General Terms – 27.11.2024

1. Definitions
In these Terms and Conditions, the following terminology applies:

• Contracting Party: any individual or legal entity that has entered into a private placement, mandate, and brokerage agreement or a MénageSimple platform agreement with MénageSimple SA.

• User: any individual or legal entity using the MénageSimple SA platform.

• Employer Contractor: any individual or legal entity that has entered into a private placement, mandate, and brokerage agreement with MénageSimple SA.

• Housekeeper: any individual who has entered into a MénageSimple platform agreement with MénageSimple SA.

• Website / Internet Platform: the MénageSimple platform.

• Client: any individual or legal entity requesting end-of-lease or move-in/move-out cleaning services from MénageSimple SA.

2. Scope
These Terms and Conditions apply to all contractual relationships between MénageSimple SA, based in Lausanne, Switzerland, and its contracting parties, particularly regarding use of the MénageSimple SA Internet platform.

Contracting parties acknowledge and agree that platform use is subject to these Terms in addition to the obligations arising from contracts signed with MénageSimple SA.

All content on the platform is the exclusive property of MénageSimple SA and may not be used, reproduced, or commercialized in any form without prior consent.

3. Reservation of Contracts
Services provided by MénageSimple SA are strictly limited to those explicitly agreed in signed contracts.

4. Commencement and Termination of Contracts
Contracts between MénageSimple SA and its contracting parties determine the start date and conditions for termination.

5. Access to Services
MénageSimple SA retains full discretion over platform access and may refuse potential contracting parties without explanation.

Services are accessible only after a personal account has been created by MénageSimple SA for the employer contractor.

Platform access is generally available 24/7; however, MénageSimple SA is not liable for temporary outages or account blocks resulting from misuse, unlawful, or inappropriate activity.

Non-compliance with these Terms may result in immediate measures, including account suspension or termination without notice. MénageSimple SA reserves the right to claim damages and require cessation of non-compliant use.

6. Obligations under the Mandate and Management Agreement
The mandate contract defines the obligations of each party.

Employer contractors must report all working hours via the platform and refrain from submitting their own statements to social security or tax authorities.

MénageSimple SA, authorized to manage housekeeper salary payments, will process payments between the 1st and 10th of each month for work completed in the previous month, including social security deductions and any withholding tax obligations.

Employer contractors must ensure their personal accounts are sufficiently funded to cover salaries, social contributions, and MénageSimple SA commissions.

A valid credit card must be provided at the time of booking. In case of non-payment, a first payment reminder will be issued, and administrative fees of CHF 30 will apply. Further non-payment may incur additional collection fees of CHF 250, and MénageSimple SA may involve a debt collection agency. Additional damages may also be claimed.

7. Service Execution
After booking, a personal account is created and must be funded in advance to allow MénageSimple SA to fulfill its contractual obligations. Account status can be monitored via the personal client area.

MénageSimple SA reserves the right to block platform access if accounts are underfunded or if valid payment methods are not provided. Services may also be canceled if payments are not secured. Cancellations within 48 hours may incur fees (see 10d).

All third-party payments and MénageSimple SA commissions are deducted from the client’s account.

The mandate contract authorizes MénageSimple SA to represent the contractor in dealings with third parties. If required, the contractor will sign an additional power of attorney to allow MénageSimple SA to execute the mandate.

8. Fees and Commissions
MénageSimple SA receives a commission for each service provided.
Commission rates are shown on invoices and depend on service frequency.
By accepting these Terms, the employer contractor acknowledges liability for commissions due each time the platform is used.

9. Referral Program
Referral offers are valid only for friends or close contacts and for services performed at a location different from the referrer’s. Unauthorized use of promotional codes invalidates the offer. Use via third-party websites or advertisements requires MénageSimple SA approval.

10. Guarantees and Liability Exclusions
MénageSimple SA provides services based on hours reported by the contracting party.

MénageSimple SA is not responsible for paying salaries or social contributions for hours not reported or if the client account lacks sufficient funds. Housekeepers must claim unpaid wages directly from the employer if MénageSimple SA cannot process payments due to underfunding or unreported hours.

MénageSimple SA is not liable for incomplete social contributions or delays caused by late payments. Reminder fees and administrative costs (CHF 80) may be charged to the employer contractor.

Employers are solely responsible for compliance with social insurance and tax laws. MénageSimple SA does not guarantee pension contributions.

Housekeepers and employers are bound by employment contracts and are responsible for proper execution of their working relationship. MénageSimple SA disclaims liability for labor disputes.

10a. End-of-Lease Service Guarantee
Clients receive a guarantee for end-of-lease/move-in cleaning if work is rejected by the property management, provided the premises:

• were maintained in the 30 days prior to service,

• were completely emptied before cleaning,

• size was accurately reported (see table for studio, 2–6 rooms, villa, >200m² requires custom quote).

If the guarantee applies and cleaning is rejected, MénageSimple SA provides a free second visit to complete the work. Further refusal after the second visit entitles the client to reimbursement of additional cleaning costs (proof required).

10b. Travel Time
MénageSimple SA may adjust service start times by ±30 minutes due to traffic or travel. Travel time is not charged to the client.

10c. Waste Handling
Housekeepers empty bins at the end of each service. Additional disposal costs (e.g., public containers or waste disposal fees) are charged to the client. Biological or hazardous waste must be reported by the client.

10d. Service Cancellations
Cancellations or modifications are allowed up to 48 hours in advance. After this period, 90% of the service cost will be charged.

11. IT Security and Cookies
MénageSimple SA protects personal data and ensures IT systems comply with current security standards. Users are responsible for their own systems and must maintain security. The platform uses secure networks, firewalls, and passwords. Breaches may result in immediate account blocking and potential claims for damages.

Cookies are used on the platform; refusal may limit functionality.

12. Data Protection
Personal data is not shared with third parties unless legally required.
Data processing complies with Swiss data protection laws. Personal information may be shared with social insurance, other relevant insurers, and cantonal tax authorities as required. By using the platform and signing contracts, contracting parties consent to this data processing.
Users are responsible for protecting data accessed via the platform and must comply with Swiss data protection laws regardless of location.

13. Amendments
MénageSimple SA reserves the right to amend these Terms at any time. Updates will be published on the website.

14. Severability Clause
Invalidity of any provision does not affect the validity of the remaining Terms or existing contracts.

15. Governing Law and Jurisdiction
All contractual relations between MénageSimple SA and its contracting parties are governed by Swiss law. Exclusive jurisdiction is in Lausanne, Switzerland.