GENERAL TERMS AND CONDITIONS

Last updated: 24/09/2024 Version 3.3

Introduction

These general terms and conditions establish the rights, obligations, and responsibilities of MaxiClean Titres-Services and the client regarding the services provided by MaxiClean Titres-Services, specifically the provision of a domestic helper. The definitions of key terms are provided below.

Before each service, we encourage our clients to discuss their expectations regarding the work results directly with their domestic helper or one of our staff members, by contacting us via email or phone (see the specific contact details for your assigned agency). The agency’s email address is indicated in the appointment confirmation and during the initial contacts with MaxiClean.

This practice will allow for a precise clarification of what is most important to you in terms of cleaning.
Our priority is to ensure consistency in task execution and flexibility to meet the individual needs of our clients.

Definitions:

SERVICE VOUCHER: electronic or in paper form: a means of payment that allows you to benefit from the services of a domestic helper at a legally advantageous rate.

MAXICLEAN TITRES-SERVICES COMPANY: We assist residents of Belgium in accomplishing household tasks such as cleaning, ironing, running small errands, cooking, by providing them with a professional and competent domestic helper. Note: MaxiClean does not receive direct payments from clients but through the company Pluxee.

PLUXEE (SODEXO): a company responsible for the distribution of service vouchers for cleaning services in Belgium. This is why every client is required to register with Pluxee to open their own Pluxee user number in order to be able to order service vouchers and eventually have the possibility to register with our company MaxiClean.

CLIENT: User – any resident in Belgium who uses Service Vouchers to benefit from the services of a domestic helper. The client registers with Pluxee to obtain their own Pluxee user number, which allows them to order Service Vouchers and use them to pay for domestic help services provided by approved companies such as MaxiClean Titres-Services.

SERVICE: the total number of hours worked by a domestic helper at a specific client’s home during a given day of the week. IMPORTANT: WITH A MINIMUM OF 3 HOURS AND A MAXIMUM OF 9 HOURS PER DAY.

DOMESTIC HELPER: provider; housekeeper, male or female worker of MaxiClean Titres-Services.

FRANCHISE: The insurance covers an excess of €250, which means that in case of damage exceeding €250, the client pays the first €250 of costs; if the damage is less than €250, the company may agree to a commercial gesture.

NEW CLIENT: a person who engages the services of MaxiClean for the first time. This includes Pluxee users who have never used MaxiClean’s services before.

AUTOMATIC ENCODING: Please note that in the absence of encoding by our domestic helpers, MaxiClean will proceed with collective encoding, always during the first week of the following month. According to our operating principles, we would like to clarify that the domestic helper is required to encode the electronic checks in real-time, that is, on the day of work at the concerned client via their Pluxee application.

APPROVE: Confirm services recorded via the Pluxee user application, verifying the dates and the number of hours recorded by MaxiClean.

DISPUTE: Express an objection or disagreement regarding services recorded by MaxiClean via the Pluxee user application.

HOUSEHOLD DOMESTIC HELP: services for individuals that consist of activities carried out at the client’s home and paid for using Service Vouchers: cleaning the home and windows, laundry and ironing, occasional small sewing tasks, meal preparation.

Article 1: GENERAL PROVISIONS

1.1.           These general terms and conditions form an integral part of the contract concluded for the use of services provided through Service Vouchers as a means of payment by the Client, following the provision of domestic services by MaxiClean.

1.2.           (Applicable legislation: Law of July 20, 2001, aimed at promoting the development of local services and employment, as well as the Royal Decree of December 12, 2001, concerning Service Vouchers).

1.3.           The contract is concluded between, on the one hand, MaxiClean Titres-Services (commercial name) and all its legal entities, and on the other hand, any individual wishing to benefit from the services provided within the framework of domestic help.

1.4.           In the case of multiple users of home help services at the same address, the contract signatory agrees to make the general terms and the contract available to the other users. In the event of non-compliance with the general terms or payment issues by other users of the home help services within the same household, the signatory may be held responsible for these other users.

1.5.           MaxiClean reserves the right to modify these general terms and conditions at any time. The latest version (22/08/2024) of the general terms and conditions is binding and always available for consultation on our website.

1.6.           MaxiClean commits to providing a domestic helper for activities that include:

• Cleaning the private residence
• Washing and ironing the client’s household linen
• Occasional small sewing tasks
• Meal preparation
• Window cleaning of the residence

• Occasional small errands

The client explicitly acknowledges that the domestic helper provided by MaxiClean will only be employed within the private sphere and commits to strictly adhering to the Service Vouchers legislation (Law of July 20, 2001).
Any use of Service Vouchers outside the authorized activities will be severely punished in case of inspection by the competent authorities. If MaxiClean is financially penalized by the competent regulatory body due to fraud caused by a client, it reserves the right to take legal action against the fraudulent client and claim damages to compensate for any financial losses incurred.

1.7.           The domestic helper provided by MaxiClean cannot be a parent or relative up to the second degree of the client or share the same residence. If such a situation arises, the client must immediately inform MaxiClean.

1.8.           If the schedule does not require a break, the domestic helper provided by MaxiClean will be allowed to take a cigarette break in the morning and another in the afternoon outside the workplace. During a four-hour service at a client’s home, the domestic helper is entitled to a paid ten-minute break.

Article 2: SAFETY POLICY

2.1. The client agrees to:

2.1.1. Not require the domestic helper to perform any dangerous or excessively heavy work (e.g., lifting very heavy objects, moving furniture, or climbing more than 3 steps on a ladder, etc.).

2.1.2. Ensure that the equipment provided to the domestic helper is sufficient, suitable for the required work, and in good working condition.

2.1.3. Mandatory equipment to ensure the best service includes:

• A lightweight, high-power vacuum cleaner
• At least one bucket
• At least 3 microfiber cloths
• A step ladder or footstool (maximum 3 steps)
• Optional gloves
• A floor squeegee or mop with a handle that reaches up to arm height
• An adjustable ironing board and a steam iron with adequate power
• Your preferred cleaning products, such as mirror cleaner, glass cleaner, toilet cleaner, kitchen cleaner, and dust remover

The client, as a reasonably prudent person, guarantees the good condition and proper functioning of the equipment and tools they provide and reviews any potential dangers with the worker before they begin their activities. If specific equipment or products are required, the client is responsible for ensuring that the domestic helper can use them correctly. Otherwise, MaxiClean cannot be held responsible for any damage caused by this specific equipment or product.

2.1.4. Not provide the domestic helper with corrosive cleaning and maintenance products that could impact the health of the domestic helper and/or be corrosive to the furniture and surfaces in the house.

2.1.5. Not provide products with an active chlorine content exceeding 2%; it is also forbidden to provide ammonia to the domestic helper.

2.1.6. Inform MaxiClean in the event of a contagious illness to prevent its spread. Examples include: flu, rubella, chickenpox, mononucleosis, meningitis, viral hepatitis, etc.

2.1.7. Not require the domestic helper to perform any of the following activities:

• Cleaning common areas of buildings, professional offices, shops
• Taking care of or looking after children or pets
• Cleaning animal litter
• Performing DIY or gardening tasks
• Working on a high ladder
• Cleaning outside in unfavorable weather conditions (extreme temperatures), such as rain, snow, severe cold, or extreme heat
• Moving heavy furniture, carpets, or garbage bags
• Cleaning any type of vehicle
• Disposing of excrement, used sanitary napkins, or other intimate objects

2.1.8. Ensure that the work is carried out under conditions that are safe and healthy for the domestic helper. The work consists solely of assisting with routine household maintenance. We encourage our clients to provide drinking water to our domestic helpers not only during hot periods but also daily to ensure their comfort and safety. The client agrees to allow the domestic helper to use their sanitary facilities such as toilets and sinks, etc.

2.1.9. Pay special attention to issues related to humidity, as well as the possible presence of insects such as cockroaches, mice, and others. The client will also ensure that the domestic helper is not exposed to passive smoking.

2.1.10. Please note that the minimum accepted temperature inside the client’s home during the winter season should be maintained at 16 degrees Celsius. If the outside temperature is 12 degrees Celsius or lower, we encourage you to consider an alternative task for the domestic helper, as it is not warm enough to clean windows.

2.1.11. Ensure that a first aid kit is always available to the worker. In the event of an accident, the client must immediately inform MaxiClean by phone at 02/223 58 48.

2.2. The client agrees that if they have a surveillance camera system in their home, they will inform the domestic helper and comply with the conditions regarding video surveillance (GDPR and the law of March 21, 2007, regulating the installation and use of surveillance cameras) to protect the domestic helper’s privacy and respect their right to their image.

2.3. The client is obligated to inform MaxiClean of any change of address. It is important to note that Pluxee is not MaxiClean. If your address has changed, it is necessary to update your information with both Pluxee and MaxiClean.

Article 3: PAYMENT POLICY

3.1. The client provides the domestic helper with one signed and dated service voucher per hour of work on the day of service or ensures that a sufficient number of valid electronic Service Vouchers are available in their electronic wallet. If the client does not provide the required Service Vouchers on the day of service, they agree to sign a list of missing vouchers, dated and signed, specifying the reason for the payment delay.
You can download the form by accessing the following link: www.maxiclean.be/titre-service-missingform

3.2. Any hour started is an hour paid.

3.3. The client agrees to provide Service Vouchers with a valid expiration date. Expired or canceled vouchers via Pluxee (postal loss) are not accepted.

3.4. Any damaged service voucher loses its value.

3.5. In the case of electronic Service Vouchers, the client agrees to:

• Fund their electronic PLUXEE account or ensure they have the number of Service Vouchers corresponding to the hours worked by our staff.
• Approve or contest the services on their PLUXEE electronic account within a maximum of 7 calendar days after the service or until the third day of the following month in the case of automatic encoding by MaxiClean.
  ATTENTION: After this period, MaxiClean will consider the hours as having been duly worked and the services as deemed to have been completed to the client’s satisfaction.
• For information purposes, a notification may be sent at the end of the month if your balance is empty, and another at the beginning of the month to remind you to approve or contest the services.
• In the event of a change in the user number under which home help hours are registered, the client agrees to notify this change promptly, no later than the day before the service to which the change relates.

Article 4: LATE PAYMENTS

4.1.  Any failure, whether due to late payment or non-compliance with commitments made regarding the domestic helper, will result in the suspension of services. MaxiClean is authorized, with the explicit consent of the client, to obtain information from Pluxee regarding the status of the Service Voucher balance, including expired or blocked vouchers following postal loss.

In the event of late payment for the Service Vouchers, a first reminder will be sent requesting regularization. If no payment is made, a second reminder will be sent, accompanied by administrative fees of 25 EUR, and services will be suspended until payment is made.

If, despite this second reminder, payment is still not received, a third reminder will be issued. This will result in the billing of vouchers according to their applicable residual value, depending on the region of use, with a rate of 5% applied to the amount due, and a minimum of 50 EUR. At this point, the contract will be terminated due to non-payment.

If there is no response to the third reminder, the case will be handed over to a lawyer, and all legal fees related to this procedure will be charged to the client.

Article 5: Unavailability

5.1 If the client is absent or wishes to modify the scheduled service, they must inform MaxiClean at least ten (10) days in advance by email (see the contact details of the assigned office). The office’s email address is mentioned in the appointment confirmation and during the initial contacts with MaxiClean.

5.2. The number of authorized cancellations without charge, to which the client is entitled during a calendar year, is calculated using the formula 4xX, where X is the frequency of the service per week and 1 corresponds to one service per week. For example:

• 1 service day per week -> 4 x 1 = 4 free cancellations per year
• 1 service day every 2 weeks -> 4 x 0.5 = 2 free cancellations per year
• 2 service days per week -> 4 x 2 = 8 free cancellations per year, etc.

A service cancellation corresponds to one canceled service day.

The maximum number of authorized free cancellations is set per household/family, so if multiple clients live at the same address, the number of authorized free cancellations will not be increased.

Example: Client A uses the service once a week on Mondays. They notify their absence from Monday, July 7, to Wednesday, July 16, which includes two Mondays, thus counting as two service cancellations (out of the 4 allowed).

Additionally, the number of free cancellations for new clients who start using the service during the year is proportionally reduced based on the quarter in which the client begins using the service, as follows:

• In the 1st quarter of the year – the client is entitled to the full number of authorized free cancellations.
• In the 2nd quarter – rights reduced by 25%.
• In the 3rd quarter – rights reduced by 50%.
• In the 4th quarter – rights reduced by 75%.

Example 1: Client B starts using the service in May, in the second quarter. The service is provided twice a week. This client is entitled to 6 free cancellations, as 8 – (0.25×8) = 6.

Example 2: Client C starts using the service in July, in the third quarter. The service is provided once a week. This client is entitled to 2 free cancellations to use until the end of the year, as 4 – (0.5×4) = 2.

Example 3: Client D starts using the service in November, in the fourth quarter. The service is provided once every 2 weeks. This client is still entitled to 1 free cancellation, as 2 – (0.75×2) = 0.5 (rounded up to the client’s advantage).

In the event of a change in the frequency of service during the calendar year (e.g., from 2 service days per week to 1 day per week), the number of free cancellations will be calculated individually, depending on the circumstances, i.e., whether the service will be provided more or less frequently.

5.3. In addition to scheduled absences, the client may justify a maximum of 2 unforeseen absences per year (e.g., urgent family matters) by informing MaxiClean no later than 10:00 a.m. the day before the scheduled service. Non-communicable diseases cannot be grounds for service cancellation.

5.4. If the client does not notify their absence in time (as specified in point 5.1), the scheduled service hours will be billed at the rate corresponding to the full value of the service voucher, depending on the region where the service is provided (see reimbursement amounts on the Pluxee service voucher website).

5.5. Days of unavailability cannot be used during the notice period to terminate the contract or end the collaboration.

5.6. There will be no services on Sundays and public holidays. An updated list of public holidays will be available each year on our website.

5.7. In the event of an unforeseen impediment of the domestic helper or unforeseen circumstances (such as sick leave, leave due to force majeure, or circumstantial leave), the client will be notified as soon as possible by MaxiClean. The client must also specify if they wish for a replacement during the unavailability of their domestic helper, and a replacement will be offered as far as possible and depending on MaxiClean’s availability.

Article 6: Non-Discrimination

6.1. MaxiClean is committed to providing its clients with exemplary service, rooted in respect for human dignity and fundamental rights. We ensure the utmost respect for our clients’ privacy, their ideological, philosophical, or religious beliefs, as well as their right to make complaints, be informed, and have oversight of the services provided. Each service is personalized, taking into account the unique life situation of each client to best meet their specific needs.

6.2. MaxiClean enforces a strict non-discrimination policy. We guarantee that neither our employees nor our clients will be subject to discrimination based on race, ethnic origin, disability, sexual orientation, or philosophical or religious beliefs, in accordance with the Law of May 10, 2007. This approach aims to create an inclusive and respectful work and service environment for everyone.

6.3. In the event of non-compliance with this provision, the services of a domestic helper will be terminated.

6.4. MaxiClean also takes issues of harassment very seriously, whether it be sexual, physical, or moral. We adopt a zero-tolerance policy towards any inappropriate behavior. Sexual harassment, including any unwanted gestures, remarks, or behaviors of a sexual nature, is strictly prohibited. Likewise, any act of violence or physical aggression is strongly condemned, and any form of moral harassment, such as intimidation or humiliation, is actively combated.

6.5. We are committed to creating a safe and respectful working environment for all, believing that respect, equality, and inclusion are essential to enriching our working relationships and ensuring high-quality service for our clients.

Article 7: Loss and Theft

7.1. All items that the client provides to the domestic helper (such as keys, for example) will remain entirely the client’s responsibility. In the event of loss or theft of the client’s property, the incident must be immediately reported to the appropriate authority, namely the police, and then to MaxiClean electronically via the email address of your assigned agency.

7.2. Additionally, a key handover declaration form is available on our website, which you can print if needed.
Please consult the following link: www.maxiclean.be/keys

7.3. Please note that MaxiClean does not provide insurance against theft or loss. The client is responsible for keeping valuable items such as jewelry, money, or cards in a secure place. In any case, MaxiClean disclaims all liability in the event of the disappearance of items belonging to the client.

Article 8: Insurance – Work Accident

8.1. MaxiClean has work accident insurance to provide compensation, in accordance with the law, to the domestic helper who may be a victim of a work accident.

Article 9: Damages

9.1. MaxiClean has insurance covering any damage caused by the domestic helper. Any damage must be reported through a written and bilateral declaration (by both the domestic helper and the client) submitted to MaxiClean within 48 hours of the service during which the incident occurred. This declaration must be made exclusively by electronic means via our email: sinistres@maxiclean.be or by registered letter sent to MaxiClean, Boulevard Bischoffsheim 1-8, 1000 Brussels. During an ongoing claim, all communication must also be conducted exclusively via email at sinistres@maxiclean.be .

9.2. In the event of damage caused at the client’s premises, a deductible of €250 applies.

Article 10: Conclusion of Services

10.1. All collaborations are established for an indefinite duration. As an exception, for new clients at MaxiClean, it will be possible to change the domestic helper after the first completed service without any consequence.

10.2. Either party has the right to terminate the services with one month’s notice. If the client fails to comply with the notice period, they will be required to compensate the company for the lost income, calculated using the following formula: one month’s revenue based on the average of the last 12 months of collaboration.

10.3. The termination notice must be communicated by registered letter or via the email address of your assigned agency and will take effect from the date of the letter/email.

Article 11: Conflicts

11.1. Conflicts arising from this agreement shall be resolved by the court of first instance in the jurisdiction where the company’s establishment is located.

Article 12: Data Processing

12.1. By collaborating with us, the client explicitly agrees to all the provisions mentioned in this document, including those related to the processing of personal data, in accordance with the rules established by the General Data Protection Regulation (GDPR).

12.2. For more information, please visit our website at the following address: www.maxiclean.be/datatreatment .