Helpling Switzerland AG, Zwinglistrasse 33, CH-8004 Zurich operates an online platform, primarily via https://www.helpling.ch. This platform enables customers to book domestic services. The services are provided by Helpling. The contract is concluded between the Client and Helpling Switzerland AG.
§ 1 Area of application
The following General Terms and Conditions apply to the use of the platform and services of Helpling Switzerland AG by the Client.
§ 2 Performance of the cleaning activities by Helpling
(1) Helpling offers cleaning activities, which are carried out by Helpling employees. Helpling is also entitled to transfer the obligations under this contract, in particular the performance of the cleaning activities, to a third party.
(2) Helpling only carries out the usual cleaning routines. Final cleaning, small repairs, construction cleaning, disposal of bulky waste, etc. are currently not carried out. As a result, no acceptance guarantee is given.
(3) The services performed are charged on an hourly basis. Only the cost of the work is included in the fee. All cleaning materials, tools and equipment etc. are to be provided by the customer at his own expense. The customer is responsible for ensuring that the required work equipment is available.
(4) The Customer shall grant Helpling respectively its employees access to the facilities to be cleaned and enable the execution of the agreed services. In particular, he must ensure that the areas to be cleaned (e.g. windows) are easily accessible and that there are no obstacles.
§ 3 Conclusion of the contract
A contract between the Customer and Helpling is only concluded after Helpling has confirmed the booking request to the Customer.
§ 4 Change and cancellation of bookings
(1) In the event of changes or cancellations of bookings, the customer will be invoiced a processing fee. The amount of the processing fees depends, among other things, on the type of booking and the time of the change or cancellation. The exact determination of the processing fee is made in accordance with the "Change and Cancellation Policies", which can be viewed under the following link: https://www.helpling.ch/ch_en/cancellation-policy. These change and cancellation policies apply to all changes and cancellations of bookings as well as to "factual cancellations". A „factual cancellation“ exists if the customer's behaviour makes it impossible to execute the booked order. This includes, but is not limited to: address or flat not locatable due to false information on name or address, false names on the bell plate or front door, customer not present and not to be contacted at the beginning of the contract, access to the object of the booked cleaning not possible. A factual cancellation is treated as a cancellation of the booking at the time of execution.
(2) Any changes to the application date or scope, or other details of the assignment must be checked and confirmed by Helpling. By submitting changes, the Client shall not be entitled to any claim for fulfilment of these changes until Helpling has confirmed them.
§ 5 Poaching ban
Customers agree that they will not independently contact, engage or maintain any other business relationship with Helpling's employees beyond the scope of Helpling's services. In particular, the Customer may not entice away Helpling's employees. This is also prohibited for a period of one year after termination of the contract between Helpling and the Client. In case of violation of this ban on poaching, he is obliged to pay a contractual penalty of CHF 500 to Helpling and to immediately terminate any contract with the Employee of Helpling. The payment of the contractual penalty does not release the Client from this obligation; Helpling may also claim additional damages exceeding the amount of the contractual penalty.
§ 6 Liability of Helpling
(1) Helpling will work within its economic and legal capacity to ensure that cleaning is carried out properly and in accordance with industry standards. However, Helpling is not legally responsible for the proper provision of the cleaning service. The provision of maintenance cleaning services during a certain number of hours is agreed. Complaints must be made in writing within 48 hours.
(2) Helpling shall only be liable - irrespective of the legal grounds - in the event of intent and gross negligence.
(3) Helpling's intermediary platforms, in particular https://www.helpling.ch/, also contain links to other websites. Helpling is not responsible for the content of the linked pages/contents and assumes no liability or guarantee for the correctness of the linked pages. The data protection on the linked sites is also not covered by these terms and conditions of use.
(4) Helpling is not liable for damages caused by third party negligence or interruptions in the availability of the platforms for which it is not responsible (e.g. technical problems of the Internet that cannot be influenced by one party, UMTS transmission).
§ 7 Terms of payment
(1) By agreeing to these General Terms and Conditions, all parties agree to the electronic transmission of invoices.
(2) The means of payment options offered to the Customer are available as payment alternatives in the online portal. The current payment fees, which Helpling may charge, are also shown under the payment options and are shown in detail in the order process. Helpling has the right to exclude individual payment methods in general or for individual clients without explanation.
(3) If the payment is executed by credit card, the charge will only be made after the cleaning activity has been completed, but the invoice amount will be reserved on the credit card at the time of ordering. If the payment is executed with other immediate payment methods, the invoice amount will be debited at the time of the order.
(4) The payment method "wire transfer" is not available for all offerings and requires, among other things, a positive credit check. If the Customer is allowed to purchase on account for certain offers and after checking the creditworthiness, the payment will be processed by Helpling. However, Helpling reserves the right to process the payment via an external service provider, which will handle Helpling's invoice claim after the conclusion of the purchase contract. Helpling also remains responsible in case of a purchase on account via an external service provider for general customer enquiries (e.g. for the execution of the service, change requests, etc.), complaints, declarations of withdrawal and returns or credit notes.
(5) If the customer does not meet his payment obligation, the customer shall be in payment delay without further reminder upon expiry of the payment period stated on the invoice and shall pay default interest of 8%. Helpling is entitled to charge a reminder fee of CHF 30.00 per payment reminder as well as other fees, in particular the costs of any collection procedure. Furthermore, Helpling may refuse to accept and process orders in the future. External service providers may also refuse to accept and process orders in relation to other traders.
(6) Vouchers for cleaning services can be purchased via the Helpling customer portal, subject to availability. Vouchers are issued with a voucher or discount code and are transferable (e.g. for gifts). The offered vouchers/discount codes are valid for five years from the date of purchase.
(7) Helpling can provide customers with an e-wallet in their user account for managing vouchers or for depositing money into the customer account. Vouchers obtained for personal use are automatically added to the e-wallet. Each voucher/discount code sent by Helpling in the Customer's e-wallet, by e-mail or by postal mail may only be redeemed once. Deviating or additional terms and conditions will be pointed out separately. In general, Helpling reserves the right to cancel or invoice an order if there is a justified suspicion of abuse in connection with the use of voucher and discount code redemption.
§ 8 Reservation of title; Offsetting; Right of retention
(1) For consumers, Helpling retains ownership of the purchased goods until the invoice amount has been paid in full. If the Customer is an entrepreneur in the exercise of his commercial or independent professional activity, a legal entity under public law or a special fund under public law, Helpling reserves the right of ownership of the object of sale until all outstanding claims arising from the business relationship with the Customer have been settled. The corresponding security rights are transferable to third parties.
(2) The Customer shall only be entitled to a right of set-off if his counterclaims have been legally established or are undisputed or acknowledged by Helpling. In addition, the customer has a right of withholding only if and insofar as his counterclaim is based on the same contractual relationship.
(3) If the Client is in delay with any payment obligations towards Helpling, all existing claims shall become due immediately.
§ 9 Amendments to the framework agreement
Helpling is entitled, in the event of valid reasons (e.g. change in the legal situation, supreme court rulings or market conditions, expansion or adjustment of the Service), to amend individual clauses of this framework agreement in the future, insofar as these amendments are reasonable for the Client. Any changes will only be made to the extent necessary. Helpling shall notify the Client of the intended changes by e-mail, fax or letter at least eight weeks before the planned effective date of the changes and make them available to the Client. The changes shall be deemed to be approved if the Client does not object in writing within six weeks after notification. The notification will contain a reference to the possibility and the deadline for objection as well as the significance or consequences of not objecting. The date of receipt of the objection by Helpling is decisive for compliance with the deadline. If an objection is made within the time limit, both parties have the right to terminate the contract.
§ 10 Final clauses
(1) Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid or unenforceable provision with a valid or enforceable provision that comes as close as possible to the economic and intellectual intent of the parties.
(2) Swiss law is exclusively applicable. The provisions of the UN Sales Convention are excluded.
(3) The courts in the city of Zurich (District 1) shall have exclusive jurisdiction for all disputes arising from or in connection with this contract.