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The Instructor must be an individual registered with the Driving
Standards Agency clearly identifiable by name, address and ADI
Registration Number.
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The Instructor appoints intensive-driving.com on the terms
set out herein as its agent to introduce prospective pupils
to the Instructor.
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The Instructor hereby expressly authorises intensive-driving.com
to provide to the Instructor's Pupils the Instructor's business
address and business telephone number(s) and to publish same
in online Directory.
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An Introduction is defined as when the Instructor requests
and receives the contact details of a prospective pupil via
intensive-driving.com. An Introduction does not oblige the prospective
pupil to undertake any driving tuition with the Instructor or
to make any payment to the Instructor.
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On receipt of an Introduction the Instructor will contact the
prospective pupil and offer an introductory two hour driving
lesson for £25. If the prospective pupil accepts the offer
the introductory lesson must be provided by the Instructor and
no other individual.
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intensive-driving.com will give 21 days notice of any proposed
increase in subscription rates.
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Nothing in the Agreement shall be construed as guaranteeing
the Instructor any minimum or maximum number of pupil introductions
during the subscription period. Neither is the Instructor offered
any exclusivity in any geographical or postcode area.
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All learner and pupil drivers who are introduced to the Instructor
through intensive-driving.com shall be referred to as the Instructor's
Pupils.
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This Agreement may be terminated at any time by either party.
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It is an express condition of intensive-driving.com entering
into this Agreement that on the commencement date the Instructor
shall have properly discharged any and all obligations and restrictions
imposed on the Instructor by any driving school franchise or
other relevant contract
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The Instructor hereby authorises intensive-driving.com to verify
the Instructor's status, including for the avoidance of doubt
the Instructor's current check test grade, with the Driving
Standards Agency ("DSA")
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Throughout the term of this Agreement the Instructor shall
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Make all relevant bookings and other contacts as may be
required between the Instructor and each of the Instructor's
Pupils
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Faithfully carry out his obligations under any contract
entered into between the Instructor and each of the Instructor's
Pupils
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Ensure that all driving lessons given to the Instructor's
Pupils conform to DSA recommendations.
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Conduct all driving instruction given to the Instructor's
Pupils in accordance with the intensive-driving.com Code
of Conduct for driving instructors.
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Use all reasonable endeavours to promote and improve the
reputation of intensive-driving.com and do nothing to cause
any harm or damage to the reputation of the intensive-driving.com.
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Ensure that the Instructor holds all necessary licences
and/or registrations (including all required DSA qualifications
and renewals thereof) as shall properly enable the Instructor
to give professional driving instruction in accordance with
the DSA recommended procedures, and submit to all relevant
DSA driving instructor testing.
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As a self employed independent contractor the Instructor shall
under no circumstances be entitled to receive any compensation
or other payments in the event that intensive-driving.com terminates
this Agreement.
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The Instructor shall ensure that throughout the term of this
Agreement, in all correspondence and other dealings with the
Instructor's Pupils, the Instructor will clearly indicate that
the Instructor is acting as principal and that all driving lessons
booked by the Instructor' Pupils with the Instructor whether
directly or through the Pupil Introduction service supplied
by intensive-driving.com constitute an agreement between the
Instructor and each Pupil involved. The Instructor shall indemnify
intensive-driving.com against any claims made, whether on the
course of legal proceedings or otherwise, by the Instructor's
Pupils against intensive-driving.com in connection with any
breach or non-performance of any agreement between the Instructor
and the Instructor's Pupils.
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In order to protect the reputation of intensive-driving.com
and its Instructors and to maintain satisfactory public relations,
intensive-driving.com reserves the right to communicate with
the Instructor's Pupils at any time during the term of this
Agreement.
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intensive-driving.com may terminate this Agreement immediately
in the event that the Instructor is in material breach of any
of the provisions set out herein (including the Instructor's
agreement to comply with the intensive-driving.com Code of Conduct
for driving instructors) or commits or is alleged to have committed
any criminal offence or other act which intensive-driving.com
deems could prejudice the Instructor's ability to conduct driving
instruction or jeopardise the reputation of the intensive-driving.com.
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Nothing in this Agreement will give the Instructor any rights
of occupation to or in any intensive-driving.com office or outlet.
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Nothing in this Agreement is intended to or shall prevent the
Instructor from offering professional driving tuition in addition
to that offered to the Instructor's Pupils.
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intensive-driving.com may from time to time credit the instructors
account with referral fees for introducing pupils or instructors
to the service. intensive-driving.com reserves the right to
discontinue or vary the amount of these credits at anytime subject
to 21 days notice. Such account credits may only be used to
purchase services from intensive-driving.com.
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Within eight weeks of termination of this Agreement intensive-driving.com
shall notify the Instructor of any sums owing to intensive-driving.com
under this Agreement and any such sums shall be paid by such
other means as intensive-driving.com may require. Any sums owed
to the instructor by intensive-driving.com will similarly be
refunded within eight weeks of the termination of this agreement
EXCLUDING credits made to the instructors by way of referral
fees for the introduction of pupils or instructors to the service.
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Following the termination of this Agreement the Instructor
shall make no representation that the Instructor or the Instructor's
business is or has been in any way connected with intensive-driving.com.
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Nothing in this Agreement shall be construed as making the
parties hereby partners or joint ventures or render either party
hereto liable for any of the debts or obligations of the other
party and the Instructor shall in no way be considered as being
agent or representative of intensive-driving.com in any dealings
which the Instructor may have with the third party and the Instructor
shall not act for or make any representation on behalf of intensive-driving.com
in any such dealings and shall have no power to contract on
behalf of intensive-driving.com.
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For the purposes of this Agreement any reference to the masculine
gender shall include the masculine, feminine and neuter genders.
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The provision of this Agreement may only be varied with the
express prior written approval of the Proprietor of intensive-driving.com.
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This Agreement is subject to English Law and the parties submit
to the jurisdiction of the English courts.
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The Instructor hereby appoints the Agent to
collect and receive on behalf of the Instructor
moneys paid by the Instructor's Pupils in
respect of driving tuition provided by the
Instructor.
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Subject to the provisions of Clause 3 below
the Agent shall maintain a record of all moneys
received on behalf of the Instructor and shall
account to the Instructor for any outstanding
Moines (but for the avoidance of doubt excluding
any interest accrued) on a monthly basis.
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The Agent shall deduct from any moneys received
on behalf of the Instructor on an amount equal
to all sums due to intensive-driving.com under
the Agreement and will account for such an
amount to intensive-driving.com. intensive-driving.com
shall inform the Agent of the amount of any
sums due under the Agreement from the Instructor
to intensive-driving.com before the Agent
is obliged to account to the Instructor pursuant
to Clause 2 above.
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intensive-driving.com hereby appoints the Agent
to collect on its behalf any Moneys due from
the Instructor to intensive-driving.com pursuant
to the Agreement.
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The Instructor will provide the Agent with
Credit / Debit Card details by which payment
may be collected and authorises the Agent
to collect such payments as may be required.
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intensive-driving.com agrees to reimburse the
Agent in respect of all costs incurred in
connection with the performance of its duties
thereunder.
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The Instructor and intensive-driving.com hereby
authorise the Agent to delegate, use or engage
such person, firm or corporation as the Agent
may in its absolute discretion determine to
carry out or assist the Agent in carrying
out all or any of the obligations Agent thereunder.
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This Agency agreement is to be co-terminus
with the Agreement