Partner Driver
Terms & Conditions
This document supersedes any previous agreements between Amlyn Chauffeurs Ltd (“the Company”) and the Sub-Contractor.
Throughout this document, the following terminology will be used:
Terminology
“The Company” is used to refer to Amlyn Chauffeurs Ltd.
“Sub-Contractor ” is used to refer to the individual/Company providing the services as agreed below as per the instruction of Amlyn Chauffeurs Ltd.
‘The Customer/The Client’ is used to refer to the individual or company linked to Amlyn Chauffeurs Ltd.
Unless the context requires otherwise references to the singular include the plural and references to the masculine include the feminine and vice versa.
The headings contained in this document are for convenience only and do not affect their interpretation.
1. Terms & Policies
1.1 Payment terms
Invoices must show the Sub-Contractor ’s name, Company registration number/Unique Tax Reference and VAT number if applicable.
You will receive payment for all assignments direct from Amlyn Chauffeurs Ltd. All invoices will be for our attention and we will take payment from our clients/customers directly for all works done. Invoices will be paid within 30 days of the invoice being received by the Company.
As a Sub-Contractor , you are not an employee and have no entitlement to holiday pay, statutory sick pay, statutory maternity or paternity pay or redundancy.
No clauses in this agreement are intended to imply any interpretation of employment. The Company is under no obligation to provide continuing work to the Sub-Contractor . The Sub-Contractor shall be under no obligation to accept work from the company.
We understand that you have established your status as that of a Sub-Contractor and that you have submitted the appropriate registration forms to the Inland Revenue. You will need to be over the age of 18 years of age. You will be expected to account to the Inland Revenue for your taxation and National Insurance liabilities as a Sub-Contractor .
In the event of your non-compliance with the requirement set out above, which results in the Company becoming liable for any costs including tax and national insurance liabilities in respect of fees earned, you agree to reimburse the Company, on demand, the full amount of any such liability.
1.2 Contract Period
You will be a Sub-Contractor working through Amlyn Chauffeurs Ltd.
This contract period will be on a 1-month rolling contract from the start date.
Terms and remuneration must be agreed by all parties prior to confirming any new period of engagement.
No variation or alteration to the terms shall be valid unless approved in writing by a Director of the Company.
It is the Sub-Contractor’s responsibility to inform the company immediately if they are unable to do a job such as during times of illness.
The Sub-Contractor must act in a professional manner at all times, representing Amlyn Chauffeurs Ltd. You are not permitted to smoke, drink alcohol or take part in any other illegal substance when working. If you smoke, you may only do so on a break, out of customer sight. You must not use our company in reference to any social media that you may use, you represent our company and therefore should act in such a manner.
The Sub-Contractor must follow the Company’s policies and procedures.
1.3 Notice Periods
Should you wish to end this contract before the agreed term, you will be required to give 1 weeks notice to end this contract and we will also be required to give 1 weeks’ notice to end of this contract.
If you have been assigned to a Home to School Transport contract, you will be required to give 1 months notice end this contract and we will also be required to give 24 hours notice to end of this contract.
In the event that a client would like another Sub-Contractor , we may have no other alternative but to replace you for this client with no notice. In this instance, we would discuss this with both parties to establish the facts and try to come to a resolution to suit both parties.
2.0 Responsibilities and Obligations
Due to the nature of the job, you will be required to work across different locations as agreed by each driving job.
The Company reserves the right to vary the terms of this agreement where necessary for the efficient and smooth running of the Company.
You will not engage in any conduct detrimental to the interests of the Company which includes any conduct tending to bring the Company into disrepute or which results in the loss of custom or business.
You will not directly approach any client for work, should a client approach you, you should refer them to the Company. Should at any time it be found that you have contacted a client directly, we will not use your driving services again in our Company.
At all times, you must ensure that you take all reasonable steps to safeguard the safety of any person who is driving for the Company.
To comply with all statutory obligations and codes of practice to which the Sub-Contractor is subject in respect of its staff including but not limited to the Working Time Regulations 1998.
3.0 Legal Requirements & Liabilities
Each individual job carried out for the Company constitutes a separate contract between the Company and the Sub-Contractor , which will be governed by the Terms and Conditions of that contract.
3.1 Governing Law
This agreement shall be governed and construed in accordance with the Laws of England and shall be subject to the exclusive jurisdiction of the Court of England.
3.2 Liabilities
Amlyn Chauffeurs Ltd accepts no liability of any kind and however caused, arising directly or indirectly in connection with this contract.
Any breach of this agreement may result in remuneration due being withheld and action to recover any losses may be instigated.
The Sub-Contractor agrees to indemnify and hold the Company free from any claims or liabilities from the Sub-Contractor ’s work under this agreement.
The Company holds Public Liability Insurance that will cover the Sub-Contractor and detail of this can be provided on request, however, the Sub-Contractor must take out and maintain their own policy insurance in respect of any claims out of his/her liability, together with insurance in respect of claims for personal injury.
3.3 Confidentiality
You are required to keep confidential all our and our client’s information that is or could be deemed to be of a confidential or sensitive nature.
If you are ever uncertain what is confidential or sensitive, you must check this with a Director.
“Confidential Information” means any and all confidential commercial, financial, marketing, technical or other information or data of whatever nature relating to the Client or their business or affairs (including but not limited to this Agreement, data, records, reports, agreements, software, programs, specifications, know-how, trade secrets and other information concerning their business).
The Sub-Contractor shall neither throughout the Duration of this Agreement (except in the proper performance of their obligations) nor at any time (without limit) after the termination thereof, directly or indirectly:
Use for their own purposes or those of any other person, company, business entity or other organisation whatsoever;
Disclose to any person, company, business entity or other organisation whatsoever, any trade secrets or confidential business information relating or belonging to the Company or its associated companies, including but not limited to any such information relating to customers, customer lists or requirements, price lists of pricing structures, marketing and sales information, business plans or dealings, employees or officers, financial information and plans, designs, formulae, specific technical information, research activities, any document marked “Confidential”, or any information which they have been told is confidential or which they might reasonably expect the Company would regard as confidential, or any information which has been given to the Company or any Associated Company in confidence by customers, suppliers and other persons. Any items marked copyright.
The Sub-Contractor shall not at any time throughout the Duration of this Agreement make any notes or memoranda relating to any matter within the scope of the Company’s business, dealings or affairs otherwise than for the benefit of the Company or any associated company.
The Sub-Contractor must inform the Company of any direct contact from clients of the Company and refer them to the Company at all times.
3.4 Obligations as a Sub-Contractor
The Sub-Contractor must adhere to certain obligations such as following the codes of practice and policies that the Company follows.
3.5 The Company’s Expectations
The company is committed to equality and diversity. As a minimum equality standard, Sub-Contractor s must have the policy that all clients, receive no less favourable treatment on the grounds of:
· race
· religion
· ethnic or national origin
· gender,
· sexual orientation,
· transgender status or identity
· disability (including hidden impairments such as mental illness and relevant diseases)
· domestic circumstances
· social and employment status
· age
· political affiliation or Trade Union membership
3.6 Intellectual Property
All marketing material and other copyright protected works made or acquired by the Sub-Contractor in the course of carrying out their obligations under this Agreement, together with all the worldwide copyright and design rights in all such works, be and at all times remain the absolute property of the Company.
You agree that you will not use, divulge or communicate to any person, firm or organisation any of the trade secrets or other confidential, technical or commercial information of the Company relating to the business, organisation, accounts, analysis or other affairs of the Company which you may have received or obtained while working for the Company. This includes:
· Any information relating to the trading position of the Company including in particular names of suppliers, clients or customers.
· Any document or item marked as confidential.
In particular, you will not without the prior written consent of the Company, permit any confidential information:
· To be disclosed, whether directly or indirectly, to any third party in particular to other Sub-Contractor s providing the same services as Amlyn Chauffeurs Ltd, except to those authorised by the Company to know or as required by law; or
· To be copied or reproduced in any form or to be commercially exploited in any way; or
· To be used for your own purposes or for any purposes other than those of the Company or to be used or published by any other person; or
· To pass outside your control and that includes any social media sites.
3.7 Dress Code
The Sub-Contractor at all times must be dressed appropriately in accordance with the Company’s current requirements.
3.8 Restrictions
You shall not without the prior written consent of the Company for a period of 24 months from the date of termination of your contract either on your own account, as a Sub-Contractor , employee, or director of any other person from a Company either jointly with or on behalf of any other person, firm or Company:
a. Canvas solicit or approach or cause to be canvassed solicited or approached for services provided by the Company and in which you were substantially involved during your contract with the Company, any person who at the date of termination of your contract or in the year immediately prior to that date was a client or customer of the Company.
b. Interfere or seek to interfere with the continuation of supplies to the company from any supplier who supplied goods or services to the company in the year immediately prior to the date on which your contract terminated.
c. Whether as Director, employee, shareholder, consultant or otherwise carry on or be engaged, concerned or interested in the carrying on within the United Kingdom, any business which shall be in direct competition with the Company in respect of any of the goods and services provided by it.
d. Solicit, interfere with or attempt to entice away any Sub-Contractor who was hired by the Company on the date your contract was terminated.
e. The restrictions contained in this section are considered to be reasonable but if any of the restrictions are found to be void in circumstances where it would be valid if some part of it were deleted or the period or scope of application reduced it is agreed that the restrictions shall apply with such modification as necessary to make it valid.
Without prejudice to any contract or remedies which the Company may possess, if the Sub-Contractor shall make default in any one or more of the following respects:
i. Without reasonable cause, he wholly suspends the Company’s work before Completion, or
ii. Without reasonable cause, he fails to proceed with the Company’s work.
Then in each respect, the Company may issue a notice to the Sub-Contractor specifying the default. If the Sub-Contractor shall either continue such default for (e.g. seven) days after receipt of the notice or shall at any time thereafter repeat such default, then the Company may by written notice immediately end this agreement.
A signed copy of these Terms of Engagement must be returned to the Company before commencement of any work for Company.
The Sub-Contractor agrees to inform the Company if any circumstances should change at any time, including any medical history.
The Sub-Contractor agrees to keep up to date on current health and safety issues and to indemnify the company in respect of any claims.
The Sub-Contractor agrees that they have received and understood the Terms and Conditions and that they adhere to the contents therein.
The Sub-Contractor understands that they are an independent worker for all purposes and responsible for all Inland Revenue deductions from their earnings.
You would be advised to take appropriate professional advice before signing or agreeing to any contract.
3.10 Data Protection
The Company and the Consultant agree to comply with all applicable data protection legislation, including but not limited to the Data Protection Act 1998 and the rules under the GDPR legislation from 25th May 2018 and any subsequent amendments thereto. The Consultant agrees to the Company holding and processing personal data (including sensitive personal data) relating to him or her for personnel, administrative and management reasons.
