YODEL – Subcontractors Letter of Agreement

 

    Name:

    This letter supplements the Agreement for Services for Self Employed Subcontractor and details the invoicing method, assignment specification and performance indicators for a driver working on behalf of JDE Driver Hire.

    1. The assignment is for the provision of services for our main contract, however this is not exclusive and if necessary, you would be expected to help in other areas.

    2. Your day rate varies on the amount of parcels you successfully deliver. Every successful delivery will be paid at £0.72 per parcel.

    3. Additional bonus payments may apply and is paid at the discretion of the contract manager if all key performance indicators are achieved.

    4. Payment will be made on receipt of an invoice weekly. It is 4 week in hand. It will be paid by BACS.

    5. The assignment details will be/have been confirmed to you on commencement of the job.

    6. The performance indicators are all deliveries and/or collections completed on time and by following the process you are trained on. Fines can be imposed for any failures and claims arising from your negligence. Compliance failures can result to a charge of the cost of the product(s) inside the parcel.

    7. Your company contact is the contract manager and supervisors. You must contact them if you experience or anticipate you will have any difficulties in meeting the specifications of the assignment.

    8. You must not under any circumstances be accompanied or assisted on this assignment by any person under the age of eighteen years.

    9. Any unreasonable failure to meet either the assignment detail or the performance indicators, including security breaches, will be considered to be a breach of your obligations in servicing this assignment.

    Kind Regards,

    JDE Driver Hire Management.

    I the position and the term and conditions listed in this Subcontractors letter of agreement.

    Signed:

    Print:

    Date

    Agreement for Services for Self Employed SubContractor

    This agreement made on
    Between
    1. JDE Driver Hire registered at 27 Cambridge Park, London E11 2PU (‘the Company’) and;
    2. (‘the Subcontractor’).

    1. Definitions

    1.1. In this Agreement:
    a) ‘Notice Period’ means 7 days expiring at the end of any working day unless specified to the contrary;
    b) ‘Personnel’ means the personnel of the Subcontractor who are engaged, at the discretion of the Subcontractor, in the execution of the assignment on behalf of the subcontractor from time to time.
    c) ‘Subcontractors Letter of agreement’ means the letter which specifies the terms and conditions and the performance indicators of the Assignment in detail which are supplemental to and in the case of conflict take precedence over the terms of this Agreement.
    d) ‘Fee’ means the fee specified in the Subcontractors Letter of Agreement which is payable by the company to the subcontractor in respect of the execution of the Assignment.
    e) ‘Device’ includes appropriate tachographs, slam locks, satellite tracking devices, digital signatory equipment and ‘Proof of Delivery’ devices.
    f) ‘Assignment’ means the work identified in the Subcontractors Letter of Agreement.
    g) ‘Customer’ means the party with whom the company contracts for the provision of logistical and haulage services.
    h) ‘Third Party’ means the party whose goods are being transported by the Company on behalf of the Customer.

    1.2 A reference in this Agreement to the Company includes any Group Company.

    1.3 A reference in this Agreement to a clause, sub-clause or schedule is a reference to a clause, sub-clause or schedule in this Agreement.

    1.4 A reference to a statutory provision includes references to any statutory modification, consolidation or re-enactment happening after the date of this Agreement along with any statutory instruments or orders made under it.

    1.5 The clause headings in this agreement are for ease of reference only and have no interpretive value.

    1.6 Where appropriate, words denoting a singular member only shall include the plural and vice versa.

    1.7 The words ‘including’ or ‘includes’ are not used by way of limitation.

    2. The Assignment.

    2.1 The Subcontractor shall carry out the assignment with effect from the commencement date set out in the Subcontractors Letter of Agreement until properly completed using reasonable care, skill and in accordance with the requirements and standards reasonably required by the Company and as detailed in the Subcontractors Letter of Agreement.

    2.2 The Subcontractor shall ensure that all the facts upon which the Company makes its decision to accept the Subcontractor shall be materially correct. Without prejudice to the foregoing, the Subcontractor shall ensure that all personnel have the necessary skill, qualifications and experience required to execute the assignment on behalf of the Subcontractor. All such skills, qualifications and experience claimed by personnel shall be checked thoroughly and found to be correct by the Subcontractor. The Subcontractor shall, if required by the Company, provide satisfactory proof of the skills, qualifications and experience of any or all of the personnel. In the event that the Subcontractor does not provide any such proof, the Company shall be entitled (but not obliged) to terminate this Agreement immediately by notice.

    2.3 The Subcontractor shall undertake the assignment to the reasonable satisfaction of the Company and the Customer. The Subcontractor will provide the transport and personnel to complete the assignment to the performance indicators set out in the Subcontractors Letter of Agreement.

    3. Subcontractor’s obligations.
    The Subcontractor agrees on its own part that it shall;

    3.1 not engage in any conduct detrimental to the interests of the Company

    3.2 execute the assignment at such times and/or complete the execution of the assignment within any period as may be so required by the Company

    3.3 take such steps as may be reasonably practicable to safeguard the health and safety of the personnel and the health and safety of any other person who may be affected by the execution of the assignment.

    3.4 furnish the Company with any progress reports as to transport and delivery times of the assignment as may be reasonably requested or as detailed in the Subcontractors Letter of Agreement

    3.5 comply with any rules or obligations in force at the premises where the assignment is being executed, only to the extent that they are reasonably applicable to independent subcontractors or customers, to include security and safety procedures

    3.6 where work permits are required, ensure that all personnel have the appropriate and valid work permits required for them to work at the location, or locations, agreed with the Company

    3.7 where any part of the assignment requires the driving of a motor vehicle on the public highway or on the premises of the Company, ensure that any personnel carrying out such driving on behalf of the Subcontractor shall have a full and valid driving licence

    3.8 be responsible for ensuring that any motor vehicle used meets all legal standards

    3.9 the Subcontractor will ensure that all the relevant provisions of the Road Transport (Working Time) Regulations 2005 and Drivers Hours are adhered to and warranties that it monitors to ensure compliance. Please note that we expect you to take at least a half hour break 4 hours after starting the daily assignment or a 45-minute break after 6 hours.

    3.10 the Subcontractor will meet any contract specific requirements that apply to an assignment as set in the Subcontractors Letter of Agreement or notified to them

    3.11 if you have agreed to provide services to the Customer, but you are unable to provide that service due to illness or injury you shall notify the Company on site representative as soon as reasonably practicable.

    3.12 the Subcontractor will use all reasonable endeavours to achieve the set performance indicators and will accept a deduction from its fee for any penalty in relation to completion of any assignment with regards to these specifications or where the Company has to send additional resource to recover any undelivered parcels

    3.13 the Subcontractor and Personnel will be required to wear uniform if supplied and failure to do so will result in them being refused access to the location and any work being offered to an alternative subcontractor

    3.14 If the Subcontractor is found to be in breach of any obligation of this Agreement, this will entitle the company to terminate the Agreement with immediate effect and without notice.

    4. Payment of fees

    4.1 The Company shall be solely responsible for the payment of all fees due to the Subcontractor in respect of the execution of the assignment. These are referred to in the Subcontractors Letter of Agreement.

    4.2 The Subcontractor shall submit to the Company on a weekly basis, or on such other basis agreed with the Company, an invoice detailing the following;

    • The name and address of the Subcontractor
    • The time period the invoice relates to
    • The particular assignment the invoice relates to

    4.3 The Company shall make payment of amounts properly invoiced to the Company by the Subcontractor. Payment will be made on receipt of an invoice weekly, commencing on the 4th Friday after your start date (dependant on what is agreed between the Subcontractor and the Company) by BACS. If such payment is not made, whether due to public holidays or any other reason, the Company will make payment to the Subcontractor as soon as reasonably possible by a method agreed with the Subcontractor.

    4.4 Payments will only be made to the person named on the invoice.

    4.5 The fee and all other fees and expenses payable by the Company are quoted exclusive of value added tax which shall if applicable additionally be payable by the Company.

    4.6 The Company shall be entitled to deduct from any amount due to the Subcontractor the following;

    a) any charges or expenses the Company incurs as a result of negligence of the Subcontractor including but not limited to customer/public complaints, property damage, vehicle damage etc.
    b) any PCN’s incurred will be subject to a £25 processing admin fee, plus an addition £35 including VAT if JDE Driver Hire do not own the vehicle that has incurred the charge.
    c) any monies owed to the company such as loans/advance payments.
    d) on termination of the agreement, the sub-contractors monies will be placed on hold for a maximum of 10 days while any damages, PCN or any fees relating to negligence of the assignment are investigated.

    5. National Insurance, income tax, statutory sick pay and incapacity benefit

    5.1 The Subcontractor shall be responsible for any PAYE, income tax, National Insurance contributions and any other taxes and deductions payable in respect of the Personnel (including himself / herself) arising from the execution of the assignment. The Subcontractor shall indemnify the Company against any such taxes, contributions or deductions as shall from time to time be due from or assessed on the Company.

    6. Liability.

    6.1 The Company accepts no responsibility for or to the Subcontractor or the Personnel, whether in respect of earnings, pension rights, health and safety or protection from injury, loss or damage to property while engaged in the execution of the Assignment.

    6.2 Where the Company decides that any loss, damage or claim is caused to a third party by the actions of the Subcontractor and/or the Personnel that may have an adverse effect on the Company, the amount of the loss, damage or claim can be deducted from any fees payable to the Subcontractor.

    7. Use of motor vehicles.

    7.1 Any motor vehicle used by the Subcontractor or any of the Personnel in connection with the execution of the assignment is the responsibility of the Subcontractor. Pre trip checks are the responsibility of the sub-contractor. Any issues or damage to your vehicle needs to be communicated to the JDE Driver Hire fleet team. While in possession of a vehicle provided by JDE Driver Hire, the sub-contractor will be responsible for any penalty charges, speeding tickets and any damage caused by negligence from the sub -contractor.

    8. Trade secrets and confidential information

    8.1 The Subcontractor agrees;

    a. That all information furnished to or obtained by the Subcontractor or the Personnel in the course or as a result of executing the assignment shall be kept confidential by the Subcontractor and the Personnel and shall not be used for any other purpose than the execution of the assignment. This includes any property belonging to the Company, customers or third party, routes, details of customers and/or third party premises. This includes any Company, customer and third party security arrangements.
    b. To deliver up to the Company upon notice by either party, all documents and other materials belonging to the Company, Customer and/or third party (and all copies thereof) which are in possession of the Subcontractor or the Personnel including documents and other materials created during the course of the execution of the assignment
    c. Not at any time to make any copy, abstract, summary or précis of the whole or any part of any document or other material belonging to the Company, Customer and/or third party except where required to do so in the course of its duties in the execution of the assignment in which event any such item shall belong to the Company

    9.1 The provisions of this clause shall not apply to any information which comes into the public domain otherwise than as a result of any unauthorised disclosure by the Subcontractor or the Personnel.

    9.2 The subcontractor shall draw the provisions of this clause to the attention of the personnel and ensure that the personnel comply with them.

    10. Termination

    10.1 This agreement shall automatically terminate by mutual agreement or upon notice unilaterally given by one party to the other.
    10.2 Either the Company or the Subcontractor may terminate the agreement by giving the other written notice of not less than the notice period.
    10.3 The Company may terminate this agreement immediately by written notice to the Subcontractor in the event that the assignment is not being executed to the reasonable satisfaction of the Company or the Subcontractor is in breach of any obligation of this Agreement.
    10.4 Failure by the Subcontractor to give notice of termination in accordance with this agreement, or a failure on the part of the Subcontractor to work said notice, shall constitute a breach of agreement and shall entitle the Company to claim damages from the Subcontractor for any resulting loss suffered by the Company.
    10.5 Failure to return any equipment / PPE issued to the Subcontractor will be chargeable.
    10.6 The Company shall be entitled to pursue the Subcontractor for any damage or claim outstanding after the termination between both parties.
    10.7 The Company may terminate this agreement immediately if at the request of the Customer or at the discretion of the Company, the assignment changes.

    11. Relationship between the parties

    11.1 The parties agree and acknowledge that nothing in this agreement shall constitute the relationship of master and servant or employee or any partnership between the Company and the Subcontractor or any Personnel.

    11.2 Neither the Company, nor the Subcontractor is obliged to provide future work following completion of any assignment and, if any such offer is made, the Subcontractor is not obliged to accept it.

    12. General

    12.1 The remedies available to the Company under this assignment shall be without prejudice to any other rights, either at common law or under statute, which it may have against the Subcontractor.
    12.2 The failure or delay of the Company to enforce or exercise, at any time or for any period of time, any term of or any right, power or privilege arising pursuant to this agreement does not constitute and shall not be construed as a waiver of such term or right and shall in no way affect its right later to enforce or exercise it.
    12.3 Each provision of this assignment is severable and distinct from the others. If any such provision is or at any time becomes to any extent invalid, illegal or unenforceable under any enactment or rule of law, it shall to the extent be deemed not to form part of the agreement but (except to that extent in the case of that provision) it and all other provisions of the agreement shall continue in full force and effect and their validity, legality and enforceability shall not be thereby affected or impaired.
    12.4 The Subcontractor shall be entitled to substitute alternatives for the Personnel, with the prior written consent of the Company such consent not to be unreasonably withheld.

    13. Notices

    13.1 Any notice to be given under this agreement shall be in writing. Notices may be given by either party by personal delivery or post or by email addressed to the other party at its registered office for the time being. Any such notice given by letter or email shall be deemed to have been served at the time at which the notice was delivered personally or successfully transmitted or (if sent by post) would be delivered in the ordinary course of post. The Company may terminate the agreement without any notice to the Subcontractor.

    14. Proper Law

    14.1 This agreement shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the courts of England.

    15. Previous Contracts

    15.1 This agreement contains the entire understanding between the parties and is in substitution for any previous agreement or arrangement between the parties, which are deemed to have been terminated by mutual consent as from the effective date.

    16. Amendment

    16.1 No modifications, variation or amendment to this agreement shall be effective unless such modification, variation or amendment is in writing and has been signed by or on behalf of both parties.

    17. Assignment

    17.1 The Subcontractor shall not assign or delegate or otherwise deal with all or any of its rights and obligations under the agreement without the Company’s prior written consent given by the board. Such consent is not to be unreasonably withheld.

    17.2 The Company shall have right to assign or otherwise delegate all or any of its rights and obligations here under to an associated company or other person upon notification to the Subcontractor

    18. Third party rights

    18.1 Nothing in this agreement confers any third-party rights which they would not have had but for the contract (Right of Third Parties Act 1999.)

    19. Force Majeure

    19.1 Neither party shall be liable to the other for any loss, damage, cost or expense which may be suffered by the other part as a result of any failure to perform its obligations under the agreement as a result of any circumstances outside its reasonable control.

    This agreement has been executed and delivered as a deed on the date first written above.

    Executed and Delivered as a Deed by JDE Driver Hire by

    Witness

    Name:

    Date:

    Signature:

    Subcontractor

    Name:

    Date:

    Signature: