Terms & Conditions
Last updated: 15 July 2024
GOPHR INDEPENDENT CONTRACTOR AGREEMENT
This Agreement shall be effective from the date on which the Contractor first carries out services under this Agreement using the Gophr App (the Commencement Date). In order to register, the Contractor is required to read, understand and accept the terms, conditions and schedules of this Agreement.
PARTIES
(1) Gophr Limited, a company incorporated in England and Wales with registered number 8872811 whose registered office is at Spitalfields House 1st Floor, Stirling Way, Borehamwood, England, WD6 2FX (the Company); and
(2) The individual or incorporated contractor registered on the Gophr App to deliver Services (the ‘Contractor’).
BACKGROUND
(A) The Contractor is in the business of delivering Packages.
(B) The Company wishes to engage the Contractor to provide Package delivery Services to the Company on the terms and conditions of this Agreement.
THE PARTIES AGREE
1. Definitions and interpretation
1.1. In this Agreement, unless the context requires otherwise, the following words and phrases have the meanings set opposite them:
Agreement | this Agreement including the schedules; |
Business Day | a day, other than a Saturday or Sunday, on which banks are open for normal business in England; |
Collection Point | means the address to which a Package is to be collected as notified by the customer to the Contractor at the time of requesting the Services; |
Confidential Information | all information or data (in whatever form) of a confidential or proprietary nature disclosed to or received by the Contractor (by any means), or to which the Contractor has access, whether or not labelled or designated as confidential, relating to the products, services, business or proposed business, finances, transactions, staff and affairs of the Company or any customer, supplier, employee or client of any such company, including Intellectual Property Rights, trade secrets, information in respect of which the Company is bound by an obligation of confidentiality to a third party and any other information which is designated as confidential by the Company or which the Contractor should reasonably be aware is confidential; |
Contractor Personnel | those of the Contractor’s agents, servants, employees and other individuals engaged in the provision of the Services; |
Delivery Point | means the address to which a Package is to be delivered as notified by the customer to the Contractor at the time of requesting the Services; |
Engagement | the engagement of the Contractor by the Company in accordance with the terms of this Agreement; |
Fee | the meaning given to it in Clause 5.1; |
Gophr App | the mobile device application made available by the Company for the Services; |
Insurance Policies | hire and reward insurance; goods and transit insurance; public liability insurance cover; and employer’s liability insurance cover if applicable; |
Intellectual Property Rights | any and all copyright, rights in inventions, patents, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, the right to sue for passing off, utility models, domain names and all similar rights and, in each case whether registered or not, including any applications to protect or register such rights, including all renewals and extensions of such rights or applications, whether vested, contingent or future, and wherever existing; |
Interest Rate | 2% per annum above the base rate of the Bank of England from time to time; |
Package | means any item that the customer wishes the Contractor to collect from the Collection Point and deliver to the Delivery Point; |
Personal Data | any information relating to a living individual who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the individual; |
Qualifications | the right to live and work in the UK; no unspent criminal record(s); a driver’s licence valid in the UK (not required for a bicycle or a cargo bike); hire and reward insurance; goods and transit insurance. |
Services | package delivery services as further described in Schedule 1; |
Termination Date | the date upon which this Agreement terminates for whatever reason; |
Vehicle | means any car, motorcycle, van or other form of transport used to deliver a Package. |
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- 2. In this agreement:
a. the schedules are incorporated into and form part of this Agreement;
b. any reference to any statute, statutory instrument, order, regulation or other similar instrument (including any retained EU order, regulation or instrument) will be construed as including references to any statutory modification, consideration or re-enactment of that provision (whether before, on or after the date of this Agreement) for the time being in force, including all instruments, orders or regulations then in force and made under or deriving validity from that legislation; and
c. a reference to ‘writing’ or ‘written’ includes email.
2. Duration and termination of the Agreement
The Contractor’s engagement under this Agreement commences on the Commencement Date and will continue until either party terminates by notice in writing.
3. Provision of services
3.1. During the Engagement, the Contractor will provide the Services to the Company in accordance with the terms of this Agreement.
3.2. The Contractor and/or the Contractor Personnel will provide the Services with all due skill, care and diligence as would be legitimately expected of a service provider delivering the types of Packages that are delivered.
3.3. The Contractor agrees to provide the Services on such days and at such times and in such places that are convenient for the Contractor from time to time. Upon successfully registering and being approved to provide Services on the Gophr App, the Contractor will be able to access job requests posted by customers. The Company is not obliged to require the Contractor to provide any Services and the Contractor acknowledges that:
3.3.1. the Company offers no guarantee that it will ask the Contractor to provide any Services at any time, or any minimum amount of the Services; and
3.3.2. the Contractor is not obliged to provide the Services when they are requested.
3.4. The Contractor or the Contractor Personnel will keep the Company and its customers informed of progress during the delivery of Packages and the compliance with any customer requirements communicated to the Contractor for those Services which the Contract has elected to provide via the Gophr App.
3.5. The Contractor will ensure that the Services are provided in accordance with the requirements set out in Schedule 1. If the Contractor is an individual they warrant and represents that:
3.5.1. they have provided genuine evidence of their own Qualifications to the Company upon registration on the Gophr App; and
3.5.2. they shall inform the Company immediately if any of the Qualifications of the Contractor have been or are at risk of being revoked or invalidated in any way.
3.6. The Contractor acknowledge that the Qualifications comprise a material obligation of the Company towards its customers and any failure in this regard will jeopardise the Company’s contracts with its customers, upon which contracts the Company’s business relies.
3.7. All information the Contractor uploads onto the Gophr App shall be in the format required by Gophr and shall relate strictly and solely to the Qualifications and Services. The Company reserves the right to edit and/ or remove any such information at any time and for any reason, including where the Company reasonably believes that the information is inaccurate or incomplete, does not meet with its formatting requirements and/ or does not relate to the Services. The Contractor shall not upload on to the Gophr App any other communication with any customers, any link to any URL located outside the Gophr App, nor any advertising for any product or service other than the Services.
3.8. The Services must be carried out using a Vehicle and a mobile device, and the Contractor will be liable, at the Contractor’s own cost, to keep any such Vehicle(s) in a roadworthy condition as required by the Insurance Policies and the mobile device(s) in a safe and proper operating condition.
3.9. The Contractor acknowledges that the Company shall have no control over the amount of time for which the Contractor and/or the Contractor Personnel are available to provide the Services and that the Contractor shall have full discretion over whether to provide the Services and deliver any Packages or not. The Contractor is free to perform services whether similar to the Services or otherwise, for any party including any of the Company’s competitors. The Contractor further affirms and acknowledges that Company does not guarantee any minimum number of Package deliveries or payments. The Company has no requirements as to uniforms and branding.
3.10. The Contractor will not (and will procure that the Contractor Personnel shall not) during the Engagement and for the period of 6 months after the Termination Date use or otherwise turn to the Contractor’s advantage or the Contractor Personnel’s advantage the knowledge of or any connection with any of the customers of or suppliers to the Company which the Contractor or the Contractor Personnel acquired during the Engagement so as to take any direct or indirect advantage of the business and other connections of the Company except for the Company’s advantage.
3.11. After the Contractor accepts a job offer on the Gophr app, they will be able to cancel the job without penalty for a period of 12o seconds, or 2 hours prior to the listed earliest pickup time. After that an administrative fee of £3 (Gross) will apply.
4. Contractor Personnel and reassignment
4.1. The Contractor may provide the Services through the Contractor Personnel. The Contractor will be responsible for all payments to and the expenses of the Contractor Personnel. For the avoidance of doubt, the Contractor will remain subject to the terms set out in this Agreement even if the Services are provided by the Contractor Personnel.
4.2. The Contractor Personnel must be appointed by the Contractor, and they must never have had any contract between them and the Company terminated by the Company.
4.3. The Contractor hereby warrants, represents and undertakes that the Contractor Personnel shall have all the relevant Qualifications. The Contractor shall retain satisfactory evidence of each Contractor Personnel’s Qualifications for its own records and shall be responsible for providing each Contractor Personnel with all the relevant terms of this Agreement. The Contractor shall provide the Company with satisfactory evidence of the Qualifications of any Contractor Personnel within 14 days of the Contractor Personnel providing the Services (and provide such evidence to any third party upon request).
4.4. The Contractor Personnel must use the Gophr App via a mobile device if available, or your Gophr Work App login details which you may only share with your Contractor personnel. The Contractor Personnel must keep the login details confidential and not share them with any other third party.
4.5. Once the Contractor has agreed to deliver a Package the Contractor may re-assign the delivery to another courier or courier company engaged directly by the Company with their agreement.
5. Fees
5.1. The Company will pay the Contractor the fee offered by the Company via the Gophr App for delivery of a Package which shall be exclusive of any VAT that may be applicable (the Fee). Payment will be by weekly bank transfer, upon generation of an invoice in accordance with Clause 5.2 and subject to Schedule 2 (customer cancellation and waiting time) of this agreement.
5.2. The Company will generate invoices on the Contractor’s behalf weekly in arrears.
5.3. The Contractor shall be responsible for paying the Contractor Personnel at rates agreed between the Contractor and the Contractor Personnel.
5.4. Where the Company disputes in good faith upon reasonable grounds any sum invoiced by the Contractor, the Company may withhold payment in respect only of the amount under dispute pending resolution of the dispute.
5.5. If any invoice (or any part of an invoice) remains unpaid at the due date for payment, such invoice will bear interest at the Interest Rate from the day after the due date for payment up to (and including) the date of payment of the invoice in full. If: (i) any sum invoiced by the Company on the Contractor’s behalf is disputed by the Company in accordance with Clause 5.4 and (ii) the parties agree that such sum will not be payable by the Company to the Contractor, then interest will be deemed not to have accrued in respect of that sum.
5.6. Payment by the Company will be without prejudice to any claims or rights which the Company may have against the Contractor and will not constitute any admission or waiver by the Company as to the provision of the Services by the Contractor under this Agreement.
5.7. The Company will be entitled to deduct from the Fee and any other sums due to the Contractor, any sum that the Contractor may owe to the Company at any time, including any sums under dispute in accordance with Clause 5.4, subject to such deductions being notified to the Contractor in writing.
6. Expenses
The Contractor will be solely responsible for all out-of-pocket expenses and normal overhead expenditure incurred by the Contractor or any Contractor Personnel in the provision of the Services.
7. Intellectual Property Rights and other compliance
7.1. The Company and/or its licensors own all intellectual property rights in and to the Gophr App. The Contractor has no intellectual property rights in, or to, the Gophr App, save that Company hereby grants the Contractor and the Contractor Personnel a non-exclusive, non-transferable, limited licence to the extent strictly necessary to access and use the Gophr App to provide the Services.
7.2. The Contractor undertakes that in communication with the Company’s customers, the Contractor and the Contractor Personnel will not infringe any Intellectual Property Rights or personal data rights under data protection law (as further described under clause 13), or any other rights of any third party. Neither the Contractor nor any Contractor Personnel shall conduct any direct or indirect marketing using personal data (which, for the avoidance of doubt, shall include all names, addresses, email addresses and phone numbers) that came into the Contractor’s or any Contractor Personnel’s possession through use of and activities on the Gophr App, nor will the Contractor or any Contractor Personnel disclose such personal data to any third party without the Company’s express written consent.
7.3. The Contractor undertakes on its own behalf and on behalf of the Contractor Personnel to comply with applicable laws at all times while providing the Services and behave in a manner intended to protect the Company’s good reputation.
8. Income Tax and National Insurance Contributions
8.1. The Contractor acknowledges that the Company will not be deducting income tax or any other tax or making or deducting any National Insurance contributions in respect of the provision of the Services and the Fee payable under this Agreement.
8.2. The Contractor will be responsible for, and will account to the appropriate authorities for, all income tax liabilities and National Insurance or similar contributions payable in respect of the payments made to the Contractor under this Agreement.
8.3. If any claim, assessment or demand is made against the Company for payment of income tax or National Insurance contributions or other similar contributions due in respect of the payments made to the Contractor under this Agreement, the Contractor will indemnify the Company against any liability, assessment or claim together with all reasonable costs and expenses and any penalty, fine or interest payable by the Company in connection with or in consequence of any such liability, assessment or claim, where such recovery is not prohibited by law.
9. No employment or benefits
9.1. The Contractor is acting as an independent contractor for the Company under this Agreement, and as such will not be entitled to any pension, bonus, holiday, sickness or other fringe benefits from the Company. Nothing in the terms of this Agreement will render the Contractor an agent, officer or employee, worker or partner of the Company and the Contractor will not hold itself out as such.
9.2. The Contractor will be fully responsible for and hereby indemnify the Company for and in respect of any liability (including reasonable costs and expenses) for any employment-related claim or any claim based on worker or employee status brought by the Contractor or any Contractor Personnel against the Company arising out of or in connection with the provision of the Services except where such claim is as a result of any act or omission of the Company.
10. The Contractor’s liability, indemnity and insuranceÂ
10.1. The Contractor acknowledge that it will have personal liability for, and will indemnify the Company for, any loss, liability, costs (including legal costs), damages and/or expenses incurred by the Company without limitation in connection with the Contractor’s breach of this Agreement, negligent act(s) or omission(s) during the provision of the Services, infringement of third party Intellectual Property Rights, and breach of the rights of Company’s customers and relevant data subjects under data protection law. Accordingly, the Contractor undertakes to maintain in force during the term of this Agreement and for a period of 1 year after the termination or expiry of this Agreement the Insurance Policies at appropriate cover.
10.2. The Contractor will ensure that the Insurance Policies are taken out with reputable insurance companies acceptable to the Company and with an adequate level of cover and other terms of the insurance which are acceptable to and agreed by the Company (and in the case of goods and transit insurance the Company considers that cover of at least £5,000 is required).
10.3. The Contractor agrees to produce for inspection by the Company on the Commencement Date and at any time on request by the Company a copy of the Insurance Policies and any relevant renewal confirmation(s).
10.4. The Contractor will notify the insurers of the Company’s interest and will if possible cause such interest to be noted on the Insurance Policies. The Contractor will pay over all insurance monies received by the Contractor under the Insurance Policies in relation to the loss, liability or costs (including any legal costs) incurred by the Company as a result of the Contractor’s negligence or breach of the terms of this Agreement in relation to the provision of the Services.
10.5. The Contractor will comply with all terms and conditions of the Insurance Policies at all times. The Contractor will immediately notify the Company if cover under the Insurance Policies is not renewed, or lapses, or is subject to material change, or if the Contractor becomes aware of any circumstances which may cause cover under the Insurance Policies not to be renewed, or to lapse, or to be subject to material change.
11. Our liability
11.1. The Company relies on third party providers (such as network providers, data centres and telecommunication providers) to make the Gophr App available. Whilst the Company takes all reasonable steps available to it to provide the Contractor with the Gophr App, the Contractor acknowledges and agrees that the Company does not warrant that the Gophr App shall be uninterrupted or fault-free at all times. The Company therefore shall not be liable in any way for any losses the Contractor may suffer as a result of delays or failures of the Gophr App.
11.2. Subject to the exceptions set out in Clause 11.3 and 11.4 below, the Company’s liability to the Contractor other than in relation to the matters sets out in clause 11.1 shall be capped at a maximum aggregate value of 20% of all sums paid to the Contractor by the Company in respect of Fees during the six (6) month period prior to the date on which the event or series of events giving rise to the claim (first) occurred.
11.3. The Company shall not be liable for:
a. consequential, indirect or special losses;
b. loss of profits, income or revenue;
c. loss of savings or anticipated savings, interest or productions;
d. loss of business or business benefits;
e. loss of contracts;
f. loss of opportunity or expectations;
g. loss of goodwill and/or reputation;
h. loss of marketing and/or public relations time and/or opportunities;
i. loss of data; or
j. loss of management or office time.
11.4. Nothing in these terms shall limit in any way the Company’s liability:
a. for death or personal injury caused by its negligence;
b. for fraud or fraudulent misrepresentation; or
c. for any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.
12. Confidential information
12.1. Except in the proper performance of the Contractor’s obligations under this Agreement, the Contractor will not during the period of this Agreement and after the Termination Date use for its own benefit or for the benefit of any other person, firm, company or organisation, or directly or indirectly disclose to any person (and must use its best endeavours to prevent publication or disclosure of) any Confidential Information which has come to the Contractor’s knowledge during or in connection with the Engagement, except to the Contractor Personnel or the Contractor’s professional advisers and in each case on a need to know basis only. For the avoidance of doubt and without prejudice to the generality of the foregoing, the Contractor and the Contractor Personnel must not contact a customer without the Company’s prior written consent other than as reasonably required for the proper performance of the Services.
12.2. The Contractor will not during the period of this Agreement make (otherwise than for the benefit of the Company) any notes, memoranda, records, tape recordings, computer programs or any other form of record relating to any matter within the scope of the business of the Company or concerning any of the dealings or affairs of the Company.
12.3. The restrictions contained in this Clause 12 will not apply to:
12.3.1. any Confidential Information which is already in or (otherwise than through unauthorised disclosure by the Contractor or Contractor Personnel) becomes available to, or within the knowledge of, the public generally; or
12.3.2. any use or disclosure authorised by the Company or required or protected by law.
13. Data protection and monitoring
13.1. The Contractor will comply with its obligations under the Company’s data protection policy and other relevant Company and customer policies, including in relation to criminal records information, internet, email and communications, and information security.
13.2. Without prejudice to the generality of Clause 13.1, the Contractor will:
13.2.1. co-operate fully with the Company in order to enable the Company to comply with its obligations under applicable data protection legislation;
13.2.2. implement and maintain appropriate technical and organisational measures against unauthorised and unlawful processing of Personal Data and against accidental loss and destruction of or damage to Personal Data;
13.2.3. process any Personal Data disclosed to the Contractor by or on behalf of the Company only:
a. for the purposes of providing the Services; and
b. for the purposes for which that Personal Data was obtained and is processed by the Company;
13.2.4. not transfer any Personal Data outside the UK without the Company’s prior written consent;
13.2.5. immediately provide such evidence of the Contractor’s compliance with its obligations under this Clause 13.2 as the Company may from time to time reasonably request;
13.2.6. immediately upon notification by the Company, take all appropriate action to enable the Company to properly comply with any request from a data subject in relation to access to and/or rectification or erasure of Personal Data; and
13.2.7. immediately notify the Company of any data breach relating to Personal Data about which the Contractor becomes aware.
13.3. The Company will collect and process Personal Data and special category data (also known as ‘sensitive personal data’) and criminal records data relating to the Contractor and the Contractor Personnel in accordance with its Data protection policy, available https://uk.gophr.com/privacy-policy/.
13.4. The Company may monitor the activities of all independent contractors in accordance with its data protection policy available https://uk.gophr.com/privacy-policy/.
13.5. The Company will inform the Contractor as soon as reasonably practicable of the receipt of any request for information that may include personal data relating to the Contractor or the Contractor Personnel, and will consider whether it has a lawful basis for disclosing the requested personal data (and, if applicable, whether it can rely on a specific condition for disclosing special category data) in accordance with the United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
14. Information obligations of the Company
14.1. During the Engagement the Company will afford the Contractor and the Contractor Personnel such access to the Gophr App and information, records and other materials as may be necessary to enable the Contractor to provide the Services.
14.2. The Company will advise the Contractor of its policies from time to time in force via the Gophr App or otherwise, and the Contractor will ensure that it and the Contractor Personnel comply with any such policies.
15. Statements
The Contractor will not (and shall procure that the Contractor Personnel shall not) at any time, whether during the period of this Agreement or at any time after it ends, make any public statement in relation to the Company or its businesses, affairs, customers or clients or officers and employees and will not after the Termination Date represent itself as still being engaged by or connected with the Company except that this Clause 15 will not prevent the Contractor at any time acknowledging the fact that it is, or has been, working with the Company.
16. Obligations on termination
16.1. The Contractor will immediately upon termination of this Agreement and, if requested by the Company, at any time during the Engagement, surrender to a person duly authorised by the Company all computer programs, reports, manuals, files, notes, accounts, documents, correspondence, books, materials, papers and information (on whatever media and wherever located) and any other property of the Company or their customers that have been made or received by the Contractor and any Contractor Personnel during the course of providing the Services (whether in terms of this Agreement or any other agreement or arrangement between the Company and the Contractor) and which are in the Contractor’s possession or under its control and/or in the possession or under the control of any Contractor Personnel.Â
16.2. The Contractor shall complete all Services accepted through the Gophr App on or before the date of termination and then cease all use of the Gophr App. All rights granted hereunder shall cease on the date of termination; and Company shall revoke the Contractor’s access to its account and content, and remove its Services from the Gophr App as soon as reasonably practicable.
16.3. The Company shall pay within two weeks of the effective date of termination any outstanding Fees for Services delivered prior to the effective date of termination.
16.4. Immediately on the termination of this Agreement, and subject to the Company’s data retention guidelines and applicable laws, the Contractor will (and shall procure that the Contractor Personnel will) irrevocably delete any information relating to the business of the Company stored in any magnetic or optical drive or memory, and all matter derived from such sources, which is in the Contractor’s or Contractor Personnel’s possession or under its or their control outside the premises of the Company.
16.5. On the termination of this Agreement the Contractor will, if requested by the Company, provide a signed statement that it has fully complied with its obligations under this Clause 16.
17. Restrictions on assignment/sub-contracting
The Company may freely assign, delegate, sub-contract or otherwise transfer its rights and obligations under this Agreement to any company with which it may merge or to any company to which it may transfer its assets and undertaking. The Contractor may not assign this Agreement or any of its rights and obligations under it, but may sub-contract to one or more of the Contractor Personnel as set out under Clause 4 on condition that the Contractor remains liable for all their acts and omissions as if they were the Contractor’s own.
18. Notices
18.1. Notices under this Agreement shall be in writing and sent to a party’s email address suppliers@gophr.com and provided by the Contractor during registration respectively (in each case as amended in writing from time to time). Notices shall be deemed received the next Business Day after transmission.
18.2. This clause does not apply to notices given in legal proceedings or arbitration.
19. Entire agreement
This Agreement constitutes the entire and only legally binding agreement between the parties relating to the Engagement and supersedes any previous understandings, arrangements, representations, negotiations or agreements between the parties, provided that nothing in this Clause 19 will have effect of excluding the liability of either party for fraud or fraudulent misrepresentation.
20. Variation
No variation of this Agreement shall be valid or effective unless it is in writing, refers to this Agreement and is duly signed or executed by, or on behalf of, each party.
21. Set off
The Company may set-off any sums owed to it by the Contractor against any sums it owes the Contractor under this Agreement.
22. No partnership or agency
Nothing in this Agreement constitutes, or shall be deemed to constitute, a partnership between the parties nor make any party the agent of another party.
23. Remedies and waiver
Any remedy or right conferred upon the parties for breach of this Agreement will be in addition to and without prejudice to all other rights and remedies available to the parties. No failure or delay by the parties in exercising any remedy, right, power or privilege under or in relation to this Agreement will operate as a waiver of that or any other right, power, remedy or privilege, nor will any single or partial exercise of any right, power, remedy or privilege preclude any other or further exercise of that or any other right, power, remedy or privilege. Termination of this Agreement shall not affect the rights of either party accruing or accrued prior to the termination of this Agreement.
24. Severance
If any provision of this Agreement (or part of any provision) is or becomes illegal, invalid or unenforceable, the legality, validity and enforceability of any other provision of this Agreement shall not be affected.
25. Third party rights
The Contracts (Rights of Third Parties) Act 1999 will not apply to this Agreement and no person other than the Contractor and the Company will have any rights under it.Â
26. Disputes and Governing law
This Agreement and any dispute or claim arising out of, or in connection with, it, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales.
27. Disputes and Jurisdiction
27.1. Should any dispute arise between the parties, each part will attempt in good faith to resolve it (without limitation) by reperformance of their obligations, and reasonable negotiations. Should this be unsuccessful after 30 days of such dispute arising, the parties may submit their dispute to the courts or continue good faith resolution efforts.Â
27.2. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of, or in connection with, this Agreement, its subject matter or formation (including non-contractual disputes or claims) save that the parties shall be entitled to commence injunctive or enforcement proceedings in any court of competent jurisdiction.
Schedule 1
This Schedule further describes the services to be performed by the Contractor on the terms and conditions of this Agreement (the Services). Defined terms used in this Schedule shall have the meanings set out in the Agreement unless the context requires otherwise.
I. Service level agreements
a. All delivery jobs should be completed within the pickup and delivery window/s displayed prior to acceptance of the job.
b. Where a job is a shift the courier should be available at the designated starting location at the designated start time, and should carry out all delivery jobs within the booked time window, and scope of the shift. The courier should not leave the shift until the end of the shift period. If the shift period is likely to overrun then the courier should contact the Gophr Ops team for further instruction.    Â
c. Where specific instructions are listed at pickup or delivery inside the Gophr App these should be followed. These may include but are not limited to:Â
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- Taking a photograph of the package at location (including door numbers, full parcels, and an open door where possible).
- Following specific leave safe instructions (where displayed in the Gophr App).
- Recording the location of any parcel that is left in a safe place.
- Signing off every parcel that has been picked up and delivered, and notifying the Gophr Operations team via the live chat of any missing or damaged parcels.
- Checking the ID of the recipient where a parcel requires that it is only delivered to a specific named person.
- Checking the age of the recipient where the parcel contains age restricted goods.
- Recording the full name of the recipient and any relevant notes where requested.
- Entering the unique code known to the recipient in the app to verify delivery.
d. Maintaining a clean and roadworthy vehicle.
e. Acting in a polite and professional manner towards customer and Gophr staff at all times.Â
f. Ensuring all equipment is clean and serviceable including: cool bags, transport blankets, packing straps, and any other transport bags.
g. Following any training guides issued for a specific customer or industry.
h. Contacting the customer in the event of any delays even if these are not directly caused by the courier.Â
i. Contacting the Gophr Ops team to advise of any issues that might prevent a delivery from successfully being carried out.
II. Order changes
In the event that the customer wishes to amend the order, the Contractor will be notified and if the Contractor does not agree to the amendment the job will either remain as agreed at job acceptance, or it shall be deemed to be a customer cancellation and Schedule 2 shall apply.Â
Schedule 2
If the Contractor agrees to deliver a Package and the customer cancels the delivery, the following shall apply to the Fee.Â
If the Contractor has not agreed to deliver the Package and the customer cancels | No payment |
If the Contractor has agreed to deliver the Package and the customer cancels more than 60 minutes before the earliest collection time | No payment |
If the Contractor agreed to deliver the Package and the customer cancels less than 60 minutes before the earliest collection time | 30% of the Fee (excluding VAT) will be paid up to a maximum of £25 |
If the Contractor has agreed to deliver the Package and the Courier or any Courier Personnel has marked themselves at the Collection Point. | 60% of Fee (excluding VAT) will be paid up to a maximum of £35 |
If the Contractor or any Contractor Personnel has collected the Package and is on their way to the Delivery Point. | Between 60% and 100% of the Fee (excluding VAT) depending on how much distance has been covered (on a linear scale).
For example 1/4 of the distance would be 70% of the Fee, 1/2 distance 80% of the Fee and 3/4 distance 90% of the Fee. |
If the Contractor or any Contractor Personnel have marked themselves at the Delivery Point. | 100% of the Fee (excluding VAT) will be paid |
Waiting time:
Where a courier has arrived within the pickup or delivery window/s and is required to wait longer than 10 minutes, the Contractor will receive payment for every additional full minute waited.