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Independent Contractor Letter of Agreement

This letter supplements the Agreement for Services for Self Employed Independent Contractors and details the invoicing method, assignment specification and performance indicators for a driver working on a contract on behalf of Kedan Transport Ltd.

The commencement of the assignment is . The assignment is until notice is given by either party.

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 will be £124 per day plus a mileage rate, which may fluctuate dependent on the fuel rates changing. Your Induction and Ride Along are an integral part of your training and are paid at £80. for per day for the On-Site Training and £80. per Ride Along (maximum of 2). The rates are subject to change and will be reflected in our rate card, you will be notified of any changes and the rate card will be published on our website.

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. If you are hiring a van through Kedan Transport Ltd, your payment will be 4 weeks in hand. If you arrange your own vehicle, it is 2 weeks in hand. It will be paid by BACS upon receipt of a fully completed invoice.

5. The assignment details will be confirmed to you on commencement of the job and explained throughout the training process.

6. The performance indicators are all deliveries and/or collections completed on time and by following the process as you are trained to do. Fines can be imposed for any failures and claims arising from your negligence.

7. Your company contact is the On-Site Managers. You must contact them if you experience or anticipate you will have any difficulties in meeting the specifications of the assignment as listed above.

8. As per our Child Slave Labour Policy 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.

10. All of our policies and procedures are available within the driver handbook. The driver handbook can be downloaded from our website or a copy can be found with the On Site Manager, please familiarise yourself with the following:

Anti-Harassment Policy
Anti-Discrimination Policy
Pregnancy Policy
Disability & Religious Policy
Drug & Alcohol Policy
Anti-Solicitation Policy
Health & Safety Policy
Anti-Bribery and Anti-Corruption Policy
Child Labour Policy
Working Hours & Pay Policy

Please fill out the acceptance form below and return before your commencement date, after which the offer will be withdrawn.

Unfortunately, you will not be able to start on the contract until this has been agreed and signed by both parties

I (select as appropriate) the position and the term and conditions listed in this Independent Contractor's letter of agreement.

Signature:


Agreement for Services for Self Employed Independent Contractor

This agreement made on between
1. Kedan Transport Ltd 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 when you let us know you will no longer be available to contract for us.
b) ‘Personnel’ means the personnel of the Independent Contractor who are engaged, at the discretion of the Independent Contractor, in the execution of the assignment on behalf of the Independent Contractor from time to time.
c) ‘Independent Contractor 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 Independent Contractors Letter of Agreement which is payable by the company to the Independent Contractor 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 Independent Contractors 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 Independent Contractor shall carry out the assignment with effect from the commencement date set out in the Independent Contractors 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 Independent Contractors Letter of Agreement.

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

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

3. Independent Contractor’s obligations.

The Independent Contractor 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 Independent Contractors 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 the independent Contractors 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 Independent Contractor shall have a full and valid driving licence

3.8 be responsible for ensuring that any motor vehicle used meets all legal standards and will be subject to safety check by the company

3.9 the Independent Contractor 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 start the daily assignment or a 45 minute break after 5.5 hours.

3.10 the Independent Contractor will meet any contract specific requirements that apply to an assignment as set in the Independent Contractors 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 their On-site Managers soon as reasonably practicable.

3.12 the Independent Contractor 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 Independent Contractor 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 Independent Contractor

3.14 If the Independent Contractor 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 Independent Contractor in respect of the execution of the assignment. These are referred to in the Independent Contractors Letter of Agreement.

4.2 The Independent Contractor 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 Independent Contractor
• UTR/VAT Number
• The week number the invoice relates to
• Individual particular details of all payments owed

4.3 The Company shall make payment of amounts properly invoiced to the Company by the Independent Contractor. Payment will be made only upon receipt of an invoice weekly, either 5 or 3 weeks after your start date (dependant on what is agreed between the Independent Contractor 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 Independent Contractor as soon as reasonably possible by a method agreed with the Independent Contractor.

4.4 Payments will only be made to the person or company named on this letter of agreement.

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 Independent Contractor the following;

a) the sum of £10 per week for administration charges; This covers the admin in the producing of pro-forma breakdowns, processing and payments of invoices and all queries.
b) any charges or expenses the Company incurs as a result of negligence of the Independent Contractor including but not limited to customer/public complaints, property damage, vehicle damage etc.
c) any PCN’s incurred will be subject to a £25 +VAT processing admin fee, if you are hiring a van that is not owned by Kedan Transport Ltd
d) any monies owed to the company such as loans/advance payments.
e) £30 from your first breakdown to cover part cost of CRBD&A

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

5.1 The Independent Contractor 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 Independent Contractor 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 Independent Contractor 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 Independent Contractor 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 Independent Contractor.

7. Use of motor vehicles.

7.1 Any motor vehicle used by the Independent Contractor or any of the Personnel in connection with the execution of the assignment is the responsibility of the Independent Contractor and the Company shall have no liability in respect of any such vehicle. For the avoidance of any doubt, any motor vehicle used by the Independent Contractor, or any of the personnel, shall be provided by the Independent Contractor at its own expense.

8. Trade secrets and confidential information

8.1 The Independent Contractor agrees;

a. That all information furnished to or obtained by the Independent Contractor or the Personnel in the course or as a result of executing the assignment shall be kept confidential by the Independent Contractor 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 Independent Contractor 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

8.2 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 Independent Contractor or the Personnel.
8.3 The Independent Contractor shall draw the provisions of this clause to the attention of the personnel and ensure that the personnel comply with them.

9. Termination

9.1. This agreement shall automatically terminate by mutual agreement or upon notice unilaterally given by one party to the other.
9.2. Either the Company or the Independent Contractor may terminate the agreement by giving the other written notice of not less than the notice period.
9.3. The Company may terminate this agreement immediately by written notice to the Independent Contractor in the event that the assignment is not being executed to the reasonable satisfaction of the Company or the Independent Contractor is in breach of any obligation of this Agreement.
9.4. Failure by the Independent Contractor to give notice of termination in accordance with this agreement, or a failure on the part of the Independent Contractor to work said notice, shall constitute a breach of agreement and shall entitle the Company to claim damages from the Independent Contractor for any resulting loss suffered by the Company.
9.5. Failure to return any equipment / PPE issued to the Independent Contractor will be chargeable.
9.6. The Company shall be entitled to pursue the Independent Contractor for any damage or claim outstanding after the termination between both parties.

10. Relationship between the parties

10.1. 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 Independent Contractor or any Personnel.

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

11. General

11.1. 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 Independent Contractor.
11.2. 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.
11.3. 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.
11.4. The Independent Contractor shall be entitled to substitute alternatives for the Personnel, with the prior written consent of the Company such consent not to be unreasonably withheld.

12. Notices

12.1. 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 Independent Contractor.

13. Proper Law

13.1. 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.

14. Previous Contracts

14.1. 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.

15. Amendment

15.1. 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.

16. Assignment

16.1. The Independent Contractor 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.

16.2. 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 Independent Contractor

17. Third party rights

17.1. 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.)

18. Force Majeure

18.1. 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.

19. Storage of Data.

19.1. By signing this agreement, you are giving consent for the company to lawfully store and distribute data that is held.
19.2. All PII (Personal Identifiable Information) is held within GDPR (General Data Protection Regulations).
19.3. All data is stored on an encrypted secure cloud server and not on any individual devices.
19.4. Data will only be shared with third parties that have a legitimate interest, including, but not limited to, the company’s customers, government agencies (including HMRC, DVLA, Home Office, Police), screening agencies (criminal record checking), local authorities (in compliance with a legal obligation) and any occasion involving the company’s or a third party’s insurance company.

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

Executed and Delivered as a Deed by Kedan Transport Ltd by

Witness Signature:

Executed and Delivered as a Deed by

Independent Contractor Signature:

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