REF: CAB-DRIVER-AGGREGATOR-AGREEMENT CAB DRIVER AND AGGREGATOR PLATFORM SERVICE AGREEMENT
THIS INDEPENDENT DRIVER ONBOARDING AND SERVICE AGREEMENT (the "Agreement") is executed on this [Agreement Execution Date] (the "Execution Date"):
BETWEEN:
The Aggregator Platform, namely [Aggregator Platform Name], having its corporate office in India (hereinafter referred to as the "Platform", which expression shall unless repugnant to the context include its successors, administrators, and assigns) of the FIRST PART;
AND:
The Independent Transport Partner / Driver, namely [Driver Full Name], holding valid Commercial Driving License No. [Commercial Driving License Number], registered owner or authorized operator of commercial motor vehicle bearing Registration No. [Commercial Vehicle Registration Number] classified under category Sedan (hereinafter referred to as the "Driver Partner", which expression shall unless repugnant to the context include their legal heirs and permitted assigns) of the SECOND PART.
The Platform and the Driver Partner are hereinafter collectively referred to as the "Parties" and individually as a "Party".
WHEREAS:
A. The Platform operates an electronic application and digital dispatch system connecting prospective passengers with independent commercial vehicle owners and licensed drivers across Indian cities.
B. The Driver Partner holds valid commercial authorizations under the Motor Vehicles Act 1988 and desires to utilize the software application of the Platform to receive ride hailing service requests on an independent principal-to-principal basis.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. INDEPENDENT CONTRACTOR RELATIONSHIP
1.1 The Driver Partner is an independent contractor and gig transportation service provider. Nothing in this Agreement creates any employer-employee, master-servant, agency, joint venture, or partnership relationship between the Platform and the Driver Partner.
1.2 The Driver Partner retains absolute discretion regarding login hours, choice of working shifts, geographical acceptance of passenger booking requests, and route management, subject to statutory safety regulations and platform marketplace integrity rules.
1.3 As recognized under the Code on Social Security 2020, the Driver Partner acknowledges that their status is that of an independent gig transport partner and not an employee entitled to provident fund, gratuity, or statutory retrenchment compensation from the Platform.
2. VEHICLE COMPLIANCE, PERMITS, AND MAINTENANCE
2.1 The Driver Partner warrants that vehicle [Commercial Vehicle Registration Number] of category Sedan holds a valid commercial transport permit issued under Section 66 and Section 74 of the Motor Vehicles Act 1988, a valid certificate of fitness under Section 56, and an active Pollution Under Control (PUC) certificate.
2.2 Maintenance Obligations: The Driver Partner shall strictly comply with the following maintenance requirements: [Vehicle Fitness and Maintenance Obligations]. All expenses relating to engine servicing, periodic oil changes, tyre replacements, CNG or fuel costs, tolls, and RTO statutory levies shall be solely borne by the Driver Partner.
2.3 The Platform reserves the right to conduct physical inspections or digital verification audits of the vehicle at periodic intervals. Failure to maintain acceptable standards of vehicle hygiene or mechanical roadworthiness shall result in temporary account deactivation.
3. COMMERCIAL CONSIDERATION, COMMISSIONS, AND SETTLEMENT
3.1 Fare Structure: Passenger fares shall be calculated automatically by the Platform software based on distance travelled, trip time, demand multipliers, and government-mandated fare caps applicable within the operational jurisdiction.
3.2 Platform Fee: In consideration for digital dispatch, route mapping, customer billing, and marketplace infrastructure, the Platform shall deduct a commission of [Platform Commission Percentage] from each completed passenger trip fare.
3.3 Remittance Cycle: The net driver earnings after deducting statutory TDS under Section 194O of the Income Tax Act 1961 and platform service charges shall be settled as per the agreed cycle: Weekly on Every Monday, disbursed directly to the verified bank account or UPI handle of the Driver Partner.
4. INSURANCE COVERAGE AND PASSENGER SAFETY
4.1 Insurance Standards: The Driver Partner shall continuously maintain active insurance coverage: [Commercial Insurance Policy Details], complying with mandatory third-party liability requirements under Chapter XI of the Motor Vehicles Act 1988 as amended.
4.2 Passenger Protection: In the event of an unfortunate road accident or collision during an active trip, the Driver Partner and the vehicle insurer shall be primarily liable for all passenger injuries and third-party claims before the Motor Accident Claims Tribunal (MACT). The Platform does not assume vicarious liability for traffic accidents caused by vehicle mechanical failure or driver negligence.
5. SERVICE STANDARDS AND OPERATIONAL INTEGRITY
5.1 Performance Criteria: The Driver Partner covenants to adhere to the highest standards of professional conduct, including: [Driver Quality and Performance Standards].
5.2 Zero Tolerance Policies: The Driver Partner shall never operate the vehicle under the influence of alcohol, narcotics, or psychotropic substances (Section 185, Motor Vehicles Act 1988). Immediate lifetime deactivation and police referral shall follow any instance of verbal harassment, physical intimidation, overcharging, or refusal to follow prescribed digital routes.
6. TERM, SUSPENSION, AND TERMINATION
6.1 This Agreement is valid for twelve (12) months from [Agreement Execution Date] and shall automatically renew unless terminated in accordance with the termination provisions: [Account Suspension and Termination Terms].
6.2 Either Party may terminate this Agreement without assigning cause by giving seven (7) days prior written notice through the registered application or electronic mail.
6.3 The Platform may immediately terminate access without advance notice in the event of driving license suspension, criminal FIR registration, severe customer complaint, forged documents, or recurring rating default.
7. INDEMNITY AND DISPUTE RESOLUTION
7.1 The Driver Partner agrees to defend, indemnify, and hold harmless the Platform, its directors, and officers against all fines, traffic challans, penalties, third-party bodily injury claims, and MACT awards arising out of the operation of vehicle [Commercial Vehicle Registration Number].
7.2 Dispute Resolution: Any dispute, claim, or controversy arising under this Agreement shall first be resolved through good-faith mutual discussions. If unresolved within thirty (30) days, the dispute shall be referred to sole arbitration under the Indian Arbitration and Conciliation Act 1996. The seat and venue of arbitration shall be within India, and proceedings shall be in the English language.
7.3 Governing Law: This Agreement shall be governed by and construed in accordance with the substantive laws of the Republic of India.
IN WITNESS WHEREOF, the Parties hereto have signed and executed this Cab Driver Aggregator Agreement on [Agreement Execution Date].
For the Platform:
Authorized Signatory: _________________________
Name and Designation: _________________________
Seal / Stamp:
For the Driver Partner:
Signature: _________________________
Full Name: [Driver Full Name]
Commercial License No.: [Commercial Driving License Number]
Vehicle Registration No.: [Commercial Vehicle Registration Number]
SCHEDULE OF TERMS, COVENANTS & CONDITIONS(6 ACTIVE CLAUSES)
1. TENURE & TERM OF LEASE: The term of this lease/tenancy shall be for a fixed duration of {{duration_months}} months commencing on {{commencement_date}} and terminating on {{expiry_date}} unless renewed by mutual consent.
2. MONTHLY RENT & DUE DATE: The Second Party covenants to remit a monthly rent of Rs. {{monthly_rent}} payable in advance on or before the {{rent_due_day}} day of each calendar month.
3. REFUNDABLE SECURITY DEPOSIT: The Second Party has deposited an interest-free refundable security sum of Rs. {{security_deposit}} with the First Party, returnable within 7 banking days of vacant handover.
4. PERMITTED USE OF PREMISES: The demised premises shall be utilized exclusively for lawful residential dwelling purposes and shall not be converted into commercial or industrial use.
5. STATUTORY ARBITRATION (ACT 1996): Any dispute arising hereunder shall be referred to a sole arbitrator appointed mutually under the Arbitration and Conciliation Act, 1996, with seat of arbitration in the execution city.
6. SUB-LEASE & ASSIGNMENT PROHIBITION: The Second Party is strictly prohibited from sub-letting, parting with possession, or assigning any portion of the premises to third parties without prior written consent.
ATTESTATION BY INDEPENDENT WITNESSES (AS PER APPLICABLE LAW)
First Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
Second Witness
Signature:
Full Name:
Parent / Spouse:
Address:
Govt ID / Aadhaar:
