GENERAL TERMS AND CONDITIONS FOR INDIVIDUALS
ARTICLE 1 – PURPOSE OF THE CONTRACT
The contract aims to define the terms under which the Service Provider commits to ensure weekly and monthly cleaning for its clients, under the conditions detailed below, especially in the frequency schedule, which is an integral part of the maintenance cleaning contract for individuals (mandatory), including the key handover (optional) and the Checklist (optional).
Maintenance cleaning subscriptions for individuals, with a minimum duration of 12 months, take effect upon the signing of the maintenance cleaning contract for individuals.
The Service Provider is obligated to achieve the agreed result concerning the performance described in the maintenance cleaning contract for individuals, as well as in the Checklist, particularly regarding service quality, frequencies, schedules, and rates.
Maintenance cleaning contracts for individuals: type of subscription, contract duration, and termination notice:
- SUPREME / PROMAX or STANDARD * / from 20 hours per month: Minimum 12-month contract with a 3-month termination notice.
- FAMILY / PROMAX or STANDARD * / from 16 hours per month: Minimum 12-month contract with a 3-month termination notice.
- CONFORT / PROMAX or STANDARD * / from 12 hours per month: Minimum 12-month contract with a 3-month termination notice.
- PREMIUM / PROMAX or STANDARD * / from 8 hours per month: Minimum 12-month contract with a 3-month termination notice.
- LIBERTY hourly rate / PROMAX or STANDARD * / subject to availability: No minimum duration or termination notice.
- PROMAX: Individual maintenance cleaning service, including equipment, professional cleaning products, and consumables.
- STANDARD: Individual maintenance cleaning service without equipment, professional cleaning products, and consumables.
The Service Provider must comply with the checklist, the hourly reports every quarter (every 3 months), interim payments (if exceeding contracted hours), and the general conditions stipulated in the contract (individual maintenance cleaning contract).
Both the Service Provider and the Client commit to the following terms as per the individual maintenance cleaning contract:
- Checklist: The Service Provider commits to follow the task checklist.
- Hourly reports: The Service Provider will provide quarterly reports on the hours worked (every 3 months).
- Hours in favor of the Service Provider: If contracted hours are exceeded, the additional hours will be recorded and billed in the relevant quarter.
- Hours in favor of the Client: Unused hours can be applied to cleaning and maintenance services during the contract period.
- General conditions: Both the Service Provider and the Client agree to abide by the General Conditions set forth in the contract (individual maintenance cleaning contract).
The standby service during the company’s vacation period is a priority for clients who have subscribed to a service and signed a contract (individual maintenance cleaning contract).
ARTICLE 2 – QUALITY OF SERVICE
2.1. The Service Provider commits to delivering satisfactory service quality based on the following three criteria: Appearance, Comfort, and Hygiene.
2.1.1. Appearance
In general, appearance refers to the external look of a person or thing as perceived by the eye.
In cleaning services, appearance represents the first visual impression of cleanliness and tidiness.
2.1.2. Comfort
Comfort encompasses the factors that contribute to a feeling of well-being.
In cleaning services, comfort is evaluated based on the following factors:
- Appearance (as highlighted due to its importance in the previous section),
- Sensory perceptions: olfactory (smell) and tactile (touch),
- Safety.
Regarding olfactory perceptions, services should eliminate unpleasant odors caused by various types of dirt through the use of appropriate products.
In terms of safety, techniques and products used for cleaning floors must be selected to ensure that no slippery surfaces pose a danger to users, and that they do not increase the risk of fires.
2.1.3. Hygiene
Hygiene refers to the set of practices and principles aimed at preserving health.
In cleaning services, hygiene is based on the sanitation of both surfaces and ambient environments.
2.2 General Provisions
The work will be carried out under the direct responsibility of the Service Provider, who will delegate a manager for this purpose.
The Service Provider may use water and electricity necessary for the work at no cost to them.
The choice and quality of the equipment to be used (as per the household maintenance cleaning contract) are at the sole discretion of the Service Provider.
The work will be performed according to the frequency schedule outlined in Title I – (household maintenance cleaning contract).
2.3 Compliance with Regulations
The equipment and products used by the Service Provider must be of excellent quality and must in no way cause damage to the equipment and installations of the Beneficiary.
They must comply with current regulations regarding hygiene, safety, and the environment, particularly in terms of waste recovery and disposal. Specifically, the cleaning products used must comply with the regulations; any special products used for specific treatments that do not meet standards must be disposed of by the Service Provider.
Generally, in the course of its services, the Service Provider is solely responsible for ensuring compliance with laws and regulations established by the relevant authorities, so that the Beneficiary cannot be held liable in any way.
The Service Provider agrees to indemnify and hold the Beneficiary harmless if the latter is implicated due to the Service Provider’s failure to fulfill its obligations.
ARTICLE 3 – SERVICE PROVIDER’S PERSONNEL
The personnel assigned to work on the premises under this agreement will be selected by the Service Provider, who remains solely responsible for the actions of its employees, including any criminal acts they may commit.
The Service Provider commits to hiring only individuals with excellent moral standing.
The Beneficiary reserves the right to demand the immediate replacement of any employee whose behavior is deemed unsatisfactory, particularly due to incompetence, negligence, professional misconduct, disrespect towards clients, or failure to comply with internal regulations or safety instructions.
In such cases, the issues will be formally communicated in writing by the Beneficiary to the Service Provider.
The Service Provider’s personnel will be equipped with appropriate tools and equipment provided by the Service Provider for the execution of their tasks.
The Service Provider’s personnel must maintain impeccable appearance.
For services performed during the day, their uniform must allow for easy identification as employees of the company.
The Service Provider’s personnel will remain its employees at all times, and the Service Provider is responsible for handling all social obligations as required by applicable legislation.
ARTICLE 4 – PRICING – BILLING – ADJUSTMENT
4.1. Pricing
The Service Provider agrees to carry out the services at the hourly rate or monthly subscription specified in the Beneficiary’s contract for cleaning services.
The prices quoted are exclusive of tax and include labor, equipment, and necessary products for proper execution of the services. However, water, lighting, and electricity are to be provided free of charge by the Beneficiary.
The prices also include insurance covering the Service Provider’s liability for any material or bodily accidents that may occur during the service, as defined in the article “LIABILITY – INSURANCE.” If services are not carried out on-site, the corresponding services will not be billed for the corresponding period.
4.2. Billing & Reminder Notices
Invoices will be sent by the Service Provider to the Beneficiary at the end of each month via email. They will be addressed to the company specified in the billing section, article 12.
Payment must be made within 10 days from the invoice date.
If the invoice is not paid within this 10-day period, each reminder notice will be charged additionally to the Beneficiary. The cost for each reminder is CHF 40.00.
As a final measure, legal proceedings for debt recovery may be initiated at the Beneficiary’s expense.
4.3. Exceptional Cases
4.3.1. Any additional service not specified in the standard terms of service will require a specific request from the Beneficiary.
4.3.2. Any temporary modification to the areas to be cleaned (e.g., due to renovations) will result in a one-time adjustment.
4.3.3. Any missed or non-respected appointment (according to the schedule) will be billed*.
- 4.3.3.A. If you need to cancel or change the date or time of your appointment, please notify us in writing (email) 48 hours in advance*.
- 4.3.3.B. In case of illness or accident, please notify us by email and provide proof as soon as possible*.
- 4.3.3.C. Cancellations made less than 48 hours in advance will be charged the full value of the service*.
This penalty applies exclusively if the Beneficiary fails to comply with points 4.3.3.A and 4.3.3.B.
4.4. Price Adjustment
The hourly rate or subscription is valid until the expiration of the Beneficiary’s cleaning service contract.
Afterward, the rate may be revised jointly between the Service Provider and the Beneficiary once a year for the following year.
The newly negotiated rates will be reflected in an amendment to the cleaning service contract.
Until notice expires, the applicable rates will be those previously in force.
If no agreement is reached within one month of the parties’ meeting, the contract will continue under the same terms and conditions, including pricing. However, either party may then terminate the contract unilaterally without compensation, provided three months’ notice is given by registered mail with acknowledgment of receipt.
No notice is required for changes to the “LIBERTY” hourly rate.
ARTICLE 5 – LIABILITY – INSURANCE
ARTICLE 6 – CONTRACT COMMENCEMENT – DURATION – TERMINATION CONDITIONS
ARTICLE 7 – SUBCONTRACTING
The Service Provider is strictly prohibited from subcontracting the services covered by this contract to any third party, whether an individual or an entity, for any reason.
Failure to comply with this essential clause will allow the Beneficiary to terminate the residential cleaning service contract without any compensation or notice.
This contract has been established with specific regard to the person managing the Service Provider’s company. Should this individual leave the company, change positions, or engage in other activities within the company, the Service Provider is obligated to notify the Beneficiary by registered mail with acknowledgment of receipt. The Beneficiary must give explicit consent for the continuation of the services; otherwise, the contract will be immediately void. This provision also applies in the event of any change in the Service Provider’s capital structure, regardless of its scale or nature.
ARTICLE 8 – INFORMATION
The Service Provider commits to providing the Beneficiary with all relevant information. This includes not only information arising from legal, regulatory, or normative obligations but also any information that may be of interest within the context of the relationship between the Service Provider and the Beneficiary.
ARTICLE 9 – CONFIDENTIALITY
The Service Provider commits to not disclosing any information they may become aware of during their activities with the client to any third parties.
ARTICLE 10 – ÉLECTION DE DOMICILE
For the application of these terms and any related matters, each party elects a respective domicile. The addresses are specified in the heading of the cleaning and maintenance contract; each party must notify the other of any address change.
ARTICLE 11 – JURISDICTION
In the event of a dispute concerning the execution or interpretation of this contract, only the court located at the defendant’s registered office will have jurisdiction.
ARTICLE 12 – INVOICING
If a contract or subscription is concluded, invoicing will be done on the 20th of each month, by email, using the e-invoice solution. You will receive your invoices electronically for free. Otherwise, any processing and mailing fees will be borne by the client. Our invoices will be made out to Ménage à domicile Sàrl, located at Les Troncs 1, 1724 Le Mouret. Payment of all invoices will be due within 10 days from the date of invoicing.
ARTICLE 13 – OUR RATES INCLUDE
Our rates include the salaries and 13th-month payments of the employees, social charges (FER CIFA), vacation, illness, and accident replacements, personnel management, professional civil liability, and memberships in the following organizations:
- CPPREN – Professional Joint Commission for Cleaning (Romandie)
- FREN – Swiss Federation of Cleaning Entrepreneurs (Romandie)
- SREN – Swiss Cleaning Companies Solution (Romandie)
- CPPFN – Professional Joint Commission for Cleaning (Fribourg)
- SYNA – Swiss Trade Union of the Cleaning Sector.
ARTICLE 14 – OUR PRICES
- Currency and VAT:
All our prices are quoted in CHF (Swiss francs). VAT of 7.7% is not included in these prices. From January 1, 2024, the VAT rate will be adjusted to 8.1%. - Price Modifications:
The prices shown are indicative and may be changed at any time, without notice, unless there is an existing cleaning and maintenance contract for individuals. - Conditions for Modification:
If there is an existing cleaning and maintenance contract for individuals, the prices will remain fixed according to the terms of the contract, unless a price revision is agreed upon in accordance with the contract’s provisions.
ARTICLE 15 – MODIFICATIONS
Ménage à domicile Sàrl reserves the right to modify these general terms and conditions at any time. Any modifications will be made available on our website.
ARTICLE 16 – FORUM AND APPLICABLE LAW
All contractual relationships are governed by Swiss law. Any disputes arising in connection with this contract will, if possible, be resolved amicably. If an amicable solution proves impossible, the parties agree to submit to the exclusive jurisdiction of the courts at the location of the provider’s registered office and to extend their jurisdiction accordingly.
GENERAL TERMS AND CONDITIONS FOR PROFESSIONALS
ARTICLE 1 – OBJECT OF THE CONTRACT
The purpose of this contract is to define the terms under which the Provider commits to ensuring the weekly and monthly cleaning services for the client, as specified below, including the frequency grid, which forms an integral part of the cleaning and maintenance contract for professionals (mandatory), and optionally the key release and the checklist.
The cleaning and maintenance subscriptions for professionals have a minimum duration of 12 months and take effect upon signing the cleaning and maintenance contract for professionals.
The Provider will be bound by an obligation of results concerning the execution of the services described in the cleaning and maintenance contract for professionals, as well as in the checklist, particularly regarding service levels, frequencies, timings, and rates.
Types of Cleaning Maintenance Contracts for Professionals:
- BURONET / PROMAX or STANDARD subscriptions * (from 2 to 25 hours per month): Contract duration of at least 12 months with a 3-month notice period.
- BATINET / PROMAX or STANDARD subscriptions * (from 2 to 25 hours per month): Contract duration of at least 12 months with a 3-month notice period.
PROMAX : Cleaning and maintenance service for professionals, including devices, professional cleaning products, and consumables.
STANDARD : Cleaning and maintenance service for professionals, excluding devices, professional cleaning products, and consumables.
The Provider must comply with the checklist, hour counts, every quarter (every 3 months), interim invoices (if hours exceed the contractual limit), and the general conditions (Title II) stipulated in the contract (cleaning and maintenance contract for professionals).
Emergency service during company vacation periods is a priority for clients who have subscribed to a service plan (Title II) in the contract (cleaning and maintenance contract for professionals).
ARTICLE 2 – SERVICE DEFINITION
ARTICLE 4 – PRICING – INVOICING – REVISION
4.1. Pricing
The Provider commits to performing the services at the hourly rate specified in Article 7.
The prices quoted exclude taxes and include labor, equipment, and necessary products for the successful completion of the work. However, water, lighting, and electricity will be supplied free of charge by the Beneficiary.
The prices also include insurance covering the Provider’s liability for any material or bodily accidents that may occur during the service, as defined in the “LIABILITY – INSURANCE” section.
Failure to perform work on the premises will result in the non-invoicing of the corresponding services for the relevant period.
4.2. Invoicing
Invoices will be issued by the Provider to the Beneficiary at the end of each month. They will be made out to the company as defined in the invoicing section of TITLE II of this agreement.
Payment is due within 10 days from the invoice date.
4.3. Exceptional Cases
Any additional services not covered by the standard specifications will require specific requests from the Beneficiary.
Temporary changes to the cleaning areas (due to construction, for example) will result in a one-time price adjustment.
4.4. Price Revision
The hourly rate for services is applicable until the contract’s expiration.
Afterward, it may be reviewed jointly by the Provider and Beneficiary once per year for the following year.
Newly negotiated rates will be formalized through an addendum to the contract.
If no agreement is reached within one month from the meeting between the parties, the contract will continue under the same terms and conditions, including the pricing.
However, either party may unilaterally terminate the contract without compensation by giving three months’ notice via registered letter with acknowledgment of receipt.
Until the notice period expires, the applicable rates will remain those previously in force.
ARTICLE 5 – LIABILITY – INSURANCE
ARTICLE 6 – CONTRACT COMMENCEMENT – DURATION – TERMINATION CONDITIONS
ARTICLE 7 – SUBCONTRACTING
ARTICLE 12 – SNOW-COVERED SIDEWALK
During weekly services, snow must be removed from the sidewalk. The snow should be piled along the edge of the sidewalk, not in the gutter, to allow water to continue to flow. In areas where snow and/or ice has been cleared, de-icing salt must be spread, which will be provided by the Beneficiary.
Outside of the weekly services, in the event of snow, the treatment described above will be performed at the Beneficiary’s discretion.
ARTICLE 13 – SCHEDULES
Weekly services will have a time limit set by the Beneficiary.
Before the start of the service, the Provider must present the service sheet (Appendix 1) to the Beneficiary or their representative for signature.
ARTICLE 14 – MISCONDUCT – STAFF REPLACEMENT
In the event of theft, attempted theft, misconduct, or any other wrongful act by one of the Provider’s employees that negatively impacts the Beneficiary’s interests, regardless of the severity, the Provider agrees to replace the concerned employee for future services upon the Beneficiary’s written request.