General terms and conditions of business
Terms and Conditions suuber.ch
1. Definitions
The following terms are used in these terms and conditions: Contracting party: Any natural person who has concluded a service 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 service agreement with PersonalApp AG. Employee: Any natural person who has concluded a suuber.ch platform agreement with PersonalApp AG. Website/platform: “SUUBER.CH platform” or “SUUBER.CH”
2. Scope of application
These General Terms and Conditions apply to all contractual relationships that PersonalApp AG, based in Zurich, enters into with 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 expressly stipulated in the contracts agreed upon and signed by PersonalApp AG.
4. Obligation to process transactions via PersonalApp AG
If an employment relationship is established between an employee and an employer via the suuber.ch platform, the hiring process must be handled through PersonalApp AG. It is prohibited to process the brokered employment outside of the suuber.ch platform. In case of violation, the employer will be liable for compensation of CHF 500.
5. Start and end of contractual relationships
The contracts that PersonalApp AG concludes with its contractual partners determine their validity period. Termination must be communicated to the other party in writing. The corresponding legal effects only take place upon receipt of the written notice. The contractual partners are hereby informed that the termination of the contractual relationship entails the termination of insurance coverage. Employers must therefore take the necessary steps to insure their employees against accidents and to provide them with all other insurance coverage incumbent upon them, particularly in the area of occupational pension schemes.
6. Access to the website
PersonalApp AG manages its internet platform independently and reserves the right to reject potential contractual partners without giving reasons. Certain platform services become accessible only upon conclusion of a contract or registration. The website is generally accessible 24 hours a day. However, PersonalApp AG assumes no liability for temporary interruptions or the blocking of accounts whose use appears improper, unlawful, or immoral. In the event of a breach of the General Terms and Conditions, PersonalApp AG may 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 caused by a customer’s breach of these terms and conditions, PersonalApp AG reserves the right to claim damages, in addition to demanding that the user cease the improper use.
7. Relationship between employer and cleaning employee
The client, who registers as an employer on suuber.ch, independently selects their desired cleaner. All agreements regarding the employment contract (salary, hours, location, etc.) are made exclusively between the employee and employer. The employee is provided with an app featuring geotracking functionality from PersonalApp AG, which allows for time tracking and verification. The app’s primary purpose is to monitor performance (ensuring compliance with agreed-upon working hours).
8. Contractual obligations towards PersonalApp AG
The contract concluded between PersonalApp AG and its contractual partners defines the respective obligations of the parties. The mandate agreement authorizes PersonalApp AG to represent the contractual partner vis-à-vis affected third parties. As part of the contract conclusion process, the employer may additionally authorize PersonalApp AG, by means of a power of attorney, to perform contractually stipulated actions. The employer and the employee agree to process all aspects of the employment relationship via the suuber.ch platform. Any processing outside the suuber.ch platform, for example, by submitting payroll documents to the compensation office, is prohibited. The contractual partners agree to provide only accurate data on the PersonalApp AG website, both concerning themselves personally and regarding the employment relationship (e.g., hours worked). Any changes to the employment relationship or personal information must be communicated to PersonalApp AG within 14 days. In the event of a breach of the aforementioned obligations, PersonalApp AG reserves the right to separately charge the culpable party for the additional work caused at CHF 120 (excluding VAT) per hour or to demand compensation.
9. Financial obligations
After the contract is concluded, PersonalApp AG creates a personal account for the client, into which the client makes advance payments to enable PersonalApp AG to perform its services. The amount payable by the client can be viewed in the private customer section of the PersonalApp AG website. The employer is responsible for ensuring that payments are made on time. Any reminder fees incurred by third parties in the event of late payment will be borne by the employer. The employer must report any complaints within three business days; otherwise, the order will automatically be considered completed. Payments to employees are made monthly, after confirmation of work completion. If an employee is absent from work without excuse, the right to payment is forfeited, and the payment will be credited back to the client’s account.
10. Remuneration/Commission
PersonalApp AG transparently discloses the costs for insurance and administration. These costs finance ongoing operations.
11. Satisfaction Guarantee
If a task is not completed to the client’s satisfaction, the employee is obligated to rectify it accordingly. However, the client must provide realistic timeframes and define the priorities.
12. Guarantees and Disclaimers
PersonalApp AG provides all contractually agreed services based on the actual hours worked, as communicated by the client via the suuber.ch platform. PersonalApp AG is not obligated to process payments according to the contract if the employee’s activity is not registered on the PersonalApp AG customer portal or if the customer account has insufficient funds. PersonalApp AG will inform the client of any such deficiency no later than the scheduled payroll date. PersonalApp AG disclaims all liability for social security or other contributions resulting from incomplete or missing information provided by the client or from insufficient advance payments to PersonalApp AG. PersonalApp AG is not liable for any potential shortfall in the compensation fund due to subsequent collection of contributions. The client, as the employer, is solely responsible for the proper execution of the employment relationship. PersonalApp AG disclaims all liability arising from employment disputes between the client and its employee.
13. Computer security and cookies
PersonalApp AG is committed to protecting all personal data and ensuring that its computer systems, programs, and other software comply with current security standards. Users are responsible for the security of all computer systems, programs, and other software under their control. PersonalApp AG utilizes secure networks protected by industry-standard firewalls and passwords. PersonalApp AG has implemented security measures to prevent the loss, misuse, and alteration of user data. The PersonalApp AG internet platform uses cookies. PersonalApp AG informs its contractual partners that rejecting cookies may prevent them from fully utilizing certain services and functions of the internet platform.
14. Data protection
PersonalApp AG undertakes not to disclose any personal data exchanged on the platform to third parties, unless legally obligated to do so. PersonalApp AG guarantees that the processing of personal data is carried out in accordance with applicable data protection regulations and undertakes to transmit the data provided by the contractual partner regarding themselves or their employees (name, address, date of birth, social security number, marital status, type of residence permit, etc.) exclusively to social security institutions or other insurance providers in accordance with the agreed benefits, as well as to the cantonal tax authorities. By signing the contract with PersonalApp AG and by using the platform, the contractual partners agree to the processing of their personal data for the aforementioned purposes. PersonalApp AG informs each user that they are responsible for the protection of the data they access via the website and that they must comply with Swiss data protection regulations, regardless of their location. For further information regarding 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 shall have no effect on the validity of these General Terms and Conditions or the contracts signed between PersonalApp AG and its contractual partners.
16. Jurisdiction and Applicable Law
All contractual relationships between PersonalApp AG and its contractual partners are governed by substantive Swiss law, regardless of their place of residence. The exclusive place of jurisdiction is Zurich. Last updated: October 30, 2019. In case of doubt,
the German version shall prevail.