General terms and conditions
Valid from 08/01/2018
Conditions for joining – SPRINTR subcontractor
- Minimum age is 18 years and lawful residence in Belgium
- In the possession of the necessary licences and permissions at the time of the provision of service in order to transport the goods, including but not limited to:
- a valid driving licence and a car that is correctly registered, insured and tested, if you are to make the deliveries by car;
- the required transport licence if applicable (load capacity of your vehicle >499kg = transport licence).
- No disqualification from driving
- In the event of a company car, having permission to use this car for these purposes
- The subcontractor will comply with all his legal obligations. He will be obliged in particular to meticulously comply with all provisions under commercial law, social security law, tax law, record keeping and administrative provisions which :
- apply either to self-employed persons, if the subcontractor operates a one-man business;
- or to trading companies, if the subcontractor is active in a company form.
He will also guarantee that his personnel will comply with all regulations and general requirements for the activity envisaged by these General Terms and Conditions.
These conditions for joining form an integral part of the General Terms and Conditions for subcontractors.
The failure to comply with these conditions for joining can result in exclusion.
General terms and conditions
Article 1 Scope of application, acceptance and amendment
These general terms and conditions (hereinafter referred to as the “General Terms and Conditions”) will come into effect on the date set out above and apply to all services, regardless of their nature, delivered by SPRINTR bvba under the name SPRINTR (hereinafter referred to as SPRINTR).
By relying on SPRINTR’s services the client and subcontractor accept these General Terms and Conditions without any proviso.
The “client” or “awarder of the contract” in these General Terms and Conditions refers to every natural person or legal entity who/which directly or indirectly via a software platform rely on SPRINTR to provide a transport assignment for the transport of one item or items (“goods”) from one location to another location. The subcontractor will collect the goods from the consignor or from a collection location (“sender”) and deliver these to a consignee or delivery location (“consignee”) in accordance with the modalities agreed by SPRINTR with the client. The client can be the consignor, the consignee or a third party.
The “subcontractor” in these General Terms and Conditions is every natural person or legal entity who/which accepts the transport assignment offered via the software platform and has accordingly undertaken to transport the goods concerned from the consignor to the consignee.
The general or special terms and conditions of the subcontractor or a party other than SPRINTR will under no circumstances apply and are rejected at all times. This also applies of the terms and conditions of the subcontractor or another party have not been expressly rejected.
SPRINTR’s services consist of making a software platform or a mobile application available (the “Platform”) to enable the client to offer an assignment to SPRINTR and to confirm this and to track this. On its part SPRINTR will try to find a subcontractor via the Platform for the delivery of the goods. SPRINTR acts as a forwarding agent in this respect. The transport contract will be entered into between parties when the acceptance of the terms and conditions has taken place via the Platform.
SPRINTR has the right to suspend, to halt or to amend, the delivery of its services and/or the rates attached thereto, at any time and without prior notification, always provided that such a decision will immediately apply by operation of law and will not have any impact on the terms and conditions for the services that were entrusted earlier to SPRINTR.
These General Terms and Conditions can be adjusted at any time by SPRINTR. The client and the subcontractor will be informed of the adjustment(s) and the date of the coming into effect of the adjustment(s) via the technology deemed suitable by SPRINTR. This can be for example by email or via a pop-up during the use of the Platform.
Article 2 Use of the Platform
A ‘user’ is every natural person or legal entity who/which registers on the Platform, either as a client or as a subcontractor.
To be able to make use of the Platform the user must:
- register and provide the name , mobile phone number, email address, VAT number (optional for clients, mandatory for subcontractors) and bank account number;
- expressly accept these General Terms and Conditions and the privacy statement.
SPRINTR retains all intellectual property rights to all contents and functionalities of the Platform.
SPRINTR can, at any time and without prior notification, refuse access to the SPRINTR platform temporarily or permanently if the subcontractor:
- uses the Platform in a manner that is inconsistent with these General Terms and Conditions, the applicable regulations, or in a manner that affect the integrity of third parties or SPRINTR’s reputation;
- misuses the Platform;
- does not have the minimum evaluation score;
- provides incomplete or inaccurate information when registering on the Platform;
- omits to inform SPRINTR of any change in his/her details provided to SPRINTR at the time of registration.
Article 3 Goods that are prohibited from transport
Under no circumstances can the Platform be used for transporting hazardous goods (as determined in the regulations applicable to the transport of hazardous products, including the European Agreement concerning the International Carriage of Dangerous Goods by Road (‘ADT’), the Convention on the Contract for the International Carriage of Goods by Road (CMR), the IMDG-Code (international maritime dangerous goods code) and other goods which require a permit.
The following items are inter alia prohibited from being transported by means of the Platform (this list is not exhaustive):
- Drugs, intoxicants and psychotropic substances;
- Objects, documents or substances in general, of which the import, export, production, circulation, dissemination, use, possession or sale or transport is prohibited by law;
- Objects that by their shape, nature or packaging can constitute a danger for persons or that can contaminate or damage other consignments, the subcontractor’s equipment or third parties’ goods (including packages);
- Chemical products, explosive, inflammable or radioactive substances, contagious substances, carbon dioxide in solid form (carbon dioxide snow) or other hazardous substances which can constitute a danger;
- Perishable biological substances and/or contagious substances, living animals, parasites or products originating from animals;
- Objects that have statements set out on their exterior surface, which statements are in conflict with public order or accepted moral principles;
- Weapons, essential parts of weapons and ammunition, fake weapons, knives, swords, daggers, etc;
- Pressurised gasses, poisonous or erosive substances, fuel and organic peroxides.
The following items are not prohibited from transport, but are excluded from the insurance via the Platform:
- Food products and products made from tobacco or other products on which excise is levied;
- Every other sharp or cutting object;
- Vegetable materials;
- Bearer securities, coins, banknotes, jewels, art objects and collectible works, or other valuable materials, including animal furs, and more in general all goods with a value of more than 500 EURO.
The client will be responsible for all consequences and all damage that SPRINTR, the subcontractor and third parties suffer due to the non-compliance with these General Terms and Conditions and the applicable regulations, even if he/she has informed SPRINTR and/or the subcontractor of the nature of the goods.
If the subcontractor transport such goods anyway, he/she will do this at his/her personal responsibility and he/she will indemnify SPRINTR and third parties against all damage and consequences caused to the goods as a result of the non-compliance with these General Terms and Conditions and the applicable regulations.
SPRINTR excludes all liability related to the nature of the goods.
The client and the subcontractor expressly acknowledge this exclusion of liability and expressly acknowledge that they are familiar with these and to accept these.
Article 4 Inspection – Refusal and suspension of services
The client and the subcontractor agree that every public service, including customs, can at any time open the packaging of the goods for inspection of the goods.
The subcontractor will be obliged to refuse all goods that are not in conformity with the description stated by the client on the Platform, or that are not in conformity with these General Terms and Conditions, and to give these back to the consignor or the client as and when necessary.
If the subcontractor accepts the receipt of the consignment, he must also verify the good condition thereof. If the consignment is not in a good condition, the subcontractor must add photographs to the application which show the damage of the consignment. In the event of damage, the subcontractor can also refuse to transport the consignment.
The fact that the subcontractor accepts the goods does not entail that the subcontractor acknowledges that the package fulfils all conditions to be permitted for transport.
Article 5 Obligations on the part of SPRINTR
SPRINTR undertakes to make an offer of transport assignments made by clients possible on the Platform and to permit the subcontractor to accept the offer for the purpose of the transport of goods in accordance with these General Terms and Conditions and the applicable legislation.
SPRINTR does not guarantee that:
- A subcontractor will be found;
- A request for the transport of goods will be available for the subcontractor, or that a specific minimum income can be earned;
- the goods offered by the consignor will be in conformity with these General Terms and Conditions and the applicable legislation;
- the consignor will be present at the collection;
- the consignee will be present for the receipt of the goods.
The subcontractor’s services will be provided on the assignment from SPRINTR. SPRINTR cannot guarantee the appearance and the conduct of the consignor and the consignee. The subcontractor must demonstrate the necessary due care, such as for all social media use.
Article 6 Obligations and responsibility on the part of the client
The client must register on the Platform and must correctly and accurately fill in all the requested information, and must also immediately inform SPRINTR of all changes with regard to this information, via the following email address: firstname.lastname@example.org or directly via the Platform (insofar as possible).
The client guarantees that:
- he/she is a natural person of at least 18 years of age, or has been founded in a legally valid manner as a legal entity;
- the goods are in conformity with the description stated via the Platform;
- the goods are in conformity with these General Terms and Conditions;
- he/she will take all reasonable precautions for the avoidance of any potential damage;
- the goods will be offered to the driver at the location and time stated on the Platform;
- the goods will be taken receipt of by the consignee at the location and time stated on the Platform;
- he/she will not use the Platform for passenger transport. This also means that the driver is not permitted to transport the client or the consignor together with the goods;
- the payment will be made as stated on the Platform.
The client will indemnify SPRINTR, the subcontractor and third parties against any liability that could ensue from the fact that the statements made by the client as set out above, do not correspond with the reality, or that the goods are not in conformity with these General Terms and Conditions and/or the applicable legislation, and the client will compensate all damage or costs arisen due to this, including court costs.
The client will be responsible for all damage caused by or via the goods entrusted to the subcontractor, resulting from the nature of the goods or from their packaging, which will apply to damage to the goods concerned as well as damage to other goods, the environment and personal injury.
Article 7 Obligations and responsibility on the part of the subcontractor
The subcontractor must register on the Platform and must correctly and accurately fill in all the requested information, and must also immediately inform SPRINTR of all changes with regard to this information, via the following email address: email@example.com or directly via the Platform (insofar as possible).
The subcontractor guarantees:
- that he fulfils the conditions for joining as set out above in these General Terms and Conditions;
- that he will execute the transport services to the best of his abilities, with the necessary due care and safety and at all times in accordance with the applicable legislation concerning goods transport and the traffic regulations;
- that he will respect the guidelines determined by the Platform with regard to the collection and the delivery, such as for example also taking a photograph of the goods with the aid from the Platform;
- that he will treat the goods with the necessary due care and will store these as and when necessary if it has been agreed that there will be a certain amount of time between the collection and the delivery;
- that he will immediately make contact with the client, or SPRINTR, if the collection and/or delivery cannot take place in a timely manner, and that he will find a solution for this together with the client, or with SPRINTR;
- he will not use the Platform for passenger transport. This also means that the subcontractor is not permitted to transport the client or the consignor together with the goods;
- that he will fulfil his tax and social obligations and will declare his income earned via SPRINTR in accordance with the applicable tax and social legislation.
The subcontractor will indemnify SPRINTR, the client and third parties against any liability that could ensue from the fact that the statements made by the subcontractor as set out above do not correspond with reality, and the subcontractor will compensate all damage or costs arisen due to this, including the court costs.
SPRINTR will be entitled, without prior permission, to forward an overview of the services provided by the subcontractor and the payments received for this to the administrative authorities concerned, including the Administration of Fiscal Affairs.
The subcontractor will execute his activities in his own name and on his own expense completely independently. He will not be under the authority, management or supervision of the client or SPRINTR. He will not have to account for his activities, subject to the sole proviso of the proper execution of the obligations ensuing from this agreement.
The subcontractor is free to execute any other professional activity whatsoever, at his own expense or at the expense of third parties.
Article 8 Rates and payment terms
All rates for the services provided in the context of this agreement are in Euro and as and when necessary including VAT and any other fees, duties and taxed.
The rates as well as the fees, duties and taxes can be adjusted at any time. The only valid rate for a specific assignment is the rate that has been accepted via the Platform.
The handing over of an invoice to the client for the transport assignment is the exclusive responsibility of SPRINTR. The subcontractor cannot submit any invoices for this to a client.
The subcontractor will only invoice SPRINTR. He will receive a performance proposal every first and 15th of each month, which will specify his performance including the amounts to be invoiced.
SPRINTR BVBA, Kattendijkdok OK 5, 2000 Antwerp, BE 0474.612.783
Article 9 Compensation in the event of loss, damage or average
The carrier will only be liable for damage to the transported goods in conformity with the applicant provisions of the CMR Convention.
If by reason of the transport damage is caused to goods, other than the goods to be transported, that are in the care of the consignor, loader, or addressee, the carrier will only be liable for damage that is attributable to his fault or negligence. In any event and with the exception of cases of intent, the extent of his liability for damage to goods, other than the goods to be transported, is limited per loss event to a maximum of 8.33 STR for each gross kg weight of the transported load.
For questions with regard to repayments, contact can be made with the SPRINTR helpdesk via firstname.lastname@example.org or via the telephone number stated on the Platform.
Article 10 Limitation of liability
The liability on the part of SPRINTR is exclusively limited to direct damage and/or loss of that which is stated in these General Terms and Conditions and in the Convention on the Contract for the International Carriage of Goods by Road legislation. All other kinds of loss and damage are excluded (including, but not limited to, lost profits, loss of income, loss of interest, loss of future turnover, or other consequential loss), regardless of whether these losses or damage are special or indirect and even if the risk of that loss or that damage was brought to the knowledge of SPRINTR prior to or after the acceptance of the transport assignment.
SPRINTR cannot be held liable either for the tax obligations and social security obligations on the part of the subcontractor, or the consequences thereof. Information with regard to the tax and social security obligations on the part of subcontractors which is provided on SPRINTR’s website, does not constitute any legal advice. SPRINTR does not guarantee the accuracy and completeness of this information.
Article 11 Electronic processing of data
The subcontractor accepts the use of electronic means of communication. In this context he waives the option in Section 1323 et seq. of the Belgian Civil Code concerning the evidential value, namely the application of the disputing of the signature and the document.
Article 12 Evaluation – Rating
The client will have the option to evaluate the subcontractor. This evaluation can be published on the Platform. The subcontractor acknowledges and accepts that this evaluation can be published and that SPRINTR can deny access by the subcontractor to the Platform, temporarily or permanently, if the evaluation of the subcontractor is unsatisfactory. SPRINTR does not supervise these evaluations and cannot be deemed responsible for the contents of these evaluations.
Complaints concerning evaluations can be addressed to email@example.com
Article 13 Processing of personal data
The personal data of the client, the consignor, the subcontractor and the consignee (or of their members of staff) that they provide to SPRINTR, will be used by SPRINTR for the purpose of the delivery of the services referred to in these General Terms and Conditions and the commercial purposes of the services delivered and/or shared by SPRINTR and the companies affiliated with SPRINTR within the meaning of Section 11 of the Companies Code (Wetboek van Vennootschappen). Unless the client, the consignor, the subcontractor, or the consignee (or their members of staff involved) objects thereto, this data can be shared with these affiliated companies for these purposes.
The email addresses stated by the users in the application can be used by the Platform for the communication of information regarding SPRINTR. The user has the option to deregister at any time from these communications, via the ‘deregister’ option.
The subcontractor agrees that the photographs of the goods that are uploaded on the Platform can be used and processed by SPRINTR for commercial purposes.
All parties agree that the mobile phone numbers of those involved (= the client, the consignor, the subcontractor and the consignee) are made available on the Platform to these persons.
If the client, the consignor, the subcontractor, or the consignee (or their members of staff involved) do not wish to have their personal data used for these purposes and/or shared, they can at any time inform SPRINTR of this in writing. The client, the consignor, the subcontractor, or the consignee also has a right of inspection and a right of correction of their personal data. They can exercise these rights provided that they forward a dated, signed request in writing to SPRINTR bvba, Kattendijkdok Oostkaai 5, 2000 Antwerp
The privacy statement forms an integral part of these General Terms and Conditions. Acceptance of our General Terms and Conditions automatically implies acceptance of our privacy statement.
Article 14 Miscellaneous
Any declaration of invalidity of one or more clauses of this agreement or parts of this agreement or clauses will not entail the declaration of invalidity of the entire agreement, but only the invalidity of the part affected.
Without prejudice to the right of SPRINTR to have the subcontractor fulfil his obligations, the parties are not permitted to transfer the rights and obligations ensuing from this agreement to third parties, without prior permission in writing from the other party. However, SPRINTR is permitted to transfer the agreement to one of its affiliated companies at any time.
Disputes regarding or related to this agreement, concerning which no amicable settlement can be reached, will fall under the exclusive jurisdiction of the courts in Antwerp.
This agreement is exclusively governed by Belgian law.
The parties undertake to keep the confidential technical and commercial information, which comes to their knowledge in the context of the performance of this agreement strictly confidential with regard to third parties. However, this does not apply to information of which dissemination is required pursuant to the law, regulations or judicial decision, or to information that has already been made public by a third party in a lawful manner.