Parties

This agreement is between:

The Driver who is registering online, referred to in this agreement as Contractor

and

Background

Drivision Australia conducts a ground transport business in Australia and provides premium chauffeur and executive transport services utilising the services of professional drivers.

Drivision Australia has agreed to engage the Contractor to provide chauffeured hire car and/or special vehicle services on the terms and conditions set out in this agreement.

The Contractor is a professional driver and has represented that he/she is experienced in the supply of chauffeured hire car and/or special vehicle and related driver services, and has agreed to perform the services under this agreement for Drivision Australia in a manner consistent with the provisions of this agreement, best practice standards for the kind of work required and in accordance with all requirements of applicable laws.

The parties agree for consideration of the mutual agreements contained in this agreement to the terms and conditions set out in this agreement.

Binding Agreement

This agreement (and the service levels contemplated in it) constitute a binding agreement between Drivision Australia and the Contractor.

Relationship

The parties acknowledge and agree that the relationship between them constituted or evidenced by this agreement is not one of employment. Drivision Australia is not an employer, and the Contractor is not an employee of Drivision Australia. The relationship is one of principal and contractor.

Appointment

By entering into this agreement the Contractor agrees to provide during the term of this agreement ground transport services for specified trips, in each case strictly in accordance with the provisions of this agreement.

In consideration for those services Drivision Australia will pay the Contractor the contracted sum, being the advertised price of each booking (inclusive of GST) plus authorised chargeable extras where applicable.

Term and Termination

Commencement

This agreement commences after all the following have successfully taken place:

1. The Contractor completes the online registration/application form to become a Drivision Australia subcontractor driver and provides all required information
2. The Contractor ticks the Service Level Agreement acceptance option box indicating he/she has read, understood and accepts this Service Level Agreement (hereafter referred to as SLA)
3. The Contractor ticks the Safety Management Plan acceptance box indicating he/she has read, understood and accepts all obligations outlined in the Safety Management Plan (hereafter referred to as SMP)
4. The Contractor's ABN is confirmed as GST registered by a Drivision Australia manager and this check is noted in the Contractor's online profile
5. The Contractor is confirmed as eligible to drive a public passenger vehicle, as per the relevant state government requirements
6. The Contractor attends an interview (in person or via video call) with a Drivision Australia manager, provides original documentation as outlined in the interview checklist for sighting and presents him/herself and the vehicle professionally
7. The Contractor undergoes relevant training and demonstrates clear knowledge of both the SLA and SMP by achieving 100% accuracy on the relevant knowledge tests
8. The Agreement is held valid for updates which may be effected from time to time as required and which will be emailed to the Contractor and updated on his/her profile in the Drivision Australia system. The driver is presumed to accept all changes unless written notice is received by Drivision Australia within 5 working days from the date of the email being issued to the Contractor with the updated Agreement.

Termination

This agreement will remain in full force and effect until terminated in writing by either party.

In the event that this agreement is terminated by either party, Drivision Australia will determine the action to be taken in relation to all pending bookings previously allocated to the Contractor.

If the agreement is terminated by the Contractor, the Contractor is bound by this agreement to give at least 72 hours' notice and must, unless relieved of such responsibility by written notice from Drivision Australia, fulfil all allocated bookings in respect of such 72-hour notice period.

Suspension of Contractor

Drivision Australia reserves the right to suspend any Contractor from its list and refuse to supply bookings to the Contractor and recall previously allocated bookings at its absolute discretion.

Non Transferrable

This agreement is non transferrable by the Contractor to another party. In the event that the Contractor cannot fulfil his/her obligations to accepted bookings in person for any reason the Contractor must call Drivision Australia in advance and return all bookings to Drivision Australia.

If the Contractor is planning on a period of leave and appointing another driver to drive his/her vehicle during that time, the Contractor must advise Drivision Australia in writing in advance and include full contact details of the replacement driver. Drivision Australia reserves full rights to all bookings accepted by the Contractor, and in this circumstance has full discretion to determine if the bookings can be completed by the replacement driver. The replacement driver must register with Drivision Australia and be deemed eligible by going through the entire driver onboarding and engagement process. No exceptions will be made.

Contractor Undertaking

The Contractor gives in favour of Drivision Australia the following specific undertakings in relation to the provision of his/her services as a subcontractor driver:

1. I will be responsible for payment of any federal and state payroll and self-employment taxes attributable to payments received for ground transport services performed by me and acknowledge and agree that I am not an employee of Drivision Australia for any purposes
2. I am not working under the supervision of Drivision Australia and will set my own work hours and routine
3. I will provide my own vehicle, materials, tools, and equipment, and will expect no reimbursement for any out-of-pocket expenses incurred by me in this regard in the performance of my services
4. I will perform services at the rate quoted for each ground transport booking accepted by me from Drivision Australia, in each case inclusive of GST, with the addition of the authorised chargeable extras where applicable and provided I follow the extra charges process requirements outlined herein

Non-Solicitation Covenant

It is a fundamental term of the relationship between Drivision Australia and the Contractor, and of this agreement, that the Contractor warrants that he/she does not under any circumstance directly or indirectly approach, solicit or accept work in any form from customers or passengers (customers) of Drivision Australia.

Should a Drivision Australia customer communicate directly with the Contractor (either by telephone, in writing or verbally, and either before, during or after a trip) to make a booking or to edit an existing booking, the Contractor must immediately advise the customer that the Contractor is not authorised to take or alter such bookings and the customer should call Drivision Australia on 1300 374 847, details of which are listed on the Drivision Australia website (www.drivision.com.au).

Further, should a customer or representative of a customer directly approach the Contractor with the intent of discussing pricing or direct dealing with the Contractor or any other associated driver providing similar services, the Contractor must refrain from having such discussion and inform the customer that such an arrangement would be a serious breach of his/her agreement with Drivision Australia.

Further, if this agreement is suspended or terminated for any reason the Contractor is strictly prohibited at any time during the 12-month period after such suspension or termination from directly or indirectly contacting any Drivision Australia customer (either by telephone, in writing or verbally) to solicit or accept work on the Contractor's or any other person's behalf.

In the event of any breach by the Contractor of his/her obligations under this section then in addition, and without prejudice, to any other remedy which Drivision Australia may have (including a right to any profits or other moneys arising as a result of the breach, and/or a right to damages, or suspension from the Drivision Australia network without prior notice and/or termination of this agreement) Drivision Australia will be entitled to seek and obtain injunctive relief in any Court of competent jurisdiction.

Whilst the parties agree that the restraints and restrictions contained in this section are reasonable, if any one or more of them is held by a Court to be invalid, void or otherwise unenforceable, but would if part of the wording of the relevant restriction or of any of the relevant definitions relating thereto was deleted, those restrictions will apply with such deletions as may be necessary to make that particular restriction or restrictions valid and enforceable.

The provisions of this section survive termination of this agreement.

Training & Knowledge Testing

The Contractor agrees to undertake and complete any training session and/or testing, as required by Drivision Australia.

Training and knowledge testing may be conducted via a number of different mechanisms (in person or digital) which will be advised to the Contractor at the relevant time. The purpose of training and testing is to assist the Contractor to get an understanding of all the terms of this agreement and to understand why many of these terms have been implemented.

Any Contractor who does not complete required training and testing will not be activated for service and will not be able to access the RideMinder Driver App and commence accepting work, or will be suspended and access to the RideMinder Driver App blocked.

Mandatory Requirements

The Contractor undertakes to Drivision Australia at all times during the term of this agreement to hold and maintain the following minimum mandatory requirements which must be in place in order to be accepted and remain a subcontractor driver for Drivision Australia.

By entering into this agreement the Contractor represents to Drivision Australia that each of these requirements have and will continue to be met to the highest standards:

Current Driver's Licence

The Contractor warrants he/she will at all times hold a current driver's licence. The Contractor agrees to upload a copy of his/her driver's licence during the online registration process and to update these images as required. The Contractor also agrees to provide the original driver's licence during the interview process as required.

Current Hire Car Qualifications

The Contractor warrants he/she holds current hire car driver qualifications as set by the relevant state government under which the Contractor operates. The Contractor agrees to upload a copy of the relevant qualification documents during the online registration process and update the images as required. The Contractor also agrees to provide the relevant qualification documents during the interview process as required.

Vehicle Registration Certificate

The Contractor warrants he/she holds current and appropriate vehicle registration as set out by the state government under which the Contractor operates. The Contractor agrees to upload a copy of the vehicle registration certificate during the online registration process and to update these images as required. The Contractor also agrees to provide the original vehicle registration certificate during the interview process as required.

CTP Insurance

The Contractor warrants he/she will at all times hold the required compulsory third party insurance (CTP/Greenslip) as required by the relevant state government. Please note some states (such as NSW) require confirmation from the insurance supplier that the CTP Insurance covers Third Party Property Damage. The Contractor agrees to upload a copy of the CTP insurance certificate during the online registration process and update as required. The Contractor also agrees to provide the CTP insurance certificate during the interview process as required.

Vehicle Insurance

The Contractor warrants that he/she has, and will have at all times, appropriate vehicle insurance cover and that the vehicle used to provide services in connection with this agreement has appropriate insurance cover to comply with all relevant road use and commercial hire car requirements as required by the relevant state government under which he/she operates. The Contractor agrees to upload a copy of the vehicle insurance certificate during the online registration process and update as required.

Vehicle Maintenance & Condition

The Contractor warrants that he/she will at all times operate a vehicle in excellent mechanical working order and maintained to the highest standards as per the manufacturer's recommendations. The Contractor also warrants the vehicle is and will be kept to the highest level of cleanliness (internally and externally) at all times while providing services outlined in this agreement.

ABN Registered for GST

The Contractor warrants that he/she holds and will always hold a current ABN, registered for GST. The Contractor understands that Drivision Australia will check the ABN is registered for GST during the onboarding process and will conduct random checks thereafter. Any Contractor whose ABN becomes unregistered for GST will be immediately suspended.

Hand Held Mobile Device

The Contractor warrants he/she will have a hand held mobile device capable of downloading and operating the current iOS or Android RideMinder Driver App.

Driver Information Maintenance & Advice

The Contractor warrants that he/she will maintain as current and accurate all the details provided on registration and to which the driver has online access at all times while remaining with a status of "Active". The Contractor also warrants he/she will inform Drivision Australia immediately of changes to any details provided by immediately updating the details online or via the RideMinder Driver App.

Driver Tracking Agreement

The Contractor warrants he/she agrees to be tracked via the RideMinder Driver App for geolocation services, navigation assistance and customer app visibility. Tracking is only active when the Contractor is logged into the RideMinder Driver App.

Driver Government Information Access Agreement

The Contractor warrants he/she agrees for Drivision Australia to access driver information from relevant government bodies in order to complete legal obligations for ensuring Contractor eligibility as per the prevailing laws. Drivision Australia guarantees any private information will be used strictly to determine Contractor eligibility to perform services outlined in this contract and will not be shared with any third party unless required by law.

Driver-Customer Communication Tracking Agreement

The Contractor warrants he/she understands and agrees that Drivision Australia will track and monitor all communications between the Contractor and Drivision Australia customers facilitated using the RideMinder Driver App. These communications are security masked and customers/Contractor do not see each other's actual numbers. Drivision Australia will capture and have visibility over the messaging contents.

Customer Rating Acknowledgement

The Contractor undertakes that he/she understands and acknowledges that Drivision Australia auto-sends a text message rating request to every customer at the end of every transfer. The customer is offered to rate their experience on a scale of 1–5, where 1 is the lowest and 5 is the highest rating. The customer can also provide a comment. Any rating less than 4 is automatically alerted to Drivision Australia management by the system for further investigation and clarification.

This customer rating and monitoring system allows customers to alert Drivision Australia management to any unsatisfactory experience. Management will investigate to determine if further driver training/coaching is required, if a specific vehicle condition needs to be improved or if a business process can be improved.

If the rating uncovers inappropriate or negligent driver conduct, the Contractor will be immediately suspended or terminated and the relevant authorities formally notified where necessary.

Duties & Responsibility

Communicating with Drivision Australia

The Contractor agrees to use the RideMinder Driver App contact options to communicate with Drivision Australia. There are two types of contact categories and the Contractor agrees to apply reasonable judgement in determining which method of contact to use:

NSW Private Hire Vehicle Mandatory Sticker

If operating in NSW, the Contractor warrants that he/she will ensure their vehicle has an approved retroreflective Private Hire Vehicle sticker fixed to their vehicle(s) as required by the Point-to-Point Commissioner under the Point To Point Transport (Taxis And Hire Vehicles) Act 2016 and the related Regulation 2017. Full details can be found on the Transport for NSW website.

Confidentiality

The terms of this agreement and any other information disclosed to the Contractor by Drivision Australia are confidential and must not be disclosed by either party to any person or entity without the prior written consent of Drivision Australia, except for the purpose of performance or enforcing performance of obligations expressed in this agreement.

The Contractor warrants that he/she will not disclose any information relating to Drivision Australia and/or its customers, systems, network details, pricing information or other information of a confidential nature to any third party unless required by law.

The Contractor also warrants that all information heard, overheard or discussed in the vehicle by customers or passengers during trips must remain strictly confidential and must not be disclosed to any third party unless required by law.

Safety Obligations

The Contractor warrants that under this agreement he/she has an equal obligation to read, understand and accept the Drivision Australia Safety Management Plan (SMP) as indicated and accepted during the online registration process.

The Contractor has absolute and final responsibility for ensuring the safety of yourself and any passengers you transport as per the terms of this agreement and the SMP. Every effort should be made to meet all safety obligations and to communicate immediately with Drivision Australia for support and guidance if ever in doubt over the safe delivery of services or any incident or accident which occurs before, during or after a transfer accepted for a Drivision Australia customer.

General Responsibility

The Contractor must exercise all due care, skill and attention in providing the ground transport services pursuant to this agreement and must do whatever is required to ensure that the service is provided to the reasonable satisfaction of Drivision Australia and each customer.

The Contractor must ensure that all ground transport services are rendered in compliance with the terms and conditions outlined in this agreement and in strict accordance with all applicable laws.

General Duties

The Contractor agrees to observe the following general duties at all times while providing services in connection with this agreement:

1. Be appropriately dressed (see dress code section for more detail)
2. Be well mannered and pleasant
3. Keep the vehicle clean and well presented at all times
4. Always maintain a strict no smoking policy
5. Ensure the vehicle cabin is at a comfortable temperature at all times — on hot or cold days the interior must be comfortable before the journey commences
6. Assist with luggage and bags
7. Turn in-car devices down to a minimal volume
8. Do not engage in personal calls during a trip. If it is necessary to answer an urgent call, ensure hands-free devices are used and keep the call very brief
9. Strictly observe the provisions of all applicable laws, including road transport legislation and all related rules and regulations

Failure to comply with any of the above requirements constitutes a material breach by the Contractor of this agreement.

Dress Code

The standard dress code for all Drivision Australia subcontractor drivers is formal business wear. Dress code is a very important part of the Drivision Australia brand. Our target customer base is the executive traveller and Drivision Australia expects the Contractor to be dressed to the same standards as its customers.

• Dark suit — black, grey, navy, or dark blue
• Black or brown shoes — clean and polished
• Clean fresh business shirt
• Clean crisp tie (men)
• Suit jacket to be worn for pickup of customer — can be removed before driving
• Clean fresh body hygiene
• Freshly shaved or neatly trimmed beard
• No strong aftershave or perfume
• Long hair needs to be tied back away from face

Prohibited Conduct

The Contractor warrants that he/she agrees the following conduct is strictly prohibited while providing services in connection with this agreement:

1. Never be under the influence of drugs or alcohol
2. Never drive while fatigued
3. Never drive if you have a notifiable criminal offence
4. Never disregard a road rule or legal requirement
5. Never drive a vehicle with defects in relation to providing a service under this agreement
6. Never under any circumstance be impolite, unprofessional, rude or abusive to a customer
7. Never smoke in or near the car prior to a pickup
8. Never multiple hire
9. Never fill up your tank when you have a customer on board
10. Never have inappropriate conversations with a customer. Inappropriate topics include sex, religion, race and politics. If a customer initiates such a discussion, the Contractor must politely change the topic and report it to Drivision Australia after the trip
11. Never fraternise with customers. Never ask the customer for personal information or make any personal references of any kind
12. Never discuss money or the fare with a customer. If asked about the fare, always refer the customer back to Drivision Australia
13. Never accept payment from customers for travel in relation to Drivision Australia bookings
14. Never under any circumstance request a gratuity. This is entirely a matter for the customer and may be accepted by the driver only if offered entirely on the customer's own decision
15. Never allow a baby or child to travel in a vehicle unless a complying child/baby seat or child restraint has been fitted
16. Never forget to report any incidents or accidents (however small) to Drivision Australia as immediately as possible

Failure to comply with any of the above requirements constitutes a material breach by the Contractor of this agreement.

Accepting Jobs

Managing Fatigue

It is the sole responsibility of the Contractor to manage fatigue for occupational health and safety reasons. The Contractor should aim to drive no more than 12 hours per day in total. The Contractor should not accept jobs early in the morning after completing late jobs the night before, or vice versa.

As an independent contractor, Drivision Australia has no way to monitor your capacity and hours worked outside of its bookings. It is entirely your responsibility to manage your working hours to ensure safety and wellbeing for yourself and any passengers you transport. Any driver found to be pushing safety boundaries will be immediately terminated and reported to the relevant authorities.

Booking Offer & Fees

Drivision Australia will offer the Contractor bookings at a set fee via the RideMinder Driver App. The advertised fee will be the full fee payable to the Contractor on completion of the job indicated.

The Contractor may be entitled to additional charges for items such as waiting times, tolls and other extras. Payment of these additional charges is subject entirely on the Contractor following the procedure for adding these extras in the RideMinder Driver App as outlined in the Closing Jobs section.

Vision Impaired & Vulnerable Passengers

The Contractor agrees to accept and fulfil bookings for vision impaired passengers who require the companionship of a guide dog or other vulnerable passengers where mobility is affected. It is a requirement of law that these passengers are able to access a wide range of transport options.

Where possible the Contractor will be given special instructions in the booking details indicating that a guide dog will accompany a passenger. The Contractor also agrees to provide respectful assistance to passengers of impaired vision or other disability affecting mobility.

Courtesy Waiting Times

Drivision Australia offers customers the following courtesy waiting times:

1. 10 minutes for regular pickups
2. 20 minutes for Special Event pickups
3. 30 minutes for Domestic Airport pickups from the time of aircraft touchdown
4. 60 minutes for International Airport pickups from the time of aircraft touchdown

The Contractor acknowledges this promise to customers, and agrees to comply with these courtesy waiting times in respect of each booking. The Contractor must take these courtesy (free) waiting times into account when accepting other bookings and planning any independent work following a Drivision Australia booking.

For airport pickups, waiting time commences upon landing of the customer's aircraft. The Contractor agrees to monitor flight arrival times for all airport pickups.

Acceptance of Bookings

The Contractor agrees to accept bookings from Drivision Australia by way of the RideMinder Driver App. This application can be downloaded from the App Store or Google Play after the Contractor has successfully registered, completed the onboarding process and been approved and activated for service delivery.

Booking Edits

When a customer makes a change to a booking which has been accepted by the Contractor, the Contractor will be notified in the RideMinder Driver App with a notification indicating "Action Required" for that booking. The Contractor is given the opportunity to review the changes and to accept or decline the new booking details. If the Contractor declines the revised booking it will be recalled to other drivers in the Drivision Australia network.

Fulfilment of Accepted Bookings

Once the Contractor has accepted a Drivision Australia booking within the RideMinder Driver App, he/she agrees to honour that booking under all circumstances, other than where prevented from doing so by reason of illness, accident or unavoidable traffic conditions. The Contractor agrees that he/she will not return a booking simply because he/she wishes to accept an alternative booking from a private client.

Never Off-load Drivision Australia Bookings

The Contractor must never under any circumstance offload a Drivision Australia booking to another driver. If the Contractor has accepted a booking the Contractor is obliged to complete that booking personally. If for any reason the Contractor cannot fulfil an accepted booking, the Contractor must contact Drivision Australia as soon as he/she is aware of this and return that booking for reassignment.

Never Accept a Booking or Edit From Customers

The Contractor is strictly prohibited from accepting any request for bookings or changes to existing bookings from a Drivision Australia customer or representative of that customer. The Contractor must advise the customer that he/she is not authorised to action any booking requests and ask that the customer contact Drivision Australia directly on 1300 374 847.

Doing Jobs

Monitor Flight Arrival Times

The Contractor warrants to Drivision Australia that he/she will monitor flight arrival times for all airport pickup bookings and understands that for airport pickups waiting time commences upon landing of the customer's aircraft. It is strongly recommended that the Contractor use independent flight tracking applications to check on all flights the night before or at least 12 hours in advance. Any bookings where the flight number does not match the flight arrival time should be referred to Drivision Australia well in advance of pickup time for investigation.

Confirm On Way

The Contractor agrees to confirm all accepted Drivision Australia bookings through the RideMinder Driver App. For all bookings accepted by the Contractor, he/she will receive an in-app notification to confirm the booking 90 minutes prior to pickup time. The Contractor will have 45 minutes to confirm.

Confirming a booking indicates that the Contractor is aware of the booking, is on schedule to arrive at the pickup point at least 10 minutes prior to pickup time, and meets all the criteria outlined on the confirmation notification.

Arrive 10 Minutes Early

The Contractor must always use his/her best endeavours to arrive at a pickup point at least 10 minutes prior to the scheduled pickup time.

Customer Contact

For privacy and security reasons all customer contact must be made using the Customer Contact option in the RideMinder Driver App. The Customer Contact option will only become live 90 minutes before a booking commences and provided the driver has confirmed the booking. Do not call the customer unless absolutely necessary — text message on arrival is preferred.

Text Message the Customer

On arrival at the pickup point the Contractor must send the customer a text message using the Contact Customer option within the RideMinder Driver App. The text message must include:

1. Contractor's name
2. Contractor's vehicle plate number
3. Confirmation that the Contractor is at the pickup point or nearest legal stopping point

Missing Text Message Penalty

The price quoted for each booking includes a $10 incentive to ensure that the Contractor complies with the requirement to send a text message to the customer as set out above. If the Contractor fails to comply strictly with this requirement, you waive the right to such incentive and expressly authorise Drivision Australia to reduce the payment for the relevant booking by $10 without further notice to you.

Running Late

If the Contractor is for any reason running late due to unforeseen circumstances, it is the Contractor's responsibility to make immediate contact with Drivision Australia to advise of the anticipated delay, and in all cases should make such contact at least 30 minutes before the scheduled pickup time. Failure to contact Drivision Australia in such situations may, at Drivision Australia's discretion, result in payment being wholly or partly withheld and/or the Contractor reimbursing Drivision Australia for its reasonable costs of compensating the customer.

Designated Airport Meeting Points

The Contractor agrees to be aware of the designated airport meeting points and wait at these points for all Drivision Australia customer airport pickups. The designated meeting points are outlined on the Drivision Australia website at www.drivision.com.au.

Digital Signs for Airport Pickups

The Contractor agrees to use a handheld device (such as a tablet or large screen mobile phone) displaying the customer's name for all domestic and international airport pickups. Handwritten whiteboards are not acceptable as they appear unprofessional and are often difficult for customers to read. If the Contractor does not use a digital sign at an airport pickup point and this results in the Contractor not being able to locate the customer, this may result in partial or complete loss of payment.

Customer Not at Pickup Point

If a customer is not at the pre-determined pickup point and has not contacted the Contractor by the end of the courtesy waiting period:

1. The Contractor must first attempt to call the customer using the Contact Customer option on the RideMinder Driver App
2. If the Contractor cannot contact the customer, he/she must then contact Drivision Australia
3. If Drivision Australia cannot make contact with the customer, the Contractor will be instructed to close the job as a No Show and will be released and paid the full agreed amount for the booking

Baby Seats

If on pickup a baby/child requiring an appropriate baby/child seat is amongst the customer's group and no such seat has been booked, the Contractor must refuse the job and contact the Drivision Australia operations manager immediately. In such instances, Drivision Australia will release the Contractor and the Contractor will be paid $50 plus any applicable waiting time allowance in accordance with this agreement.

Slight Change of Destination

If upon entering a vehicle a customer directs the Contractor to take the customer to a destination other than that specified in the relevant booking, the Contractor may agree to take the customer to such destination(s) if suitable. The Contractor must close the job with extras and indicate a figure under Other Extras for review and approval by Drivision Australia. If the Contractor fails to notify Drivision Australia by this method, extra payment for a further destination will not be made. There will be strictly no variances to this term under any circumstances.

Chargeable Waiting Time

Authorised Waiting Time: The Contractor will be eligible for paid waiting time (over and above the courtesy waiting time) only where customers have authorised and agreed to pay for chargeable waiting time.

Unauthorised Waiting Time: If no specific waiting time has been indicated by the customer, the Contractor is bound by this agreement to wait up to a maximum of 30 minutes beyond the courtesy waiting time and will be paid the waiting time fee for a maximum of 30 minutes waiting time. If a customer then authorises waiting time beyond this 30-minute period then Drivision Australia will discuss further waiting time with the Contractor on a case-by-case basis.

Waiting Time Fees (retail rates charged to customer — payment to Contractor is net of commission):

• Sedans: $1.50 per minute
• Special Vehicles: $2.50 per minute

Reporting Incidents

The Contractor warrants that he/she agrees to immediately report to Drivision Australia any problems, customer or passenger complaints, incidents or accidents that occur during the trip, including any form of inappropriate behaviour by a customer. Any incident which is other than the perfect, uneventful transfer of a customer from one point to another constitutes an incident that requires reporting as immediately as possible.

If already in transit, the Contractor must use his/her best endeavours to deal with the situation calmly and professionally, and ensure the safe delivery of both him/herself and the customer to the destination point or, if not practicable, the nearest safe spot. The Contractor must then call Drivision Australia immediately to report the occurrence.

Inappropriate Conduct

Both subcontractor drivers and customers of Drivision Australia have a right to work and be transported in a safe, secure and non-threatening environment. Drivision Australia has a zero tolerance policy towards inappropriate conduct by any party involved in a point-to-point transfer.

In return Drivision Australia warrants that we support the right of the Contractor to perform the services outlined in this agreement in a safe environment that is free from hostility, abusive or inappropriate conduct by any Drivision Australia customer. The Contractor warrants that he/she will immediately report any incident of inappropriate conduct to Drivision Australia.

Lost Property

If the Contractor locates lost property left in the vehicle by a customer, he/she must inform Drivision Australia immediately. Drivision Australia will contact the relevant customer to arrange delivery to an agreed location or other arrangements for the return of the property. If unavoidable, applicable trip charges will be agreed on between the customer and Drivision Australia for any such deliveries and paid to the Contractor.

Closing Jobs

Auto Close Timeframes

All Drivision Australia bookings are automatically closed without extras 12 hours after commencement time. For all jobs auto-closed by the system, Drivision Australia will pay the Contractor in respect of each trip completed the relevant advertised price (inclusive of GST) displayed at the time the job was accepted through the RideMinder Driver App.

Manual Close — Adding Extras

There are a number of extras that may be incurred which need to be added by the Contractor after a booking by using the "Close Job with Extras" option in the RideMinder Driver App. These extras include (but are not limited to) waiting time, tolls, airport parking fees, international airport charges, unscheduled stops, soiling and damages.

The Contractor has 12 hours from the commencement time of a booking to close it off with extras. The driver will also receive a reminder 2 hours prior to auto-closure.

Getting Paid

Payment Process

Subject to the provisions of this agreement, Drivision Australia will:

1. Pay the Contractor the relevant advertised price (inclusive of GST) plus any authorised additional charges in respect of each trip completed
2. Make payment by electronic funds transfer (EFT) to the bank account nominated by the Contractor as captured in the Drivision Australia online driver profile. Payments will be processed on a weekly basis for all work completed prior to 4pm on the Monday before payday
3. Payment can be expected within 2–5 working days from the date of the payment run. Drivision Australia will not investigate the status of payments prior to 5 working days from the date of the payment run
4. A remittance advice will be emailed to the driver showing the full amount deposited into his/her bank account and the individual jobs covered in that payment. This remittance advice serves as an ATO-compliant supplier-generated tax invoice — Drivision Australia does not require drivers to provide tax invoices for services delivered

Incorrect Bank Details

Any EFT payment that is rejected due to the Contractor not having given Drivision Australia the correct bank account details, or having forgotten to update details in the event of a change, will incur a penalty to the Contractor. The Contractor agrees to pay to Drivision Australia a $50 administrative fee for the service of investigating and organising manual payment. The Contractor specifically authorises Drivision Australia to deduct such amount from any monies owed.

Gratuities

If a customer wishes to give the Contractor a gratuity then this is entirely a matter between the customer and Contractor. Drivision Australia is unable under any circumstance to facilitate or process any gratuity payment by way of its credit card facilities or otherwise.

Queries and Disputes

Payment Investigations

Any EFT payment query that the Contractor raises for investigation which proves to be redundant due to an error on the part of the Contractor, including but not limited to not reading the payment confirmation remittance advice or advising incorrect banking details, will result in a $50 administrative fee. The Contractor specifically authorises Drivision Australia to deduct such amount from any monies owed.

Resolution of Disputes

The Contractor and Drivision Australia agree to discuss in good faith any disputes or other differences arising between them in relation to this agreement. The Contractor agrees to notify Drivision Australia of any such dispute in writing immediately upon becoming aware of it. The Contractor must use his/her best endeavours to resolve the matter within 7 days of the date of communicating the dispute.

If it cannot be resolved, any such dispute will be escalated to the appropriate management within Drivision Australia, and failing prompt resolution then to the Director. If despite having negotiated in good faith the parties are unable to resolve a dispute within 21 days of escalation to the Director, then the matter will be considered closed and either party will be free to take such further action as he/she/it sees fit.

Notices

All notices required or permitted under this agreement shall be in writing and may be served by email or by pre-paid certified post and shall be deemed to have been served immediately via email and seven (7) days after the date of posting in an envelope addressed to the party at the address set forth in this agreement or such other address as advised in writing by the said party.

Collateral Agreements

This agreement embodies all of the terms of the agreement between the parties except those contained in the Terms & Conditions of Drivision Australia, which the Contractor acknowledges having read and understood and agrees to be bound by (except to the extent of any inconsistency with this agreement). Each party acknowledges that no representation has been relied upon in entering into this agreement which has not been expressed in it.

Law Applicable

This agreement shall be governed by the law of the Australian Capital Territory and the Commonwealth of Australia, and the parties hereby consent to the jurisdiction of the courts of the Australian Capital Territory.

Execution

This agreement is electronically executed by the Contractor during the online registration process. The Contractor's acceptance of this agreement is indicated by actively selecting the agreement acceptance option. The details of this acceptance are held on file electronically by Drivision Australia and capture the exact date and time the Contractor completed the registration form and selected the agreement acceptance option.

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