1. All cheques should be crossed and made payable to “MY DRIVER GROUP SDN BHD” MAYBANK BERHAD-5128-4854-5954.
2. Once confirmation of your booking is done, we require 24 hours prior notice for any cancellation of service.
3. Should your cancellation notice be less than 24 hours, a penalty of 6 hours of booking will be imposed.
4. Please furnish us a copy of your Standard Operating Procedure at the absolute discretion of the management of MY DRIVER GROUP S/B.
5. Upon acceptance by the client of this MyDriver Service, the client hereby authorized the Driver to drive the client’s Vehicle to the destination designated by the client.
6. The client shall ensure that his /her Vehicle is in a good, safe condition and the client has no knowledge of any condition to the contrary. The Driver will not be responsible for any damage if the Vehicle breaks down during the driving period. Any damages due to reckless and careless driving by the driver, excess cost of repair to be borne by MyDriver which does not cover by Insurance.
7. The Client shall assist the Driver with Client’s Vehicle operation procedure in the event the Client’s Vehicle is different from the normal standard Vehicle.
8. The Client hereby certifies that it’s Vehicle has been properly insured with the valid and minimum third party insurance / all driver against the damage, collision and comprehensive coverage, that there are no Driver restriction and that such policies are in full force and effect.
9. The Client hereby certifies that its Vehicle has a valid Road Tax from the Malaysia Ministry of Transport.
10. The Client hereby certifies that the Client or its Employer is the legal owner of the Vehicle or the Client is the authorized person to use the Vehicle.
11. The Client acknowledges that it is only receiving referral Service from the Company and that each Driver to whom you are referred to is an independent contractor and not an employee of the Company. Notwithstanding, MyDriver shall be responsible for and shall indemnify, defend and hold harmless the Client against any losses due to gross negligence or willful act of the Driver non claimable with insurance coverage or beyond the insurance
12. During the Driver working Service time the Client shall not interfere with the Driver save driving skill or asking the Driver to commit any traffic offenses. The Driver has the rights to refuse any illegal request from the client and the Driver shall drive the vehicle according to the laws, rules and the regulation set by the Malaysian authorities.
13. Both the Client and the Driver shall maintain good and professional behavior towards one another.
14.If any accident happen driver will have to make a Police report and assist in police investigation report.
15. It is the client’s and the Driver’s duty to keep all his/her or all the passenger belonging in the proper place to avoid any misunderstanding or accusation of accusation of missing goods. The Client, the Company and the Driver shall not in whatsoever manner responsible for any loss or damage of goods and personal 16. The Client has the right to request for replacement of the Driver upon notice to MyDriver due to non-satisfactory performance of the Driver or in the event the . Driver in the event the Driver breaches his obligations under this agreement. In the event of any delay in providing the service, MyDriver shall be responsible to find Driver replacement to be assigned immediately (within 4 hours) should the designated driver is resigned or unavailable for service. MyDriver to reimburse the Client the duration whereby the driver is not available for service. Long term replacement with prior consent of Client. 17 In the event, if the Driver committed any traffic offenses during the service then the Company will be responsible to pay any fine or compound imposed by the authorities except for any offenses which involve personal injuries or death to the third party or the Client in such cases the Driver shall be fully responsible for this crime or as will be investigated by the authorities.
18. MyDriver to ensure all designated drivers are free from past criminal records. MyDriver to ensure that the Driver is competent to the service and has the necessary skills, qualifications and expertise. MyDriver is also responsible for the Driver valid license and/or work permit. The Client hereby acknowledges that any Driver referred by the Company is not authorized to enter into or commit the company to any agreement beyond what is authorized by this agreement. Furthermore, the Driver is contractually bound not to represent himself/herself as the agent or legal representative of the Company and shall not be considered at any circumstances.
19. In the event during the Driver Service, the Client’s vehicle is being stolen or hijacked then the Client shall report the matter to the Police or the authorities and the Company. The Driver shall provide assistance and immediate response to the investigation by the authorities.
20. The Client hereby declares that the clients’ vehicle and the client himself do not possess any illegal material or any illegal drugs. The Driver has the rights to refuse the clients service prior or during the Service in the event if the Driver discovered that the Client is in possession of the illegal drugs.
21. The Client shall bear all the toll fees, parking fee, petrol/diesel/gas and other expenses during the service.
22. The Company and the Driver are not responsible for any economic loss to the Client in the event if the journey driven by the Driver was taken longer than the Client’s expectation, beyond the Driver’s control and the Driver has the rights to drive the Vehicle with the legal limit speed and with the safest condition as possible.
23. The Company hereby declare that the Vehicle plus all the belongings in the Vehicle and the client’s personal belonging shall solely belong to the clients. The Company and the Driver are hereby disclaiming all the responsibility for any illegal belongings of the Client or the Client’s Vehicle if it has been a Stolen Vehicle.
24. The Client has carefully read the term of this agreement including its release of claims and hold harmless provisions. The Client certifies the representations made by is true. The Client also certifies that the client understands the agreement and has no question about the meaning of the agreement or any of its provisions.
25. Client and MyDriver to provide one (1) month notice should the service is to be terminated by any parties. The Client is entitled to terminate this agreement with immediate effect without notice and/or compensation if:
a) The Driver fails, neglects or otherwise refuse to comply with his duties and obligations under this agreement and the failure if capable of being remedied, remains not remedied for seven (7) days after being notified by the Client
b) The Driver commit any serious offences, declare bankrupt, or dies;
c) The Driver is unable or prevented from providing the service for any period exceeding five (5) consecutive days; or
d) Due to the Driver’s non-performance including but not limited to, failure to be punctual, misbehavior, failure to be contacted by the Client.
26. In these terms and conditions the following terms shall have the following meaning: “the company or MyDriver” shall mean MY DRIVER GROUP SDN BHD “the service” shall mean the driving Services provided by the Company through the contracted driver for the client from a designated destination to another destination, including but not limited to, to drive the Client and/or any person as instructed by the Client.
27. The Client are not allowed to offer directly to MyDriver staff to work full time or directly, during the period of this agreement
* The Driver shall ensure that the Vehicle is kept clean, in good working condition and ready to use during his control of the Vehicle.”
* The Driver shall maintain an acceptable and neat appearance and shall dress in proper uniform upon providing the service.”
* The Driver acknowledge that punctuality is very critical to the service, the Driver shall ensure that the designated working hours are observed at all times. In the event of a likelihood to encounter delays in providing the Services, the Driver shall notify the Client immediately.”
* The Driver shall maintain a timesheet documenting the performance and completion of each work day and shall, at the end of each calendar week, submit the same for certification and verification by the Client.
* The Driver may have access to and become acquainted with various trade secrets, transactions or information, confidential or otherwise, in relation to the Client or its business, the Driver shall not disclose such trade secrets, transactions or information, or use any of them in any way, either during this contract duration or at any time thereafter.”
* This agreement shall be governed by the laws of Malaysia and parties hereto shall be subjected to the exclusive jurisdiction of the Courts of Malaysia.
* This agreement shall not be amended or supplemented except agreed in writing and signed by both parties