Rider Freelancer Agreement

Guides جنوری 5, 2022

English

INDEPENDENT “FR” AGREEMENT (“Agreement”) BY AND BETWEEN
1) R-SC Internet Services (Pvt.) Ltd (Company Registration No. 4029240-1), having duly incorporated under laws
of Pakistan, having its registered address of business at 18th Floor, Bahria Town Towers, Tariq Road, PECHS,
Karachi. (Herein referred to as a “Company”),
And
2) You (based on the details of which you have submitted including but not limited to your Name, CNIC no., Address,
Contact information, emergency contact details etc), a Pakistani National (Herein referred to as a “Freelance Rider
(FR)”).
Both jointly referred to as “Parties”.

  1. SERVICES AND CONDITION PRECEDENT
    1.1 By clicking “OK” and using the Company’s Apps (as defined below), the “FR” is deemed to have
    read, understood, and has agreed to be legally bound by terms in this agreement (“Agreement”). This
    Agreement constitutes a legally binding agreement between the “FR” and the Company. If the “FR” does not
    agree to the terms in this Agreement, the “FR” shall immediately discontinue using the Company’s Apps.
    1.2 The Company wishes to facilitate the “FR’s” engagement to the Company’s customers (“Company’s
    Customer”) via the Company’s proprietary technology, known as the “Roadrunner App” which is specifically
    designed for the matching of a service request from the Company’s Customer to a person intending to making
    such deliveries (“Company’s Apps”) and the “FR” hereby agrees to accept such facilitation service from the
    Company. For the avoidance of doubt, in the event of any inconsistency between any of the terms and conditions
    of such Company’s Apps and this Agreement, this Agreement shall prevail to the extent necessary to resolve
    such inconsistency.
    1.3 This Agreement is conditional upon “FR” duly paying the registration fee as communicated by the Company to
    the “FR”, such fee being the administrative fee incurred by the Company pursuant to this Agreement.
    1.4 The “FR” is contracted as delivery rider as of date on which the FR was provided his/her Rider ID.
    1.5 The “FR” will provide services to the Company on a non-exclusive basis and as an independent Freelance Rider
    and not an employee, agent or partner. The “FR” agrees that he / she will not be entitled to any employee
    benefits, including but not limited to social security contributions, mandatory provident fund (“MPF”) leaves,
    holidays bonuses or commission.
    1.6 The FR shall at the time of on-boarding also arrange for the personal guarantee to the Company that shall be
    deemed as an integral part of this Agreement.
  2. PLACE OF SERVICE
    2.1 The “FR’s” place of service shall be in Pakistan and within a zone where the Company provides deliveries. The
    “FR” shall be free to choose the zone where he/she wishes to provide services when selecting shifts.
  3. THE “FR’S” DUTIES AND REPRESENTATIONS
    3.1 The “FR” shall
    3.1.1 Deliver food and beverages and other goods from partner vendors to the customers within an
    allocated time frame with a high level of service and in compliance with all reasonable and lawful
    standards of health, safety and hygiene.
    3.1.2 Be polite to the Company’s customers and maintain a neat appearance.
    3.1.3 Take all necessary precautions, behave predictably and carefully in traffic and follow all traffic rules. In
    this regard, the “FR” warrants and agrees that he / she has a good understanding of local traffic laws
    and is permitted to ride a motorcycle in Pakistan.
    3.1.4 Use all delivery equipment appropriately and keep such equipment in good working order.
    3.1.5 Return all cash collected from the customers to the Company or as the Company may direct.
    3.2 FR shall not disclose or provide his/her Roadrunner ID or Roadrunner login credentials and password to any
    third person (including any third-party software or application unless expressly authorised by the Company
    to do so) (“Third Party”) or allow access to, assign or transfer his/her Roadrunner account in any manner to
    any Third Party. FR shall also not subcontract or assign any of the services to a Third Party. Company shall
    have the right to terminate this Agreement with immediate effect and file a police report should the Contractor
    act in breach of this obligation. FR shall indemnify the Company for any claim, loss or damages arising from
    the FR’s breach of this obligation
    3.3 FR represents and warrants that he/she does not have any criminal record/antecedents, pending civil or
    criminal proceedings in any jurisdiction, and nor has he/she been held liable by any court/forum of competent
    jurisdiction for an unbecoming behavior or held guilty for an offence involving moral turpitude.
    3.4 FR further warrants and undertakes that he/she shall report to the Company any act/activity involving theft,
    fraud, misappropriation or any other offence or delinquent activity concerning other FRs immediately and
    cooperate with the law enforcement agencies in carrying out the inquires/investigations in this regard.
    3.5 The FR shall not represent to be an agent, employee or staff of the Company and the deliveries made by the
    FR shall not be deemed to be provided by the Company.
    3.6 Both Parties agree and acknowledge that Company reserves a right to take appropriate action against the
    FR for misrepresentation or misstatement concerning clauses 3.3, 3,4 and 3.5 above, including but not limited
    to, reporting the FR to the law enforcement agencies and terminating the services of the FR in accordance
    with the terms and conditions of this Agreement.
  4. EQUIPMENT
    4.1 The “FR” shall
    a. Use his/her own motorcycle or have the valid authority letter/power of attorney for the permitted use of
    motorcycle, mobile phone and personal computer, and be solely responsible for all equipment costs (including
    fuel and mobile data costs) when providing services to the Company.
    b. Ensure that he/she holds a valid license with the appropriate level of certification to operate his/her motorcycle.
    c. Shall ensure that the motorcycle meets all legal plus safety requirements, including but not limited to, working
    brakes, adequate lights and reflexes, road insurance, and tires with proper grips. FR undertakes that it has
    not been stolen and that FR is in possession of all the legal documents concerning the motorcycle etc.
    d. Be offered a rider t-shirt, a thermal bag and a delivery bag which the “FR” is obliged to wear and use at the
    time of making the Company Deliveries.
  5. WORKING HOURS AND TERMINATION OF AGREEMENT
    5.1 There are no fixed hours.
    5.2 There is no mutual obligation for the Company to provide work or for the “FR” to take up or accept any delivery
    assignment prior to and / or during any shift. During any shift the “FR” may reject any delivery assignment causing
    it to be delegated to another rider.
    5.3 The “FR” is free to work for any other company, including competitors of the Company.
    5.4 The “FR” shall apply to be matched with a service request from the Company’s Customer according to the defined
    procedures via the Company’s Apps. These procedures are subject to change and it is the “FR’s” sole
    responsibility to always keep itself up to date with the most updated procedure.
    5.5 The Company may terminate this Agreement at any time without giving any explanation or reason by issuing a
    written notice to the “FR” and subsequently not providing shifts for the “FR”’s selection.
    5.6 The “FR” may terminate this Contract at any time either by informing the Company or simply by not applying for/
    taking up shifts for a period of 12 consecutive weeks. This contract shall be considered terminated on the day
    after the last day of the 12 week time period during which the “FR” stayed inactive/ did not take up any shifts.
  6. ON-BOARDING FEE:
    6.1 An on-boarding fee of PKR. 1000 shall be charged to the FR.
    6.2 The amount deposited shall be used for the onboarding equipment provided to the FR.
    6.3 The FR shall transfer the onboarding fee via online payment gateways to the Company’s account at the time
    of getting itself registered with the Company.
  7. SERVICE FEES
    7.1 The fees for the “FR”’s service shall be confirmed at the time the Agreement is signed and may be accessed
    through the Company’s Roadrunner Application and the Company’s rider website. The Company reserves the
    right and has sole discretion to change the Service Fees at any time and shall notify the “FR” 1 week in advance
    in event of such change. Continued use of the Company’s Roadrunner Application by the “FR” shall constitute the
    “FR”’s acceptance of such change.
    7.2 The “FR” should submit his / her invoice for work done twice every month and payment will be made subject to
    verification the following week, failing which the Company may provide a statement for the total deliveries
    completed by the “FR” and such statement by the Company shall be final and binding on the “FR”.
    7.3 The “FR”, as an independent “FR” and not an employee of the Company, shall be fully responsible for (i) the
    reporting of and payment of all taxes; and (ii) enrolling in and contributions to MPF.
    7.4 The Company may make deductions from the Contract’s service fees in the event that the “FR” does not return
    the thermal bags to the Company, owes the Company money from order cash collections or pursuant to the
    indemnity at clause 7.2 below.
  8. INSURANCE AND INDEMNITY
    8.1 The “FR” is responsible for arranging his / her own insurance coverage (both personal and vehicular).
    8.2 The “FR” agrees that he/she shall indemnify the Company for any claim, loss or damages arising from the “FR”’s
    breach of this Agreement due to; (i) any negligence, recklessness or omission of the “FR” in carrying out the
    Services; (ii) any third party claim arising out of or related to any harm resulting from the “FR’s” services, including
    from the Company’s Customer; (iii) or any claims, losses or damages which the Company may suffer or incur
    from the services rendered by the “FR”.
    8.3 To the extent permitted by law, the Company shall not be liable for any (direct or indirect) damages, fines, losses
    or liabilities (howsoever termed) suffered or incurred by the “FR” which may arise (whether in contract, tort, under
    statute or otherwise) by reason of or in connection with this Agreement.
    8.4 THE COMPANY IS A TECHNOLOGY COMPANY WHICH PROVIDES A PLATFORM FOR THE COMPANY’S
    CUSTOMER TO OBTAIN OR PROCURE DELIVERY OF THE ORDER PLACED BY THEM THROUGH THE
    COMPANY’S PLATFORM. WHERE THE DELIVERIES ARE MADE BY THE “FR”, THE COMPANY’S ROLE IS
    MERELY TO MATCH THE COMPANY’S CUSTOMER WITH THE “FR”. THE COMPANY IS NOT
    RESPONSIBLE FOR THE ACTS AND/OR OMISSIONS OF THE “FR” NOR THE CUSTOMER, AND ANY
    LIABILITY IN RELATION TO SUCH SERVICES OR ARISING FROM ANY SUCH OF ACT OF THE CUSTOMER
    SHALL BE BORNE BY THE “FR” SOLELY. THE “FR” SHALL NOT REPRESENT TO BE AN AGENT,
    EMPLOYEE OR STAFF OF THE COMPANY AND THE DELIVERIES MADE BY THE “FR” SHALL NOT BE
    DEEMED TO BE PROVIDED BY THE COMPANY. THE COMPANY’S APPS OR ANY OTHER APPLICATIONS
    UDER BY THE COMPANY UNDER THIS AGREEMENT (PROPRIETARY OR OTHERWISE) MAY BE SUBJECT
    TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND
    ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY
    FAILURES, DAMAGES OR LOSSES RESULTING FROM SUCH PROBLEMS.
  9. CONFIDENTIALITY
    9.1 The “FR” shall, during the period of and after termination of the contract, observe complete confidentiality in
    relation to third parties about any business or company secrets that might have to come to the “FR”’s attention
    during the “FR”’s work.
  10. Personal Data (Personal Information) Disclosure
    10.1For the Purpose of this Agreement ‘’Personal Data’’ means any information that relates directly or
    indirectly to the FR, who is identified or identifiable from that information or from that and
    other information in the possession of the Company, including any sensitive personal data.
    10.2The Company shall not disclose the FR’s Personal Data to any third party without their consent unless the
    third party is a law enforcement agency.
    10.3In case a law enforcement agency requires the Company to share FR’s Personal Data, the Company shall
    share the required data without being liable to seek consent from the FRS
  11. Call Recording
    11.1FR agrees and consents to the monitoring and/or recording, at any time and from time to time, by Company,
    its affiliates, agents and/or subcontractors of any and all oral communications between FR and Company’s
    employees, personnel and/or agents in relation to the services provided and/or this Agreement for record
    keeping, audit and quality training purposes. FR further consents and agrees to waive any requirement of
    further notice from Client of such monitoring and/or recording.
  12. DISPUTES
    12.1The Parties shall endeavour to reach to an amicable settlement to any dispute that may arise out of
    or relation to this Agreement. The Parties shall attempt, in good faith, to resolve any dispute arising
    out of this Agreement, within five (05) business days, following the receipt by one Party of a written
    notice of such dispute from the other Party.
    12.2 In case the Parties are unable to resolve the dispute as stipulated in Clause 11.1 of this Agreement, for the
    sake of amicable settlement of any dispute arising out of this Agreement, the Parties may refer such dispute
    to a mediator to be mutually appointed by the Parties within seven (7) days who shall affect the resolution of
    dispute a period of thirty (30) days, from such appointment.
    12.3Arbitration
    12.3.1 For the avoidance of any doubt both the Parties agree and acknowledge that aforementioned
    dispute resolution mechanism serves as a condition precedent before any disputing Party can
    approach the court of competent jurisdiction for arbitration. The Parties further waive all their
    objections and agree that a disputing Party, unless it has exhausted the dispute resolution
    mechanism, shall not be entitled to approach the court of competent jurisdiction for redressal
    of its grievances.
    12.3.2 If the aforementioned informal dispute resolution procedure does not resolve the dispute, the
    dispute shall finally be resolved by arbitration, in accordance with the provisions of the
    Arbitration Act 1940 (hereinafter the “Act, 1940”) or its successive law.
    12.3.3 The arbitration shall be conducted under the laws of Pakistan. The seat of Arbitration shall be
    Karachi.
  13. Jurisdiction and Governing Law
    13.1This Agreement shall be governed and construed in accordance with the laws of Pakistan. The courts
    of Sindh shall have exclusive jurisdiction in respect of disputes arising hereunder.
  14. AMENDMENT
    14.1The Company reserves the right to amend the terms of this Agreement. The Company shall inform the “FR” of
    such amendments in writing and of the effective date of such amendments. Continued use of the Roadrunner
    Application shall constitute the “FR”’s acceptance of such amendments.
    14.2All amendments shall be effective between Parties with effect from the date notified by the Company without the
    need for additional signatures or documentation.
  15. ASSIGNMENT AND MISCELLANEOUS
    15.1 The Company may assign this Agreement, whether in whole or in part, unilaterally without the “FR”’s consent.
    15.2 A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties)
    Ordinance to enforce any term of this Agreement.
    15.3 Nothing contained in this Agreement shall be construed as constituting or establishing any partnership or joint
    venture or relationship of employment between the Parties nor constitute one Party the agent of the other Party
    and vice versa and no Party shall have express or implied authority to bind or represent any other party for any
    purpose whatsoever.

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