SHIP4U DRIVER AGREEMENT
1.INTRODUCTION AND ROLE
Ship4u Logistic Inc. (“Company”, “Corporation”, “we”, “us”, “our”, or “Ship4u”) provides a way for you (the “Driver”) to receive location based freelance order notification via appropriate application (the “App”) provided by Ship4u to you.
The system alerts the Driver (via the App) of any orders being placed by a customer (“Orders”) through electronic message transmission (e.g., SMS, push notification etc.). Upon acceptance, these Orders need to be processed, picked up and delivered by the Driver.
- NATURE OF RELATIONSHIP
Both parties acknowledge and agree that the nature of the relationship being created in the Agreement is not one of employer/employee but rather one of principal/agent.
Compensation of Drivers (including penalties) shall be performance-based.
- Ship4u Logistic Inc. (“Ship4u”) provides a way for you (the “Driver”) to receive location-based freelance order delivery notifications as displayed on a Web or Mobile Application or Terminal Device (the “App”) provided by Ship4u to you.
- Ship4u employs the “Website”, https://www.ship4u.ca, and a mobile application, (the “App”).
- The App alerts the Driver of any orders being placed by a customer (“Orders”). These Orders need to be processed, picked-up and delivered by the Driver.
- Ship4u agrees to provide our Drivers with tutorials, detailing the App instructions and setting out, among other things, how to respond to an order
- The Driver agrees to place a $500.00 deposit (“Deposit”), which this shall be a condition (in favor of Ship4u) of this Agreement. The deposit is to be held for situations where the Driver is deeming responsible for any claim that is proven to be the driver’s fault. This deposit shall be returned back to the driver once they decide to terminate their relationship with Ship4u.
The occurrence of the following, when attributable to the Driver, shall be a “Default Event”:
- Any tampering with, or modification of, any hardware provided by Ship4u to the Driver (including expressly without limitation the App and any associated devices and hardware).
- Any tampering with, or modification of, any software, program or electronic protocol of (or licensed by) Ship4u, whether proprietary or simply employed by Ship4u in connection with the System.
- Any action or behavior that:
- Prejudices Ship4u’s commercial position before its customers in a material way;
- Reflects poorly on Ship4u and its general reputation;
- Violates terms of Ship4u’s internal code(s) of conduct;
- Divulges Ship4u customer private information to someone or an entity outside of Ship4u without written authorization from Ship4u; or
- Is unbecoming of a member or affiliate of Ship4u.
- Any theft, fraud or duplicity in respect of Ship4u (interpreted expansively to include among other things its insurer(s)) or its customers whether seemingly material or whether such act draws any formal complaint or sanction from a third party.
Upon the occurrence of a Default Event, Ship4u may, by written notice, terminate or suspend (at its own absolute discretion) any of its obligations to the Driver under this agreement and/or declare this agreement to be at an end (the effective date of which shall be “Termination”). Upon Termination, the Driver agrees to:
- Immediately destroy any downloaded or printed extracts from the App;
- Cease any activity under this agreement;
- Cease holding itself out as affiliated in any way to Ship4u;
- Promptly return to Ship4u all documents including without limitation those of a sensitive or confidential nature;
- Never disclose to any third party the contact information of a Ship4u customer or other sensitive or private information that Ship4u is obligated to protect and withhold by statute or at law generally.
- ERRORS, OMISSIONS & INSURANCE
Unless the Driver is delivering a package that was sealed by a vendor upon pickup by the Driver, the Driver is responsible for the integrity and quality of product, or accuracy of orders as accepted. In such cases, if an incorrect order (for example, wrong product(s) or incorrect quantities) is delivered to the customer then Ship4u reserves the right to debit the account of the Driver (or take other reasonable remedial action) to reimburse any associated costs.
The Driver shall keep, at all times, commercial insurance (the “Commercial Insurance Requirement”) with liability coverage of at least $1,000,000 on its automobile or vehicle to be used in connection with providing the services spoken to by this agreement. Ship4u is not responsible for any liability on part of the Driver accrued while carrying out services under this agreement.
To the extent that a third party brings an action against Ship4u as a result of a perceived or purported relationship between Ship4u and the Driver, the Driver agrees to save and hold harmless Ship4u with respect to the costs in defending such action. The Driver acknowledges that it is the Driver’s responsibility to ensure it has adequate coverage to make good on this promise to hold harmless.
Ship4u reserves the right to require proof of insurance on part of the Driver from time to time.
FULL NAME (PRINTED): ________________________