Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between Facility Solutions Company GmbH (hereinafter referred to as the “Service Provider”) and you (hereinafter referred to as the “Client”), in the version valid at the time of contract conclusion.
(2) Facility Solutions Company GmbH offers you the following services:
- Basic cleaning
- Partial cleaning
- After Party Clean
- Window cleaning with various options
- Moving cleaning
- Office cleaning
- Retail space cleaning
- Terrace and driveway cleaning
- Property maintenance cleaning
- Maintenance
- Concierge service
- Gardening
- Green waste maintenance
- Vacation care
All listed services are available for both business and private customers.
(3) The client’s terms and conditions shall only apply if expressly agreed in writing between the parties. Please read these terms carefully before using any services provided by Facility Solutions Company GmbH.
Subject Matter of the Contract, Scope of Services
- The subject of the contract is the service agreed upon in the respective individual project contract.
- The service provider carries out all work with the utmost care and observes the recognized rules of science and practice.
- Data provided by the client and third parties are not checked for accuracy, but only for plausibility.
- The service provider’s performance is deemed rendered when the project goal or partial project goal agreed upon in the individual project contract has been achieved. It is irrelevant whether and when possible recommendations of the service provider are implemented by the client.
- If the service provider is to be obligated to prepare a detailed written report, this must be separately agreed upon in writing between the parties.
Client’s Duties of Cooperation
The client is obligated to fully support the service provider and in particular to create all necessary conditions for the execution of the order and to provide the service provider with all relevant documents in a timely manner. The client shall confirm the accuracy and completeness of the documents provided to the service provider in writing upon request.
Default of Acceptance, Failure to Cooperate
If the client is in default of accepting the services or fails to cooperate as required despite reminders and setting of deadlines, the service provider is entitled to terminate the contract without notice. The exercise of this right of termination does not affect the service provider’s claims for compensation for damages caused by the delay or failure to cooperate or the reimbursement of necessary additional expenses.
Remuneration, Terms of Payment, Compensation set-off
- All claims are due 14 days after invoicing and are payable immediately without deductions unless otherwise agreed. If payment is not made on time, the client automatically enters into default, i.e., without a reminder. The statutory value-added tax of 7.7% is added to all price indications and is shown separately on the invoice.
- Multiple clients (natural and/or legal persons) are jointly and severally liable. Set-off against the service provider’s claims for remuneration and reimbursement of expenses is only permissible with undisputed or legally established claims.
Duty of Loyalty
- The parties commit to mutual loyalty. They will immediately inform each other of all circumstances that arise during the execution of the project and could affect the processing.
- The parties agree not to recruit or employ each other’s employees within a period of twelve months after the end of the cooperation. The term “employ” also includes freelance or self-employed activities. A breach of this clause triggers a contractual penalty based on the damage incurred.
Retention of Documents
- After the completion of the contract, the parties have the right to return the documents received from the other party or to destroy them. If the documents are originals, the consent of the other party must be obtained before destruction.
- An obligation to retain documents, unless legally required, is not agreed upon.
Confidentiality, Data Protection
- The service provider commits to safeguarding all business and trade secrets of the client and to complying with legal data protection regulations. Disclosure to third parties not involved in the execution of the contract requires the client’s written consent. The service provider obligates all individuals employed in the execution of the contract to comply with these regulations.
- The service provider is authorized to process the personal data entrusted to him for the purpose of the contract in accordance with data protection regulations or to have them processed by third parties.
Protection of the Service Provider’s Intellectual Property
- All reports, evaluations, drafts, calculations, drawings, etc., produced by the service provider remain the intellectual property of the service provider and may only be used by the client for the contractually agreed purposes and may only be disclosed or made known to third parties with the express written consent of the service provider.
- If the client wishes to use the services for affiliated companies, prior written consent from the service provider is required, which can be denied without stating reasons. To the extent that the work results are eligible for copyright, the service provider remains the author. In these cases, the client receives a usage right to the work results that is restricted by the aforementioned provisions, otherwise unrestricted in time and place, irrevocable, exclusive, and non-transferable.
- A breach of § 9 (1) and/or (2) triggers a contractual penalty according to § 10.
Contractual Penalty
- In the event of a breach of § 9 (1) and/or (2), the client is obligated to pay a contractual penalty of CHF 50,000 for each case of breach.
- The right to claim further damages is reserved.
Termination
Regulations for termination are agreed upon in the respective individual project contracts.
Miscellaneous
- Swiss law exclusively applies to all rights arising from the contract.
- All amendments and supplements to these General Terms and Conditions require written form and must be expressly marked as such.
- If provisions of these GTC become wholly or partly ineffective, the remaining provisions are not affected. The parties undertake to immediately replace the ineffective provisions with effective ones.
- The place of jurisdiction is Zurich.
Data Protection
(1) Should personal data (e.g., name, address, email address) be collected, we commit to obtaining your prior consent. We commit not to share data with third parties unless you have previously consented.
(2) We point out that data transmission over the Internet (e.g., via email) can have security gaps. Accordingly, flawless and uninterrupted protection of third-party data cannot be fully guaranteed. Our liability in this respect is excluded.
(3) Third parties are not permitted to use contact data for commercial activities unless the provider has previously given the affected individuals written consent.
(4) You have the right at any time to obtain complete and free information from Facility Solutions Company GmbH about the data concerning you.
(5) Furthermore, there is a right to correction/deletion of data/restriction of processing for the user.
(6) Further details on data protection can be found in the separate privacy policy.
Cookies
(1) To display the service offerings, we may use cookies. Cookies are small text files that are stored locally in the cache of the site visitor’s Internet browser.
(2) Numerous websites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a string through which Internet pages and servers can assign the specific Internet browser in which the cookie was stored. This allows the visited websites and servers to differentiate the individual browser of the d ata subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified via the unique cookie ID.
(3) By using cookies, user-friendly services that would not be possible without cookie setting can be provided to the users of this website.
(4) We inform you that some of these cookies are transferred from our server to your computer system, mostly session-related cookies. Session-related cookies are characterized by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognize your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies; a banner is available for you to consent or decline.
(6) Of course, you can set your browser so that no cookies are stored on your hard drive or already stored cookies are deleted. The instructions regarding the prevention and deletion of cookies can be obtained from the help function of your browser or software manufacturer.