Independent Contractor Agreement

1. AGREEMENT

1.1 This Independent Contractor Agreement (“Agreement”) describes the rules, restrictions, and obligations that govern Your provision of services through the RouteBox Platform (“Contracted Services”). This Agreement is between You, an independent contractor, engaged in the business of performing the Contracted Services (“Contractor”), and RouteBox Delivery Services with whom You are entering this Agreement. The Contractor may enter this Agreement either as an individual sole proprietor or a corporate entity. This Agreement will become effective on the date it is accepted regardless of whether Contractor is eligible to, or ever does, perform any Contracted Services.

2. TRANSLATION

2.1 This Contract may have been translated, if We have made them available to You, You agree that the original English text shall prevail in the case of a dispute.

3. DEFINITIONS AND INTERPRETATION

3.1 In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings.

3.2 The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  • “Business” (referred to as either “Business”, “We”, “Us”, “Our”, or “RouteBox”, in this Agreement) refers to RouteBox Delivery Services.
  • “You” means the individual, company, or other legal entity contracted to perform contracted services.
  • “Independent Contractor” (referred to as either “You”, “Your”, “Contractor”, in this Agreement) means the individual, company, or other legal entity contracted to perform Contracted Services.
  • “Client” means the individual, company, or other legal entity accessing or using the Service to deliver Merchandise to their Customers.
  • “Party” means the ‘The Business’ and the “independent Contractor” as named in the main body of this Contract.
  • “Country” refers to Canada.
  • “Contract” refers to the entire agreement between You and the Business.
  • “Merchandise” means goods provided by the Client to be delivered to the Client’s customers using the Service.
  • “Delivery” means the act of promptly and safely transporting goods from the Client’s store to the Client’s customers.
  • “Effective Date” means the date this agreement was accepted.
  • “Intellectual Property Rights” means, in respect of each Party, such Party’s proprietary rights, title and interest in and to any and all names, logos, trademarks.
  • “Customer” means any Consumer of the Client.

4. RECITALS

4.1 RouteBox is a business that provides a platform that connects Contractors and Clients (together, Our “Platform”). Our Platform enables individuals and businesses (“Clients”) to place delivery orders for Merchandise to be transported from an origin to a destination. Once such orders are placed, the Contractor will be notified that a contracted service opportunity is available and facilitates completion of the contracted services.

4.2 The Contractor is an independent provider of contracted services, authorized to conduct such services in the geographic location(s) in which they operate. Contractor possesses and/or controls all equipment and personnel necessary to perform the contracted services in accordance with applicable laws. The Contractor desires to enter into this Agreement for the opportunity to receive Contracted Service opportunities made available through the Our Platform. The Contractor understands and expressly agrees that they are not an employee of Our Business, Clients, Our Client’s Customers or individuals using Our Platform and that they are performing contracted services on behalf of themselves and their business, not on behalf of Us. The Contractor understands that: (i) they are free to select the times they wish to be available on Our Platform to receive Contracted Service opportunities; (ii) they are free to negotiate their compensation by accepting or rejecting the Contracted Service opportunities transmitted through Our Platform, and can make such decisions to maximize their opportunity to profit; and (iii) they have the sole right to control the manner in which Contracted Services are performed and the means by which those Contracted Services are completed in accordance with applicable laws which includes but not limited to adhering to traffic laws, safety regulations, and any other relevant legal requirements.

5. DURATION OF AGREEMENT

5.1 This contract shall last until it is terminated by either Party, in writing, without prior notice.

6. OPERATION AND SCOPE

6.1 It is expressly understood and agreed that the Independent Contractor shall promptly and safely deliver the entire Merchandise to the Client’s Customers in a motor car, truck or van. The Contractor agrees not to tamper, or open the Merchandise for any reason. Any tampering or theft of the Merchandise will be considered a material breach of this Agreement.

7. EXPENSES & TAXES

7.1 The Contractor agrees to the following:

i. Expenses: The Contractor shall be solely responsible for all expenses incurred in performing the Services, including but not limited to fuel, maintenance, and insurance.

ii) Taxes: The Contractor is responsible for all applicable taxes, including but not limited to income taxes, self-employment taxes, and any other taxes related to the compensation received under this Agreement.

8. INDEPENDENT CONTRACTOR STATUS

8.1 The Contractor is an independent contractor and not an employee, agent, or partner of the Business. The Contractor has no authority to enter into contracts or agreements on behalf of the Business and shall not be entitled to any employee benefits.

9. COMPLIANCE WITH LAWS

9.1 The Contractor shall comply with all applicable federal, provincial, territorial, and local laws and regulations while performing the Services under this Agreement. This includes all applicable laws related to vehicle operation, driver’s licenses, work authorization and any required permits or licenses.

10. INSURANCE

10.1 The Independent Contractor shall maintain adequate insurance coverage for the delivery vehicle(s) used in connection with the Services. The Business may request proof of insurance at any time.

11. PAYMENT FOR SERVICES

11.1 Unless a different rate of pay is negotiated or the Contractor is notified otherwise by Us in writing or except as provided herein, the Contractor will receive payment for all Contracted Services fully performed in an amount consistent with Our provided pay model, which can be found on Schedule 1. We reserve the right to adjust or withhold all or a portion of payment owed to the Contractor if We reasonably believe that the Contractor has defrauded or abused, or attempted to defraud or abuse, Our platform. From time to time, Contractors may be offered opportunities to earn more money for performing Contracted Services at specified times or in specified locations. Nothing prevents the parties from negotiating a different rate of pay, and the Contractor is free to accept or reject any such opportunities to be paid at different rates.

12. ACCESS TO DEVICE LOCATION

12.1 Our Service require Us to collect location-based data from Your devices which may allow Us to track the actual location of Your devices. You agree to give Our Platform access to Your device’s precise location.

13. ACCESS TO DEVICE CAMERA AND GALLERY

13.1 Our Service require Us to gain access to Your device camera and gallery to upload proof of delivery photographs when You complete certain deliveries. You agree to give Our Platform access to Your device Camera and Gallery.

14. UNSOLICITED COMMUNICATION

14.1 The Contractor is prohibited from any inappropriate interactions or communication with Customers which includes but not limited to i) Disputes regarding a delivery or tips. ii) texting or calling customers for reasons outside of their active delivery. iii) Any form of harassment. All inappropriate behavior will be considered a material breech of this Agreement.

15. SHARING OR DISPLAYING CUSTOMER INFORMATION

15.1 The Contractor is prohibited from sharing or displaying screenshots, images or videos of the Platform, displaying personally identifiable information which includes but not limited to the Client’s and along with their Customer’s name, addresses, phone number or Credit Card information.

16. CONFIDENTIALITY

16.1 The Parties to this Contract agree that each shall treat as confidential all information provided by a Party to the other regarding such Party’s business and operations, including without limitation strategies, technologies and operational procedures. All confidential information provided by a Party hereto shall be used by any other Parties hereto solely for the purposes of rendering services pursuant to this Agreement and, except as may be required in carrying out the terms of this Agreement, shall not be disclosed to any third party without the prior consent of such providing party. The foregoing shall not be applicable to any information that is publicly available when provided or which thereafter becomes publicly available or which is required to be disclosed by any regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, any auditor of the parties hereto, by judicial or administrative process or otherwise by applicable law or regulation.

17. INTELLECTUAL PROPERTY: USE & PROTECTION

17.1 Any information, contents, materials, documents, details, graphics, files, data, text, images, digital pictures shall not be used or published either by electronic, mechanical, photocopying, recording or otherwise without the written consent from owning Party of such information, contents, materials, documents, details, graphics, files, data, text, images, digital pictures

18. SUSPENSION

18.1 We, in our sole discretion, reserves the right to suspend any or all activities under this Agreement, for a material breach of this Agreement. Notwithstanding the foregoing, We reserve the right to temporarily remove access to Our platform for the purposes of timely investigation where fraud or abuse is suspected or when deemed necessary by Us, willful misconduct, or to protect the safety and security of Our Clients and their Customers.

19. TERMINATION

19.1 Either party may terminate this Agreement at any time for any reason with written notice to the other party. We reserve the right to temporarily remove access to Our platform for the purposes of timely investigation where fraud or abuse is suspected or when deemed necessary by Us, willful misconduct, or to protect the safety and security of Our Clients and their Customers.

20. INDEMNITY

20.1 The Business shall be liable hereunder only for its own gross negligence, willful misconduct, bad faith. The Contractor agrees to indemnify the Business and save it harmless against any and all liabilities, including judgments, costs and reasonable counsel fees, for anything done or omitted by the Business in the execution of this Agreement.

20.2 The Business, It’s Clients and It’s Client’s Customers shall not be liable for any illegal conduct, actions, or omissions committed by the Contractor while performing Contracted Services. Our liability is expressly limited to the safe and timely Delivery of Merchandise in accordance with the terms of this Agreement.

The Contractor is required to adhere to all applicable laws and regulations while providing Contracted Services. Any illegal activities or violations of the law by the Contractor are Their sole responsibility, and the Business, It’s Clients and It’s Client’s Customers shall not be held liable for such conduct.

Furthermore, the Contractor shall indemnify and hold the Business, It’s Clients and It’s Client’s Customers harmless from any claims, damages, losses, or liabilities arising from their illegal conduct or violations of the law while performing Contracted Services under this contract.

This limitation of liability applies to the fullest extent permitted by law and shall survive the termination or expiration of this contract.

The Contractor acknowledges and agrees to the limitations on the Business’ liability as described herein.

21. DISPUTE RESOLUTION

21.1 If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Business.

22. FORCE MAJEURE

22.1 In no event shall the Business be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that We shall use reasonable efforts which are consistent with accepted practices in the delivery services industry to resume performance as soon as practicable under the circumstances.

SCHEDULE 1: PAYMENT FOR SERVICES

Base Pay + Promotions + Tips = Total Earnings

Base Pay

Base pay is Our base contribution for each delivery order. This will range from $2 – $10+, depending on the estimated time, distance (from the Client to the Customer) of the offer.

Promotions

Promotions are additional pay for orders that meet certain conditions.

Tips

Customers can generally choose to leave a cash tip after the Merchandise is delivered, however, this is at the sole discretion of the Customer.

SCHEDULE 2: OPERATION OF THE CONTRACTED SERVICES

  1. The Client shall place a new delivery order on Our platform.
  2. The Contractor will receive a notification from our mobile application with the offer details.
  3. If the Contractor accepts the offer, the Contractor shall visit the Client’s store and declare that they are there for a RouteBox delivery pickup and provide their name and the order number. The Client shall verify this information and hand the merchandise to the Contractor. If the package contains fast food, the Contractor is required to use a thermal bag to maintain food temperature. The Client reserves the right to refuse to hand over the merchandise if the Contractor does not have a thermal bag, in these instances, the Contractor will not be paid.
  4. The Contractor shall notify Us that the Merchandise has been picked up by updating the order status within the mobile application.
  5. The Contractor will attempt to safely deliver the Merchandise to the Customer and follow the delivery instructions within the mobile application.
  6. If any issues are experienced, the contractor shall contact RouteBox Support immediately.

RouteBox Delivery Services
[email protected]
Last Updated: 2023-09-18