General Terms and Conditions (GTC) for FanPay.ch
1. Scope
These general terms and conditions (GTC) apply to the use of the platform FanPay.ch, operated by International Solutions GmbH, Rennweg 62, 2504 Biel/Bienne, Switzerland (hereinafter referred to as “Operator”). They govern the rights and obligations between the Operator, the Creators (content providers), and the Donors (paying users). By using the platform, both Creators and Donors accept these GTC.
2. Nature of Payments
All payments processed through FanPay.ch are considered voluntary donations. Creators are not required to provide a specific service in return for the donations. However, Creators are obligated to comply with all legal regulations. By making a donation, the Donor waives any claim for a refund.
3. No Refunds
Donations made via FanPay.ch are final and non-refundable, unless there is a proven error in the payment processing (e.g., duplicate charges). In such cases, the Donor must report the error immediately after its discovery. The Operator reserves the right to apply a “fair-use” policy to prevent abuse by Donors.
4. Payment Processing
Payments are made via PayPal or credit card. PayPal acts as the payment service provider and processes both donations via PayPal accounts and credit card payments. The Operator does not process payments directly but forwards donations to the respective Creator after deducting applicable fees. Payouts to Creators occur at a set interval or after reaching a specific payout threshold.
5. Liability
The Operator assumes no liability for the content or quality of the services or content provided by the Creators. Creators are responsible for the legality and accuracy of the content they provide. The Operator is not liable for violations of third-party rights (e.g., copyright, personality rights) by the Creators. The platform also does not guarantee continuous availability of its service.
6. Obligations of the Creators
Creators are independent service providers and are required to only offer content that complies with the laws of Switzerland. They are fully responsible for adhering to legal requirements and for the content they publish. The Operator reserves the right to suspend or delete Creators’ accounts in case of violations of the GTC or legal regulations.
7. Data Protection
Donors’ data is not shared with third parties unless it is necessary for the processing of donations. Creators’ data may be used for verification or shared with third parties if required for the operation of the platform. Data processing is carried out in accordance with Swiss data protection laws and, where applicable, the EU General Data Protection Regulation (GDPR).
8. Dispute Resolution
FanPay.ch is not obligated to mediate disputes between Donors and Creators. Any conflicts must be resolved directly between the involved parties. However, the Operator reserves the right to forward information to the relevant authorities in the event of serious violations.
9. Changes to Fees
Changes to the fee structure will be communicated to users at least 30 days before they take effect via the platform and email. If a user does not agree to the new fees, they may close their account before the changes take effect.
10. User Accounts and Suspension
The Operator reserves the right to suspend or delete user accounts if they violate the GTC or engage in abusive activities. In the event of suspension or deletion, no donations will be refunded.
11. Final Provisions
If any provision of these GTC is found to be invalid, the validity of the remaining provisions shall not be affected. The Operator reserves the right to amend the GTC at any time. Changes will be communicated to users in a timely manner on the website.
Swiss law applies. The place of jurisdiction for disputes related to these GTC is Biel/Bienne, Switzerland.
