This Contract provides the terms and conditions for the provision of services to Tyme Logistics LLC (“the Contractor) by ___________________________ (“the Subcontractor”). Individually referred to as ‘Party’ and collectively referred to as ‘Parties’. The Parties intend to be legally bound as follows:
The Subcontractor will provide dispatching services to Tyme’s client on behalf of the Tyme. Tyme Logistics will provide the Subcontractors an email address, free dispatch training, necessary paperwork for them to commence their services, a part-time virtual assistant, help with signing drivers, will provide onboarding of carrier to Subcontractors and pay for the DAT load boards monthly minimum subscription. The Subcontractor will render their skills professionally and to the best of their ability.
- Term and Termination
The Term of this Agreement will commence on ______________________ and end on ___________________. However, the agreement may be terminated earlier by mutual agreement of both parties. Additionally, the agreement may be terminated at any time for any reason including non-payment, provision of mediocre work among other reasons.
- Provision and Acceptance of Services
- The Contractor is under no duty or obligation to provide the Subcontractor with work at any time or of any nature other than that provided for under this Agreement.
- The Subcontractor is under no duty or obligation to accept any offer of work received from the Contractor other than that provided for under this Agreement.
- The Contractor is entitled to offer work to, and engage the services of, any other sole trader, partnership, firm or Contractor who provides the same or similar Services as the Subcontractor.
- The Subcontractor is entitled to accept and carry out its Services for any other sole trader, partnership, firm or Contractor, except where to do so would detrimentally affect the Subcontractor’s ability to provide Services to the Contractor as agreed under this Agreement.
- Payment and Taxation
- The Subcontractor will split up weekly earnings obtained from bookings with Contractor. The Subcontractor will keep 70% of the total earnings and the Contractor will receive 30% of the total earnings.
- The Parties agree that the Subcontractor is responsible for payment of any taxes or national insurance arising from the performance of, and remuneration for, the Services.
- The Subcontractor agrees that it will indemnify the Contractor in respect of all liability for taxes and National Insurance contributions including, but not limited to, Income Tax, Corporation Tax and Capital Gains Tax arising out of the performance of the Services.
- Independent Contractors
The Contractor and Subcontractor are contractors independent of each other, and neither has the authority to bind the other to any third party or act in any way as the representative of the other, unless expressly agreed to in writing by both parties.
- The Subcontractor shall indemnify the Contractor in respect of any direct loss incurred by the Contractor in the performance of the Services in consequence of any negligent act or omission committed by any person or organization acting on behalf of the Subcontractor.
- The Contractor shall indemnify the Subcontractor in respect of any direct loss incurred by the Subcontractor in consequence of any negligent act or omission committed by any person or organization acting on behalf of the Contractor in the normal course of the performance of the Services.
- Limitation of Liability
- The liability of the Contractor to the Subcontractor under this Agreement shall be limited to any direct loss suffered by the Subcontractor as result of the negligent performance of the Services and only where the Subcontractor notifies the Contractor of the negligent act or omission in question within seven days of the date when the Subcontractor became, or should reasonably have been, aware of that act or omission.
- The Contractor shall not be liable for any loss caused by any act or omission of an operative of the Contractor where that operative was not acting in the normal course of performance of the Services.
- Dispute Resolution
Any disputes arising between the parties regarding the subject matter of this Agreement shall be solved in good faith through mediation.
- Governing Law
This Agreement shall be construed in accordance with the laws of the state of _______________ and the Courts of ____________________ shall have exclusive jurisdiction in so far as any matter arising from this Agreement is required to be referred to a court of law.
- Entire Agreement
This Agreement constitutes the entire agreement of the parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
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