These Terms and Conditions apply to the hire of personal or private drivers and chauffeur Transport Drivers from DRIVEFORME. (“DRIVEFORME”), unless otherwise varied and agreed in writing with the Hirer.
DRIVEFORME shall provide the employment and support of one or more professional, accredited driver/s hereby known as the ‘Driver’. DRIVEFORME will ensure the Driver is fully aware of the expected days and hours of work prior to commencement. The Driver is expected to work the agreed standard/ordinary hours.
The Driver will be required to undertake and complete processes of the hirer, including but not limited to: daily vehicle checklists, keeping vehicles clean and refueled, maintaining good communication with the Hirer during scheduled runs, reporting any delays, monitoring clients and reporting any concerns regarding clients and concerns that affect the safe delivery of the service.
Ordinary hours are not to exceed ten (10) hours on any day or shift except by agreement, in which case, the maximum number of ordinary hours is twelve (12). Start and finish times can be varied by agreement between the Hirer, DRIVEFORME and the Driver, with seven (7) days’ notice required.
Variation to Contract
The Hirer, DRIVEFORME and the Driver may agree to vary an arrangement when work is performed in order to meet the genuine individual needs of the Hirer and the individual Driver. To vary this Agreement, the Hirer must provide DRIVEFORME with the request for variation in writing, giving DRIVEFORME a minimum of ten (10) working days’ notice of the proposed change.
The rates within the ‘Schedule of Fees’ is set for the duration of the contract term, however, should DRIVEFORME need to alter the rates within the ‘Schedule of Fees,’ DRIVEFORME will inform the Hirer in writing of the proposed changes, giving (14) days’ notice prior to the proposed implementation date.
The Hirer must not request the Driver to work more than 5 hours at a stretch without an unpaid break of at least 30 minutes for a meal.
For transportation occurring in vehicles organized by the Hirer, which are be owned, registered, maintained and operated by the Hirer or a professional vehicle hire company, all vehicles must be registered, roadworthy and comprehensively insured.
The Hirer may request DRIVEFORME to provide a hire vehicle through entering into a separate contractual arrangement with DRIVEFORME.
Fee for Service
DRIVEFORME’s Fee for Service is for the selection, support and provision of qualified and experienced driver/s with expertise in providing transport to various clients. The Driver is deployed on a casual or once-off basis. For ongoing, longer term placement, a separate contract will be developed between DRIVEFORME and the Hirer.
DRIVEFORME’s services shall be deemed to be completed to the satisfaction of the Hirer when the Hirer authorizes a Driver’s timesheet.
A minimum shift of no less than one (1) hours is required. Shifts requiring the Driver to work less than one (1) hour will be charged to the Hirer at the minimum hour rate of one (1) hours.
All drivers are paid in accordance with the applicable industrial award or agreement. The Hirer will be charged a per hour rate as per DRIVEFORME’s ‘Schedule of Fees’ which will be confirmed with the Hirer prior to the Driver’s commencement. The hourly charge rate includes all applicable statutory. The Hirer will not be charged for annual leave and sick leave entitlements afforded to the Driver. The Hirer is liable to pay all loadings, allowances and conditions that may apply under each Award or agreement in accordance with the hours worked by the Driver.
All work performed by a driver outside of the hours of 7.00am and 7.00pm and on a Saturday which is not overtime will be charged to the Hirer at a rate of one hundred and twenty percent (120%) of the agreed rate – as per ‘Schedule of Fees.’
All work performed by a driver on a Sunday which is not overtime will be charged to the Hirer at one hundred and seventy five percent (175%) of the standard rate as per attached ‘Schedule of Fees.’
The Driver shall work to the minimum requirements, or ‘standard hours,’ as agreed and described in the ‘Booking Request Form or quote request form,’ completed by the hirer and as agreed by DRIVEFORME. Any extra hours required or worked above this arrangement will be negotiated between the hirer, DRIVEFORME and the Driver, with a reasonable notice period occurring between the request and the deployment. DRIVEFORME must agree in writing to any work that falls outside the standard hours of work.
All time worked by the Driver in excess of an average thirty eight (38) hours a week by a full time driver or in excess of the agreed number of hours per week by a part time driver is overtime which the Hirer must pay at the rate of one hundred and fifty percent (150%) of the standard Schedule of Fee rate – as per ‘Schedule of Fees’ for the first three (3) hours and two hundred percent (200%) of the agreed rate for any time thereafter. Agreed number of hours means the number of hours agreed in the ‘Booking Request Form,’ completed by the hirer and as agreed by DRIVEFORME.
The Hirer will be charged the following, when applicable: a Driver working more than one (1) hour of overtime after the Driver’s ordinary time of ending work without being given twenty four (24) hours’ notice must be provided with a meal or the Hirer will be charged a meal allowance of R 50.
When a deployed Driver is unavailable to work due to sick leave, every attempt will be made by DRIVEFORME to provide a replacement driver and no extra charge to the Hirer beyond those specified, such as induction (if an induction is required to safely deliver the service). In the event that a replacement driver is not obtained, the Hirer will be notified at the earliest possible time. The Hirer will not be charge for the unfilled shift.
Cancellation and Termination
The Hirer will provide forty-eight (48) hours’ notice of cancellation of a shift or the full fee for driver engagement will be charged.
Drivers are to complete a timesheet after each shift. The Hirer shall nominate an authorized staff member to sign and approve the timesheet. The Hirer shall ensure DRIVEFORME receives the timesheet prior to the close of business each Friday. Timesheets can be faxed or emailed to DRIVEFORME: Fax: 0865627246, Email: email@example.com
During times when public holidays and other instances effect DRIVEFORME’s pay processing period the Hirer may be requested to ensure timesheets are forwarded to DRIVEFORME earlier or in advance.
We encourage clients and hirers to make payment online using secured Payfast online payment platform. Hirers and car owners will be invoiced for the excess hours that exceed the agreed period of service.
In such cases, payment terms will be strictly within 72 hours from the invoice date.
DRIVEFORME reserves the right to charge interest on monies outstanding past the due date. The invoice will include details related to the delivery of service:
- Invoice number.
- Date of services rendered.
- Number of hours of service provided.
- Hourly unit price for services delivered.
- Total cost of invoice.
The Hirer must provide the following to DRIVEFORME at least five (5) days prior to service provision:
- Name and contact details of the Hire’s staff that the driver will report to.
- Type of vehicle such as manual or automatic, mini bus or larger (Coaster, Rosa etc).
- Location and logistics of vehicle collection and drop off.
- Address and access details of client pick up and drop off points.
- Schedule times for pick up and drop off.
- An overview of clients being transported, including, age, mobility, diversity needs etc.
- If children are to be transported, including their age range.
- Total hours (or duration) of the shift.
If inadequate information is provided by the Hirer, DRIVEFORME may choose not to deliver the service. DRIVEFORME will make every effort to secure the required information, however, if this decision is made, the Hirer will be notified up to four (4) business days prior to the commencement date or service delivery date as outlined in the ‘Booking Request Form,’ completed by the hirer and as agreed by DRIVEFORME. If DRIVEFORME chooses to cancel this service due to lack of information provided the Hirer has no recourse for financial compensation from DRIVEFORME.
The Driver will be under the direction and supervision of the Hirer for the duration of the placement. The Hirer shall allocate a supervisory staff member to undertake this role, and shall notify DRIVEFORME of the Supervisor’s name and contact details, documented below. Any change to the supervisory role should be notified immediately to DRIVEFORME.
Where any Driver deployed by DRIVEFORME to work for the Hirer is employed by the hirer, or by a subsidiary or affiliate of the Hirer, within six (6) months of the date of completion of their temporary assignment, a standard fee of 10% of the annual remuneration of the Hirer’s employment position will be levied to the Hirer.
The Hirer agrees to be responsible for all acts and errors or omissions by the Driver, be they willingly negligent or otherwise as though the Driver were in permanent employ of the Hirer. The Hirer will, in all respects, comply with all statutes and Regulations, Awards and industrial agreements relating to the conditions of employment of the Driver as if the Driver were employed as a permanent employee of the Hirer.
DRIVEFORME will take reasonable steps to ensure the suitability of a driver selected on behalf of a Hirer. Unless prohibited by any applicable law, DRIVEFORME excludes all liability to the Hirer for loss of damage of any kind (including direct, indirect and consequential loss and damage, physical injury, property damage, loss of business revenue, loss of profits, failure to realize expected profits or savings or other commercial or economic loss of any kind), however caused, arising out of or in any way related to the acts or omissions of any Driver.
The Hirer acknowledges that DRIVEFORME is not directly performing the services set out in the Service Provision Description, but is instead the supplier of DRIVEFORME drivers, at the Hirer’s request, to perform the work that the Hirer has described in the quote.
DRIVEFORME’s liability is limited, at its option, to the resupply of the relevant services or the payment of the cost of resupplying the service.
Driver Accreditation and Training
DRIVEFORME will ensure that, prior to commencement, all drivers have a current professional driver’s certificate. DRIVEFORME will provide copies of such documents to the Hirer upon request, and prior to deployment.
OCCUPATIONAL HEALTH AND SAFETY
The Hirer’s Obligations – Occupational Health and Safety
The Hirer shall have appropriate and required Occupational Health and Safety policies and procedures in place, which are to be provided to DRIVEFORME prior to contract commencement, along with any safe work instruction procedures.
Drivers are not to be requested or required to undertake manual handling tasks outside the scope of the Position Description. All DRIVEFORME staff work to a ‘No lift’ policy. Drivers are not to be requested to ride on a vehicle hoist. Drivers are not to be requested to ride on a vehicle hoist. Drivers must report identified risks directly to the Hirer, and the Hirer must inform DRIVEFORME of any issues raised that involves the Driver’s workplace, including the provision of a copy of the reported incident or accident. Hirers are welcome to utilize DRIVEFORME risk reporting forms.
The Hirer must comply with all applicable laws and industrial agreements in relation to Drivers assigned to the Hirer or working at the Hirer’s premises such as the Occupational Health and Safety Acts of South Africa. The Driver’s place of work extends to areas such as the vehicle the Driver is engaged to drive, areas of passenger pick up and set down including residential addresses that the Driver is expected to visit.
The Hirer agrees to:
- Assume a duty of care in respect to all drivers.
- Provide a safe working environment for all drivers.
- Notify DRIVEFORME of any hazard, near miss, incident or accident that directly relates to a Driver or their workplace.
- Provide the driver with safe working instructions, appropriate induction, supervision and site safety inspections.
- Provide DRIVEFORME access to any WHS documentation, policies and procedures as reasonably requested.
- With prior notice, to provide DRIVEFORME access to the Driver’s worksite to undertake any site safety inspections.
- To undertake and maintain the main Work, Health and Safety duties of employers in accordance with the Occupational Health and Safety Act 2004 Division 2, section 21 – as per below:
Duties of employers to employees
(1) An employer must, so far as is reasonably practicable, provide and maintain for employees of the employer a working environment that is safe and without risks to health.
(2) Without limiting subsection (1), an employer contravenes that subsection if the employer fails to do any of the following:
(a) provide or maintain plant or systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) make arrangements for ensuring, so far as is reasonably practicable, safety and the absence of risks to health in connection with the use, handling, storage or transport of plant or substances;
(c) maintain, so far as is reasonably practicable, each workplace under the employer’s management and control in a condition that is safe and without risks to health;
(d) provide, so far as is reasonably practicable, adequate facilities for the welfare of employees at any workplace under the management and control of the employer;
DRIVEFORME’s Obligations – Work Health and Safety Parties
DRIVEFORME and its Drivers must comply with all applicable laws and industrial agreements in relation to Occupational Health and Safety Laws of the republic of South Africa.
Duties of employees
(1) While at work, an employee must:
(a) Take reasonable care for his or her own health and safety; and
(b) Take reasonable care for the health and safety of persons who may be affected by the employee’s acts or omissions at a workplace; and
(c) Co-operate with his or her employer with respect to any action taken by the employer to comply with a requirement imposed by or under this Act or the regulations.
(2) While at work, an employee must not intentionally or recklessly interfere with or misuse anything provided at the workplace in the interests of health, safety or welfare.
(3) In determining for the purposes of subsection (1)(a) or (b) whether an employee failed to take reasonable care, regard must be had to what the employee knew about the relevant circumstances.
Drivers must be afforded DRIVEFORME representation when meeting with the Hirer in regards to a dispute or instances requiring the Driver is given a severe reprimand in relation to possible actions and omissions by the drivers which are deemed to place the hirer at risk.
In the event of a dispute about a matter under these Terms and Conditions or a dispute in relation to service delivery and quality in relation to the agreed services to be delivered in these Terms and Conditions, in the first instance, the parties must attempt to resolve the matter by discussion and negotiation. If the matter involves the actions of a DRIVEFORME Driver contracted to the Hirer, the Hirer will raise the matter with the driver. If the matter is not resolved, the Hirer will refer the matter to the Driver’s Manager or Supervisor at DRIVEFORME, who will respond within five (5) working days. If the matter is not satisfactorily resolved the matter should be escalated to DRIVEFORME’s CEO. While dispute resolution is occurring work should continue in accordance with these Terms and Conditions subject to any matter where workplace health and safety is likely to be compromised.