General Terms and Conditions of ServiceHunter AG
1. SCOPE OF APPLICATION
These General Terms and Conditions (AGB) apply to all quitt.Service contracts between ServiceHunter AG, based in Zurich, and its respective contractual partner (hereinafter referred to as «the contractual partner»).
2. SUBJECT MATTER OF THE CONTRACT
ServiceHunter AG administers the employment relationships of its contractual partners and grants the contractual partner the right to use the website, limited to the duration of the contract and the handling of the subject matter of the contract. Based on the information on the employment relationships of the contractual partner and the statutory provisions, this includes the following services:
Contributions to cantonal equalisation funds
The obligatory contributions to the cantonal compensation funds are calculated for the following obligatory social insurance schemes:
- Old-age and survivors’ insurance (AHV)
- Disability insurance (IV)
- Income Compensation Regulations (EO)
- Unemployment Insurance (ALV)
- Family Compensation Fund (FAK)
- Education funds (in some cantons)
- Administrative costs of the compensation fund
The cantonal equalisation offices register and deregister with regard to:
- family allowances
- maternity compensation
- income compensation regulation
The relevant bonuses and daily allowances shall be integrated into the pay slips of the affected employees of the contractual partner.
Contributions to accident and daily sickness benefit insurance (UVG and KTG)
- All employment relationships of the contractual partner are obligatorily insured by ServiceHunter AG with the occupational accident insurance (BU) and the
non-occupational accident insurance (NBU) in accordance with the Accident Insurance Act (UVG). Non-occupational accident insurance only covers contractually agreed employment with at least 8 hours of working time per week. ServiceHunter AG shall charge the contractual partner the contributions of the BU and the
associated employee the contributions of the NBU. It is explicitly excluded that the contractual partner concludes a different accident insurance for his employment than the accident insurance offered by ServiceHunter AG.
- The contractual partner may also take out daily sickness benefit insurance (KTG) with ServiceHunter AG. In this case, 50% of the corresponding contributions will be charged to the contractual partner and 50% to his employees. A KTG insurance policy taken out by the contractual partner outside ServiceHunter AG cannot be integrated into the payroll accounting.
Contributions to pension fund pursuant to BVG
All salaries above the monthly and annual BVG entry thresholds applicable in the respective year must be insured with the pension fund for occupational benefits
determined by ServiceHunter AG. 50% of the contributions to the pension fund are charged to the contractual partner and 50% to his employees. It is explicitly excluded that the contractual partner selects a different pension fund for his employment than the pension fund determined by ServiceHunter AG.
Contributions for other insurance policies
ServiceHunter AG offers the contracting party the conclusion of further insurance policies, the premiums of which are charged to the contracting party on the basis of the applicable insurance conditions.
The contracting party is obliged to determine at the beginning of an employment whether its employees are subject to withholding tax. All information required for registration with the withholding tax must be provided to ServiceHunter AG by the contractual partner within 14 days of the commencement of employment. ServiceHunter AG reserves the right, in the event of incomplete or delayed provision of this information, to charge the contractual partner for any additional expenses incurred as a result at an hourly rate of CHF 120. The withholding taxes due are charged to the contractual partner and paid to the cantonal tax authorities.
For employment relationships in the simplified accounting procedure, a flat-rate withholding tax is charged for domestic employees in addition to the social insurance contributions and paid to the cantonal compensation funds.
Payments to employees
In addition to payroll accounting, the contractual partner may also authorize ServiceHunter AG to pay wages and expenses to its employees.
Further Services of ServiceHunter AG
For all quitt.Service contracts, ServiceHunter AG offers the following additional services in the quitt.account:
- Preparation of employment contracts
- Preparation of monthly pay slips
- Preparation of annual wage statements
- Templates for other documents, such as key receipts, templates for termination letters, certificates, and so on.
The employment contracts concluded by the contractual partner do not constitute an employment relationship between the employees of the contractual partner and ServiceHunter AG. The contractual partner is and remains the sole employer of his employees and is responsible for the correct handling of employment relationships.
3. CONCLUSION OF THERECEIPT SERVICE CONTRACT
Employers register at quitt. for the quitt.Service by selecting the desired tariff, entering the necessary data on the contractual partner and setting the password for the quitt.account. The contract is concluded when (a) the contractual partner clicks on «Register now» so that ServiceHunter AG grants power of attorney to represent the contractual partner vis-à-vis authorities and insurance companies, electronically accepts ServiceHunter AG’s general terms and conditions and data protection declaration and the insurance conditions including the insurance partner’s data protection declarations, and (b) ServiceHunter AG confirms the conclusion of the contract.
ServiceHunter AG reserves the right to issue a receipt. service contract without giving reasons.
Only private persons can become contractual partners. Legal entities cannot conclude a receipt service contract with ServiceHunter AG.
If a legal entity concludes an equit. service contract without ServiceHunter AG being able to recognize that it is a legal entity, ServiceHunter AG may terminate such an equit. service contract at any time without notice and charge any expenses incurred by such legal entity.
The customer must provide ServiceHunter AG with the information and documents (driving licence, ID or passport) necessary for identification and must notify ServiceHunter AG immediately of any changes during the term of the contract.
4. OBLIGATIONS OF THE CONTRACTUAL PARTNER
THE CONTRACTUAL PARTNER UNDERTAKES TO SETTLE ALL ITS PRIVATE EMPLOYMENT RELATIONSHIPS VIA AND NOT TO MAKE ITS OWN SETTLEMENTS WITH THE EQUALISATION FUND OR THE TAX OFFICE.
The contractual partner must ensure that sufficient payments on account are made at all times on his connected quitt.account are available to cover the expected contributions and wages of up to 60 days. He undertakes vis-à-vis ServiceHunter AG always to provide the information specified under Item 8 on time, in particular all information for the preparation of wage statements, i.e. the number of working hours in the case of hourly wages and the gross wage in the case of monthly wages up
to the last day of the month.
The contractual partner undertakes to always provide correct information on quitt.ch and to ensure that foreign employees have a valid work and residence permit.
ServiceHunter AG must be notified of changes in the employment relationships or changes in the personal details of the contractual partner or its employees within
14 days. In this sense, the contractual partner is obliged to terminate unlimited employment relationships that have been terminated within 14 days in the quitt.account.
If the contractual partner breaches the obligations in this clause, the contractual partner shall indemnify ServiceHunter AG against all damages, costs and additional expenses incurred (hourly rate of CHF 120) and ServiceHunter AG shall be entitled to terminate the contract without notice.
5. TERM OF CONTRACT
The even. Unless expressly agreed otherwise, the service contract, including the desired insurance policies, is concluded for the accounting period of one calendar year. The contractual relationship is automatically extended by a further calendar year if the contractual partner has a current employment relationship in the quitt.account beyond the end of the year. The contractual partner and ServiceHunter AG may use the receipt. Service contract and the selected insurance policies at any time at the
end of the current calendar year in the quitt.account. The right to extraordinary termination for good cause remains reserved.
If the contractual partner terminates the quitt.Service contract in his quitt.account, all wages of his employees up to the end of the contract period will be declared to the social insurance, tax offices and insurance companies. After the end of the contract term and after all wages have been declared to the responsible authorities and partners, ServiceHunter AG shall withdraw all powers of attorney granted by the contractual partner to third parties. It is the responsibility of the contracting party not to make any excess payments on account before the end of the contract period. Any payments on account that are mistakenly overpaid will only be refunded after the process has been completed.
6. SCOPE OF BENEFITSINSURANCES
ServiceHunter AG shall assume the billing and payment of the obligatory and optional services specified in Section 2 for the contractual partner.
ServiceHunter AG itself does not provide any insurance services. These are provided in full and exclusively by the social insurances and the insurance partners and are subject to the respective contractual conditions.
The insurance cover provided by the accident insurance and other individually selected insurances begins with the start date of the first recorded employment contract of the contractual partner.
If the start date of the first recorded employment contract is before the date of registration for the receipt service contract, the insurance cover begins at the earliest with the date of registration for the receipt service contract. Retroactive insurance cover for the period prior to registration is excluded.
The accident insurance cover shall continue to exist as long as permanent employment relationships exist in the quitt.account of the contractual partner and corresponding insurance premiums are charged – irrespective of whether wages are settled in one month or not.
The insurance cover is determined by the applicable provisions of the insurance partners. For example, in the event that employees of the contractual partner are not fully employable at the start of an employment relationship or KTG insurance coverage has already been rejected in the past, acceptance into accident or daily sickness benefit insurance can be rejected or revoked retroactively.
Insurance premiums for sick pay insurance and household insurance are only charged in the months in which the employee’s work is billed. Therefore, claims can only be reported for periods during which work benefits are settled. Legal defence insurance is valid without interruption for the current calendar year.
The contractual partner can choose from various tariffs for the use of the receipt service. The tariffs are composed of a service fee per calendar year and a percentage commission of the gross wage invoiced. The amount of the service fee and the percentage commission per tariff can be found on the website of quitt. The service fee must be paid at the beginning of the contractual relationship or at the beginning of a calendar year when the quitt.Service is extended. The service fee willnot be refunded in the event of termination of the quitt.Service by the contractual partner during the year,not even pro rata for a certain number of months. Depending on the tariff selected, a commission is to be paid on the actual gross wage of the employees of the contracting party. This commission shall be debited from the Contractual Partner’s payments on account as soon as the Contractual Partner confirms the hours worked by its employees. The employer’s contributions to social insurance
and the premiums for other insurance policies shall be charged to the contractual partner by ServiceHunter AG in addition to the service fee and any commissions.
8. MODALITIES OF CONTRACT PROCESSING
ServiceHunter AG creates a personal customer account, the quitt.account, on the website «quitt.ch» for the contractual partner after concluding the quitt.Service contract. The contractual partner undertakes to make sufficient payments on account to the quitt.account to enable ServiceHunter AG to settle all contractually agreed services. The amount to be paid on account can be viewed by the contractual partner at any time in the personal quitt.account.
On the quitt.account, all contributions and premiums to third parties that correspond to the services under Item 2 as well as the service fees and commissions of ServiceHunter AG shall be invoiced.
If it has also been agreed that the payment of wages and expenses to the contractual partner’s employees shall be made by ServiceHunter AG, these payments shall also be made on quitt.account of the contractual partner.
Power of attorney:
ServiceHunter AG settles the social security contributions, taxes and premiums incurred with the competent authorities per the end of each year according to the information provided by the contractual partner. The contractual partner authorises ServiceHunter AG with an electronically accepted or handwritten power of attorney
to represent him vis-à-vis the third parties named in Section 2 of these General Terms and Conditions with regard to billing and payment of the contributions, taxes and premiums incurred.
If the ServiceHunter AG has agreed to pay the wages to the employees of the contractual partner, the wage payment shall be made on the date selected by the contractual partner in the quitt.account in accordance with the following provisions:
A: Regular work assignments with automatic booking
In the case of regular work assignments on an hourly wage basis with automatic booking of wage payments selected by the contractual partner, and generally in the case of monthly wage contracts, ServiceHunter AG automatically charges the wage costs incurred in each case to the quitt.account on the basis of the information provided by the contractual partner when recording an employment relationship. If corrections for additional or non-performed working hours are to be made in these pay slips, the contractual partner must enter such corrections in the quitt.account no later than one day before the date of the next wage payment. Otherwise, the deposited hourly or monthly wage shall automatically be deemed to have been confirmed by the contractual partner.
B: Irregular work assignments or regular work assignments without automatic posting
Irregular work assignments or regular work assignments without automatic posting of wage payments selected by the contractual partner are not automatically settled. In such cases, the contractual partner must truthfully record the actual hours worked by its employees in the my. receipt account within 5 days of the completion of work so that ServiceHunter AG can make the wage payments.
Duty to inform:
The contractual partner must inform ServiceHunter AG without exception of all actual hours worked by its employees via its receipt account. The quitt.account of the contractual partner is password protected. The contracting party is responsible for maintaining the confidentiality of its password. ServiceHunter AG accepts no liability for any damage caused by the contractual partner’s failure to keep the password secret.
If a contractual partner has drawn up current employment contracts with his employees, but has not recorded any work performed for these employees and has not terminated the quitt.Service in the quitt.account, he shall be regarded as an inactive customer.
ServiceHunter AG will contact inactive customers regularly by e-mail and request them to record outstanding work or to terminate current employment contracts and otherwise to terminate the receipt service.
If an inactive quitt.Service contract is automatically extended due to a failure to notify the contractual partner, ServiceHunter AG reserves the right to charge a processing fee of CHF 80 per calendar year. After two extensions of one calendar year at the latest, the ServiceHunter AG will terminate the receipt service contract for an inactive customer account and any payments on account of the contractual partner that still exist will be donated to charitable organisations.
9. DISCLAIMER OF LIABILITY
ServiceHunter AG is only liable for damage caused intentionally or through gross negligence. The liability for slight negligence as well as for consequential damages and lost profit is excluded in any case as far as legally permissible.
The contractual partner is fully responsible for the content he transmits to ServiceHunter AG via the website or in any other way. He shall indemnify ServiceHunter AG (including the assumption of court and out-of-court costs) for all claims by third parties against ServiceHunter AG in connection with the content transmitted by the customer to ServiceHunter AG (e.g. incomplete and/or incorrect information).
ServiceHunter AG shall pay all contributions, taxes and premiums referred to in Section 2 without additional examination on the basis of the information provided by the contractual partner regarding his current employment relationships.
ServiceHunter AG is in no way obliged to make wage payments to the contractual partner’s employees or payments to social insurance, tax offices or insurance companies if work performed by the contractual partner is not recorded in the quitt.account or if the contractual partner has not made sufficient payments on account to his quitt.account to cover these payments.
ServiceHunter AG expressly draws the contractual partner’s attention to the fact that as an employer he is liable and can be prosecuted for disregarding social security, tax office and insurance regulations.
In addition, the employees of the contractual partner may assert wage claims against the latter if ServiceHunter AG is unable to make wage payments to the employees of the contractual partner due to insufficient payments on account on the quitt.account of the contractual partner or if the contractual partner fails to record working hours.
ServiceHunter AG accepts no liability whatsoever for unpaid social security contributions, taxes or premiums which are based on an incomplete declaration, a non-declaration or a false declaration on the part of the contractual partner and/or an insufficient payment on account to the quitt.account of the contractual partner. Reminder fees of third parties due to late payment of payments on account to the quitt.account, incorrect, incomplete or late information submitted, will be charged to the contractual partner.
Under no circumstances shall ServiceHunter AG accept liability for social security contributions, insurance premiums, taxes or wage payments owed by the contractual partner.
Likewise, ServiceHunter AG shall not be liable to the contractual partner and its employees in the event of any underfunding of the pension fund. Only the pension fund is liable to the contractual partner and its employees in such a case.
At the end of a payroll period, ServiceHunter AG declares to the social insurance funds, tax offices and insurance companies only those services which are covered financially by the contractual partner. ServiceHunter AG expressly reserves the right to delete financially unfunded work performed in the previous year from the contracting partner‘s quitt.account after 10 January of the following year at the latest and not to invoice social insurance, tax offices and insurance companies for such financially unfunded work.
ServiceHunter AG accepts no liability whatsoever in connection with fines or penalties for infringements of the Aliens or Asylum Act by the contracting party or its employees, or for labour disputes between the contracting party and its employees.
10. USE OF THE AUTOMATICALLY GENERATED WORK CONTRACT
Contract partners who have concluded a quitt.Service contract can automatically create employment contracts for their employees in their quitt.account.
These employment contracts are based on the data entered by the contractual partner. The contractual partner is free to use the employment contracts made available
or to draw up employment contracts himself. Individual and subsequent changes or adjustments to employment contracts are not included in the scope of services provided by ServiceHunter AG.
The invoicing and declaration of the employment relationships of the contractual partner is based on the information entered in the quitt.account and not on any employment contract modified or drawn up by the contractual partner.
ServiceHunter AG accepts neither warranty nor liability for any damage suffered by the contractual partner as a result of the use of the employment contracts provided by ServiceHunter AG.
11. SECRECY ANDDATA PROTECTION
ServiceHunter AG shall treat as confidential all information of the contractual partner and the employees which is not publicly accessible or publicly known and insofar as it does not have to be made available to third parties for the fulfilment of the contract. If ServiceHunter AG is obliged to disclose data or information due to statutory or regulatory regulations, the corresponding disclosure shall not be deemed a breach of the corresponding confidentiality obligations.
All data protection regulations are regulated in a separate data protection declaration. The current data protection declaration can be found at quitt.ch/en/datenschutzerklaerung/
ServiceHunter AG reserves the right to change these General Terms and Conditions at any time. These changes will be made available on the quitt.ch/en/ website.
14. PLACE OF JURISDICTION/APPLICABLE LAW
The Contractual relations between ServiceHunter AG and the contractual partner are subject to Swiss law. The sole place of jurisdiction is Zurich.
15. SEVERABILITY CLAUSE
If one of the above provisions is invalid, this shall not affect the validity of the remaining provisions.
ServiceHunter AG, Zurich, 01.10.2019