For the purposes of this agreement, for all terms definitions please refer to Glossary of Terms (www.delcolink.com/legal-hub/for-everyone/glossary-of-terms). If you are unsure, electronically mail us at contact below.
NON-GUARANTEE OF SERVICE OR OFFER FOR INDEPENDENT CONTRACTORS
Offer letters for independent contractors (third-party service providers) do not guarantee the provision of services. The terms of any service agreement will be determined on a case-by-case basis and will be subject to the contractor’s availability, performance, and other factors.
Please note that our offer letters for independent contractors do not constitute a guarantee of service and are subject to revocation at any time and for any reason without prior notice or justification. We reserve the right to take legal action, including pursuing punitive damages and fines, if it is found that false information was provided by the applicant.
THIRD-PARTY SERVICE PROVIDER AND CARRIER AGREEMENT
You have the full power and capacity to enter into this agreement and perform your obligations as outlined under this agreement. You have not entered, and during the term of this agreement will not enter, any agreement that would prevent you from complying with this agreement. All information that you provide to us in connection with this agreement (which may include your business name, business number, tax profile, and other information requested by us) is precise, complete, and valid. You are legally competent to enter this agreement and will adhere to all governing laws while providing services to us. This agreement is hereby entered between parties: us and you. Only upon successful completion of a third-party service provider or carrier profile and approval from us will this agreement become in force/active.
This agreement applies to your use of our platform to receive and fulfill service requests. It is your responsibility to read this complete agreement carefully before consenting to it. Should you have any questions, ask for clarification prior to consenting. We will offer to pay for services from you and resell them to our customers along with our clientele. You are hereby declared as an independent contractor (third-party service provider) to us and our affiliates. You will not receive overtime pay, vacation pay, holiday pay, or other payments typically associated with an employer and employee association. You will be remitted under your provided business identification number or as a sole proprietorship under your legal name and/or social insurance number. It is your sole liability to remit necessary taxes and other deductions as per governing law. This agreement, including any addendum hereto, is governed by and construed in accordance with the laws of Ontario, Canada.
RELATIONSHIP BETWEEN PARTIES
You will remain an independent contractor (third-party service provider) for the duration of the term to us and our affiliates. Under no conditions will this title change.
You will be accountable for maintaining a valid workers compensation insurance coverage, in the event you assume an injury, we will not be responsible for any loss wages or liable for such an incident. You are in the understanding that ministry of labor guidelines will/may not be applicable to you. It is your sole liability to remit necessary taxes and other deductions as per governing law. We assume no accountability to you, should any claims arise therefrom, you agree to identify, defend, and hold us harmless. You also agree to be subject to the general supervision of senior management during the term to force any provisions of this agreement or any provision implemented from time to time.
Statements, business transactions, offers of services, proposals for deals, sales presentations, etc., which are not made on behalf of or for the benefit of us to our customers and vendors, are prohibited. You also may not have any financial interest, direct or indirect with anyone doing business with us, unless such interest is disclosed and authorized by our administration. This includes any attempt to reach out to our customers for direct business (evidence not required to be provided). Any such act is cause for disciplinary action up to and including termination from our platform. In addition, you may be civilly liable for actual and punitive damages incurred because of such acts.
This agreement does not establish a relationship of legal partnership, agency, joint venture, or employment. Nor give you the authority to bind with us, or our affiliates, or to hold yourself out as a legal partner, agent, joint ventures, employee, or authorized representative of us, or our affiliates. You will not make any statement or misrepresentation that you are in a relationship of agency, joint venture, legal partnership, or employment with us or our affiliates. We and our affiliates will not be bound by any agreement, guarantee, or representation that you make to any person, or by any action or inaction made by you. You accept that you make the choice to enter into this agreement willingly and free of coercion.
CLIENT SOLICITATION
Under the purview of this agreement, you, as a Third-Party Service Provider, are unequivocally prohibited from engaging in solicitation of clients for the purpose of direct business engagements outside the parameters of this contractual undertaking. In the event of an explicit contravention of this prohibition, we retain the prerogative to invoke legal proceedings. The ensuing legal course of action shall be invoked in pursuit of a minimum lawsuit claim ($ 50,000 CAD), the onus of which shall be executed via direct debit, or alternatively, through the institution of legal proceedings against you. You acknowledge and expressly relinquish any entitlement to institute cross-claims or legal actions against us with regard to the proceedings instituted herein.
TERM
The term will commence on the third-party service provider’s account creation date on the platform. This agreement will remain in force for the duration of the term which will continue until terminated by either party in accordance with our termination Policy. We hold the right to cease your account without any notice (or provide any cause) or compensation to you other than payment for satisfactory services rendered. All third-party service providers are hired with provisional status and will remain the same for the duration of this agreement. This allows allowing us to terminate or modify this agreement at any time with or without adequate notice.
ABILITY TO SERVICE
You will provide criminal and/or driving record checks upon request by us or in some scenarios will be completed by us on behalf of you. We hold the right to remove your ability to service our clientele should you refuse to provide requested documents. You will notify us immediately of any relevant changes to your licenses, permits, background, authorization to work in said jurisdiction, or other data you provide to us. You agree to notify our support team within 24 hours if you are convicted of an offence, or have a license suspension, under applicable traffic laws, and if you are charged with, or convicted of, any criminal offence.
The usage of intoxicants or narcotics while servicing us is prohibited and no third-party service providers will be allowed to service us while under the influence of anything that may have a negative impact on their performance or result in poor judgment. If you report to service affected by or having consumed intoxicants or narcotics (or suspected of under influence), you will be considered unfit for service and the agreement will be suspended or terminated. Also, law enforcement authorities may be informed.
We may temporarily restrict your access to the platform and freeze funds if we or our affiliate is investigating an alleged breach of agreements and/or policies. There may be circumstances in which we are unable to provide you with information about the alleged breach while an investigation is ongoing (either by us and/or a third-party such as law enforcement) or afterwards.
INSURANCE
This standard minimum insurance prerequisite by us is as follows, and supplementary agreements may say otherwise. For your selected service, if a motor vehicle is not needed then said auto insurance will not apply.
In United States of America all third-party service providers providing services to us must procure and maintain, at its sole cost and expense, the following minimum:
- Commercial General Liability insurance (“CGL Insurance”) covering goods and any other services of vendors under this agreement in an amount not less than one million dollars ($1,000,000.00 USD) per occurrence. Such insurance must also cover any contractual liability of a third-party service provider to us under this agreement.
- Automobile Liability insurance (“Auto Insurance”) covering all owned, non-owned, and hired motor vehicles (including any trailers provided by vendor or any other party) insuring the third-party service provider in an amount not less than one million dollars ($1,000,000.00 USD) per occurrence for bodily injury or property damage, or such larger amount as required by relevant law.
- All-risk general form of cargo liability insurance (“Cargo Insurance”) in an amount not less than one million dollars ($1,000,000.00 USD) per occurrence. Such insurance must have no exclusions or restrictions that would foreseeably preclude coverage relating to cargo claims, including exclusions for unattended or unattached trailers, theft, commodities transported under this agreement, refrigerator breakdown or lack of refrigerator fuel.
- Statutory workers’ compensation insurance in such amount(s) and in such form(s) as required by relevant law.
- Employer’s liability insurance in an amount not less than one million dollars ($1,000,000.00 USD) per individual/ accident/occupational disease/etc.
In Canada, all third-party service providers providing services to us must procure and maintain, at its sole cost and expense, the following minimum:
- Commercial General Liability insurance (“CGL Insurance”) covering goods and any other services of vendors under this agreement in an amount not less than two million dollars ($2,000,000.00 CAD) per occurrence. Such insurance must also cover any contractual liability of a third-party service provider to us under this agreement.
- Automobile Liability insurance covering all owned, non-owned, and hired motor vehicles (including any trailers provided by vendor or any other party) insuring the third-party service provider in an amount not less than two million dollars ($2,000,000.00 CAD) per occurrence for bodily injury or property damage, or such larger amount as required by relevant law.
- All-risk general form of cargo liability insurance (“Cargo Insurance”) in an amount not less than one hundred fifty thousand dollars ($150,000.00 CAD) per occurrence. Such insurance must have no exclusions or restrictions that would foreseeably preclude coverage relating to cargo claims, including exclusions for unattended or unattached trailers, theft, commodities transported under this agreement, refrigerator breakdown or lack of refrigerator fuel.
All insurance policies of third-party service provider’s necessary by this agreement must, as appropriate, be primary and must waive subrogation and influence against us and vendors. The third-party service provider represents and warrants that there are no exclusions or limitations under any such policies that would avoid coverage for any liability assumed by a third-party service provider under this agreement. third-party service provider will deliver to us written certificates obtained from the insurance agency showing that such insurance has been acquired, is properly maintained, and indicating the expiration date of the applicable policies. The third-party service provider will provide us written notice of cancelation or material alteration of any of the foregoing policies at least thirty (30) days prior to such cancelation or alteration. Also, our vendors and ourselves must be included or added as additional insureds on third-party service provider’s CGL Insurance and auto insurance policies, and vendors must be added as a loss payee on third-party service provider’s cargo insurance policy, in each case, as evidenced by an endorsement on the certificates of insurance. Upon our written request, the third-party service provider will provide us with copies of the foregoing insurance policies. All the foregoing insurance policies must be procured from insurance companies well recognized and in good standing.
PLATFORM USAGE
We, our certain affiliates, licensors of ours, or licensors of our certain affiliates, own all rights in the platform and all associated data, including all intellectual property rights associated with them. The only rights granted to you of the platform or associated data are the rights set out in this agreement. All rights not granted under this agreement by us, and our affiliates, licensors or associated affiliates are expressly reserved. Our platform is of sole property to us.
Throughout the term of this agreement, we grant you a non-exclusive, non-transferable, non-sublicensable, non-assignable license to install and use our platform, for the purposes of receiving and accessing requests associated with your services. Installation and the usage of our platform does not grant you any title or ownership of our platform. You must not share or enable sharing to a third-party, duplicate, modify, distribute, sell, lease, reverse engineer, attempt to extract the source code, cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any component of our platform or our data and this includes aggregating our data with competitors’ data. If this agreement or the license granted to you terminates for any reason, you must promptly delete the platform and associated data from your device(s).
You are prohibited from using any other technology which alters any or all portions of our platform from functioning properly. This includes but is not limited to mocking (“Spoofing”) your location, toggling status to offline when you are scheduled to be online (applicable to dedicated third-party service providers) or while a service is on-going/assigned to you, attempting to mine additional services onto your account, etc. If you are found accountable for such an act, this will result in immediate cancelation of agreement and ceasing of any compensation to your account.
You are responsible to provide your own cellular device which can support the usage of the platform and maintain internet access to accommodate the platform at your own expense.
GENERAL SERVICE PROVISIONS
Our platform is active and operating 7 days a week, 24 hours a day. You are only able to receive service requests when your servicing account status is active and online. You must provide truthful and reliable service. You agree to adhere to all duties and protocols as requested by us. Responsibilities expected will vary based on type of service. You agree that we may amend the duties as reasonable by customer needs. You are to follow procedures as provided by us prior to first service and during the term. By default, upon registration on platform you are declared as a non-dedicated third-party service provider. Thus, allowing you to go online or offline on your account at any time as you deem fit for your lifestyle.
You are the frontline for us and as such, interactions with our customers are imperative to the retainer of customers. You must treat all customers with respect and patience, rude or discriminatory behavior will result in penalty and termination from the platform. Any safety concerns you may have must always be brought to the attention of our management immediately for resolution on provided communication guide or to our support team. You are responsible for reporting violations of our provisions by another third-party service provider, vendor, or customer. Violations must be informed to our management immediately; incentive will be provided in return for the good deed act.
Should you be arrested, receive charge(s) and/or summonses while performing or having performed services for us and are being detained; the only statement that is to be given to authority is the following:
“I have been advised by my management to inform you that it is their Policy that I make no statement to you in regard to this matter until a management representative has been notified and until my lawyer is present with me.”
FOR DELIVERY SERVICES
- You may be expected to perform hand-bombing. You should be comfortable to lift seventy-five (75) pounds.
- All deliveries are to be dropped off in designated area customer wishes, in consideration of yours and the customers safety.
- You may be instructed to contact the vendor and/or recipient upon arrival at pick-up/drop-off for instruction.
- You can carry deliveries into commercial or residential buildings but only to the first level, should the customer be persistent on delivery dropped to an upper level, advise them to discuss the issue with the supplier of the goods (vendor). This minimizes hazardous incidents for you.
- For dedicated third-party service providers, you accept that your prime servicing coverage and schedule for services may be changed as necessary to meet vendor or customer needs. You must be toggled online on your servicing account throughout your schedule.
- For dedicated third-party service providers, you understand that your daily schedule can be varying in lengths until all services are successfully completed.
- For dedicated third-party service providers, all absence for service days must be informed at least seven (7) days prior to absence day to ensure approval. Absences and schedule alteration is to be informed to our support team. Your absence is not scheduled until approval by support team. Failure to provide notice will result in your account being suspended or you will be responsible for the business loss for that service day as a penalty.
- You understand and accept full liability for the prompt and safe transportation of all goods entrusted to your care. Careful handling of all packages while moving/loading/stacking to ensure no broken goods is imperative. If you notice any damage of goods prior to loading, it is your sole liability to immediately stop, and you must inform our support team and get approval to carry the damaged load. In addition, the damage must always be properly documented to challenge customer/vendor disputes.
- If you are found guilty of mishandling packages causing loss or damage of any kind, you will accept full responsibility. Should you be found guilty of negligence to cargo being transported/theft of cargo/negligence to service instructions, this will result in the cost of goods and incurred cost deducted from your pay and/or penalty charges up to ten thousand dollars ($10,000.00 CAD). No evidence required. Additionally, you can be reported to authorities for theft or illegitimate act with service.
FOR APPOINTMENT SERVICES
- You may be expected to perform hand-bombing. You should be comfortable to lift seventy-five (75) pounds.
- You may be instructed to contact the recipient upon arrival.
- For dedicated third-party service providers, you accept that your prime servicing coverage and schedule for services may be changed as necessary to meet vendor or customer needs. You must be toggled online on your servicing account throughout your schedule.
- For dedicated third-party service providers, you understand that your daily schedule can be varying in lengths until all services are successfully completed.
- For dedicated third-party service providers, all absence for service days must be informed at least seven (7) days prior to absence day to ensure approval. Absences and schedule alteration is to be informed to our support team. Your absence is not scheduled until approval by our support team. Failure to provide notice will result in your account being suspended or you will be responsible for the business loss for that service day as a penalty.
FOR RIDESHARE SERVICES
- You may be instructed to contact the rider upon arrival.
- You hold the right to refuse a rider if their behavior is rude/aggressive causing concern to you.
- For dedicated third-party service providers, you accept that your prime servicing coverage and schedule for services may be changed as necessary to meet vendor or customer needs. You must be toggled online on servicing account throughout your schedule.
- For dedicated third-party service providers, you understand that your daily schedule can be varying in lengths until all services are successfully completed (consecutive hours up to a maximum of twelve hours).
- For dedicated third-party service providers, all absence for service days must be informed at least seven (7) days prior to absence day to ensure approval. Absences and schedule alteration is to be informed to our support team. Your absence is not scheduled until approval by our support team. Failure to provide notice will result in your account being suspended or you will be responsible for the business loss for that service day as a penalty.
FOR RENTALS SERVICES
- You may be instructed to contact the vendor upon arrival for instruction.
FOR COMMERCIAL, RESIDENTIAL AND AUTO SERVICES
- You may be instructed to contact the recipient upon arrival.
- For dedicated third-party service providers, you accept that your prime servicing coverage and schedule for services may be changed as necessary to meet vendor or customer needs. You must be toggled online on your servicing account throughout your schedule.
- For dedicated third-party service providers, you understand that your daily schedule can be varying in lengths until all services are successfully completed.
MOTOR VEHICLE (IF APPLICABLE)
For third-party service providers’ service which rely on a motor vehicle, you must always carry the mandatory permits to be able to operate a motor vehicle in Canada or in the jurisdiction you are hired for. This includes a valid driving license of minimum (G) classification in Canada or a license of equal status in another jurisdiction of service. You must hold the right to service in that jurisdiction legally and must be able to provide verification upon request.
You agree to provide a properly licensed and registered motor vehicle which meets our standards upon hiring. Your motor vehicle is deemed suitable to provide services, including that it will be in a clean, maintained, serviced up-to-date, and sanitary state, and be mechanically safe to operate in accordance with relevant law to fulfill services to us collectively (“at your expense and responsibility”). You are responsible for the cost of maintenance, fuel, lease payment, finance payment, or any other payments associated with your motor vehicle. The motor vehicle will be owned or leased by you, or otherwise in your lawful possession.
You will maintain proper and adequate insurance in accordance with relevant law and our minimum standards. Proof of Insurance and motor vehicle inspection will be sent to us upon request or registration. We may stop offering you services or restrict or remove your access to the platform if you fail to provide requested information. For your motor vehicle insurance, you accept and agree that motor vehicle insurance policies must name you as the policy holder or individually rated driver, and certain private motor vehicle insurance policies (including some insurance policies held with vehicle rental or leasing providers) may not provide coverage for bodily injury or property damage arising from your provision of services. It is your sole responsibility to inform your insurer of the use of your motor vehicle for us and to meet other provision requirements under your insurance policy.
You must follow all governing laws as set out by the local ministry of transportation while servicing us. Seatbelts are always to be worn when you are in a motor vehicle and in motion. While on the road you must be doing your part to help keep yourself and others safe. This means keeping your eyes on the road and being well rested, so you can quickly react to any situation. If you are using a cellular device for navigation purposes, you must affix the device in a stable holder requiring no hands-on use while operating your motor vehicle. All phone calls to support or customers must be hands free while operating your motor vehicle. We review reports of crashes and potentially unsafe driving behavior available to us. If there is reason to believe unsafe driving practice is occurring, it can result in termination from the platform and agreement.
You agree to notify our support team within 24 hours and provide all reasonable information relating to any occurrence (including any collision involving your motor vehicle) that occurs during your provision of services to us. This includes you agreeing to cooperate with any investigation and attempted resolution of such occurrence. You are to provide us with a drivers abstract upon request (or update bi-yearly) and a full medical (drug screening) exam arbitrarily. These reports are at full expense to you and failure to provide such documentation will result in immediate suspension from our platform.
Any damages and/or accidents occurring to your motor vehicle during servicing us is not our responsibility. You agree to not hold us accountable for any damages and/or incurred costs resulting thereof. All repair costs and/or damages will be claimed through your Insurance holder. You understand that operating a motor vehicle and other duties involves inherent risks and as such, there is risk while servicing us.
You agree and accept our branding or other forms of labeling may be required to be affixed to your motor vehicle to service us. We require the placement of branded labeling to be placed on the rear end/left side of your motor vehicle for the duration of this agreement for promotion, recognition, and performance purposes. Failure to affix such material and provide proof can result in cancelation of the platform or in legal proceedings in serious scenarios.
UNIFORM AND BRANDING (IF APPLICABLE)
While servicing us you must always be in full uniform. Our uniform consists of our safety vest with our branding, your Identification (ID) tag displayed in the front ID pocket and safety shoes. Your personal ID tag which remains enclosed on the front of your safety vest is to be always fully visible. No clothing or other material article is to cover the ID tag. Your hair must be neatly pulled back while on duty so as to not get caught or disrupt ability to service. You must arrive to each service day well-groomed and equipped with full gears, uniform, personal protective equipment, dolly (if applicable), and any other additional equipment needed to service. You are responsible for maintaining uniforms, gears and any other devices provided. You assume full responsibility for any damages or injuries caused using uniform and/or devices used for service.
Protective safety shoes are to be worn while servicing for some services. It is your responsibility to purchase CSA approved/similar regulation protective shoes for that specific service. Improper footwear will result in cancelation of account. All safety and assistive equipment such as a dolly, tie-downs, cut-resistant gloves, etc. are at your sole discretion to purchase for service use. Pants that are too long are prohibited as they may lead to tripping/stumbling which can result in serious bodily harm. Any plain shirt may be worn under the safety vest. It must not be of bright distracting color and no wording/art on front or back. Any visible tattoos with inappropriate or profane imagery/wording must be covered. Jewelry must be kept to a minimum and for safety reasons, no large earrings or necklaces which can get caught on clothing or other objects.
REMUNERATION
You must pay a one-time admission fee for the setup of your platform servicing account and welcome kits (if applicable). The one-time fee can be changed from time to time and is to be paid upon receipt prior to using the platform. Your servicing account will not be in active status until paid in full.
You will be paid compensation for each successfully, entirely completed service with satisfied customer experience. You will have the ability to track your earnings or view receipt of each service on the platform with each completion of service. Compensation to you will be on a weekly basis (unless supplementary agreement says otherwise) every scheduled pay day (Friday) with one week held for security and discrepancy purposes. Each Payment consists of satisfactory services from the week prior. Should pay day fall on a statutory holiday, you will receive your pay the following business day. Typically, rates for services are flat rate with additional variable fees where applicable. For example, delivery services will be flat rate plus excess kilometer fees for deliveries outside of our proposed radius to customers. For some third-party service providers supplementary agreements may say otherwise. You will never be expected to pay our customers and/or accept payment from a customer directly. We are allowed to cancel or reduce pay rate as low as to one cent ($0.01 CAD) if your service is deemed unsatisfactory, including but not limited to negligence with goods resulting in damages, rude behavior with customers, missing goods in services due to negligence, service to wrong address, not following proper practice to successful service, suspected fraud, or misuse of goods, failure to provide Proof of Delivery (POD), etc.
For dedicated third-party service providers, all escrow funds will be held for a period of maximum ninety (90) days after the last service date. The escrow funds will allow for us to file any applicable penalties and claims. Should the claim not be resolved at the end of ninety (90) days, we may retain the escrow funds until the claim is closed. You understand that without sufficient termination notice, funds may be held back for an additional ninety (90) days or forfeited.
If we discover payment errors that resulted in overpayment to you, we may deduct the amount from future payments, debit the amount from your bank account, or seek reimbursement by other lawful means when it becomes challenging. Vice versa, if we owe you payment, we will credit that amount to you in the following payment schedule. We may withhold payments to you if ordered by a court or required by law (e.g., pursuant to a notice of garnishment) or requested by a subsidiary or affiliate. We will not be liable for a payment error or for any incorrect calculation of payment if you have not notified us of that error within seven calendar days after that deposit date. This rule is set in place to avoid history changes in the platform which will cost us irrelevant fortunes to adjust.
It is your sole liability to remit necessary taxes and other deductions as per governing law. We will remit payments to you in sole consideration of any services you complete under this agreement, which is inclusive of local sales tax. We may be required by relevant law to withhold, deduct, or collect and remit any taxes in relation to any payments due to you under this agreement. You accept that in such cases, you will not be entitled to receive any additional amount from us of such taxes.
CLAIMS AND DEDUCTIONS
You acknowledge and agree to our inherent right to recover any claims exceeding the outstanding pending payment owed to you. We reserve the right to effectuate this recovery by means of direct debit from your payment to the account or any other registered payment method with us. If the precise mechanism of direct debit proves infeasible, you shall receive an invoice from us, detailing the particulars of the claim in question.
You have a binding obligation to remit full and punctual payment pursuant to the terms stipulated in the aforementioned invoice. Any lapse or contravention of these terms shall serve as the impetus for the institution of legal recourse by us. Consequently, you are liable for both the principal quantum of the claim and the comprehensive legal expenditure attendant to such legal proceedings.
GLASS DOOR POLICY (FOR CARRIER – DELIVERY/APPOINTMENT/RIDESHARE SERVICES)
As a carrier you can supply us with more than one user (“sub-servicing account user”) for our servicing account pool under your business enabling you to benefit from their earnings. We have a full transparency Policy with our servicing account users which allows them to monitor and view their earnings in real time.
As a carrier there are two (2) tiers of pricing systems we permit as earnings gained from your members (“sub-servicing account users”) under us, as follows:
- Tier 1 for carrier who provided the user with user’s own asset for service.
- Tier 2 for carrier who provided the user with carrier’s own asset for service.
Under this glass door Policy, we allow sub-servicing account users under a carrier to view the ratio their carrier benefits from their pay. Our Policy ensures all users whether directly or supplied by a carrier are earning an acceptable compensation. We reserve the right to pay all sub-servicing account users directly and supplement carriers with gained profits from the sub-servicing accounts. There will be no payment routed through a carrier to their member (sub-servicing account user). Random surveys will be completed by us to ensure this Policy is administered successfully.
We hold the right to at any point to hire provided sub-servicing account users directly if desired; it will supersede all written agreements between the carrier and its sub-servicing account user if the party is no longer affiliated to carrier. It is the sub-servicing account user’s responsibility to inform and disengage from the carrier, we will not be liable for any incurred cost from such action if applicable.
COMMUNICATIONS
All communication to our support team or management must be done when required for record purposes. Scanning, daily log(s) and report submission is to be completed through the platform where applicable. Accuracy and timeliness are of utmost importance, continuous negligence, oversight, and discrepancies on submission(s) will cause undesirable fees or delayed payment. All communications to customers must follow the given instruction or format. You are not to contact customers or vendors after service hours under any circumstances. Communication with all support teams, vendors, customers, employees of ours and our affiliates is to be done in a polite, professional manner. Inappropriate or derogatory, unprofessional behavior is prohibited and will result in immediate cancelation of your account with forfeiture of remaining funds. The customers on site are not to be interacted with unless you have been given direct permission from us or our vendors. Any unprofessional or unwarranted interaction with a customer in any way will result in disciplinary action. In addition, you may be reported to authorities and liable for any compensatory and punitive damages.
You are expected to refrain from cellular device usage unless for service purposes. (i.e., support communication, using our platform, emergency etc.). You must abide by all governing laws of cellular phone usage during service.
The employee(s), service provider(s), administrator(s), vendor(s), customer(s) and etc. of ours should not be harassed by you at any time during your agreement term to us and following termination. Attempting to contact individuals directly or indirectly of ours in such a way will be considered harassment. We hold the right to hold you criminally liable for any unwanted actions or harassments. You will be subject to actual and punitive damages for such behavior. You are legally liable for any damages caused to us, either direct or indirect by your actions and will be responsible for compensatory and punitive damages.
INFECTIOUS DISEASE
We and our affiliates will not be held liable if you contract any disease while servicing us. It is encouraged to practice safe hygiene practices to lower risk of contracting illness. You are not to service us if any symptoms of sickness arise such as runny nose, fever, cough, shortness of breath, etc.
For dedicated third-party service providers, in the event you are sick and must be absent from service, you must inform our support team. Also, if you become ill during a service day, you must inform our support team. Under no circumstances may you leave your service without being properly relieved/with delivery goods/riders still in your motor vehicle.
TERMINATION/CANCELATION POLICY
For dedicated third-party service providers, should you wish to terminate the agreement, you will provide us with two (2) weeks-written notice. Failure to do so will result in a forfeiture of remaining balance.
In the event our contractual obligation towards the vendors or customers to which you service ceases to continue, then we have the right as permitted by law, to terminate this agreement as of the date the agreement obligation with the vendor or customer ceases. Once termination of agreement notice has been issued by either party, the third-party service provider and we agree to execute our duties and obligations under this agreement diligently and in good faith.
Termination because of inappropriate, unprofessional, or derogatory behavior, including any violations of responsibilities as set forth in this agreement will result in forfeiture of remaining payment to you.
You are required to return any property of ours which you may be in possession of. Failing to comply will give us the right to withhold payment to you until such property is returned.
Where there is a just cause for termination, we may terminate this agreement without notice, as permitted by law. Following termination of this agreement, you hereby accept the terms set forth in this agreement will be in force indefinitely in pursuant to any claims. Once this agreement is terminated you will no longer have access to your platform and must remove it from your device.
GENERAL DISCLAIMERS
All third-party service providers and carriers must review all policies available to them on a regular basis (on platform, internet site or any other means from us) and adhere to it. If a court of competent jurisdiction decides that a provision of this agreement is invalid or unenforceable, the remainder of this agreement (and to the extent practicable, the relevant provision) will remain in full force and effect. This agreement comprises the complete understanding and agreement between the parties relating to the subject matter of this agreement, and this agreement supersedes all prior and contemporary understandings and agreements, whether oral or written, relating to the subject matter of this agreement.
We uphold the right to assign or transfer this agreement or any or all their respective rights or obligations under this agreement, in whole or in part, without obtaining your prior consent. You may not assign, sub-contract, transfer, or otherwise dispose of this agreement, or of your rights and obligations under this agreement, as the rights and obligations under this agreement are personal to third-party service provider or carrier.
CONFIDENTIALITY
Neither party may reveal any confidential data (including any trade secrets) that it may receive from the other party or any of our affiliates while providing services hereunder to any third-party without the prior written consent of the other party. Neither party may participate in any publicity, press activities, advertising or other public relations regarding the services provided hereunder and naming the other party without the mutual written consent of the parties. In addition, the third-party service provider will not reveal to any third-party any confidential data disclosed to the third-party service provider by any vendor, customer, or us (or any affiliate of the foregoing) while providing services. Each party will protect any confidential data received hereunder with a reasonable degree of care. The agreements set forth in this section will apply for the duration and of this agreement and post termination.
PUBLIC REVIEWS AND REPUTATION
You are categorically proscribed from promulgating any public reviews, whether by construction or detraction, that may in any wise occasion detriment to the reputation of our entity. Concomitantly, it is incumbent upon you, prior to the publication of any reviews, regardless of their nature, to diligently seek consultation with us, thereby ensuring adherence to the terms and stipulations of this agreement. Notwithstanding the same, the act of posting reviews with the intent to derogate the reputation of our entity or without prior consultation shall render you susceptible to legal action for defamation. In such instances, we expressly reserve the right to seek pecuniary recompense from you for any consequential damages.
LIMITS OF LIABILITY
You must indemnify, defend, and hold us, our affiliates and our respective directors, officers, employees, and service providers harmless from liability of any arising out of or related to any of the following: (i) your failure to comply with any provisions of this agreement, (ii) your breach of relevant law, or (iii) third-party claims directly or indirectly related to your provision of services or use of the platform. Under no event will we and our affiliates be liable for any claim for any indirect, willful, punitive, incidental, exemplary, special, or consequential damages or for your or any third-party’s property damage or loss, or loss or inaccuracy of data, or loss of business, revenue, profits, use, or other economic advantage arising out of or related to your use of platform or your provision of services, whether based on contract, tort, extracontractual, equity, or any other legal theory, even if we and our affiliates have been advised of the possibility of such damages. Except for our express responsibilities to pay the specified amounts due to you for your service, in no event will the combined total cumulative liability of us and our affiliates of each and every kind to you under this agreement exceed the aggregate amount of fees actually paid by us to you under this agreement.
Other than with direct written permission, you must not use any of our or our affiliates’ names, logos, colors, trademarks, service marks, slogans, other identifying symbols or indicia of ownership, or copyrighted materials or content (registered or unregistered). You must not create or register any (a) business names, (b) URLs, (c) domain names, (d) platform names or titles, (e) internet sites or webpages, or (f) social media handles, accounts, or profiles that include or display our names, marks, or works or anything confusingly or substantially or confusingly like our names, marks, or works.
You are prohibited from any disloyal transactions directly with vendors, customers of us or our affiliates. If found guilty of interactions/pursuits to collaborate with vendors, customers of ours this will result in cancelation of platform, forfeiture of remaining funds and legal proceedings. You are not to conduct or supply business in any way to any vendors or customers you serviced through us for at least 3-years after the agreement termination date, if such is found, legal actions will be taken unless this action is approved by us with a release letter. In such violation, you give us legal right to obtain 50% of all your issued invoices to the party or 70 % if legal challenges are involved plus legal fees. The fee of a release letter, if granted, is five thousand dollars ($5,000.00 CAD) plus additional business charge as deemed fit by us.
You will be held liable for any damages to a vendor, customer, ours or third-party if property damage is deemed a direct result of actions made by you and/or your motor vehicle. In such a case, surveillance footage may be required where it is clear of such damages by negligence. Monetary damages will be deducted from your payment in such a claim to cover repair costs to the affected party or claimed on your insurance or by legal proceedings.
We do not guarantee, warrant, or represent to you that any minimum number of services or assignments will be available to you during the term of this agreement. You will not hold us liable for any expected wages or compensatory damage for low supply of opportunities to service.
You are expected to familiarize yourself with your local jurisdiction’s occupational health and safety act. We expect you to engage in complying with these regulations to provide a safe work environment for everyone. You agree to hold us free from any punitive damages as a direct or indirect result of personal injury up to and including death.
The platform offered by us and accepted by you will be considered “as is” and “as available.” We will be held harmless from any damages as a cause thereof. We will not be accountable for any general, special, incidental, or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by you arising out of the usage or failure to use the platform. In no event should our total liability to you for all damages exceed the amount of fifty dollars ($50.00 CAD). No oral or written statement or guidance given by us, or our authorized representative will construct a warranty. Should the platform or services prove faulty, you accept the cost of required servicing, repair, or adjustment. We deny all warranties and conditions with respect to the platform and any services, either express or implied, including but not limited to, satisfactory quality, capability for a particular intent, accuracy, or ease of usage/enjoyment. We will be held harmless from any claims arising from any infringement from third-party applications or services.
We do not guarantee that usage or performance of the platform will be uninterrupted or error-free. You accept that the platform in usual is prone to errors and weaknesses within a reasonable measure. We make no warranty expressed or implied regarding the ability of the platform for a specific intent or that the platform will be suitable for your requirements.
CHANGES TO THIS AGREEMENT
The content of this agreement is for your general information and use only. These agreements are subject to modification without notice. You acknowledge that this information may contain inaccuracies or errors and is subject to adjustment and we expressly omit liability for any such inaccuracies or errors to the fullest degree authorized by law. We urge you to regularly review this page (and all available policies & agreements) for the latest information on the agreement. Your continued use of our platform and internet sites constitutes your agreement to be obliged by such amendments to this agreement. Your only remedy, if you do not agree to the terms of this agreement, is to cease use of and access to our platform and internet sites.
Each version of this agreement is identified by its effective date on this article.
ENGLISH VERSION CONTROLS
Non-English versions of this agreement are supplied for accessibility only. In the occurrence of any ambiguity or conflict between interpretations, the English version is authoritative and rules.
CONTACT US
If you have inquiries or concerns concerning this agreement or about our legal practices, please contact us by electronic mail at Legal@delcolink.com or at:
DelcoLink Group LTD.
Legal Team of DelcoLink Logistics
200 – 250 UNIVERSITY AVENUE
TORONTO ON M5H 3E5
Last Updated: Dec 19, 2022