Addendum
This Driver Payment Addendum (the “Addendum”) is entered into the date you accept it (the “Effective Date”) by and between CUEPER Enterprise, LLC (the “Company”) and you (the “Driver”).
RECITALS
A. The Driver is engaged by the Company as an independent contractor to provide towing services to customers.
B. The Company desires to establish a payment arrangement with the Driver for such towing services or other assistance.
C. The parties desire to memorialize the terms of the payment arrangement in this Addendum.
AGREEMENT
In consideration of the premises and mutual covenants contained herein, the parties agree as follows:
1. Payment for Services: As per the terms of the Service Agreement and this Addendum, the Company will withhold 25% of the total amount for each service completed by the Driver. This amount will be retained by the Company in accordance with the agreed-upon terms.
2. Location Services: To ensure smooth service requests and prevent any potential issues or incorrect charges, You are required to enable the precise location service on your mobile device. This will allow us to accurately detect your location and provide you with seamless and accurate services fees when customer make bookings.
3. Payment Schedule: The Company shall pay the Driver on a weekly basis for all services completed during the previous week.
4. Early Payment: If the driver chooses to withdraw their earnings before the scheduled weekly payout, a fee of $0.65 will be applied for each early withdrawal. Please note that
there is a limit of one transaction per day for early withdrawals.
5. Payment Method: The Company shall make payments to the Driver via direct deposit payment or paychecks to the method that the Driver provided before.
6. Payment Disputes: If the Driver has any disputes regarding payment(s), the following process will be followed:
a) The Driver must submit a written notice to the Company regarding the dispute within 7 days of the payment(s) in question.
b) The Company will investigate the dispute and provide a written response to the Driver within the days of receipt of the notice.
c) If the dispute is resolved in favor of the Driver, the Company will make the necessary adjustments to the Driver’s payment for the disputed amount(s).
d) If the dispute cannot be resolved, the parties agree to engage in mediation to resolve
the dispute.
7. Independent Contractor Status: The Driver acknowledges and agrees that is an independent contractor of the Company, and is not an employee, agent, or partner of the
Company, and that the Company will not withhold or pay any taxes, insurance, or other benefits on his/her behalf.
8. Taxes: The Driver shall be solely responsible for payment(s) of all taxes, including without limitation federal, state, and local income taxes, self-employment taxes, and any other taxes or assessments imposed on the Driver’s earnings under this Addendum, and shall indemnify and hold the Company harmless from any and all claims, damages, or losses arising out of any failure to pay such taxes or other amount(s).
9. Governing Law: This Addendum shall be governed by and construed in accordance with the laws of the state of New Jersey, without giving effect to any choice or conflict of law provision or rule.
10. Counterparts: This Addendum may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11. Termination: This Addendum shall be subject to immediate termination by the company, without prior notice to the other party, in the event of any breach or violation of the terms outlined herein.
12. Entire Agreement: This Addendum together with the Service Agreement, constitutes the entire agreement between the parties with respect to the payment of the Driver’s and supersedes all prior negotiations, understandings, and agreements between the parties, whether written or oral. This Addendum may be amended or modified at any time and only by the Company.
