Article 1: Framework
This contract is entered into in the context of using service vouchers as a method of payment by the private individual (referred to below as ‘the client’) for services in the context of providing assistance of a domestic nature in the home by an employee of the service company. The term ‘assistance of a domestic nature’ is understood to mean: cleaning in the home, laundry, ironing, minor sewing works, preparing meals and running domestic errands
Article 2: Activities agreed
The client wishes to call on the service company on: …
And to do so every week/fortnight/month: …
For the following services: cleaning in the home, minor sewing works, laundry and ironing, preparing meals. (The term “domestic errands” is understood to mean errands for the day-to-day needs of the client. Any travel must be on foot or by bicycle).
Articles 3: Availability of equipment
ONE-NET will make available, free of charge, to the worker an apron, safety shoes fitted with non-slip soles, domestic gloves and a safety passport. The client will make available, free of charge, to the worker all of the equipment and products required to carry out the work. The client will provide the worker with relevant information about this work and will also give the worker all instructions regarding the cleaning methods specific to his or her home.
Articles 4: Payments
The client will give the worker a service voucher, signed and dated by the client, for each hour of work completed or begun. Service vouchers may only be used to pay for work services provided.
If the client is working with the system of electronic service vouchers, the worker may record details of his or her services on the interactive voice server, using the telephone made available by the client. The client states that he or she has a sufficient number of service vouchers available in his or her electronic wallet.
If for any reason the client is unable to submit service vouchers in time, or does not have a sufficient number of service vouchers in his or her electronic wallet, the client undertakes to make up the shortfall within 7 calendar days. If the client fails to submit the service vouchers owed within a period of six weeks from the date on which the service was provided, the monies due will automatically and without service of default begin to incur late-payment interest at the statutory rate, plus a fixed penalty of 50 euro, plus any reminder charges. If ONE-NET does not receive any response from the client to reminders for settlement, the matter will be passed on to a debt recovery agency.
Articles 5: Hygiene and Safety
The client, as a normally responsible person, undertakes not to have the worker from ONE-NET carry out any tasks that are dangerous, unhygienic or inappropriate. Examples include cleaning works outside the home if it is raining, snowing or cold, or if the temperature is too high, cleaning the car, using unlabelled products, moving furniture or carrying objects that are too heavy, etc.
Basements, attics and working at heights (for example climbing a ladder more than three steps high) may present dangers. The client undertakes to employ the worker in conditions of good hygiene. If situations contrary to the hygiene rules occur on several occasions, no more assistance will be provided. The client must allow the worker, prior to the work commencing, to visit the premises for the purpose of assessing the working conditions with regard to hygiene in the context of the work to be carried out. The client, as a normally responsible person, undertakes to allow the worker to use his or her sanitary installations (toilet, wash basin, etc.). At the request of ONE-NET, the client will provide certain items of information that are essential for ensuring a healthy and hygienic working environment for the worker. This information may concern, for example, the presence of pets in the home or not, etc. The client must notify ONE-NET of the occurrence of any contagious illnesses/diseases that present a danger of contamination for the worker, such as flu, meningitis, etc. If an accident occurs to the worker while carrying out his or her work, the client must notify ONE-NET immediately. The client, as a normally responsible person, undertakes to employ the worker at all times in conditions of safety. Any hazardous situations will be notified by the worker to ONE-NET (for example a badly connected power socket or plug with bare wires, etc.). If safety problems persist, the domestic assistance provided by be terminated. In the event of imminent danger, the worker may leave the place of work. The client, as a normally responsible person, undertakes to ensure that a first aid kit is always available to the worker.
Articles 6: Inappropriate activities
The client may not, under any circumstances, have the worker carry out jobs other than home assistance of a domestic nature, as defined in article 1. Nor may the worker be required to carry out dangerous tasks that are inappropriate or that present a risk for the worker’s health, such as:
- Cleaning works outside the home in the event of rain, snow or weather that is too cold or too hot
- Cleaning communal areas (e.g. stairwells) or premises used for commercial purposes (e.g. industrial building, shop, warehouse, medical practice, office).
- Washing high ceilings, high windows, etc.
- Taking care of animals and cleaning their accommodation
Articles 7: General provisions
Workers may not be related directly or by marriage to the second degree to the client or a member of the client’s family, nor may they have the same residence as the client. If this situation should occur, the client will notify the service company, which will immediately provide another worker.
The worker from the service company may not smoke while working. If no break is scheduled during working hours, the worker will have an opportunity to smoke one cigarette in the morning and one in the afternoon.
Workers may not use the telephone during working hours for purposes other than for recording electronic service vouchers, except if it is necessary for the work to be carried out.
If this is the case, the worker may use the client’s telephone, free of charge. Only on an exceptional basis may the worker be authorised to use the telephone and switch on his or her mobile phone.
The worker will only retain the keys to the client’s home if the client has authorised the worker to do so in writing. In such a case, the worker will ensure himself or herself that the keys to the home are returned to the client or are passed on to another worker (e.g. in the case of a replacement). The service company recommends that the client ask the worker to sign a receipt for the keys and/or for returning the keys. The service company may not under any circumstances be held liable or made responsible for managing the keys to the home.
Articles 8: Non-discrimination/harassment
The service company offers the client a quality service that ensures respect for human dignity, privacy, ideological, philosophical or religious beliefs, the right to complain, the right to information, the right to scrutiny of the individual, and which also takes the living situation of the individual into account.
With regard to workers and private individuals, no distinction will be made on the basis of gender, ethnic origin, handicap, sexual orientation, philosophical or religious beliefs and age, in the context of the offering and accessibility of services. The individual will treat the service worker with respect and will refrain from any act of violence or any form of harassment with regard to the worker.
Articles 9: Absence of the worker of the service company
ONE-NET will notify the client as quickly as possible of any modifications to the working schedule or of any unforeseen circumstances (e.g. illness, force majeure). Any absent worker will be replaced wherever possible, although this cannot be guaranteed. In the event of a replacement, there may be a modification to the work schedule.
Article 10: Absence of the client
The client will take every precaution to ensure that the activities agreed to in article 2 can be carried out throughout the year (access to the home).
If it is not possible for the activity to be carried out due to reasons relating to the client, the service company will charge for the hours of service normally agreed, in accordance with article 12, paragraph 6, unless the client has the worker carry out the work at another time during the following three months, based on the hours contractually agreed, or at least that the client notifies the service company of his or her absence within 14 working days.
In the event of the services being moved, pursuant to article 10, paragraph 6, the client is required to give notification of the movement of the services scheduled under the contract at the latest by the Wednesday prior to the week in which the services should originally have been carried out.
Article 11: Loss and theft
The client must always take the required care with regard to money and items of value.
The client must always submit any complaints to the service company, which will conduct an in-depth investigation into the matter.
If there is suspicion of theft, the client must notify ONE-NET. In the event of theft, the client will immediately make a statement to this effect to the police services in order to have an incident report drawn up.
Although ONE-NET makes every effort to ensure the careful selection of the workers it makes available to clients, it cannot be held liable in the event of theft.
Article 12: Liability
ONE-NET is the policyholder of insurance cover to protect against accidents at work. This is for the purpose, in accordance with the law, of compensating a worker who may sustain an accident while at work or on the way to or from work.
ONE-NET is also insured for material damages that may be caused to the client, who must draw on his or her own public liability insurance. ONE-NET is not liable for this damage, except where it is the direct result of the incorrect execution of the tasks stated above. In the event of such damage, the client must notify ONE-NET within 24 hours, otherwise his or her claim cannot be taken into consideration. The excess for the “public liability” policy is 250 euro (which will not be reimbursed). This excess is to be borne by the client. If the damage is less than the amount of the policy excess, ONE-NET will not intervene. Reimbursement will only be made after acceptance of the claim by the insurance company. The insurance company will also take account of the value of the item at the time of the claim.
ONE-NET will not under any circumstances be held liable as the result of errors, mistakes or omissions made by the client in communicating information and/or instructions regarding the proper execution of its tasks.
Article 13: Period of the contract/notice
This contract is entered into for an open-ended period, beginning on the date stated below. The contract may be terminated by either of the parties, by registered letter, giving minimum notice of 3 weeks and taking effect on the date on which the registered letter is sent.
The contract will be deemed to have come to an end automatically and without compensation if:
- The system of service vouchers is stopped by the public authorities.
- The service company loses its accreditation as a service company in the context of service vouchers.
- The service company has notified the client of its inability to continue fulfilling the contract for reason of a lack of available workers.
- The service company has the right to terminate the contract with immediate effect by registered letter if the client does not comply with his or her contractual obligations, including:
- If the client does not rigorously comply with the terms of payment stated in article 4.
- If the client does not comply with the provisions of article 7, paragraph 1.
- If the client does not comply with the provisions regarding harassment vis-à-vis the worker.
- If the company issuing the service vouchers refuses to pay the service company for the Federal State’s contribution to the cost price of the service voucher because the client has not complied with the provisions of article 5.
If this should be the case, the client will owe an amount of compensation to the service company. In the event of the unilateral termination of this contract by the client, other than for reasons stated in the paragraphs above, the client will owe damages and interest.
Article 14: Modifications
Any modifications to this contract will be notified in writing to the client. If the client is unable to agree with the intended modifications, he or she will have the right to terminate the contract pursuant to the provisions of article 13, paragraph 1.
Article 15: Disputes
In the event of a dispute in relation to this contract, the Courts in Brussels shall have jurisdiction. This contract has been drawn up in 2 copies, with each party acknowledging it has received one copy.