General Terms and Conditions of TM Titres-Services sprl for regular services
Jules Cockx Street 8–10 in 1160 Auderghem
Phone: 02/660.29.19 • fax: 02/660.34.19 email: info@tmts.be
approval number: 02676 • business number: 0890963608
Article 1
- The service schedule is defined between TM Titres-Services and
the user. It is fixed (hours, day, frequency) and established within the limits
provided by the work regulations. Any change must be negotiated
solely with TM Titres-Services Company
1.
home cleaning,
ironing of household linen,
small occasional sewing work,
small household shopping,
meal preparation
maintenance of windows of the dwelling, not requiring climbing more
than 2 steps.
Attention: window washing on balconies and terraces can only be done
on the condition that feet remain on the ground!
Consequently, the following activities are prohibited:
childcare or pet care,
painting work,
all gardening work,
maintenance of common areas (stairwell of apartment buildings, …),
car cleaning and washing,
DIY work,
home care, sick care,
Collection of animal or human excrement,
etc…
For any additional information regarding authorized or
unauthorized tasks, please contact us at 02/660.29.19.
3 The user undertakes to provide the home aide with:
– In paper titre-service: one titre-service (signed and dated) per hour
of work performed, on the day of the service.
– In electronic titre-service, the user undertakes to confirm the
services in their personal account on the Sodexo website and within
no more than 3 days following the service.
The user will be billed the following amount
(depending on the home region):
– 0.30€/per titre-service in Brussels
– 0.90€/per titre-service in Flanders.
The invoice will be sent monthly to the user by email, or by mail
at the express request of the user (+2.50€ additional for the cost of
postage).
This invoice is payable within 8 days of the date of sending and cannot be
paid by means of titre-services.
4 Services take place Monday to Friday, they can
start from 08:00 and end at 18:00 maximum. Our service providers
do not work on weekends and public holidays. For services falling on a
public holiday, the user can request from TMTS the rescheduling of the service to
another day of the week (subject to availability of their usual home aide)
or request a replacement.
5 In the event of unexpected unavailability of the home aide, TM
Titres-Services Company contacts the user to inform them and proposes a
replacement, subject to service availability and with the user’s agreement.
6 The user undertakes to notify TM Titres-Services Company in case
of absence and particularly of going on vacation and this,
at least 8 days in advance in writing (an email is acceptable) In case of
non-compliance with this clause, the service will be payable.
7 In the presence of surveillance cameras in the dwelling, the customer must
strictly comply with regulations relating to the protection of privacy.
Article 2
1 The home aide is placed under the authority of TM Titres-
Services Company. If the user has a complaint to make, they must send their email
to qualite@tmts.be
The user is required to inform of any absence, justified or not, of the home
aide, and immediately upon its occurrence.
2 The home aide is insured by TM Titres-Services Company in case
of work accident and on the way to work. She is also insured in
civil liability for damages caused at the user’s home, under the conditions
determined by the insurance company. The insurance company will judge
the responsibility of the home aide in case of a claim.
Any claim or accident declaration must be made by email to the address
sinistre@tmts.be within 48 hours to TM Titres-Services Company. In
case of claim acceptance, the damage will be repaired taking into account the
condition of the property. TM Titres-Services Company is not criminally and civilly
responsible for criminal offenses committed by the home aide.
Article 3: Execution Modalities
The user undertakes to:
o Not require the home aide to perform any dangerous, overly heavy,
unsuitable work and that violates basic hygiene rules;
o Indicate in advance the presence of animals in the dwelling;
o Ensure that the equipment made available is in good working order and
intended for household use, that detergents are labeled and in sufficient quantity
and that a pair of household gloves is made available;
o Ensure that the work is carried out under conditions
suitable from the point of view of the safety and health of the home
aide;
o Pay the fixed amount determined by current regulations
for all travel made at the user’s request for their personal shopping;
Article 4: End of Agreement
1. Either party may terminate this agreement at any
time, with 2 weeks’ notice by registered letter or
by e-mail to contact@tmts.be. If the user does not wish the notice
to be served, they must pay TM Titres-Services Company an indemnity
equivalent to 2 weeks, calculated on the hourly cost price. By cost price,
is meant in particular the price of purchase of titre-services
as well as federal intervention. In case of contract termination by
the user, they undertake to settle any arrears of titre-services before
the end of the contract. Failing this, a penalty of 250€ will be due, in addition to the
value of titre-services still owed and without prejudice to article 4.3.
2. In case of non-compliance with this agreement by the user, and
in particular in case of failure to provide titre-services within the month of
service, TM Titres-Services Company reserves the right to terminate it
without notice or compensation, the user being liable for an
indemnity equivalent to 4 weeks, calculated on the hourly cost price.
3. In the event of non-payment at the monthly due date (Titre Services and/or
invoices), the user will further owe by operation of law and without prior notice
contractual interest at the rate of 12% per annum, each calendar month started
being due in its entirety, as well as a contractual
fixed and irreducible compensation of 15% with a
minimum of 125€.
4. In case of termination of this agreement, for whatever reason,
the user is prohibited directly or indirectly from working with
the home aide assigned to their service for a period of 24
months from the date of termination of the agreement. Any
breach of this commitment will result in payment of a
fixed indemnity of 4900 EUR, without prejudice to TM Titres-Services Company
claiming compensation for actual damages.
5. The agreement binding the user to TM Titres-Services Company is
terminated by operation of law if there is no longer issuance of titre-services.
6. The validity, execution and interpretation of this agreement are
exclusively governed by Belgian law.
7. In case of disputes related to the application of this agreement, both
parties undertake to do everything possible to find a friendly solution.
8. Any dispute between parties is subject to the exclusive jurisdiction of the
Brussels Courts (Justice of the Peace of Auderghem).