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Independent Contractor Agreement
Same-Day Van, HGV & Transport Services
Recitals
WHEREAS the Company arranges same-day transport and removal services for customers and allocates work to independent van and HGV operators on a non-exclusive basis;
WHEREAS the Contractor carries on an independent transport business, uses its own vehicle (van up to 3.5 t and/or HGV 7.5 t, 18 t, 26 t or 40–44 t artic) and personnel, and wishes to receive job allocations from the Company on the terms set out below;
WHEREAS the Parties intend that no employment, agency, partnership or joint venture relationship shall arise between them;
NOW, THEREFORE, the Parties agree as follows:
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Independent contractor status and tax
- The Contractor is engaged strictly as an independent contractor (selbstständiger Subunternehmer / Freiberufler oder Gewerbetreibender). Nothing in this Agreement creates an employment relationship, worker status, or entitlement to employee benefits of any kind.
- The Contractor represents and warrants that it is duly registered for self-employment in its country of operation (including, where applicable, Gewerbeanmeldung in Germany) and holds all licences required to perform the Services.
- The Contractor is solely responsible for the payment and filing of all taxes, social security contributions, VAT/USt, health insurance, pension and other statutory obligations arising from its business and from payments received under this Agreement. The Company shall not withhold employment tax or make social contributions on the Contractor’s behalf unless required by mandatory law.
- The Contractor does not invoice the Company and does not invoice customers. For each pay run, the Company alone creates and sends the Contractor a payment statement (Abrechnung) showing verified work and any authorised deductions. The Company pays the net amount by bank transfer on the 1st and 15th as set out in Clause 3. Amounts received constitute gross business income for which the Contractor alone bears tax liability under Clause 1.3.
- The Contractor may work for other clients at any time, provided such work does not prevent fulfilment of confirmed allocations under this Agreement.
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Services and allocation
- The Company may offer same-day transport allocations when customer demand exists. Allocations are not guaranteed. Volume depends on market demand and Contractor availability.
- The Contractor is not obliged to accept every allocation. Once a job or shift is confirmed by the Contractor (including by WhatsApp or the Company platform), the Contractor is bound to perform it professionally and punctually.
- Unless otherwise agreed in writing for a specific job, all work is same-day: collection and delivery occur on the same calendar day.
- Substitutes may be used only with the Company’s prior written approval. The Contractor remains fully liable for performance and conduct.
- The Contractor shall maintain WhatsApp or equivalent contact during active jobs and follow routing and operational instructions issued by the Company.
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Minimum performance and pay cycles
- Remuneration is payable only for completed, verified shifts and jobs performed in accordance with this Agreement. There is no entitlement to payment for uncompleted, unverified or disputed work.
- Payment is made on the 1st and 15th of each calendar month, matching the Company’s finance pay run. Work completed from the 1st to the 15th inclusive is paid on the 1st of the following month. Work completed from the 16th to the last day of the month inclusive is paid on the 15th of the following month. There is no payment on the 15th for work in that same 1st–15th block, and no payment on the 1st for work in that same month’s 16th–end block. The Contractor must complete a minimum of six (6) verified shifts before any first payment (Clause 3.5). If the sixth shift is completed mid-period, verified work from the 1st to the 15th is still paid on the 1st of the following month — not on the 15th of the same block. The Company initiates the bank transfer on those pay dates. The Contractor must allow three (3) to five (5) working days for the receiving bank to clear and credit the funds. Money is not treated as received in the Contractor’s account on the pay date itself. Bank delay after a timely Company transfer is not late payment by the Company. The Contractor acknowledges that payment is not due on a per-shift or daily basis and that completing fewer than six shifts does not entitle the Contractor to demand immediate or interim payment outside the scheduled pay dates.
- The Contractor is not entitled to a per-job invoice, running balance, or advance disclosure of amounts. Completing a job is recorded as job completed only. The sole statement the Contractor receives is the payment statement issued with the 1st and 15th pay run.
- Where the Contractor has confirmed availability for a shift or accepted jobs for a working day, the Contractor must complete those confirmed allocations. Failure to attend, abandonment of a shift, or last-minute withdrawal without valid force majeure constitutes a breach and triggers Clauses 7 and 8.
- During the initial engagement period, the Contractor must complete a minimum of six (6) verified shifts before becoming eligible for any first payment, unless the Company agrees otherwise in writing. Verified earnings before that threshold may be held alongside the Security Reserve.
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Remuneration — van class and HGV
Contractor remuneration is calculated by reference to verified hours, kilometres and approved helper use according to the Contractor’s assigned vehicle class (van up to 3.5 t, or HGV). Remuneration is not calculated as a percentage of the customer price.
Vans up to 3.5 t (S / M / L / XL) — 4-hour block card:
Class First 4 hours Each additional hour Included km Each additional km S €119 €30 80 €0.32 M €140 €30 100 €0.36 L €154 €30 110 €0.40 XL €175 €30 120 €0.45 HGV over 3.5 t (7.5 t · 18 t rigid · 26 t rigid · 40–44 t artic / bilico) — not the van 4-hour card. Paid per Company road kilometre (postcode to postcode):
HGV class Round trip (go and return) Go-only (no return) 7.5 t €1.65 / km €2.20 / km 18 t rigid €1.65 / km €2.20 / km 26 t rigid €1.65 / km €2.20 / km 40–44 t artic (bilico) €1.65 / km €2.20 / km - Approved heavy-load helper: €65.00 per shift, only where confirmed in writing by the Company before the shift begins.
- HGV kit used on the job (cooler, curtains, tail lift, ADR) = living wage of the Contractor’s operating country, per loaded hour, in addition to the km rate.
- HGV GPS extra kilometres do not increase pay. Same 1st and 15th pay dates, six verified shifts, then Security Reserve as for vans.
- The Contractor must hold the driving licence and operator documents required for the vehicle used (including category C / CE or national equivalent for HGV).
- Fuel, vehicle maintenance, insurance, tolls, fines and all operating costs are borne exclusively by the Contractor unless the Company expressly agrees post-completion fuel assistance in writing.
- Pay kilometres and hours are the Company’s road route (postcode to postcode, including typical traffic where the Company uses it). GPS, logs, photographs and delivery records are used to verify the run. Extra GPS distance, loitering or unauthorised detours are not paid. Hours claimed without corresponding evidence for the same day are disregarded. Disputes only as set out in Clause 6.3.
- No remuneration is payable until this Agreement is signed and until proof of delivery (photographs, signature or log) is supplied for each job.
- Empty running (to collection, and after delivery until the Contractor’s home base with an empty van) is paid at the statutory national minimum wage of the European country where the Contractor operates (for example United Kingdom, Germany, France, Italy, Poland, Netherlands, Belgium, Spain, Austria), converted to euro at the Company’s live FX. It is not paid as van-class hours.
- Van-class rates in the table apply only after collection is proven (photographs / signature). On a fresh call-out from home with an empty van, the first-four-hour block applies to that loaded work. If the Contractor is already out, or slept at home with cargo still on the van, the next day is carry-on: extra-hour and extra-km rates only, with no further four-hour block.
- Where the van remains out overnight with cargo, overnight van pay applies plus carry-on rates the following day. Authorised waiting time is paid at the same statutory minimum wage as empty running, not at the van extra-hour rate. Overnight storage of goods on the van is the Company’s storage night rate, not a working day.
- Hotel nights are not paid as working hours. If the Contractor asks the Company to pay for a hotel, the Company may book it. The Contractor reimburses the Company the actual amount paid for that booking (whatever it cost) plus an administration fee of ten percent (10%) of that amount for arranging it. The booking confirmation is kept as proof. If the Contractor wants a copy of that proof they email compliance@jkemotors.eu and the Company will provide it. If the Contractor books their own hotel they pay that provider directly; the Company does not reimburse it unless agreed in writing.
- GPS tracking must be started when the Contractor starts collection (Collect on the app / first collection proof). Failure to run GPS does not increase pay.
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Security reserve (two weeks)
- The Contractor acknowledges that the Company retains a security reserve of approximately two (2) weeks’ average earnings (the “Security Reserve”). Fifty percent (50%) of each verified amount is withheld until that reserve is fully funded. Once funded, the Contractor is paid in full for subsequent verified work, subject only to authorised deductions. There is no four-week or twenty-shift calendar condition.
- The funded Security Reserve remains held as security for the Company’s legitimate claims for damage, loss, customer compensation, confirmed cancellations, incomplete performance and related costs. It is not a join fee and is not taken again from later work once full.
- The Company may set off against the Security Reserve or any sums due to the Contractor: (a) documented damage or loss; (b) the full customer job value for confirmed jobs cancelled or not completed without valid reason; (c) reasonable administration charges (up to €50 per incident, or proven higher costs); and (d) other direct losses arising from the Contractor’s breach.
- Following termination with fourteen (14) days’ written notice, completion of outstanding work and clearance of all claims, the Security Reserve shall be released in full within thirty (30) calendar days, or earlier by mutual written agreement.
- By signing this Agreement, the Contractor expressly accepts the Security Reserve arrangement.
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Payment statements and deductions (transport-partner model)
- Remuneration is simple and fixed under Clause 4. The Contractor receives what the Company’s payment statement shows for verified completed work, minus only authorised deductions listed on that statement. The Contractor has no entitlement to the customer price and does not negotiate customer charges.
- The Company may deduct amounts only where it has checked and documented the claim (photographs, GPS/logs, customer report, repair or cleaning invoice, booking confirmation, or other reasonable proof), including for: (a) damage to or loss of customer goods caused by the Contractor; (b) damage to vehicles, equipment or property for which the Contractor is responsible; (c) cleaning, repair or valeting costs arising from the Contractor’s conduct; (d) customer compensation or refunds paid by the Company because of the Contractor’s breach; (e) confirmed cancellation or non-completion charges under Clause 8; (f) hotel and booking administration under Clause 4.11; and (g) reasonable administration costs (up to €50 per incident unless higher costs are proven).
- Before or with each pay run, the Company shall itemise deductions on the payment statement (date, job reference, reason, amount). Hotel deductions show the booking amount plus the 10% administration fee. A copy of the hotel proof is provided on email request to compliance@jkemotors.eu. Any dispute not raised in writing to that address within seven (7) days of the pay date, with counter-evidence attached, is waived and the deduction is final.
- Deductions may be taken from the current payment, the Security Reserve under Clause 5, or set off against future payments — the same way established transport platforms and partner networks operate. The Contractor acknowledges that the Company’s payment statement is the sole and final record of remuneration and deductions, and that no oral or email representations by Company staff alter it. The Company’s decision following review of evidence is final except for manifest error.
- The Contractor shall report damage, loss or incidents immediately with photographs. Failure to report promptly may be treated as evidence supporting a deduction.
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Customers and invoicing — Company only
- All end customers are customers of JKE Motors Ltd. The Contractor has no commercial relationship with customers for allocated jobs.
- The Company alone creates, issues and collects all customer invoices. The Contractor shall never invoice customers, quote prices, demand payment, or negotiate commercial terms with customers for allocated jobs.
- The Contractor shall never invoice the Company. All payments to the Contractor are made only via Company-issued payment statements under Clauses 1 and 6.
- Any attempt to invoice customers or the Company, to bypass Company billing, or to solicit direct payment from customers constitutes material breach.
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Cancellation, non-completion and last-minute withdrawal
- Where the Contractor has confirmed a job or shift and thereafter cancels, fails to attend, abandons the route, or fails to complete without force majeure or prior written Company approval, the Contractor shall be liable for the full job value charged or chargeable to the customer, together with reasonable administrative costs.
- Such amounts may be deducted from the Security Reserve, withheld from pending remuneration or recovered by set-off against future payments, without prejudice to any other remedies available to the Company.
- “Last-minute cancellation” includes cancellation or non-attendance with less than twenty-four (24) hours’ notice before the agreed collection window, unless caused by documented emergency beyond the Contractor’s control. A “documented emergency” requires written third-party proof (for example a workshop report, police report, or medical certificate) dated the same day as the claimed event. A verbal or later assertion of breakdown, traffic, or access issues is not force majeure.
- The Contractor shall notify the Company immediately of any issue preventing performance and shall not contact the customer regarding money, invoices or complaints unless authorised by the Company.
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Care of goods, insurance and indemnity
- The Contractor shall exercise reasonable professional care over customer goods at all times and shall photograph items before loading and upon delivery where requested.
- The Contractor shall, at its own cost, hold and keep current throughout the term these three policies for every vehicle used on Company work, including vans up to 3.5 t and HGV from 7.5 t onwards (7.5 t, 18 t rigid, 26 t rigid, 40–44 t artic / bilico): (a) motor insurance rated for that vehicle (commercial / hire-and-reward; HGV cover for 7.5 t and above, not a van-only policy); (b) public liability insurance; and (c) goods in transit insurance covering customer cargo on that vehicle (including HGV loads). Certificates or schedules shall be uploaded on registration and provided on request. For HGV the Contractor shall also hold a driving licence category C or CE (or national equivalent), plus CPC / Code 95, tachograph card and operator / community licence where required.
- The Contractor shall provide emergency contact details on registration and consents to the Company contacting that person if the Contractor is unreachable during an active shift.
- The Contractor shall indemnify and hold harmless the Company against claims, losses and expenses arising from the Contractor’s (or any substitute’s) acts, omissions or breach of this Agreement, except to the extent caused by the Company’s fraud or wilful misconduct.
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Term and termination
- This Agreement commences on the Agreement date and continues until terminated in accordance with this Clause.
- Either Party may terminate on fourteen (14) days’ written notice by email to compliance@jkemotors.eu (Contractor) or the Contractor’s registered email (Company).
- The Company may terminate immediately for material breach, including theft, gross negligence, repeated no-shows, invalid insurance, unauthorised customer contact, or breach of Clauses 7 or 8.
- Upon termination, Clauses 4 (for accrued verified work), 5, 6, 7, 8, 9 and 10 survive.
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General
- Entire agreement. This document constitutes the entire agreement between the Parties regarding same-day subcontracted transport services.
- Amendments. The Company may issue a replacement version of this Agreement by sending notice to the Contractor’s registered email with a link to the full current text. The notice need not itemise the changes. Continued availability, acceptance of allocations, or performance of Services after that notice constitutes acceptance of the replacement version in full. A further signature is not required. If the Contractor does not accept the replacement version they may terminate under Clause 10.2. Operational instructions issued in the ordinary course via WhatsApp remain valid where consistent with this Agreement.
- Confidentiality. The Contractor shall not disclose customer details, pricing, routes or Company operations to third parties.
- Non-solicitation. For twelve (12) months after termination, the Contractor shall not solicit customers introduced by the Company without written consent.
- Governing law. This Agreement is governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.
- Signatures. Electronic and scanned signatures are binding.
Signed for and on behalf of JKE Motors Ltd
Name:
Position:
Signature:
Date:
The Contractor
Name:
Address:
I confirm I am self-employed, responsible for my own tax and social contributions, and I accept Clauses 3 (minimum six (6) verified shifts before first payment), 4 (van rates, empty running, carry-on, hotel), 5 (Security Reserve), 6 (payment & deductions), 7 (customers & invoicing) and 8 (cancellation liability). I understand JKE may hold funds for security until these conditions are met — I do not invoice JKE or customers; JKE pays me via payment statement only.
Signature:
Date: