Driver Agreement

Definitions:

‘Driver(s)’ – A person who has entered into this agreement and is making use of the platform to procure or seek to procure private hire bookings for reward.

‘Us/We’ – Terago Ltd: a company registered in England (No 10565119 ) whose registered office is at Airport House, Purley Way, Croydon Surrey CR0 0XZ

‘The Platform’ – The Terago platform (or its successor).

‘The Regulator’ – Transport for London (TfL) or its successor responsible for the regulation and licensing of Private Hire drivers, vehicles and operators in London.

‘Vendor(s)’ – A customer, aggregator, operator or other entity which makes bookings for the procurement of private hire, courier or other services through the platform.

‘Driver app’ – The software application provided by us for use by you to enable you to make yourself available to receive bookings from the platform.

‘Service Level Requirements (SLR)’ – The specifications stipulated by the vendor which are required to be met by any and all drivers seeking to undertake bookings provided by the vendor through the platform.

‘Bookings’ – A request for a service made available to drivers through the platform.

‘Net Booking Value (NBV) – The net amount paid into the platform by the vendor as consideration for the fulfilment of the booking which may be subject to commission.

‘Commission’ – The charge made by us to you (where applicable) for each booking assigned to you.

‘Platform Fee’ – A fixed fee charged to you by us for access to and/or use of the Platform.

‘Subscription’ – Our agreement with you to provide you with access to the platform for a defined period and your agreement to pay us the platform fee specified for your chosen subscription.

‘Customer’ – The customer is the person or organisation paying for the service, whether that payment is made direct to the driver or an intermediary. The customer need not necessarily be a passenger being conveyed.

  1. Purpose
    Whereas we are a private hire operator making available a platform for the distribution and fulfilment of bookings and you are an independent self-employed licenced private hire driver seeking to obtain access to bookings:
    1. The purpose of the platform is to provide you with access to bookings which originate from one or more vendors.
    2. Vendors may specify their own pricing and service level requirements and may amend these at any time.
    3. You may choose which vendors to accept bookings from and may amend your preferences at any time.
  1. No Employment, No Workers
    In entering into this agreement you certify that you are operating an independent business as a self-employed licensed private hire driver and that you will provide a suitable vehicle and operate this vehicle at your own expense and at your own risk.  The platform is designed to provide you with opportunities to procure bookings for reward at times and frequency of your own choice.  The platform is not designed to provide full time or part time work or employment of any kind and you agree that you will not use or seek to use the platform for this purpose.  This clause will not prejudice any other relationship that you may have with the Vendor.
  1. Disambiguation 
    The terms or words ‘jobs’ and ‘work’ may be used from time to time either in writing or verbally by us, our employees, agents and vendors.  In all cases these words should be taken to mean ‘bookings’ as defined above and will not infer any employment or worker status.
  1. Legal & Licensing Requirements
    You certify that you are legally entitled to work in the UK, and that you hold all necessary licences or permits to carry out business as a private hire driver.You are providing your own vehicle; you agree to ensure that you hold all necessary permits, licenses and insurances at all timesYou agree that you will inform us of any changes in your personal circumstances such as your change of address or contact numbers in order that we can update our databases in line with our licensing obligations as stipulated by Transport for London (TFL).Where a change in your vehicle occurs, you must inform us immediately and provide the necessary Private Hire Insurance Certificate, MOT, Registration Document & TFL Licensing Document.
  1. Tax, National Insurance & VAT
    You are responsible for your own tax, national insurance and VAT affairs including the keeping of appropriate records to enable computation of tax, national insurance and VAT due.  Payments made to you for bookings completed on the platform are inclusive of VAT and it is your responsibility to account to HMRC for any VAT due.  Where you are registered for VAT you must provide us with your VAT registration number.
  1. Self Certification 
    You have certified that you are an experienced private hire driver who has provided and will continue to provide a good standard of customer service and that you are able to communicate effectively in English.  You have certified upon registration that you are able to provide references and/or evidence of ratings from past customers to substantiate this and consent to us contacting your referees or reviewing evidence of your past customer ratings for verification.
  1. Changes in Your Circumstances
    Where there is any change to your driving and accident record declared at registration you agree to notify us of any such changes immediately.
  1. Availability of the Platform
    We will make our best efforts to make the platform and driver app available to you at all times, however the technology employed relies on resources from multiple participants and we are therefore unable to provide any guarantees in this regard.
  1. Hardware & Compatibility
    You will need to provide your own compatible equipment in order to access the Platform.  This may include a mobile phone with compatible operating system and a suitable data plan.  You will need to have location services enabled in order that we can access your location whilst you are available for bookings or fulfilling a booking request.
  1. Availability of Bookings
    We will make bookings available to you in accordance with your chosen vendor preferences.  The amount and value of bookings and the number of vendors available to you will depend upon a number of factors such as your vehicle, passenger rating, chosen dress code, the times and locations where you make yourself available etc.  As such we are unable to provide any guarantees as to the number and value of bookings that you will be offered.
  1. Use of Your Data
    You agree that we may hold information on our computer systems and also paper records relating to your conduct and personal details, and other such information that is necessary to fulfil licensing and business requirements.  We may also share this data with vendors and passengers as required to ensure the smooth operation of the platform.  Your telephone number may be shared with vendors and/or passengers to allow them to contact you with regard to a booking that you have been allocated.  This data may also include ratings and comments provided by passengers, customers and vendors. You consent to us making checks on your DVLA licence record from time to time without further notice to you and where you have provided referees you consent to us approaching these individuals or Companies to provide a reference.
  1. Customer Data
    Where you have been provided with access to customer data, e.g. telephone numbers these are for use only in connection with the relevant booking, and may not be stored or recorded by you, electronically or otherwise.
  1. Your Trading Relationships:
    The following sets out your trading relationship with customers in respect of bookings that you procure through your use of the platform:

Cash Paying Customers: Where the customer pays you for your service in cash, you will be principal and have a direct trading relationship with them as your customer. We will charge you commission on the net booking value for introducing you to the customer.  You hereby appoint us (and we hereby agree to act) as your agent for cash paying customers.

Card Payments, Electronic Payments or Pre-Paid Accounts:  Where the customer pays for your service by means of a credit or debit card payment, electronic payment (e.g. Paypal) or by a pre-paid or credit account maintained and administered by the vendor, you will be principal and have a direct trading relationship with them as your customer.  You hereby appoint us (and we hereby agree to act) as your agent for card payment, electronic payment, and prepaid account customers. The vendor (and/or its appointed payment service provider) will process the payment from the customer on your behalf. We will charge you commission on the net booking value received.  Where we do not receive full payment (including where we receive no payment at all) you will be debited any amount that has been paid to you and credited with any commission charged by us in respect of that booking.

Account Customers: Where a customer has an established credit account with us we will have a direct trading relationship with them as our customer, and we will have a trading relationship with you as your customer. We will make payment to you for providing your service irrespective of whether or not we receive payment from the customer.  We will charge you commission for providing your service to us.  We hereby appoint you (and you hereby agree to act) as a subcontractor for our account customers if you decide to select Terago Account customers as one of your Vendors.

  1. Non Affiliation / Non Solicitation
    You will not attempt to entice or advise customers, vendors, or passengers to make future bookings by any other channel, and you will under no circumstances solicit customers, vendors, or passengers for your personal gain.
  1. Non Performance
    Where you have not performed your obligations you agree to compensate us for any expenses incurred as a result of non-performance.  This may include the costs of re-allocating a booking which you have failed to perform and penalties and/or administration fees imposed by Vendors.
  1. Termination
    You may terminate this agreement at any time however you should note that platform fee subscriptions are non-refundable. Subscriptions will automatically renew upon expiry unless you give us 14 days notice.We may terminate this agreement at any time and will make a pro-rata refund of your subscription fee except where: you fail to provide a service of acceptable standard, or there has been a serious breach of regulatory compliance by you, or you no longer hold the licences required to continue operating as a private hire driver, or there has been an adverse material change to your accident and driving record, or your conduct is considered prejudicial to the good standing of the platform. You will be automatically suspended if any of your required documents or licences expire. If you do not provide us with a valid replacement within 14 days your subscription will end and no refund will be issued in respect of any platform fees paid.
  1. Variations
    We may vary this agreement from time to time and will endeavour to give at least 28 days notice of any changes. For the avoidance of doubt, the terms applicable to you are the terms in force at the time and date that you complete your onboarding.  Where you do not wish to accept changes to this agreement we may refund a proportionate amount of your subscription fee paid. Where the changes to this agreement are necessitated by a change in the regulations or law we may introduce changes to this agreement effective immediately and no refunds will be given if you decline to accept such changes.
  1. Platform Fees & Commission Rates
    Your platform fee and commission rate is guaranteed to remain the same for duration of your subscription.  We reserve the right to add a surcharge to the platform fee or commission rate where a change in the law or regulations or the introduction of a new law, regulation, tax, or statutory charge involves us in extra costs, or the licensing fees charged by the Regulator rise at a level in excess of CPI.  No fee schemes are made available at our sole discretions and we may alter or amend the commission rates or terms of no-fee schemes at any time.
  1. Confidentiality
    We will provide you with data, information and other resources from time to time. Any and all such information, data and other resources is solely for your personal use to enable you to effectively make use of the platform.  You may not publish, share or distribute any information provided to you such as financial statements, screenshots of the driver app or website, booking or vendor details, or information or guidance material provided by us.
  1. Assignment
    You may not assign this contract due to private hire licensing regulations.  We may assign this contract and will always give you written notice of such assignment.
  1. Your availability
    Terago offers both subscription schemes where a platform fee is payable and no-fee schemes.  If you elect to join the standard scheme there are no minimum job or availability quotas.  If you have joined a no-fee scheme you will need to generate sufficient commission revenue to compensate us for the resources provided to you.
  1. Jurisdiction & Law
    This agreement will be governed by English law to which all parties unreservedly submit.