Parties to the Agreement
Gingr
G-IT AG (hereinafter referred to as “Service Provider”)
Birkenstrasse 47
6343 Rotkreuz
Customer
(hereinafter referred to as “Customer”)
1 Subject of the Agreement
The Service Provider offers the Customer access to the Gingr platform for the purpose of utilizing escort services. Upon agreement, the Customer may use the platform to connect with registered escorts.
2 Payment Terms
The Customer has selected the “Pay by Invoice” payment option. By choosing this option, the Customer enters into a binding agreement with the Service Provider. The services on the platform will only be unlocked once payment of the agreed amount has been successfully received in the Service Provider’s account.
2.1 Credit Check and Data Sharing
To facilitate the “Pay by Invoice” option, the Service Provider will share the Customer’s data with the third-party service provider CRIF for the purpose of conducting a credit check. The credit check will determine the Customer’s maximum credit limit. By accepting these terms, the Customer consents to this data transfer and the associated credit assessment.
2.2 Data Privacy Compliance
The Service Provider ensures full compliance with the General Data Protection Regulation (GDPR) and the Swiss Federal Act on Data Protection (FADP) when processing Customer data.
3 Reminder Schedule
Should the Customer fail to pay the invoice by the due date, the following reminder schedule will apply:
1st Reminder:
Time: 10 days after the invoice issue date.
Channels: Bell notification, email message.
Fees: No late fee applied.
2nd Reminder:
Time: 15 days after the invoice issue date (5 days after the first reminder).
Channels: Phone call, with two attempts.
3rd Reminder:
Time: 20 days after the invoice issue date (5 days after the phone call reminder).
Channels: Bell notification, email message, SMS message.
Fees: CHF 20 late fee applied.
4th Reminder:
Time: 25 days after the invoice issue date (5 days after the second written reminder).
Channels: InApp notification, SMS, email, and postal letter.
Fees: CHF 50 late fee applied.
If no payment is received within 5 days of the third written reminder:
A debt collection process will be initiated. Any additional costs incurred during the debt collection process will be passed on to the customer.
4 Services and Usage Rights
Upon successful payment, the Customer will gain access to the services specified in this agreement on the Service Provider’s platform. Sharing access credentials with third parties is strictly prohibited.
5 Liability and Warranty
The Service Provider assumes no responsibility for the behavior of registered escorts. The Customer is obligated to adhere to the platform’s general terms and conditions.
6 Contract Duration and Termination
The contract becomes effective upon acceptance of the terms and conditions by the Customer and ends automatically once the agreed service is delivered, provided no further bookings are made. Early termination is excluded unless statutory termination rights apply.
7 Final Provisions
7.1 Governing Law and Jurisdiction:
This agreement is governed by the laws of Switzerland. The exclusive jurisdiction for any disputes arising from this agreement is Rotkreuz, Switzerland.
7.2 Data Privacy:
The Service Provider is committed to full compliance with GDPR and the Swiss FADP in all aspects of data processing.
7.3 Notification on Non-Payment
Failure to pay an invoice will result in account suspension and initiation of a debt collection process. Any additional costs incurred during this process will be charged to the Customer.
Amendments or additions to this contract must be made in writing. Should any provision of this contract be invalid, the remaining provisions shall remain valid.
8 Legal Validity
This contract is legally binding even without a signature as soon as the Customer confirms acceptance of the terms and conditions by using the platform.
Rotkreuz, February 2025