Independent Contractor Agreement

 

This Independent Contractor Agreement (“Agreement”) and entered into by the undersigned parties: Sophie Gates T/A Simply Delivery Wellington (known as the “Business”) and you(known as the “Contractor”).

In consideration of the promises, rights and obligations set forth below, the parties hereby agree as follows:

 

  1. Term

The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect indefinitely until terminated as provided in this Agreement.

 

  1. Services

The Contractor will provide the following services:

 

DELIVERY DRIVER

 

The Contractor is agreeable to providing such services to the Business on the terms and conditions set out in this Agreement and via the guidelines presented in the Business Operations Manual or the like.

 

The services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Business.

 

The Contractor is to ensure they have registered via the business APP, ensuring all details are entered correctly and a photo is uploaded.

 

  1. Compensation

Subject to providing the services as outlined above, the Contractor will be paid 100% of the delivery fee paid by the customer, delivery fees are per *radius and calculated as follows:

 

Zone 1 = 1km Radius = $4.99

Zone 2 = 1.5km Radius = $5.99

Zone 3 = 2km Radius = $6.99

Zone 4 = 2.5km Radius = $7.99

Zone 5 = 3km Radius = $8.99

Zone 6 = 3.5km Radius = $9.99

Zone 7 = South Wellington = $12.99

Zone 8 = Northern Suburb = $14.99

 

*radius is measured from restaurant of which the order is placed and are calculated as close to the km as possible.

 

The Contractor will also be paid a $20 bonus for each night they work.

 

The Contractor will also receive 100% of tips received from the customer.

 

All rates include GST..

 

Should the Contractor be GST registered, they must ensure they advise the Business.

 

The Business will credit the contractor daily, and bonus’ weekly, via the APP. The Contractor may withdraw their monies of any amount over $100 taking 1 – 3 business days to clear.

 

The Contractor is responsible to ensure they use the APP in the manner required to ensure all pay calculations are calculated accordingly and correctly. The Business shall not be held liable for any mis-use of the APP resulting in a mis-calculation of pay. The Business reserves the right to deduct the full value of any mis-calculations that have resulted in an over payment.

 

  1. Relationship

In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Business acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

 

Accordingly:

  • The Contractor agrees that the Business shall have no liability or responsibility for the withholding, collection or payment of any taxes, employment insurance premiums, pension plans or vehicle insurance or any liability insurance or the like. The Contractor also agrees to indemnify the Business from all claims in respect to the Business’s failure to withhold and/or remit any taxes, employment insurance premiums, pension plans or vehicle insurance or any liability insurance or the like.

 

  • The Contractor fully acknowledges that they are fully and entirely responsible for keeping tax records, pay records, expenditure records and the like.

 

  • The Contractor agrees to carry out their own Admin work/requirements. At no time will these services be carried out by the Business. Should the Business be required to carry out such services, this may be at a charge to the Contractor.

 

  • The Contractor agrees that as an independent contractor, the Contractor will not be qualified to participate in or to receive any employee benefits that the Business may extend or is required to make available to its employees.

 

  • The Contractor is free to provide services to other clients, as long as prior approval is sort, and such other clients are not in competition with the Business and so long as there is no interference with the Contractor’s contractual obligations to the Business.

 

  • The Contractor has no authority to and will not exercise or hold itself out as having any authority to enter into or conclude any contract or to undertake any commitment or obligation for, in the name of or on behalf of the Business.

 

 

  1. Shift Requirements

The Contractor agrees to make themselves available for shifts by giving at least 1 weeks’ notice.

 

The Contractor agrees they will be logged into the APP for the entirety of the agreed shift, 4.45pm to 9.00pm or as to such time that all the orders are cleared and delivered from the APP.

 

Should a Contractor be unable to fulfil a shift of which they have agreed to, they must give at least 24 hours’ notice.

 

If the contractor abandons a shift of which they have started, they may forfeit the $20 shift bonus if the business is required to pay this amount to dispatch another driver.

 

It is the Contractor’s responsibility to either let the customer or business know if orders are running late with reasons.

 

The Contractor is to ensure food is delivered to the customer in the same condition received from the restaurant.

 

The Contractor is required to have an appropriate hot/cold bag/s to transport food safely and must do what ever is possible to ensure food is delivered in an edible condition, including at least of a warm temperature.

 

The Contractor hereby agrees to wear tidy smart casual clothing, be of a clean appearance, wear non-slip appropriate shoes and if requested, wear protective clothing, Hi Viz clothing or any clothing if provided.

 

The Contractor must not accept any cash payments without prior approval from the Business. All cash amounts approved by the Business, must be declared to the Business at the earliest convenience and within a 12-hour period. Should any cash payment be received without prior approval or without declaration, it may be deemed theft.

 

The Contractor must not carry out any re-delivery of any order without prior approval from the Business. Should the Contractor carry out any re-delivery without prior approval, the Business cannot be held responsible for any delivery payment owing to the Contractor for that delivery.

 

The Contractor must not do a delivery that has not been allocated to them via the relevant APP/s without prior approval from the Business.

 

The Business reserves the right to withhold any payment otherwise payable to the contractor should the contractor breach any contractual requirements listed above or throughout this contract, including but not limited to abandonment of shift either prior or during.

 

 

  1. Confidentiality and Intellectual Property

Confidential information refers to any data, including digital data or information relating to the Business, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Business.

 

The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Business or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this agreement.

 

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registration or applications for registration, and rights in any patent, copyright, trademark, trade dress, digital applications, proposals, pricing, driver rates, industrial design and trade name that is developed or produced under this Agreement, will be the sole property of the Business. The use of the Intellectual Property by the Business will not be restricted in any manner.

 

The Contractor may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent from the Business. The Contractor will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.    

 

The Contractor hereby acknowledges that it has read and agrees to be bound by the terms and conditions of the Business’ confidentiality and proprietary information agreement which forms an integral part of this Agreement. If the Contractor retains any employees or contractors of its own who will perform services hereunder, the Contractor shall ensure that such employees or contractors execute an agreement no less protective of the Business’ intellectual property and confidential information than the attached agreement.

 

The Contractor hereby represents and warrants to the Business that it is not party to any written or oral agreement with any third party that would restrict its ability to enter into this Agreement or the Confidentiality and Proprietary Information Agreement or to perform the Contractor’s obligations hereunder and that the Contractor will not, by providing services to the Business, breach any non-disclosure, proprietary rights, non-competition, non-solicitation or other covenant in favor of any third party.

 

The Contractor hereby agrees that, during the term of this Agreement and for one (2) year following the termination hereof, the Contractor will not (i) recruit, attempt to recruit or directly or indirectly participate in the recruitment of any Business employee or (ii) directly or indirectly solicit, attempt to solicit, canvass or interfere with any customer, client or supplier of the Business in a manner that conflicts with or interferes in the business of the Business as conducted with such customer or supplier.

 

Additionally, the Contractor is not to share, provide or offer information about restaurants/clients between restaurants/clients. This includes any information about another restaurant’s services, customers, promotions, or trade information/secrets.

 

  1. Termination

The independent contractor relationship contemplated by this Agreement is ongoing unless terminated earlier as set forth below. The Contractor agrees that 48 hours advance notice or fees in lieu of notice are required in the event the relationship terminates.  

 

The Contractor agrees that the Business may terminate this Agreement at any time without notice or any further payment if the Contractor is in breach of any of the terms of this Agreement.

 

The Business may terminate this Agreement at any time at its sole discretion, upon providing to the Contractor 2 calendar days advance written notice of its intention to do so or payment of fees in lieu thereof.  

   

The Contractor may terminate this Agreement at any time at its sole discretion upon providing to the Business 5 calendar days’ notice of Contractor’s intention to do so. Upon receipt of such notice the Business may waive notice in which event this Agreement shall terminate immediately.

 

  1. Obligations Surviving Termination of this Agreement  

All obligations to preserve the Business’ Confidential Information, Intellectual Property and other warranties and representations set forth herein shall survive the termination of this Agreement.

 

  1. Entire Agreement

This Agreement, together with the Confidentiality and Proprietary Information Agreement, represents the entire agreement between the parties and the provisions of this Agreement shall supersede all prior oral and written commitments, contracts and understandings with respect to the subject matter of this Agreement. This Agreement may be amended only by mutual written agreement of the party.

 

  1. Equipment

Except as otherwise provide in this Agreement, the Contractor will provide the Contractor’s own expenses, any and all tools, machinery, PPE equipment, vehicle/s, phones, hot/cold bags, raw materials, supplies, workwear and any other items of parts necessary to deliver the Service in accordance with the Agreement.

 

  1. Return of Property

Upon the expiry or termination of the Agreement, the Contractor will return to the Business any property, uniform, documentation, records, or Confidential Information which is the property of the Business. The Business reserves the right to withhold any final pay otherwise payable to the Contractor till all Business property is returned.

 

  1. Variations to the Agreement

The Parties may agree on any variations to this Agreement via a signed amendment/variation to this Agreement.

 

The parties agree to enter into this Agreement, effective once accepted.