Terms of Service

In these Terms of Service, the following terms have the meanings set out below.

KleanPay or Platform:

means KleanPay Sàrl and the technology coordination services provided through kleanpay.ch.

User:

means any company registered on the Platform, as well as any authorised private buyer acting within the limits of these Terms.

Buyer:

means a User, company or private individual, who initiates or accepts a project and funds escrow payments.

Seller:

means a verified company or professional who delivers goods or services and receives escrow payments.

Escrow:

means funds held by OPP for the parties pending completion and validation of the agreed milestones.

Milestone:

means a project deliverable to which a specific payment amount is allocated.

OPP:

means Online Payment Platform (Worldline), the licensed payment institution holding the escrow funds.

UID:

means the Swiss company identification number.

• Users are responsible for keeping their login credentials confidential.
• Users are responsible for all activity carried out through their account.
• Users must immediately notify KleanPay of any unauthorised access.

The Buyer and Seller jointly define the project description, deliverables, acceptance criteria, payment amounts and expected timeline.

The minimum deposit amount is CHF 500. The maximum amount is the remaining balance to be funded for the relevant project.

When a milestone is completed, the Seller marks the delivery as completed through the Platform.

• The Buyer has 60 calendar days to validate the milestone or open a dispute.
• Validation allows funds to be released to the Seller after confirmation by both parties.
• If the Buyer takes no action within 60 days despite appropriate notifications, the milestone may be automatically validated, subject to OPP controls and applicable security mechanisms.
• Reminders are sent on days 30, 45 and 55.

KleanPay acts as a facilitator, not as an arbitrator. KleanPay does not make binding decisions on the merits of a dispute.

• Resolution may be sought through external mediation, Swiss courts or Swiss debt enforcement proceedings.
• KleanPay only executes an agreement signed by both parties, a final judgment or an order from a competent authority.

Before any automatic action, KleanPay sends at least 3 reminders by email and in-app notification.

All applicable fees are automatically deducted from escrow funds before release to either party, within the limits permitted by OPP and applicable law.

1. Notifications sent in months 9, 10 and 11.
2. 60-day period to reactivate the project or provide instructions.
3. Escrow balance processed according to available instructions, OPP rules and the parties’ agreements.

In the event of a dispute, funds remain blocked until resolution of the dispute, receipt of joint instructions from the parties, an OPP instruction where applicable, or a decision by a competent authority.

During the first five (5) years from the opening of the dispute, KleanPay may charge dispute management fees of 5% per started year of the escrowed amount, with a minimum of CHF 200 per year, within the limits permitted by OPP and applicable law.

After five (5) years, the funds remain blocked and KleanPay may charge custody fees of 1% per started year of the escrowed amount, with a minimum of CHF 200 per year.

If no instruction, claim or communication is received from the parties for ten (10) consecutive years from the opening of the dispute or the parties’ last meaningful communication, whichever is later, KleanPay may consider the file abandoned and, subject to applicable law, close the file and retain any residual balance after deduction of applicable fees, costs and charges.

• KleanPay may suspend operations on affected accounts.
• Funds may be held pending instructions from the liquidator, bankruptcy office, OPP or a competent authority.
• A party’s insolvency or bankruptcy does not by itself trigger an automatic transfer of funds to the other party.

KleanPay provides a technical platform for escrow services. KleanPay is not a party to the underlying commercial transactions between Users.

To the maximum extent permitted by Swiss law, KleanPay’s liability is limited to the fees paid by the User during the 12 months preceding the claim.

• KleanPay is not responsible for acts or omissions of OPP or other third-party providers.
• KleanPay is not responsible for force majeure events, indirect damages, loss of profits or business opportunities.

• Data is shared with OPP for payment processing and KYC/KYB verification.
• Data is stored on infrastructure hosted in Switzerland or the EEA with providers compliant with the FADP/GDPR.
• Data is retained for 10 years where required by law or audit obligations.

Please consult KleanPay’s Privacy Policy for full information.

1. Publication of updated terms on the Platform.
2. Email notice to Users at least 30 days before the changes take effect.
3. Ability to close the account if the User does not accept the changes.

Continued use of the Platform after the changes take effect constitutes acceptance.

Users may close their account at any time, provided that all active projects have been completed or cancelled.

• KleanPay may suspend or terminate access for breach of these Terms.
• KleanPay may suspend or terminate access in case of suspected fraud, non-compliance with verification requirements or prohibited transactions.

Governing law:

These Terms of Service are governed by Swiss law.

Jurisdiction:

Any dispute is subject to the exclusive jurisdiction of the courts of Orbe, Canton of Vaud, Switzerland.

Language:

The French version of these Terms of Service prevails.

Company:

KleanPay Sàrl

Email:

contact@kleanpay.ch

Website:

kleanpay.ch

Address:

Chemin des Taborneires 8, 1350 Orbe, Switzerland