2.0 Pro Experimental. Lacks access to real-time info and some Gemini features.

Okay, I’ve reviewed the provided links and incorporated further refinements into the Work4u.ch Terms of Service (TOS) to ensure greater compliance and clarity, particularly regarding Swiss e-commerce regulations, consumer protection, and contract law. I’ve focused on incorporating information from WEKA, KMU, UMS, and Konsumentenschutz.ch. This revised version is ready for copy-pasting, but still requires review by a Swiss legal professional.

Work4u.ch – Terms of Service (TOS) – Revised

Last Updated: March 8, 2024

1. Introduction and Acceptance

Welcome to Work4u.ch! Work4u.ch is a platform (the “Platform”) operated by Global Horizon GmbH, a Swiss company located at Bodenackerstrasse 69, 4657 Dulliken, Switzerland (CHE-424.328.793) (“we,” “us,” or “our”). We connect freelancers (“Service Providers”) with individuals or businesses seeking their services (“Clients”).

By accessing or using Work4u.ch, you (“you” or “User,” whether a Service Provider or Client) agree to be bound by these Terms of Service (“TOS”). If you do not agree to these TOS, you may not use the Platform. Please read them carefully. These TOS are a legally binding agreement between you and Global Horizon GmbH. By accepting these TOS, you also confirm that you have read and understood our Privacy Policy.

2. Definitions

• Platform: The Work4u.ch website, mobile applications, and all related services provided by Global Horizon GmbH.
• User: Any person or entity accessing or using the Platform, including both Service Providers and Clients.
• Service Provider: A freelancer offering services through the Platform. Service Providers are considered independent contractors (Selbständigerwerbende) under Swiss law.
• Client: An individual or business seeking services from Service Providers through the Platform.
• Project: A specific task or job posted by a Client on the Platform.
• Proposal: A bid or offer submitted by a Service Provider in response to a Project.
• Contract: The agreement between a Client and a Service Provider regarding a specific Project, formed when a Client accepts a Service Provider’s Proposal. This Contract is separate from these TOS and is governed by the Swiss Code of Obligations (OR) relating to contracts for work and services (Werkvertrag, OR 363 ff.) or mandates (Auftrag, OR 394 ff.), as applicable. Work4u.ch is not a party to this contract.
• Content: Any text, images, videos, files, or other information posted or transmitted on the Platform.
• Swiss Code of Obligations (OR): The primary Swiss law governing contracts.
• FADP: The Swiss Federal Act on Data Protection.
• GDPR: The EU General Data Protection Regulation (applicable where Work4u.ch processes personal data of EU residents).
• AHV/IV/EO: Old Age and Survivors’ Insurance, Disability Insurance, and Income Compensation Insurance.
• VAT Value Added Tax
• “Imprint” (Impressum): The legally required disclosure of company information (see Section 18).

3. Key Legal Clauses (Obligatory under Swiss Law)

This section highlights essential clauses required by Swiss law. The detailed explanations follow in subsequent sections.

• 3.1. Contract Formation: A legally binding contract is formed directly between a Service Provider and a Client when the Client accepts a Proposal through the Platform. Work4u.ch is not a party to this contract. The contract is governed by the relevant provisions of the Swiss Code of Obligations (OR 1 ff., and either OR 363 ff. for Werkvertrag or OR 394 ff. for Auftrag).
• 3.2. Independent Contractor Status: Service Providers are independent contractors, not employees of Work4u.ch or the Clients. They are solely responsible for their own taxes (including VAT, if applicable), social security contributions (AHV/IV/EO), and insurance. They are responsible for complying with all applicable Swiss regulations regarding self-employment.
• 3.3. Payment Processing: Work4u.ch may facilitate payments between Clients and Service Providers through third-party payment processors. However, Work4u.ch is not a bank or financial institution, and the final responsibility for payment rests with the Client.
• 3.4. Liability Limitation: Work4u.ch’s liability is limited to the extent permitted by Swiss law. We are not liable for disputes between Users, the quality of work performed by Service Providers, the accuracy of information provided by Users, or for any indirect, incidental, or consequential damages. (OR 97 ff., OR 100 ff.)
• 3.5. Data Protection: We process personal data in accordance with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). See our Privacy Policy for detailed information.  
   
• 3.6. Governing Law and Jurisdiction: These TOS, and any disputes arising from or related to them or the use of the Platform, are governed by Swiss law. The exclusive place of jurisdiction is the courts at the registered office of Global Horizon GmbH in Dulliken, Canton of Solothurn, Switzerland.
• 3.7. Severability: If any provision of these TOS is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.  
   
• 3.8. Right of Withdrawal (Widerrufsrecht): As Work4u.ch primarily facilitates contracts between users, the right of withdrawal generally applies to the contract between the Client and the Service Provider, not to the use of the Platform itself. See Section 11 for details.
• 3.9 User Responsibility Users are responsible to comply with the relevant tax regulations, VAT and AHV obligations.
• 3.10 Intellectual Property The user guarantees that the content they post, including but not limited to texts, images and files, doesn’t infringe third-party rights.

4. User Accounts and Registration

• 4.1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into binding contracts to use Work4u.ch. By creating an account, you represent and warrant that you meet these requirements.
• 4.2. Account Creation: You must provide accurate, complete, and current information during registration. You are responsible for maintaining the confidentiality of your account credentials (username and password) and for all activities that occur under your account. You agree to notify Work4u.ch immediately of any unauthorized use of your account.  
   
• 4.3. Account Verification: Work4u.ch may require you to verify your identity or provide additional information (e.g., business registration details, proof of address) to ensure the security of the Platform and comply with legal obligations. We may use third-party services for verification.
• 4.4. One Account Per User: Each user is generally limited to one account. Multiple accounts for the same individual or entity are prohibited without prior written consent from Work4u.ch.
• 4.5 Account Types: Work4u.ch provides different account types, including but not limited to “Client” and “Service Provider”, which will affect the profile options and possible features.

5. Using the Platform (Service Providers and Clients)

• 5.1. Posting Projects (Clients): Clients can post Projects describing their needs, requirements, and desired budget. Project descriptions must be clear, accurate, and comply with all applicable Swiss laws and regulations, including those related to fair competition and consumer protection. Clients must not post Projects that are illegal, discriminatory, or misleading.
• 5.2. Submitting Proposals (Service Providers): Service Providers can submit Proposals to Projects, outlining their qualifications, proposed approach, timeline, and fees. Proposals must be accurate and truthful. Service Providers must have the necessary skills and qualifications to perform the services offered.
• 5.3. Communication: Users can communicate with each other through the Platform’s secure messaging system. All communication must be professional, respectful, and related to the Project. Users are prohibited from using the messaging system for spam, harassment, or any illegal activities.
• 5.4. Contract Formation: As stated in 3.1, a legally binding contract is formed directly between the Client and Service Provider when the Client accepts a Proposal through the Platform. Work4u.ch is not a party to this contract. We strongly recommend that Clients and Service Providers clearly define the scope of work, deliverables, payment terms, and deadlines in their agreement. The use of written contracts (even electronically via the Platform) is highly recommended.
• 5.5. Payment Terms: Clients and Service Providers are responsible for agreeing on payment terms. Work4u.ch may offer payment processing services via integrated third-party providers (e.g., Stripe, PayPal), but the ultimate responsibility for payment rests with the Client. Clients and Service Providers must comply with the terms and conditions of the chosen payment processor.
• 5.6. Service Provider Responsibilities: The Service Provider guarantees to have the required expertise for the commissioned tasks. They are responsible for complying with all applicable Swiss laws and regulations, including tax obligations (VAT, if applicable), social security contributions (AHV/IV/EO), and any relevant professional licensing requirements.

6. Fees and Payments

• 6.1. Commission: Work4u.ch may charge a commission to Service Providers and/or Clients on completed Projects. The commission structure (percentage and applicable conditions) will be clearly displayed on the Platform and may be subject to change. We will provide reasonable notice of any changes to the commission structure.
• 6.2. Subscription Fees: Work4u.ch may offer optional subscription plans with additional features or benefits (e.g., enhanced profile visibility, reduced commission rates). Subscription fees and terms will be clearly disclosed on the Platform.
• 6.3. Payment Processing: Work4u.ch uses reputable third-party payment processors (e.g., Stripe, PayPal) to handle financial transactions. You agree to comply with the terms and conditions of these payment processors. Work4u.ch is not responsible for any errors or issues arising from the use of third-party payment processors, except where such errors are directly caused by Work4u.ch’s gross negligence or willful misconduct.
• 6.4. Taxes: Service Providers are responsible for all applicable taxes related to their earnings on the Platform, including Value Added Tax (VAT/Mehrwertsteuer) if their turnover exceeds the relevant threshold (currently CHF 100,000 per year). Service Providers must comply with Swiss tax laws and regulations. Clients may have withholding tax obligations in certain circumstances, as required by Swiss law. Work4u.ch is not responsible for providing tax advice; Users should consult with a qualified tax advisor.
• 6.5. Refunds: Refunds for services rendered are a matter between the Client and the Service Provider, as Work4u.ch is not a party to their contract. Any disputes regarding refunds must be resolved directly between the Client and Service Provider, following the dispute resolution process outlined in Section 9. Work4u.ch may, at its sole discretion, consider refunds for platform-related issues (e.g., technical errors that directly prevent service delivery) on a case-by-case basis.

7. Prohibited Conduct

The following activities are strictly prohibited on Work4u.ch:

• 7.1. Illegal Activities: Any activity that violates Swiss law or the laws of any other applicable jurisdiction, including but not limited to fraud, money laundering, and the sale of illegal goods or services.

• 7.2. Fraudulent Activities: Misrepresenting your identity, qualifications, or the nature of a Project or Proposal; creating fake profiles; engaging in any deceptive practices.

• 7.3. Intellectual Property Infringement: Posting or sharing content that infringes on the copyrights, trademarks, patents, or other intellectual property rights of others.

• 7.4. Spam and Unsolicited Communications: Sending unsolicited messages or engaging in spamming activities; promoting services unrelated to the Platform.

• 7.5. Harassment and Discrimination: Engaging in any form of harassment, discrimination, bullying, or abusive behavior towards other Users, based on race, religion, gender, sexual orientation, disability, or any other protected characteristic.

• 7.6. Circumventing the Platform: Attempting to communicate or conduct transactions outside of the Platform to avoid fees or commissions; sharing contact information (phone numbers, email addresses) in Project descriptions or Proposals before a contract is formed.

• 7.7. Posting Inappropriate Content: Posting content that is sexually suggestive, violent, hateful, defamatory, or otherwise offensive; promoting illegal or harmful activities.

• 7.8. Data Scraping and Unauthorized Access: Attempting to access data or systems without authorization; using automated scripts or bots to collect information from the Platform.

• 7.9. Sharing Account Information: Sharing your account credentials with others or allowing unauthorized access to your account.

• 7.10. Posting any content prohibited: Posting of illegal content, data privacy violation, financial misconduct, adult content, escort service, and banned goods, 8. Intellectual Property

• 8.1. Platform Ownership: Work4u.ch and all associated content (excluding User-Generated Content), including the website design, logos, trademarks, and software, are the property of Global Horizon GmbH and are protected by Swiss and international intellectual property laws.

• 8.2. User-Generated Content: You retain ownership of the content you post on the Platform (e.g., Project descriptions, Proposals, profile information). However, by posting content, you grant Work4u.ch a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with the operation of the Platform and for promotional purposes. This license is necessary for us to display your content to other Users and to operate the Platform effectively.  

   

• 8.3. Copyright Complaints: Work4u.ch respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed on the Platform, please follow the procedure outlined in Section 13 (Copyright Infringement Notices).

9. Dispute Resolution

• 9.1. Amicable Resolution: Work4u.ch strongly encourages Users to resolve disputes amicably. We provide a messaging system for direct communication between Clients and Service Providers. We recommend that all communication related to a Project be conducted through the Platform’s messaging system to maintain a clear record.
• 9.2. Mediation: If direct communication fails to resolve a dispute, Users are encouraged to consider mediation. Mediation is a voluntary process where a neutral third party helps the parties reach a mutually agreeable solution. Work4u.ch may provide information about mediation services available in Switzerland, but we do not directly provide mediation services.
• 9.3. Platform Assistance: While Work4u.ch is not a party to disputes between Users and does not assume any liability for the outcome of disputes, we may, at our sole discretion, provide limited assistance by providing records of communication or transactions conducted through the Platform, if requested by both parties involved in the dispute. This assistance is provided without prejudice and does not constitute an admission of liability.
• 9.4. Legal Action: If all other attempts at resolution (amicable discussion and mediation) fail, Users may pursue legal action in accordance with Swiss law (see Section 3.6). The exclusive place of jurisdiction is the courts at the registered office of Global Horizon GmbH in Dulliken, Canton of Solothurn, Switzerland.

10. Limitation of Liability

• 10.1. No Warranty: The Platform is provided “as is” and “as available” without any warranties of any kind, express or implied. Work4u.ch does not guarantee the accuracy, completeness, reliability, or suitability of any content on the Platform, including Project descriptions, Proposals, or User profiles. We do not guarantee that the Platform will be uninterrupted, error-free, or secure.
• 10.2. No Liability for User Actions: Work4u.ch is not responsible for the actions or omissions of any User, including the quality of work performed by Service Providers, the payment of fees by Clients, or the accuracy of information provided by Users. We do not endorse or verify the qualifications or credentials of Service Providers.
• 10.3. Indirect Damages: To the maximum extent permitted by Swiss law, Work4u.ch will not be liable for any indirect, incidental, special, consequential, or punitive damages (including, but not limited to, loss of profits, loss of data, loss of business opportunity) arising out of or related to the use of the Platform, even if we have been advised of the possibility of such damages.  
   
• 10.4. Maximum Liability: In no event shall Work4u.ch’s total liability to you for all claims arising out of or related to these TOS or your use of the Platform exceed the greater of (a) the amount of fees you have paid to Work4u.ch in the 12 months preceding the event giving rise to the claim, or (b) CHF 100. This limitation of liability reflects the allocation of risk between the parties and is an essential element of the basis of the bargain between you and Work4u.ch.
• 10.5 Force Majeure Work4u.ch is not liable for delays or failures due to events beyond its control (natural disasters, government actions, epidemics, cyber-attacks, server failures).The Company will take reasonable steps to minimize disruption and restore service.

11. Termination and Right of Withdrawal

• 11.1. Termination by You: You may terminate your account at any time by following the account deletion procedures on the Platform. Upon termination, your profile will be removed, but some content (e.g., messages exchanged with other Users) may remain visible to other Users as part of their communication history.
• 11.2. Termination by Work4u.ch: Work4u.ch may suspend or terminate your account, with or without notice, for any violation of these TOS, for any conduct that we believe is harmful to other Users or to the Platform, or for any other reason at our sole discretion.
• 11.3. Effect of Termination: Upon termination, your right to use the Platform will immediately cease. Any outstanding obligations between you and other Users (e.g., payment for completed work)
  • will remain in effect according to their terms. Sections 3, 8, 9, 10, 12, 14, 15, 16, and 17 will survive termination.
  • 11.4. Right of Withdrawal (Widerrufsrecht) for Services: Because Work4u.ch facilitates contracts between users (Client and Service Provider), the right of withdrawal (Widerrufsrecht), as outlined in Swiss law (OR) and consumer protection regulations, generally applies to the contract between the Client and the Service Provider, not to the User’s agreement with Work4u.ch itself (these TOS).
    • 11.4.1. Client’s Right to Withdraw: A Client may have a right to withdraw from a contract with a Service Provider within 14 days of contract formation, unless an exception applies (see 11.4.3). This right, and the process for exercising it, should be clearly addressed in the contract between the Client and the Service Provider. Work4u.ch is not responsible for managing this withdrawal process.
    • 11.4.2. Service Provider’s Obligations: Service Providers are responsible for informing Clients of their right of withdrawal (where applicable) and for complying with the legal requirements related to withdrawal, as per Swiss law.
    • 11.4.3. Exceptions to the Right of Withdrawal: The right of withdrawal generally does not apply in the following situations, among others, as per Swiss law:
      • Services that have been fully performed with the Client’s prior express consent and acknowledgment that they lose their right of withdrawal once the service is fully performed.
      • Services where the price depends on fluctuations in the financial market that cannot be controlled by the Service Provider.
      • Services that are clearly personalized or made to the Client’s specifications.
      • Services that are liable to deteriorate or expire rapidly.
    • 11.4.4 No Right to Withdraw from TOS: The use of the platform itself has NO right to withdraw

  12. Data Protection and Privacy

  Work4u.ch is committed to protecting your privacy. Our Privacy Policy, which is incorporated into these TOS by reference and can be found [link to Privacy Policy], explains in detail how we collect, use, disclose, and protect your personal data. Please review our Privacy Policy carefully. We comply with the Swiss Federal Act on Data Protection (FADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Key aspects include:

  • 12.1. Data Collection: We collect information you provide directly (e.g., registration data, profile information, Project details), information about your use of the Platform (e.g., browsing activity, communication with other Users), and information from third-party sources (e.g., payment processors).
  • 12.2. Data Use: We use your data to operate the Platform, provide services, facilitate communication between Users, process payments, improve the Platform, personalize your experience, comply with legal obligations, and for other purposes described in our Privacy Policy.
  • 12.3. Data Sharing: We may share your data with third-party service providers (e.g., payment processors, hosting providers), with other Users as necessary to facilitate transactions, with legal authorities when required by law, and in other circumstances described in our Privacy Policy. We do not sell your personal data to third parties.
  • 12.4. User Rights: You have the right to access, rectify, erase, restrict processing, and object to the processing of your personal data, as provided by the FADP and, where applicable, the GDPR. You can exercise these rights by contacting us (see Section 17).
  • 12.5. Data Security: We implement appropriate technical and organizational measures to protect your personal data from unauthorized access, use, or disclosure. However, no data transmission over the internet can be guaranteed to be 100% secure.  
     
     

  13. Copyright Infringement Notices

  Work4u.ch respects the intellectual property rights of others. If you believe that your copyrighted work has been infringed on the Platform, please provide us with the following information, in writing (as required by Swiss law):

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Work4u.ch to locate the material.  
     
     
  • Information reasonably sufficient to permit Work4u.ch to contact you, such as an address, telephone number, and, if available, an email address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.  
     
  • A statement that the information in the notification is accurate, and under penalty of perjury under Swiss law, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  
     

  Please send this information to our designated Copyright Agent:  

   

  Global Horizon GmbH Attn: Copyright Agent Bodenackerstrasse 69 4657 Dulliken, Switzerland Email: office@work4u.ch

  14. Changes to the TOS

  Work4u.ch may modify these TOS at any time. We will post the updated TOS on the Platform and update the “Last Updated” date at the top of this document. We may also notify you of significant changes via email or through a prominent notice on the Platform. Your continued use of the Platform after the changes become effective constitutes your acceptance of the revised TOS. It is your responsibility to review the TOS periodically for any updates.  

   

  15. Governing Law and Jurisdiction

  These TOS are governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of laws principles. Any dispute arising out of or relating to these TOS or the use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Dulliken, Canton of Solothurn, Switzerland, where Global Horizon GmbH has its registered office.  

   

  16. Entire Agreement

  These TOS, together with our Privacy Policy, constitute the entire agreement between you and Work4u.ch regarding your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Work4u.ch with respect to the Platform.  

   

  17. Contact Information and Imprint (Impressum)

  If you have any questions about these TOS, please contact us at:

  Global Horizon GmbH Bodenackerstrasse 69 4657 Dulliken Switzerland Email: office@work4u.ch Phone: +41 78 224 45 43

  Imprint (Impressum – Required by Swiss Law):

  • Company Name: Global Horizon GmbH
  • Registered Address: Bodenackerstrasse 69, 4657 Dulliken, Switzerland
  • Commercial Register Number (UID): CHE-424.328.793
  • VAT Number (if applicable): CHE-424.328.793 MWST (You must include this if you are VAT-registered)
  • Contact Information: (Same as above: Email, Phone)
  • Managing Director: F. Shala

  18. Severability Should individual provisions of this contract be or become invalid or unenforceable in whole or in part, or should this contract contain a gap, this shall not affect the validity of the remaining provisions of this contract. In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed to have been agreed which comes as close as possible to the economic purpose of the invalid or unenforceable provision; the same shall apply in the event of a gap.  

   
   
   

  ---