CONTRACTORS CONTRACT TO PROVIDE SERVICES
This contract outlines the terms under which you will be providing services to eCourier
Please read this carefully and feel free to ask as many questions as you like until you fully understand it.
DO NOT SIGN THIS CONTRACTORS CONTRACT TO PROVIDE SERVICES UNLESS YOU UNDERSTAND IT AND AGREE TO BE BOUND BY IT
RECITALS
(A) The company provides courier delivery services.
(B) The contractor has certain skills and abilities, which the company wishes to utilise from time to time. In reliance upon these skills and abilities the company wishes to engage the contractor to provide the services set out in the schedule to this agreement.
IT IS AGREED AS FOLLOWS:
- PROVISION OF SERVICES
The company engages the contractor on a non-exclusive basis to provide the services and the contract agrees to provide the services on the terms set out below.
- DURATION
This agreement shall commence on date in section 11.5. and shall continue(subject to clause 5 below) until terminated by either party giving to the other not less than 7 days’ notice in writing.
3.STATUS AND TAX LIABILITIES
The parties declare it is their intention that the contractor shall have the status of a self-employed person and not a worker nor an employee and shall not be entitled to any pension, bonus or other fringe benefits from the company.
It is agreed that the contractor shall be responsible for the payment of any income tax liabilities and national insurance or similar contributions which may be payable in respect of the fees received pursuant to this agreement. The contractor agrees to indemnify the company against all demands for any income tax or national insurance contributions and/or interest or penalties in respect of the same made against the company in respect of the contractors services provided pursuant to this agreement and against the company’s costs of dealing with such demands.
The contractor agrees undertake to make their services available as outlines in the sub contractors starter pack. They understand and agree that deposits and monies owed to them may be held against "any claim(s)" against the company, breaches of contract, accidents and or loss or damage to company property or items in transit.
The contractor shall not at any time or for any purpose pledge the company’s credit or makes representations on the company’s behalf.
- CONTRACTORS SERVICES
During the currency of the agreement the contractor agrees to provide the services as and when required by the company at such locations and at such times as the company shall require with a view to meeting the company’s obligations to its customers. The contractor shall provide the company with at least 7 days’ notice if he is unable to provide the services requested by the company.
The company is under no obligation to provide the contractor with any work at any time, and the contractor may refuse to provide services.
The contractor shall provide the services with reasonable care and skill and to the best of his/her ability.
The contractor will:
Take all reasonable steps to ensure that the company and the company’s client’s property in his/her possession, custody or under his/her control will be held in a secure manner and any loss or damage is immediately reported to the company. The contractor will be liable up to a maximum £250.00 for any loss or damage to property he/she is carrying on behalf of the company or its clients.
Ensure that in his/her dealings with customers of the company and members of the public he /she is courteous and helpful at all times.
Attend an induction training session regarding the company’s customer services requirement.
4.1. Whilst it is acknowledged that the contractor is retained on a non-exclusive basis he/she shall not directly or indirectly either on his/her own account or on behalf of any other person, company, business entity or other organisation:
4.1.2. Provide services to any other business or other activity which does or might reasonably be expected to affect the performance of the services or conflict with his obligations under this agreement to the company.
4.2 During any periods where the contractor is unable to provide the services and provided that he has notified the company of the same, the contractor may on the terms set out below delegate the provision of the services to a suitably qualified and experienced individual who is not under the age of 17, “the delegate”.
In respect of any occasion where the contractor delegates the services in accordance with this clause, the contractor;-
4.2.1 Undertakes to ensure that the delegate is fully aware and fully complies with the terms of this agreement.
4.2.2 Undertakes to use his/her reasonable endeavours to ensure that the delegate provides the services with reasonable care and skill and to the best of the delegate’s ability.
4.2.3 Ensures that the delegate is at all times of smart appearance and carrying adequate identification.
4.2.4 Undertakes that at all times he/she will be responsible to the company for the satisfactory performance of the services by the delegate and for any default act or omission of the delegate for performance of the services and agrees to indemnify the company in respect to any loss, cost or claim arising from any such default act or omission at his/her own expense.
4.2.5 Undertakes to indemnify the company in respect of any loss or damage caused or occasioned by the delegate in relation to any event or accident in which the delegate was involved in the course of providing services.
4.2.6 Undertakes to pay the delegate for the services provided out of the fees paid to the contractor under clause 6.1 of this agreement and to indemnify the company against any claim against it for payment in respect of the provision of services by the delegate.
4.3 If the contract appoints an individual to assist him in providing the services (“assistant”), the contractor shall be responsible for all and any acts or omissions of the assistant, for the payment of the assistant and for any loss or damage caused or occasioned by the assistant in the provision of services and the contractor hereby undertakes to indemnify the company in respect of the same.
4.4 During any periods where the contractor is unable to perform the services personally or provide a delegate, the company has the right to appoint an alternative in the contractors place.
- TERMINATION
5.1 This contract may be terminated by the company, without notice, in the following circumstances:
5.1.1 If, in the opinion of the company or its duly appointed representative, any of the terms of this agreement have been breached by the contractor or the delegate which is in the case of a breach capable of remedy has not been remedied by the contractor within 14 days of receipt by the contractor of a notice from the company specifying the breach and requiring its remedy.
5.1.2 If in the company’s reasonable opinion the standard delivery criteria (as set out in the schedule to this agreement) are not met by the contractor or the delegate.
5.1.3 If the contractor conducts himself in any manner, which in the reasonable opinion of the company brings or is likely to bring the company into disrepute by association;
5.1.4 If the contractor shall make any composition or arrangement with his creditors or in the event of bankruptcy.
In the event of termination in any of the circumstances set out in clauses 5.1.1 to 5.1.4 there will be no entitlement to further payment or compensation following termination.
- FEES
6.1 The company shall pay the contractor a fee in respect of each parcel delivered and collected by the contractor or the delegate at the agreed rate or such other rate as shall be agreed from time to time.
6.2 The contractor shall be expected to deliver non-standard parcels from time to time for which a different rate may be agreed.
6.3 The contractor shall, on such days that he/she shall provide services pursuant to this agreement submit paper or electronic information, in a suitable format, detailing the number of parcels delivered and the time and location of each delivery and the name and signature of the recipient.
6.4 All payments to the contractor shall be made against by processing of the contractor’s documentation and payments shall be made within (14) days following the completion of the work, normally on the Friday of the following week.
6.5 The company will issue a statement/self-bill to the contractor each week to reflect the fees payable.
6.6 Payments by the company shall be without prejudice to any claim or rights, which the company may have against the contractor and shall not constitute any admission by the company as to the performance by the contractor of his obligations pursuant to this agreement. Prior to making any such payment the company shall be entitled to make deductions in respect of any disputes or claims whatsoever with or against the contractor.
- CONFIDENTIALITY
7.1. The contractor agrees that any unpublished information relating to the company’s technology know how, business plans, pricing strategies or finances or any such information relating to subsidiary supplier customer or client of the company acquired during the period of this agreement will be treated by him/her or any delegate as confidential and shall not be disclosed or permitted to be disclosed by him/her or his/her delegate to any third party or to be used or permitted to be made us by him/her or his/her delegate.
7.2 All stationary and other materials supplied by and belonging to the company and any copies thereof shall be returned by the contractor upon demand and in any event upon termination of this agreement. Upon termination the contractor will deliver to the company all goods, which have not been delivered by the contractor to the company's customers ensuring that all the records of customer transactions are completed and up to date.
- TRADE MARKS
The contractor may be provided with stationary for use in the provision of the services. Such material may contain registered or unregistered trade marks ("the marks") belonging to the company. The contractor undertakes to use the marks only in the manner stipulated from time to time by the company and not to use the marks for any other purpose whatsoever. In particular, the contractor undertakes not to use the company’s name or marks in relation to any publicity material or other similar communications to third parties.
- EQUIPMENT AND INSURANCE
The contractor shall provide all equipment necessary to provide the services at his own cost including provision of the motor vehicle in accordance with the terms set out in clause 9.2.
The contractor hereby declares that he/she is covered for business purposes by a suitable current third-party motor insurance policy which he/she uses from time to time to provide the services ("Motor Vehicle") and agrees to maintain such policy throughout the duration of this agreement. The contractor further undertakes that he/she has and at all times shall maintain a current tax disc in respect of the motor Vehicle and that he/she holds a current driving license. If at any time during the currency of this agreement the contractor shall be disqualified from driving, he/she shall notify the company immediately. For the avoidance of doubt the company shall be responsible for the provision of goods.
Loss of theft of parcels are in the contractor’s custody, are subject to £250.00 charge per parcel. The contractor shall be financially liable for the missing consignments.
The contractor shall ensure that any delegate he appoints to provide the services or assistant he appoints to assist him in providing the services is appropriately insured to drive any motor vehicle which the delegate or assistant chooses to use in order to provide the services and that any such motor vehicle is taxed and that the delegate or assistant holds a current driving license.
The contractor shall on request produce a current certificate of insurance relating to himself or any delegate or assistant for inspection by the company. Should the motor Vehicle or any motor vehicle of the delegate or assistant suffer damage during the provision of the services, the contractor hereby waives any claim against the company in respect of such damage.
The company will be relying upon the contractors skill, expertise and experience in his provision of the services and the contractor hereby agrees to indemnify the company in full in respect of all loss, damage, costs, and professional and other expenses of any nature whatsoever incurred or suffered by the company or by any customer of the company whether direct or consequential as a result of such reliance or in connection with the contractor's provision of the services. Nothing in this clause shall entitle the company to be indemnified by the contractor in respect of any liability, which it may incur due to death or personal injury resulting solely from the negligence of the company.
- INTRODUCTIONS
10.1 The company has several contracts, where contractors may provide services for extended periods with one particular client. If a contractor ceases to provide services through the company and commences to provide services for that client, having been introduced by the company then the contractor will be liable to pay an introduction or recruitment fee to the company equal to the invoice cost for one month for the services they had been providing.
- MISCELLANEOUS
11.1 This agreement sets out the entire agreement of the parties and supersedes all prior agreements and understandings relating to its subject matter.
11.2 Any amendments to this agreement must be in writing and signed by all parties.