1. The subcontractor agrees to provide self employed trade plated driving services to customers of the contractor at locations to be advised by the contractor and in agreement with the subcontractor.
2. For the purposes of this agreement, both the contractor and subcontractor intend this relationship to be the one of self-employment. Specifically both parties acknowledge that the contract for services does not give rise to a contract of employment. This role is outside IR35
3. The subcontractor enters into this agreement strictly on the understanding that they will not be entitled to any sick pay, holiday pay or any form of employment protection or pension auto enrolments other than the statutory provisions contained within the the workplace (Health Safety and Welfare) Regulations 1992 as amended.
4. Both parties acknowledge that the subcontractor will be in business on their own account and be responsible for his/her own Income Tax, National Insurance and VAT (where applicable) and will indemnify the contractor for any demand for payment of Income Tax, National Insurance or VAT arising as a result of the breach of this agreement. A tax UTR (Unique Tax Reference) will be required to fulfil IR35 along with proof of registration for self-employment with the HMRC for due diligence. The contractor reserves the right to engage in partnership with pay-roll and taxation partners to ensure the IR35 compliance with the sub-contractor is managed. All costs relating to the pay-roll partners services are to be bourne by the sub-contractor.
5. The subcontractor’s invoice will be paid on a mileage basis for every individual job as agreed between the parties. A weekly invoice will be emailed to the subcontractor to sign and submit back. The company accounts department or a pay-roll partner will issue drivers with invoice statements on a weekly basis.
6. Pay Structure will be determined by each company in the group for the distance between collection and delivery point. The Subcontractor is responsible for making his own way between jobs at their own expense.
7. The subcontractor must at all times be responsible for correcting any defective work at his or her own cost and will indemnify the contractor for any losses or claims brought against the contractor as a result of the subcontractors actions including Public Liability claims.
8. The contractor rents insured red number plates issued by DVLA to the subcontractor for the cost of £20 weekly deducted from the invoice, the plates are to be used ONLY during transit. If the subcontractor has their own trade plates, proof of registration and a copy of the insurance at a rate of minimum of £100k (fully comprehensive) per vehicle.
9. The subcontractor is not permitted to smoke and eat in any vehicle or cause any kind of contamination to the interior, and will be charged for any damages, cleaning costs or valeting charges related.
10. The subcontractor is liable for any damages on the vehicle while in possession of it. This would include but does not restrict only to: burns to the interior, scratches, dents, scuffed wheels, major damage, putting incorrect fuel, cigarette smell/smoke. If a situation occurs where damage has not been logged or missed on collection ( not noted down on the report and signed for by the collection site ) due to the negligence on the subcontractors part or caused on route, the cost to rectify such losses will be deducted from the subcontractors invoice.
11. The subcontractor is required to record deliveries and collections using suitable dash camera. In case of an accident the recorded footage is to be forwarded to the contractor. If it is deemed to be the subcontractors fault, he/she will have to pay for the damage in accordance with the insurance policy defined as excess (This varies dependant on which Group company you are sub-contracted by, The standard excess if dash camera footage is provided or £2000.00 if dash camera footage is not made available. if the excess is defined to be higher by the insurance company due to subcontractors personal circumstances or his/her personal driving history the excess will remain the same with footage or double the excess without footage).
12. In case of contract termination any outstanding amount of money are still owed and will be insisted through engaging in court. The subcontractor is liable for loss of SD cards, locking wheel nuts, V5, spare key, spare wheel, tools/jack and any other documents and items related to the delivery of the vehicle.
13. The contractors insurance covers the subcontractor only when vehicle is in transit and on route. Any off route travel and use of the vehicles out of hours for domestic reasons or during weekends are not covered by the contractors insurance policy any consequences that might occur will be subcontractors responsibility to be accountable for.
14. The subscontractor has the right to use a substitute; however the stubstitute must be inducted into the contractor's operational and health and safety systems. The substitute will not be paid directly, invoices will be the paid to the nominated subcontractor.
15. The subcontractor is responsible for paying all fines as a result of his/her driving - such as speeding fines, bus lane fines, parking fines and not displaying trade plates properly.
16. The subcontractor is liable for damage of work equipment rented from the contractor and any of its partners, such as; dash camera, tablet, red number plates or any other equipment rented. The contractor has the right to retrieve the cost of any losses or damage caused by the subcontractor. Any equipment such as a tablet, set of trade number plates that is provided by the contractor is only to be used for work purposes. Any additional charges incurred for tablet being used for phone calls, text messages or extra data usage ( more than 4GB monthly ) will be deducted from the sub-contractors invoice. Subcontractor is not allowed to use contractors trade plates for transit of vehicles not authorised by the contractor.
17. In case of termination of the contract any outstanding money owed by the contractor for the provided driving services will be kept until the fuel float money, red number trade plates and all other equipment is returned. In case of the subcontractor owing money he is obliged to pay them in full up to 1 month after that and if this is not done the contractor has the right to retrieve these through civil court.
18. Both parties acknowledge that the contract for services can be terminated at any time by either party. The subcontractor is not under any ongoing obligation to provide services and the contractor is under no ongoing obligation to provide work to the subcontractor.
19. There will be no restriction on the subcontractor working for a third party ( but not allowed to use the contractor’s belongings and equipment ) whilst this contract is in force.
20. The sub-contractor agrees to follow the contractor's standards including excellent customer service and adhering to specific procedures and requirements when insisted by certain customers - This includes all aspects of vigilant appraisal on collection, completing relevant paperwork or/and different S-PODs ( Motor Trade delivery website or MoDel app appraisals), Telepoding for BCA UFD jobs, phoning customers with ETA if required, leaving right amount of fuel on delivery, full handover and jetwash before delivery when specified so or any other related procedure including telephoning the customer ahead of collection to confirm that the vehicle is onsite and ready for collection. Failure to follow procedures may result in not being paid for that delivery and retraction of further work offered.
21. The subcontractor is obliged to submit all scanned copies of fuel receipts and paperwork ( straight after completing a job ) to the contractors email and then later send by post or bring to the office all the physical/hard copies on a regular basis. Failure to do so may result in delay or not being paid for that delivery or reimbursed fuel money until required actions are completed.
22. The subcontractor (or substitutes) is to ensure they are not under the influence, or in possession, of alcohol or drugs whilst working with the contractor. For the purposes of this policy, the term ‘drugs’ is used to describe both illegal drugs and other psychoactive (mind-altering) substances which may or may not be illegal. The contractor reserves the right to carry out alcohol and drugs testing in line with the contractor's Alcohol and drugs policy.