DRIVER TERMS AND CONDITIONS

These Terms and Conditions set out how we work with sub-contractors that we engage to provide the services our customer’s book. We will refer to these as ‘You’ or ‘Partners’ throughout this policy and any reference made to “we”, “us” and “our” relates to Local Van. Our details can be found in the “About Us” section.

We help our customers move items near and far and, with the help of our Partners, have built a reputation of providing a professional and cost-effective service. We are extremely proud of our reputation and expect you and your drivers to uphold our values when representing us. You will not make any derisory or derogatory remarks about Local Van in any way or at any time, including on social media. Any instances contrary to this will be deemed a breach of these Terms & Conditions.

Our intellectual property, whether registered or unregistered, remains under our ownership and you agree to indemnify us at all times against any claims, or any claims for which we become liable, related to possible intellectual property infringement.

All additional documents and policies referred to within these Terms and Conditions are deemed to be incorporated. If you have any questions at any time, please get in touch at 0330 133 2410 or transport@local-van.com.

A Little Background

All our Partners are required to have and maintain a Partner Account, which we’ll refer to as simply your ‘Account’. In setting up your Account you will be required to confirm you have read and agree with these Terms and Conditions and it’s important the information you provide when setting up your Account is accurate and kept up to date. If you already have an Account, a copy of these Terms and Conditions will be supplied to you and by continuing to operate your Account you’re confirming you have read and agree with them.

We take great care with the details we collect from you. Please take the time to review our Privacy Policy, which sets out the data we collect and how it is used. As a Partner, you will also be bound by our Customer Terms & Conditions and so you must also indicate you have read and agree with these when setting up your Account. If we amend these Terms and Conditions at any time, we will make you aware via our website.

We hope our partnership will be a successful one, and although we obviously hope to supply you with jobs, we are not obligated to do so. You are also not obliged to undertake a minimum or specific number of jobs. We also reserve the right to close your Account and terminate our Agreement at any time and without reason, but in the unlikely event this should happen, we will inform you in writing.

It is important you do not share your log in details for your Account with anyone else at any time without our written consent. If you do, we may terminate our relationship and seek the recovery of any losses.

Your Account

Once set-up, your Account will provide access to a dashboard that sets out all your information and provides access to the policies highlighted in these Terms and Conditions. When setting up your Account, there is specific information we need you to provide in order for us to work together:

Your contact details, including your UK postal address, contact telephone number and e-mail address.
Where you’re based and the geographical area in which you’re happy to undertake jobs. Please note that while operating services on behalf of Local Van, we are entitled to monitor your location.
A copy of your Driver’s Licence, to validate you are can provide the services under these Terms and Conditions.
Details of your insurance cover and evidence that all premiums are up to date.
If you have any staff that you engage to complete any jobs you must ensure they are aware of our Terms and Conditions and Policy and that they agree with their contents.

Any changes to any of the above information must to be notified to us and your Account updated.

How It Works

Customers will input the details of their Job on our website and you will receive a notification – for details on how to receive notifications on Jobs and how to accept or reject them, please visit www.local-van.com. We might also contact you directly regarding specific Jobs.

If for any reason you are unable to undertake the Job allocated, or if any issues related to the Job arise, you must inform us at the earliest possible opportunity. If you accept a Job, but subsequently advise us you are unable to undertake/complete it, you will not receive payment related to the Job and we may seek to charge you for any losses we incur.

You will be in breach of our Agreement if you commence a Job, but do not complete it and we will accept no liability for any losses incurred. You must also not unlawfully retain a Customers’ belongings and we will accept no liability for any losses should you do so.

If you are unable to undertake the Job due to an error made by the Customer, you may be entitled to an Attendance Fee – please refer to our Code of Conduct for further details on Charges and Fees.

How We Work Together

In addition to the obligations highlighted in these Terms & Conditions, we have a reasonable expectation that you will undertake all Jobs with all due care, skill and ability to promote the interests of Local Van. Furthermore, we expect you and your drivers to comply with all anti bribery and anti corruption legislation and ensure at no time is anyone under the influence of alcohol or drugs whilst engaged on a Job.

You must ensure you have sufficient drivers to complete a Job you have accepted, and you must also:

Ensure both you and your drivers have the right to live and work in the UK and hold the relevant documentation. You are fully liable for and indemnify Local Van for any claims related to employment or worker status.
Ensure all your drivers hold a valid UK driver’s licence and a fully comprehensive insurance policy from a reputable provider. Any change or interruption to insurance cover or change in status of the drivers licence must be notified immediately.
All additional licences or consents required to complete the Job are in place prior to starting.
Have a comprehensive Health & Safety policy in place that all your drivers comply with in respect of all Jobs undertaken.
Agree to comply with your obligations under these Terms & Conditions and will ensure all your drivers also do so.
Inform a member of our Transport Team at the earliest opportunity, but no later than 24 hours, following receipt of a complaint from a customer about services provided.
Provide your own vehicle and ensure it is comprehensively insured, taxed, clean and in a good state of repair and ensure the same standards for all your drivers.
Meet the costs of any fines, penalties or charges related to your vehicle whilst undertaking a Job, including any incurred whilst travelling to and from a Job.
Whilst engaged on a Job, inform us of any opportunities you or your drivers encounter that relate to our services and you feel may to our benefit. Conversely, you and your drivers must not solicit business from our customers.

You are engaged as an independent contractor and have full responsibility for declaring all income related to Jobs completed on our behalf to HMRC and payment of the appropriate income tax and national insurance. You will let us now if you are VAT registered and if there are any changes to your VAT status.

Providing it is not in direct competition with our services, or conflicts with these Terms & Conditions, you and your drivers are free to engage in other businesses, trades, professions and occupations.

You or any of your drivers are not permitted to disclose to any third parties any confidential information that relates to Local Van or any of its customers, including once our Agreement has concluded or been terminated. The only exception is if you are required to do so by law or have our written authorisation.

The Money

Here we outline how we handle fees, payments and charges:

Unless expressly permitted to do so, you or any of your drivers must not incur any expenditure on behalf of Local Van or represent yourself as someone authorised to do so.
You must not accept any direct payment from customers for the services they have booked from us or agree any amendments or additions to the services booked.
We will be happy to reimburse you for any additional charges you incur whilst operating on our behalf, providing they are reasonable, have been agreed in advance and you can provide receipts. The same applies to any additional drivers engaged on the Job.
Should a job require you to travel beyond a reasonable distance, we may at our discretion agree to pay additional costs outside of our standard terms. These must be discussed in advance, or immediately upon confirmation of the destination.
Any requirements for travel beyond the UK, such as visas or insurance, are to be arranged and paid for by you.
You and your drivers are free to keep any tips or gratuities given by our customers in regard of the Job you have undertaken.

As you are an independent contractor, this agreement relates to the provision of services and is not a contract of employment. With specific reference to how we pay our Partners, there are additional points to note:

Once you have completed a Job, you must confirm via the Site/Driver App and record where indicated, which will automatically raise and submit your invoice. Please do so within 7 days of completion and we will endeavour to make payment within 14 days, including any additional fees or charges agreed. Missing this deadline may result in payment being delayed until 90 days after invoice submission.
Payments for completed Jobs are made twice a week. Any outstanding payments due to us must be paid in full and we reserve the right to deduct these from any invoice payment.
We will not make payments related to additional services you or your drivers provide that were not agreed as part of the original Job.
All prices quoted on our website are exclusive of VAT. If you have notified us of your VAT status, we will reflect this in your invoice, otherwise we will exclude VAT. Any changes to your VAT status will only apply to future invoices and will not be back dated.
You are liable for and agree to indemnify us for any claims made against us for non-payment of the appropriate income tax, national insurance, VAT or any other fees payable by you or your drivers for fees payable under our agreement.
With regard to Click & Accept Jobs, payment for these must be made directly to Local Van.
You will be liable for any damages or losses to customer property during the undertaking of the Job.
You will indemnify Local Van and accept liability for losses or costs associated with any breach of these Terms & Conditions by you or your drivers.
Payment of fees, in full or in part, is made without prejudice to any claims or rights of Local Van against you in respect of your provision of the services outlined in these Terms & Conditions.

Our Relationship

It’s important to highlight some specific areas relevant to our working relationship with our Partners:

Should you breach the terms of this Agreement, or any of our other policies, or commit any act of gross misconduct or negligence that is to the detriment of Local Van, we reserve the right to terminate our agreement without giving notice. In these circumstances, our only obligation will be to make payment of any monies accrued to the point of termination.
In the event of a breach, should we use our discretion in not taking action, or if there is a delay in taking action, this should not be interpreted as a waiver of that right and does not affect our right to take action in future should further breaches occur.
If you are a corporate body, we reserve the right to terminate this Agreement with immediate effect should you go into administration or initiate a winding-up order, or if a receiver is appointed by your creditors.
In the event our Agreement is terminated, you will return any property you have been given by us or our customers, including confidential information, and no longer represent yourself as being connected to Local Van in any way.
You confirm that at no point during our Agreement you are a managed service company as defined within section 61B of the Income Tax (Earnings and Pensions) Act 2003.
No part of this Agreement confers rights to any third parties unless expressly agreed and stated.

Additional Points

The following points provide further clarity on some general points related to our agreement:

All notices given and received shall be issued either in writing or verbally over the telephone. We will accept notices have been delivered if signed for by us or communicated verbally to one of our staff.
Notices issued by us in writing will be deemed to have been received if delivered during normal business hours by courier or registered mail, 5 business days after being posted by standard domestic mail or 10 business days by international mail.
These Terms & Conditions capture all relevant points relating to our agreement together an any changes must be agreed by both parties in writing.
If we discover that any part of this Agreement is unlawful, invalid or unenforceable, we shall update the Agreement accordingly. The remaining provisions will remain valid.
Should we have any disputes, both parties agree to enter into mediation in good faith in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation procedure. Any dispute must be notified in writing (ADR notice) and referred to CEDR, who will nominate a mediator within 14 days of the ADR being issued.
Unless agreed, mediation will start no later than 28 days after the ADR and both parties agree to participate in the mediation process and only initiate legal proceedings in the event the mediation fails to reach an agreement that satisfies both parties.
These Terms & Conditions and our Agreement are governed by the laws of England and Wales and any dispute, proceedings or claims arising from them will fall within the jurisdiction of the courts of England and Wales.