Independent Contractor Agreement – Terms and Conditions
This independent contractor agreement (the “Agreement”) dated as at the date of acceptance of the terms and conditions to become an Independent Contractor performing parcel delivery services on behalf of Gophr.
Gophr Limited (Company Number: 08872811) with a registered office at Nexus Building, Letchworth Garden City, England, SG6 9BL (the “Company”)
The Contractor (the “Contractor”)
Our account creation process contains a check box that must be ticked before you sign up for the service to state that you have understood these Terms and Conditions. The contract formed is binding when you sign up as a Contractor. Before agreeing to these terms you should read this document (and all related information) to ensure that you understand.
- The Company provides a courier service that takes booking on line and allows customers to track and pay for their delivery using the internet (the “Business”)
- The Company wishes to engage the services of the Contractor to pick up and deliver parcels (“Deliveries”) on its behalf.
- The Contractor wishes pick up and deliver parcels on behalf of the Company
In Consideration of the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Company and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
- The Company hereby agrees to engage the Contractor to Pick up and deliver parcels on behalf of the Company (the “Services”).
- In performing the Services the Contractor shall:
- Supply their own vehicle to perform the Deliveries
- Be responsible for the proper maintenance of the vehicle used to perform the deliveries
- Be responsible for any costs incurred in the course of performing the deliveries, including but not limited to fuel and other running costs.
- Determine the hours in which they work
- Have full discretion on whether they accept and perform a delivery for the Company
- Be free to perform similar services for other parties.
- The Company shall not guarantee any minimum number of Deliveries or payments to the Contractor.
- The Company shall advise of Deliveries as they become available through the Gophr on-line platform, and the Contractor may accept or refuse to perform the Service.
- The Contractor shall perform the services in line with the Company quality expectations as Quality Expectations as published on the Company website.
Term of Agreement
- The term of this Agreement (the “Term”) will begin on the date of this Agreement and will remain in full force and effect for a period of three (3) months or until terminated by either Party.
- The Agreement may be terminated without notice at any time by either party.
- Except as otherwise provided in this Agreement, the obligations of the Company and the Contractor will end upon the termination of this Agreement.
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in Great British Pounds (“GBP”).
- For the Services rendered by the Contractor as required by this Agreement, the Company will provide compensation (the “Compensation”) to the Contractor based on the rates applicable for each delivery, as updated by the Company from time to time.
- The rates applicable to any assignment are available on the Company website.
- The Contractor only has rights to Compensation on performance of the Services, no minimum guarantee payments shall be made to the Contractor.
- No further benefits shall accrue to the Contractor.
- The Company shall provide a report and recipient created invoice to the Contractor on a weekly basis.
- Invoices shall be paid weekly on Friday for the 7 day period ending the preceding Friday.
- The above Compensation is inclusive of any Value Added Tax that may be applicable.
- The Contractor will be responsible for all income tax liabilities and National Insurance or similar contributions relating to the Compensation and the Contractor will indemnify the Company in respect of any such payments required to be made by the Company.
- Confidential information (the Confidential Information”) refers to any data or information relating to the Company, whether business or personal, which would reasonably be considered to be private or proprietary to the Company, and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Company.
- The Contractor agrees that they will note disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorised by the Company or as required by law. The obligations of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
Ownership of Intellectual Property
- All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registrations, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the “Intellectual Property”) that is developed or produced under this Agreement relating to the Business, will be the sole property of the Company. The use of the Intellectual Property by the Company will not be restricted in any manner.
- The Contractor may not use the Intellectual Property for any purpose other than contracted for in this Agreement except with the written consent of the Company. The Contractor will be responsible for any and all damages resulting from the unauthorised use of the Intellectual Property.
Return of Property
- Upon the expiry or termination of this Agreement, the Contractor will return to the Company any property, documentation, records, or Confidential Information which is the property of the Client.
- In providing the Services under this agreement, it is expressly agreed that the contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
- This Agreement is non-exclusive and the Contractor is free to provide Services to other parties.
- All Notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
- Gophr Limited
Letchworth Garden City
England, SG6 9BL
Details as provided when you set up your account
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
Modification of Agreement
- Company reserves the right to update the terms of the Agreement from time to time. If the Agreement is updated, the Contractor will be prompted to accept the changes before accepting any new Deliveries.
Time of the Essence
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators and permitted successors and assigns.
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
- Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminie and vice versa.
- It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of England, without regard to the jurisdiction in which any action or special proceeding may be instituted.
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provision will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.