SWFT Delivery LTD Driver Terms
SWFT Delivery LTD Driver Subcontract
SWFT Delivery LTD trading as ‘Swft delivery’ ("Swft delivery") provide website features to customers (“Customer”) when they visit or shop at www.swft.uk or using the Swft delivery app (the "Website") (“Swft delivery Services”). Following placement of an order on the website Swft delivery may sub contract the agreement for services it holds with the Customer to you (“Driver”) (“Sub Contract”).
(A) By a contract updated June 2020, which can be located on the Website, and made between Swft delivery and the Customer, the Customer has contracted with Swft delivery to provide certain provision of services (the “Services”) (which contract, as the same may be amended over time, is referred to as the “Principal Contract”).
(B) By this Agreement made between Swft delivery and the Driver, Swft delivery has appointed the Driver as Swft delivery’s subcontractor in relation to certain of the Services from time to time (which Sub-Contract, as the same may be amended over time, is referred to as the “Agreement”).
(C) Under the terms of the Principal Contract Swft delivery agreed to procure that certain of its Drivers enter into an agreement in the form of this Agreement.
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and the parties hereby agree as follows:
1. Duty of Care Undertaking
1.1 The Driver warrants to and undertakes to the Swft delivery that:
(a) it shall comply with all the Driver’s obligations under the Agreement and shall perform its duties under the Agreement and under any supplemental agreements entered into after the date of the Agreement varying such duties under the Agreement;
(b) the Driver will exercise all the reasonable skill care and diligence in its performance of the Agreement; and
(c) insofar as it is required by the terms of the Agreement to provide information to Swft delivery such information shall be supplied properly and in a timely manner.
2. Variations to or termination of the Agreement
2.1 Swft delivery may:
(a) make any change to the terms of the Agreement; and/or
(b) terminate, seek to terminate, treat the same as having been repudiated or discontinue the performance of its duties and responsibilities under the Agreement in each case without the prior written consent of the Driver.
3.1 The Driver shall not be entitled to assign transfer, charge or otherwise dispose of all or any of its rights or liabilities arising under this Agreement.
3.2 Swft delivery shall be entitled without the consent of the Driver to assign all or any of its rights and benefits arising under this Agreement at any time to any person company or other entity.
3.3 Swft delivery shall notify the Driver upon each occasion that it shall assign this Agreement.
4.1 Any notice or other communication (including any service of process or other proceedings) given or made under or in connection with the matters contemplated in this Agreement shall be in writing and shall be given or made by delivering it by hand or sending the same by prepaid first class recorded delivery post to the relevant address provided to the parties of this Agreement or such other address as shall be notified (in accordance with this Clause) by the party concerned to the other parties.
4.2 Any notice or other communication, if sent by post shall be deemed to have been served 48 hours after posting and, in proving such service, it shall be sufficient to prove that the notice was properly addressed stamped and put into the post, and if delivered by hand shall be deemed to have been served on such delivery.
5.1 The provisions of this Agreement shall be without prejudice to any other right of action that Swft delivery may have in tort or otherwise.
5.2 By accepting the Services from Swft delivery the Driver confirms to be bound by the terms and conditions of this Agreement.
5.3 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
5.4 No failure or delay by any party in exercising any right, power or privilege under this Agreement shall impair such right, power or privilege or be construed as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
5.5 No waiver of any of the provisions of this Agreement shall be effective unless it is expressly stated to be a waiver and communicated to the relevant party in writing.
5.6 Nothing herein contained shall be deemed or construed to create a co-partnership, employment agreement or joint venture between the parties hereto and the services of the Driver shall be rendered as an independent contractor and not as agent for Swft delivery.
5.7 The Driver is insured as required by DVLA to perform the Services from time to time, and hereby warrants and guarantees to Swft delivery that it shall adhere to all applicable laws and regulations required of it in the performance of the Services. Swft delivery accepts no liability for breach by the Driver of any law or regulation.
5.8 The Driver agrees to promptly to provide the information in relation to the Drivers identity and right to work that Swft delivery may request from time to time.
5.9 The Driver agrees that Swft delivery may contact the Driver with details of a delivery at any time that you specify by way of our app that you are available to provide the Services. Each delivery will be allocated to the first driver to respond to those details.
5.10 Swft delivery provides no guarantee in relation to a minimum number of deliveries (or indeed any deliveries) that will be offered to the Driver. When the Driver agrees to make a delivery, the Driver will be bound to the terms of this Agreement.
5.11 The Driver warrants not to contact a Customer except for reasons that are directly connected with the delivery. You should not make a delivery under this Agreement to a Customer unless the Customer has been specifically referred to the Driver from Swft delivery via the app.
5.12 Swft delivery grants the Driver a non-exclusive license to use the app. The Driver agrees that it will only use the app in accordance with Swft delivery’s instructions and that it will not do anything in relation to the app, which is inconsistent with the ownership of the app. In particular, the Driver warrants that it will keep its password for the app confidential and will not allow anyone else to use the app.
5.13 The Driver agrees that it will permit Swft delivery such rights in relation to the device that it uses to provide the Services as Swft delivery requires to track your location. This is to enable Swft delivery to send the Driver orders for delivery in its location, track its progress, prevent fraud and improve the Swft delivery service. Swft delivery will only use the personal data that we acquire as a result for these purposes.
5.14 The Driver must report any discrepancies in payments within 14 days and mistakes will not be rectified after this time.
6. Law and Jurisdiction
This Agreement shall be governed by English Law and be subject to the exclusive jurisdiction of the English Courts.