General Terms and Conditions of ServiceHunter AG
These General Terms and Conditions (GTC) apply to all contracts between ServiceHunter AG, with registered office in Zurich, and the respective contract partner (hereafter referred to as “the contract partner“).
2. CONTRACT OBJECTIVE
ServiceHunter AG provides the following services to the contract partner based on the selected services package:
Social Security Contributions
Calculation and payment of all mandatory contribution to the applicable authorities (hereafter referred to as “the social security contributions“):
- Old Age and Survivors’ Insurance (AHV)
- Invalidity Insurance (IV)
- Compensation for Loss of Earnings (EO)
- Unemployment Insurance (ALV)
- Family Allowance Compensation (FAK)
- Work Education Fund (in some Cantons)
- Administrative Costs of the Central Compensation Office
Insurance (including occupational pension)
ServiceHunter provides the services described on its webpage.
- Conclusion of out and payment of the premiums for the occupational accident insurance (BU) and if required, non-occupational accident insurance (NBU) (hereafter referred to as “accident insurance“) pursuant to the Accident Insurance Act (UVG).
- Upon request, conclusion of and payment of the premiums for the Insurance for daily allowance during illness (KTG), household insurance, employers’ legal protection insurance, and occupational pension (BVG). The insurance and pension offering is not exhaustive and may be adjusted and extended.
- Calculation and payment of the withholding tax to the Cantonal tax authorities.
Payments to Employees
- Upon request, salary and expenses payments to employees.
ServiceHunter may provide other services in accordance with the offering described on its webpage, such as the establishment of employment contracts, monthly payroll accounting, wage statements and other documents.
The present contract does not represent an employment agreement between the client’s employees and ServiceHunter AG. The client is, and shall remain the sole employer of his staff and shall be responsible for accurately processing the employment contracts.
3. CONTRACT IMPLEMENTATION
The contract enters into force, when ServiceHunter AG has received the contract partner’s signed “Agreement with quitt.ch” and has accepted the contract partner, or when the contract partner has transferred funds to his personal account, whatever comes first.
ServiceHunter AG reserves the right to refuse any client without reason.
4. CONTRACT PARTNER’S OBLIGATIONS
THE CONTRACT PARTNER AGREES TO PROCESS ALL OF HIS EMPLOYMENT CONTRACTS THROUGH WWW.QUITT.CH AND TO REFRAIN FROM SUBMITTING HIS OWN WAGE STATEMENTS TO THE COMPENSATION OFFICE OR TO THE TAX AUTHORITIES, PROVIDED THESE SERVICES ARE INCLUDED IN THE SCOPE OF SERVICES SET FORTH IN SECTION 2.
The contract partner shall ensure that his personal account is sufficiently funded by advance payments. He agrees to disclose the information outlined under Section 8 on timely basis, especially all information pertaining to the compensation declaration, more specifically: Number of working hours for hourly wage employment contracts and/or the monthly salary for contracts compensated on monthly bases up to the last day of the month.
The contract partner agrees to only provide accurate information on www.quitt.ch (e.g. including with regard to actual hours worked) and to ensure that his employee has a valid work and residence permit. ServiceHunter AG must be notified regarding any changes that may affect the employment contract or changes in personal information pertaining to the employer or the employee within 14 days.
In the event of non-compliance, ServiceHunter AG reserves the right to charge CHF 120.00 (including VAT) per hour for additional efforts on a separate invoice.
5. CONTRACT DURATION
All quitt.ch subscriptions, including the selected insurances, are valid for the billing period of one calendar year, unless explicitly otherwise agreed upon. The contractual relationship is automatically renewed for one calendar year, provided the contract partner has an active employment relationship beyond the year-end in the quitt.ch account. For subscriptions that do not require the entry of an employment relationship (e.g. quitt Basic), the subscription must be terminated explicitly in order to end. The contractual relationship may be terminated at all times for the end of a calendar year.
Upon contract expiration
Upon contract expiration, the contract partner shall confirm that he has provided his own accident insurance for his staff or that he no longer employs a staff. The existing accident insurance, as well as all other insurances remain valid only if the contractual relationship has been renewed for an additional calendar year and the annual fee for the quitt.ch subscription has been paid.
If the employee is enrolled in a pension plan, the contract partner shall confirm that he has enrolled his employees in a pension plan, or that he no longer employs a staff upon expiration of the contractual agreement. The occupational pension only remains valid provided the contractual relationship has been renewed for an additional calendar year and the annual fee for quitt.ch has been paid.
6. SCOPE OF SERVICES
ServiceHunter AG provides the settlement and compensation of the services selected in Section 2 for the contract partner.
ServiceHunter AG pays the social security contributions and accident insurance premiums as well as other contributions for optional insurances or the occupational pension and the withholding tax, hereafter referred to as “all contributions”, based on the information provided by the contract partner.
ServiceHunter AG does not provide insurance coverage. These services are provided in full and explicitly by the insurance partners.
For providing its services, ServiceHunter AG charges an annual fee (per calendar year) and a commission based on the subscription types, which are listed on the quitt.ch website and selected by the contract partner. The annual fee is due at the beginning of the contractual agreement and/or respectively upon renewing the subscription at the beginning of each calendar year. Depending on the subscription type selected, a commission based on the actually calculated gross income shall be paid. The commission will be debited from the personal account balance of the contract partner with each confirmation of work hours performed. The premiums for accident insurance and additional insurance shall be retained separately by ServiceHunter AG on behalf of the insurance partner in accordance with the offer.
8. CONTRACT MODALITIES
Upon acceptance of the offer, ServiceHunter AG shall open a personal account for the contract partner, to which the contract partner shall remit sufficient funds. The minimum amount due may be reviewed in the quitt.ch account.
All contributions and premiums corresponding to the services selected under Section 2, as well as fees and commissions will be settled from this account. In the event the option that ServiceHunter AG will also pay net salaries and expenses has been selected, ServiceHunter AG shall also pay the net salaries and expenses to the employee from this account.
ServiceHunter AG settles the social security contributions based on the information provided by the contract partner at the end of the year.
The contract partner authorizes ServiceHunter AG with a signed Power of Attorney to represent him with the third parties outlined in Section 2 regarding the settlement and payment of contributions.
If the payment of salaries by ServiceHunter AG has been agreed upon, the salary shall be paid at the time defined by the contract partner in the quitt.ch customer portal, provided that the following terms have been complied with:
A: Regular working hours with automatic accounting procedures
In the event of regular working hours, either automatically calculated or compensated per hourly wage or monthly salary, ServiceHunter AG automatically deducts the applicable costs on www.quitt.ch, based on the information provided at registration. The contract partner must notify ServiceHunter AG at the latest at the time of recording all corrections resulting from overtime or absences through quitt.ch account. In absence of a notification by the contract partner within the recording term, the work assignment is considered validated.
B: Irregular working hours or regular working hours without automatic accounting procedures
Irregular working hours or regular working hours without automatic accounting procedures are not processed automatically. The contract partner must truthfully notify ServiceHunter AG of the actual working hours through www.quitt.ch no later than 5 days after work assignment has been completed so ServiceHunter AG can process the compensation payment.
The contract partner must notify ServiceHunter AG with regard to the actual working hours performed via his quitt.ch account. The contract partner’s quitt.ch accountQuitt.ch account is password protected. The contract partner must keep his password confidential. ServiceHunter AG does not assume liability resulting from the contract partner’s failure to keep the password confidential (such as disclosing the password to third parties, particularly to the employee).
9. EXCLUSION OF LIABILITY
ServiceHunter AG renders all contributions outlined in Section 2 based on the information provided by the contract partner with regard to the work hours performed by the employee.
ServiceHunter AG is not obligated in any way to render wage payments and to process social security contributions if the services have not been requested on the quitt.ch account, or if the contract partner’s account does not hold sufficient funds to cover the wages, social security contributions and commissions due.
ServiceHunter AG explicitly advises the contract partner that as the employer, the contract partern is liable for the breach of the insurance companies’ and tax authorities’ regulations and therefore is subject to penalties.
In addition, the employee may claim wages from the contract partner, in the event ServiceHunter AG does not render wage payments due to insufficient funds in the contract partner’s account or failure to submit the working hours.
ServiceHunter AG does not assume any liability for unpaid social security- or other contributions resulting from incomplete declarations or failure to declare and/or incorrect declarations by the contract partner and/or insufficient advance payment to ServiceHunter AG. Third parties’ reminder charges as a consequence of late payment, incomplete information or information submitted too late shall be billed to the contract partner.
ServiceHunter AG does not assume any liability for the contract partner’s premiums, such as the social security contributions and accident insurance premiums, other contributions for optional insurances or the occupational pension and the withholding tax.
ServiceHunter AG is not liable for subsequent charges resulting from insufficient coverage of the pension fund. In this case the sole liability remains with the contract partner.
At the end of the accounting period of the respective institutions, ServiceHunter AG explicitly only reports the number of hours to the respective third parties that have been sufficiently funded by the contract partner!
Furthermore, ServiceHunter AG advises the contract partner that in his capacity as an employer, he is responsible for verifying whether his employees hold the required work and residence permits. The immigration office responsible for the residential Canton can provide legally binding information. ServiceHunter AG declines any and all liability resulting from fines or penalties imposed due to violations of the Immigration Act.
The contract partner as the employer is solely responsible for correctly processing his employees’ employment contracts. ServiceHunter AG declines any and all liability resulting from labor law disputes between the employer and his employees.
The net wages must be paid to the employee by the contract partner if he did not contract ServiceHunter AG to render the wage payments. ServiceHunter AG is not legally obligated to the contract partner’s employees. The contractual agreement is valid only between ServiceHunter AG and the contract partner. (contract pursuant to article 394 et seq. OR).
10. USE OF THE AUTOMATICALLY GENERATED EMPLOYMENT CONTRACT FORM
ServiceHunter AG automatically creates an employment contract in pdf format for its registered users. This contract is based on the information/data entered by the contract partner. The contract partner may use this contract or create his own contract at his discretion. Individual and/or subsequent amendments or modifications are not included in the scope of services provided by ServiceHunter AG.
The accounting and declaration of the employment relationship of the contract partner is based on the information entered in the quitt.ch account and not on a modified or newly created employment contract.
ServiceHunter AG does not guarantee or assumes responsibility for any and all damages the contract partner may incur as a result from using this employment contract.
11. DATA PROTECTION
All data protection regulations are regulated in a separate data protection policy. The current data protection policy can be seen on www.quitt.ch/en/data-protection-policy
ServiceHunter AG reserves the right to amend these General Terms and Conditions at any time. The amendments are accessible on the www.quitt.ch website.
13. LEGAL VENUE/APPLICABLE LAW
THE CONTRACTUAL AGREEMENT BETWEEN SERVICEHUNTER AG AND THE CONTRACT PARTNER ARE SUBJECT TO THE LAWS OF SWITZERLAND. EXCLUSIVE LEGAL VENUE IS ZURICH.
In the event any of the previous provision is invalid, the validity of the remaining provisions shall remain unaffected.
ServiceHunter AG, Zurich, 01.11.2016