Terms and conditions

These terms and conditions (the "Terms") govern the relationship between Vergasta Digital, Rue du Temple 5, 2610 Saint-Imier, Switzerland (the "Publisher"), and any business that creates an Avis Boost account or subscribes to it (the "Customer"). By creating an account, the Customer accepts these Terms, the privacy policy and the data processing agreement (DPA).

The service

Avis Boost lets a shop send its customers, after their visit, a text message or e-mail with a link to a page where they give a rating from 1 to 5. From a rating chosen by the Customer (4 stars by default), the shop’s Google review window opens directly. Below it, the page offers to leave a private message that the Customer reads in their area; the person can also post their review on Google.

The service includes the merchant area, sending requests, reminders, message templates, receiving private messages and the related alerts.

Account and access

• The Customer provides accurate information and keeps it up to date.
• They keep their login details confidential and are responsible for actions taken from their account.
• One account can manage several shops (establishments). Each establishment has its own subscription.

Prices

• Three plans are offered, per establishment: Starter, CHF 59.- per month or CHF 590.- per year, with 350 text messages per month; Pro, CHF 119.- per month or CHF 1,190.- per year, with 700 text messages per month; Business, CHF 199.- per month or CHF 1,990.- per year, with 1,200 text messages per month.
• Included text messages are counted per calendar month and do not carry over to the next month. Once the month’s text messages are used up, text message sending is suspended until the next month or until the Client switches to a larger plan. The Client may change plan at any time; the price difference is prorated.
• Prices are in Swiss francs (CHF), including VAT where applicable.
• Each new establishment gets a free trial, without card, whose length is shown on the website. During the trial, the Customer can send review requests. Once it ends, new requests need a subscription.
• The Publisher may change its prices. It informs the Customer by e-mail at least 30 days in advance. The Customer may cancel before the new price takes effect.

Payment

Payment is processed by Stripe, a payment provider. The subscription is charged automatically at the start of each period, monthly or yearly. If it is taken out during the free trial, the first payment happens when the trial ends. Details are on the Payments page. If a payment fails, the Publisher may suspend sending requests until it is settled.

Term and cancellation

• The subscription renews automatically at the end of each period, monthly or yearly depending on the chosen plan.
• The Customer can cancel at any time from the Billing page of their area. Cancellation takes effect at the end of the period already paid, until which the service remains available.
• The current period is not refunded, in full or pro rata.
• The Publisher may suspend or close an account in the event of a serious breach of these Terms, abusive or fraudulent use, or persistent non-payment.

Use of text messages

The text messages sent with the service are for asking the shop’s customers for a review, after a visit or a service. In particular, the following are prohibited: sending to people who are not customers of the shop, marketing, content unrelated to the review request and reselling the service. In the event of unusual use, the Publisher may limit or suspend sending, after informing the Customer where possible.

Delivery of text messages depends on mobile operators. The Publisher does not guarantee that every message is received.

Customer obligations towards their own customers

The Customer is responsible for processing the data of their customers (name, phone number, e-mail) that they enter or import into Avis Boost. In particular, they undertake to:

• contact only people with whom they have a customer relationship and who can reasonably expect a review request;
• inform their customers of this processing, for example in their own privacy policy;
• act promptly on any request from a person who no longer wants to be contacted, by marking them as unsubscribed or deleting their data;
• comply with the Swiss Federal Act against Unfair Competition (UCA), in particular Art. 3 para. 1 let. o on messages sent by telecommunication, and the Federal Act on Data Protection (FADP).

Reviews published on Google

Avis Boost does not publish any reviews. The shop’s customers write their reviews freely on Google, which applies its own rules. The Customer complies with the rules of review platforms, in particular Google’s, and offers nothing in return for a review. The Publisher does not guarantee the number, content or continued publication of reviews.

Availability

The Publisher strives to keep the service highly available. Interruptions may occur for maintenance, updates or force majeure. No specific availability level is guaranteed, unless agreed separately in writing.

Liability

• The Publisher is not liable for indirect damage, loss of revenue or customers, or the consequences of reviews published by third parties.
• The Publisher’s total liability is limited to the amounts paid by the Customer in the last twelve months.
• These limits do not apply in the event of intent or gross negligence.

Customer data

The Customer remains the owner of the data they enter into Avis Boost. They can export it at any time from the Profile page and ask for it to be deleted. The processing of personal data is described in the privacy policy and in the data processing agreement (DPA).

Referral programme

A Customer can invite other merchants with their personal link. The referred account gets a discount on its first subscription, and the referrer gets one month free once the referred account makes its first payment. These benefits have no cash value, and the Publisher may change the programme in the future.

Changes to these Terms

The Publisher may change these Terms. It informs the Customer by e-mail at least 30 days before a significant change takes effect. If the Customer does not accept it, they may cancel their subscription before that date.

Governing law and jurisdiction

These Terms are governed by Swiss law. The place of jurisdiction is the Publisher’s registered office in Saint-Imier (canton of Bern).

A question about your subscription? Write to contact@avisboost.ch.