Last update: 29/08/2024
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:
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. 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.
1.5. MaxiClean commits to providing a domestic helper for activities that include:
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.
1.6. 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.
1.7. 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:
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:
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:
3.6. Delays in payment or other commitments toward the domestic helper will result in the suspension of services. The company is expressly authorized to obtain information from Pluxee regarding the client’s current balance status for Service Vouchers, as well as expired or blocked vouchers due to postal loss. The client explicitly consents to the sharing of this data.
3.7. After the notification period to the client, defined as 4 weeks, a first reminder will be sent with a 14-calendar-day deadline for the payment of the due Service Vouchers. If payment is not made within this period, a second reminder will be sent electronically and by mail, and administrative fees of 25 EUR will be automatically charged (fees cannot be increased). Additionally, this will result in the suspension of our services.
3.8. If the invoice and the Service Vouchers due for the period mentioned in the second reminder are not paid within the deadlines, the company reserves the right to invoice the vouchers according to the residual reimbursement values corresponding to the relevant region. A rate of 5% will be calculated on the amount due, with a minimum of 50€. MaxiClean also reserves the right to refer the case to a competent body to regularize non-payment situations. In the event of a dispute, attorney fees incurred for the recovery of the amounts due will be borne exclusively by the client.
Article 4: Objection of Hours Worked
4.1. In the event of any objections regarding the hours worked by the domestic helper or the quality of the services provided, the client must inform MaxiClean within 7 calendar days of the service performed and/or by the third day of the following month in the case of automatic encoding by MaxiClean. After this period, MaxiClean will consider the hours as genuinely worked and the services as having been completed to the client’s satisfaction.
Article 5: Unavailability
5.1. If the client is not present or wishes to modify the scheduled service, they must inform MaxiClean at least 10 (ten) days in advance by email or phone (see the specific contact details of your assigned agency). The agency’s email address is indicated in the appointment confirmation and during the initial contacts with MaxiClean.
5.2. The client is entitled to 20 (twenty) working days of unavailability per year, allocated according to the frequency of the services:
The allowed unavailability is proportional to the number of quarters elapsed:
5.3. In addition to planned unavailability, the client may justify up to 2 unexpected days of unavailability per year (e.g., family emergency) by informing MaxiClean the day before the service before 5:00 PM.
Non-contagious illnesses do not justify a cancellation.
5.4. If the client does not inform MaxiClean in advance of their unavailability, the scheduled hours will be billed according to the applicable residual rates, ranging from €27 to €30 per service voucher due.
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 .