Please read the General Terms & Conditions below as well as our Data Protection Policy before registering on our Patremote Marketplace.
Please read the General Terms & Conditions below as well as our Data Protection Policy before registering on our Patremote Freelancer Platform.
APPLICATION OF THESE GENERAL TERMS & CONDITIONS
Patremote is the marketplace and salary solution of PatronPay GmbH, c/o Impact Hub Zürich AG, Sihlquai 131, 8005 Zürich, (hereinafter “PatronPay”). PatronPay GmbH operates the digital platform allowing companies or individuals (hereinafter the “Principals”) and independent professional service providers (hereinafter the “Agents”) to be put in contact to agree on the conditions for carrying out projects published on Patremote by Principals or offered to Principals by Agents.
GeneralTerms and Conditions
The purpose of the General Terms and Conditions is that the user of PatronPay’s service freelancer/employee/provision-employee, hereinafter referred to as employee, is employed in a legally compliant manner. PatronPay settles with the AHV and the other social partners in a legally compliant manner. PatronPay’s employee is comprehensively socially insured via PatronPay GmbH (benefits from the collective agreements of PatronPay; KTG, UVG, BVG), and that undeclared work as well as bogus self-employment can be prevented.
The PatronPay Ltd. makes the legally compliant accounting for the order/work contract, which exists between the customer and the employee.
The customer and the employee have entered into their business relationship on their own initiative, after they have found each other either through the free of charge platform www.patremote.ch that PatronPay provides or without any cooperation of PatronPay to conclude a contract for work. PatronPay Ltd. does not know the qualifications of the employee, nor the requirements of the customer, nor does it know what work the employee performs for the customer. The employee makes the respective modalities concerning the activity, the remuneration, the liability etc. directly with the customer, these do not concern PatronPay Ltd. The customer and the employee are free to decide whether the agreements are made orally or in writing. Neither PatronPay GmbH nor the customer have a right to issue instructions to the employee, there is no subordination relationship. There is an order relationship/contract for work between the customer and the employee. For these reasons, the employee is liable to the customer for any damages analogous to a self-employed person. PatronPay GmbH can therefore neither be held liable by the employee nor by the customer and rejects any claims for liability damages..
the employee settles the own customer orders/work contracts via PatronPay GmbH legally compliant (serves the social security), and thus the customer of the employee also benefits from the following advantages: - AHV and ALV contributions are paid by PatronPay Ltd (employment contract between PatronPay Ltd and employee).
PatronPay insures the employee for KTG, UVG and BVG basis.
The employee issues the invoice to the company or client through Patremote
PatronPay provides a legally valid contract for work for both parties.
between the employee and the customer agreed is the achievement of a clear goal for a certain remuneration. Only the agreed remuneration can be confirmed by PatronPay in writing.
social insurance deductions such as AHV, ALV, IV, EO, vacation share, accident insurance, BVG etc. are already included in the remuneration agreed between the customer and the selected employee, and this remuneration agreed between the customer and the employee is settled by PatronPay.
The employee shall be obliged to comply with the legal provisions on working hours and the recording of working hours (Labor Act and the associated ordinances) as well as the provisions of any applicable CLA, because PatronPay has concluded a commission employment contract with the employee. The Employee is solely responsible for compliance with the relevant provisions. The customer may not give the employee any instructions that violate the labor law or the related regulations.
if notice periods have been agreed between the employee and the customer, these must be observed.
place of jurisdiction: The place of jurisdiction for disputes shall be Zurich, ZH.
The projects published by the Principal and agreed upon by the Agent must relate to a working time and not to the realization of a fixed-price task. Therefore, agreed upon fixed amounts must not exceed the hours calculated by amount divided with the minimum hourly rate of CHF 50.00. PatronPay provides the Agent with a timer where the working time can be controlled. However, the timer has in case of rates based on fixed, daily or monthly agreements the function of an instrument to contolle the net time. Remuneration for time worked is due to the Agent regardless of the quality or completion of the work performed. The Principal will therefore be enabled to terminate an agreement by triggering the invoice if the work at any given time is not satisfactory.
PatronPay provides its platform Patremote to connect Principals and Agents through Projects established outside or published on the Platform. Moreover, It does not intervene in any way in the management of Users’ accounts, in exchanges, discussions or in any other form whatsoever.
PatronPay also does not intervene in the content of Projects and therefore cannot be held responsible for the information published on the Platform.
In particular, PatronPay disclaims all liability for any damage arising from:
the posting of inaccurate, incomplete or out of date information;
the non-respect of the present General Terms & Conditions;
malicious comments or abuse of the Platform by third parties.
Users determine under their own responsibility the content and validity of the information they publish on the Platform. The Agents guarantee that the information contained to Principals in their proposals or to the published Projects of Principals and the Projects published by Principals are accurate, verifiable and faithful to what is proposed. Users shall refrain from proposing or placing any Offer or any Project that would be a source of confusion with the identity, services or products of a third party, that would infringe any intellectual property right belonging to a third party (copyright, trademark, designs, etc.) and/or the reputation of a third party and/or whose content would be obscene, discriminatory, racist, xenophobic, contrary to good morals or rules of courtesy and good manners.
PatronPay reserves the right to refuse or withdraw, temporarily or permanently, any Project and any Proposal whose content does not comply with the above-mentioned conditions, without having to give any notice or to pay any compensation.
Registration on Patremote
Any Internet user, natural or legal person who wishes to propose projects or offer his services must create an account on Patremote. The Internet User must be at least 18 years of age and be legally capable of contracting and using the Platform in accordance with these General Terms & Conditions.
Access to the account is protected by a login and a confidential password chosen by the User when registering on the Platform.
The information provided at the time of registration must be accurate, otherwise the account may be closed and the User may not be able to open an account on the Platform again.
PatronPay expressly reserves the right to close any User account that does not correspond to the Platform’s criteria for use, in particular if the conditions for the minimum amount provided by collective bargaining Agreement in Switzerland cannot be met.
PatronPay may communicate any information relating to changes or new functions that have a direct impact on the Platform, via Users’ e-mail addresses.
The Intellectual Property disclosure will inform users that the contents, logo and other visual media you created is your property and is protected by copyright laws.
A Termination clause will inform that users’ accounts on your website and mobile app or users’ access to your website and mobile (if users can’t have an account with you) can be terminated in case of abuses or at your sole discretion.
A Governing Law will inform users which laws govern the agreement. This should the country in which your company is headquartered or the country from which you operate your website and mobile app.
Links To Other Web Sites clause will inform users that you are not responsible for any third party websites that you link to. This kind of clause will generally inform users that they are responsible for reading and agreeing (or disagreeing) with the Terms and Conditions or Privacy Policies of these third parties.
If your website or mobile app allows users to create content and make that content public to other users, a Content section will inform users that they own the rights to the content they have created. The “Content” clause usually mentions that users must give you (the website or mobile app developer) a license so that you can share this content on your website/mobile app and to make it available to other users.
Because the content created by users is public to other users, a DMCA notice clause (or Copyright Infringement ) section is helpful to inform users and copyright authors that, if any content is found to be a copyright infringement, you will respond to any DMCA takedown notices received and you will take down the content.
A Limit What Users Can Do clause can inform users that by agreeing to use your service, they’re also agreeing to not do certain things. This can be part of a very long and thorough list in your Terms and Conditions agreements so as to encompass the most amount of negative uses.