Terms and Conditions for Self Employed Delivery Driver
1. Self-employed Status
- Self employed delivery drivers (the "Driver(s)") are engaged by droplocal.uk Limited (the "Company") to make deliveries and collections on behalf of customers of the Company (the "Services") but do so as a self-employed person and are not employed by the Company.
- Drivers are responsible for all income tax and national insurance contributions in respect of any fees that they are paid by the Company.
- As well as providing a service to customers of the Company, Drivers may carry out or provide a similar service for any other individual, firm, partnership or company.
- For further information regarding Self-Employment please refer to the HMRC website http://www.hmrc.gov.uk/employment-status/index.htm
2. Non-exclusivity and Substitution
- This appointment is mutually non-exclusive and the Driver shall be entitled, at his own expense, to substitute or to employ some other worker, having the requisite skills and who is acceptable to the Company, to perform the Services. The Driver shall in any event always provide such a substitute where the provision of the Services is unduly delayed by absence due to incapacity, or for any other reason upon notification by a duly authorised representative of the Company that the delay occasioned is unacceptable.
- The Driver is responsible for the quality of the work undertaken and shall ensure that the Services are performed with all reasonable care and without limitation and is wholly responsible for ensuring that anyone authorised by him/her to perform all or any part of the Services shall also do so competently and with reasonable care.
- The Driver shall be responsible for organising how and in what order the work is done, and shall liaise with the Company's representative to ensure that due account is taken of the impact of the timing of the work to be performed upon the activities of the Company and any other Drivers also engaged by the Company.
- The Company shall not be able to exercise control over the Driver such that he can be told where, how and when to work.
- The Driver shall be responsible for rectification of any unsatisfactory work at his own expense.
- The grant/acceptance of this appointment does not create any mutual obligations on the part of the Company or the Driver to offer/accept any further appointment and no continuing relationship shall hereby be created or implied.
- The Driver is responsible for the provision of safety equipment, protective clothing and adequate industrial accident insurance cover for himself and anyone authorised by him to perform all or any part of the Services.
3. Status of the Sub-contractor
- Nothing in this agreement shall be deemed to create any partnerships, joint venture or employment relationships between the parties.
- All payments made under this Agreement are expressed exclusive of any Value Added Tax chargeable thereon.
- No further payment will be made to the Driver for the Services over and above the entitlement contained in this clause and without limitation no payment will be made to the Driver in respect of any expenses incurred by the Driver in performing the Services.
4. How the Driver is Paid
- The Driver will be paid a fixed fee of two pounds (£2.00) for each Service provided to the Company.
- Drivers will be paid on a weekly basis via BACs payments to the bank details provided to the Company, based upon the number of Services provided to the Company in any prior week.
5. Parking Tickets/Fines
The Company is not responsible for any parking tickets or fines occurred by the Driver at any time while providing the Services.
- The Driver shall ensure that any vehicle being used by the Driver for the purpose of providing the Services is in a roadworthy condition, taxed and insured for commercial use for the delivery and collection of parcels on behalf of the Company and its customers.
- The Driver shall also insure against loss of or damage to goods in transit while the Driver is performing the Services.
7. Driver Liability
If, as a result of negligence or carelessness, a Driver causes damage to a customer's or third party's property, or cause injury to a customer or third party, the Driver is liable to the customer or third party for that damage or injury. We suggest taking out public liability insurance.
- This agreement is terminable at any time by the Company or by the Driver without notice and without giving any reason for such termination.
- Without prejudice to the generality of that provision, this Agreement shall terminate, notwithstanding any other rights and remedies the parties may have, in the following circumstances:
- If either party fails to comply with the terms and obligation of this Agreement and such failure, if capable of remedy, is not remedied within fourteen days of written notice of such failure from the other party;
- If the Driver becomes bankrupt or (if a company) enters into liquidation either voluntary or compulsory (save for the purposes of corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets.
- The termination of this Agreement shall be without prejudice to any rights, which have already accrued, to either of the parties under this Agreement.
- The Driver agrees with the Company that in accepting any Order for Services with the Company, the Company is facilitating the delivery of Items on behalf of customers of the Company. The Driver must not seek to enter into any separate agreement with any customer of the Company to provide a service similar to or in competition with the Service provided by the Driver for the Company, whether entering into an employment relationship or a sub contract arrangement or otherwise, whether during the term of this agreement or after its termination. If the Driver breaches this term, the Driver agrees to pay to the Company liquidated damages equivalent to one pound (£1.00) per Item that is delivered by the Driver in breach of these terms, for as long as the breach continues.
- This Agreement contains the whole agreement between the Driver and the Company and supersedes any prior agreement between the parties whether written or oral and such prior agreements are cancelled as from the date hereof and both parties acknowledge they have no claim against the other in respect of any previous agreement.
- The headings in this Agreement are for reference purposes only and shall not be incorporated into this agreement.
- In this agreement, unless the context otherwise requires, words in the singular include the plural and vice versa, words importing any gender include any gender, and a reference to a person includes a reference to a body corporate and to an unincorporated body of persons.
- This Agreement shall be governed by the laws of England.