General Terms and Conditions of Business for Homeworker24 (This is a translation. Only the German version is binding)
Date to become effective: December 23, 2015
Welcome to the website Homeworker24. Homeworker24 is a service provided by Homeworker24 GmbH (subsequently called „Homeworker24“):
Listed in the commercial register of the city of Zurich (CH-020.4.033.084-1)
CH - 8001 Zurich
Beate Artho is Homeworker24’s Managing Director and single signer.
These are the General Terms and Conditions of Business for Homeworker24 (subsequently called GTC). They regulate the relation of contract between Homeworker24 and its members (service providers and clients as natural or legal persons) for the use of the Homeworker24 websites www.Homeworker24.com.
The GTC also apply if you access Homeworker24 or parts thereof from other websites which either partially or entirely enable access to Homeworker24.
By clicking on the button „Accept the terms“, you accept the GTC of Homeworker24 and conclude a contract about the use of Homeworker24, a site on which you may offer or inquire services. The fees for this use can be viewed on a link on our homepage.
You may unregister at any time (cf. paragraph on Sanctions and Notice of Cancellation).
Homeworker24 Webpage General
Homeworker24 offers its members on www.Homeworker24.com a platform for inquring various types of services. This inquiry takes place according to the type of service indicated and further specifications. The client demanding a service will receive a list of possible service providers depending on the service profiles registered.
In addition, a client may further specify the contents of a service with the help of a news system and may exchange conditions and terms for delivery. However, members are not allowed to use the news system beyond that, e.g., to exchange information on contacts. The member agrees that messages sent via the news system may be viewed by Homeworker24.
Homeworker24 cannot guarantee a permanent offer of services. Temporarily limited offers or an unavailabilty of offers may arise due to technical problems or measures taken to improve the security of our service. Homeworker24 tries to bear in mind the interests of its members as far as possible. The members have no right to claim liability hereof.
Homeworker24 itself offers no services on its platform and is not a contracting partner for the providing of services.
Conditions To use Homeworker24, you need to be a registered member of Homeworker24. It is only then that a member has access to services and may register his or her profiles. There is no claim for membership. The subscription is free of charge. You are a member if you agree with our GTC and open a memberhip account. A contract on the use of Homeworker24 between Homeworker24 and a member is concluded once a member has registered.
Only legal persons and natural persons with unlimited legal capacity are eligible to register. Minors have no right to register on Homeworker24.
When registering online, a member needs to completely and truthfully indicate all data required. To indicate a P.O. box as address is insufficient. A member needs to register a valid phone number as well as his or her email address. The registration of a legal person may only be conducted by a natural person legally representing a legal person. Upon registration, only single persons may be indicated as a holder of a membership account. The email address indicated serves as contact address. Homeworker24 will send out all information for the implementation of the contract to this contact address. The member agrees explicitly to receive these emails.
In addition, a member needs to indicate a username and password. The username mustn’t comply with an internet address or the copyright sign of a company or brand name, impinge upon the rights of third parties or violate common decency. Your password is encrypted and saved on Homeworker24’s database and will not passed on to third parties. The password may be sent automatically to a member upon request and needs to be kept secret by the member.
The member is obliged to indicate changes regarding his or her compulsory registration data immediately. The member changes the data online and agrees to provide Homeworker24 with a current email contact address at any time. A membership account is non-transferable.
Homeworker24 has the right to cancel an incomplete registration or to cancel the membership if the user does not make use of the service for a period of 12 months.
Service Request and Process
The member assures that trade and fiscal conditions are respected when providing a service.
Homeworker24 solely offers a platform to simplify the creation of a contract with a relevant client but cannot guarantee a conclusion of contract.
A member is committed to not demand any illicit or prohibited services which may violate legal conditions, the rights of third parties or common decency.
It is prohibited to offer services and to register a profile or other user information which violate legal conditions, the rights of third parties or common decency. It is prohibited to use information to make propaganda for businesses, private persons or organisations or to place information with pornographic content or relating to drugs or endangering juveniles. Homeworker24 has a right to delete user profiles or other information should such a case occur.
Homeworker24 informs its members about the contact information (e.g., email address) required for a conclusion of contract but does not assume any liabilty for false or incomplete pieces of information, spelling mistakes, misapprehended offers or profiles. The service provider and the client are liable themselves.
The use of the internet includes risks which are in that medium’s nature. Since the identification of members in the internet is difficult, Homeworker24 cannot guarantee that each member is identical with the natural or legal person he or she describes to be. A member may register a false address at Homeworker24 despite various precaution measures. Therefore, a member needs to see for him-/herself whether the identity of his or her contracting partner is correct.
Homeworker24 may develop its services further at any given time and adjust them as considered appropriate.
Registration of Profile
A member may register his or her service profile on Homeworker24 if he or she meets the skills required (e.g., specialist in translation, legal advice etc.). The information given must be truthful and unaltered.
The cost specifications registerd in the profile represent guidelines and have to be agreed upon anew with every service demanded. These cost specifications are not binding but stand as a recommendation and must not be falsified to take advantage of job offers (e.g., to indicate low prices to get more jobs). Homeworker24 has the right to block a member if he or she repeatedly indicates lower costs than he or she is willing to provide a service for.
Links and cross references are only permitted if approved by Homeworker24. It is prohibited to indicate one’s address, phone number or email address in the public profile.
Purpose and Scope of a Contract Defining the Use of Homeworker24
Homeworker24 offers its members the platform described above. The use of this platform or the scope to which single functions and services refer to may be subject to certain conditions , such as the checking of registration data, duration of membership, the number of positive evaluations or verification of payment.
The client concludes a contract for the providing of a service directly with the service provider. A legally binding contract for the provision of a service can therefore only be concluded between members but not with or through Homeworker24. The client and the service provider are themselves responsible for the legitimacy of the conclusion of contract and the providing of a service.
Homeworker24 does not assume any responsibilty and guarantee for illegal actions, a lack or false fulfilment of contract by the client or the service provider.
Sanctions and Notice of Cancellation
Homeworker24 has the right to block a member if there is an an important reason, i.e., to exclude a member from using the website. An important reason may be if a member violates these GTC, legal conditions or common decency. This includes providing false information at registration, the violation of third parties’ rights, not paying the fees, the misuse of Homeworker24’s services and a repeated negative evaluation by other members.
If a member has been blocked, he or she is not allowed to re-register on Homeworker24 and use other membership accounts. There is no claim for data retrieval of a blocked membership account or evaluation profile.
A notice of cancellation of the contract between Homeworker24 and a member may be submitted at any given time by both parties without notice. However, cancellation of contract is not possible during a current agreement in which a member acts as client or service provider.
The premium membership is paid yearly and is renewed automatically for 1 year. You will be notified via email in sufficient time and can cancel it any time but 1 month before end of a term. To unregister, an email or a written note is sufficient. Please send it to: (firstname.lastname@example.org or: Homeworker24, Re: unregister, Homeworker24 GmbH, Seilergraben 45, CH-8001 Zurich, Switzerland). You may also unregister directly on our homepage. Login and go to: “My profile”, “Manage user credentials”, “UnRegister”.
Fees and Provisions
There are no fees resulting from registration as a member of Homeworker24. The use of he platform is free of charge. A service provider is therefore able to offer services without having to pay any fees.
Homeworker24 sets a service fee payable by the client for the transfer of contact information. This service fee is made transparent by Homeworker24. The premium service available for purchase offers additional services.
The individual fees are to be paid immediately.
The payment of the Homeworker24 premium membership is made directly online.
To prevent fraudulent actions, Homeworker24 set up a public evaluation system to give its members the opportunity to evaluate one another after providing a service or a follow-up job. The evaluation system should assist members to estimate the reliability of other members.
A member is obliged to make truthful evaluations and to respect the legal conditions.
Each use of the evaluation system in opposition to the purpose of the evaluation system is prohibited. It is prohibited to initiate false evaluations about oneself or via third parties or to use the evaluation system for a purpose other than objective evaluation of others.
In principle, Homeworker24 does not interfere with the evaluation system. Evaluations are not being checked by Homeworker24 but may be viewed by Homeworker24. Homeworker24 has the right to decide if an evaluation is deleted. This may be the case if there are concrete indicators for a violation of the GTC (e.g., an evaluation contains personal reference or reference to other members such as name, address, phone number, email address, links or scripts), of common decency or legal conditions (e.g., vulgar, obscene, racist or x-rated or offending statements [in legal terms]). There is no claim for a retrieval of deleted evaluations.
Homeworker24 protects the confidentiality of your personal data.
The member agrees that Homeworker24 registers, processes and uses data required for justification, possible alteration and conducting of contract.
Personal information is not used for marketing purposes, sold or made accessible and is exclusively used to provide a service on the part of Homeworker24. Personal information is saved on a hosting company in Switzerland.
We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
At cash payment, your data is saved directly at PostFinance or PayPal. Your bank details cannot be viewed by Homeworker24.
Data transfer to and from the website Homeworker24 is carried out on the regular internet and is SSL encrypted. Messages are not encrypted. Homeworker24 cannot guarantee data protection for data transfer in an open net such as the internet.
Members themselves are responsible to save data to which they have access on Homeworker24 and which is saved by Homeworker24 on an independent storage media. This data may be used as evidence or for accounting. The basic data protection policies must be respected.
Members of Homeworker24 are not allowed to use addresses, contact details or email addresses from the Homeworker24 portal for any other purpose than communication previous to and about contracts.
The contents saved on Homeworker24 must not be copied or distributed nor be used or duplicated in any other way.
Limitation of Liability
Homeworker24 is liable exclusively for intentional and grossly negligent damages caused by Homeworker24.
In all other cases, Homeworker24 does not assume any liability for collateral or immediate damages, particularly for lost profit or other expenses.
The limited or excluded liability of Homeworker24 also applies to the liability of its staff, legal representative, board members, agents and offices/branches of Homeworker24.
Homeworker24 is excluded from any responsibility or guarantee for illegal behaviour or deficient or lacking compliance with the contract by its members. Members exempt Homeworker24 of all claims which could be made to Homeworker24 by other members or other third parties. In particular, these include claims regarding the violation of their rights by the offers or contents provided by a member on Homeworker24 (e.g., market rights) or regarding other use of Homeworker24 (e.g., evaluations). Homeworker24 does not assume any liability relating to claims or demands in the event of a legal dispute, including any claims for the compensation of damages (direct or consequential damages) resulting from or relating to a legal dispute.
A member has no right to the continuous use of Homeworker24 and the website’s functions. Homeworker24 may limit its services from time to time if this is necessary due to limitations of capacity, the security or integrity of the server or technical reasons and if this limitation serves a proper or improved provision of services (maintenance work). Interruptions or other deficiencies may result from transfer errors, technical deficiencies, dysfunctions, illegal interferences to telecommunication service providers or a capacity overload of the internet. No claims for liability may result thereof on the part of the members.
The Homeworker24 portal may contain links to external websites. These sites are not subject to the control of Homeworker24 and Homeworker24 is not responsible for the content of such a site nor for the links on external sites or updates.
Homeworker24 has the right, within four months’ notice, to fully or partially transfer its rights and obligations resulting of this contract to a third party (contract transfer to third parties). In this case, a member has the right to cancel the contract of use after the announcement of the contract transfer.
A member has no right to use mechanisms, software or other scripts relating to the use of Homeworker24 which may disturb the functioning of Homworker.ch (Disruption of Homeworker24 e.g., by modifying or blocking its content).
All statements made within the contract of use of Homeworker24 have to be placed in writing or per email. The postal address of Homeworker24 is: Homeworker24 GmbH, Seilergraben 45, CH-8001 Zurich, Switzerland. The postal address and the email address of a member are the addresses indicated as current details in the member account by the member.
Homeworker24 has the right to modify these GTC at any given time. Modifications will apply to members two weeks after the publication (date of coming into force) on the internet. New members are immediately subject to the GTC, the same applies if the GTC are repeatedly confirmed.
The GTC are subject to Swiss law.
Zurich is the place of jurisdiction for any legal disputes resulting from the contract of use and the GTC.
If a clause in these GTC is ineffective, the other clauses will not be affected. The ineffective clause is considered subsituted by a clause closely representing the whole purpose of the ineffective clause in a legally effective way. The same applies to potential gaps in regulation.