SwissJobber is operated by Jobber Univers Routhier, a Sole Proprietorship with its headquarters located at Morgartenring 70, 4054 Basel, Switzerland (hereinafter “Swissjobber” or the “Company”), registered under the number CHE-277.285.318, under the domain names swissjobber.ch, swissjobber.com, baseljobber.ch, bernjobber.ch, and any other domain name that redirects to Swissjobber.ch (hereinafter the “Website”).
These General Terms and Conditions govern access to and use of the Website, as well as its associated features and services. By using the Website, you agree to these T&Cs, our code of conduct, and our Privacy and Cookie Policy. If you do not accept these T&Cs, you may not use the Website.
1. Introduction
SwissJobber facilitates the connection between individuals, businesses, and jobbers for the provision of services but is neither a recruiter, employer, nor a temporary employment agency. Members are free to connect and choose job listings or Jobber profiles that interest them. SwissJobber does not intervene in the provision of services, and members can withdraw their listings at any time.
2. Definitions
“Service Provider or Jobber”: an independent provider or a legal entity registered on the Website, acting on its behalf and for its account, seeking to be contacted by an Advertiser or responding to a request from a Client to provide services of all kinds.
“Poster/Client”: a private or professional user registered on the Website, acting on their behalf and for their account, looking for a Service Provider to perform a service and posting one or several task listings on the Platform or contacting the Service Provider directly.
“Job”: subject of a service request as mentioned in a task listing published on the Platform by an Advertiser.
“Listing”: includes the data contained in the service request listings published on the Website by the Poster for Service Providers.
“Service Provider or Jobber Profile”: includes data in the service offer listings published on the Website by Jobbers for Clients.
“Service”: refers to the service provided by Swissjobber ordered by the Client following their Job Listing.
“Service”: refers to services only accessible to Members registered on the Website.
“Member or User”: internet user registered on the Website, who can act as a Client, Service Provider, or both separately.
3. Access to the Website
3.1 The Website is freely and anonymously accessible to all internet users. However, access to the Website’s Listings is reserved exclusively for Users who have registered a Jobber or Client account, with some services being free and others paid.
3.2 All internet users must have internet access obtained by any means from the provider of their choice and be at least 18 years old. Internet users acknowledge that they are responsible for obtaining the computer tools and internet access required to use this Website and bear the costs thereof.
3.3 Any computer means used to access the Website is under the personal responsibility of the internet user, who must take all necessary measures and means to ensure the security of their computer tools and the data stored on them, especially to avoid any risk of contamination by viruses and any risk of intrusion by third parties.
3.4 The Company implements the technical solutions at its disposal to provide access to the Site continuously and optimally with a minimum availability rate of 90%. The user acknowledges that, concerning access to the Site, the reliability of transmissions is uncertain due to, among other things, the heterogeneous nature of the infrastructures and networks through which they circulate. Specifically, breakdowns or saturations can occur, leading to temporary interruptions of the Site. The Company cannot be held responsible for these interruptions, especially considering that it commits to making its best efforts to limit interruptions within its control. The user recognizes and accepts that the Company may freely, without compensation or notice, temporarily make all or part of the Site unavailable, for updates, site improvements, server modifications, or any other action deemed necessary for the Site’s proper functioning.
3.5 Similarly, the Company cannot be held responsible if the Site malfunctions due to the user’s computer equipment or internet connection.
4. Registration and Account Deletion
4.1 Registration
Users can freely browse the Site and access public content without an account but will not be able to benefit from all the Site Services. To access the Site’s services, the user must register. To do this, the user must certify being at least 18 years old, fill out the registration form, and accept these general terms and conditions. Account creation is free and allows the creation of either a Client or Jobber account. The Member certifies that the provided information is accurate. If this information changes, the Member commits to updating it promptly. The Member agrees to provide the Company or the payment provider any document requested by either party as soon as possible, concerning combating undeclared work, tax fraud, legal obligations for transparency (KYC “Know Your Customer”), anti-money laundering measures, and the fight against terrorism financing.
4.2 Deletion of a Jobber or Client account
A User can delete their account at any time by clicking on the “Delete Account” button in their personal space settings. This action leads to the immediate and automatic deletion of the User’s account, including their “Jobber/Provider” and “Client/Poster” profiles. Any User can delete their account at any given time, provided they first fulfill their obligations, such as completing a Service, paying publishing fees, or finalizing a transaction between a task provider and a performer.
Account deletion can also be requested from the Company by mail or email, providing proof of account ownership.
5. Use of Services and Listings
5.1 Use of Services
The Services include the ability to post Announcements or to respond to them, as well as the capability to communicate between Jobber and Client directly via the platform’s messaging system. However, some services require a prior subscription:
To access the Site, the Jobber must pay a subscription fee, the amount of which will be arbitrarily set by Swissjobber and will be clearly identified before any subscription purchase. Swissjobber reserves the right to offer any promotions they deem appropriate and to unilaterally define the conditions for granting these promotions. For instance, Swissjobber may provide Jobbers with promotional codes to reduce the registration cost. In particular, Swissjobber will call upon influencers who will offer a promo code allowing the Jobber to benefit from the first month for free.
The Jobber can only post up to 3 service announcements at a time, regardless of the category. The Jobber can delete an announcement at any time to post a new one.
It should be noted that a Jobber who does not pay their subscription can have their account temporarily blocked until regularization. Any blockage will be notified by SwissJobber.
Any unblocking request to SwissJobber can be made after paying the subscription.
5.2 Announcements
When posting Announcements via the “post a request” form, the Client commits to providing all necessary information including:
The description of the Service
An estimated price
An estimated duration of the desired Service
Identification of the requesting party
The location where the Service will be performed
Required qualities for the Service
Any other legal and useful information depending on the type of Service requested
The Client may invite a particular Service Provider profile to bid on their project. The Service Provider can then accept or decline.
SwissJobber strongly recommends that the Poster verify the Jobber’s qualifications before finalizing their choice for a Service, particularly ensuring the Jobber is of legal age, is qualified, and has proper insurance.
Clients must only post Announcements for legitimate searches for Services that are not contrary to current legislation or public decency.
Any Announcement violating the General Conditions will be deleted by SwissJobber.
6. Execution of a Service
6.1 Response to Announcements and negotiations
To apply for an Announcement, any Jobber can respond directly by clicking on “make an offer”. Jobbers who apply for an offer certify they have the technical and temporal capacity to respond. Jobbers provide clear and accurate information about their project to the Client and pledge not to mislead them based on the legal duty of pre-contractual information.
The Client can also select a Jobber directly via the “Services” section and book through the Jobber’s availability calendar.
Within 24 hours of validation by the Client, SwissJobber acknowledges this by sending a notification email to both parties. However, SwissJobber is not responsible for non-receipt of this email due to incorrect or outdated email addresses. It’s up to the Client and the Jobber to keep their email addresses updated.
6.2 Contacting Jobbers
A Client can contact a Jobber directly using the site’s search function. The Client can directly negotiate with a Jobber without posting an Announcement. The terms of mutual respect remain the same. The booking methods for the Jobber are the same as in article 6.1.
6.3 Execution of the Services
Once the Client and the Jobber have agreed on the Service’s execution, the Service Provider sends a quote through the site’s billing service. Only the Service Provider is responsible for sending the contract governing the parties’ relationship. Once the quote is validated, the Client must pay the requested sum. This amount is placed in an escrow account and released 24 hours after the Service if there are no disputes. Only the Service Provider is responsible for the Service’s execution. SwissJobber, as a matchmaking service, cannot be held responsible for the Services conducted on its platform.
6.4 Payment for Services
Once the Service Provider completes the Service, they indicate its completion on their dashboard.
If there’s no dispute within 24 hours after the Service, the Jobber can request the final payment. SwissJobber will then make the payment within 7 days. It’s important to note that payment times may vary depending on the payment provider. SwissJobber is not responsible for payment provider delays.
Payments can only be made if the Service Provider has provided all their legal information to the payment provider. SwissJobber will automatically deduct a 16% service fee from the Service Provider’s invoice.
7. Job Cancellation
7.1 Users commit to respecting the agreements made between them. Therefore, Users should not cancel their commitment without a valid reason, depending on the circumstances.
7.2 Under no circumstances does SwissJobber become part of the contractual relationship between the Jobber and the Client. Any job cancellation should be managed between them. However, for good administration purposes, SwissJobber recommends the following solutions to Members:
7.2 If a Client cancels more than 24 hours before the start of the Service: if, after choosing and validating a Jobber to meet one of their needs, the Client wishes to forego the service more than 24 hours before its start, they must cancel the job from their dashboard, thereby notifying the Jobber. Canceling the Job will have no consequences between the Members, and SwissJobber is authorized to return the funds already paid to the Client, except for payment provider transaction fees. The Client will be refunded within a maximum of 14 days following the cancellation. However, the Client commits not to cancel too many Services. In case of excessive cancellations, SwissJobber reserves the right to ban the Client from the site.
7.2 If a Client cancels less than 24 hours before the start of the Service, 40% of the amount paid by the Client will be retained; of which 20% will go to the Jobber affected by this late cancellation and 20% to SwissJobber for management fees. The Client will be refunded within a maximum of 14 days after the cancellation, less the aforementioned amounts (i.e., 40%).
7.3 If the Service is canceled by the Service Provider, they will be informed that their account may be suspended in case of recurrence. Funds paid will be returned to the Client after deducting the payment provider’s transaction fees.
7.4 A User can open a dispute against the other Party if they feel wronged or abused. A Site Administrator will then contact both parties, taking into account the evidence provided to amicably resolve the issue, in accordance with Article 10. A dispute can be initiated using the contact form at contact@swissjobber.ch.
8. Payment Method
When using the Site, the Service Provider and the Client agree to use the payment service provided by the payment provider, Stripe (https://stripe.com). This ensures Service Providers that funds have been set aside and assures the Client that the Service Provider will only receive the funds after validation of the Service. Members directly contract with Stripe for this escrow payment system. You can find the general terms and conditions by clicking here.
Since SwissJobber enables payments via Stripe, Members agree to provide accurate and complete information about themselves and authorize SwissJobber to share this information, as well as details about transactions carried out using the payment solution provided by Stripe. Stripe’s general terms and conditions are available at: https://stripe.com/fr/privacy.
9. Display, Evaluation, and Recommendation
9.1 Profile Display
Users can search for profiles directly via the search tab on the website. All searches can be refined using various criteria (location, language, hourly rate, etc.). However, displayed profiles are arranged in a random order without any specific rule. SwissJobber does not guarantee that the most qualified Jobbers will appear first. It’s up to the Client to choose the most qualified Jobber for the task.
9.2 Performance Evaluations
To ensure the most relevant selection of Jobbers, a method of appreciation and assessment has been established. After a task is completed, Clients can evaluate their collaboration with the Jobber by writing a comment and assigning a rating from one (1) to five (5) stars. These evaluations cover various aspects like professionalism, work quality, time management, quality of interactions, and the service in general.
No compensation is provided in exchange for these evaluations. However, the Client acknowledges their utility for the platform’s functioning and the Jobber’s ranking. Thus, the Client commits to making their best effort to complete these evaluations.
Clients should refrain from using offensive or defamatory language towards a Jobber in case of disagreement or dispute. Breaking these rules might lead to a warning or removal from the site. If a Jobber believes they are a victim of a malicious rating, they can alert SwissJobber, who will take necessary measures.
Evaluations, including comments and ratings, are displayed on the Jobber’s profile and might appear in search results on the site. Evaluations are published under the pseudonym chosen by the Client when creating their account. Jobbers should not disclose any personal data they might be privy to.
Evaluations remain accessible on the site as long as the related user is listed there, with a maximum duration of 5 years.
Evaluations reflect the user’s opinion, not SwissJobber’s. Users commit to publishing relevant and understandable evaluations to assist other users in comparing and selecting the best profile based on objective criteria (response speed, work quality compared to commitments, value for money, etc.). Once validated by the user, evaluations and comments cannot be modified. Manipulating the evaluation system, for instance by asking someone to write a positive or negative review about another user, is strictly forbidden and will lead to immediate exclusion.
Evaluations aren’t subject to prior validation or verification. Nevertheless, SwissJobber reserves the right to remove, at its discretion, any comment, rating, or evaluation that breaches this article’s provisions, the general terms, SwissJobber’s code of conduct, or Swiss law.
Failure to abide by these rules can result in comment or review removal by the company. These rules include prohibiting infringement on the right to privacy, defamation, violation of current laws and regulations, posting racist or sexist comments, inciting criminal offenses, violating intellectual property rights or any third-party rights, posting misleading or fraudulent comments, advertising, or mentioning personal data like email addresses, phone numbers, websites, or hyperlinks. Furthermore, comments shouldn’t contain computer viruses.
Users accept that SwissJobber reserves the right to delete all or part of the posted comments that don’t adhere to the aforementioned rules. In such cases, the company commits to inform the user about the reasons behind the removal of the concerned comments. This action helps the company maintain an online environment that is respectful and compliant with established standards while safeguarding all users’ rights and well-being.
Any user can report to the company, free of charge, a comment or review that seems dubious, violates their rights, or contradicts these General Terms. They can contact the company at contact@swissjobber.com. The flagged comment or review will be temporarily unpublished from the site while the company conducts verification. This means the comment or review won’t be visible on the site until the company reviews the complaint and decides if it should be permanently removed or can be republished. This verification process is a precautionary measure to prevent the dissemination of potentially harmful or inappropriate comments or reviews.
10. Disputes
10.1 Initiating a Dispute
In the event that the Service was not performed, was only partially performed, does not match in terms of quality, quantity, or otherwise, the requested Service, or in any other difficulty between Members, members can initiate a dispute with Swissjobber to try and find an amicable resolution through Swissjobber’s intervention.
Initiating a dispute holds the payment until the Client and the Jobber come to an amicable solution.
10.2 Dispute Resolution
Swissjobber will attempt to bring the Members together to find an amicable solution or will propose a fair solution for the Members.
However, Swissjobber’s liability cannot be invoked in this regard. Swissjobber acts voluntarily and amicably.
If after 3 months the Members have not found an amicable solution, the payment will be made in full to the Provider unless the Service was not performed at all. In that case, the payment will be made to the Client.
It is up to each Member to take the matter to the competent courts if they feel wronged, without Swissjobber being held responsible.
11. Liability
11.1 Liability of Swissjobber
As a host of ads published by its users, Swissjobber is not responsible for the content of these ads. Swissjobber will do its best to moderate the ads. Moreover, Swissjobber encourages internet users and its Members to report any possible abuse on the Site via the email address contact@swissjobber.com.
Members who feel that content published on the Site by a Member infringes upon their rights or the General Terms and Conditions can also contact contact@swissjobber.com” or contact@swissjobber.ch.
Swissjobber cannot be held responsible in the event of a conflict or dispute related to the content of the information communicated by the Members on the Site, unless notified, in accordance with the law, of illicit content present on the Site.
When users freely agree from the ads they have posted on the Swissjobber Site for the provision of a service, a contract is formed between them, and Swissjobber is not a party to that contract. Thus, non-performance or poor performance of this contract between users is not the responsibility of Swissjobber, but that of the User who posted the ad or the jobber who did not fulfill the obligations resulting from the agreement with his co-contractor.
At most, Swissjobber provides a dispute service as detailed in Article 10. This service is akin to a free amicable procedure and is by no means mandatory and does not resemble a court decision.
Site users declare they hold Swissjobber harmless from any liability for direct or indirect damages caused between the Members, to SwissJobber, and/or to any third party due to responses received or not received following the posting of a job ad or a jobber profile, the selection or non-selection of a jobber for a job ad, the course or outcome of a Service, payment for a Service, quality control and the course of the Service, or in case of conflict or dispute between Members. Members are solely responsible for all content they insert on the Site (texts, photos, images, logos, or other content), as well as for the proper performance of the obligations they undertake towards their co-contractor for the performance of a job.
It is also noted that the Member is solely responsible for his legal obligations and in particular for his tax declarations (taxes, VAT, etc.) as well as for the declaration of his or her status (company, independent, etc.) and that the Site is not responsible for the taxation of individuals or companies. They must make the tax declarations that are required of them and are solely responsible for them.
Finally, Swissjobber disclaims all responsibility related to its internal billing system. This system is designed to facilitate the relationship between Jobber and Client, but does not take into account the legal specifics of each country. It is then up to the Jobber to ensure the legality of the invoice.
11.2 Liability of the Members
Members commit to respect the General Terms and Conditions of use of the Site and Services, as well as current laws. Comply with all formalities and declarations resulting from their activity and respect legislation in fiscal, social, administrative matters, and other legal obligations applicable in Switzerland and any other foreign country.
Members declare to be independent and have no direct or indirect connection with Swissjobber.
Only Members are responsible for their actions on the Site.
12. Suspension ou Deletion of an Account
12.1 The contract between the User and the Company is valid for an indefinite period from the acceptance of the General Conditions.
It can be terminated at any time by the User using the “Account Deletion” function in their personal space, accessible under the “Settings” tab.
The Company may temporarily suspend the User’s Account or terminate access to the Services in case of serious and/or repeated breach of the User’s obligations as stipulated in these General Conditions, current legal regulations, or the Code of Conduct.
13. Swissjobber Code of Conduct
Swissjobber operates in compliance with all current rules, regulations, and laws. We are committed to assisting all users to work in a respectful and professional manner. This code serves as a guideline for proper use of our platform and must be adhered to at all times. Violations of this code will be dealt with according to our terms and conditions and can result in disciplinary actions, including account deletion. For questions about this code, please contact the Swissjobber support team, who can provide additional information on best practices and answer any questions.
I commit to acting ethically and with integrity in accordance with our Site’s policies.
I respect the rights of every user and do not engage in any illegal practices.
I protect confidential information and respect the interests, rights, and safety of other users.
I do not harass, intimidate, or discriminate against anyone on our Site.
I provide truthful and correct information and do not falsify my identity or that of another user.
I do not communicate or receive payments outside of our Site.
I do not bypass our Site by contracting directly with another user.
I do not accept work that I cannot complete.
I do not request to release staged payments in advance before delivering the work.
I do not misuse the services offered by freelancers I hire.
I am responsible for the content I post on our Site and abide by the prevailing laws and regulations.
I do not post defamatory, obscene content or content containing child pornography.
I do not post content with incomplete, false, or inaccurate information about a person, product, or service.
I do not post content that incriminates our Site or damages its reputation.
I respect the confidentiality and privacy of other users and do not disclose information or documents received, unless required by law or authorized by our Site.
I communicate professionally and avoid personal attacks, unfair negative reviews, and unprofessional behaviors.
I do not participate in fraudulent activities such as creating multiple accounts or using our Site for illegal fund transfers.
I do not facilitate money exchanges on our Site and I fulfill my obligations to freelancers once their job is done.
I do not submit underpriced offers to avoid fees and I do not engage in projects involving illegal behaviors.
I do not self-refer for our Site’s affiliate program and I do not send unsolicited emails using mailing lists or similar methods.
I do not obtain private contact details of other users outside of our Site’s official options to communicate with them.
In case of a dispute between two Members and to ensure compliance with this code of conduct, swissjobber may filter conversations and exchanges between users. Violations of this code will be dealt with according to our terms and conditions and can result in disciplinary actions, including account deletion. If a user is excluded, Swissjobber will not be held liable and all job advertisements by this Member will be deleted.
14. Intellectual Property
14.1 Site Intellectual Property
The Site and each of its elements, such as the structure, graphic design, texts, images, videos, photographs, brands, logos, visual elements, company names, domain names, databases whether created or edited by the Company, are the exclusive property of the Company and are notably protected under the legislation applicable to intellectual property rights. These elements are provided to Users by the Company exclusively for the use of the Site and under normal use of its functionalities. Any other use of the Site, in whole or part, is expressly prohibited and constitutes an act of infringement punishable both civilly and criminally.
14.2 User-uploaded Content
All content uploaded by users to the Site, including photographs, texts, videos, illustrations, brands, logos, titles, reviews, remains the exclusive property and under the exclusive control of the User who posts it, ensuring these elements do not hold the Company liable. By posting content through the Site, the User expressly and non-exclusively grants the Company permission, free of charge, to use, reproduce, display, make available to the public, host, store, distribute, modify, translate, any or all of the said content on the Site, in the context of the services offered to Users by the Company. This express authorization also extends to the publication of all or part of the content on the Company’s potential social networks, and also on any paper, electronic, digital, or numeric medium for the promotional/advertising purposes of the Company’s activities, including promotional materials, press kits, promotional spots. This authorization is given by the User as and when content is posted by the User on the Site, for the entire legal duration of intellectual property rights protection, and until the User’s account is closed, and this is valid worldwide.
15. Personal Data
15.1 Information about Members
In accordance with the regulations of the Swiss data protection law, member personal information is subject to a confidentiality policy detailed in these general terms and conditions.
15.2 Member Data
SwissJobber has implemented significant measures to store member data in a secure environment. However, members are asked to notify SwissJobber promptly if they detect any potential security breaches that accidentally or illegally result in the destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to their personal data. Unless prior consent is given during registration through a voluntary checkbox, SwissJobber does not intend to sell, transfer either directly or indirectly, or exchange member data with third parties. SwissJobber also won’t use this information in connection with advertising networks, data brokers, or other advertising-related tools.
15.3 Warning about Personal Data Protection by Members
SwissJobber reminds members that:
The information accessible from their account is personal data.
The use of the ad publishing features available on the Site must comply with data protection laws, especially by avoiding misusing third-party personal data.
Members should exercise caution when posting personal data online (especially since some information can remain visible on the Internet even after deleting an ad or terminating their account, particularly if it has been shared, archived, or copied to a third-party site).
15.4 Processing of Personal Data
Registration on the Site results in the collection and processing of users’ personal data by SwissJobber. Thus, the user agrees that their personal data is processed and stored by SwissJobber, under its responsibility and according to the conditions outlined above.
All the gathered information is necessary for the user’s registration on the Site and to provide the service. Failing to respond or providing inaccurate content may lead to the suspension or deletion of the user’s account. This data must therefore be shared with SwissJobber, unless marked as optional.
SwissJobber might also transfer this data to:
Any person requiring this information to perform operations tasked by SwissJobber (maintenance, assistance, recovery, etc.)
Official authorities upon request.
Any person with whom a user has made an agreement, meaning that this data could be transferred to countries within and outside the European Union.
Moreover, SwissJobber may send the user, including via email, unless the user objects:
Information or promotional offers concerning SwissJobber or services similar to those provided by SwissJobber to the user.
Information or promotional offers about other services offered by SwissJobber, provided that the user has given prior consent during registration to receive such information.
The company will also strive to adhere to the federal data protection law’s requirements as much as possible.
16. Cookies
16.1 SwissJobber may use cookies to, among other things, facilitate communication, simplify a user’s navigation on the Site, and offer services tailored to their needs. These cookies can be deleted by the user in their browser settings. However, deleting cookies might disrupt navigation on the Site or even prevent access to certain features.
The cookie policy can be found on the corresponding page.
17. To conclude
17.1 Legality of the General Conditions
If a part of the general conditions is deemed invalid or unenforceable according to the law, it will not affect the validity of the other parts, which will remain binding for the concerned Members. In short, the valid parts of the general conditions will remain in force even if a section is deemed invalid.
17.2 Modifications to the General Conditions
Swissjobber reserves the right to modify the general conditions at any time, without having to state the reason for this change, as long as these modifications are based on changes in services, legal changes, or changes due to technical requirements. This includes offering new services. The modified general conditions will be sent to members via email and must be accepted to continue using the Site. If the member does not dispute the modified general conditions within six weeks, they will be considered accepted. If the Member contests them, either party can close the account and obtain a refund for the remaining duration. These legal consequences will be separately stated in the email with the modified general conditions.
17.3 These general conditions are subject to the laws of the Swiss Confederation.