Terms and Conditions for Self-Employed Drivers with Van Amigos
1. Introduction
These Terms and Conditions ("Terms") govern the relationship between Van Amigos ("the Company") and you ("the Driver"), a self-employed contractor providing removal services. By accepting assignments from the Company, you agree to comply with these Terms, which comply with UK laws governing self-employment and contractual relationships.
2. Definitions
The Company: Van Amigos, a removal service provider.
The Driver: A self-employed individual contracted to perform removal services.
Assignment: Any specific job or task agreed upon between the Company and the Driver.
Client: The customer receiving removal services.
3. Status of Engagement
The Driver is engaged as a self-employed contractor and not an employee of the Company.
Nothing in these Terms creates an employment relationship, partnership, or joint venture between the Driver and the Company.
The Driver is responsible for their own tax and National Insurance contributions in accordance with HMRC regulations.
4. Assignments
Assignments will be offered to the Driver on an as-needed basis, and the Driver is under no obligation to accept any specific assignment.
The Driver may decline assignments without penalty.
Once an assignment is accepted, the Driver agrees to complete it to the best of their ability, adhering to the agreed terms, timelines, and client requirements.
5. Fees and Payment
Fees for each assignment will be agreed upon in advance and detailed in the assignment confirmation.
Payments will be made within 14 days of receipt of an accurate invoice from the Driver.
The Driver is responsible for issuing invoices to the Company for completed assignments.
Any expenses incurred during the performance of an assignment must be pre-approved by the Company to be reimbursed.
6. Expenses
The Contractor is responsible for:
Fuel and vehicle maintenance
Packing materials and tools
Insurance coverage
Extraordinary Expenses: Pre-approval is required for Company reimbursement.
7. Equipment and Tools
The Contractor agrees to supply all equipment necessary for the job, including:
Vehicle, trolleys, packing blankets, protective coverings, and any specialised tools.
Equipment Maintenance Responsibility: Contractor
8. Insurance, Taxes, and Liabilities
Insurance Coverage: The Contractor is required to have:
Personal liability insurance
Vehicle insurance
Tax Responsibility: Contractor is responsible for income tax, National Insurance, and self-employment taxes.
Indemnification Clause: The Contractor agrees to indemnify the Company from any claims, damages, or losses related to the services provided.
9. Independent Contractor Relationship
Acknowledgment of Independent Contractor Status: The Contractor acknowledges their status as an independent contractor.
No Eligibility for Company Benefits: The Contractor is not eligible for Company benefits, including health, pension, or leave.
Permission to Work with Other Clients: Contractors may work with other clients, provided no conflict arises with Company assignments.
10. Confidentiality and Non-Disclosure
Confidentiality Agreement: The Contractor agrees to keep all Company, client, and business information confidential.
Disclosure Restrictions: No third-party disclosures are allowed without written Company consent.
11. Non-Solicitation
The Contractor agrees to a six-month restriction on soliciting Company clients after termination.
12. Health and Safety Compliance
Health and Safety Standards Compliance:
Proper lifting techniques and handling safety
Equipment condition and safety practices
Incident Reporting Requirements: Immediate reporting of incidents to the Company.
13. Quality Control and Customer Service
Customer Complaint Resolution Agreement: The Contractor agrees to handle complaints or disputes professionally and cooperatively with the Company.
14. Termination
Either party may terminate the relationship at any time by providing written notice.
The Company reserves the right to terminate assignments immediately in cases of misconduct, breach of these Terms, or failure to meet required standards.
15. Dispute Resolution
Any disputes arising between the Company and the Driver will be resolved amicably through negotiation.
If a resolution cannot be reached, the dispute may be referred to mediation or arbitration as agreed upon by both parties.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
17. Amendments
The Company reserves the right to amend these Terms by providing the Driver with 14 days' notice in writing. Continued acceptance of assignments after such notice constitutes agreement to the amended Terms.
18. Entire Agreement
These Terms constitute the entire agreement between the Company and the Driver, superseding any prior agreements or understandings.
Acknowledgement
By accepting assignments from Van Amigos, the Driver acknowledges that they have read, understood, and agree to these Terms and Conditions.