Termes et Conditions

1. Definitions

In these terms and conditions, the following terminology is used

Co-contracting party : any natural or legal person who has entered into a private placement mandate and brokerage contract with MénageSimple SA or a MénageSimple platform contract

User : any natural or legal person using the MénageSimple platform of MénageSimple SA

Employer contracting party : any natural or legal person having entered into a private placement agreement and brokerage contract with MénageSimple SA

Cleaning agent : any natural person who has entered into a MénageSimple platform contract with MénageSimple SA

Website/Internet platform : MénageSimple platform

Customer : any natural or legal person who has made a cleaning request with MénageSimple SA for end of lease or inventory

2. Application domain

These general terms and conditions apply to all contractual relations between MénageSimple SA, headquartered in Lausanne, and its contractual partners, and in particular to any use of the MénageSimple SA Internet platform.

The contracting parties are informed and accept that the use of the platform is subject to compliance with these general conditions, in addition to the obligations arising from the contracts signed with MénageSimple SA.

The contracting parties acknowledge that the concept of the platform is the exclusive property of MénageSimple SA and that the content may not be used, reproduced or marketed in any form whatsoever without the consent of MénageSimple SA.

3. Reserve of contracts

The services provided by MénageSimple SA are only those which are expressly provided for in the contracts agreed and signed by MénageSimple SA.

4. Beginning and end of contractual relations

The contracts entered into by MénageSimple SA with its co-contractors determine from when they are validly concluded and how they end. However, it is specified here that the termination must be notified and justified to the other party in writing and that it takes effect 14 days after its receipt.

5. Access to the service offer

MénageSimple SA freely manages its Internet platform and reserves the right to refuse potential co-contractors without giving reasons.

The services are only accessible after MénageSimple SA has created a personal account for its co-contracting employer, which can only be done after signing a contract with the company.

Online access is in principle available 24 hours a day and daily, but MénageSimple SA declines all responsibility for temporary interruptions or the blocking of accounts that appear to be used in a non-compliant, illicit or immoral manner.

In the event of non-compliance with these general conditions of use, MénageSimple SA may take immediate measures, in particular the exclusion at any time and without prior warning of the user’s access to the information and services offered on the site. In the event of damage suffered following a violation by the user of these general conditions of use, MénageSimple SA reserves the right to claim damages, in addition to requiring the cessation of non-compliant use.

6. Obligations related to the performance of the mandate and management contract

The contract between MénageSimple SA and its co-contractors determines the obligations of each party.

To enable them to be carried out, the co-contracting employer undertakes to indicate all working hours via the MénageSimple SA website and not to provide its own statements to the compensation fund or the tax authorities.

MénageSimple SA, duly mandated to manage the payment of cleaning agents’ salaries by employers, will pay salaries between the 1st and 10th of the current month for cleaning carried out last month. It will pay the social deductions and the possible payment of tax at source.

The co-contracting employer ensures that his personal account is always sufficiently credited to cover the salary of the cleaning agent, the social security contributions as well as the commission due to MénageSimple SA. The amount of the service is not debited at the time of the reservation, but is “retained” (put in “hold”) in the 24-48 hours preceding the service. It is then debited within 24 hours of the service.

The co-contracting employer is responsible for indicating at the time of booking a valid credit card, allowing payment of the entire service requested. In the event of non-payment for any reason whatsoever, a first payment reminder will be sent and an administrative fee of CHF 30.- will be charged.

In the event of non-payment following the reminder, MénageSimple SA reserves the right to initiate recovery procedures which will generate additional costs of CHF 250.-. MénageSimple SA also reserves the right to call on a collection company for unpaid bills.

MénageSimple SA also reserves the right to claim payment for any additional damage it may suffer due to non-payment of services by the co-contracting party.

7. Terms of execution of the contract

After the conclusion of the contract, MénageSimple SA opens a personal account for the co-contracting party which the latter will credit with advance payments intended to enable MénageSimple SA to fulfill the obligations resulting from the mandate contract. The amount to be paid by the contracting party can be consulted on the personal customer area of ​​the MénageSimple SA website.

MénageSimple SA reserves the right to block access to the platform of the co-contracting employer if the latter has not sufficiently provisioned his personal account in order to allow MénageSimple SA to fulfill its contractual obligations. The same applies if the contracting employer is in default of paying any amount whatsoever to MénageSimple SA.

All contributions and payments intended for third parties, as well as commissions due to MénageSimple SA will be debited from the customer’s personal account.

The mandate contract authorizes MénageSimple SA to represent the contracting party vis-à-vis the third parties concerned; however, the co-contractor agrees in advance to sign, if required, an express power of attorney in addition authorizing MénageSimple SA to perform the services listed in the mandate contract.

8. Remuneration due by the contracting employer

A commission is paid to MénageSimple SA for each service performed.

The scale relating to commissions appears clearly on the website of MénageSimple SA and depends on the frequency of the services chosen.

By accepting the general terms and conditions, the contracting employer acknowledges that he is liable for the amount of the commission requested of him each time the platform is used.

9. Sponsorship

The existing referral offer for customers is valid only for his friends or close contacts and only for services performed in a different apartment than that of the referrer. Any other action intended to take advantage of the promotion renders the promotional offer void. The use of the sponsorship voucher through third-party sites and other digital or non-digital advertisements must be subject to the authorization of the company.

10. Warranties and Disclaimers

MénageSimple SA performs all the contractually agreed services on the basis of actual working hours as communicated by the contracting party.

MénageSimple SA is under no obligation to pay salaries and social insurance contributions, for the cleaning agent’s hours that have not been recorded on the client portal of the MénageSimple SA website or when the customer account does not have enough cash credit to cover the salaries and social contributions to be paid, as well as the commission. MénageSimple SA undertakes only in this case to inform the cleaning agent, at the latest on the theoretical date of payment of the salary.

Thus, the unpaid employee will have to assert his wage claims against the co-contracting employer when MénageSimple SA has not been able to execute the mandate for payment of wages / payment of insurance benefits, in particular because of an insufficient account. credited in money or the non-registration of working hours by the co-contracting party.

MénageSimple SA declines all responsibility for social security contributions or other contributions not paid due to incomplete declarations, respectively absence of declarations from the co-contracting party and/or insufficient advance payments in favor of MénageSimple SA. In the event of a delay in the performance of contractual services caused by late payment by the co-contracting employer, the costs of reminders from third parties are charged to the co-contracting employer.

MénageSimple SA makes the co-contracting employer expressly aware of the fact that he is, in his capacity as employer of the cleaning agent, solely responsible for non-compliance with the prescriptions relating to insurance and tax laws and that he can therefore be prosecuted in case of violation of the applicable rules.

MénageSimple SA is not liable for any under-coverage of the pension fund, based on the subsequent collection of contributions.

The cleaning agent and the co-contracting employer are bound by an employment contract. As such, they are responsible to each other for the proper execution of the working relationship. MénageSimple SA declines all liability arising from labor law disputes between the contracting party and its employee.

10a. Guarantee for End of Lease services

The customer benefits from a 200% guarantee after booking an end of lease/inventory of fixtures service, if the work carried out is refused by the management. This guarantee is only given if the premises to be cleaned meet the following conditions:

• The premises have been maintained in the 30 days preceding the service, in the usual way;
• The premises were completely emptied (the move was carried out) before the cleaning was carried out);
• The size of the premises to be cleaned has been correctly indicated by the customer by referring to the table below:

If the conditions of the guarantee are applicable, and that during the inventory of fixtures the management considers that the cleaning has not been done in a sufficiently thorough manner, MénageSimple SA guarantees free of charge (against supporting documents) a second passage to complete the work. as soon as possible.

In the event of a new refusal by the Régie, after the second intervention of a cleaning agent, MénageSimple SA undertakes to reimburse the customer for the additional cleaning costs that the Régie would invoice him, against receipts.

MénageSimple SA excludes its warranty in any situation other than that described above.

10b. Travel time

MénageSimple SA reserves the right to anticipate or delay the start of a service by 30 minutes, by informing the contracting party or customer within 24 hours prior to the service, to take into account traffic, as well as the estimated travel time of the service. cleaning agent. Travel time is not the customer’s responsibility.

10c. Waste treatment

The cleaning agent takes care at the end of each service of emptying the garbage cans present in the premises. The time needed to clear the waste is deducted from the time reserved by the customer. If the waste cannot be disposed of free of charge (public containers) and it is necessary to use a waste disposal centre, the customer accepts the additional costs of this service being invoiced to him. Otherwise, the customer remains responsible for waste disposal.

MénageSimple SA is not authorized to process biological waste (seals, animal carcasses, infestations, etc.). The customer is obliged to inform the company in the event that waste of this type is found on the premises so that the necessary security measures can be prepared.

10d. Cancellation of services

A reservation can be canceled or modified 48 hours in advance. After this time, the service will be charged at 90%.

11. Computer security and cookies

MénageSimple SA undertakes to protect personal data and to ensure that the computer systems, programs or other software which are within its sphere of influence correspond to the current state of the art in terms of security. Users are required to ensure the security of computer systems, programs and other software within their sphere of influence. In particular, MénageSimple SA uses secure networks, protected by firewalls, compliant with industry standards, and by passwords. MénageSimple SA has security measures in place to protect user data against loss, misuse and alteration.

In the event of violation of the aforementioned provisions, MénageSimple SA may immediately block access to the platform for the users concerned. It also reserves the right to claim damages.

The Internet platform of MénageSimple SA uses “cookies”. MénageSimple SA draws the attention of contracting parties to the fact that refusing cookies may result in certain services and functions of the Internet platform not being able to be used to the full.

12. Data protection

MénageSimple SA undertakes not to transmit personal data passing through the platform to third parties, unless a legal obligation imposes it.

MénageSimple SA guarantees that the processing of the personal data concerned will comply with Swiss data protection legislation and undertakes not to transmit the data provided by the contracting party concerning him or his employee (name, address, date of birth, N ° AVS, marital status, type of residence permit, etc.) as well as to social insurance or other insurance according to the agreed benefits as well as to the cantonal tax administration. By signing the contracts concluded with MénageSimple SA and using the platform, the contracting parties have declared their agreement to the processing of their personal data for the aforementioned purposes.

MénageSimple SA draws the attention of each user to the fact that he is responsible for the protection of the data he accesses via the website and that he is required to comply with the applicable Swiss legislation on data protection, whatever or the country in which it is located.

13. Amendments

MénageSimple SA reserves the right to modify these general terms and conditions at any time. The modifications will be accessible via the website of MénageSimple SA.

14. Safeguard clause

The possible nullity of one of the preceding provisions does not entail any consequence on the validity of these general conditions and a fortiori on the contracts signed between MénageSimple SA and its co-contractors.

15. Jurisdiction and applicable law

All contractual relations between MénageSimple SA and its co-contractors are subject to Swiss substantive law, regardless of their domicile. The exclusive legal venue is in Lausanne.