Version 2.14
1.1 ). “The Firm” / “Us” means TAKE ME GROUP LTD, Rutland Lodge, Ashby Road, Loughborough, LE11 3TR (England & Wales company registration number 05817381)
1.2 “The Partner” means the individual providing the Service subject to the terms of this Agreement 1.3 “Communication Soware” means all telecommunications or navigation soware (that is to say soware or programs capable of sending and/or receiving data in any form (including, but not limited to, credit or debit card payments, voice telephony, cellular data, wireless data, SMS and MMS messages, digital or analogue radio signals) licensed or otherwise supplied to the Partner in the performance of this Agreement.
1.4 “Client” means any person who makes a booking to use the Service provided by the Partner.
1.5 “Service” means the conveying, using the Partner’s own licensed private hire vehicle in the capacity of a licensed private hire driver, of Clients and/or their belongings in accordance with a private hire booking made by, for or on behalf of that Client.
2.1 This is a document establishing the relationship between the Partner, a self-employed licensed private hire or Hackney vehicle driver, and us, the Firm, and sets out the terms of that relationship (the “Agreement”).
2.3 Both Parties agreed they have had the opportunity to review this Agreement and take professional advice on its terms if required. Once signed this document constitutes a legally binding Agreement.
2.4 Notwithstanding the reference to other documents or policies to which this Agreement refers, the Partner agrees that this Agreement represents the totality of our relationship. 2.5 This Agreement supersedes all previous agreements.
3.1 The Partner is a self-employed individual who performs the Service of conveying fare-paying Clients and / or their belongings from collection point to destination point in response to a private hire booking made with us by the Client, their agent or representative.
3.2 The Partner agrees nothing in this Agreement amounts to or is intended to bring about
an employment relationship.
3.3 In signing this Agreement the Partner acknowledges the Partner understands that as a result of the nature of this Agreement the Partner is solely responsible for the payment
of any income tax and national insurance due on the Partner’s earnings and that we have no role in the administration of the business the Partner carries on.
4.1 When providing Services to Clients who have made individual private hire bookings through us and who pay to the Partner their fare in cash or by credit card transaction, the Partner acts as principal and we act as the Partner’s agent concluding contracts with Clients for a Service that the Partner will provide.
4.2 It shall be the Partner’s responsibility to collect payments from the Client for the Service. 4.3 We are not liable for unpaid fares.
5.1 When providing Services to Clients who make payments on account to us, the Partner shall act as our agent in the performance of the Service.
5.2 The Partner may from time to time be offered to undertake account work as our agent. In those instances, we will collect from the Client the cost of the journey and remit the fare to the Partner.
6.1 We shall communicate to the Partner primarily using Communication Soware (namely, an internet-based mobile soware application), which we agree to license to the Partner and for which the Partner agrees to pay for a user licence.
6.2 The Partner agrees to utilise the Communication Soware, detailed in clause 6.1, to facilitate any credit or debit card payment/s referred to in clause 4.1.
6.3 We make no guarantee that any minimum number of jobs or amount of work will be offered to the Partner. The Partner is free to accept or decline any request for Services in their sole discretion and there is no obligation on the Partner to accept any minimum number of jobs.
6.4 The Partner is free to decide how to provide the Services and will not be subject to supervision, direction, or control as to the manner in which the Services are provided. The Partner agrees that the Services shall be provided in accordance with these terms and in a professional manner at all times.
6.5 The Partner acknowledges and accepts when acting in the capacity of our agent the Partner will be held liable for any act or omission attributable to the Partner that results in our loss of any account.
6.6 The Partner agrees that any queries regarding an account job the Partner has performed
as an agent must be raised using the Firm’s website portal and prescribed form, within 14 calendar days of the job’s completion. We reserve the right to reject any query not complying with this clause.
7.1 The Partner agrees not to offer or supply Services continuously for more than 12 hours within any given 24-hour period.
7.2 The Partner agrees to have a minimum 48-hour rest period where the Partner has offered or supplied Services of 12 hours in any given 24-hour period on 6 consecutive occasions.
7.3 The Partner agrees not to perform any Services of over 40 miles in the remaining 2 hours whilst offering or supplying Services for 12 hours within a 24-hour period.
8.1 The Partner will endeavour to provide advance notice, using the Firm’s website portal alone of any period during which the Partner’s Services will not be available.
8.2 The Partner agrees to notify us of instances the Partner is unable to provide services as a result of unforeseen circumstances, such as illness, as soon as is practicable using the Firm’s website portal.
9.1 We reserve the right to terminate this Agreement for any reason at any time by giving the Partner 48 hours’ notice of our intention to do so.
9.2 We reserve the right to terminate this Agreement with immediate effect should the Partner breaches any term of this Agreement.
9.3 The Partner may terminate this agreement by giving 48 hours’ notice of the Partner’s intention to do so. The Partner’s obligation to pay for any Communication Soware user licence/s will end only once the Partner ceases using, or otherwise deactivates, the Communication Soware.
9.4 We reserve the right to treat this Agreement as being at an end as soon as the Partner notifies us that the Partner does not intend to or cannot provide the Service
for a period of 21 consecutive calendar days or more. Should the Partner wish to provide Services aer this period, this will be subject to a new Agreement being entered into. 9.5 The Partner must submit a written claim request to us for any monies owed to the
Partner by us within 21 calendar days of termination of this Agreement. We reserve the right to refuse any such claim not submitted before that deadline and the right to setoff any such amount against monies owed to us by the Partner.
10.1 The Partner agrees at all times to maintain all necessary insurance policies which insure against all risks to the Partner, the vehicle, and any third parties. These include but are not limited to a policy of motor insurance as required by Part IV of the Road Traffic Act 1988 and Private Hire Vehicles (London) Act 1998.
10.2 We may at our sole discretion offer the Partner the option of motor insurance coverage under our fleet insurance policy in consideration of the payment of an agreed fee. 10.3 The provision of motor insurance coverage under clause 10.2 above is conditional upon 10.3.1 The Partner satisfying any and all of our applicable terms and conditions for the supply of that coverage.
10.3.2 The Partner agreeing to any and all applicable requirements for the supply of that coverage indicated by our insurance underwriters including but not
limited to
10.3.2.1 The installation within the Partner’s vehicle of a Smart Witness
Camera.
10.3.2.2 The organisation by the Partner for the installation of a Smart
Witness Camera with a designated engineer.
10.3.2.3 The meeting of all costs by the Partner for the installation and
removal of a Smart Witness Camera.
10.4 We reserve the right to withdraw any offer or coverage provided under clause 10.2 above at any time for any reason.
10.5 The Partner agrees that we reserve the right to terminate this Agreement should the Partner at any time for any reason fail to have in place valid insurance.
11.1 The Partner agrees that it is a condition of this Agreement that the Partner complies with all relevant private hire licensing law provisions and at all times hold all necessary licences and permits to carry on the Partner’s business as a private hire driver and vehicle service.
11.2 The Partner agrees to comply with any of our policies and procedures or notices, relevant to independent service providers, which apply to the Service provided and may be issued from time to time.
11.3 The Partner agrees that we, in fulfilling our legal obligations as a licensed private hire operator, may utilise any identification photographs voluntarily given to us by the Partner of the Partner for the purpose of regulation 9(10) Private Hire Vehicles (London) (Operators’ Licences) Regulations 2000 (as amended).
11.4 The Partner agrees that at all times the Partner shall maintain the Partner’s vehicle in a state fit for use as a private hire licensed vehicle and that at all times it is available to provide Services it shall remain in such a state.
11.5 The Partner agrees that at all times the Partner, at the Partner’s own expense, shall present a suitable professional appearance as a private hire licensed driver.
11.6 The Partner agrees to abide by all and any other law, by-laws, rules, regulations or terms and conditions (including those relating to Communication Soware) in the
performance of the Service. The Partner acknowledges that the Partner is familiar with the nature of private hire services and that the Partner is prohibited under any circumstances from plying for hire or touting. This means the Partner must not
11.6.1 Draw attention to the Partner as being available for hire.
11.6.2 Whether in a vehicle or not, make any act or gesture which accompanies a conversation with a member of the public suggesting the Partner is available
for hire without a prior booking having been made by the appropriate private hire licensed operator.
11.6.3 If the Partner is approached by a member of the public, whilst sat in the Partner’s vehicle, do otherwise than direct them to the appropriate licensed
private hire operators’ operating centre or present them with a business card
bearing the contact details for the aforementioned operator for them to
make a booking.
11.6.4 Accept bookings from anyone other than the Partner’s licensed private hire operator.
11.6.5 Allow any member of the public to enter the Partner’s vehicle for the
purposes of receiving licensed private hire services without first having
received a confirmation of booking from the Partner’s licensed private hire
operator.
11.7 The Partner confirms the Partner understands and accepts that any service provided without a confirmed booking allocated by a licensed private hire operator is illegal.
11.8 The Partner agrees that the Firm acts as an agent setting the tariffs (fares) offered to the Client and the fare payable to the Partner will be confirmed at the time a job is offered.
12.1 We may at our sole discretion offer the Partner the option for us to
safe-keep the Partner’s original private hire drivers licence documentation.
12.2 The provision of the safe-keeping facility under clause 12.1 above is conditional upon the Partner satisfying any and all of our applicable terms and conditions for the supply of that facility.
12.3 We reserve the right to withdraw any safe-keeping offer or facilitation.
13.1 We may at our sole discretion offer the Partner the option for us to
safe-keep the Partner’s original private hire vehicle licence documentation.
13.2 The provision of the safe-keeping facility under clause 13.1 above is conditional upon the Partner satisfying any and all of our applicable terms and conditions for the supply of that facility.
13.3 We reserve the right to withdraw any safe-keeping offer or facilitation.
The Partner agrees and it shall be a condition of this agreement that, at all times when the Partner’s vehicle is being used for the performance of private hire Services under this Agreement, the Partner will ensure that the Partner’s private hire licence discs are properly displayed on the windscreen and rear window of the Partner’s vehicle or as otherwise required under clause 11.1 above.
The Partner agrees, subject to clause 11.1 above, to display upon request, for health and safety purposes, any of the Firm’s
signage supplied to the Partner by the firm during the term of this Agreement.
16.1 The Partner agrees to abide by all relevant principles and duties set out in the Data
Protection Act 1998 (and any amendments thereto) and acknowledges that the Partner will not record, store, impart or use by any means any details of any Clients or passengers that may become known to
the Partner.
16.2 The Partner agrees that any information transmitted to the Partner in order to perform
a Service for a Client can be used solely for the performance of that service and only during the time in which that Service is being performed. This means the Partner is not permitted to contact a Client once a Service has been completed and will not attempt to do so.
16.3 The Partner agrees that should there be a need to contact a client once a Service has been completed the Partner will only do this through the Firm’s control room. 16.4 By signing this agreement the Partner acknowledges that the Partner understands that a failure to comply with the requirements of the Data Protection Act 1998 can result in an offence being committed and criminal prosecution.
17.1 We agree to license, for the purpose of clause 6.1, to the Partner for the Partner’s sole use Communication Soware until the termination of this Agreement. 17.2 We reserve the right to make changes to the Communication Soware supplied, under clause 6.1, to the Partner from time to time.
17.3 The Partner acknowledges that at all times we continue to retain ownership of all Communication Soware and that the Partner will not seek to sell, hire, charge, pledge, licence or otherwise supply or dispose of the Communication Soware leased to the Partner to a third party and accept that to do so would be to breach this Agreement. 17.4 Property in Communication Soware
This Agreement is not a contract for the sale or transfer of ownership rights for any Communication Soware and as such by signing this Agreement the Partner acknowledges that the Partner understands we retain ownership of any and all Communication Soware supplied by us to the Partner.
17.5 Risk
The Partner agrees that in the first instance the Partner bears the risk of all loss, the, accidental or malicious damage to the Communication Soware leased to the Partner and will be liable to reimburse us for the full cost of any damage to, or impairment of, the Communication Soware.
18.1 The Partner agrees to use all Communication Soware leased to the Partner in accordance with terms and conditions under which that Communication Soware is supplied.
18.2 The Partner agrees that the Partner will at all times take all reasonable steps to safeguard the Communication Soware and ensure the Partner is familiar with its operation and with any terms or conditions set out by third parties relating to its proper use. 18.3 The Partner agrees that the Partner will only use the Communication Soware leased to the Partner solely for the purpose of communicating with us or facilitating Client credit or debit card payments and will not use the Communication Soware for the transmission or receiving of data or the transmission or receiving of messages of any kind beyond that requirement.
18.4 The Partner agrees that the Partner will be liable for any damage caused to the Communication Soware as a result of a failure to use it in accordance with the terms of the Agreement.
This Agreement is governed by and subject to the laws of England & Wales.
Signed on behalf of TAKE ME GROUP LTD (the “Firm”) –
David Hunter
CEO – Take Me Group Ltd
