Driver Partner Agreement

Driver Partner Agreement

This Agreement governs the relationship between YatGo Transport and Logistics and any individual approved to operate as a Driver Partner on the YatGo platform. By submitting your driver application and checking the agreement box, you confirm that you have read, understood, and agree to be bound by this Agreement in its entirety.

1. NATURE OF THIS AGREEMENT

This Agreement governs the relationship between YatGo and any individual approved to operate as a Driver Partner on the YatGo platform. This Agreement does not create an employment relationship. You are an independent contractor. You are not entitled to employee benefits, statutory deductions, or labour protections that apply exclusively to employed persons under Kenyan law. You are solely responsible for your own taxes, insurance, and compliance with all applicable Kenyan laws and regulations.

2. ELIGIBILITY TO JOIN

To qualify as a YatGo Driver Partner, you must:

• Be at least 18 years old
• Hold a valid Kenyan driving licence appropriate for the vehicle class you intend to operate
• Own or have lawful access to a roadworthy vehicle registered in Kenya
• Hold a valid vehicle insurance policy that covers commercial use
• Have no criminal conviction involving violence, fraud, or theft within the past 5 years
• Pass YatGo's vetting process including document verification and, where applicable, a background screening

3. REGISTRATION AND VETTING PROCESS

3.1 Application Steps

The driver registration process consists of three steps: personal details submission, document upload, and password creation.

3.2 Required Documents

3.3 Processing Time

YatGo will review and process your application within 5 business days of receiving a complete set of documents. If your application requires additional verification, YatGo will notify you within that period and provide a revised timeline. You will not be assigned any jobs until your application is formally approved in writing or via the platform.

3.4 Rejection

YatGo reserves the right to reject any application without being obliged to state reasons. Rejected applicants may reapply after 90 days if the grounds for rejection have been resolved.

4. JOB ASSIGNMENT AND OPERATIONS

4.1 How Jobs Are Assigned

YatGo’s operations team assigns jobs to available Driver Partners based on location, vehicle type, and availability. You will receive job details via the platform or WhatsApp, including pickup location, delivery destination, and client contact information.

4.2 Accepting and Declining Jobs

You are free to accept or decline any job. However, consistent or repeated unexplained declines may result in reduced job frequency or account review.

4.3 Your Obligations on Every Job

On every assigned job, you must:

• Arrive at the pickup location at the agreed time
• Treat clients and their goods with professionalism and care
• Not carry unauthorised passengers or additional cargo not belonging to the booked job
• Communicate any delays promptly to YatGo's dispatch team
• Not use the client's contact information for any purpose beyond job-related communication
• Not solicit off-platform work from YatGo clients
• Maintain live GPS tracking throughout the assignment
• Deliver goods to the confirmed destination address only - no unauthorised diversions
• Obtain confirmation of receipt from the recipient at point of delivery

4.4 Vehicle Standards

Your vehicle must remain roadworthy, legally insured, and in a condition fit to transport goods safely at all times. YatGo reserves the right to request updated proof of insurance or vehicle inspection at any time.

5. PAYMENTS AND EARNINGS

5.1 Payment Rate

Your earnings per job will be communicated at the time of job assignment. Rates vary based on distance, vehicle type, and nature of goods. YatGo does not guarantee a minimum number of jobs or minimum monthly earnings.

5.2 Payment Schedule

Payments for completed jobs are processed every Friday for all jobs confirmed as delivered between Monday and Sunday of the preceding week. Payment is made directly to your registered M-Pesa number or bank account. You will receive an earnings summary via WhatsApp or the platform each payment cycle.

5.3 Tax Obligations

As an independent contractor, you are solely responsible for the declaration and remittance of all taxes applicable to your earnings, including income tax payable to the Kenya Revenue Authority. YatGo may withhold tax from your payments as required by Kenyan law and will remit such amounts directly to KRA on your behalf. YatGo will notify you of any withholding applied.

5.4 Payment Disputes

If you believe a payment is incorrect or a job has not been credited to your account, you must raise the dispute within 48 hours of the expected payment date by contacting bookings@yatgo.co.ke with your job reference number and the amount in question. YatGo will investigate and respond within 3 business days. Disputes raised after 48 hours will not be considered for that payment cycle.

5.5 Deductions

YatGo may deduct from your earnings any amounts owed due to:

• Confirmed client compensation for goods damaged due to driver negligence
• Fines or penalties resulting from traffic violations committed during a job where YatGo is held liable
• Recovery of advances or fees agreed upon in writing
• Any amount recoverable under clause 8 of this Agreement

6. RATINGS AND PERFORMANCE

Clients may rate completed jobs. Your performance rating is calculated based on on-time arrival, client feedback, and delivery success rate. YatGo will provide you with a monthly performance summary.

Driver Partners with a rating consistently below the platform average will be placed on a performance improvement notice and offered coaching. Continued underperformance after 30 days of notice may result in account suspension.

7. CONDUCT AND DISCIPLINARY PROCESS

7.1 Zero Tolerance

The following will result in immediate account suspension pending investigation:

• Theft or misappropriation of client goods
• Violent, threatening, or abusive behaviour toward clients or YatGo staff
• Driving under the influence of alcohol or substances
• Deliberately providing false delivery confirmation
• Soliciting off-platform business from YatGo clients
• Allowing unauthorised persons to handle or access client goods during transit

Zero Tolerance - Cargo Theft: Any confirmed case of cargo theft, regardless of value, will result in immediate and permanent termination and referral to the Kenya Police Service. YatGo will pursue all available legal remedies.

7.2 Investigation Process

Upon suspension, YatGo will notify you in writing via WhatsApp or email stating the reason. You will have 5 business days to submit a written response. YatGo will complete its investigation within 10 business days and issue a final decision of either reinstatement, reinstatement with conditions, or permanent deactivation.

7.3 Appeals

If you are permanently deactivated and believe the decision was unjust, you may appeal in writing to support@yatgo.co.ke within 7 days of receiving the deactivation notice. The appeal will be reviewed by a senior YatGo representative not involved in the original investigation, and a response will be provided within 7 business days. The appeal decision is final.

8. DRIVER LIABILITY FOR GOODS IN TRANSIT

8.1 General Liability

The Driver Partner accepts full responsibility for the safe custody and delivery of all client goods from the point of pickup to the confirmed delivery destination. During this period, the goods are under the direct care and control of the Driver Partner.

8.2 Events of Driver Liability

The Driver Partner shall be personally liable to YatGo for any loss or damage to client goods arising from:

• Negligent driving, reckless handling, or failure to secure goods properly during transit
• Unauthorised deviation from the agreed delivery route
• Failure to deliver goods to the correct recipient at the confirmed address
• Deliberate misrepresentation or false delivery confirmation
• Theft, misappropriation, or unauthorised disposal of client goods
• Allowing unauthorised persons to handle or access client goods during transit

8.3 Liability Assessment

Where a client claim is upheld against YatGo and the loss or damage is found to result from the Driver Partner's actions or omissions, the Driver Partner's liability shall be assessed based on:

• The declared value of the goods at the time of booking as submitted by the Client
• Photographic or documentary evidence gathered during YatGo's investigation
• Findings from any police or insurance investigation where applicable
• The Driver Partner's own written account submitted during the investigation process

8.4 Recovery of Compensation

Where YatGo has compensated a client for loss or damage attributable to the Driver Partner, YatGo reserves the right to recover the full compensation amount from the Driver Partner by:

• Deduction from current or future earnings owed to the Driver Partner
• Direct demand for payment where earnings are insufficient to cover the liability
• Any other lawful means of debt recovery available under Kenyan law

The Driver Partner's liability under this clause survives the termination of this Agreement.

8.5 Insurance Obligation

The Driver Partner is solely responsible for maintaining valid third-party insurance at minimum for the duration of their engagement with YatGo. Driver Partners are strongly advised to maintain goods-in-transit insurance to protect against personal liability for cargo loss or damage.

YatGo does not provide any form of cargo, vehicle, or personal accident insurance on behalf of Driver Partners. Where a Driver Partner holds goods-in-transit insurance, YatGo may require the Driver Partner to pursue a claim through their insurer before any internal liability assessment is finalised.

8.6 Serious Misconduct

In cases of confirmed cargo theft or deliberate misappropriation of client goods, the Driver Partner shall be immediately and permanently deactivated from the YatGo network and the matter shall be referred to the Kenya Police Service. YatGo will pursue all available legal remedies to recover losses including civil action where necessary. No earnings owed at the time of deactivation will be released until the matter is fully resolved.

8.7 Traffic and Road Violations

Any traffic fines, court penalties, or legal costs arising from traffic offences or road violations committed during a job are the sole responsibility of the Driver Partner. Where YatGo is held liable by any authority for a Driver Partner's traffic violation, the full cost including any administrative fees incurred by YatGo shall be recovered from the Driver Partner under clause 8.4.

8.8 Road Accidents

In the event of a road accident during a job, you must:

• Immediately ensure the safety of all parties
• Contact emergency services if required
• Notify YatGo's operations team within 1 hour of the incident
• Cooperate fully with police and any insurance investigation
• Provide YatGo with a full written account of the incident within 24 hours

You are solely responsible for maintaining valid third-party and commercial insurance. YatGo does not provide vehicle insurance, personal accident cover, or any form of financial protection against road incidents. Any traffic fines, legal costs, or accident-related liabilities are your sole responsibility unless caused by a verifiable error in YatGo's operations.

8.9 Investigation Before Liability Is Enforced

No liability determination or financial recovery will be made against a Driver Partner without YatGo first:

• Conducting an internal investigation
• Notifying the Driver Partner in writing of the claim against them
• Giving the Driver Partner no fewer than 5 business days to submit a written response
• Reviewing all available evidence including client documentation, driver account, and any third-party reports

The outcome of this investigation shall be communicated to the Driver Partner in writing and shall form the basis of any liability or recovery action taken.

9. CONFIDENTIALITY

You agree not to disclose to any third party:

• Any client personal information obtained through the platform
• YatGo's internal pricing, dispatch processes, or operational information
• Any information designated as confidential by YatGo

This obligation survives the termination of this Agreement indefinitely.

10. TERMINATION

10.1 Voluntary Exit

You may exit the YatGo Driver Network at any time by providing 7 days' written notice to info@yatgo.co.ke. All pending payments for completed jobs will be processed at the next regular payment cycle.

10.2 Termination by YatGo

YatGo may terminate this Agreement immediately for any of the conduct described in clause 7.1, or with 7 days' notice for operational, commercial, or platform restructuring reasons.

10.3 Effect of Termination

Upon termination, you must immediately:

• Cease representing yourself as a YatGo Driver Partner
• Cease using any YatGo branding or materials
• Return any YatGo property if applicable

All earned and unpaid amounts will be settled at the next payment cycle following termination unless otherwise disputed.

11. GOVERNING LAW AND DISPUTES

This Agreement is governed by the laws of the Republic of Kenya. Any dispute arising from this Agreement shall first be referred to good-faith mediation between you and a YatGo representative. If unresolved within 14 days, the dispute shall be submitted to binding arbitration under NCIA rules, seated in Nairobi. Nothing in this clause prevents YatGo from seeking urgent relief from a Kenyan court.

12. AMENDMENTS

YatGo may amend this Agreement at any time. You will be notified of material changes at least 14 days before they take effect via WhatsApp or email. Continued operation on the platform after that date constitutes acceptance of the revised Agreement.

13. SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable under Kenyan law, that provision shall be modified to the minimum extent necessary to make it enforceable. All remaining provisions shall continue in full force and effect.

14. ENTIRE AGREEMENT

This Agreement, together with YatGo's Terms of Service and Privacy Policy, constitutes the entire agreement between you and YatGo and supersedes all prior representations, understandings, or agreements whether written or oral.