General Terms and Conditions
1. Scope of Application
1.1 The quitt Deutschland GmbH (hereinafter referred to as “quitt GmbH“) operates an online platform under the abovementioned domain. On behalf of its Customers, the quitt GmbH administrates the employment relationships with their workforces and grants the Customer the right to use the platform go-quitt.de and the Customer sections protected by a personal login for a time period limited to the term of the Agreement and the processing of the subject matter of the Agreement.
1.2 These General Terms and Conditions (GTC) shall apply to all Agreements between the quitt GmbH and its Customers, with regard to the employment relationships that are being administrated by the quitt GmbH via the designated platform. These GTC shall apply exclusively. Terms and conditions that deviate from the former shall not be acknowledged by the quitt GmbH – unless the quitt GmbH has expressly consented to their applicability.
1.3 The quitt GmbH shall have the right to amend these GTC for factually legitimate reasons (e.g. changes in the law, the status of the law, market conditions) subject to compliance with a reasonable advance notice period. Existing Customers shall be notified of such facts no later than two weeks prior to the effective date of the amendment via email. If the Customer should fail to object within the time period stipulated in the change notice, Customer’s consent to the amendment shall be deemed granted. The notification of the intended change to these GTC shall include alerts as to the final notification date for filing objections and as to the consequences of not sending such a notification.
1.4 The following definition of terms shall apply to these GTC:
1.4.1 Customer: A Customer is any natural personal who manages his or her employment relationship that consists of mini job hires (§ 8 Sect. 1 No. 1 SGB IV [German Social Security Act]), jobs within the sliding zone, so-called midi job (§ 20 Abs. 2 SGB IV) or a part-time or full-time job subject to social insurance contributions through the platform;
1.4.2. Employee: An employee is any natural person who is in an employment relationship, specifically a mini job (§ 8 Sect. 1 No. 1 SGB IV), midi job (§ 20 Abs. 2 SGB IV) or a part-time or full-time job subject to social insurance contributions relationship with the Customer that is being administrated via the platform;
1.4.3. quitt GmbH: The data controller of the platform as stipulated in the heading of these GTC.
2. Subject Matter of the Agreement
2.1 The quitt GmbH operates and maintains an online platform that allows Customers to administrate their employment relationships with their employees. The subject matter of the services rendered by the quitt GmbH in this context is not only the provision and maintenance of the platform, but also the following services:
- Registration and de-registration of the employment relationships with the Mini Job Center and in case of a midi job or part-time or full-time job with the tax office via the Elster portal, the respective health insurance (social insurances) via sv.net, the respective accident insurance of the federal state as well as the Federal Employment Agency in relation to the creation of a operating number (Betriebsnummer)
- The making available of sample documents (e.g. sample employment contract) as well as templates and documents for download (e.g. letter of recommendation, termination notice, key receipt, cleaning plan, certificate of additional income for unemployed)
- The digital recording of hours worked, expenses, sick days & paid leave
- Verification and timely settlement of all government agency and insurance bills
- Handling of communications with government agencies within the scope of the applicable power of attorney
- Monthly payroll statements for Customers and employees
- Disbursement of the wages to the employees
- Filing of applications for continued pay in the event of illness, accidents and maternity
- Annual payroll cost overview for the employer for the application of a tax reduction
- Annual salary certificate for employees
- Salary cost, multiple employment and paid leave calculator
2.2 The quitt GmbH shall make available to the Customer a customized Customer account that the Customer can use to administrate the employment relationship. It includes a so-called A Account through which all agreement compliant disbursements, premiums, taxes and fees as well as the wages, ancillary benefits and substitute benefits are processed.
2.3 The quitt GmbH herewith emphasizes that at no time it shall become the contracting party to the employment Agreements made between employees and Customers. Such Agreements shall be exclusively established between the Customer and the employee.
2.4 The availability of the platform shall be 98.5 % on average throughout the year. This shall exclude any times required for necessary, regular maintenance work as well as those time periods during which availability is restricted due to incidents for which the quitt GmbH is not responsible (e.g. force majeure, third party action, technical problems or changes to the legal situation).
3. Execution of the Agreement
3.1 The making available of the platform constitutes an offer made by the quitt GmbH to enter into an Agreement with the Customer.
3.2 To be able to utilize the services available on the platform, the Customer will first have to register on the platform. For this purpose, the Customer must enter all required requested information completely and truthfully into the online registration form. Moreover, the Customer will have to make a payment to the A Account. As a result of the registration and the payment deposited into the A Account, the Customer accepts the offer to enter into a service agreement with the quitt GmbH.
3.3 The quitt GmbH shall send the Customer a text format confirmation that the agreement has been executed of the Agreement (fax or email).
4. Obligations of the Customer
4.1 The Customer shall undertake to ensure that the respective employment relationship meets the prerequisites to be defined as a mini job or job subject to social insurance contributions. The Customer shall undertake to present evidence without having to be prompted to do so that may justify any applicable exceptions. In particular, this includes that the employee, in the case of self-employment of the customer, does not work in his business more than 50%. Furthermore, the degree of relationship between the employee and the employer must be taken into account. An employment relationship between employer and employee who are resident in the same household cannot be registered.
4.2 Actions and reports that have to be implemented in conjunction with the performance of the employment relationship vis-à-vis respective government agencies shall be the responsibility of the Customer. Any support provided by the quitt GmbH shall not release the Customer for Customer’s obligation to comply with the statutory mandates and/or to execute Customer’s control obligations. For instance, any work hours not billed through the quitt GmbH and any days of disability due to illness that have not been reported shall be directly communicated to the competent government agencies by the Customer (e.g. Mini Job Center, tax office, health insurance, employer and accident insurance). Consequently, quitt GmbH is also in no way obligated to make salary payments to employees as well as payments to social security, tax offices and insurance companies if work performance has not been recorded in the customer area or if the customer has not made sufficient payments to his customer account to cover these payments.
4.3 The Customer shall ensure that the employee has a German work permit and that the employee is enrolled in a respective health insurance and in the case of job subject to social security contributions, that the employee has a German statutory health insurance.
4.4 The Customer is obligated to independently store documents that influence the employment relationship or the corresponding payrolls. This includes, above all, sickness notifications of the employee as well as evidence of further employments of the employee including place of work, time of work and remuneration as well as evidence of studies if the employee is working as a student in a private household.
4.5 The Customer shall ensure that the customer account always has sufficient funds in it to cover anticipated contributions and wages at the end of the respective month, period or year. Non-covered work performances will not be declared and invoiced by quitt GmbH.
4.6 The Customer shall undertake to provide the information required for the processing of the payroll statements as well as the reporting to government agencies in due time. The work hours performed by the Customer’s employees shall be communicated.
4.7 The Customer shall communicate any and all changes that pertain to the employment relationship within 14 days or shall make the respective changes to the information in the Customer account directly. In particular, further employments of the employee must be reported immediately by the customer to quitt GmbH.
5. Prices, Due Dates and Default
5.1 The services to be performed and the prices to be paid arise from the respectively reported scope of services rendered by the quitt GmbH and the Customer shall be notified of the former prior to the execution of the Agreement. The principally rendered services arise in particular from Section 2.1 of these General Terms and Conditions and are furthermore concretisized in our service overview. To access the service overview, please go to the portal at https://go-quitt.de/en/prices-services/.
5.2 In the case of mini jobs the billing of income tax by the quitt GmbH is handled through a so-called flat tax (currently 2%), which shall be principally charged to the employee and shall be reported on the payroll statement.
5.3 quitt GmbH does not take any liability for unpaid social security contributions, taxes or accident insurance premiums, which are based on an incomplete declaration, a non-declaration or a false declaration on the part of the client or an insufficient payment on account to the client’s account. Third party reminder fees due to late payment on the customer account, incorrect, incomplete or late information will be charged to the customer.
5.4 In the event that the Customer should be in default of payment, quitt GmbH shall have the right to block or delete the Customer’s account. A deletion shall in particular be considered in the event of repeated (not necessarily subsequent) default of payment. In the event of blockage, the term of the Agreement shall continue to remain in effect. The owed total shall be subject to interest in compliance with the statutory provisions set forth in the BGB (German Civil Code).
6. Term of the Agreement and Termination
Unless other agreements have been made, service agreements shall be in effect for indefinite periods of time and may at any time be regularly terminated in the personal Customer account under settings. This shall be without prejudice to the right to terminate extraordinarily with immediate effect in the event of important grounds. Once termination notice has been given, the quitt GmbH shall handle the de–registration or re-registration with government agencies and shall reimburse the balance of any respective credits in the customer account. The power of attorney vis-à-vis third parties shall be withdrawn. Payments shall be made to Customer’s bank account listed in the Customer account.
7. Rights and Obligations of the Customer
7.1 The Customer shall ensure that all content Customer enters or makes available is congruent with the applicable laws (in particular data protection and consumer protection laws, copyrights and intellectual property rights). The use of the platform shall be permitted only for Customer’s own purposes.
7.2 The Customer shall undertake to use the platform only for its intended purposes and, while using the platform, to comply with any and all Agreementual and statutory mandates. Any usage that extends beyond the defined purpose of the usage agreement shall be prohibited.
7.3 In the event of any violation of the obligations set forth in this section, the quitt GmbH shall have the option to terminate this Agreement with immediate effect (extraordinary termination) and/or to block the Customer account. The respective sanction shall be determined at the full discretion of the quitt GmbH, which shall, however, take into account the type and gravity of the violation.
8. Registration of Employees
The Customer shall register Customer’s employees. To that end, the Customer shall make all requested mandatory disclosures completely and truthfully by entering such information into the online registration form.
9. Limitation of Liability and Indemnification
9.1 The quitt GmbH shall not assume any liability for the performance of the Agreement between Customer and employee unless it is a case of mandatory statutory or contractual liability (see also the following sections).
9.2 The employment relationship and the service obligations that arise from the former shall be manifest exclusively between the Customer and the employee.
9.3 Moreover, the quitt GmbH shall not assume any liability for access to and the availability of the Internet. Availability may in particular be temporarily restricted due to maintenance work or for other reasons. Any liability for the consequences of limited availability, regardless of the reasons and the category, shall be excluded.
9.4 The quitt GmbH shall assume unrestricted liability in cases of acts of intent or gross neglect, in the event of intentional or negligent injury to life, the body or health or due to mandatory statutory provisions or in the event that a warranty has been assumed.
9.5 In the event of any negligent breach of a cardinal contractual duty, the quitt GmbH shall assume liability in each case limited to the damages that were foreseeable at the time the Agreement was executed and that are Agreement typical, unless this is a case of unrestricted liability. Cardinal contractual provisions shall be those obligations the fulfillment of which even makes the proper performance of the Agreement possible and in the compliance with which either party may rely.
9.6 Incidentally, any liability of the quitt GmbH shall be excluded.
9.7 The above liability provisions shall also apply with regard to the liability of the quitt GmbH for its agents and statutory representatives.
9.8 If the quitt GmbH should be targeted on the basis of the illegal or non-contract compliant behavior of the Customer, the Customer shall indemnify the quitt GmbH against any and all third party claims. This shall also include the reasonable costs of raising a legal defense (in partuclar court costs and attorney’s fees) in their statutory amounts. Sentence 1 and 2 shall not apply if the Customer is not responsible for the violation of rights. The aforementioned notwithstanding, the Customer shall undertake to promptly notify the quitt GmbH of any potentially looming third party claims.
10. Data Protection
11. Final Provision
Agreements between the quitt GmbH and the Customer shall be governed by the laws of the Federal Republic of Germany subject to the exclusion of the UN Convention on the International Sale of Goods (CSIG), provided that this choice of the governing law does not lead to a consumer being denied mandatory consumer protection standards.
12. Statutory Mandatory Information on the Settlement of Online Disputes for Consumers
On the Internet, the EU Commssion provides the following link to a platform for the online settlement of disputes: https://ec.europa.eu/consumers/odr
The purpose of this platform is to provide a point of contact for the out-of-court settlement of disputes arising from online purchasing or service agreements involving a consumer. The Customer is neither willing nor under any obligation to participate in a consumer disputes settlement proceeding pursuant to the VSBG.
Our email address can be found in the heading of these GTC.