Terms and Conditions
1. About these Terms and Conditions
1.1 The Client accesses and use of the Website of Batmaid SA, its mobile Apps and any othertechnical interfaces provided by Batmaid SA (together “batmaid.ch” or the “Website”) aregoverned by the present terms of use (the “Terms and Conditions”, “General Terms andConditions” or GTC). By accessing, browsing and using the Website The Client acknowledgesto have read, understood and accepted, without reserve, these Terms of Use.
1.2 Through the Website or other technical means (for example, our mobile Apps, our callcenter,...) , The Client (“the Customer”, or You) can subscribe to the cleaning services providedby Batmaid SA. These services are detailed in Part II of the present Terms and Conditions.
Part I - The website
2. Copyright and Intellectual Property
2.1 The content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of Batmaid SA or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law (all rights reserved).
2.2 Except as provided in Section 2.3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting the Client a license or a right to use any such content of ourWebsite.
2.3 The Client may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material The Client downloads. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of Batmaid SA.
2.4 Batmaid SA neither warrants nor represents that The Client’s use of any content displayed on its Website will not infringe rights of third parties.
3. Usage of the Website
3.1 Any material, information and all the content that The Client finds on the Website are furnished to The Client “as is”, in function of their availability, and without guarantee of any sort, expressed or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
3.2 Batmaid SA does not guarantee that its Website or its content will correspond to The Client’s expectations, will not be interrupted, timely, secure and free of error.
3.3 The activation of certain links on the website may cause The Client to leave our website. Wedo not review any of these linked websites and do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall we be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to our website.
3.4 The Client undertakes to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to us or to the users of our Website.
3.5 The content of our Website may contain inaccuracies or errors. Batmaid SA reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
4. Website: Limitation of Liability
4.1 The Client accesses, uses, browses and navigates on our Website at their own risk and peril.
4.2 The Client recognizes and accepts that, to the fullest extent permitted by applicable regulations, neither Batmaid SA, any of its affiliated companies, their directors, officers, employees, agents or shareholders, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by Batmaid SA or any of its affiliated companies), capable of arising from their access to, or use of, or on the contrary the impossibility to use, the Website or their content.
4.3 All materials which are downloaded or obtained by any other manner during the use of ourWebsite are at The Client’s own risk and peril. Batmaid SA, or any of its affiliated company,assume no liability for any damage or virus which could affect The Client’s computer equipmentor other property by reason of The Client’s access to, use or downloading of any material fromits Website or for any illegal intrusion or intervention in the IT systems.
4.4 Batmaid SA reserves the right to interrupt or discontinue any or all of the functionality of itsWebsite. Batmaid SA, or any of its affiliated companies, accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Website resulting from actions or omissions of Batmaid SA,, any of its affiliated company, or any third party.
Part II - The Cleaning Services
5. The Cleaning services
5.1 Batmaid SA offers its cleaning services in Switzerland. These services are performed through the cleaning agents that are employed directly by Batmaid SA.
5.2 These services are provided to The Client, in accordance with the present agency contract(art. 394 of the Swiss Code of Obligations).
5.3 Our employees will not be able to lift objects exceeding 5kg. They will be able to move objects up to 10 kg, as long as they are easy to slide on the ground. Any object exceeding this limit cannot be moved by Batmaid SA employees.
5.4 It is forbidden to record images of our employees during their services, if an explicit agreement has not been made beforehand.
6. Damages and exclusion of liability
6.1 To the extent allowed by the art. 101(2) of the Swiss Code of Obligations, Batmaid explicitly excludes all liability for any damages caused by its agents
7. Plans and Pricing
7.1 Batmaid SA provides its cleaning services through a set of different subscriptions and punctual (one-off) services (together referred to as the “Plans”), each one defined by different characteristics, contractual engagements and prices.
7.2 Prices shown on the website are in local currency, unless explicitly stated otherwise. The total price at the time of payment includes VAT, unless explicitly stated otherwise.
7.3 Batmaid SA reserves the right to immediately reflect - on its final service price - any change in VAT, minimum salaries as per collective labor agreement for the cleaning sector or any other external costs that are subject to external regulations.
7.4 Batmaid Offers can be modified at any time and are valid as long as they appear on the site at the time of booking. Modifications will be effective for any new reservations, either by existing or new customers.
7.5 In case Batmaid decides to modify or remove an existing Plan from its offering, Batmaid will inform the affected customers in writing 45 days before the Plan is removed or modified. An email message sent to the email address indicated in the customer’s file is explicitly deemed to constitute a written communication in this sense.
7.6 During the term of the agreement and for a period of 6 months thereafter, the Client agrees not to directly solicit, hire, or engage the services of any cleaning agent who was involved in providing services without the express written consent of Batmaid. In the event of any breach ofthis clause, the Client agrees to pay Batmaid a damages fee equivalent to 3 months of the services used. In case of changes in plans, the highest frequency plan price over the last 12months shall be the reference.
8. Purchase of a Plan and payments
8.1 The payment of The Client’s order is made by credit card or similar methods (e.g. Twint),directly on the Website. At the moment of ordering the services, Batmaid will perform a pre-authorization of the payment method, however the services are paid after the service has been delivered or when the cancellation fees and any other penalty fees as specified in the Plan become due.
8.2 The payment will only be deemed to have been made when Batmaid SA has received in full the sums indicated for each cleaning on the Website. In exceptional cases, The Company may accept to issue invoices for its services, and unless otherwise specified, these payments should be settled within a 30-day period.8.3 In case one or more payments have not been made, including but not limited due to the failures in charging the payment method provided by the customer, Batmaid reserves the right to charge reminders’ fees, suspend the service and cancel any upcoming cleanings without further notice.
8.3 In case one or more payments have not been made, including but not limited due to the failures in charging the payment method provided by the customer, Batmaid reserves the right to charge reminders’ fees, suspend the service and cancel any upcoming cleanings without further notice.
9. Fees for late payment
9.1 The company will dispatch payment reminders via email, postal mail, SMS, phone call, or other suitable means aligned with the chosen payment mode.
9.2 A first reminder can be dispatched no earlier than the day following the expected payment date and grants an additional grace period for payment reception of maximum 10 days, but no less than 5 working days.
9.3 The company retains the right to levy a fee of CHF 15.00 from the second reminder. Thisapplies irrespective of the chosen payment method, encompassing but not limited to credit cardor invoice payments.
9.4 In case of delayed payment, and subsequent to a minimum of two reminders communicated, the case will be forwarded to our external collection agency. This agency will impose a processing fee in accordance with the terms outlined on www.fairpay.ch, which will be due for payment.
10. Cancellations and modifications to The Client’s cleaning schedules and to The Client’s contract
10.1 The cleaning schedule can be modified by Batmaid for organizational reasons at any time.Batmaid is not responsible for any direct or indirect damage that this may create.
10.2 If The Client cancels or modifies a cleaning that has already been scheduled, The Client will be charged a conventional penalty (“Cancellation Fee”) as follows: Free of charge if cancellation is notified 28 days in advance or more (by call, email or inside the options page ‘Your holidays’ inside your Batmaid personal account), CHF20.- fee for cancellations made between 28 days and 8 days before the cleaning date, the full cleaning amount for cancellations made 7 days or less before the cleaning date.
10.3 Subject to any specific provisions outlined in the terms of each respective plan, either party reserves the right to cancel the plan at any time. It is emphasized that the provisions of article 10.2 continue to apply.
10.4 Any fees or penalties due by The Client for the cleanings already scheduled, for instance the Late Change fees, are reserved.
11. Client Notification of Service Issues
11.1 In the event that The Client is dissatisfied with the service or if the service was not performed as agreed, The Client undertakes the obligation to notify Batmaid in writing or by direct phone call within 48 hours of the conclusion of the service.
11.2 The notification must include a detailed description of the issues or concerns related to the service, providing sufficient information for Batmaid to investigate and address the matter effectively.
11.3 Failure to notify Batmaid within the stipulated 48-hour timeframe shall be construed as an acknowledgment by The Client that the service was performed satisfactorily and in accordance with the agreed-upon terms.
11.4 Batmaid reserves the right to deny any claims or requests for adjustments if The Client fails to adhere to the notification requirement outlined in this clause.
12. Access to the cleaning location
12.1 The Client is required to furnish detailed and accurate information necessary to access the cleaning location. It is imperative that The Client communicates any changes in access protocols promptly to ensure uninterrupted service. In the event that a Batmaid agent has been unable to access the cleaning location due to insufficient or inaccurate information provided, Batmaid reserves the right to charge The Client up to and including the full cost of the reserved cleaning.
12.2 In situations where The Client anticipates challenges or delays in providing access, it isThe Client’s responsibility to communicate these issues to us in a timely manner. This allows for adequate planning and adjustment of service schedules. Failure to provide adequate access information or cooperation may result in fees up to and including the full cost of the reserved cleaning.
12.3 If The Client chooses to provide keys to Batmaid service personnel, they do so entirely at their own risk. The Client releases Batmaid from any liability for loss, theft, damage or misuse of keys provided, and for any subsequent impact on locks, metalwork or household infrastructure. It is The Client’s responsibility to report to Batmaid any lost or compromised keys promptly to mitigate potential risks.
13. Discount vouchers and Gift Cards
13.1 Batmaid can distribute at its own discretion Discount vouchers (the “Voucher”) that can be used by The Client to obtain a Plan at special conditions.
13.2 The Vouchers can be used only on the Website and provided that the amount of the order with taxes is equal to or greater than the minimum amount indicated on the Voucher.
13.3 Unless otherwise indicated on the Voucher or on the communication accompanying them, a Voucher can only be redeemed before the expiration date mentioned on it or on the communication accompanying it and before the expiration of the campaign period it is attached to, whichever comes first.
13.4 Batmaid reserves the right to cancel a Voucher at any time, and to suspend any accounts from the possibility of using Vouchers in case of abnormal activity, abuses or any suspicion thereof.
13.5 Batmaid can offer on its Website the possibility to purchase “Gift Cards”.
13.6. Every purchase of a Gift Card is final and is not eligible for a refund once the Gift card voucher code has been transmitted.
13.7 By activating a Gift Card, The Client (or the person The Client provides the Gift Card to) can obtain a credit on their account, equivalent to the amount of the Gift Card.
13.8 Gift cards and their credit expire 12 months after purchase. The expiration date can be extended once for another 12 months upon request.
13.9 The credit obtained through the activation of a Gift Card, or remaining after the partial use of the credit obtained through the activation of the Gift Card, can uniquely be used for the purchase of one or more Plans. Any reimbursement of credit or partial credit is explicitly excluded.
Part III- General Provisions
14. Miscellaneous
14.1 The present Terms of Use embody the entire agreement concluded between Batmaid SA and The Client concerning the access and the use of the Website and their content.
14.2 The fact that Batmaid SA tolerates a violation by The Client of one of the obligations set out in the Terms of Use, or does not enforce a right attributed to it thereunder or under the law shall not be construed as a waiver by it to invoke and enforce its rights.
14.3 In the event that any provision of the Terms of Use is considered to be illegal by law or regulation, existing or future, or by a court ruling, then such provision shall be considered as unwritten, all other provisions of the Terms of Use shall not be affected or impaired, maintaining full force and effect between The Client and Batmaid SA.
14.4 The headings of the provisions of the Terms of Use are for convenience alone and shall not alter or modify the terms and conditions in any manner.
14.5 The sole place of jurisdiction for all disputes arising out of or in connection with the Terms of Use stipulated herein and/or the use of the Website is Lausanne, Switzerland. We nevertheless reserve the right to initiate proceedings against The Client before the competent court at The Client’s domicile or any other competent authority.
14.6 The Terms of Use as well as the use of the Website are exclusively governed by and construed in accordance with Swiss law.
14.7 In the event of any discrepancy between the French version of this document and any translation into another language, the French version shall prevail and prevail. Versions in other languages are provided for information purposes only and do not constitute a reference for interpreting the provisions of this document.
Valid from January 1st, 2024.
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