Driver Agreement

This document contains the main terms and conditions of employment which govern your service with Electway Ltd of [286b Chase Road, Southgate, London, England, N14 6HF ] (“Electway”).

1. Interpretation
  • 1.1.Clause and paragraph headings shall not affect the interpretation of this agreement.
  • 1.2. Words in the singular shall include the plural and vice versa.
  • 1.3. a “Party” or the “Parties” refer to the parties to this Agreement.
  • 1.4. “this Agreement” is a reference to this Agreement;
2. Term
This Agreement shall begin on the day you agree to provide the services and continue until terminated as set forth in this Agreement. The term of this Agreement may be extended by mutual agreement between the parties.
3. Services, Legal and Licensing Requirements, and Self Certification
  • 3.1. Driver will provide services as independent self-employed licenced private hire driver or London Taxi Driver. Such services require the Driver to provide a suitable vehicle and operate such vehicle at Driver`s own expense and risk.
  • 3.2. Driver certifies that he/she is:
  • 3.2.1. legally entitled to work in the UK,
  • 3.2.2. holding all necessary licences or permits to carry out the services and to ensure that all necessary permits, licenses and insurances are held at all times.
  • 3.2.3. in good standard of customer service and able to communicate effectively in English.
  • 3.3. Driver agrees to inform Electway immediately of:
  • 3.3.1. any changes in Driver`s personal circumstances such as change of address or contact numbers.
  • 3.3.2. any changes to the vehicle and to provide to Electway the necessary Private Hire or Public Hire Insurance Certificate, MOT, Registration Document & TFL Licensing Document reflecting such changes as and if required.
  • 3.3.3. any driving and accident record declared at registration.
  • 3.4. Driver further agrees to meet Electway`s training requirements and any additional training requirements specified by a Contracting Authority pertinent to an individual booking prior to commencement.
  • 3.5. Driver shall take direction from Electway. Additional services or amendments to the services described above may be agreed upon between the parties.
4. Equipment
  • 4.1. Driver shall provide at its own cost, subject to any agreement to the contrary specified all such necessary equipment as is reasonable for the satisfactory performance of the Services.
  • 4.2. If as a matter of convenience, Driver is provided with equipment by Electway for the purposes of carrying out the Services, Driver shall be responsible for ensuring that they preserve the security and condition of such equipment. If and to the extent that any equipment is lost while in Driver’s possession, Driver shall be responsible for the cost of any necessary repairs or replacement.
5. Method of performing services
  • 5.1. Driver is a professional who will use his/her own initiative as to the manner in which the Services are delivered provided that in doing so Driver shall co-operate with Electway and comply with all reasonable and lawful requests of Electway.
  • 5.2. Driver may provide the Services at such times and on such days as Driver shall decide but shall ensure that services are provided with skill and care as are necessary for the proper performance of the Services and in accordance with Electway`s Operating Procedures and Manuals.
6. Compensation
  • 6.1. Subject to providing the services as outlined above, Driver will be paid the sum earned per completed bookings which may originate from one or more Contracting Authorities less an administrative fee of [15]% of the relevant booking.
  • 6.2. Electway reserves the right to change the in subsection 6.1 described administrative fee at any time following reasonable notice to Driver.
7. Relationship
  • 7.1. Driver will provide Driver’s services to Electway as an independent contractor and not as an employee.
  • 7.2. Driver agrees that Electway shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums, pension or National Insurance Scheme (NIS) contributions on any amounts paid by Electway to Driver or amounts paid by Driver to its employees or contractors.
  • 7.3. Driver also agrees to indemnify Electway from any and all claims in respect to Electway’s failure to withhold and/or remit any taxes, employment insurance premiums, pension or National Insurance Scheme (NIS) contributions.
  • 7.4. Driver agrees that as an independent contractor, Driver will not be qualified to participate in or to receive any employee benefits that Electway may extend to its employees.
  • 7.5. Driver is free to provide services to other clients, so long as such other clients are not in competition with Electway and so long as there is no interference with Driver’s contractual obligations to Electway.
  • 7.6. Driver has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of Electway.
8. Termination
  • 8.1. Driver agrees that Electway may terminate this Agreement at any time without notice or any further payment if Driver is in breach of any of the terms of this Agreement.
  • 8.2. Electway may terminate this Agreement at any time at its sole discretion, upon providing to Driver 7 calendar days advance written notice of its intention to do so.
  • 8.3. Driver may terminate this Agreement at any time at its sole discretion upon providing to Electway 7 calendar days’ notice of Contractor’s intention to do so. Upon receipt of such notice Electway may waive notice in which event this Agreement shall terminate immediately.
9. Undertaking of Driver
  • 9.1. Driver warrants to Electway that by entering into and performing its obligations under this Agreement it will not thereby be in breach of any obligation which it owes to any third party.
  • 9.2. Driver is not a “managed service company”, as defined in section 61B of ITEPA.
  • 9.3. Where Driver is liable to be taxed in the UK in respect of consideration received under this Agreement, it shall at all times comply with ITEPA and all other statutes and regulations relating to income tax in respect of that consideration.
  • 9.4. Where Driver is liable to National Insurance Contributions (“NICs”) in respect of consideration received under this Agreement it shall at all times comply with the Social Security Contributions and Benefits Act 1992 (“SSCBA”) and all other statues and regulations relating to NICs in respect of that consideration.
  • 9.5. Driver will use reasonable endeavours to make him/herself aware of and comply with any statutory regulations and rules and regulations of Electway as Electway notifies Driver of (insofar as they are applicable to independent contractors) applicable to any location, systems or other property of Electway with which it is involved in the course of providing the Services. This includes health and safety, security, IT, systems and data protection policies.
10. Data Protection
  • 10.1. Electway and Driver will collect and process information relating to the Service in accordance with their privacy policies and under consideration of the DPA 2018.
  • 10.2. Driver acknowledges and consents that Electway:
    10.2.1. hold information relating to Driver`s conduct and personal details, and other such information that is necessary to fulfil licensing and business requirements;
  • 10.2.2. share this data with Contacting Authorities and service users;
  • 10.2.3. making checks on Driver`s licences, permits, referees and records; as reasonably and lawfully required to ensure the smooth operation of the service
11. Confidentiality and Non-disclosure
  • 11.1. As used herein, the term “Confidential Information” shall mean and include, without limitation, any and all trade secrets, secret processes, marketing data, marketing plans, marketing strategies, customer names and addresses, prospective customer lists, data concerning Electway’s products and methods, computer software, files and documents, and any other information of a similar nature disclosed to Driver or otherwise made known to him/her as a consequence of or through his relationship with Electway.
  • 11.2. All notes, data reference materials, memoranda, documentation, and records in any way incorporating or reflecting any of the Confidential Information shall belong exclusively to Electway, and Driver agrees to return the originals and all copies of such materials in his possession, custody, or control to Electway upon request or upon termination or expiration of the Term of this Agreement.
  • 11.3. Driver agrees during the Term of this Agreement and thereafter to hold in confidence and not to directly or indirectly reveal, report, publish, disclose or transfer any of the Confidential Information to any other person or entity, or utilise any of the Confidential Information for any purpose, except in the course of services performed under this Agreement.
  • 11.4. Because of the unique nature of the Confidential Information, Driver understands and agrees that Electway will suffer irreparable harm in the event that Contractor fails to comply with any of his obligations under this Clause 11 and that monetary damages will be inadequate to compensate Electway for such breach. Accordingly, Driver agrees that Company will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief to enforce the terms of this Clause 11.
12. Entire Agreement
This Agreement represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the Parties.
13. No Waiver
No failure or delay by either Party in exercising any of its rights under this Agreement shall be deemed to be a waiver of that right, and no waiver by either Party of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
14. Severance
In the event that one or more of the provisions of this Agreement is found to be unlawful, invalid or otherwise unenforceable, that / those provision(s) shall be deemed severed from the remainder of this Agreement. The remainder of this Agreement shall be valid and enforceable
15. Governing Law
This Agreement will be construed in accordance with and governed by the laws of England and Wales
16. Electronic Signatures
  • 16.1. Each party agrees that this Agreement herewith may be electronically signed, and that any electronic signatures appearing on this Agreement are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility. For the purpose of clarity, the following shall qualify as electronic signature: a) Checking a box or a ‘click to accept’ button; or b) Typing a name; or c) Pasting an image of a signature; or d) Drawing a name or initial with a stylus or by hand on a touchpad; and e) Electronically signing using an available third-party software application.
  • 16.2. This Agreement has been duly executed in digital format using electronic signatures on the date as set forth above, of which the Parties have taken one copy each.