Surprising news It is September 2020 and there is surprising news on the desk in the office of Florian Bodenmann, CEO of SUUBER. The originally American, now international taxi revolutionary Uber thinks the SUUBER brand is too similar and therefore demands "its complete revocation". The similarity is too great and SUUBER could inadvertently be confused with Uber [...].
AGB suuber.ch
1. Definitions
The following terms are used in these terms and conditions: Contractual partner: Any natural person who has concluded a mandate agreement or a suuber.ch platform agreement with PersonalApp AG. User: Any natural person who uses the suuber.ch platform of PersonalApp AG. Employer: Any natural person who has concluded a mandate agreement with PersonalApp AG. Employee: Any natural person who has concluded a suuber.ch platform contract with PersonalApp AG. Website/platform: "suuber.ch platform" or "suuber.ch"
2. Scope
These General Terms and Conditions apply to all contractual relationships that PersonalApp AG, based in Zurich, binds to its contractual partners and to any use of the suuber.ch Internet platform.
3. Contractual reservations
The services provided by PersonalApp AG are only those that are expressly provided for in the contracts agreed and signed by PersonalApp AG.
4. Obligation to process via PersonalApp AG
If an employment relationship between employee and employer is established via the suuber.ch platform, the employment must be carried out via PersonalApp AG. It is prohibited to settle the mediated employment outside the suuber.ch platform. In the event of an offence, compensation of CHF 500 will be payable by the employer.
5. Beginning and end of the contractual relationships
The contracts that PersonalApp AG concludes with its contractual partners determine their duration. The termination must be communicated to the other party in writing. The corresponding legal effects only take effect at the time of receipt. The contractual partners are made aware that the end of the contractual relationship entails the end of the insurance cover. Employers must therefore take the necessary steps to insure their employees against accidents and to provide them with all other insurance coverage that is incumbent on the employer, especially in the area of occupational pensions.
6. Access to the Internet offering
PersonalApp AG manages its internet platform freely and reserves the right to reject potential contractual partners without giving reasons. Certain services on the platform only become accessible once the contract is concluded or registration is made. The website is generally accessible daily and 24 hours a day. However, PersonalApp AG assumes no liability for temporary interruptions or the blocking of accounts whose use appears to be inappropriate, illegal or immoral. In the event of a violation of the General Terms and Conditions, PersonalApp AG can block the user’s access to the information and services offered on the website at any time without prior notice. In the event of damage resulting from the customer’s violation of these terms and conditions, PersonalApp AG reserves the right to assert claims for damages, plus a cease and desist from improper use.
7. Relationship between employer and working cleaner
The customer who registers as an employer at suuber.ch is responsible for selecting the desired cleaner. Agreements on the content of the employment contract (salary, time, location, etc.) are made exclusively between the employee and the employer. The employee is provided with an app with a geotracking function from PersonalApp AG, which can be used to carry out and check time accounting. The main purpose of the app with geotracking is to monitor performance (compliance with the working hours agreed with the employer).
8. Contractual obligations towards PersonalApp AG
The contract concluded between PersonalApp AG and its contractual partners determines the respective obligations of the parties. The mandate agreement authorises PersonalApp AG to represent the contractual partner vis-à-vis affected third parties. As part of the conclusion of the contract, the employer may additionally authorise PersonalApp AG by means of a power of attorney to carry out actions provided for in the contract. The employer and the employee undertake to settle the entire employment relationship via the suuber.ch platform. Any settlement outside the suuber.ch platform, for example by submitting settlement documents to the compensation office, is not permitted. The contractual partners undertake to provide only correct data on the PersonalApp AG website, both personally and with regard to the employment relationship (e.g. hours worked). Any changes to the employment relationship or personal details must be communicated to PersonalApp AG within 14 days. In the event of a breach of the above-mentioned obligations, PersonalApp AG reserves the right to charge the guilty party separately for the extra work caused at CHF -120 (excl. VAT) per hour or to claim compensation.
9. Financial Obligations
After conclusion of the contract, PersonalApp AG creates a personal account for the contractual partner into which the contractual partner makes advance payments in order to enable PersonalApp AG to carry out its services. The amount to be paid by the contractual partner can be accessed in the private customer area of the PersonalApp AG website. The employing contractual partner is responsible for making the payments due on time. Reminder costs from third parties in the event of a delay are borne by the employer contractual partner. The employer must report complaints within three working days – otherwise the order is automatically recognized as completed. Payments to the employees are made monthly, after the work has been confirmed. If an employee remains absent from work without excuse, the right to remuneration expires and this will in turn be credited to the client’s account.
10. Compensation/Commission
PersonalApp AG transparently reports the costs for insurance and administration. This is used to finance ongoing operations.
11. Satisfaction Guarantee
If an order is not completed to the client’s satisfaction, the employee is obliged to make improvements accordingly. However, the client must set realistic timelines and set the priorities accordingly.
12. Warranties and Disclaimers
PersonalApp AG provides all contractually agreed services on the basis of the actual hours worked, as communicated by the contractual partner via the suuber.ch platform. PersonalApp AG is not obliged to carry out the billing in accordance with the contract if the employee's activity has not been registered on the customer portal of the PersonalApp AG website or if the customer account has an insufficient credit balance. PersonalApp AG will inform the contractual partner of such a deficiency no later than the scheduled date of salary payment. PersonalApp AG disclaims any liability for social security or other contributions due to incomplete or missing information provided by the contractual partner or insufficient advance payments in favour of PersonalApp AG. PersonalApp AG is not liable for a possible underfunding of the compensation fund due to the subsequent collection of contributions. As the employer, the contractual partner is solely responsible for the proper execution of the employment relationship. PersonalApp AG rejects any liability arising from labour law disputes between the contractual partner and his employee.
13. Computer security and cookies
PersonalApp AG is committed to protecting all personal data and ensuring that the computer systems, programs or other software under its control comply with the current state of security technology. Users must maintain the security of any computer systems, programs or other software under their control. PersonalApp AG particularly uses secured networks that are protected by industry standard firewalls and a password. PersonalApp AG has security measures in place to prevent the loss, misuse and alteration of user data. The PersonalApp AG internet platform uses so-called cookies. PersonalApp AG draws the contractual partners‘ attention to the fact that rejecting cookies may result in certain services and functions of the Internet platform not being able to be fully used.
14. Data Protection
PersonalApp AG undertakes not to pass on any personal data exchanged on the platform to third parties, unless there is a legal obligation to do so. PersonalApp AG guarantees that the processing of personal data is carried out in accordance with the applicable data protection regulations and undertakes to transmit the data provided by the contractual partner regarding his person or his employee (name, address, date of birth, AHV number, marital status, type of residence permit, etc.) exclusively to the social insurance companies or other insurance companies in accordance with the agreed benefits, as well as to the cantonal tax administration. By signing the contract with PersonalApp AG and by using the platform, the contractual partners declare their consent to the processing of their personal data for the aforementioned purposes. PersonalApp AG draws the attention of every user to the fact that he is responsible for the protection of the data he accesses via the website and that he must comply with Swiss data protection regulations, regardless of the country in which he is located. For further information on data collection and processing, please refer to the Privacy Policy, which can also be found on the website suuber.ch.
15. Severability clause
The possible invalidity of one or more of the above-mentioned provisions has no effect on the validity of these general terms and conditions or the contracts signed between PersonalApp AG and its contractual partners.
16. Place of jurisdiction and applicable law
All contractual relationships between PersonalApp AG and its contractual partners are subject to substantive Swiss law, regardless of their place of residence. The exclusive place of jurisdiction is Zurich. Status: 30.10.2019.
In case of doubt, the German version applies.
