BETWEEN:
The “IKR-Magi” Group, composed of one of the following limited liability companies: IKR Consulting, VAT BE 0885 856 755, approval no. 02494, and Magiconcept, VAT BE 0811 811 509, approval no. 0403, both having their registered office at Avenue de Tervuren 296 D, 1150 Brussels.
Hereinafter referred to as: “IKR-Magi”,
THE FOLLOWING HAS BEEN AGREED:
ARTICLE 1 – DEFINITIONS
This agreement is established to define the rules of collaboration between the “service company” and the user within the framework of the use of service vouchers for the promotion of local services and employment.
In the provisions below, the following terms mean:
— User: a private individual residing in Belgium who uses service vouchers for private purposes;
— Approved company: “IKR-Magi”, which provides local work or services covered by the legislation governing Service Vouchers;
— Issuing company: PLUXEE, the company responsible for issuing service vouchers and reimbursing the approved company for the value of the service vouchers submitted to it;
— Service vouchers: the system subsidised by the Regions allowing private individuals to use a worker employed by an approved company to perform household tasks at home or outside the home.
ARTICLE 2 – OBLIGATIONS, RIGHTS AND COMMITMENTS OF IKR
“IKR-Magi” provides the following services:
2.1. Household assistance at home:
— cleaning the home, including windows;
— laundry and ironing;
— minor sewing work;
— meal preparation.
2.2. Assistance outside the home:
— Household shopping activities: small errands intended to meet daily needs; in this context, the domestic worker may accompany elderly, ill or disabled persons during their journeys.
— Ironing at the company’s premises.
2.3. “IKR-Magi” undertakes to respect the confidentiality of all information received when the user registers with Pluxee.
2.4. “IKR-Magi” undertakes to do everything within its power to ensure a regular service that meets the user’s expectations as closely as possible in terms of quality, organisation and compliance with the schedule.
Within the limits of the work regulations, working hours and the arrangements for access to the user’s home will be subject to a contractual agreement between “IKR-Magi” and the user.
Any change to the schedule or to the number of hours worked must be communicated to the domestic worker, and by the domestic worker to “IKR-Magi”.
2.5. In the event of an unforeseen absence of the domestic worker, “IKR-Magi” will, at the user’s request and with the user’s agreement, arrange a replacement to the extent permitted by service availability. In such a case of force majeure, “IKR-Magi” shall be released from all liability and the user may not claim any compensation.
2.6. “IKR-Magi” reserves the right to organise a real or virtual visit to the user’s home, either before the first service or during the collaboration, for an assessment or in connection with complaints made by the user or the domestic worker. The visit will take place on a date agreed between the parties.
2.7. The domestic worker is under the exclusive authority of “IKR-Magi”. If the user wishes to make a complaint, they must contact “IKR-Magi”. For minor remarks concerning work organisation, the user may always speak directly to the domestic worker.
ARTICLE 3 – OBLIGATIONS, RIGHTS AND COMMITMENTS OF THE USER
3.1. The user of the service voucher system is required to know and comply with the procedure governing services covered by the service voucher scheme (advantages, obligations, prohibitions). All useful information on this subject is freely available on the Pluxee websites:
— For Flanders: https://dienstencheques.vlaanderen.be
— For Brussels: https://www.titre-service.brussels
— For Wallonia: https://titres-services.wallonie.be/
The user is informed that service vouchers may only be used for private activities and never for professional activities. The following are therefore not permitted, without this list being exhaustive: cleaning offices, showrooms or commercial premises.
The following work is also prohibited: the following activities are not authorised under the Service Voucher scheme:
– Snow removal;
– Outdoor cleaning in difficult weather conditions (rain, snow, heatwave, etc.);
– Cleaning gutters;
Cleaning construction/renovation debris;
– Cleaning a garage if it is detached from the dwelling;
Carrying out DIY or gardening work;
Providing personal or medical care;
Cleaning any type of vehicle;
– Caring for and maintaining animals.
This list is indicative and non-exhaustive
Any use of service vouchers for unauthorised activities may be severely sanctioned in the event of an inspection by the competent authority.
If “IKR-Magi” is financially sanctioned by the competent supervisory authority as a result of fraud caused by a user, the approved company reserves the right to take action against the fraudulent user and claim damages in order to be compensated for all financial losses incurred.
3.2. The user may not require the domestic worker to perform work considered dangerous or excessively heavy.
The handling of excessively heavy objects is prohibited for the domestic worker.
The user must avoid unsanitary working conditions and must ensure that work is carried out under suitable health and safety conditions for the domestic worker. The domestic worker must report any risk situation to the approved company “IKR-Magi”. In certain cases, safety problems may lead to suspension of services.
“IKR-Magi” reserves the right to suspend services if safety problems arise and if it becomes aware that the above instructions are not being followed.
3.3. The user undertakes to reach a clear agreement with the domestic worker concerning smoking in order to avoid any nuisance caused by tobacco smoke.
3.4. The user undertakes to clearly identify and separate hazardous products and to ensure that the domestic worker does not use corrosive products, stain removers or unlabelled products.
3.5. The user undertakes to inform “IKR-Magi” of the presence of pets and, in particular, of any animal considered dangerous, aggressive or venomous. The user must take all necessary measures to ensure that the domestic worker does not come into direct contact with such animals.
3.6. The user undertakes to provide the domestic worker with equipment in good working order and appropriate cleaning products in order to guarantee optimal working conditions. The user must also ensure that household appliances made available to the domestic worker do not present a danger when used. The user is also required to explain to the domestic worker how to use the equipment provided correctly.
3.7. The user undertakes to inform “IKR-Magi” and the domestic worker in the event of a contagious illness in the household in order to avoid any risk of infection.
3.8. The user undertakes to ensure that a first-aid kit is always available to the domestic worker.
3.9. If the keys to the home are handed over to the domestic worker, “IKR-Magi” declines all liability for direct or indirect damage resulting from their loss or theft.
Such handing over of the keys is carried out at the user’s sole risk.
3.10. The domestic worker may not be related to the user or a member of the user’s family by blood or marriage up to and including the second degree, nor may the domestic worker have the same residence as the user.
If the proposed candidate is in one of these situations, the user must immediately inform the manager of the approved company.
3.11. The user undertakes to receive the domestic worker for a minimum of 3 hours every two weeks.
If, at the user’s request, a service is interrupted, any hour that has already begun will be charged at an amount corresponding to the value of one service voucher paid to “IKR-Magi” by the competent authority.
3.12. The user is informed that no services will be provided on public holidays. Hours not worked on a public holiday may be rescheduled by mutual agreement between the domestic worker and the user, if the schedule allows.
At the beginning of the year, a calendar will be given to the domestic worker. It will indicate the replacement dates for public holidays falling on a Saturday or Sunday. These dates will be communicated to the user by the domestic worker.
3.13. The user undertakes to inform “IKR-Magi” in due time of any changes to the information provided to “IKR-Magi” in connection with agreements, contracts and other documents. It is expressly agreed that any notification sent to the address stated in the contract will be valid unless a change of address has been notified in writing.
3.14. The user is required to notify “IKR-Magi” of any unjustified absence from work by the domestic worker as soon as the user becomes aware of it.
3.15. A user who cancels a service less than 48 hours in advance, who is not present at home on the agreed day of the domestic worker’s service, or who fails to comply with the agreed access arrangements without having informed “IKR-Magi” and the domestic worker in advance, will owe compensation equal to the value of one service voucher paid to “IKR-Magi” by the competent authority for each hour not worked.
A user who does not intend to use the domestic worker’s services for a certain period (for example, holidays) must notify “IKR-Magi” 14 days in advance (except in cases of force majeure), exclusively in writing at the following email address: info@ikr-magiconcept.com, by mobile phone at +324496066180 or +32471345876, and via the domestic worker’s mobile phone. Failing this, the user will owe the approved company compensation equal to the value of one service voucher paid to “IKR-Magi” by the competent authority for each hour not worked.
In the event of an unjustified absence by the user for more than 2 weeks, there is no guarantee that the same domestic worker or time slot will remain available.
3.16. It is the user’s responsibility to use only valid service vouchers. If service vouchers are missing, expired or invalid, “IKR-Magi” may claim valid service vouchers from the user or the equivalent value of the service vouchers concerned. The equivalent value corresponds to the amount that “IKR-Magi” would receive from the authority on the date of the claim.
ARTICLE 4 – PAYMENT FOR SERVICES
At the end of the service, the user undertakes to provide as many service vouchers as the number of hours worked by the domestic worker (example: 4 hours of service = 4 service vouchers).
4.1. Paper service vouchers.
The user undertakes to give the domestic worker one signed and dated service voucher for each hour worked. Payment for the domestic worker is made exclusively through a service voucher issued in the user’s name, completed with a blue or black pen (any other colour is not accepted by the issuing company).
4.2. Electronic service vouchers.
In the case of payment by electronic service vouchers, the user will confirm the service through their personal account on the issuing company’s website within 48 hours.
The user must ensure that there are always enough service vouchers in their Pluxee account.
Service vouchers are provided when the local work and services are performed.
Payment default
– If, after one or more reminders, the user is still in default of payment (arrears exceeding 50 service vouchers), the service company reserves the right to suspend services at the user’s home until the outstanding vouchers have been received.
– Recovery and legal procedure costs incurred by any legal means are payable by the user in the event of non-payment.
The user owes the approved company compensation equivalent to the Region’s contribution and the purchase price of the service voucher when, despite prior formal notice, the user has not handed over or electronically validated the service vouchers due by the expiry of the deadline authorised by the Region.
4.3. After the deadline provided for in Articles 4.1 and 4.2 has expired, a first reminder will be sent free of charge, allowing a period of 7 calendar days for the service vouchers to be submitted.
4.4. In the event of non-payment within the period stated in the first reminder, a second reminder will be sent to the user. This will automatically result in a flat-rate increase of €25.00 as administrative costs. These administrative costs may under no circumstances be paid with service vouchers. They must be paid into the account of the approved company for which the domestic worker works.
Any amount owed by either party will automatically bear late-payment interest at an annual rate of 12% from the date on which the first formal notice referred to in Article 4.3 is sent, together with a flat-rate compensation of 15% with a minimum of €125.00, without prejudice to the right to claim a higher amount in the event of greater damage.
ARTICLE 5 – SUSPENSION OF SERVICES AND TERMINATION
5.1. The user expressly accepts that “IKR-Magi” may suspend all services until all amounts owed by the user have been paid in full. The user may benefit from services again after all outstanding amounts have been settled in full.
5.2. This agreement may be terminated by either party without compensation, subject to 4 weeks’ notice given in writing.
5.3. This agreement may be terminated by the user without notice and without compensation for either party if the work and services have not been or can no longer be provided for more than 4 weeks, excluding the months of July and August, due to the annual leave of “IKR-Magi” staff.
5.4. This agreement will automatically terminate without compensation if “IKR-Magi” loses its approval, this situation being considered a case of force majeure.
ARTICLE 6 – DISPUTES CONCERNING HOURS WORKED
In the event of a dispute concerning hours worked by the domestic worker, the user must notify “IKR-Magi” no later than the 10th day of the month following the month in which the services were performed. If no dispute is raised within this period, “IKR-Magi” will consider the hours to have actually been worked and the services to have been duly performed.
With regard to the quality of the work carried out by the worker at the client’s home, the client is asked to report any dissatisfaction (complaint) to “IKR-Magi” on the same day or, at the latest, the day after the service, in order to allow a possible on-site visit.
ARTICLE 7 – DISCRIMINATION
The service voucher company and the user undertake not to practise any direct or indirect discrimination against workers on the basis of ethnic origin, disability, sexual orientation, philosophical or religious beliefs, or age. Where applicable, the domestic worker has the right to obtain information about their rights and, if necessary, to lodge a complaint.
ARTICLE 8 – RESPECT FOR WORKERS’ PRIVACY
8.1. Neither the worker nor other members of the service voucher company may be contacted at their home by the user. The user must always contact the service voucher company’s telephone office at 02 735 64 94 or by email at: info@ikr-magiconcept.com
8.2. With regard to the use of a video surveillance system, if such surveillance is carried out without the worker’s knowledge and in breach of the applicable regulations, it constitutes a violation of the worker’s privacy.
ARTICLE 9 – PROTECTION OF THE USER’S PERSONAL DATA
9.1. Personal data communicated by the user through this contract or any other document will be recorded in the files of “IKR-Magi” and will be used in particular for customer administration and for information or promotional activities relating to the services offered by the approved company.
9.2. Under no circumstances may such data be used for purposes other than those provided for without the user’s prior written consent, unless such use is required by law.
9.3. For any further information concerning Article 9.1, the user is referred to the applicable data protection regulations.
ARTICLE 10 – CLAIMS – DAMAGE
10.1. “IKR-Magi” is insured for material damage that may be caused to the user (civil liability insurance covering the domestic worker).
In the event of damage caused by an “IKR-Magi” domestic worker during the performance of services, the user must send the claim and any supporting documents (photos of the damage or damaged item, purchase invoice for the damaged item, etc.) to “IKR-Magi” within 24 hours of the incident.
The insurance company decides independently whether to accept the claim. “IKR-Magi” also reserves the right to refuse to intervene in compensation if the user has failed to exercise due care to avoid the damage or if the damage was not reported within the prescribed time limits.
The user should avoid entrusting the worker with the maintenance of delicate and high-value items.
Nevertheless, if the user chooses to entrust such tasks to the worker, the user remains personally responsible and will have no recourse against the service voucher company in the event of damage to such items.
10.2. Laundry deposited at one of our ironing workshops is insured against loss or damage. A user who has used this service and notices damage or loss must inform the approved company in writing within 2 working days.
10.3. In the case of theft, the user must always provide evidence of the loss suffered.
If a worker of “IKR-Magi” is suspected of theft, the user must inform the manager of the approved company as soon as possible and immediately make a report to the police so that an official report can be drawn up.
10.4. Any damage suffered by “IKR-Magi” as a result of a breach by the user of the provisions of this contract must be compensated by the user.
ARTICLE 11 – MISCELLANEOUS
11.1. “IKR-Magi” may amend these general terms and conditions. In that case, the new conditions become applicable 30 calendar days after they are notified to the user.
If the user disagrees with them, the user may notify their intention to terminate the contract by ordinary letter or email within 10 working days following notification of the possible amendments. Failing termination, the user will be deemed to have accepted the new conditions.
11.2. The validity of the contract will in no way be affected by the invalidity of any of its provisions. In such a case, the provision concerned will be deemed unwritten. The parties will then replace that provision with a new provision that preserves the intended balance or has the same economic effects.
11.3. Unless a party waives a right in writing, neither party may be presumed to waive or to have waived any rights and obligations arising from the contract or from the failure to comply with or breach of any provision thereof.
If a party waives a right or provision arising from the contract or from the failure to comply with or breach of that provision, such waiver may not be interpreted as a waiver of other rights or provisions of the contract.
No delay or omission by either party in exercising a right and/or provision arising from the contract will affect that right or provision and will not be interpreted as a waiver of that right or provision.
11.4. The rights and obligations arising from this contract may not be transferred without the prior consent of all parties concerned.
ARTICLE 12 – APPLICABLE LAW AND JURISDICTION
12.1. This agreement and the general terms and conditions are governed by Belgian law.
12.2. In the event of a dispute, the courts of Brussels, sitting in the French language, shall have exclusive jurisdiction.
ARTICLE 13 – Important reminder concerning the use of service vouchers
1. Ordering service vouchers
Orders for service vouchers must be placed exclusively by the client. Our domestic workers are under no circumstances authorised to order service vouchers in your name, nor to use their own bank account, your bank account or any other account to place an order.
2. Protection of your personal access details
For security and confidentiality reasons, our domestic workers may never access your Pluxee account, your online banking or any other personal account in order to carry out transactions relating to service vouchers. Management of your access details and your orders remains your sole responsibility.
3. Authorised services
Only services provided for under the legal service voucher scheme may be carried out. Services such as childcare, cleaning common areas of a building or any other activity not covered by the regulations may not be performed.
4. Start of services
No service may begin until the contract has been signed and your home has been visited beforehand by a representative of our office. This procedure is essential in order to ensure administrative compliance of the file and everyone’s safety.
5. Correct use of service vouchers
We also remind you that it is essential to complete your service vouchers correctly. Please indicate precisely the nature of the service carried out, for example: cleaning, ironing or any other authorised service. Service vouchers must be completed with the greatest care in order to avoid any administrative problems.
6. Completing service vouchers
Service vouchers must be completed and signed exclusively by the client. Under no circumstances may they be completed or signed by the domestic worker. We ask you to ensure that you complete each service voucher yourself with care and in accordance with the service performed.
7. Identity of the worker
Service voucher services must be performed by the worker employed by our company and declared to the competent authorities. Under no circumstances should you accept that another person (a member of the worker’s family, an undeclared replacement, an acquaintance, etc.) performs the services in their place. Any irregularity of this kind must be reported to us immediately.
8. Family relationships
In accordance with the law, the worker providing services in your home may not be related to you or to a member of your family by blood or marriage up to and including the second degree. The worker may also not have the same residence as you. If this is the case, please inform us so that we can reorganise the service.
9. Handing over service vouchers
Service vouchers must only be handed over to the worker after the service has been performed, at the rate of one voucher per hour worked. Service vouchers may not be handed over in advance before the service has been carried out.
10. Activities excluded from the scheme
As a reminder, service vouchers only cover household assistance at home (cleaning, laundry, ironing, minor sewing work, meal preparation, household shopping and accompanied transport of persons with reduced mobility). The following services are in particular excluded: childcare, care of sick or elderly persons, gardening, DIY work, cleaning common areas of buildings, services for a person who is not a member of your household, or any other service that does not fall within the legal scheme.
11. Personal and exclusive use
Service vouchers purchased in your name are strictly personal. Under no circumstances may you transfer, resell or use them for the benefit of another person who is not part of your household. Misuse of service vouchers may result in your exclusion from the service voucher system for a period of up to 3 years (5 years in the event of a repeat offence), as well as an obligation to personally reimburse the regional contribution.
12. Service agreement
In accordance with the new provisions in force since 1 January 2025, a service agreement must be signed between you and our company before the first service at your home. If you have not yet signed this agreement, we invite you to do so as soon as possible. Otherwise, we will be legally required to suspend the services.
13. Prior home visit
Before the first service, a representative of our office will visit your home in order to organise the work under the best possible well-being conditions for the worker. This visit is mandatory and will result in a document signed by you, the worker and the company representative.
14. Respect for the worker
Any harassment, violence or unwanted sexual behaviour towards the worker performing services in your home is strictly prohibited and constitutes grounds for exclusion from the service voucher system, in accordance with Article 3bis of the Law of 20 July 2001.
15. Contact point
If you encounter a problem with the worker during the service, you may contact our dedicated contact point, whose details have been communicated to you separately. This contact point is available throughout working hours.
16. Consequences of non-compliance
Failure to comply with the above rules may result in your exclusion from the right to purchase and use service vouchers for a maximum period of 3 years (5 years in the event of a repeat offence), as well as personal reimbursement of the regional contribution linked to the service vouchers concerned. Criminal or administrative fines may also apply to a user who knowingly and voluntarily participates in an offence.
If you have any questions or doubts concerning the services or the use of service vouchers, our team remains entirely at your disposal.
