60 days). Cancellation of an already paid year is therefore always possible at the end of a membership year. The contractual term of a membership year is 365 days.

5.2 For a clear assignment of a termination of a club / partner, the customer’s termination declaration must contain the following two details: (1.) E-mail address stored with Simpletransfer / (2.) Name of the club / partner name

5.3 The contract for paid memberships is automatically extended by the contractually agreed term unless the customer terminates the contract in accordance with section 5.2, observing the notice period.

6. liability of Simpletransfer

6.1 Simpletransfer cannot be held responsible for incorrect information in the customer’s registration. Consequently, Simpletransfer cannot accept any liability for the accuracy of the information on the player profile or the content of the profile created by the customer on the basis thereof.

6.2 Simpletransfer only owes the provision of IT services for the automatic mediation of contacts, not the success. Simpletransfer only provides the technical equipment which – under the conditions set out in section 3 – generally enables contacts to be made.

6.3 Simpletransfer also accepts no liability for any misuse of information. It is possible that customers may use the Simpletransfer service in an unauthorized or unlawful manner despite the prohibition. Simpletransfer accepts no liability for such unauthorized or unlawful use. Simpletransfer is also not liable for the misuse by third parties of details and information that the customers themselves have made available.

6.4 Simpletransfer does not guarantee the proper operation or uninterrupted usability or accessibility of the service at all times. In particular, Simpletransfer is not liable for disruptions to the quality of access to the service due to force majeure or due to events for which Simpletransfer is not responsible. Furthermore, Simpletransfer is not liable for unauthorized third parties gaining knowledge of customers’ personal data (e.g. through unauthorized access to the database by “hackers”).

7 Responsibility and obligations of the customer

7.1 The Customer is obliged to make all payments due to Simpletransfer on time. If the customer is culpably in arrears with more than two consecutive installments (if partial amounts have been agreed), all outstanding payment claims up to the end of the term shall become due immediately.

7.2 The customer is solely responsible for the content of their registration and therefore for the information they provide about themselves. The customer assures that the information provided is true and describes him personally. Deliberate and/or fraudulent misrepresentation may result in civil proceedings.

7.3 The customer further assures that he/she uses the Simpletransfer service exclusively for private purposes, has no business intentions and does not use the data of third parties entrusted to him/her for commercial or advertising purposes (players). It is not permitted to systematically read the content of other users (e.g. using a program or simply copying it) in order to use it outside the Simpletransfer service. In this respect, the use of computer programs to automatically read files, such as crawlers, is also prohibited.

7.4 The Customer undertakes to indemnify and hold Simpletransfer harmless from and against any and all claims, damages, losses or demands that may arise from its registration and/or use of the Service, provided that the Customer has acted culpably. This applies in particular to damages for defamation, libel, violation of personal rights, failure to provide services to other customers, breach of these terms and conditions, infringement of intellectual property or other rights.

7.5 The customer is obliged to treat e-mails and other messages confidentially and not to make them accessible to third parties without the consent of their originator. The same applies to names, telephone and fax numbers, home addresses, e-mail addresses and/or URLs or other personal data etc. of other customers.

7.6 The Customer agrees to inform Simpletransfer immediately if it is no longer interested in bill proposals due to the conclusion of a contract or for other reasons or if it no longer wishes to be available as a proposal to other customers.

7.7 The customer is required to retrieve the messages received for him as well as the data of his profile at regular and appropriate intervals and, if necessary, to archive them on his own computer or other storage media. Simpletransfer is entitled to delete the messages stored in the customer’s account after twelve months of sending or receipt without further inquiry. All data within the scope of a free membership can be deleted after twenty-four months following the customer’s last login. Furthermore, the customer is obliged to maintain and update his profile.

7.8 Furthermore, each Customer undertakes not to misuse the Service, in particular:

Not to disseminate any immoral, obscene, pornographic or right-wing/left-wing extremist content or photos;
not to disseminate any defamatory, offensive or otherwise unlawful material or information via the Service;
not to threaten or harass other persons or violate the rights (including personal rights) of third parties;
not to upload any data that
a) contain a virus (infected software) or
b) contain software or other material that is protected by copyright, unless the customer has the rights to it or the necessary consents;
not to use the service in a way that adversely affects the availability of the offers for other customers;
not to intercept or attempt to intercept e-mails/messages;
not to send e-mails/messages to customers for any purpose other than communication and in particular to refrain from advertising or offering goods or services to other customers (except in cases where this is expressly permitted by Simpletransfer);
not to send chain letters;
not to send messages that serve a commercial purpose;
not to mention names, addresses, telephone or fax numbers, e-mail addresses etc. in the personal description and free contact requests, unless this information is expressly requested. unless this information is expressly requested.

7.9 Failure to comply with one of the behavioral obligations specified in section 7.8 may result in the following sanctions: Request for a statement in the event of suspected breaches of contract / law, blocking of use until facts have been clarified (in particular in the event of several complaints from other customers), warning of a customer, restriction / limitation on the use of applications in the Simpletransfer service, partial deletion of content. Failure to comply with the duties of conduct specified in section 7.8 may also lead to immediate termination of the user agreement as well as have consequences under civil and criminal law for the customer himself. The blocking of access does not affect the obligation to pay for services ordered.

8. communication

Simpletransfer is an online service. As such, Simpletransfer communicates with its customers either via the screen mask when logged in or by e-mail (e.g. sending bill proposals, the customer’s portrait, the contract confirmation and invoices / reminders). Telephone, fax and postal communication is possible if it concerns issues relating to the conclusion of the contract, payment or encrypted e-mail communication. Telephone, fax and postal communication is excluded for the provision of the main services (online brokerage) and the conclusion of the contract itself. For clear authentication and to protect against misuse, it is necessary for the customer to provide the following information in messages to Simpletransfer:
(1.) E-mail address stored with Simpletransfer

9. rights of use and copyrights

In relation to the customer, Simpletransfer is the sole holder of the rights of reproduction, distribution, processing and all copyrights, as well as the right of incorporeal transmission and reproduction of the Simpletransfer website and the individual contents contained therein. The use of all programs and the content, materials, trademarks and trade names contained therein is only permitted for the purposes stated in these terms and conditions.

10 Place of jurisdiction and applicable law

The law of the Swiss Confederation shall apply to the exclusion of Swiss conflict of laws provisions. This choice of law shall not affect mandatory statutory provisions that are more favorable to the consumer at the consumer’s place of residence or habitual abode. The place of jurisdiction shall be the competent court in Switzerland.

11. other

11.1 Simpletransfer is entitled to commission third party service providers and vicarious agents with the provision of parts or the entire range of services, provided that this does not result in any disadvantages for the Customer.

11.2 Should a provision of the contract or the GTC be or become invalid or should the contract be incomplete, this shall not affect the remaining content of the contract.

11.3 Simpletransfer does not automatically save the text of the contract when the contract is concluded. The customer is therefore required to save the contract text on his hard disk or archive it in some other way which is valid at the time the contract is concluded and which is accessible on the Simpletransfer website. Deleted profiles are also archived by us and are no longer stored by us. A deleted profile can also no longer be viewed by us.

11.4 Simpletransfer GmbH is solely responsible for the content of the Service

12 Affiliate Program

By signing up to be an Affiliate in the Simpletransfer GmbH Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Simpletransfer GmbH reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

12.1 Account Terms
You must be 18 years or older to be part of this Program.
You must live in the United States to be an Affiliate.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted.
You are responsible for maintaining the security of your account and password. Simpletransfer GmbH cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account.
One person or legal entity may not maintain more than one account.
You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You may not use the Affiliate Program to earn money on your own Simpletransfer GmbH product accounts.
12.2 Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Simpletransfer GmbH. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Simpletransfer GmbH. You must ensure that each of the links between your site and the Simpletransfer GmbH properly utilizes such special link formats. Links to the Simpletransfer GmbH placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Simpletransfer GmbH product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

12.3 Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://simpletransfer.ch and complete an order for a product during that session.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

12.4 Identifying yourself as a Simpletransfer GmbH Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Simpletransfer GmbH or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

12.5 Payment schedule

As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.

12.6 Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

12.7 Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

12.8 Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

12.9 Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://simpletransfer.ch, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Simpletransfer GmbH reserves the right to end the Program at any time. Upon program termination, Simpletransfer GmbH will pay any outstanding earnings accrued above $20.

12.10 Termination

Simpletransfer GmbH, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Simpletransfer GmbH service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Simpletransfer GmbH reserves the right to refuse service to anyone for any reason at any time.

12.11 Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

12.12 Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

12.13 Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Simpletransfer GmbH will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

12.14 Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

12.15 Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

12.16 Miscellaneous

This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of Simpletransfer GmbH to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Simpletransfer GmbH and govern your use of the Service, superceding any prior agreements between you and Simpletransfer GmbH (including, but not limited to, any prior versions of the Terms of Service).