Terms and condtitions
Article 1
Performance
The cleaning agency accepts cleaning orders from customers and fulfils the respective work contracts. It performs work as a cleaning company with a guarantee for all services provided. The cleaning agency is the sole authority for the planning of work and distribution of work to cleaning ladies.
Article 2
Start, duration, termination
The contractual relationship starts with the bilateral signing of the contract and is concluded for an indeterminate time. It can be terminated after 3 month, after the 1st use of cleaning, by either side in writing subject to a term of 14 days at the end of each working week. Both contractual parties can terminate the contract at any time without notice for good cause.
Article 3
Cleaning inventory
The customer’s household will be cleaned according to the specification of work agreed between the two contractual parties.
Article 4
Volume of work
The volume of work can be extended or reduced at any time with mutual agreement. The broad services covered should be taken from the table on pages 3 + 4. This sheet of conditions forms an integral element of this agreement.
Article 5
Conditions, due dates
An hour of cleaning consists of 55 minutes of working time and will be billed at the start of the following month. The customer undertakes to pay this amount within 10 days. Following a second reminder, the cleaning agency reserves the right to invoice the customer CHF 46.43 plus VAT for additional work. Any costs, which arise from prosecution, will be invoiced to the customer in full.
Article 6
Duty of care
The cleaning agency guarantees the quality of its services, which it carries out with care while looking after the customer’s interests to the best of its ability.
Article 7
Retention of keys
The customer is responsible for access and can choose from different variants. Ideally customers give Putzfrauenagentur two keys to their household. This ensures access for substitutes at all times and the customer does not have to arrange anything. The cleaner receives one key and the other remains safely stored at Putzfrauenagentur. If Putzfrauenagentur is only given one key or no keys, this can result in added effort for the customer when it comes to substitutes. Upon receipt of the key, Putzfrauenagentur is committed to proper handling when it concerns access to the customer's premises. Employees of Putzfrauenagentur are strictly prohibited from entering outside of the agreed times without the customer's express permission. In addition, Putzfrauenagentur is very careful to ensure that the keys are not passed on to third parties. These points are also regulated in the key acknowledgment. The keys are to be returned to the customer upon first request.
Article 8
Cleaning materials
The customer will provide the cleaning agency free of charge with all cleaning materials, such as cleaning utensils, detergent etc. The customer is also responsible for providing the equipment required for the work. Excluded from this ruling, is work where the equipment required would not normally be found in private households, such as carpet cleaning equipment etc. This type of equipment will then be brought along by the cleaning agency if necessary.
Article 9
Staff
The cleaning agency confirms herewith that every employed cleaning lady meets statutory requirements in every respect and that the conditions of employment comply in full with the provisions of the Collective Labour Agreement governing the cleaning sector.
Article 10
Responsibility of the customer
The customer undertakes, within his/her means, to assist in complying with the agreement. The customer should ensure, for example, that the cleaning cloths have been washed and are available for each clean, that cleaning materials are available and that the house can be accessed etc.
Article 11
Trade secrets and duty of secrecy
The cleaning agency and its employees hereby undertake not to pass any information, which it learns within the framework of these contractual conditions, onto third parties. This relates specifically to documents of all types, living conditions, income and ownership. The customer, in turn, also agrees to professional non-disclosure of trade secrets. Trade secrets are deemed to be information, the disclosure of which could harm the cleaning agency and its employees in any way. This professional non-disclosure agreement continues to be in place following termination of the contractual relationship.
Article 12
Prohibition of competition
Without written authorisation from the cleaning agency the customer may not entice its employees to work for the customer or to work for a third party or compete against the cleaning agency in any way, for example by arranging or concluding business. Even after the end of the contractual relationship, the customer is also prohibited (irrespective of the selected legal form), to employ the cleaning agency’s cleaners either directly or indirectly in any way. This ban will last up to one year following the end of the contractual relationship and is restricted to the whole of Switzerland.
Article 13
Penalty
In the event of an infringement of the professional non-disclosure agreement (Clause 11) and/or the non-competition clause (Clause 12), the customer will pay the cleaning agency a penalty amounting to the total volume of the contract for the previous twelve months for each case of transgression. In addition, the customer will be liable in full for any damage in excess of the penalty. Payment of the penalty does not release the customer from compliance with his/her contractual obligations. The cleaning agency expressly reserves the right to demand the elimination of the illegal state of affairs and compliance with the professional confidentiality agreement and non-competition clause in the future.
Article 14
Substitution
The cleaning agency and its legal successors may transfer all of the rights and obligations from this contract to a third party. The rights and obligations shall only be transferred following specific written explanation to the customer.
Article 15
Right of rejection
The customer can reject an employee for good reason by calling into question the achievement of the aims of this contract by a specific employee of the cleaning agency. At the request of the customer, the cleaning agency will immediately make every effort to find a replacement.
Article 16
Liability
The cleaning agency has an employer’s liability insurance, which covers consequential damage (personal and material damage of up to CHF 5 million), which has been caused by employees of the cleaning agency when carrying out contractual work. On request, the customer can demand to see detailed information about the insurance cover from the cleaning agency at any time. For all other damage, the liability on the part of the cleaning agency is limited to a figure of CHF 464.25 plus VAT. This also relates to damage of all kinds, for which the insurance company refuses liability. The cleaning agency undertakes to inform the customer immediately about any damage of any kind caused. The customer undertakes to report any damage within 30 days of its occurrence. No liability shall be accepted for damage that is reported after this 30 day period.
Article 17
Availability
The hourly cleaning rate stipulated in Art. 5 applies during normal working hours. A higher fee will be charged for services provided at the weekend, on public holidays, in the evening and at night.
Normal working hours:
Monday to Friday 08:00–17:59
Exceptional working hours:
Monday to Friday 18:00–07:59
Saturday, Sunday and legal public holidays
Article 18
Hotline
The telephone hotline is available to customers on Monday to Friday, from 08:00 to 12:00 and from 14:00 to 17:00. In an emergency, your support person can be called on their mobile phone outside of these hours.
Article 19
Severability clause
Should a provision of this contract be invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace the invalid provision by finding a consensus using the most similar valid provision.
Article 20
Adjustments
The rights to statutory requirements, amendments to the joint committee, conditions of the GAV, adjustments due to inflation, VAT and price amendments etc. shall remain expressly reserved.