Part 2/11: Subcontractor/Supplier Contract Agreement For Services
The “Subcontractor / Hirer”:
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CommencementThis agreement shall commence:
17/04/2021 till contract ends*
The Company’s business involves the resourcing and supply of self-employed suppliers and independentcontractors specialising in the provision of multi-drop parcel delivery services, which the Company provides toits clients at various UK geographic sites and locations.
The purpose of this contract is not to establish an employment relationship, but to define the extent under which therelationship between the SUPPLIER (Regulux Transport Ltd) and the INDEPENDENT CONTRACTOR. The INDEPENDENTCONTRACTOR is in business on their own account as a Courier Driver, whom agrees to provide the following services to theContractor:
TAX AND NATIONAL INSURANCE ARRANGEMENTS
The Independent Contractor is entirely responsible for their own Tax and National Insurance arrangements and will providethe Supplier (Regulux Transport Ltd) with appropriate evidence to support the status. Independent Contractor isresponsible for ensuring he complies with the HMRC legislation regarding Tax and National Insurance. The Supplier(Regulux Transport Ltd) also requires the Supplier, at the earliest opportunity, and before receipt of any payments forservices provided, to furnish the Supplier (Regulux Transport Ltd) with their personal Unique Tax Reference (UTR)number. The Supplier (Regulux Transport Ltd) reserves the right to withdraw the offer of services to the IndependentContractor in the event that the Independent Contractor, after due notice, and without reasonable explanation fails toprovide his UTR number within the timeline detailed in this clause.
STANDARDS OF PERFORMANCE AND CONDUCT
If the Independent Contractor standards of performance and conduct cause dissatisfaction, actions may be taken such as,RE-TRAINING in class room, RE-TRAINING on road – no further work will be offered until completing.
PRINCIPLES – see schedule 3
i. The Independent Contractor agrees that they are 18 years of age or older.ii. The Supplier (Regulux Transport Ltd) reserves the right to change or discontinue any aspect of delivery routes, temporarily or permanently with or without notice to Independent Contractor.iii. Under no circumstances, the Independent Contractor to accept payments for goods or services from customers or clients of Supplier (Regulux Transport Ltd).or clients of Supplier (Regulux Transport Ltd).iv. Independent Contractor acknowledges that the Supplier (Regulux Transport Ltd) will require every 3 months to check Driver’s details with DVLA for any endorsements. As no more than 6 Points, DDR or IN10 is accepted by the Supplier (Regulux Transport Ltd)v. Supplier (Regulux Transport Ltd) prohibits the use of their van to engage in any illegal, improper, actionable or criminal activity and to comply with all applicable law.vi. The Independent Contractor shall use the van (given by Regulux Transport Ltd) to carry out work for just the Supplier (Regulux Transport Ltd).vii. Independent Contractor is solely responsible for the van, any damages caused to it will be charged to the Independent Contractor plus the VAT.viii. The cost of any fines, such as parking ticket, toll fines or impound fees resulting from improper parking or operation of the van is the responsibility of the Independent Contractorix. Independent contractor shall promptly report any vehicle accident involving bodily harm or property damagesoon as possible (within1 hour to the Supplier (Regulux Transport Ltd).
INSURANCE AND LIABILITYAll Independent Contractors agree to have minimum of £25,000 GOODS IN TRANSIT & £5,000,000 PUBLIC LIABILITY for and shall indemnify Supplier (Regulux Transport Ltd) for any loss, liability, costs (including reasonable legal costs), damages or expenses arising from any breach by you, or any substitute engaged under this agreement, of the terms of this agreement, including any negligent or reckless act, omission or default in the provision of the Services and shall maintain in force during the period of this agreement adequate insurance cover with reputable insurers acceptable to Supplier (Regulux Transport Ltd).
AVAILABLILITY FOR WORKWhen offered work by the SUPPLIER (Regulux Transport Ltd) to the Independent Contractor, the Independent Contractor may accept it or refuse it. Any refusal to accept work will not disqualify the Independent Contractor being offered further work when another opportunity arises
Use of SubstituteThe Independent Contractor is free to send a suitably skilled and qualified substitute or hired assistant in his place to provide the Services on their behalf provided, in the reasonable opinion of the Company and its Client, the Substitute possess the necessary skills, qualifications and experience as set out in Schedule 3 to provide theservices.
Where a substitute or hired assistant is sent by the Independent Contractor there shall be no contractual or financial relationship between the Supplier (Regulux Transport Ltd) andthe substitute or hired assistant. The Independent Contractor is solely responsible for arranging payments to the substitute or hired assistant and for ensuring such persons possess the necessary skills, qualifications and licences to perform the services.If, and only if, the Supplier (Regulux Transport Ltd) is not reasonably satisfied the substitute or hired assistant has the necessary skills or qualifications to provide the services it may reject the use of such substitute or hired assistant.
CONTROL AND DIRECTION – see schedule 3The Independent Contractor will not work under the discretion and control of the Supplier (Regulux Transport Ltd) and is free to use their initiative in completing the agreed work. The Independent Contractor will have the flexibility about working hours ‘’ not exceeding 10.5hrs per day or 63 hrs per week ‘’ and is not obliged to seek permission to leave a site at any time but will nonetheless support the Supplier by making all reasonable attempts to work within agreed overall deadlines. In addition, the Independent Contractor is expected to observe HEALTH AND SAFETY Regulations regarding working hours and to comply any required procedures for site security or recording attendance for the specific purposes of HEALTH AND SAFETY Legislation or other site operational requirements.
HEALTH AND SAFETY – see Schedule 3The Independent Contractor should take all reasonable measures to safeguard their own health and safety and that of any other person who may be affected by their actions. While the Independent Contractor’s method of service delivery is their own, the Independent Contractor agrees, that in the interests of Health and Safety obligations imposed on the Supplier (Regulux Transport Ltd), they will follow such reasonable operational rules relating to their own, the Supplier’s and end-clients security, road safety and applicable national and local laws and bye-laws in so far as they are reasonably applicable to independent persons in business on their own account. The Independent Contractor retains the right to choose to provide the services in accordance with this agreement; however, they should also agree to meet the criteria, as detailed in Schedule 3, which sets out the minimum service standards expected by the Supplier (Regulux Transport Ltd) and end-userclient(s).The Independent Contractor will not hold himself out to be an employee or representative of the Company, save as both parties acknowledge for health and safety or security purposes the Supplier may need to be identifiable as an Independent Contractor of the Company.
Data ProtectionThe IndependentContractoragrees that under a separate agreement, and in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679, they have been offered and has provided the appropriate consent to the Company to collate, retain and process data relating to them and/or any Substitute, under their control, for legal, personnel, administrative and management purposes and in particular to the processing of any “sensitive personal data” (as defined in the GDPR legislation) relating to the Supplier if strictly necessary, to include information relating to any criminal proceedings, in which the Independent Contractor has been involved, for insurance purposes and in order to comply with legal requirements and obligations to third parties. The Independent Contractor shall comply with relevant obligations under the Data Protection Act 1998 and GDPR, and associated codes of practice, when processing personal data relating to any employee, worker, customer, Supplier or agent of the Company.
DISBURSEMENT AND RISKSFor the avoidance of doubt the Supplier shall bear any/all expenses or disbursements incurred in providing the Services, including:
EQUAL OPPORTUNITIESRegulux Transport Ltd (SUPPLIER) recognises that discrimination is unacceptable and equality of opportunity is a feature of the Supplier’s (Regulux Transport Ltd) practices and procedures and the Supplier operates a formal equal opportunities policy. Breaches of the policy will lead to investigation and if appropriate further actions.The aim of the policy is to ensure no person is discriminated against either directly or indirectly on the grounds of race, colour, ethnic or national origin, religion and belief, sex, marital status, sexual orientation, gender reassignments, age or disability.SUPPLIER (Regulux Transport Ltd) maintains a neutral working environment in which no person feels threatened or intimidated. The Independent Contractor is obliged not to act in a discriminatory fashion towards the Contractor’s employees, workers or other Independent Contractor.
PAYMENT – see schedule 2The day rate price will be agreed Between Supplier (Regulux Transport Ltd) & Independent Contractor (see schedule 2) Written tenders are not required. Regulux Transport Ltd (Supplier) and Independent Contractor are obliged to honour any agreed price. (The current Service Rate Card and Remuneration can be found at schedule 2 to this Contract for Services).
The Supplier (Regulux Transport Ltd) facilitates payments on receipt of invoice on a weekly basis, setting out the extent of the services provided to the Supplier (Regulux Transport Ltd) during the preceding week and any VAT payable (if applicable). The Supplier (Regulux Transport Ltd) will validate the invoice detail and pay such invoices within 14 Days.
If/where applicable, the Independent Contractor agrees that the Supplier (Regulux Transport Ltd) may deduct from any sums payable any sums that the Supplier may owe the Company, in respect of, and where applicable;
Vehicle rental (including relevant courier insurance) of refer to Appendix Two, If/where applicable, the Independent Contractor agrees that the Supplier (Regulux Transport Ltd) may deduct from any sums payable any sums that the Independent Contractor may owe the Company, in respect of, and where applicable, vehicle rental; insurance, (goods in transit, public liability – if using Supplier Vehicle and all blameworthy vehicle and client customer property damage.
The Independent Contractor agrees that they will be liable for any costs to repair damage to the vehicle up to the value of the insurance excess £1500, or in respect of traffic violations including, but not restricted to, parking tickets and/or speeding fines. The Independent Contractor will also be liable for any additional administrative costs, levied by any local authority or vehicle rental company, in addition to the cost for traffic violations, parking tickets and/or speeding fines.
The Independent Contractor is responsible for all their personal and private costs of travel to and from the location where the services are provided.The Independent Contractor will receive no payment for any period where services are not provided, and the Independent Contractor will receive no payment for any works cancelled by the Independent Contractor regardless of any reason as to why works are cancelled. The Supplier (Regulux Transport Ltd) will make payment to the IndependentContractor for any payments received from the client in respect of ‘aborted routes’ i.e. designated routes cancelled at short notice by the Client.
The Supplier is engaged as a self-employed Supplier and understands and agrees that they are not entitled to any statutory payments such as holiday pay, sick pay, maternity/paternity pay or any other payment of any kind.
DRUGS AND ALCOHOL TESTING – see schedule 3The nature of your job means that it is essential that you are not under the influence of drugs or alcohol at any time when you are providing services to Supplier (Regulux Transport Ltd). The Supplier (Regulux Transport Ltd) or its Client reserves the right to carry out random testing of Independent Contractors of Supplier (Regulux Transport Ltd) to ensure that this requirement is complied with. Testing is carried out by a qualified tester from Supplier (Regulux Transport Ltd) Client’s trusted partners Alere Toxicology.
THEFTSupplier (Regulux Transport Ltd) will not tolerate theft of its property, client’s property, employee’s property either physically or intellectually from any employee or visitor on Supplier (Regulux Transport Ltd) premises or Its Clients premises. Theft is a criminal offence and a serious violation of the Supplier (Regulux Transport Ltd) standards of conduct.
Withdraw Services AgreementRegulux Transport Ltd may at any time Withdraw your engagement with immediate effect :
(a) Commiting any serious breach affecting the Business of Supplier (Regulux Transport Ltd)(b) Commit any serious or repeated breach or non-observance of any of the provisions of this agreement or refuses or neglects to comply with any reasonable and lawful directions of Supplier (Regulux Transport Ltd)(c) Are convicted of any criminal offence (other than an offence under any road traffic legislation in the United Kingdom or elsewhere for which a fine or noncustodial penalty is imposed);(d) are in the reasonable opinion of the board of directors of Supplier (Regulux Transport Ltd) (including any committee of the board duly appointed by it) negligent or incompetent in the performance of the Services;(e) Are declared bankrupt or makes any arrangement with or for the benefit of his creditors or has a county court administration order made against him under the County Court Act 1984;(f) are incapacitated (including by reason of illness or accident) from providing the Services for an aggregate period of 120 days in any 52-week consecutive period;(g) other than as a result of illness or accident, after notice in writing, wilfully neglect to provide or fail to remedy any default in providing the Services;(h) Where the Independent Contractor fails to complete the work on regular basis.
Schedule 1 – Key Service Levels (KSL’s)Due to the nature of the services provided by the Supplier, service levels are of the upmost importance in order for the Supplier (Regulux Transport Ltd) to fulfill its key obligations with its clients. The Independent Contractor agrees and understands that the services provided by them must meet the standards expected of a professionalism
1.2 First Day Delivery SuccessKnown, and measured, as percentage of shipments that have been successfully delivered on the first day they are sent out for delivery (i.e. dispatched)
Deliverables will be deemed to have been delivered on time if the Parcel has been:a) delivered to the addressee;b) left safe as instructed as shown on the Equipment;c) posted as instructed on the Equipment;d) delivered to a neighbour and details recorded on the Equipment; ore) customer refuses delivery and details are recorded on the Equipment.
1.3 Customer Concessions Defect per Million Opportunities (DPMO)Concessions are quality performance measures which are given to the client’s customers when they have legitimategrounds to dispute service provided in the quality of the delivery experience.The “Driver Attributable DPMO” also known as “DNR DPMO” is the number of Deliverables which do not conform to a relevant customer specification, are lost, damaged or stolen during the course of you providing the Services (and where a concession is granted) in the week, expressed as a DPMO for the total number of units delivered by you during the course of the provision of Services in the same week.Note: The client stipulates that you will have no right to challenge the calculation of ‘Attributable DPMO’s’ provided by the client.Delivery Exception Defect per Million Opportunities (DPMO)Delivery exception measures manual debrief of a shipment, which was not scanned for delivery using the client’s ‘rabbit’ application.
1.4. Non-attainment of a KPIIf minimum services levels are not reached or consistently maintained the Independent Contractor acknowledges this may lead to reduction or withdrawal of the Independent Contractors services indefinitely or until the Independent Contractor can satisfy the Supplier it can achieve the service levels required.
Schedule 2 – Service Rate Card PaymentsDESCRIPTION AMOUNTFull delivery route Refer to Appendix Two (Pay increases will be confirmed verbaly which are temporary increases) + business mile, + BYOD Refer to Appendix Two
Training Payments; Induction and Ridealong Refer to Appendix Two – Paid with first invoice DPMO Incentives:• DPMO (0-300) Refer to Appendix Two• DPMO (301-450) Refer to Appendix Two• DPMO (451-800) Refer to Appendix Two
The above list is not exclusive and bespoke payments may be agreed between the Supplier and the DSPrepresentative. DPMO incentives are subject to the Supplier(s) providing services to the DSP at specific clientlocations collectively achieving the incentive criteria.
Schedule 3 – Health & Safety and Security Requirements The Independent Contractor confirms that in order to provide the services safely and legally they can meet the following, prior to commencement of the services (and agrees the Supplier can provide such information to its Client):
a) is eligible to work in a self-employed capacity in the United Kingdom (in accordance with Government best practice requirements) and has registered with HM Revenue & Customs as self-employed (and can provide evidence upon request);b) Is over 18 years of age;c) Can provide confirmation of current work status, and reasons for leaving previous work for previous twenty-four (24) months;d) passes a criminal background check, including but not limited to drivingoffences;e) Confirmation that in providing services to the Supplier they will not be in breach of any other regulatory requirement;f) Passes a Medical fitness for work check;g) Passes a drug and alcohol screening test;h) has at least 6 months’ experience in like Vehicle within the last threeyears;i) holds a current and valid driving licence (either a UK licence or a European Community/European Economic Area(EC/EEA) license, but if the latter they must hold a valid driving license counterpart for non-GB license holders (DELLA D9 form));j) Has had no major preventable collisions within the previous threeyears;k) does not have more than 6 penalty points (endorsements) on their drivinglicense;l) has not committed more than 3 driving related offences of any kind in the last 4 years; For and on behalf of Regulux Transport Ltd:m) does not currently have penalty points (endorsements) on their driving licence in relation to Offence Codes CD40, CD50, CD60, CD70, CD80 or CD90;n) does not currently have penalty points (endorsements) on their driving licence in relation to Offence CodesDD40, DD60, DD80, DD90;o) does not currently have penalty points (endorsements) on their driving licence in relation to Offence CodesDR10, DR20, DR30, DR40, DR50, DR60, DR70, DR80, DR90;p) does not currently have penalty points (endorsements) on their driving license in relation to Offence CodesIN10, MS50 or UT50;q) is not currently disqualified from driving (this includes having their license suspended);r) does not have any unspent convictions on their criminal record (driving related or other).s) can speak fluent English, has a high level of written English skills, and passes appropriate numeracy tests.t) Confirmation of whether he has previously ceased providing services to the Company or its Client for any reasons of unsuitability1. During the provision of the services the Independent Contractor agrees and consents that the Supplermay undertake ongoing checks at such intervals as it deems appropriate, with no further notification to the Independent Contractor.(a) – (t) and may disclose this information to any client the Independent Contractor choosesto provide their services to.
Schedule 4 – AVD Compliance1. Age Verification Deliveries (AVD) are deliveries that, by law, have to be signed for. This applies to deliveries to customers that involve alcohol and knives, and, as such, the Supplier is required to verify the recipient’s age.2. The current process in place is known as ‘Challenge ALL’ and the steps that the Supplier MUST follow are as follows:• Driver are required to verify the age regardless If the recipient appears to look more than 25, the Driver needs to ask for Identification (ID) for all (AVD) Deliveries.• If the recipient passes age verification, RABBIT only offers delivery to either the Customer, Front Desk, or mailroom.• Neighbour, Mail-slot or Left-as-Instructed is not available for Age Verified deliveries (AVD).3. Parcels that require Age Verification:• Clearly states ‘AGE18’ and the delivery date ‘DD/MM’ in the top right-hand corner of the label (see examples in Drivers Handbook)• Must be delivered to the address on the delivery label• Cannot be left with a ‘Neighbour’, in a secure location ‘As Instructed’ or ‘Posted’• The policy is ALWAYS to challenge ALL where it is an (AVD) delivery.
VARIATIONThis agreement may only be varied by a document signed by Independent Contractor and Supplier (Regulux Transport Ltd)I, the subcontractor, understand and accept in full the terms set out within this agreement.
Signed On: 17/04/2021
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Document Name: Part 2/11: Subcontractor/Supplier Contract Agreement For Services
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