Agreement for Self Employed Courier
Couriers are engaged by Destiny Couriers Sameday Limited to make deliveries and collections on behalf of Destiny Couriers Sameday Limited but do so as a self-employed person and are not employed by Destiny Couriers Sameday Limited.
Couriers are responsible for all income tax and national insurance contributions in respect of any fees that they are paid by the Company.
As well as providing a service to Destiny Couriers Sameday Limited, Couriers may carry out or provide a similar service for any other individual, firm, partnership or company.
For further information regarding Self-Employment please refer to the HMRC website http://www.hmrc.gov.uk/employment-status/index.htm
This appointment is mutually non-exclusive and the Sub-Contractor shall be entitled, at his own expense, to substitute or to employ some other worker, having the requisite skills and who is acceptable to The Company, to perform the services. The Sub-Contractor shall in any event always provide such a substitute where the provision of the services is unduly delayed by absence due to incapacity, or for any other reason upon notification by a duly authorised representative of The Company that the delay occasioned is unacceptable.
Sub-Contractor is responsible for the quality of the work undertaken and shall ensure that the services are performed with all reasonable care and without limitation is wholly responsible for ensuring that anyone authorised by him/her to perform all or any part of the services shall also do so competently and with reasonable care.
Sub-Contractors shall be responsible for organising how and in what order the work is done, and shall liaise with The Company’s on-site representative to ensure that due account is taken of the impact of the timing of the work to be performed upon the activities of The Company and any other Sub-Contractors also engaged by the Company. The company should not be able to exercise control over the Sub-Contractor such that he can be told where, how and when to work. He/She should be given a task and left alone to organise it as he sees fit. Can ask the Destiny Couriers Sameday limited for guidance if required.
The Sub-Contractor shall be responsible for rectification of any unsatisfactory work at his own expense.
The grant/acceptance of this appointment does not create any mutual obligations on the part of the Company or the Sub-Contractor to offer/accept any further appointment and no continuing relationship shall hereby be created or implied.
Sub-Contractor is responsible for the provision of safety equipment, protective clothing and adequate industrial accident insurance cover for himself and anyone authorised by him to perform all or any part of the services.
STATUS OF THE SUB-CONTRACTORThe Sub-Contractor’s relation to The Company is that of an independent contractor and shall have the status of a self-employed person and shall be responsible for all Income Tax and National Insurance or similar taxes or contributions in respect of the consideration payable hereunder and the Sub-Contractor hereby indemnifies the Company in respect of any claims that may be made by the relevant authorities against the Company in respect of Income Tax or National Insurance or similar taxes or contributions, including interest and penalties, relating to the services of the Sub-Contractor hereunder.
The Sub-Contractor agrees to be responsible for his expenses and Value Added Tax.
Nothing in this agreement shall be deemed to create any partnerships, joint venture or employment relationships between the parties.
All payments made under this Agreement are expressed exclusive of any Value Added Tax chargeable thereon.
No further payment will be made to the Sub-Contractor for the services over and above the entitlement contained in this clause and without limitation no payment will be made to the Subcontractor in respect of any expenses incurred by the Sub-Contractor in performing the services.
Use of ‘Substitutes
Courier i.e. Sub-Contractor are not under an obligation to provide the service personally. Accordingly, Couriers have the unconditional right to nominate a substitute to provide the service on their behalf, at any time for any reason.
However, it is the Courier responsibility to ensure that their nominated substitute carries out the service in line with the standards to which they would be subject if they were providing the service.
The Courier is responsible for managing and making payments to the substitute for the service they (the substitute) provide.
Charges applied by the Company and how are sub-Contractor is paid
For the company to supply Sub-contractors work a software is required to be installed to the Sub-contractor cell phone. The company is not responsible for any charges for the Sub contractor to use the software as for data usage. This is charged at £5.00 on a weekly basis, (this may change as time goes on due to any price increases by the software developer). This will be notified to the sub-contractor in advance of 30 days’ notice. and will be deducted from the invoice issued by the company self-invoicing system.
Sub-contractors will be paid on a weekly basis via BACs payments to the bank details provided, the first week of service provided by the Sub-contractor will be held and then paid on a weekly basis thereafter.
Congestion Charge and Toll Charges i.e. toll bridge or Motorway Tolls:
If the Sub-contractor has a collection/delivery which is in the congestion zoned area Central London, it is the sub-contractor duty and responsibility to pay for the congestion for that day. The company is not responsible for any penalties/fines issued if failed to pay by the sub-contractor. The sub-contractor will be paid for the congestion charge for the day of the service if in congestion charge of the service provided, this will be paid on the self-bill invoicing as Congestion charge (CC) at current rate £15.00 a day at the end of the week self-invoicing. We recommend you register your vehicle for congestion charge which is currently at £10.00 for the year which helps if forgotten. See website for more details how to register: https://tfl.gov.uk/modes/driving/congestion-charge/auto-pay. If your vehicle meets the LEZ standards but doesn’t meet the central London ULEZ standards and you require to use your vehicle within central London from 8 April 2019, you will need to pay the ULEZ daily charge. You may also be liable for the daily Congestion Charge which also operates in central London. Please note we only pay the standard congestion charge fee which is current £15.00. To help you understand more about how the ULEZ zone works, please visit https://tfl.gov.uk/modes/driving/ultra-low-emission-zone/vrm-checker-ulez.
If the service requires to travel to collection/delivery via i.e. fastest route Dartford crossing or M6 toll charge the Sub Contractor must advise the company before the sub-contractor incurs a charge which the company will advise, will pay or not. If the sub-contractor does not report, the company is not responsible for any charges or fines issued.
The Company is not responsible for any parking tickets or fines occurred by the Sub-contractor at any time while at collection or delivery. It is the Sub-Contractor responsibility to inform the company if issues collecting or delivering and will advise accordingly. It is the sub-contractor reasonability if any fines or penalties issued.
Freight forwarding/Courier Delivery insurance (Hire and Reward) is required to deliver and collect parcels and/pallets on behalf of Destiny Couriers Sameday Limited. Additional insurance, G.I.T Insurance (known as Goods In Transit) can be provided at a weekly rate to couriers who are undertaking deliveries or collections for Destiny Couriers Sameday Limited which at current rate charged at £3.00 a week. This of course covers goods up to £50,000 with an excess of £500.00 (see Carriage by sub-contractor’s statement term).
In order to provide a courier service for Destiny Couriers Sameday Limited are required to complete an insurance decision, if a completed letter is not returned to Destiny Couriers Sameday Limited the courier will be 3/3 automatically included in the top up insurance scheme Goods In transit Insurance and charged accordingly only G.I.T.
If, as a result of negligence or carelessness, a Courier causes damage to a customer’s or third party’s property, or cause injury to a customer or third party, the Courier is liable to the customer or third party for that damage or injury. We suggest taking out a public liability insurance. please ask a member at Destiny Couriers who will be happy to help if required.
Carriage by Sub-contractors (G.I.T insurance)
Subject to the limits of indemnity specified, we will indemnify you where goods are in possession, custody or control of any of our sub-contractors or successive sub-contractors nevertheless:
Terms from the G.I.T insurance policy below are as set by the insurer. (Please note we would recommend you obtain your own Goods in Transit Insurance0, please ask a member at Destiny Couriers who will be happy to help if required.
1. Any claims arising shall only be admissible to the extent to which they are not recoverable from such sub- contractor and/or successive sub-contractors;
2. The benefit of the policy shall in no circumstances whatsoever pass to sub-contractors and/or successive sub-contractor or their insurers.
3. The benefit to this policy shall only attach after the insurance of such sub-contractor and/ or successive sub- contractor has been exhausted.
It is a condition precedent to liability that you obtain written evidence to ensure that any-contractors by you shall maintain insurance on the same basis as provided to herein. The onus of proving that the exact requirements of this clause have been complied with shall rest with you.
TERMINATIONThis agreement is terminable at any time by the Company or by the Sub-Contractor without notice and without giving any reason for such termination. Without prejudice to the generality of that provision, this Agreement shall terminate, notwithstanding any other rights and remedies the parties may have, in the following circumstances:
• If either party fails to comply with the terms and obligation of this Agreement and such failure, if capable of remedy, is not remedied with in fourteen days of written notice of such failure from the other party;
• If the Sub-Contractor goes into bankruptcy or liquidation either voluntary or compulsory (save for the purposes of corporate reconstruction or amalgamation) or if a receiver is appointed in respect of the whole or any part of its assets. The termination of this Agreement shall be without prejudice to any rights, which have already accrued, to either of the parties under this Agreement.
MISCELLANEOUSThis Agreement contains the whole agreement between the Sub-Contractor and the Company and supersedes any prior agreement between the parties whether written or oral and such prior agreements are cancelled as from the date hereof and both parties acknowledge they have no claim against the other in respect of any previous agreement.
The headings in this Agreement are for reference purposes only and shall not be incorporated into this agreement. 6.4 In this agreement, unless the context otherwise requires, words in the singular include the plural and vice versa, words importing any gender include any gender, and a reference to a person includes a reference to a body corporate and to an unincorporated body of persons. This Agreement shall be governed by the laws of England. In witness WHEREOF, the parties have caused this agreement to be executed.