Service Level Agreement
Welcome to our website and mobile applications. If you continue to browse and use our website and mobile apps, you are agreeing to comply with and be bound by the following Service Level Agreement that govern the relationship between Qsailor Technologies Pvt Ltd, hereinafter referred to as "Qsailor", and you, hereinafter referred to as "Vendor/Driver".
The parties here to agree as follows:
Qsailor Provides services for the purpose of providing lead generation to Transportation Services Providers. Qsailor receives requests from the users of Qsailor's various platforms such as the website, mobile apps, phone calls and other means. Qsailor transfer these requests to the authorized transportation provider/ "Vendor/Driver". .The "Vendor/Driver ".seek, receive and fulfill the requests provided to them
The "Vendor/Driver ".acknowledges and agrees that Qsailor is only a technology services provider and that it does not provide transportation services, function as a transportation carrier, nor operate as an agent for the transportation of passengers.
"Qsailor" and "Vendor/Driver " mutually agrees to the following terms and conditions are set forth below (electronic or otherwise) of this Agreement, "Vendor/Driver ".and Qsailor shall be bound by the terms and conditions set forth herein.
1.1 "Driver" means a principal, employee or contractor of the Vendor: (a) who meets the then-current Qsailor requirements to be an active driver using the Qsailor services; (b) Whom Qsailor authorizes to access the Qsailor services to provide Transportation services on behalf of Vendor; and (c) whose credentials are verified by the Vendor and whose names are forwarded to Qsailor by the Vendors for passing off the leads to them directly.
1.2 "Users" means an end user of the various platforms of Qsailor like the Website the Mobile application and call centre numbers, for the purpose of obtaining Transport services offered by Qsailor's Transportation "Vendor/Driver ".
1.3 "Vehicle" means any vehicle of Vendor that: (a) meets the then-current Qsailor requirements for a vehicle on the Qsailor services; and (b) Qsailor authorizes for use by a Driver for the purpose of providing Transportation services on behalf of Vendor.
2. Vendor/Driver Relationship with Users :
Vendor acknowledges and agrees that Vendor's provision of Transportation services to Users creates a legal and direct business relationship between Vendor and the user, to which Qsailor is not a party, Qsailor is not responsible or liable for the actions or inactions of User in relation to the activities of Vendor, its Driver or of any Vehicle. Vendor shall have the sole responsibility for any obligations or liabilities of users or third parties that arise from its provision of Transportation services. Vendor acknowledges and agrees that they and their Drivers are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a user or third party. Vendor acknowledges and agrees that Qsailor may release the contact and/or insurance information of Vendor and/or a Driver to a user upon such user's reasonable request. Vendor acknowledges and agrees that, unless specifically consented to by a user, neither Vendor nor Driver may transport or allow inside any Vehicle individuals other than a user and any individuals authorized by such user during the performance of Transportation services for such user. Vendor acknowledges and agrees, and shall ensure that its Drivers agree, that all users should be transported directly to their specified destination, as directed by the applicable user, without unauthorized interruption or unauthorized stops.
3. Vendor's Relationship with Qsailor:
Vendor acknowledges and agrees that Qsailor's provision to Vendor of the Various Platforms of Qsailor and the Qsailor's services creates a legal and direct business relationship between Qsailor and Vendors. Qsailor is not and shall not be deemed to be in direct control of the Vendors or its Drivers generally or in their performance under this agreement specifically. Qsailor has no concern to any of the operations of the Vendor's business , the Transportation services, the acts or omissions of the Driver of the operation and maintenance of any Vehicle. Vendors and its Drivers retain the sole right to determine when and for how long each of them will utilize the services of Qsailor. Vendors and its Drivers have the option to enter it to the contract with Qsailor or to leave it however once they choose to leave the agreement they surrender all their rights to use the name of Qsailor in any way or to use any such information or logo or the nameplate to indicate that they are still connected with Qsailor. The Vendors entering into this contract with Qsailor retains the complete right to provide transportations services to its existing customers the conditions of this contract shall be valid only if the vendor or the driver of the vendor uses the leads provided by various platforms of Qsailor. Qsailor retain the right to, at any time in sole discretion, deactivate or otherwise restrict customer or any Driver from accessing or using the services of Qsailor in the event of a violation of this Agreement, or by any act of the Vendor or the Driver's act or omission that causes harm to Qsailor's brand, reputation or business as determined by Qsailor in its sole discretion. Qsailor also retains the right to deactivate or otherwise restrict Vendor or any Driver from accessing or using the services or the various platform of Qsailor for any other reason at the sole and reasonable discretion of Qsailor.
4. Vendor's Relationship With Drivers :
Vendors shall have the sole responsibility for any obligation or liability to Drivers that arise from its Relationship with its Drivers including but not limiting to ( including provisions of Transportation Services) Vendors Acknowledges and agrees that it exercise sole control over the Drivers and will Comply with all applicable Laws ( including Tax , Social Security, Insurance and employment laws ) governing or otherwise applicable to its relationship with the Drivers Vendor acknowledges and agrees that it is at all times responsible and liable for the acts and omissions of its Drivers vis-vis users and Qsailor.
4.1 A Vendor acknowledges and agrees that: (a) after receiving Transportation services,a user will be prompted by Qsailor mobile application to provide a rating of such transportation services and Driver and, optionally, to provide comments or feedback about such Transploration services and Driver; and (b) after providing Transportation services, the Driver will be prompted by the and, optionally, to provide comments or feedback about the user. Qsailor shall instruct all Drivers to provide ratings and feedback in good faith.
5. Drivers and Vehicles Requirements
Vendors acknowledges and agrees that each driver shall at all times:
(a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate the vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to customer and/or driver that are necessary to provide passenger transportation services to third parties in the Territory;(iii) A valid Third party insurance and a valid pollution certificate.
(b) Possess the appropriate and current level of training, expertise and experience to provide transportation services in a professional manner with due skill, care and diligence, he should be in a neat and clean attaire and maintain a good level of hygine; and
(c)Maintain high standards of professionalism, service and courtesy. Vendors acknowledges and agrees that each driver may be subject to certain background and driving record checks from time to time in order for such driver to qualify to provide, and remain eligible to provide, and remain eligible to provide, transportation services. In addition if Vendor and/or driver are using the Qsailor Various platforms to provide Transportation services in conjunction with operating a taxi ("taxi services") such Vendor and/or driver shall comply with all applicable laws with respect thereto. Vendor acknowledges and agrees that Qsailor reserves the right, at any time in Qsailor sole discretion, to deactivate or otherwise restrict a driver from accessing or using its Platform of services or the Qsailor services if customer or such Driver fails to meet the requirements set forth in this Agreement.
5.2 Vehicle Requirements. Vendors acknowledges and agrees that each vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle in the territory; (b) owned or leased by Vendor , or otherwise in Vendor's lawful possession; (c) suitable for performing the passenger transportation services contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a vehicle of its kinds and any additional standards or requirements in the applicable territory, and in a clean and sanitary condition.
5.3 Documentation. To ensure Vendors 's and each of its drivers' compliance with all requirements in sections as above, Vendors must provide Qsailor with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Vendor's and the applicable drivers' provision of any transportations services. Thereafter, Vendors must submit to Qsailor written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. Qsailor shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and customer's failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. Qsailor reserves the right to independently verify customer's and/or any driver's documentation from time to time to time in any way Qsailor deems appropriate in its reasonable discretion.
6. Fare Adjustment.
Qsailor reserves the right to make adjustments in the Fare for certain cases of giving inappropriate tranportation services which causes loss to the User or to the Qsailor for instance Drivers taking long routes. The Vehicle is not as per the standards, Driver not following proper instructions provided to him. In ordinate delay in providing the services. (ii) cancel the Fare for a particular instance of Transportation Services (e.g., A User is charged for Transportation Services that were not provided or in the event of a User complaint, fraud, etc Qsailor's decision to reduce or cancel the Fare in any such manner shall be Exercised in a reasonable manner.
The Vendor acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of transportation services as required by applicable law; and (b) provide Qsailor with all relevant tax information (including a valid VAT/ service tax number belonging to Vendor and/or any Driver by applicable law). Vendor further acknowledges and agrees that Vendor and each of its drivers are responsible for taxes on their own income arising from the performance of transportation services. Notwithstanding anything to the contrary in this Agreement, Qsailor may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Vendor's and/or any driver's provision of transportation services and/or provide any of the relevant tax information pertaining to the vendor directly to the applicable government tax authorities on Vendor's and/or the applicable driver's behalf or otherwise.
8 . Intellectual Property.
The Qsailor services, Qsailor Logo, Qsailor website, Qsailor Mobile Application and Qsailor Data, including all other intellectual property rights therein, and the Qsailor devices are and shall remain the property of Qsailor. Neither this Agreement nor Vendors's use of the Qsailor services, its Various Platforms or Qsailor Data, conveys or grants to Vendor any rights: (a) in or related to the Qsailor services, Its various Platforms or Qsailor Data, except for the limited license granted as above; or (b) to use or reference in any manner Qsailor's company names, logos, product and service names, trademarks, service marks or other indicia of ownership. Additionally, Vendor acknowledges Qsailor rights in its Qsailor family of trademarks and names, including Qsailor, alone and in combination with other letters, punctuation, words, symbols and/or designs. Vendor agrees it will not, and it will ensure that its drivers do not, try to register or otherwise claim ownership in any of the Qsailor Marks and Names, alone or in combination with other letters, punctuation, words, symbols and/or designs, or in any confusingly similar mark or name.
This Agreement shall commence of the date that the Agreement is executed by customer (electronically or otherwise) and shall continue until terminated as set forth herein.
Either party may terminadte this Agreement: (a) without cause at any time upon seven (7) days prior notice to the other party; (b) immediately, without notice, for the other party's material breach of this Agreemet; or (c) immediately, without notice, in the event of the insolvency or bandruptcy of the other party, or upon the other party's filing or submission of request for suspension of payment (or similar action or event) against the terminating party.in addition, Qsailor may terminate this Agreement or deativate customer or a particular Driver immediately, without notice, with respect to Vendor and/or any driver in the event Vendor and/or any driver, as applicable, no longer qualifies, under applicable law or the standards and policies of Qsailor, to provide Transportation services or to operate the Vehicle, or as otherwise set forth in this Agreement.
The Terms shall be construed in accordance with Indian law and the parties hereby submit to the exclusive jurisdiction of the courts of Delhi, India to settle any disputes which may arise in connection with the terms of this agreement.