AGREEMENT TO PROVIDE TOWING SERVICES
This agreement is for the purposes of the following parties to provide towing and/or recovery services:
1. TOWME SG PTE. LTD. (“TOWME”) is a technology company which provides a platform for users to obtain or procure services, including but not limited to towing and recovery services.
2. Independent Contractor is able to provide towing and/or recovery services.
Parties hereby agree as follows:
1. Usage of Application
The Independent Contractor shall download, sign up to the TOWME mobile software, application and/or platform and provide towing services to the users of the TOWME mobile software, application and/or platform.
The Independent Contractor warrants that:
a. He has the legal right and possesses all appropriate licenses, approvals and authority to operate appropriate vehicle(s) to provide the towing services.
b. The appropriate vehicle(s) that he intends to use when providing the towing services shall be in good operating condition and meets the industry safety standards as required to vehicles of its kind.
c. He possesses / shall procure a valid insurance policy to cover any loss or damage including but not limited to,personal injuries, death, total loss and/or property damage arising from or related to the towing services provided by the Independent Contractor.
The Independent Contractor shall treat as strictly confidential all information received or obtained by him or his affiliates,employees, agents or representatives as a result of entering into or performing this Agreement to any third party without prior written consent from TOWME, unless disclosure of information is required by any judicial proceedings, law,governmental or other regulations of the requires, orders, directions, instructions or notices by the Courts in Singapore.
The Independent Contractor shall not reverse engineer, disassemble, decompile, or otherwise analyze the construction of any equipment, component, software, finished product or other items of TOWME that may be obtained by the Independent Contractor.
The Independent Contractor agree that TOWME may, at any time, without notice:
a. Modify, suspend or terminate operation of or access to the TOWME mobile software, application and/or platform;
b. Interrupt the operation of the TOWME mobile software, application and/or platform as necessary to perform checks and servicing, including but not limited to, routine or non-routine maintenance, upgrades, error rectification.
c. TOWME shall not be required to compensate the Independent Contractor for any suspension or termination.
2. Representation
The Independent Contractor shall not represent to be an agent, servant, employee or staff of TOWME.
The Independent Contractor shall indemnify, defend and hold TOWME, its affiliates and their respective officers, directors and employees harmless and against any and all damages, losses, liabilities, costs and expenses (including legal costs and expenses of whatsoever nature or description) incurred by TOWME arising from or related to any breach of or inaccuracy in any warranties made by the Independent Contractor or any failure by the Independent Contractor to perform its obligations, undertakings or agreements under this Agreement.
3. Liability and Limitations
The Independent Contractor shall be solely responsible for all claims, judgments and liabilities resulting from any accident,loss or damage including but not limited to, personal injuries, death, total loss and/or property damage which is arising from or related to the towing services provided by the Independent Contractor.
The Independent Contractor shall be solely responsible for any fines or penalties in breach of any laws, including but not limited to traffic offences or parking offences, that may arise from or relate to the towing services provided by the Independent Contractor.
4. Code of Conduct
The Independent Contractor shall not contact the users of TOWME for any purpose other than to provide the towing services.
The Independent Contractor shall not Tout in any form.
The Independent Contractor agrees that TOWME may, at any time, without notice include them as part of TOWME marketing efforts.
5. Agreement
TOWME may amend the terms of this Agreement at any time. Such amendment shall be effective once they are posted on the TOWME mobile software, application and/or platform. It is the responsibility of the Independent Contractor to review the terms of this Agreement regularly. The continued use of the TOWME mobile software, application and/or platform, after any amendments, whether or not reviewed by the Independent Contractor, shall constitute his agreement to be bound by such amendments.
In breach of any terms, conditions or warranties by the Independent Contractor, TOWME reserves the rights to terminate this Agreement without any notice.
6. Booking and Cancellations
In the event where the users of TOWME cancel, after 5 minutes of booking the towing services to be provided by the Independent Contractor, the Independent Contractor shall be entitled to 80% of the cancellation fee of $30 for such cancellation.
In the event where the Independent Contractor fails to arrive within 45 minutes to where the user of the TOWME mobile software, application and/or platform is located, the Independent Contractor shall inform TOWME in advance immediately,and providing the valid reason as to why they are unable to reach within 45 minutes in the form of photo or video evidence.Failure to comply by contacting TOWME or providing a valid reason will entail forfeiture of payment for that job. In such an event, the Independent Contractor will also provide the towing services free of charge to the users of the TOWME mobile software, application and/or platform.
In the event where the Independent Contractor cancels the booking for towing services after accepting a booking by the users, the Independent Contract shall directly inform TOWME immediately with the reason for cancellation and providing the valid photo or video evidence. Failure to comply with the necessary documentation for cancellation or failure to inform TOWME immediately, the Independent Contractor in such an event, will pay a penalty fee to TOWME, equivalent to 150%of the booking fee.
7. Rates
Rates are referred to as the agreed price between TOWME and Independent Contractor to be paid by TOWME for the stated services.
There will be a deduction of 3.5% on the total amount charged plus $0.50 for every transaction made, including cancellation charges, to our payment gateway service provider. This fee will be 100% borne by the Independent contractor unless otherwise stated by TOWME.
The following will be the rates that the Independent Contractor will charge TOWME in the following categories of personal and commercial vehicle towing services and/or recovery services (if applicable):
Upon signing, the Independent Contractor agrees to all the above rates that will be charged to TOWME and its subsidiaries with effect of this document for any jobs done. Prices are standardized across all partners on the TOWME platform. Changes to the prices may be made by TOWME and immediately effective to all Independent Contractors once uploaded to the Driver mobile application. In any event of dispute on the charges which the Independent Contractor is due, the price list on the Driver mobile application will be deemed as the latest and effective reference for TOWME and its Independent Contractors.
The Independent Contractor may not change their prices as agreed with TOWME at any time without a written and signed agreement between the Independent Contractor and TOWME.
Additional charges can be added at the end of the job process after accepting and completing the job.
Additional charges that may be added on TOWME platform by the Independent Contractor is to be followed as per the approved and stated items below:
TOWME will not be liable for any miscommunication of prices added by the Independent Contractor to the customer’s booking. Any disputes that may follow due to this confusion of differing pricing and/or differing itemized description, TOWME will not be liable for these disputes and sole discretion and liability belongs to the Independent Contractor.
8. Governance
This Agreement shall be governed by, and construed in accordance with, the laws of Singapore and parties agree to submit to the exclusive jurisdiction of the Singapore Courts.