SYD CABS OPERATOR AGREEMENT-NSW

THIS AGREEMENT is made on the date specified in Item 6 of the Schedule BETWEEN:

W EATS PTY LTD ABN: 68 649 215 967 Operating as SYD CABS 2/30 Lee St Warrawong
SYD OFFICE: 43-45 Claremont Greenacre NSW 2190
AND: The person specified in Item 1 of the Schedule ("the Operator")
RECITALS:

A. SYD CABS has established expertise in administering taxi services and is an authorised booking entity in the State of New South Wales for the provision of booking services within the taxi service area specified in Item 2 of the Schedule (“the Area”).

B: The Operator wishes to be an affiliated person with SYD CABS and provide the taxi services as part of the Fleet and SYD CABS has requested that the Operator enter into this performance agreement.

Operative:

1- SYD CABS’Obligations: SYD CABS agrees to provide a booking service and administrative and other services to the Operator from the date specified in Item 7 in the Schedule (“the Commencement Date”)
subject to the terms and conditions set out in this Agreement.

2- Affiliated Person: SYD CABS agrees that the Operator is an affiliated person with SYD CABS from the Commencement Date until termination of this Agreement.

Note: This agreement will commence from the date the operator has been to the SYD Cabs office to verify their identity and documentation in person. Without this, the vehicle and operator are not onboarded with SYD Cabs.

3- The Fleet: The Operator acknowledges and agrees that:

a) They understand their responsibilities under the Point-to-Point Transport (Taxis and Hire Vehicles)
Act 2016, with particular reference to Part 2 – Safety of Services and Part 4, Division 3 – conditions of taxi licences.

b) SYD CABS is required to maintain records of Affiliated Vehicles, to have procedures in place to ensure that vehicle standards under the Transport Legislation are complied with, and to meet certain obligations relating to the use of wheelchair accessible vehicles and substitute vehicles.

c) SYD CABS have various rules, procedures and polices relating to standards, obligations and expectations of Affiliated Vehicles and the operation of Affiliated Vehicles within the Fleet and the Operator will make all reasonable efforts to meet these standards.

d) During the term of this Agreement SYD CABS consents to the use by the Operator of the Intellectual Property. Upon termination of this Agreement the Operator must discontinue the use of the Intellectual Property and must not attempt to pass off any vehicle as part of the Fleet.

4- Operator’s Obligations: The Operator agrees that during the term of this Agreement: a) The Operator must comply with the Point-to-Point Transport (Taxis and Hire Vehicles) Act 2016 and ensure that drivers used in the provision of the taxi services comply with the Point-to-Point Transport (Taxis and Hire Vehicles) Act 2016
b) The Operator must comply with the Rules of Operation and ensure that drivers used in the provision of the taxi services comply with the Rules of Operation

c) The Operator must ensure that drivers used in the provision of the taxi services are affiliated persons with SYD CABS.

d) The Operator must ensure that vehicles used in the provision of the taxi services are Affiliated Vehicles.

5- Insurances: The Operator acknowledges that SY CABS has made certain recommendations as set out in the Handbook concerning insurance against the various risks associated with the taxi services provided by the Operator. The Operator must:

a) ensure that appropriate general and products liability insurance policies are maintained in relation to the taxi services provided by the Operator;

b) ensure that the interest of SYD CABS is noted on the policies; and

c) supply satisfactory evidence of the existence of the policies to SYD CABS.

Unless SYD CABS is satisfied that the Operator has complied with the requirements of this clause, then SYD CABS may include each Affiliated Vehicle used by the Operator in the provision of the taxi services under a master policy for general and products liability insurance and require the Operator to pay the charge as determined under clause 6.
The Operator will be responsible for decisions relating to vehicle insurance and will take steps to ensure that third parties are covered by said policies. If requested, proof of such insurance may be requested and supplied to SYD CABS. Service Fees and other charges: The Operator must pay to SYD Cabs the

6- Service Fees and other charges as determined by SYD CABS from time to time. The Service Fees and other charges applicable to each Affiliated Vehicle at the Commencement Date are specified in Item 4 of the schedule. SYD CABS may in its absolute discretion upon reasonable notice to the Operator vary the amount and the nature the Service Fees and other charges and specify the method of the periodic payment of the Service Fees and other charges.

7- GST: In relation to all payments to be made by the Operator under this Agreement, the Operator must
pay to SYD CABS an amount directly or indirectly attributable to GST payable for the supply by SYD CABS where “GST” and “supply” have the meaning given by A New Tax System (Goods And Services Tax) Act 1999.

8- Accounting: The Operator authorises and directs SYD CABS to open and conduct an account and to make any credits and debits from that account as authorised under this Agreement. The Operator authorises SYD CABS: a) to debit the account with all moneys owed to SYD CABS by the Operator on any account.

whatsoever;
b) to credit the account with the face value of any approved transactions including EFTPOS and electronic transactions, dockets, or vouchers; and
c) to pay the Operator the credit balance of the account at least once in every month during the term of this Agreement.
SYD CABS will from time to time issue a Statement/Tax Invoice to the Operator and the Operator must pay the debit balance (if any) of the account on or before the due date.

9- Further Acknowledgments by the Operator: The Operator acknowledges and agrees that:
a) SYD CABS is required to fulfill certain obligations under the terms of the service contract with the State of New South Wales in accordance with the objectives of the Point-to-Point Transport (Taxis and Hire Vehicles) Act 2016
b) The Operator must co-operate with SYD CABS and comply with any reasonable requests made by SYD CABS in relation to the taxi services provided by the Operator.
c) SYD CABS may in its absolute discretion amend, add to, or repeal the Rules of Operation from time to time.
d) This Agreement is personal to the Operator and the benefit of this Agreement is not able to be transferred by the Operator without the consent of SYD CABS.
e) SYD CABS may (without limiting its entitlement to terminate this Agreement) suspend the taxi booking service for a period not exceeding seven days where the Operator or a driver used in
provision of the taxi service is in breach of any of the terms of this Agreement or the Rules of Operation.
f) SYD CABS shall bear no responsibility in relation to any failure to provide the taxi booking service to the Operator due to strikes, breakdowns, government, or other intervention or for any other reason whatsoever.

10- Indemnity: The Operator agrees to indemnify and keep indemnified SY CABS from and against all actions, claims, demands, notices, losses, damages, costs, and expenses to which SYD CABS may become liable as a result of any act, default or omission by the Operator or the drivers, servants or agents used by the Operator in the provision of the taxi services.
11- Termination of this Agreement: SYD CABS may terminate this Agreement by written notice to the Operator and such termination will take effect one month from the date of receipt of such notice.
12- Termination for Breach: If the Operator is in breach of any of the terms and conditions of this Agreement, then SYD CABS may terminate this Agreement by written notice to the Operator
and such termination shall be effective from the receipt of such notice. Such termination shall not limit SYD CABS’ entitlement to recover any moneys payable under this Agreement and the Operator must compensate SYD CABS for any loss or damage suffered in respect of the entire term.
13- Return of Equipment: The Operator understands and agrees that equipments if any provided by SYD CABS
(W EATS) Pty Ltd remains the property of SYD CABS and grants permission for this equipment to be accessed and removed at the Operators cost by any means necessary at any time.
14- Stamp Duty: The Operator must pay any stamp duty assessed by the Office of State Revenue in relation to this Agreement.
15- Eftpos Settlement: Cabcharge Eftpos settlements will be made at least twice weekly to the nominated bank account.
16- Changes to Operator Agreements: From time-to-time Operator Agreement Terms and Conditions may be amended or varied by SYD CABS at any time for Operational and or Administrative purposes. By signing this agreement, the Operator agrees that they will be bound by the most recent copy of the SYD CABS Operator Agreement.
17- Expiry of this Contract: Should this agreement expire, and a new contract not executed, the terms and conditions of the most current SYD CABS Operator Agreement will be deemed to be the
arrangement in place. Fees will continue to be charged and  the Operator will be free to exit affiliation with SYD CABS by submitting 3 months’ written notice. Fees will be applicable for the notice period.
18- Clearance Certificate: Fees will continue to be charged to the Operator’s account until account fully closed.

If Cabcharge EFTPOS equipment (including antennas and cables)
has been installed, it will be removed unless a Cabcharge ‘Transfer of Terminal Request’ form has been completed and executed by authorised officers of both parties and Cabcharge.

19- Cooling Off Period: By executing this contract, the Operator understands that this contract is for a minimum of 3 months and there is no cooling down period or exit available inside that time without
satisfying the monetary obligations in full.
20- Definitions: In this Agreement, unless the context otherwise requires:

a) “Rules of Operation” means the SYD CABS – Rules of Operation (Affiliated Persons) and the SYD CABS – Policies and Procedures (Affiliated Persons) made thereunder.

b) The terms “Point to Point Transport (Taxis and Hire Vehicles) Act 2016”, “Transport (Compliance and Miscellaneous) Act 1983.”, “affiliated person”, “Affiliated Vehicle”, “Communications System”, “the Fleet”, “Handbook” and “Intellectual Property” shall have the same meaning as set out in the Rules of Operation.

c) Any terms defined in the New South Wales Transport Legislations/Acts shall have the same meaning in this Agreement.

d) “ Equipment" means the in-vehicle equipment owned and supplied by SYD CABS, namely, the Apple/Andriod Tablet if provided, Wi-Fi Modules, mounting brackets, duruss and Tracking

e) “SYD CABS Safety Camera” means the Taxi Camera rented from but owned and supplied, else paid fully by SYD CABS until the Operator has compensated.

 f) Any terms defined as “SYD CABS ” has the same meaning as SYD CABS (W EATS) Pty Ltd

The Operator is required to comply with the Passenger Service Levy as stipulated by the Point to Point Transport (Taxis and Hire Vehicles) Act 2016. All taxi service providers and booking service providers must register as a taxpayer via the Industry Portal on the Point to Point Transport Commissioner’s website and submit levy returns. This levy is a mandatory condition of authorisation. For more detailed information, please visit Point to Point Transport Commissioner’s website. http://Point to Point Transport Commissioner’s website.

SCHEDULE: 

1- Taxi Service Area: Within the State of New South Wales & other Areas as nominated by the NSW Government.

2-Service type fee: Network fee including levy, must pay in advance.

3- Service fee and other charges: (as at Commencement Date and Subject to change under clause 6):

Service fee as per invoice including GST and State Revenue office levy (payable in advance monthly).

Date of Agreement: This agreement will commence from the date the operator has been to the SYD Cabs office to verify their identity and documentation in person. Without this, the vehicle and operator are not onboarded with SYD Cabs.

Commencement Date: As per Joing date of Individual Taxi. 

Expiry Date: 2 months from Commecnement Date upon final cancellation email.  

 Ensure that driver fatigue is managed effectively and keep all the taxi  record up to date. There are various actions that an Operator can take to make sure that drivers understand their legal obligations. These actions include:

• For operators with multiple vehicles, they can conduct toolbox talks and team meetings to address safety topics relevant to the taxi industry and operations, focusing on identifying issues and implementing strategies to reduce risk.
• They can organize road rule knowledge tests and quizzes in a non-threatening manner to educate staff on road rules and updates, possibly emphasizing a specific road rule each week.
• Operators should monitor drivers' rosters and sign-in times to ensure that they are taking regular breaks and having scheduled days off.
• Safety alerts can be used to communicate knowledge improvements or serve as reminders in response to recent incidents within the taxi fleet, for example, providing reminders about safety processes while reversing following a reported incident.
• Operators could arrange for driver assessments to be conducted by a qualified driving training provider to assess drivers' in-vehicle driving skills and provide educational programs.
• They could schedule driving safety workshops and seminars to implement behaviour and attitude change programs.
• Fact tip sheets can be created to address issues and solutions, and these can be displayed on notice boards or kept in the cabs. Operators should also consider implementing a pre-shift Fatigue Template for drivers to complete and submit at the start of each shift. have the responsibility to closely monitor driver safety and ensure that driver fatigue is managed effectively. There are various actions that an Operator can take to make sure that drivers understand their legal obligations.
• For operators with multiple vehicles, they can conduct toolbox talks and team meetings to address safety topics relevant to the taxi industry and operations, focusing on identifying issues and implementing strategies to reduce risk.
• They can organize road rule knowledge tests and quizzes in a non-threatening manner to educate staff on road rules and updates, possibly emphasizing a specific road rule each week.
• Operators should monitor drivers' rosters and sign-in times to ensure that they are taking regular breaks and having scheduled days off.
• Safety alerts can be used to communicate knowledge improvements or serve as reminders in response to recent incidents within the taxi fleet, for example, providing reminders about safety processes while reversing following a reported incident.
• Operators could arrange for driver assessments to be conducted by a qualified driving training provider to assess drivers' in-vehicle driving skills and provide educational programs.
• They could schedule driving safety workshops and seminars to implement behavior and attitude change programs.
• Fact tip sheets can be created to address issues and solutions, and these can be displayed on notice boards or kept in the cabs. Operators should also consider implementing a pre-shift Fatigue Template for drivers to complete and submit at the start of shift.

It is operators responsibilty to check the validity of  driver's id before giving him a taxi .If the taxi is not fitted with our camera system its operator's responsibility to provide us required  footage and keep all the records with him. Operator is also responsible for providing accurate documentation, not tampered or expired.

Fail to comply with any condition will result in permanent suspension of your taxi or whole fleet.

I have read and agree to the Terms and Conditions.