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General Conditions


1. Definitions

In the hereby General Conditions, the following terms will be used:

Contractor: any person having entered into a private placement contract and trust mandate or a private placement mandate with VANGUARD INTERNET SA via the Batmaid platform.

User: all physical people which uses the Batmaid platform owned by Vanguard Internet SA

Employer: any person having entered into a private placement contract and management mandate with VANGUARD INTERNET SA.

Employee: any person who has given VANGUARD INTERNET SA a placement mandate via the Batmaid platform and who accepts an employment relationship with potential private employers using the Batmaid platform.

Internet site/Internet platform: the Batmaid platform

 2. Applicable areas

The hereby General Conditions are applicable to all contractual parties linking VANGUARD INTERNET SA, headquartered in Lausanne, to its contractual counterparts, and particularly to any use of the internet platform of VANGUARD INTERNET SA.

The contractors are informed and accept that the use of the platform must comply with the hereby General Conditions, in addition to all duties related to contracts signed with VANGUARD INTERNET SA.

The contractors admit that the concept of the platform is the exclusive ownership of VANGUARD INTERNET SA and that the content shall not be used, reproduced or traded in whatever aspects without the written consent of VANGUARD INTERNET SA.

 3. Contractual limitations

The services supplied by VANGUARD INTERNET SA are only those explicitly mentioned in the contracts agreed and signed by VANGUARD INTERNET SA.

 4. Start and termination of contractual private placement relationships and trust mandate

The contract signed by VANGUARD INTERNET SA with its contractors explicitly mentions from when they come into force and how they terminate. The termination of the contract must be written and will come into force when it is received.

The contractors must be aware that the contractual relationship termination also terminates the termination of the insurance coverage. More specifically, a termination would imply that it is the employer’s duty to insure, declare and pay all related social contributions and retirement benefits, if applicable.

 5. Start and termination of the employment contract between the employer (the client) and their employee

The tacit employment contract with your cleaning staff can be terminated - in writing or email, which is preferable to orally -  within the statutory time limits based on the duration of your employment relationship with them:

  • 0-3 months: 7 days
  • 4-12 months: 1 month delay (starting from the 1st of the month following the month of the announcement of the end of the employment relationship)
  • 1-9 years: 2 months delay (starting from the 1st of the month following the month of the announcement of the end of the employment relationship)

Vanguard Internet SA must be informed of any form of termination (written, email, orally)

The legal time limits may, however, be disregarded in the following cases:

  • Setting another termination date (immediate or otherwise) on the basis of a mutual agreement with your employee, or
  • Termination with immediate effect, if you have been robbed or if your employee has received 3 warnings from you.

During the notice period, the employer has the choice between:

  • Continuing to have the cleanings as usual
  • Stopping the cleanings while continuing to pay the employee

In order to avoid any subsequent disputes, we recommend that you terminate the employment relationship in writing. If necessary, we can provide you with templates.

For more information, please write to us by e-mail at client@batmaid.com.

 6. Access to placement and trust services and promotional offers

VANGUARD INTERNET SA freely manages its internet platform and is entitled to prevent potential contractors from using its platform without justification. The platform developed by VANGUARD INTERNET SA can be accessed by any internet provider user chooses, without liability on VANGUARD INTERNET SA’s side. The fiduciary and placement services are accessible after a signature, with the firm, of a contract for which states that VANGUARD INTERNET SA must create an account for its contractor/employer.

The online access is available 24h/24h every day but VANGUARD INTERNET SA shall not be held liable for temporary breakdown or failed attempts to connect to the user account which would appear to be used not in compliance with law or common usage.

In particular, the existing sponsorship offer for customers is only valid for their friends or close contacts - any measure to take advantage of the promotion by using third-party sites and other digital or non-digital advertising makes the promotional offer void, unless otherwise agreed in writing with VANGUARD.

In the event of non-compliance with these terms and conditions of use, VANGUARD INTERNET SA may take immediate action, including the exclusion at any time and without prior notice of the user's access to the information and services offered on the site.

In case of damages incurred by the violation of the hereby General Conditions, VANGUARD INTERNET SA is entitled to ask for damages and interests, in addition to the end of a usage not in compliance.

7. Duties related to the Trust Mandate execution

The trust mandate contract signed between VANGUARD INTERNET SA and its contractors explicitly mentions each party’s duties.

In order to achieve them, the employing contracting party undertakes to account for all their employment relationships via the website of VANGUARD INTERNET SA (i.e. to have the right number of cleaning hours on their account) and not to provide their own statements to the compensation fund or the tax authorities.

Contractors are aware that employers decide themselves if salaries are paid by them directly – for which VANGUARD INTERNET SA must be notified in writing – or through an account that is created on purpose and managed by VANGUARD INTERNET SA. In the case, where VANGUARD INTERNET SA is mandated to pay for salaries, payment will occur on the 4th of every month for all services executed in the last month.

The employee will be able to know the employer’s choice directly from the platform.

The contractor/employer must make sure that their personal account is sufficiently funded. 

They undertake to provide VANGUARD INTERNET SA in a timely manner with the relevant data enabling it to provide the services resulting from its trust mandate, in particular all indications relating to the salary declaration, i.e. the number of working hours for hourly-paid engagements or the full monthly salary (until the last day of the month) for monthly-paid engagements. 

The contractors commit themselves to provide only correct data on the VANGUARD INTERNET SA website with regard to both their personal details and actual working hours. 

All modifications on the work relationship or personal data about the employee or the contractor must be communicated to VANGUARD INTERNET SA by 14 days.

In case of failure to comply with the above duties, VANGUARD INTERNET SA would be entitled to invoice the faulting party separately for the incurred work up to CHF120.- per hour (VAT included).

8. Procedures for contract implementation

After the conclusion of the contract, VANGUARD INTERNET SA establishes a personal account for the contracting party, which the latter will credit with advance payments to enable VANGUARD INTERNET SA to fulfill the obligations resulting from the mandate contract. The amount to be paid by the co-contractor can be consulted on the personal customer area of VANGUARD INTERNET SA website.

In the event that the employing contractor is in arrears with the payment of due salaries or has not funded their personal account to allow VANGUARD INTERNET SA to fulfil its contractual obligations, the employer's access to the platform may be blocked.

All contributions supposed to be paid to third parties and corresponding to the services supplied by – and the commissions for - VANGUARD INTERNET SA will be charged from the client’s employer's personal account using the payment method they have chosen while booking. At the end of the settlement period VANGUARD INTERNET SA only declares to the relevant Authorities the hours that have been paid by the contractor.

The Trust Mandate allows VANGUARD INTERNET SA to stand for the contractor to any relevant third party. Nonetheless, the contractor accepts to sign beforehand, if needed, an extra mandate allowing VANGUARD INTERNET SA to carry out private placement and fiduciary services mentioned in the Trust Mandate.

9. Commission

A commission is paid to VANGUARD INTERNET SA for each executed transaction and calculated, for each hour of cleaning performed by the employee, as follows: 

Price invoiced online - employee's net salary - social security contributions set aside for the payment of employer and employee social security charges - LAA insurance - bank transaction costs - VAT

The value of the commission varies between a minimum of CHF 0.00 per hour and a maximum of CHF 10.00 per hour. The exact value of the commission, which is degressive depending on the frequency of services chosen, is clearly indicated when the contractual partner uses the online platform and may depend in particular on the canton in question or on promotional offers, which are themselves subject to certain conditions. The details of the calculation of the commission shall be stated in detail on the invoices received by the Customer.

By accepting the general terms and conditions, the employing contracting party acknowledges that it owes the amount of the commission that is requested from it for each use of the platform according to the hours reserved with the employee and the use of the platform.

10. Guarantees and liability limitations

VANGUARD INTERNET SA will fulfil its duty to pay all related social contributions as defined contractually on the basis of the actual worked hours transmitted by contractor.

VANGUARD INTERNET SA shall not pay salaries and social security contributions when the employee’s work has not been registered in the online platform developed by VANGUARD INTERNET SA or when client’s account is not sufficiently funded in cash in order to cover salaries, all due social contributions and the commissions. In this case, VANGUARD INTERNET SA commits to notify the employee, latest at the theoretical salary payment date. 

The unpaid employee would in this special case be entitled to claim directly the contractor/employer for all due salaries when VANGUARD INTERNET SA could not fulfil the Trust Mandate’s duties notably when the account was not sufficiently funded or when the number of worked hours has not been properly entered in the platform.

VANGUARD INTERNET SA shall not be held liable in case of compensation office overdue, in case of debt recovery. As an employer, the contractor acknowledges, they are the sole liable party regarding the appropriate execution of work relationship. VANGUARD INTERNET SA shall not be held liable of all labour law litigation between the contractor and their employee.

The contractor, as an employer, is the sole liable party of the breach of social contributions and tax laws. The employer acknowledges, they can be sued for this very reason.

VANGUARD INTERNET SA shall not be held liable for all unpaid social contributions or other unpaid contributions in case of incomplete or inaccurate count of worked hours, due to the absence of declaration from contractor and/or the insufficient pre-payment to VANGUARD INTERNET SA. In case of delay in the contract execution related to a delayed payment from the contractor/employer, all reminder fees from third parties shall be paid by the contractor/employer.

VANGUARD INTERNET SA can reimburse, at the customer's request, certain objects damaged by the employee by applying the depreciation tables in force in the insurance companies and in agreement with the customer. The customer will have to pay the amount to VANGUARD before reimbursement.

11. Cookies and internet safety

VANGUARD INTERNET SA commits itself to protect personal data and to make sure its computer systems and other software on which it can have control over, are up-to-date in terms of safety.

Users are responsible for ensuring the security of computer systems, programs and other software within their sphere of influence.

VANGUARD INTERNET SA uses passwords and networks protected by firewalls, in conformity with the norms of its field. VANGUARD INTERNET SA has safety procedures against the loss of user data, their misuse or alteration. In case of violation of this last statement, VANGUARD INTERNET SA can immediately block the user involved from the platform access and is entitled to claim for interest and damages.

The platform developed by VANGUARD INTERNET SA uses “cookies”. VANGUARD INTERNET SA hereby informs contractors that a refusal of cookies usage can have bad consequences like a malfunctioning of the platform features and services.

12. Data protection

 

VANGUARD INTERNET SA commits itself not to transfer the personal and sensitive data contained on the platform to third parties, unless otherwise stated by law.

VANGUARD INTERNET SA ensures that the management of personal and sensitive data complies with the Swiss law on data protection and undertakes to share personal data entered on the secure platform concerning the service provider or its employee (name, address, date of birth, AHV number, civil status, work permit, etc.) only with the relevant social compensation offices and cantonal tax authorities to the extent necessary.

In particular, VANGUARD INTERNET SA needs the data - and the personal and sensitive data of the employee - in order to be able to deliver its trust service (employee declaration and insurance, as well as payment of social security contributions). By signing this contract with VANGUARD INTERNET SA, the contractors agree with the above-mentioned purposes and the management of their personal data. VANGUARD INTERNET SA must keep the employer's data (name, address, email, telephone number, date of birth, gender, employer number and cleaning data) in order to comply with the controls of the Swiss clearing offices and to properly perform its fiduciary service. Users are therefore unable to change or delete the data they provided when booking because of the employer relationship. In case of retroactive verification by one or more clearing offices, VANGUARD INTERNET SA must keep the above-mentioned user data for 10 years.

However, the contractor may unsubscribe from the company's newsletter by unsubscribing at the bottom of any e-mail sent. VANGUARD INTERNET SA also emphasizes that each user of the platform can be held responsible for the protection of the data they access via the platform and that Swiss data protection law applies regardless of the country in which they located. If you have any questions regarding privacy or GDPR compliance, please email client@batmaid.com.

The storage and use of payment data will be handled through our payment service provider Datatrans. VANGUARD INTERNET SA complies by a yearly audit called PCI compliance to make sure payment data are kept private.

13. Modifications

VANGUARD INTERNET SA reserves the right to modify these terms and conditions at any time. The modifications will be accessible via the website of VANGUARD INTERNET SA on these same General Terms and Conditions and via email information to the contractors.

14. Safeguard clause

The possible void of one of the statements above shall not have an impact on the overall validity of the hereby General Conditions or on the signed contracts between VANGUARD INTERNET SA and its contractors.

15. Applicable law and place of jurisdiction

All contractual relationships between VANGUARD INTERNET SA and its contractors are subject to the Swiss substantive law, regardless of the contractors’ home country. The exclusive place of jurisdiction is Lausanne.