GENERAL TERMS & CONDITIONS
Please read the General Terms & Conditions below as well as our Data Protection Policy before registering on our SFM – Switzerland Freelance Marketplace, which can be accessed at the URL: https://www.switzerland-freelance.ch.
APPLICATION OF THESE GENERAL TERMS & CONDITIONS
SPS – Switzerland Payroll Services SA, whose registered office is at CH – 1020 Renens (hereinafter “SPS”) operates the internet platform SFM-Switzerland Freelance Marketplace https://www.switzerland-freelance.ch, (hereinafter “SFM”) allowing companies or individuals (hereinafter the “Companies”) and independent professional service providers (hereinafter the “Freelancers”) to be put in contact to agree on the conditions for carrying out projects published on SFM by the Companies.
SPS holds the federal and cantonal authorizations for Service Rentals in accordance with the Law on Employment Services (LSE).
Contrary to other platforms of this type, SFM is reserved for Freelancers and Companies who confirm at the time of their registration that in case of agreement on the realization of a project, the Freelancer will be managed on a wage portage (also sometimes mentioned as salary hosting) basis by SPS, which will thus become its employer for the duration of the agreed project (hereafter the “Assignment”). SPS and the Freelancer will sign an Assignment Contract, SPS and the Company will sign a Service Rental Agreement. The Freelancer will receive a salary and the Company will receive an invoice from SPS at the end of the month and/or at the end of the Assignment.
Since wage portage is considered temporary work, the Collective Bargaining Agreement (CBA) for the Rental of Services applies. Consequently, the salary corresponding to the proposed daily rate cannot be less than the minimum provided for by the CBA; SFM has therefore set at CHF 320.- the minimum daily rate that can be offered by a Freelancer.
Detailed information on wage portage can be found on the SPS website: https://www.switzerland-payroll.ch.
Interested users apply online on SFM by indicating the category or categories chosen among the 14 proposed. The data entered is verified and the application may be validated by SPS. SPS reserves the right to reject an application without giving any reason for it.
Registered Companies may publish a project online. The project data is verified and if the project is eligible for a wage portage of the Freelance sought, it is validated by SPS.
The projects published by the Companies and agreed with the Freelancers must imperatively relate to a working time and not to the realization of a fixed-price task. Remuneration for time worked is due to the Freelancer regardless of the quality or completion of the work performed. The Company will therefore be vigilant to quickly terminate a relationship that is not satisfactory.
For the purposes of these Terms & Conditions :
NO RESPONSIBILITY OF SPS
SFM aims to connect Freelancers and Companies through Projects published on the Platform. SPS does not intervene in any way in the management of Users’ accounts, in exchanges, discussions or in any other form whatsoever.
SPS also does not intervene in the content of Projects and therefore cannot be held responsible for the information published on the Platform.
In particular, SPS disclaims all liability for any damage arising from :
REGISTRATION ON SFM
Any Internet user, natural or legal person who wishes to propose projects or offer his services must create an account on SFM.
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.
SPS 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 wage portage in Switzerland cannot be met.
SPS may communicate any information relating to changes or new functions that have a direct impact on the Platform, via Users’ e-mail addresses.
Project and corresponding assignment
After publishing a Project, the Company will receive proposals from Freelancers to execute the Project.
If an agreement is reached on the terms of the Project, SPS will contact the Freelancer and the Company to finalize the corresponding Wage Portage Contracts, the Assignment Contract and the Service Rental Contract.
The Company will validate the time worked according to a schedule agreed in advance, either daily, weekly or monthly and at the end of the assignment.
The Freelancer will receive the corresponding salary after the validation by the Company of the time worked. For assignments with high salaries that are not subject to the Swiss Collective Labor Agreement for Service Rentals, the salary is paid no later than 2 days after payment of the invoice by the Company.
Payment is made by bank transfer to the account indicated by the Freelancer in his registration with SPS.
The use of the Platform is free of charge, but in case of an agreement on a project and therefore the wage portage of the Freelancer, a 5% management fee is charged by SPS on all amounts invoiced to the Company.
LITIGATION AND DISPUTES
In the event of a dispute prior to the conclusion of the wage portage contracts, SPS may intervene to try to propose a solution to the parties if it deems it necessary.
As soon as the wage portage contracts are concluded and signed, the Framework Contract and the General Conditions of SPS apply, as well as the Swiss Labor Law and the Law on Employment Services (LSE).
If the parties are unable to resolve their dispute amicably, they may have their dispute settled before the competent courts of law.
MODIFICATION OF THE GENERAL TERMS & CONDITIONS
SPS reserves the right to make changes to these General Terms & Conditions.
SPS will inform the User of the modifications made to the present General Terms & Conditions as soon as they are posted on the SFM Platform.
If the User does not agree to the new General Terms & Conditions, the User has a period of 10 working days from the date of notification to inform SPS by e-mail.
In the event that the User has not notified SPS of his disagreement within the period provided for above, he will be deemed to have accepted the changes.
The content of the Platform, its architecture, the elements of the graphic charter and, in general, all elements present or constituting these remain the exclusive property of SPS. This content may therefore not be used or reproduced in any form whatsoever without the prior written consent of SPS.
The Internet User, the Freelancer or the Company shall not be able to invoke the liability of SPS in the event of force majeure, acts of God or third-party acts which have prevented, delayed or made more expensive the execution of a Project. In particular, the following are considered to be cases of force majeure: natural disasters, strikes or social conflicts, wars and riots, Internet or electricity network failures, computer hacking, as well as any event that can be reasonably considered to be beyond the control of SPS.
Users determine alone and under their own responsibility the content and validity of the information they wish to see included on the Platform. The Freelancers guarantee that the information contained in their proposals to the published Projects and the Projects published by the Companies 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.
SPS 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.
Please refer to the ‘SFM-Switzerland Freelance Marketplace Privacy Principles’ document available on the website.
The exclusive applicable law is Swiss law.