General Terms and Conditions

1. Scope of Application and Definitions

1.1 Scope of Application

These General Terms and Conditions (hereinafter "GTC") govern the business relationship between Creatify AG, Holenackerstrasse 25, 3027 Bern, registered in the commercial register of the Canton of Bern under CHE-331.002.835 (hereinafter "cleanify.ch" or "the operator"), and the users of the cleanify.ch platform. They apply in addition to the Terms of Use (ToU).

1.2 Definitions

• Platform: The web application operated under cleanify.ch, including the associated portals (customer portal, partner portal, CRM).
• Customer: A natural or legal person who requests cleaning services via the platform, either as a private individual or as a business customer (company account with organisation).
• Partner: A cleaning company registered in the commercial register or operating as a sole proprietorship that has registered on the platform and submits offers to customers.
• Lead / Enquiry: A cleaning request created by the customer (invitatio ad offerendum), which is forwarded to suitable partners.
• Offer: A binding proposal within the meaning of Art. 3 CO from a partner to a customer, including the price and description of services.
• Cleaning contract: The contract for work and services (Art. 363 et seq. CO) or mandate (Art. 394 et seq. CO) concluded between the customer and the partner through acceptance of an offer.
• CRM services: The professional business management tools offered by cleanify.ch to partners (customer database, orders, invoicing, payment reconciliation, accounting).

1.3 Order of Precedence

In the event of a conflict between these GTC and the ToU, the GTC shall prevail. Individual agreements between cleanify.ch and the user (e.g. partner contracts) shall prevail over both the GTC and the ToU. The provisions of the Swiss Code of Obligations (CO) shall apply on a subsidiary basis.

2. Subject Matter of the Contract

2.1 Brokerage Platform

cleanify.ch operates a two-sided brokerage platform (indication and negotiation brokerage pursuant to Art. 412 et seq. CO) that connects customers and cleaning companies in Switzerland. The core services include:

• Automatic and manual matching of customer enquiries with regional cleaning companies by canton and service category
• Provision of an anonymous offer phase to protect customer privacy (Art. 6 FADP)
• Integrated messaging system for communication between the parties
• Moderated review system to promote transparency

2.2 Professional CRM Services for Partners

Beyond brokerage, cleanify.ch offers registered partners professional business tools:

• Customer management: Recording and maintaining own customers (independent of Cleanify leads), contact persons and customer history.
• Offers and orders: Creation of professional offers with line items, conversion into orders, scheduling and employee assignment.
• Invoicing with QR invoice: Creation of invoices in the Swiss QR-Bill standard in accordance with the specifications of SIX, including QRR reference and IBAN integration.
• Payment reconciliation: Import of bank statements in CAMT053 format (ISO 20022) with automatic reconciliation of incoming payments based on the QRR reference.
• Employee management: Recording of employees, role assignment (employee, team leader, admin) and deployment planning.
• Accounting: Chart of accounts, double-entry journal entries and automatic posting of invoices and incoming payments.

3. Conclusion of Contract

3.1 User Agreement with cleanify.ch

The user agreement between the user and cleanify.ch is concluded upon successful registration (Art. 1 para. 1 CO). Registration is completed via e-mail verification with a one-time code.

3.2 Cleaning Contract between Customer and Partner

The acceptance of an offer by the customer results in the conclusion of a cleaning contract between the customer and the partner (Art. 1 CO). cleanify.ch is not a party to this contract (Art. 412 para. 2 CO) and is liable neither for its performance nor for defects in the cleaning services provided.

The creation of an enquiry merely constitutes an invitatio ad offerendum and does not create any contractual obligation towards a cleaning company.

3.3 Binding Nature of Offer Acceptance

For each enquiry, the customer may accept exactly one offer (Art. 1 CO). Upon acceptance, all other offers for the same enquiry are automatically rejected. Acceptance is binding and cannot be revoked via the platform; mandatory statutory rights of revocation remain reserved.

4. Prices and Fees

4.1 For Customers

Use of the platform is entirely free of charge for customers, including the creation of enquiries, offer comparison, the messaging system and reviews. Customers pay exclusively the price agreed with the cleaning company for the service.

4.2 For Partners – Brokerage Services

The first offer on the platform is free of charge for partners. For continued use of the brokerage services, fees are payable in accordance with the applicable pricing model, which may include one or more of the following components:

• Monthly subscription: Flat fee for access to leads and offer submission.
• Brokerage commission (broker's fee): Percentage share of the net order value upon successful brokerage (Art. 413 para. 1 CO). The right to commission arises upon acceptance of an offer by the customer.

The specific tariffs are set out in the partner contract and communicated transparently to the partner upon registration. All prices are exclusive of the statutory value added tax (Art. 24 VAT Act).

4.3 For Partners – CRM Services

The professional CRM services (customer management, invoicing, accounting, payment reconciliation, employee management) are part of the Professional subscription. The scope and price depend on the chosen subscription plan.

4.4 Price Changes

Price changes shall be communicated to partners in writing at least 30 days before they take effect. In the event of a price increase, the partner shall have the right of extraordinary termination as of the date the change takes effect.

5. Payment Terms

5.1 Invoicing

Invoices from cleanify.ch to partners are sent monthly or at the agreed interval by e-mail. The payment term is 30 days net from the invoice date, unless otherwise agreed (Art. 75 CO).

5.2 Late Payment

The partner is in default without a reminder if the payment deadline is set to a specific due date (Art. 102 para. 2 CO). From the onset of default, default interest of 5% p.a. is owed (Art. 104 para. 1 CO). cleanify.ch reserves the right to restrict platform access (including lead access and CRM services) in whole or in part in the event of outstanding claims (right of retention, Art. 82 CO).

5.3 Reminders and Debt Collection

Payment reminders are sent by e-mail after 30, 45 and 60 days. From the second reminder, a reminder fee of CHF 20.– may be charged. After an unsuccessful third reminder, cleanify.ch reserves the right to assign outstanding claims to a debt collection agency (Art. 164 para. 1 CO) or to pursue them through debt enforcement proceedings (DEBA).

6. Brokerage Services and Anonymity

6.1 Matching Process

In automatic matching, cleanify.ch selects partners based on canton and service category. cleanify.ch owes a diligent brokerage activity (Art. 412 CO) but guarantees neither a minimum number of offers for the customer nor a minimum number of leads for the partner.

6.2 Anonymity Guarantee

The identity and contact details of the customer are protected vis-à-vis cleaning companies throughout the entire offer and negotiation phase (Art. 6 FADP: purpose limitation principle). Disclosure is made exclusively to the company whose offer is accepted and only at the time of acceptance. This anonymity guarantee is a central and essential element of the platform concept.

6.3 Circumvention Prohibition and Contractual Penalty

Both parties are prohibited from circumventing the platform, in particular by exchanging direct contact details before the order is placed or by contacting each other outside the platform on the basis of information obtained through the platform.

Violations of the circumvention prohibition entitle cleanify.ch to immediately block the account and to claim a contractual penalty of CHF 5'000.– per violation (Art. 160 para. 1 CO). The right to claim further damages remains reserved (Art. 161 para. 2 CO).

7. CRM Services for Partners

7.1 Data Sovereignty and Responsibility

All data recorded by the partner in the CRM services (customer data, offers, invoices, accounting data) remain the property of the partner. cleanify.ch processes this data exclusively on behalf of and in accordance with the instructions of the partner (data processing on behalf pursuant to Art. 9 FADP). The partner remains the data controller under data protection law for the personal data recorded by it.

7.2 QR Invoice and Payment Transactions

Invoicing with QR-Bill is based on the IBAN and company data deposited by the partner, in accordance with the specifications of the Swiss Payment Standard by SIX. cleanify.ch generates QRR reference numbers for automated payment reconciliation. The partner is responsible for the correctness of the deposited bank details and is liable for damages resulting from incorrect information.

7.3 Bank Import (CAMT053)

The automated reconciliation of bank transactions is based on imported CAMT053 files (ISO 20022). cleanify.ch is not liable for incorrect allocations resulting from incomplete or erroneous bank data. The partner is obliged to regularly check the automatic reconciliation and to correct discrepancies without delay.

7.4 Accounting

The accounting functions serve the partner's internal business management and replace neither professional bookkeeping pursuant to Art. 957 et seq. CO nor an audit by an auditing body. The partner is solely responsible for the correctness of its bookkeeping and compliance with the statutory retention periods (Art. 958f CO: 10 years).

7.5 Data Export and Data Portability

The partner may export its data (customers, offers, orders, invoices) at any time in CSV format. Upon termination of the contract, cleanify.ch provides the partner with the option of a complete data export during a transition period of 30 days. After expiry of this period, the data is irrevocably deleted, subject to statutory retention obligations.

8. Review System

8.1 Publication and Calculation

Customer reviews are published after editorial review by cleanify.ch. The overall rating of a partner is calculated from the arithmetic mean of all approved individual reviews in the categories of work quality, administration, value for money and customer friendliness.

8.2 Objection by Partner

Partners have the right to object to reviews that violate the ToU or applicable law, in particular Art. 28 CC (protection of personality) or Art. 3 UCA (unfair commercial practices). cleanify.ch examines objections within 10 working days and informs both parties of the result.

8.3 Google Reviews (Third-Party Content)

In addition to platform reviews, cleanify.ch displays publicly accessible reviews from Google (Google Maps / Google Business Profile) on company profiles. These are labelled as third-party content, are not included in the calculation of the Cleanify overall rating and are neither editorially reviewed nor altered by cleanify.ch. cleanify.ch assumes no warranty for the accuracy or currency of these reviews. Complaints must be addressed directly to Google.

8.4 No Obligation to Delete Negative Reviews

Negative but truthful and factual reviews do not constitute grounds for deletion. cleanify.ch is not obliged to remove reviews solely on the basis of the wish of the reviewed partner. This applies to both Cleanify reviews and the display of Google reviews.

9. Warranty and Liability

9.1 No Brokerage Guarantee

cleanify.ch guarantees neither the conclusion of a cleaning contract nor the quality, reliability or timely performance of the brokered services. Complaints regarding cleaning are directed exclusively against the relevant cleaning company (Art. 368 CO; Art. 97 CO).

9.2 Platform Availability

cleanify.ch endeavours to ensure uninterrupted operation (uptime target: 99.5%) but cannot guarantee availability at all times. Planned maintenance work is communicated in advance where possible. Force majeure (Art. 119 CO) releases cleanify.ch from its obligation to perform.

9.3 Limitation of Liability

The liability of cleanify.ch for contractual (Art. 97 et seq. CO) and non-contractual (Art. 41 et seq. CO) claims is governed as follows:

• Excluded is liability for indirect damages, consequential damages, loss of profit, data loss as well as damages arising from the use of the CRM services (in particular erroneous invoices, postings or payment allocations).
• Reserved is the mandatory liability for intentional misconduct and gross negligence (Art. 100 para. 1 CO).
• In the case of slight negligence, the maximum liability is limited to the total amount paid to cleanify.ch by the relevant user in the preceding 12 months, but no less than CHF 100.–.

10. Data Protection

10.1 Privacy Policy

The processing of personal data by cleanify.ch is governed by the privacy policy, which forms an integral part of these GTC, as well as the Federal Act on Data Protection (FADP) and, where applicable, the General Data Protection Regulation (GDPR).

10.2 Responsibility of Partners when Using CRM

Partners who use CRM services and thereby collect personal data of their own customers are data controllers within the meaning of Art. 5 let. j FADP. They are solely responsible for compliance with data protection provisions, in particular the information of data subjects (Art. 19 FADP), compliance with the processing principles (Art. 6 FADP) and data security (Art. 8 FADP).

11. Contract Duration and Termination

11.1 Customers

The user agreement for customers is concluded for an indefinite period and may be terminated at any time by deleting the account (Art. 404 para. 1 CO by analogy). Open enquiries and ongoing communications are archived upon account deletion.

11.2 Partners – Ordinary Termination

Partner contracts and subscriptions are governed by the individually agreed conditions. Ordinary termination of subscriptions is possible at the end of the respective billing period and must be made in writing or via the partner portal. Upon termination, access to CRM services is maintained until the end of the paid period. No right to a refund of subscription fees already paid exists (Art. 404 para. 2 CO by analogy).

11.3 Extraordinary Termination

Both parties may terminate the contract at any time with immediate effect for good cause (Art. 404 para. 1 CO). Good cause includes in particular:

• material contractual breaches that are not remedied despite a reminder with a reasonable grace period
• violation of the circumvention prohibition (Sec. 6.3)
• insolvency, opening of bankruptcy proceedings or grant of a composition moratorium (Art. 293 et seq. DEBA)
• fraudulent or criminally relevant conduct
• repeated violations of the ToU or these GTC

11.4 Consequences of Termination

Upon termination of the contract, the right to use the platform expires. Outstanding claims of cleanify.ch (broker's fee, subscriptions, contractual penalties) remain in force. Data export is governed by Sec. 7.5. Claims arising from cleaning contracts already concluded between the customer and the partner remain unaffected by termination.

12. Final Provisions

12.1 Severability Clause

Should individual provisions of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall not be affected (Art. 20 para. 2 CO). The invalid provision shall be replaced by the valid provision that most closely approximates the economic purpose of the invalid provision.

12.2 Written Form and Notices

Notices from cleanify.ch to users are sent by e-mail to the registered address and are deemed received. Changes to the e-mail address must be made without delay via the account settings.

12.3 Assignment and Transfer

cleanify.ch is entitled to assign its rights and obligations under this contract in whole or in part to third parties (Art. 164 CO). The user shall be informed of such a transfer. The user may only transfer its rights and obligations with the prior written consent of cleanify.ch.

12.4 Amendments to the GTC

cleanify.ch reserves the right to amend these GTC at any time. Material amendments shall be communicated to registered users by e-mail at least 30 days before they take effect. If a partner objects to the amendments within the notification period, it shall have the right of extraordinary termination as of the date the amendments take effect. Continued use shall constitute acceptance.

12.5 Applicable Law and Jurisdiction

Swiss substantive law shall apply exclusively, to the exclusion of the conflict-of-law rules of the PILA and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC is Bern, Switzerland. Mandatory statutory places of jurisdiction remain reserved (Art. 32 CPC).