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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.
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.
The occurrence of the following, when attributable to the Driver, shall be a “Default Event”:
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:
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.
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