General Terms and Conditions of ServiceHunter AG
1. SCOPE OF APPLICATION
These General Terms and Conditions (AGB) apply to all service contracts between ServiceHunter AG, based in Zurich, and its respective contractual partner (hereinafter referred to as «contractual partner»). They apply to the services «quitt» and «quitt Business» (hereinafter both referred to as «quitt» unless expressly mentioned otherwise).
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 quitt.ch and the respective customer account, which is protected by a personal login, limited to the duration of the contract and the handling of the subject matter of the contract.
The contractual partner may at any time appoint a representative for the representation towards ServiceHunter AG within the scope of the concluded service contract and to exercise all rights and duties according to these GTC as contractual partner.
Based on the information on the employment relationship of the contractual partner and the statutory provisions, the service of quitt includes the following services:
Contributions to cantonal compensation funds
obligatory contributions to the cantonal compensation funds are accounted for the following obligatory social insurances:
- 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
Registration and deregistration are carried out at the cantonal compensation offices with regard to:
- Family allowances
- Maternity compensation
- Income compensation regulation
The relevant bonuses and daily allowances are integrated into the pay slips of the affected employees of the contractual partner.
Contributions to accident and daily sickness benefit insurance (UVG, UVGZ 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 charges 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 its employment than the accident insurance offered by ServiceHunter AG.
- The contractual partner may also conclude a daily sickness benefit insurance (KTG) and/or a supplementary accident insurance (UVGZ) with ServiceHunter AG. In this case, 50% of the corresponding contributions will be charged to the contractual partner and 50% to its employees. A different distribution of the contributions, such as a takeover of 100% by the contractual partner, cannot be considered in the pay slips.
- Any insurance concluded by the contractual partner outside of ServiceHunter AG cannot be integrated into the payroll accounting.
Contributions to pension fund according to BVG
All salaries above the monthly and annual BVG entry thresholds applicable in the respective year must be insured with a 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 its employees. Any other distribution of the contributions between the contractual partner and its employees is excluded. Furthermore, it is explicitly excluded that the contractual partner selects a different pension fund for its 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. Withholding taxes due are charged to the contractual partner and paid to the cantonal tax authorities. The contract partner in its role as employer is the sole debtor of the withholding taxes to the 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
ServiceHunter AG offers the contractual partner the following additional services in its customer account:
- Preparation of standard employment contracts
- Preparation of monthly pay slips
- Preparation of annual wage statements
- Other documents, such as key receipts, templates for termination letters, certificates of employment, 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 its employees with all rights and obligations in this regard and is responsible for the correct handling of employment relationships.
3. CONCLUSION OF THE SERVICE CONTRACT
ServiceHunter AG reserves the right to refuse or terminate the conclusion of a service contract without reasons.
The contractual partner has to provide ServiceHunter AG with the information and documents of its employees that are necessary for identification (foreigner identity card, ID or passport) and to inform ServiceHunter AG immediately about any changes occurring during the term of contract.
4. OBLIGATIONS OF THE CONTRACTUAL PARTNER
The contractual partner undertakes to settle all its private employment relationships within Switzerland exclusively via quit and not to make own settlements with the compensation office or the tax office.
The contractual partner undertakes to provide correct information during both the registration and the ongoing use of quitt.
The contractual partner must ensure that at all times there are sufficient payments on account within the linked customer account to cover the expected contributions and wages of up to 60 days. He commits himself towards ServiceHunter AG to always provide the information mentioned under point 8 in due time, especially all information for the preparation of wage statements, i.e. the number of working hours in case of hourly wage employment as well as the gross wage in case of monthly wage employment.
The contractual partner undertakes to ensure that foreign employees have a valid work and residence permit. When employing Sans Papiers, the contracting partner commits to comply with the cantonal special regulations applicable in this respect.
Changes in the employment relationship or changes in the personal data of the contractual partner or its employees must be communicated to ServiceHunter AG within 14 days.
The contractual partner commits himself to enter all wages to be settled for the previous year correctly and completely in the respective customer account by January 20th of the following year at the latest.
In the event of a breach of duty by the contractual partner towards ServiceHunter AG, the contractual partner indemnifies ServiceHunter AG from all damages, costs and additional expenses incurred. In case of a breach of duty by the contractual partner, ServiceHunter AG is entitled to terminate the service contract without notice.
Additional expenses arising from a breach of duty by the contractual partner will be charged to the contractual partner by ServiceHunter AG at an hourly rate of 120 CHF.
5. TERM OF CONTRACT
The service contract is concluded for the billing period of one calendar year, unless expressly agreed otherwise. The contractual relationship is automatically extended by a further calendar year if the contractual partner has a current employment relationship in the respective customer account beyond the end of the year. The contractual partner can cancel an unintentionally extended service contract himself in the customer account.
The contractual partner and ServiceHunter AG can cancel the service contract and selected insurances at any time at the end of the current calendar year. The right to extraordinary termination for good cause remains reserved.
If the contractual partner terminates the service contract in its customer account, all wages of its employees accrued until the end of the contract period will be declared to the social insurances, tax offices and insurance companies. After the end of the contract period and after declaration of all wages to the relevant authorities and insurance companies, all powers of attorney granted by the contractual partner to third parties will be withdrawn. Any balances on account of the customer will be paid back to the customer from an amount of more than 25 CHF after the settlement process has been completed. In order to carry out the pay-out, the customer will be requested to provide the resective current bank details. If the customer does not comply with this request within 6 months despite a reminder, any remaining balances on account of the contractual partner will be donated to charity organizations.
6. SCOPE OF SERVICES OF INSURANCES
ServiceHunter AG takes over the accounting and payment of the obligatory and optional premiums and taxes shown in section 2 for the contractual partner.
ServiceHunter AG itself does not provide any insurance services. These are fully and exclusively provided by the social insurances and insurance partners and are subject to the respective contractual conditions.
The insurance coverage is based on the applicable provisions of the insurance partners. For example, if employees of the contracting partner are not fully employable at the start of an employment relationship or if a KTG insurance coverage has already been refused in the past, acceptance in the daily sickness benefit insurance can be refused or retroactively revoked.
Service insurance and pension fund for private persons «quitt»
The insurance coverage 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 service contract, the insurance coverage of the accident insurance and BVG insurance begins on the start date of the first recorded employment contract, but for all other insurances the insurance coverage starts at the earliest on the date of registration for the service contract. Retroactive insurance coverage for the period prior to registration is excluded for these other insurances.
The accident insurance coverage shall continue to exist as long as an ongoing employment relationship exists in the customer account of the contractual partner and corresponding insurance premiums are charged.
Insurance premiums for KTG and household insurance will only be charged for months in which the employee‘s work is invoiced. Claims can only be reported for periods in which work benefits are invoiced. Legal defense insurance is valid without interruption for the current calendar year.
Service insurance and pension fund for legal persons «quitt Business»
The insurance coverage provided by the accident insurance and other individually selected insurances begins with the start date of the quitt Business service.
The insurance and pension fund contracts concluded through quitt Business may include terms of up to three years. These contract terms remain valid even after cancellation and termination of the quitt service as well as after withdrawal of the power of attorney. If desired, these contracts must be terminated directly with the insurance company and/or the pension fund. The notice periods of the respective insurance and/or pension fund apply.
7. COSTS AND CHARGES
The contractual partner may choose from various services. The costs of the services consist of a service fee per calendar year or month and/or a percentage commission of the gross wage invoiced. All wage components such as monthly wage, hourly wage, vacation compensation, bonuses, overtime, paid-out remaining vacations, bonuses, 13th month’s wage, wages in kind, family allowance, daily accident allowance, daily sickness allowance, maternity allowance or EO allowance are considered in the invoiced gross wage, which is the basis for calculating the percentage commission.
The amount of the service fee and the percentage commission of the services are shown on the website. The service fee must be paid at the beginning of the contractual relationship or at the beginning of a calendar year if the service is extended.
The service fee is not refundable in the event of termination of the service during the year, not even proportionally for a certain number of months. Depending on the selected service, a commission is payable on the effectively invoiced gross salary of the contractor’s employees. This commission is charged to the account of the contractor as soon as the contractual partner invoices the hours worked by its employees.
The employer contributions to the social insurances as well as the premiums for further insurances will be charged to the contractual partner by ServiceHunter AG in addition to the service fee and any commissions. ServiceHunter AG can at any time retroactively assert claims against the contractual partner if there are additional demands from tax authorities or social insurances, if pay slips have to be corrected, if payments to the employees of the contractual partner have been mistakenly too high or if incorrect amounts were credited to the customer account.
If the contractor has entered into a net wage agreement with an employee where there is a subsequent correction of withholding taxes, any subsequent debits or credits of withholding taxes will be charged to the employer, as the net wage agreed with the employee may not be subsequently changed.
Minimum differences from final invoices of the compensation funds will always be charged to or credited to ServiceHunter AG up to an amount of CHF 25. Excluded from this are the redistribution of the CO2 tax as well as any differences in the administrative costs of the compensation funds, which will always be credited to the contractual partner.
Entitlement provisions of the tax authorities from the clearing of withholding taxes are always credited in favor of ServiceHunter AG, who is responsible for the correct transfer of the withholding taxes of the contractual partner to the tax authorities. The contractual partner is not entitled to the reimbursement of the withholding commissions.
In case of violations of the duties of the contractual partner (see section 4), additional expenses of ServiceHunter AG will be charged to the contractual partner at an hourly rate of CHF 120.
Violation of duties by the contractual partner that lead to the charging of additional expenses include, among others, late or incorrect reporting of personal data of the employees (marital status, children, employment status of spouse, sideline activities, change of residence status), which have an impact on the calculation of withholding taxes and cause retroactive corrections.
If the contractual partner has not completely and correctly registered all wages of the previous year’s employment in the customer area by January 20th of the following year at the latest, the resulting additional expenses for a late wage declaration at the responsible compensation funds will be charged with an additional fee of CHF 120. The additional fee for a late wage declaration at the respective compensation fund will be increased by a further CHF 120 at the beginning of each of the following quarters, if the contractual partner only communicates the correct wages at this delayed time.
8. MODALITIES OF CONTRACT PROCESSING
ServiceHunter AG creates a personal customer account in the customer area for the contractual partner after conclusion of the service contract. The contractual partner is obligated to always make sufficient payments on account to its customer account so that all contractually agreed services can be settled by ServiceHunter AG. The respective amount to be paid can be reviewed by the contractual partner at any time in the personal customer account.
All contributions, premiums and taxes to third parties, which correspond to the services from point 2, as well as the service fees and commissions of ServiceHunter AG are settled on the customer account of the contractual partner.
If it has also been agreed that the payment of wages and expenses to the employees of the contractual partner is to be made by ServiceHunter AG, these payments will also be settled on the customer account of the contractual partner.
Power of attorney
ServiceHunter AG settles the social insurance contributions, taxes and insurance premiums with the responsible parties at the end of each year according to the information provided by the contractual partner. The contractual partner authorizes ServiceHunter AG, by an electronically accepted or hand-signed power of attorney, to represent contractual partner towards the third parties named in Section 2 of these GTC regarding the settlement and payment of the contributions, taxes and premiums due.
Payment of wages
In the case of agreed payment of wages to the employees of the contractual partner by ServiceHunter AG, the payment of wages takes place on the date selected by the contractual partner in the customer account in accordance with the following provisions:
A: Regular work assignments with automatic accounting
In the case of regular work assignments with hourly wages and automatic booking of wage payments selected by the contractual partner, as well as generally in the case of contracts with monthly wages, ServiceHunter AG automatically calculates the respective wage costs on basis of the information provided by the contractual partner when entering an employment relationship. If corrections are to be made in these wage statements for additional hours worked or hours not worked, such corrections must be entered by the contractual partner into the customer account no later than one day before the date of the next wage payment. Otherwise, the hourly or monthly wage entered is automatically considered as confirmed by the contract partner.
B: Irregular work assignments or regular work assignments without automatic accounting
Irregular work assignments or regular work assignments without automatic accounting of wage payments selected by the contract partner will not be automatically settled. In these cases, the contractual partner must accurately record the actual hours worked by its employees in the customer account no later than 5 days after the work has been performed, so that ServiceHunter AG can process the wage payments.
Duty to inform
Without exception, the contractual partner must inform ServiceHunter AG of all hours effectively worked by its employees via the customer account.
The customer account of the contractual partner is secured. The authentication can be done by password or by third parties (for example, Microsoft, Google or Apple). The contractual partner is responsible for keeping the respective password secret. ServiceHunter AG is not liable for any damages on the part of the contractual partner resulting from the failure to keep the password secret or from incorrect authentication by third parties.
If a contractual partner has created actual employment contracts with the respective employees, but has not recorded any work services for these employees and, in addition, has not cancelled the service in the customer account, he is considered an inactive customer.
ServiceHunter AG will regularly contact inactive customers by e-mail and request them to record pending work services or to terminate current work contracts or otherwise terminate the service. If the customer does not comply with these requests, ServiceHunter AG will automatically terminate the inactive customer accounts in the 2nd half of each calendar year. With the termination, the same closing processes as described under item 5 will start.
Commissions of the insurance partners
ServiceHunter AG receives commissions from its insurance partners for the referral of contractual partners as customers of the UVG insurance, KTG insurance, BVG insurance as well as other offered insurances. The contractual partner has no claim to the payment of these broker commissions, which belong exclusively to ServiceHunter AG.
9. DISCLAIMER OF LIABILITY
ServiceHunter AG is only liable for damage caused intentionally or by gross negligence. The liability for slight negligence as well as for consequential damages and loss of 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 indemnifies ServiceHunter AG (including assumption of court and out-of-court costs) for all claims of third parties, which are raised against ServiceHunter AG and related to the content transmitted to ServiceHunter AG by the customer (e.g. incomplete and/or incorrect information).
ServiceHunter AG will pay all contributions, taxes and premiums referred to in section 2 without additional verification based on the information provided by the contractual partner regarding its ongoing employment relationships.
ServiceHunter AG is in no way obligated to make wage payments to the employees of the contractual partner as well as payments to the social insurances, tax offices and insurances, if work performances have not been recorded by the contractual partner in the customer account or if the contractual partner has not made sufficient payments on account to the customer account to cover these payments.
ServiceHunter AG expressly draws the attention of the contractual partner to the fact that he is liable as an employer and can be prosecuted for disregarding the regulations of the social insurances, tax offices and insurance companies.
In addition, the employees of the contractual partner may assert wage claims against the contractual partner if ServiceHunter AG cannot make wage payments to the employees of the contractual partner due to insufficient payments on account on the customer account of the contractual partner or in case of a non-recording of working hours by the contractual partner.
ServiceHunter AG does not assume any liability for non-payment of social insurance contributions, taxes or premiums, which are based on an incomplete declaration, a non-declaration or a false declaration on part of the contractual partner or an insufficient payment on account to the customer account of the contractual partner. Reminder fees of third parties due to late payment on account to the customer account, incorrect, incomplete or late submitted information, will be charged to the contractual partner.
Under no circumstances ServiceHunter AG accepts liability for social insurance contributions, insurance premiums, taxes or wage payments owed by the contractual partner.
Likewise, ServiceHunter AG is not liable towards the contractual partner and the respective employees in the event of any underfunding of the pension fund. In such a case, the pension fund only is liable to the contractual partner and the respective employees.
At the end of a payroll period, ServiceHunter AG declares to social insurances, tax offices and insurance companies only those services that are financially covered by the contractual partner. ServiceHunter AG expressly reserves the right to delete financially uncovered work performances of the previous year from the customer account of the contractual partner at the latest after January 10th of the following year and thus not to invoice such financially uncovered work performances to the social insurances, tax offices and insurance companies.
ServiceHunter AG accepts no liability whatsoever in connection with fines or penalties due to violations of the Aliens or Asylum Act by the contractual partner or its employees, or for labor law disputes between the contractual partner and its employees.
10. USE OF THE AUTOMATICALLY GENERATED EMPLOYMENT CONTRACT
Contract partner, who have concluded a service contract, can automatically create employment contracts for their employees in their customer account. These employment contracts are based on the data entered by the contractual partner. The contractual partner is free to use the provided employment contracts or to create employment contracts itself. Individual and subsequent changes or adjustments of employment contracts are not part of the scope of services provided by ServiceHunter AG.
However, the invoicing and declaration of the employment relationships of the contractual partner is based exclusively on the information entered in the customer 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 AND DATA PROTECTION
ServiceHunter AG treats all information of the contractual partner and the employees confidentially, which is not publicly accessible or publicly known and as far as it does not have to be made available to third parties for the fulfilment of contracts. If ServiceHunter AG is obligated to disclose data or information due to statutory or regulatory regulations, the corresponding disclosure is not considered a violation 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/datenschutzerklaerung/
ServiceHunter AG reserves the right to change these General Terms and Conditions at any time. These changes will be made available on the website quitt.ch/en.
13. PLACE OF JURISDICTION/APPLICABLE LAW
The contractual relationship between ServiceHunter AG and the contractual partner is subject to Swiss law. The sole place of jurisdiction is Zurich.
14. SEVERABILITY CLAUSE
If one of the above provisions is invalid, the validity of the remaining provisions remains unaffected.
ServiceHunter AG, Zurich, 14.10.2022