General Terms and Conditions of ServiceHunter AG

1. Scope and Formation of the Contract

These General Terms and Conditions (hereinafter “GTC”) govern the contractual relationship between ServiceHunter AG, based in Zurich (hereinafter also “we”, “us”), and our customers (hereinafter also “you”, “your”) who use our services (currently quitt and quitt Business, hereinafter jointly “Services”).

By selecting a service on our websites quitt.ch and quitt Business (hereinafter jointly the “Website”), entering the required information, setting up authentication for your customer account, and authorizing us to act on your behalf with authorities and insurance providers, you will be asked to review and accept our GTC, Privacy Policy, and any applicable insurance terms, including data protection regulations from our insurance and pension fund partners. By electronically accepting these terms, you confirm that you have read, understood, and fully agree to the GTC.

 

2. Our Services

We manage your employment relationships with your household staff or other employees (hereinafter “employees”) as part of the services you have selected.
Based on the information you provide about the employment relationship and the applicable legal regulations, our services include the following tasks, which we carry out on your behalf. However, these services will only begin once all required details regarding any independently arranged insurance policies have been provided, all necessary documents have been submitted completely and correctly, and an initial advance payment has been made.

Pay Slips and Wage Statements

On your behalf, we prepare monthly pay slips and annual wage statements for your employees.

Insurance Enrollment and Payment of Contributions and Premiums

We ensure that your employees are covered by the mandatory insurance policies—and, if requested, by additional voluntary coverage. Furthermore, we calculate and process the payment of the corresponding contributions and insurance premiums to the relevant authorities for the following types of insurance:

  • Old Age Insurance
  • Invalidity Insurance
  • Occupational Accident Insurance (OAI)
  • Non-Occupational Accident Insurance (NOAI)
  • Daily sickness benefits insurance
  • Loss of Earnings Compensation Scheme (EO)
  • Unemployment Insurance (ALV)
  • Family Compensation Fund
  • Education Fund (in certain cantons)
  • Administrative costs of the Compensation Fund
  • Other applicable insurances

Additionally, we handle the registration and deregistration processes for:

  • Family Allowances
  • Maternity insurance
  • Loss of Earnings Compensation Scheme (EO)

Pension Fund Enrollment and Contributions

All salaries exceeding the applicable monthly and annual LPP threshold for the respective year must be insured with a pension fund. As a quitt customer, we handle this process for you automatically. As a quitt Business customer, you also have the option to manage this independently, as specified below.

Specific Conditions for Different Service Plans:

quitt:
The selection of insurance providers and the pension fund is exclusively handled by us. As a quitt customer, you cannot choose or influence the insurance policies or pension fund terms.

quitt Business:
As a quitt Business customer, you have the flexibility to either arrange the insurance and pension fund yourself or have us manage them based on our selected providers.

Taxes 

If withholding (source) taxes apply (primarily for foreign employees or under the simplified billing procedure), these will be remitted to the relevant cantonal tax office. However, as the employer, you remain the sole debtor of the withholding (source) taxes to the tax authorities.

Employee Payments

In addition to payroll administration and the above-mentioned services, you may authorize us to process salary payments and reimbursements of expenses to your employees.

Services outside of our services

As an additional service beyond our standard services, we provide you with technical tools that allow you to create template employment contracts within your customer account. As a quitt Business customer, you also have access to additional documents, such as expense regulations and team contracts, all generated based on the data you enter (hereinafter jointly “employment law documents”).

These tools are available to you free of charge; however, we disclaim any liability to the extent permitted by law (see also Section 6). In particular, we do not guarantee that the generated documents are complete, free of contradictions, or fully compliant with applicable laws.

You are free to use the generated employment law documents or draft your own. We do not make individual or subsequent modifications to employment contracts, including expense regulations. Payroll processing and reporting as part of our services (as specified above) are based exclusively on the information you enter in your customer account and never on an independently modified or self-created employment contract.

Documents

Subject to the applicable conditions and exclusions, we either create the following documents for you or provide you with the technical tools to generate them yourself:

  • Employment contract
  • Monthly salary statements
  • Annual wage statement
  • Cost overview
  • Payroll journal
  • Certificate of interim earnings
  • Employer’s certificate
  • Confirmation of insurance
  • Termination letter
  • Job reference
  • Key receipt
  • Cleaning checklist

Additional Documents and Services for quitt Business Customers:

  • Adaptable team contract
  • Adaptable expense regulations
  • Document storage for each employee

 

3. Your Obligations

You agree to comply with all applicable laws as well as these General Terms and Conditions (GTC) and, in particular, to:

  • Pay our service fee and commission on time and ensure that your linked customer account always has sufficient advance payments to cover up to 60 days’ worth of applicable contributions, premiums, taxes, salaries, and expense reimbursements owed to relevant authorities and your employees;
  • to issue us with a power of attorney where necessary to represent you before third parties regarding the calculation and payment of applicable contributions, taxes, insurance premiums, and other related obligations;
  • Process all employment relationships within Switzerland exclusively through our services and refrain from making independent declarations or settlements with the compensation office or tax authorities;
  • Determine whether your employees are subject to withholding tax and, if so, provide us with all necessary information and documents within 14 days of the employment start date;
  • Ensure that foreign employees have a valid work and residence permit at all times;
  • Provide correct information at all times within the deadlines we define to ensure proper contract execution as outlined in Section 7 and submit all required documents in a timely manner. This includes;
    • Promptly informing us – no later than within 14 days – of any changes related to you personally (such as your personal details, address, etc.) or your employment relationships;
    • Supplying all necessary data for payroll processing, including the gross salary for employees on a monthly salary and the actual number of hours worked for employees paid on an hourly basis;
    • Accurately and completely recording and settling wages for the previous year in your customer account by January 20 of the following year (or ensuring sufficient advance payments);
    • Providing, upon request, any necessary identification documents for your employees (e.g., residence permit, ID, or passport).

You acknowledge that a violation of these obligations regularly results in additional efforts on our part and hereby confirm that we are entitled to charge you CHF 120 per hour for such additional work.

Furthermore, you are liable for any additional damages and costs that may arise in this context and agree to fully indemnify us.

Additionally, you recognize that a breach of these obligations constitutes good cause for the immediate and extraordinary termination of the contractual relationship.

 

4. Contract Duration and Termination

Our contractual relationship is established based on your selected service for either a calendar year or a monthly billing period. The contract is automatically renewed for an additional calendar year or month if you have an ongoing employment relationship registered in your customer account beyond the year-end or month-end.

Both parties may terminate the contract and the selected insurance policies at any time, effective at the end of the current calendar year or current month, depending on the applicable contract duration.

You can terminate the contract, for example, by canceling it yourself in your customer account or by contacting us via email or phone.

The right of both parties to terminate the contract immediately for good cause remains reserved.

Upon termination of the contract, all salaries due up until the end of the contract period will be declared to the relevant social security authorities, tax offices, and insurance providers. Once the contract has ended and all salaries have been reported to the respective authorities, any powers of attorney you granted to third parties will be revoked. Any remaining advance payments (Akonto-Guthaben) exceeding CHF 25 will be refunded to you after the completion of the settlement process. However, amounts below CHF 25 are non-refundable. To process the refund, you will be asked to provide your current bank account details. If you fail to do so within six months, despite a reminder, any remaining balance will be donated to charitable organizations.

 

5. Contract Processing Terms

5.1 Customer Account

When entering into this contractual relationship, we will create a personal customer account for you within our customer portal. You must ensure that your account maintains sufficient advance payments (see Section 3) to cover the agreed services, fees, and commissions. The required advance payment amount can be viewed at any time in your personal customer account.

Your customer account is used to process all contributions, premiums, and taxes payable to third parties in accordance with Section 2, as well as our service fees and commissions.

If it has been agreed that we will handle salary and expense payments to your employees, these transactions will also be processed through your customer account.

5.2 Service Fees, Commission, and Other Costs

The cost of our services consists of either an annual or monthly service fee per employee and a percentage-based commission on the reported gross salary. The gross salary, which serves as the basis for calculating the percentage-based commission, includes all salary components such as monthly salary, hourly wage, vacation compensation, allowances, overtime, paid-out remaining vacation, bonuses, 13th-month salary, in-kind benefits, family allowances, daily accident benefits, daily sickness benefits, maternity insurance, and loss of earnings compensation scheme.

The service fees differ depending on whether you choose quitt or quitt Business. The exact fees and commission rates for each service plan are available on our website. The service fee is due at the beginning of the contract period or upon renewal at the start of a calendar year or month. It is non-refundable, even in the case of early termination, and no partial refunds are granted for individual months. The commission is deducted from your advance payments as soon as you submit the reported working hours of your employees.

Additionally, employer contributions to social security and insurance premiums, where applicable, will be charged separately.

We reserve the right to retroactively assert claims against you at any time in cases where tax authorities or social security institutions issue additional demands, payroll corrections are required, employees have been mistakenly overpaid, or incorrect credits have been applied to your customer account.

If you have agreed to a net salary contract with an employee and there is a subsequent adjustment to the withholding tax, you will be charged for any additional withholding tax liabilities or credited for any refunds. The agreed net salary with the employee cannot be changed retroactively.

Minor discrepancies resulting from final settlements with compensation funds will be adjusted in our favor or yours, up to a limit of CHF 25. However, this does not apply to the redistribution of CO₂ levies or differences in compensation fund administrative fees, which will always be credited to you.

Collection fees charged by tax authorities for withholding tax settlements will be adjusted in our favor or yours if we are responsible for ensuring the correct payment of withholding taxes. You are not entitled to a refund of these collection fees.

5.3 Salary Payments

If you have opted for us to process salary payments to your employees, payments will be made on the date you selected in your customer account, following these guidelines:

A: Regular Work Assignments with Automatic Payroll Processing
For regular hourly wage work with automatic payroll processing selected by you, as well as for all monthly salary contracts, payroll costs will be automatically calculated in your customer account based on the details you provided when setting up the employment relationship.
If corrections are needed (e.g., for additional or unworked hours), you must enter these adjustments in your customer account no later than one day before the next scheduled salary payment. Otherwise, the stored hourly or monthly wage will be automatically considered as confirmed by you.

B: Irregular Work Assignments or Regular Work Without Automatic Processing
For irregular work assignments or regular work where you have not selected automatic payroll processing, salaries will not be calculated automatically. In these cases, you must manually record the actual hours worked by your employees in the customer account within five days of the completed work. Only then can we process the salary payments accordingly.

5.4 Security of the Costumer Account

Your customer account is protected by technical security measures. Authentication can be performed using a password or through third-party providers (such as Microsoft, Google, or Apple). You are responsible for keeping your password confidential. We assume no liability for any damages resulting from failure to maintain password confidentiality, incorrect authentication by third parties, or unauthorized access to your account.

5.5 Inactive Customers

If you have created ongoing employment contracts for your employees but have not recorded any work performed and have also not canceled the service in your customer account, you will be considered an inactive customer.

We regularly contact inactive customers via email, requesting them to either record outstanding work hours, terminate active employment contracts, or cancel the service if it is no longer needed. If you fail to respond within the given timeframe, this will be considered a termination on your part, and we will automatically close inactive customer accounts in the second half of the calendar year. Upon termination, the same finalization processes outlined in Section 4 will be initiated.

5.6 Commissions from Insurance Partners

We receive commissions from our insurance partners for referring you as a customer for OAI (occupational accident insurance), daily sickness benefits insurance, LPP (pension fund insurance), and other offered insurance policies. You are not entitled to receive these referral commissions and agree that they are exclusively retained by us.

 

6. Warranty and Liability Exclusions & Indemnification Clause

We are only liable for damages caused intentionally or through gross negligence. Liability for minor negligence, consequential damages, and lost profits is excluded to the extent permitted by law.

You are fully responsible for any content you submit to us via the website or by other means. You agree to indemnify us (including covering legal and extrajudicial costs) against any third-party claims arising from the content you have provided (e.g., submission of incomplete and/or incorrect information).

We process all contributions, taxes, and premiums listed in Section 2 without additional verification, based solely on the information you provide regarding your current employment relationships.

At the end of each billing period, we only declare those employment records to social security authorities, tax offices, and insurance providers that are financially covered. We explicitly reserve the right to delete unpaid employment records from your customer account by January 10 of the following year and to exclude them from declarations to social security authorities, tax offices, and insurance providers. We are under no obligation to process salary payments to your employees or payments to social security authorities, tax offices, pension funds, or other
insurers if:

You have not recorded the work performed in your customer account, or Your customer account lacks sufficient advance payments to cover these costs. We assume no liability for missing or insufficient social security contributions, taxes, or insurance premiums due to reasons within your responsibility. Any reminder fees charged by third parties due to late advance payments, incorrect or incomplete information, or delayed submission of required details will be charged to you.

We expressly remind you that, as an employer, you are fully responsible for complying with applicable laws, particularly labor laws (including expense regulations), foreign and asylum laws, as well as social security, tax, and insurance regulations. Any violations of these laws may result in legal consequences for you. We assume no liability for the accuracy of our employment-related documents, including sample employment contracts, nor for any fines or penalties resulting from your non-compliance with legal obligations.

Furthermore, your employees may assert salary claims against you if we are unable to process salary payments due to insufficient advance payments in your customer account or missing recorded work hours. Under no circumstances do we become the employer of your employees, nor do we assume any liability toward them. This applies particularly—but not exclusively—to missed or insufficient salary payments, including expense reimbursements. You are and remain the employer of your staff with all associated rights and obligations and are fully responsible for ensuring the correct management of employment relationships.

We are neither an insurance broker nor an insurance provider. The scope of insurance coverage and the corresponding insurance benefits are entirely and exclusively determined by social security institutions and any additional insurance partners. These services are subject to their respective contractual terms, and we do not provide any warranties regarding coverage or benefits.

If third parties—including but not limited to employees, social security institutions, insurance providers, pension funds, or domestic and foreign tax authorities—assert claims against us due to actions or omissions you are responsible for, whether intentional or negligent, you agree to fully indemnify us. This includes all direct and indirect damages, as well as any associated costs, such as legal fees and court expenses, in addition to fulfilling your contractual obligations.

 

7. Confidentiality and Data Protection

We treat all information about you and your employees confidentially, provided it is not publicly available or publicly known, and unless disclosure to third parties is necessary for fulfilling our contractual obligations. If we are required to disclose data due to legal or regulatory obligations, such disclosure does not constitute a breach of confidentiality.

All data protection regulations are outlined in our Privacy Policy, which can be accessed at quitt.ch/en/datenschutzerklaerung/ or quitt.business/en/privacy-policy-of-servicehunter-ag/.

 

8. Final Provisions

8.1 Amendments

We reserve the right to amend these General Terms and Conditions (GTC) at any time. The applicable version is always the latest version available at quitt.ch/en/gtc/ or quitt.business/en/general-terms-and-conditions/.

8.2 Entire Agreement

Unless otherwise agreed in writing through individual arrangements, these GTC constitute the entire agreement between the parties regarding access to and use of our services.

8.3 No Waiver of Rights

If we tolerate a breach of your obligations or fail to enforce a right granted to us by law or under these GTC, this shall not be interpreted as a waiver of our right to enforce such obligations or rights in the future.

8.4 Jurisdiction and Applicable Law

This contractual relationship is governed by Swiss law, and the exclusive place of jurisdiction is Zurich, Switzerland.

8.5 Severability Clause

If any provision of these GTC is deemed invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.

8.6 Governing Version

In case of discrepancies between the German version of this document and its translation into another language, the German version shall prevail. Translations serve informational purposes only and do not constitute a legally binding interpretation of these terms.

ServiceHunter AG, Zürich, 07.02.2025

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