2. Copyright and Intellectual Property
2.1 The content of our Website and namely but not exclusively the texts, marks, logos, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are the property of BATGROUP SA or its affiliated companies or are used with the authorization of the owners, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law (all rights reserved).
2.2 Except as provided in Section 3 hereinafter, nothing contained on our Website shall be interpreted or construed as granting you a license or a right to use any such content of our Website.
3. Use of the Website
3.1 You may download, display or print the content of our Website solely for personal, non-commercial use, thereby retaining and reproducing each and every copyright notice or other proprietary rights notice contained in any information or other material you download. Any other use, including the reproduction, modification, distribution, transmission, or broadcast of the content of the Website, in whole or in part and by any means, is strictly prohibited, except upon prior written consent of BATSOFT SA or BATGROUP SA.
3.2 BATSOFT SA neither warrants nor represents that your use of any content displayed on its Website will not infringe rights of third parties.
4. Disclaimer of Warranties
4.1 Without prejudice to section 5 hereinafter, any material, information and all that you find on the Website are furnished to you “as is”, in function of their availability, and without guaranty of any sort, expressed or implied, including, among others, the implied warranty of merchantability, or fitness for any particular purpose.
4.2 BATSOFT SA does not guarantee that its Website or its content will correspond to your expectations, will not be interrupted, timely, secure and free of error.
4.3 The activation of certain links on the website may cause you to leave our website. We do not review any of these linked websites and do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall we be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to our website.
5. Limitation of Liability
5.1 You access, use, browse and navigate on our Website at your own risk and peril.
5.2 You recognize and accept that, to the fullest extent permitted by applicable regulations, neither BATSOFT SA, BATGROUP SA, any of its affiliated companies, their directors, officers, employees, agents or shareholders, nor any other party involved in creating, producing or delivering the Website, may be held liable for any direct, indirect, or consequential damages, any injury to reputation, costs, losses, decrease in turnover or profits or liabilities of any nature whatsoever (even if the advent of such damage was known or could have been known by BATSOFT SA or BATGROUP SA or any of its affiliated companies), capable of arising from your access to, or use of, or on the contrary the impossibility to use, the Website or their content.
5.3 All materials which are downloaded or obtained by any other manner during the use of our Website are at your own risk and peril. BATSOFT SA assumes no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from its Website or for any illegal intrusion or intervention in the IT systems.
5.4 BATSOFT SA reserves the right to interrupt or discontinue any or all of the functionality of its Website. BATSOFT SA, BATGROUP SA, or any of its affiliated company, accept no responsibility or liability whatsoever for any interruption or discontinuance of any or all functionality of its Website resulting from actions or omissions of BATSOFT SA, BATGROUP SA, any of its affiliated company, or any third party.
6. Proper Use of the Website
6.1 You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to us or to the users of our Website.
7. Change of Information
7.1 The content of our Website may contain inaccuracies or errors. BATSOFT SA reserves the right to make changes, corrections and/or improvements to such content any time without prior notice but does not assume any responsibility to do so.
8. Gift cards
8.1 Sales of gift cards are final and are not eligible for a refund once the Gift card voucher code has been transmitted.
8.2 Gift cards expire 12 months after purchase. The expiration date can be extended once for another 12 months upon request.
BATSOFT SA 12/2020 © 2021 BATSOFT SA. All rights reserved.
Supplementary General Terms and Conditions - Trust mandate
In the hereby supplementary general terms and conditions (the “SGTCs”), the following terms will be used:
“BATSOFT SA”: BATSOFT SA, a Swiss company with its registered company headquarters at Lausanne, or any other company specified in the relevant contractual documentation, who is the supplier of Services under the Contract.
“Private Employer”: any person having entered into a trust mandate with BATSOFT SA via the Batsoft platform named batsoft.ch, owned by BATSOFT SA (the “Platform”), as employer.
“User”: all physical people using the Platform.
“Employee”: any person who has entered into a placement mandate with BATSOFT SA via the Batsoft platform.
“Internet site/ Internet platform/Website”: the Batsoft platform (batsoft.ch)
“Trust Mandate”: the trust mandate between BATSOFT SA and the Private Employer relating to services in relation to the working relationship between the Private Employer and the Employee, consisting of in particular the management of the declaration and insurance of the Employee on behalf of the Private Employer.
“Services”: All services covered by the Trust Mandate
“Employment Contract”: the employment agreement entered into between the Private Employer and the Employee via the Batsoft platform.
2. Applicable areas
The SGTCs govern the conclusion and performance by BATSOFT SA under its contractual relationship with any contractual partner, and particularly applying to any use of the internet platform of BATSOFT SA. These SGTCs are binding for the entire present and future business relationship between BATSOFT SA and any contractual partner for the entire present and future business relationship between the parties and apply to all offers issued by BATSOFT SA, even if these SGTCs are not expressly incorporated by reference. With acceptance of such an offer, the Private Employer assents to these SGTCs.
3. Contractual limitations
The services supplied by BATSOFT SA are only those explicitly mentioned in the contracts agreed and signed by BATSOFT SA. An offer issued by BATSOFT SA is deemed binding and shall constitute a contract between the Private Employer and BATSOFT SA only if it is accepted by the Private Employer within the time specified in the offer, unless BATSOFT SA decides to consider the acceptance of the Private Employer valid even if expressed after such time.
4. Term, Termination and Consequences of Termination of the Trust Mandate
Unless sooner terminated pursuant to these SGTCs, the Trust Mandate shall continue for the period specified in the Trust Mandate. The termination of the Trust Mandate must be written and will come into force upon receival of such termination notice by BATSOFT SA. The Private Employer must be aware that the termination of the Trust Mandate with BATSOFT SA also automatically terminates the insurance coverage of the Private Employer. It is therefore incumbent on the Private Employer to take the necessary steps to insure and declare their employees regarding all insurances incumbent to an employer, in particular with regard to occupational pension provision.
5. Term, Termination and Consequences of Termination of the Employment Contract
The Employment Contract between the cleaning agent and the Private Employer can be terminated in writing or email within the statutory time limits based on the duration of the employment relationship between the Private Employer and Employee:
6. Duties related to the Trust Mandate execution
The Trust Mandate determines each of BATSOFT SA and the Private Employer’s duties under the Trust Mandate. The Private Employer undertakes to record all its employment relationships via the website of BATSOFT SA (i.e. to have the right number of cleaning hours on its account on the Website) and not to provide its own records to the compensation fund or the tax authorities. The Private Employer is made aware that Private Employers shall decide themselves if the Employees’ salaries are paid by them directly – in which case, BATSOFT SA must be notified in writing of the same – or through an account that is created for this purpose and which is managed by BATSOFT SA. In the event that the Private Employer mandates BATSOFT SA to manage the payment of the salaries, the salary amount will be wired on the 3rd of the month following execution of the cleaning service.
The Employee shall consult the Private Employer’s choice regarding the payment method on the Batsoft platform.
If choosing to pay through the account created and managed by BATSOFT SA, the Private Employer must make sure that their account is sufficiently funded at all times.
The Private Employer undertakes to provide BATSOFT SA in a timely manner with the relevant data enabling it to provide the services resulting from its Trust Mandate, in particular all indications relating to the salary declaration, i.e. the number of working hours for hourly-paid engagements. The Private Employer undertakes to provide only true and correct data on the BATSOFT SA platform, in particular with regard to their personal details and actual working hours of the Employee.
Any modification regarding the work relationship or personal data of the Employee or the Private Employer must be communicated to BATSOFT SA within 14 days.
In case of failure to comply with the above duties, BATSOFT SA would be entitled to invoice the party at fault separately for the incurred work up to CHF 120.- per hour (VAT included).
In addition to the Trust Mandate, the Private Employer may sign a document, agreeing to become a member of the ALTN (“Association against black market in the domestic sector”). Members of the ALTN profit from professional accident insurance, for their household staff hired through the platform of BATSOFT SA, at no additional cost. The Private Employer, as a member of the ALTN, also agrees to pay 50% of the sickness compensation insurance for their household staff, hired through the platform of BATSOFT SA. The cost of this insurance is already calculated into the final hourly amount displayed on the Website when making a booking.
7. Procedures for contract implementation
After the conclusion of the Trust Mandate, BATSOFT SA establishes a personal account for the Private Employer, which the latter will credit with advance payments to enable BATSOFT SA to fulfill the obligations resulting from the mandate contract. The amount to be paid by the Private Employer can be consulted on the personal customer page on BATSOFT SA website.
In the event that the Private Employer is in arrears with the payment of due salaries or has not funded their personal account to allow BATSOFT SA to fulfill its contractual obligations in the name of the Private Employer, the Private Employer's access to the platform may be temporarily blocked.
The Private Employer hereby accepts that all contributions that are due to third parties and corresponding to the services supplied by – and the commissions for - BATSOFT SA will be charged from the Private Employer’s personal account using the payment method they have chosen at the time of booking. BATSOFT SA only declares the hours that have been paid by the Private Employer to the relevant authorities.
The Trust Mandate allows BATSOFT SA to represent the Private Employer to any relevant third party. If needed, BATSOFT SA may require from the Private Employer to sign any additional agreement to allow BATSOFT SA to carry out its fiduciary services mentioned in the Trust Mandate, if such services are not covered by the Trust Mandate.
8. Commission A commission is paid to BATSOFT SA for each executed transaction and calculated, for each hour of cleaning services performed by the Employee, as follows:
The value of the commission varies between a minimum of CHF 0.00 per hour and a maximum of CHF 10.00 per hour. The exact value of the commission is clearly indicated when the Private Employer uses the Batsoft platform and may depend in particular on the canton where the cleaning services are performed or on potential promotional offers, which are themselves subject to certain conditions. The calculation of the commission shall be stated in detail on the invoices received by the Customer after each performed cleaning.
By accepting these SGTCs, the Private Employer acknowledges that it owes the amount of the commission due to BATSOFT SA pursuant to its use of the platform and according to the hours reserved with the Employee.
9. Guarantees and liability limitations
BATSOFT SA will fulfill its duty to pay all related social contributions as defined contractually on the basis of the actual worked hours indicated by the Private Employer, in the event that the Private Employer has mandated Batsoft SA to manage such services in the name and on behalf of the Private Employer.
BATSOFT SA shall be allowed to retain from paying the salaries and social security contributions in the event that the Private Employer has not properly registered the Employee in the online platform developed by BATSOFT SA or when the client’s account is not sufficiently funded in cash in order to cover salaries, all due social contributions and the commissions. In this case, BATSOFT SA undertakes to notify the Employee, latest at the theoretical salary payment date.
In such case, the unpaid Employee may form its claim directly against the Private Employer when BATSOFT SA was not able to fulfil its duties under the Trust Mandate notably because the personal account of the Private Employer was not sufficiently funded or when the number of worked hours has not been properly entered in the platform by the Private Employer. BATSOFT SA shall not be held liable in case of late payment to the compensation office and in case of debt recovery proceedings initiated against the Private Employer. As an employer, the Private Employer acknowledges that it is the sole liable party regarding the appropriate execution of the Employment Agreements. BATSOFT SA shall not be held liable of any labor law litigation between the Private Employer and the Employee.
The Private Employer, as an employer, is the sole liable party of the breach of social contributions and tax laws. The Private Employer acknowledges, it can be sued for such breach. BATSOFT SA shall not be held liable for any unpaid social contributions or other unpaid contributions in case of incomplete or inaccurate count of worked hours by the Private Employer, due to the absence of declaration from the Private Employer and/or the insufficient pre-payment to BATSOFT SA. In case of delay in the execution of the Trust Mandate, namely related to a delayed payment from the Private Employer, all reminder fees from third parties shall be borne by the Private Employer.
BATSOFT SA may reimburse, at the Private Employer’s request, certain objects damaged by the Employee pursuant to the depreciation tables in force in the insurance companies and in agreement with the Private Employer. The maximum amount covered is CHF 750.00 per year.
10. Cookies and internet safety
BATSOFT SA undertakes to comply with all applicable laws, enactments, regulations, orders, and standards as may be amended from time to time, in order to protect personal data and to make sure its computer systems and other software on which it can have control over, are up-to-date in terms of safety.
Insofar BATSOFT SA shares any personal data with the User, the User shall process such personal data in compliance with all applicable laws, enactments, regulations, orders, and standards as may be amended from time to time.
The User is responsible for ensuring the security of its computer systems, programs and other software within their sphere of influence. The User shall thereby ensure that all reasonable precautions are taken to ensure the security of and prevention of any corruption or loss, damage or destruction of the personal data. However, in the event BATSOFT SA’s personal data has been accessed or obtained by an unauthorized person, the User will immediately notify BATSOFT SA of any such unauthorized access and will cooperate with BATSOFT SA in taking any measures deemed necessary to mitigate against any such loss or unauthorized access. BATSOFT SA reserves the right to block the User’s access to the platform and shall be entitled to form claims for interest and damages. BATSOFT SA uses passwords and networks protected by firewalls, in conformity with the applicable norms of its field, as amended from time to time.
The platform developed by BATSOFT SA uses “cookies”. BATSOFT SA hereby informs Private Employers that a refusal of cookies usage can have bad consequences, like a malfunctioning of the platform features and services.
11. Data protection
BATSOFT SA undertakes not to transfer the personal and sensitive data contained on the platform to third parties, unless otherwise stated by law or any competent authority.
BATSOFT SA ensures that the management of personal and sensitive data complies with Swiss data protection law and undertakes to share personal data entered on the secure platform on a voluntary basis by the Private Employer or its Employee (name, address, date of birth, AHV number, civil status, work permit, etc.) only with the relevant social compensation offices and cantonal tax authorities to the extent necessary.
In particular, BATSOFT SA needs the data - and the personal and sensitive data of the Employee - in order to be able to deliver its services under the Trust Mandate (Employee declaration and insurance, as well as payment of social security contributions). By signing the Trust Mandate with BATSOFT SA, the Private Employer agree with the above-mentioned purposes and the management of their personal data. BATSOFT SA must keep the Private Employer’s data (name, address, email, telephone number, date of birth, gender, employer number and cleaning data) in order to comply with the controls of the Swiss clearing offices and to properly perform its service. Users, including Private Employers and Employees, are therefore unable to change or delete the data they provided when booking. In case of retroactive verification by one or more clearing offices, BATSOFT SA must keep the above-mentioned user data for 10 years.
However, the Private Employer may opt out from the BATSOFT SA’s newsletter at any time, by unsubscribing at the bottom of any e-mail sent by BATSOFT SA. BATSOFT SA also emphasizes that each User of the platform can be held responsible for the protection of the data they access via the platform and that Swiss data protection law applies regardless of the country in which they are located. If you have any questions regarding privacy or data protection compliance, please email firstname.lastname@example.org
The storage and use of payment data will be handled through our payment service provider Datatrans. BATSOFT SA complies by a yearly audit called PCI compliance to make sure payment data are kept private.
BATSOFT SA reserves the right to modify these SGTCs at any time. The modifications will be accessible via the website of BATSOFT SA and via email information to the Private Employer.
Should any part or provision of these SGTCs be held to be invalid or unenforceable by any competent authority having jurisdiction, the other provisions of these SGTCs shall nonetheless remain valid. In this case, the parties shall negotiate in good faith a substitute provision that best reflects the economic intentions of the parties without being unenforceable and shall execute all agreements and documents required in this connection.
14. Applicable law and place of jurisdiction
All contractual relationships between BATSOFT SA and the Private Employer shall be governed by and construed in accordance with the substantive laws of Switzerland, regardless of the Private Employer’s domicile. Any dispute, controversy or claim arising out of or in connection with these SGTCs, in particular its conclusion, interpretation, performance, breach, termination or invalidity, shall be finally settled by the competent courts of Lausanne, Switzerland, which will have exclusive jurisdiction.