Driving Instructor Terms and Conditions

Parties

This Agreement is between –

EzLicence UK Ltd Company Number 15027268 trading as EzLicence (EzLicence); and
the Driving Instructor who has signed up to the EzLicence platform in accordance with this Agreement (Driving Instructor);

each a Party and together the Parties.

EzLicence Disclosures

EzLicence’s complete terms and conditions are contained below, but some important points for Driving Instructor to know before it joins EzLicence as a Driving Instructor are set out below:

EzLicence may amend this Agreement or the features of the EzLicence at any time, by providing written notice to Driving Instructor;
Driving Instructor’s contact information, including their phone number, will be passed on to a Learner who elects to purchase bookings from them;
To the maximum extent permitted by law, any fees payable by Driving Instructor to EzLicence are non-refundable;
To the maximum extent permitted by law, EzLicence shall have no Liability to Driving Instructor for any loss or corruption of data, or any scheduled or emergency maintenance that causes the platform to be unavailable.
EzLicence’s aggregate liability for any Liability arising from or in connection with this Agreement will be limited to EzLicence’s sole discretion, to EzLicence repaying Driving Instructor the amount of the fees paid by Driving Instructor to EzLicence during the term; and
EzLicence may terminate Driving Instructor’s Agreement with it at any time by giving 30 days’ written notice.

Nothing in these terms limit Driving Instructor’s rights under the Consumer Rights Act 2015.

TERM OF AGREEMENT

This Agreement commences when Driving Instructor accepts these terms and conditions by clicking “I accept” or registering on the EzLicence platform, and continues until terminated in accordance with this Agreement. By accepting this Agreement, Driving Instructor acknowledges that it has read, understands and agrees to comply with the terms of this Agreement.

EZLICENCE MARKETPLACE

The following clauses apply to the use of the EzLicence Marketplace Services:

Relationship of the parties

The Driving Instructor acknowledges and agrees that –
1. they are independent of EzLicence and are not an agent, employee, contractor or subcontractor of EzLicence;
2. the EzLicence website is the conduit between Driving Instructors and Learners. EzLicence provides the platform to users (including hosting and maintaining the platform), utilise marketing strategies to gain potential Learners to purchase lessons from the platform, and process payments and facilitate bookings between Learners and Driving Instructors (together the EzLicence Marketplace Services);
3. any agreement to undertake a booking is between the Learner and the independent Driving Instructor to which EzLicence is not a party;
4. EzLicence is not liable or responsible for the conduct, acts or omissions of Driving Instructors or Learners;
5. the Driving Instructor retains the right to use other software application services to provide bookings and to engage in any occupation or other business;
6. it is the Driving Instructor’s sole responsibility at the commencement of each booking, to check and verify that each Learner has a current and valid provisional driving licence, or any other driver’s licence type, that lawfully allows that Learner to drive in the country in which they are undertaking bookings, such that if a Learner does not have the same, the Driving Instructor must:
  1. refuse to provide a booking to that Learner; and
  2. notify EzLicence immediately; and
7. EzLicence does not check or carry out searches or due diligence on Learners . Driving Instructors are always responsible for and obliged to take all reasonable precautions in relation to their personal and vehicle safety and security and EzLicence is not responsible or liable for any physical, mental or emotional loss, claim, harm or damage suffered as a result or in connection with, or as a consequence of, accepting (or refusing to accept), or taking on a Learner for a booking.
8. If the Driving Instructor is joining EzLicence as a Trainee Driving Instructor (PDI), they do so with the permission of their supervising Approved Driving Instructor (ADI)

Warranties by Driving Instructor

The Driving Instructor warrants that they have done all of the following –
1. complied with all requirements in the United Kingdom to become a fully qualified driving instructor;
  1. or if the driving instructor is a Potential Driving Instructor (PDI), they have obtained permission from their supervising Approved Driving Instructor (ADI) to join the EzLicence platform
2. they have no health or medical issues that may prevent them from being fit to drive or instruct Learners;
3. they have no police or criminal history and have no pending investigations or charges against them;
4. they have successfully passed a Disclosure and Barring Service Check (DBS Check) and provided the details of this check to EzLicence;
5. personally checked and verified that each Learner has a current and valid provisional driving licence or other valid licence type at the commencement of each booking, in accordance with clause 2.6. above; and
6. they will not prevent or obstruct EzLicence from confirming the status of any DBS Check carried out against them.

Driving Instructor’s Use of EzLicence Marketplace

The Driving Instructor agrees –
1. they are required to have a username and password to access and use the EzLicence website;
2. that they will not divulge their username or password to anyone or allow others to use it on their behalf;
3. that they will only use the EzLicence website for its intended purpose, which is to connect Driving Instructors with Learners;
4. that they will keep Learner data secure;
5. the information they have provided is current, true and correct;
6. to amend their details whenever their circumstances change as a matter of priority;
7. not to use the EzLicence platform for any illicit purposes including to disseminate hate speech or similar views; and
8. not to use the EzLicence platform to promote any third parties.

Fidelity

The Driving Instructor agrees:
1. not to facilitate bookings with a Learner through any other means other than through the EzLicence Marketplace;
2. not to do any acts or omit to do things that damage or may damage the reputation of EzLicence.
The Driving Instructor agrees that a breach of clause 5 will result in immediate termination of the Agreement pursuant to clause 38., and removal from the EzLicence website and platform.

Policies

The Driving Instructor warrants that they have read and understood the following documents
1. The EzLicence Driving Instructor Code of Conduct;
2. the Payment Policy;
3. the EzLicence UK Privacy Note; and
4. the EzLicence Policies and Procedures that may be provided to Driving Instructors from time to time.
The Driving Instructor further warrants that they agree to the Policies and agree to any amendments as made from time to time. The parties agree that all Policies and subsequent amendments are binding on the parties. Links to the Policies can be found in the Schedule to this document.

Quality Assurance

The Driving Instructor acknowledges and agrees that –
1. EzLicence is dedicated to providing ‘real time bookings’ and providing services that allow Learners to have control over the date and time of their bookings;
2. EzLicence maintains and expects only the highest quality of services from Driving Instructors;
3. EzLicence relies on its reputation with Learnersto secure word of mouth sales and to generate customers and bookings; and
4. the Driving Instructor must adhere to and comply with all standards determined by EzLicence in carrying out its services, as set out in, but not limited to, clause 10 below.
The Driving Instructor agrees –
1. to be respectful to Learners;
2. to ensure that they are available and willing to take all bookings made on date and at times as allocated as ‘available’ by the Driving Instructor;
3. to maintain an accurate diary and calendar of all bookings agreed to (in accordance with clauses 34 and 35);
4. to arrive on time for all bookings with Learners;
5. to maintain a professional appearance while conducting bookings with Learners;
6. not to behave in a discriminatory, demeaning or derogatory way, or use threatening, abusive or offensive language towards Learners or EzLicence staff;
7. not to eat, or drink to the extent that it inhibits their ability to safety deliver their services, while conducting bookings;
8. not to use a mobile phone or similar electronic device while conducting bookings; and
9. not to take or accept money, money’s worth, tips or other types of bribes from Learners.
If the Driving Instructor receives poor feedback from a Learner, whether based on a failure to comply with clause 10 or otherwise, EzLicence may at its sole and absolute discretion immediately terminate the Driving Instructor’s registration with EzLicence pursuant to clause 38.8.

Insurance

The Driving Instructor is solely and absolutely responsible for holding and maintaining the insurance set out in this clause 12, and further warrants that they –
1. have been appropriately endorsed by the relevant insurance provider for the insurance referred to in this clause 12;
2. hold the appropriate levels of public liability and personal indemnity insurance;
3. have current compulsory third party vehicle insurance;
4. hold the appropriate level of comprehensive car insurance that covers accidents that occur while the Driving Instructor is instructing a Learner;
5. have informed their comprehensive car insurance provider that they are conducting driving lessons;
6. have received an endorsement by their insurance provider confirming the information referred to in clauses 12.4 and 12.5;
7. will inform EzLicence when any form of insurance lapses;
8. have a vehicle that has a dual pedal control;
9. will only conduct a booking in a vehicle that is –
  1. registered as a driving vehicle with EzLicence;
  2. registered in their own name (or a company controlled by them) subject to clause 16; or
  3. fitted with dual pedal controls; and
10. will provide information to EzLicence regarding the make, vehicle registration number, model and year of the vehicle, together with a photo of the car upon request.

Certification Verification Requirements

EzLicence may require that Driving Instructors produce a copy of their –
1. UK Driving Licence;
2. ADI registration; or
3. PDI registration; and
4. DBS Check.
Driving Instructors agree to notify EzLicence immediately in the event that the requirements or accreditations contained in clause 13 lapse.
For avoidance of doubt, it is the sole responsibility of Driving Instructors to ensure ongoing maintenance of the requirements or accreditations contained in clause 13.1.

Vehicle Requirements

Driving Instructors agree that their vehicle is to remain at all times –
1. roadworthy;
2. clean;
3. well maintained; and
4. registered.
Driving Instructors agree to notify EzLicence immediately when they intend to use a different vehicle to conduct their bookings and may not use a different vehicle unless and until they have notified EzLicence.

Tax Compliance

Driving Instructors agree to comply with all United Kingdom tax requirements including paying any applicable VAT if transacting through the EzLicence or associated websites. In particular, Driving Instructors acknowledge that they will be required to charge and remit VAT on taxable supplies if they are registered or are required to be registered for VAT in accordance with the Value Added Tax Act 1994 from time to time, and Driving Instructors are responsible for paying this.

Additional charges

Where applicable, Driving Instructors agree to pay any charges incurred as a result of clean air zones that may be in effect in the areas in which the Driving Instructors are conducting bookings.

Booking prices and payments

The Driving Instructor appoints EzLicence as the limited payment collection agent solely for the purpose of accepting the booking payment.
The Driving Instructor agrees that the payment made by the Learner to EzLicence shall be considered the same as payment made directly by the Learner to the Driving Instructor, and is a discharge of the booking.
Driving Instructors are responsible for setting their own hourly rates for bookings over which EzLicence has no input or control.
Subject to clause 23, in return for EzLicence providing the Driving Instructor with the connection to the Learner, payment collection of the booking fee and processing and support services, the Driving Instructor agrees to pay EzLicence –
1. a service fee calculated at 18% of the applicable hourly rate as referred to in clause 21, which is inclusive of VAT (the Service Fee), and which will apply regardless of the actual price charged for or allocated to that booking by the Driving Instructor pursuant to clause 21; and
2. an account fee of £4.62 (Admin Fee) charged every four weeks.
The Admin Fee will be charged if at least one booking payment has been validated by the Driving Instructor in the relevant calendar month.
The Service Fee will be amended to reflect any Discount Bands applied to a booking.
EzLicence will render a tax invoice to the Driving Instructor for the Service Fee and the Admin Fee fortnightly.

Driving Instructor Payment Terms

Learners will pay Driving Instructors for each booking validated by that Driving Instructor pursuant to clause 32.2.
EzLicence will forward all payments referred to in clause 26. above to the Driving Instructor every fortnight, based on all accrued booking payments as validated by the Driving Instructor in the previous fortnight and in accordance with the Payment Policy.
EzLicence will provide to the Driving Instructor an invoice for each payment, setting out the following for each booking –
- booking ID, date and duration of booking;
- price of booking set by the Driving Instructor ;
- Service Fees deducted;
- Admin Fees deducted; and
- VAT
EzLicence may amend the rate of any Service Fee, or the Admin Fee on 30 days’ notice to the Driving Instructor. The revised fees will then from that time be deemed to take effect automatically.
Driving Instructors bear all risk associated with non-payments by Learners.
Driving Instructors are required to inform EzLicence immediately if they believe that a Learner is acting fraudulently in relation to payments.

Validation of bookings

In order to be paid for a booking, the Driving Instructor agrees to the following –
1. when a Learner places a booking, the booking payment is allocated to the chosen Driving Instructor;
2. the Driving Instructor must validate the booking through the EzLicence website in order to be paid;
3. For the first 20 bookings, driving instructors will receive a notification at the end of each booking. The notifications will link driving instructors directly to the booking validation system authorising the instructor’s payment during the next pay cycle;
4. Driving Instructors can log in to the booking validation system at any time and validate bookings that have not been validated; and
5. if bookings are not validated within 72 hours, the Driving Instructor irrevocably forfeits the payment, and will not be paid for that booking.

Refund of booking payments

If EzLicence believes a booking payment that has been validated by a Driving Instructor should be refunded to a Learner or a third party, EzLicence will forfeit its Service Fee and, either of the following will also apply -
1. if the booking payment has not yet been received by the Driving Instructor, EzLicence will deduct the allocated revenue share subject to the refund from the Driving Instructor’s next fortnightly payment; or
2. if the Driving Instructor has received payment for the validated booking, EzLicence will deduct the equivalent payment from the Driving Instructor’s next fortnightly payment if that payment contains sufficient funds to cover the refund amount.

Calendar System

All booking management is the responsibility of the Driving Instructors who agree to update their own calendar immediately when notified of a Learner booking through EzLicence.
Driving Instructors agree to update the EzLicence calendar portal when other Learners book privately through the Driving Instructor so that EzLicence bookings are not made during this time.

Booking Cancellation/Rescheduling Fee

If a Learner cancels or reschedules a booking more than 48 hours before a booking, the Learner will receive a credit for 100% of the full booking charge, and the Driving Instructor will receive no payment for that booking.
If a Learner cancels or reschedules a booking 48 hours or less before the booking is due to start, the Driving Instructor may at its sole discretion charge the Learner for the full price of the booking.

Events of Termination

EzLicence may, in its discretion, restrict, suspend or cancel a Driving Instructor’s registration upon providing Written Notice under the following circumstances –
1. where a Driving Instructor breaches this Agreement or our Code of Conduct;
2. where a Driving Instructor has committed an offence, including where the Driving Instructor has been charged with or has been convicted of a criminal offence;
3. where a Driving Instructor’s DBS Check, ADI or PDI credentials have been falsified or have expired;
4. where a Driving Instructor is no longer a licensed driver or not otherwise permitted by law to be a licensed driving instructor;
5. where a Driving Instructor is the subject of legal proceedings relating to a motor vehicle accident;
6. where a third party conducts a booking on the Driving Instructor’s behalf;
7. where the Driving Instructor conducts a booking in a vehicle other than that (or those) of which EzLicence has been notified; and
8. where the Driving Instructor receives poor Learner feedback or accumulates a poor rating as determined by EzLicence.
If a failure of a Driving Instructor to perform their obligations under this Agreement is not rectified within 7 days, EzLicence may restrict, suspend or cancel a Driving Instructor’s registration on the EzLicence website without giving notice to the Driving Instructor.
EzLicence will remove the ability for Learners to place bookings with Driving Instructors immediately when any form of documentation or insurance that EzLicence has in its records expired.
A Driving Instructor may terminate this Agreement by de-registering their account on the EzLicence website and platform, in which event the Driving Instructor agrees –
1. that all Driving Instructor data and information will be retained by EzLicence in accordance with applicable privacy laws.

Consumer rights protections and laws

Certain legislation, including the CRA and similar consumer protection laws and regulations, may confer Driving Instructor with rights, warranties, guarantees and remedies relating to the provision of the EzLicence Marketplace Services by EzLicence to Driving Instructor which cannot be excluded, restricted or modified (Consumer Law Rights).
If the CRA applies to Driving Instructor as a consumer, nothing in these Terms excludes Driving Instructor’s Consumer Law Rights as a consumer under the CRA. Driving Instructor agrees that EzLicence’s Liability for services provided to an entity defined as a consumer under the CRA is governed solely by the CRA and this Agreement.
Subject to Driving Instructor Consumer Law Rights, EzLicence excludes all express and implied warranties, and all material, work and services are provided to the Driving Instructor without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
This clause will survive the termination or expiry of this Agreement.

Liability

Despite anything to the contrary, and to the maximum extent permitted by law:
1. Driving Instructor agrees to indemnify EzLicence, and hold EzLicence harmless, for any Liability EzLicence incurs due to Driving Instructor’s breach of this Agreement;
2. neither Party will be responsible for Consequential Loss;
3. each Party’s liability for any Liability under this Agreement will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that Party to mitigate its losses; and
This clause will survive termination or expiry of this Agreement.

Confidentiality

Driving Instructors are not to use Learner information except for the express purpose of delivering bookings.

Indemnity

Driving Instructors agree to indemnify and protect EzLicence against any actions, damages, claims, demands, prosecutions, fines and penalties including through negligence which occur as a result or in relation to their actions as a Driving Instructor.
Clauses 49 and 50 survive termination of the Agreement.

Privacy

EzLicence and Driving Instructors agree to adhere to the UK General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 from time to time in force (if applicable).
Driving Instructors may obtain access to personal information that EzLicence have on record by submitting a support request via https://support.ezlicence.co.uk/hc/en-gb/requests/new.

Intellectual Property

The Driving Instructor agrees that all intellectual property and copyright rights over or in connection with EzLicence products and resources are owned by EzLicence exclusively.

Force Majeure

Neither EzLicence or Driving Instructors are liable to the other or considered to be in default under this Agreement if and to the extent that such party’s performance of this Agreement is delayed or prevented by reason of force majeure, which is defined for this Agreement to mean an event that is beyond the reasonable control of the party affected and occurs without such party’s fault or negligence.

Arbitration

If any dispute arises between a Driving Instructor and EzLicence, the following procedures apply –
1. If the dispute is not resolved within 14 days, the parties agree to refer the matter to a mediator in accordance with the following procedure –
  1. the parties agree to hire a mediator to mediate over the dispute;
  2. the mediation will take place via an agreed video conferencing platform; and
  3. the mediator will follow the mediation procedure set out by the Centre for Effective Dispute Resolution (CEDR). A copy of the mediation rules may be accessed at this website: https://www.cedr.com/wp-content/uploads/2022/05/CEDR-Model-Mediation-Procedure-May-22.pdf
2. If the mediation process fails, the parties agree to refer the matter to an arbitrator in accordance with the following procedures –
  1. the arbitration is to be conducted by a single arbitrator who is to be agreed by the parties;
  2. if the parties are unable to agree on the arbitrator within 14 days, the arbitrator is to be appointed by the
  3. the arbitration will be conducted in accordance with the London Court of International Arbitration. and
  4. the parties agree that the decision of the arbitrator is binding on the parties.
The costs of mediation or arbitration are to be shared equally between the parties.

No Waiver

A failure or delay by EzLicence in exercising a right does not constitute a waiver of EzLicence’s rights to pursue an action.

No Assignment of Agreement

The Driving Instructor is not allowed to sell, assign, sub-lease or transfer this Agreement to anyone else.

Modification of Agreement

EzLicence may change this Agreement from time to time upon written notice to the Driving Instructor.
Subject to clause 57 -
1. a Driving Instructor who continues to use the EzLicence website and accept bookings from Learners is considered to accept the new terms as updated from time to time; and
2. it is the responsibility of the Driving Instructor to read through the amended terms and conditions as required from time to time.

Notice

Notices provided under this Agreement may be provided by –
- email;
- any other form of electronic communication, including via the EzLicence website; or
- by any other means used on a regular basis by both parties.

Severability

This Agreement is to be interpreted in a way that renders the provisions valid and enforceable to the maximum extent possible.

Governing Law

This Agreement is governed by the laws of England and Wales. The parties submit to the non-exclusive jurisdiction of the English courts.

Entire Agreement

This Agreement represents the entire agreement between the parties, along with any documents referred to herein. This Agreement supersedes any previous understandings or agreements, whether oral or written.

Definitions

The following words carry the following meanings:

Agreement means this document as amended from time to time along with any documents referred to in this document;

Code of Conduct means the EzLicence Driving Instructor Code of Conduct.

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Discount Band means the discount applied where multiple bookings have been made as set out in the Payment Policy.

Driving Instructor means the person who has contracted with EzLicence to become a Driving Instructor through the EzLicence online website platform;

Event of Termination means those events set out in clauses 38 – 41.

EzLicence means EzLicence UK Ltd;

EzLicence Marketplace means the online marketplace, where Driving Instructors and Learners are connected by EzLicence.

Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.

Learner means a person who is at least 17 years old or older who has made a booking through EzLicence, and a secondary account holder who has purchased the booking for the Learner;

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to this Agreement or otherwise;

Payment Policy means the EzLicence Payment Policy;

Policies means the Payment Policy, the Privacy Policy, and the Driving Instructor Code of Conduct;

Privacy Policy means the EzLicence Privacy Policy;

Written Notice includes notification given by email or SMS.

Interpretation

In the interpretation of this Agreement:
1. every aspect of this document with the exception of the headings are substantive parts of this Agreement and are to be read accordingly;
2. headings are used for convenience, but are not to be interpreted as part of this Agreement;
3. when the singular is mentioned, it also means the plural of that word, and vice versa;
4. words specifying one gender includes all other genders; and
5. when legislation is referred to, the legislation includes all rules, ordinances, by laws, orders, regulations, consolidations, rewrites, amendments, re-enactments and replacements of that same legislation.
In the event of any inconsistency between the provisions of this Agreement and the Payment Policy, this Agreement shall prevail.