ComCab (London) Limited
The Point, 37 North Wharf Road, London W2 1AF

                         Subscriber’s Operational Agreement

A Particulars

 

1 Service Level Obligations: The Obligations set out in the Driver Handbook most recently published by the Company with any variations published from time to time by such means as the Company in its sole discretion shall decide.

2 Operational Procedures: Operational procedures introduced by the Company and communicated to subscribers from time to time by such means as the Company in its sole discretion deems appropriate.

3 Term: From the Date to the Date of Termination of this Agreement in accordance with its provisions.

4 Status: This Agreement shall not or be deemed to create any partnership, joint venture, fiduciary or employment relationship between the parties. Neither party shall hold itself out as the partner of the other, nor shall the Subscriber hold themselves out as either the Agent or Employee of the Company. For the avoidance of doubt, the Company undertakes booking and accounting services. The Subscriber is in the business of providing licensed Taxi services.

5 Equipment Rental Agreement: The Agreement for the rental of booking and credit card processing made between the Company and the Subscriber on the Date including any subsequent equipment rental agreement between the parties.

 

B            Agreement

 

  1. This Agreement is made between the Company and the Subscriber on the Date.
  2. The Company undertakes Radio Taxi Booking and Accounting Services (“The Services”)
  3. The Subscriber is a duly licensed Taxi Driver under the Metropolitan Public Carriage Act 1869 holding a current Motor Cab-Driver’s Licence issued by the appropriate authority (“Cab Licence”).
  4. The Company wishes to offer to the Subscriber and the Subscriber has agreed to perform taxi journeys whilst taking advantage of the Services subject to the following terms and conditions.
  • Subscriber Obligations

 

  • The Subscriber hereby covenants with the Company as follows:
  1. to comply at all times with the Service Level Obligations and any Operational Procedures;
  2. to pay all monies due to the Company within 7 days of their due date;
  3. to allow the Company to deduct monies due to it from the Subscriber from monies it holds on behalf of the Subscriber;
  4. to be at all times during the Term, a duly authorised holder of a current Cab Licence and fully comply with its conditions;
  5. to at all times during the Term carry on the business of a taxi driver in a properly licensed taxi in accordance with the provisions of the London Hackney Carriages Act 1843;
  6. to at all times maintain a valid driving licence and appropriate hire and reward insurance policy which includes public liability cover to a level of not less than £1 million;
  7. to fully and effectively indemnify the Company against all damages, costs, expenses, actions, demands, proceedings, claims and liabilities made against or suffered or incurred by the Company arising directly or indirectly out of:
    1. any act or omission or negligence of the Subscriber, or
    2. any breach or non-observance of the Code of Practice;
  8. to advise the Company in writing within 7 days of any change whatsoever to any of the details and information provided by the Subscriber to the Company in any application form completed and signed by the Subscriber;
  9. if applicable to sign and complete (on or before the date hereof) an equipment rental agreement a copy of which has been given to the Subscriber receipt of which is hereby acknowledged.
  10. to maintain absolute confidentiality with respect to all customers and clients of the Company, whether they are individuals or organisations and not to impart any information in relation to any trips undertaken to any third party individual, body or organisation nor to any media agency, press, publisher or broadcaster.
  • In accepting to be bound by this Agreement the Subscriber agrees that:
  1. the Company contracts with its credit account customers (including Cabcharge accounts) and Subscribers to provide the Service;
  2. the Company may also contract directly as principal with its credit account customers to provide services;
  3. the Subscriber when accepting the booking, contracts with the Company to provide a service to the customer by transporting the customer from their location to their destination when the taxi booking is acknowledged by the Company under its contract with the customer;
  4. for the avoidance of doubt, the Company acts as agent for the driver of any taxi allocated a fare for any account customer with the exception of Taxicard (London Councils) and customers covered by 1.2 (b) above;
  5. The Subscriber agrees that the Company may negotiate prices on behalf of the Subscriber for the provision of private hire services. For the avoidance of doubt, all payments to the Subscriber are considered to be inclusive of Value Added Tax at the prevailing rate.
  • Company Obligations

 

The Company hereby agrees with the Subscriber to comply with its obligations in accordance with the terms of any operational procedures as may be notified to the Subscriber from time to time at the sole discretion of the Company.

  • Termination

 

This Agreement will terminate (but without prejudice to any pre-existing liability incurred by either party hereunder):

  1. on the expiry of 28 days from the date of written notice to terminate given and served on one party by the other; or
  2. immediately upon the Company giving notice if the Subscriber:
    1. commits any breach of any material term herein or in the Code of Practice or in any equipment rental;
    2. is expelled from any recognised trade association including but not limited to other taxi radio circuits, trade unions and credit unions;
  • is guilty of any grave misconduct or wilful neglect in the discharge of the duty of a licensed taxi driver which may include a complaint against the Subscriber which is upheld by the Company or the Public Carriage Office;
  1. becomes bankrupt or makes any arrangements or compositions with creditors;
  2. becomes of unsound mind or if while a patient within the meaning of the Mental Health Act 1959 (as amended) an Order shall be made in respect of property under Section 102 of that Act or any statutory modification or re-enactment thereof.
  3. is convicted of any criminal offence other than an offence which in the reasonable opinion of the Company should not warrant terminating this Agreement;
  • at any time does not hold a valid Motor Cab-Driver’s Licence or adequate motor insurance including hire and reward and public liability cover;
  • fails whether by act or omission in the opinion of the Company to protect any equipment rented to it by the Company;
  1. if the Subscriber’s access to booking is terminated or suspended for a period of more than 12 months following a decision of the Company within the Complaints procedure;
  2. if in the opinion of the Company and in its absolute discretion it would be in the interest of the Company and its remaining Subscribers to terminate this Agreement.
  • General

 

  • This Agreement together with the documents to which it refers are in substitution of all previous contracts whether written or oral between the Company and the Subscriber which shall (if any) be deemed to have been terminated by mutual consent as from the date hereof.
  • Any notice required to be given under this Agreement shall be given in writing and shall if sent by post be conclusively deemed to have been received by the Subscriber within 48 hours after the time of posting.
  • The waiver by the Company of any breach of any Terms of this Agreement shall not prevent the subsequent enforcement of that Term and shall not be deemed a waiver of any subsequent breach.
  • No variation or amendment of this Agreement or oral promise or commitment relating to it shall be valid unless committed to in writing and signed by, or on behalf of, both parties.
  • Where a Subscriber has a query relating to a transaction on his/her account with the Company the Subscriber must notify the Company within 28 days of such transaction; failing to do so will result in the Company not being able to process such query.
  • The Subscriber is not entitled to any relief from having to pay any amounts due to the company in relation to this Agreement and the Equipment Rental Agreement unless the equipment supplied under the Equipment Rental Agreement fails and following the Subscriber returning such equipment to the Company for repairs such equipment remains inoperable for a period in excess of 72 hours from the time of being returned.

In such circumstances the Subscriber will be entitled to a pro-rated reduction for each day after the stated 72 hour period such equipment remains inoperable and the Company fails to replace the same with a working alternative.

  • The Company’s total liability to the Subscriber in relation to this Agreement and the Equipment Rental Agreement for all direct, indirect and consequential loss is £250.
  • All references to gender include both genders and all singular references will include the plural and vice-versa.

  

Equipment Rental Agreement

Notes:

The Company reserves the right to increase the rental at its sole discretion on providing the Subscriber no less than one month’s notice of any such increase.

The Subscriber shall pay the deposit which shall be held by the Company without bearing interest until such time as this agreement shall determine when it shall be repaid to the Subscriber subject to the terms of this agreement.

Punctual payment of each instalment and time in relation thereto shall be of the essence of this agreement and the Subscriber shall be deemed at the discretion of the Company to have materially breached this agreement if any instalment or part thereof shall remain unpaid for more than seven days after becoming due. All sums payable to the Company under this agreement shall be paid to the Company at Comcab (London) Limited, The Point, 37 North Wharf Road, London W2 1AF or at such other address as the Company may from time to time specify and payment made by post shall be at the sole risk of the Subscriber.

The Subscriber shall pay to the Company premiums payable under the insurance provisions referred to in Clause 4 of the terms and conditions overleaf.

Terms and Conditions

 

The Company will hire to the subscriber subject to the terms and conditions hereinafter mentioned, the Equipment.

Subject to the provisions in Clause 4 hereof the hiring shall commence on the Date and shall continue until determined as hereinafter provided.

The Subscriber has on the Date paid to the Company an initial payment and shall during the continuance of the hiring:

where the payment is monthly pay to the Company each subsequent month the monthly payment payable in advance on the first day of each month; or

where the payment is weekly pay to the Company each subsequent week the weekly payment payable in advance on the first day of each week as designated by the Company.

Unless specifically agreed to the contrary any payment under 3(a) or (b) will be deducted from monies held or received by the Company and for the account of the Subscriber.

The Company shall throughout the Terms of this Agreement insure the Equipment during the continuance of the hiring on such terms and with such conditions as the Company shall deem appropriate and the Subscriber shall pay a sum to the Company in respect thereof. Such insurance shall cover only reasonable wear and tear or damage incurred through normal operation and theft or criminal damage if all reasonable efforts have been made by the Subscriber to prevent such theft or damage. The Company shall not insure for any other damage arising to a vehicle or other property in the event of accidental damage, criminal damage or theft.

It shall be a condition precedent of this agreement that the Subscriber shall subscribe to a radio taxi circuit operated by the Company and shall at the commencement and throughout the term of the Agreement abide by the Company’s Code of Practice and various operational procedures relevant to that radio circuit Subscriber Agreement.

During the continuance of the hiring the Subscriber shall:

punctually pay all sums due;

keep the Equipment in reasonable condition, taking all reasonable care;

permit the Company and any person authorised by it at all reasonable times to inspect and examine the condition of the Equipment;

keep the Equipment at all times in the Subscriber’s possession and control and not remove the same from the Subscriber’s vehicle without the consent of the Company;

notify the Company of any change in the Subscriber’s address or vehicle and upon request by the Company promptly inform the Company of the whereabouts of the Equipment;

indemnify the Company against loss or damage to the Equipment or any part thereof from whatever cause whether or not such loss or damage results from the negligence of the Subscriber;

punctually pay for all repairs to or treatment of the Equipment and keep the same free from any distress execution or any other legal process;

not sell, assign, let, pledge, mortgage, charge, encumber or part with the possession of or otherwise deal with the Equipment or any other interest therein or create or allow to be created any lien on the Equipment whether for the repairs or otherwise and in the event of any such breach of this sub-clause by the Subscriber the Company shall be entitled (but shall not be bound) to pay to any third party such sum as is necessary to procure the release of the Equipment from any charge encumbrances or lien and to recover such sum from the Subscriber forthwith;

pay to the Company all expenses (including legal costs on a full indemnity basis) incurred by or on behalf of the Company in ascertaining the whereabouts of the Equipment taking possession of them by reason of a breach by the Subscriber of any provisions of this agreement preserving, insuring and storing the Equipment thereafter and of any legal proceedings taken by or on behalf of the Company to enforce the provisions of this Agreement. For applicable costs for the individual equipment items see table on Page 4 of this Agreement “List of Equipment Costs”.

display during the Term any Identifiers to indicate the presence of any part of the Equipment which will be affixed to the Subscriber’s taxi as provided for by agreement between the Company and the Public Carriage Office;

notify the Company as soon as possible in the event of the Subscriber’s taxi being involved in an accident which renders the taxi inoperative for a period exceeding one (1) week and in such event allow the Company, if in its absolute discretion it believes it necessary, to remove the Equipment;

indemnify the Company against all damages, costs, expenses, actions, demand, proceedings, claims and liabilities made against or suffered or incurred by the Company arising directly or indirectly out of any act, omission or negligence on the part of the subscriber or any other person using the Equipment whether or not authorised by the Subscriber to do so;

ensure the Equipment (including all hardware, firmware and software SIM card, CF memory card, cabling, interfaces with other Equipment, aerials and connectors) is not altered, tampered with, adjusted, modified or interfered with in any way;

ensure the Equipment is not utilised to access, view, download or solicit any electronic content not prescribed by the Company;

ensure the Equipment is not used in any way which contravenes any part of the Code of Practice or any operational procedures imposed by the Company;

ensure that no part of the equipment (including SIM card, CF card and all associated cabling) is used in conjunction with any equipment not provided or approved by the Company;

Within two working days of the termination of this Agreement howsoever arising the Subscriber agrees to deliver at his own cost the Equipment in full working order to the Company at Comcab (London) Limited, The Point, 37 North Wharf Road, London W2 1AF or at such other address as the Company may have previously specified in writing and to comply fully with the Code of Practice and Procedures of the Company in respect of such handling back and delivery.

In the event of the Subscriber failing to comply with his obligations in the preceding Clause 6 (i) above the Company may without notice retake possession of the Equipment and for that purpose is hereby irrevocably authorised by the Subscriber to enter by itself, its servants, employees or agents or agents onto any land, vehicle or other property of the Subscriber on or in which the Equipment or any part thereof is or is reasonably believed by the Company to be situated.

If the Subscriber shall make default in payment of any of the sums payable hereunder or shall fail to observe or perform any of the other terms and conditions of this Agreement whether expressed or implied the Company

may without prejudice to any pre-existing liability of the Subscriber to the Company by notice in writing served on the Subscriber or sent to him by prepaid post at the last known address of the Subscriber terminate this Agreement.

if the Subscriber shall commit an act of bankruptcy or have a receiving order made against him or make any arrangement with his creditors or any assignment for any of the Subscriber’s property or a judgement against the Subscriber shall remain unsatisfied for more than fourteen (14) days or if the Subscriber shall abandon the Equipment then this Agreement shall automatically and without notice determine.

The Equipment shall remain the property of the Company and nothing contained in this Agreement shall confer or be deemed to confer any interest in the equipment to the Subscriber.

No liability shall attach to the Company either in contract or in tort for loss or damage sustained by reason of any defect in the Equipment where such defects be latent or apparent on examination.

Any notice given to the Subscriber under this Agreement shall be validly given if served by any of the methods specified in Clause 7 (i) hereof and shall if sent by post be conclusively deemed to have been received by the Subscriber within 48 hours after time of posting.

No relaxation forbearance undue delay or indulgence by the Company in enforcing any of the terms or conditions of this Agreement or the granting of time by the Company to the Subscriber shall prejudice effect or restrict the rights and powers of the Company hereunder nor shall any waiver or any breach hereof operate as a waiver of any subsequent or continuing breach hereof.

 

 

List of Equipment Costs

Tablet £350.00
Cradle £45.00
Multiplexer £10.00
Payment System £50.00
Payment System Bracket £5.00
Payment System Power Cable £5.00
Printer £60.00
Fuse Panel £8.00
9 Way Meter Cable RS232/RS485 £10.00
Electrical Consumables £5.00
Installation Fee £60.00

 

 

 

 

 

 

 

 

 

Notes on discounts:

Any discounts described as waiting time, gratuities, premiums or incentives are not contractual and will be at the absolute discretion of the Company. Any such discounts should be considered as incentives funded by the customer to encourage you the Subscriber to consider accepting radio offered work (which you choose to fulfil) in preference to street hailed work and these discounts are simply a mechanism by which these incentives are calculated