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.
Contracting Authority (or CA) – TheCouncil or other body procuring services from us.
‘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 contracting authority which are required to be met by any and all drivers seeking to undertake bookings provided by the contracting authority through the platform.
‘Bookings’ – A request for a service made available to drivers through the platform.
‘Service Users’ – The service user(s) for whom the service is provided.
‘Training Requirements’ – The training requirements stipulated by us in accordance with the CA’s requirements, which may be updated or amended from time to time
‘Route Offer’ – An invitation sent by us to you for you to elect to be considered for the allocation of a route.
‘Equipment’ – Equipment required to be provided by you whilst undertaking bookings for us.
Purpose
Whereas we are a private hire and London Taxi operator making available a platform for the distribution and fulfilment of bookings and you are an independent self-employed licenced private hire driver or London Taxi Driver seeking to obtain access to bookings: The purpose of the platform is to provide you with access to bookings which originate from one or more Contracting Authorities.
Self Employment
In entering into this agreement you certify that you are operating an independent business as a self-employed licensed private hire or London Taxi 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. You will be invited to accept bookings either with a price offered by us or alternatively to submit your own proposed price.
We are pleased to offer you the option of either an Independent Contractor Fee Scheme or a Worker Status Fee Scheme. You should make your own decision as to which scheme is best for you or seek advice if you are unsure.
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 contracting authorities. In all cases these words should be taken to mean ‘bookings’ as defined above and will not infer any employment status.
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 or London Taxi driver. You are providing your own vehicle; you agree to ensure that you hold all necessary permits, licenses and insurances at all times. You 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 or Public Hire Insurance Certificate, MOT, Registration Document & TFL Licensing Document.
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.
Self Certification
You have certified that you are an experienced private hire driver or London Taxi 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.
Training Requirements
You agree to meet our training requirements and any additional training requirements specified by a Contracting Authority pertinent to an individual booking prior to commencement.
Operating Procedures
You agree to provide service in accordance with the procedures detailed in the published Operating Procedures and Manuals, which may be updated from time to time.
Payments
We will make payment to you at the agreed pricing for providing your service in accordance with this agreement. Our account week runs each Monday 0001 to Sunday 0000. You will receive a statement each Monday detailing the payments and fees for rides that you have completed in the previous week, and payment will be made to you the following Monday.
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.
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.
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.
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 Contacting Authorities and service users as required to ensure the smooth operation of the service. Your telephone number may be shared with contracting authorities and/or service users 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 service users, customers and contracting authorities. 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.
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.
Termination
You may terminate this agreement at any time however if you have accepted a recurring job we require a notice period of 10 working days to enable us to find a suitable replacement. Where you do not give the required notice period and we suffer losses as a result, you agree to compensate us for any and all such losses incurred.
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 registration. 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 compensation will be given if you decline to accept such changes.
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 contracting authority details, or information or guidance material provided by us.
Equipment Loan
We may loan you equipment including but not limited to: A fire Extinguisher, Safety Equipment & Harnesses, First Aid Kits, Hi Visibility Jackets, ID Card etc. At all time this equipment remains our property and is loaned to you only for the purpose of working with us. If you choose to no longe3r work with us you must return this equipment to us at Airport House CR0 0XZ within 5 days.
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.
Jurisdiction & Law
This agreement will be governed by English law to which all parties unreservedly submit.