Terms and Conditions - Vehicle Breakdown

DATA PROCESSING AGREEMENT
BACKGROUND

1. (A) This Agreement is to ensure there is in place proper arrangements relating to personal data passed from ALL ROUND AUTOMOTIVE LIMIED (Trading as Vehicle Breakdown) to the Processor.
2. (B) This Agreement is compliant with the requirements of Article 28 of the General Data Protection Regulation.
3. (C) The parties wish to record their commitments under this Agreement.

IT IS AGREED AS FOLLOWS:

1. DEFINITIONS AND INTERPRETATION
In this Agreement:
“Data Protection Laws” means the Data Protection Act 1998, together with successor legislation incorporating GDPR;
“Data” means personal data passed under this Agreement, being in particular owner and vehicle details;
“GDPR” means the General Data Protection Regulation;
“Services” means rescue, recovery or repair of vehicles.

2. DATA PROCESSING
Vehicle Breakdown is the data controller for the Data and the Processor is the data processor for the Data. The Data Processor agrees to process the Data only in accordance with Data Protection Laws and in particular on the following conditions:
1. the Processor shall only process the Data (i) on the written instructions from Vehicle Breakdown (All Round Automotive Limited) (ii) only process the Data for completing the Services and (iii) only process the Data in the UK with no transfer of the Data outside of the UK (Article 28, para 3(a) GDPR);
2. ensure that all employees and other representatives accessing the Data are (i) aware of the terms of this Agreement and (ii) have received comprehensive training on Data Protection Laws and related good practice, and (iii) are bound by a commitment of confidentiality (Article 28, para 3(b) GDPR);
3. TyresMate and the Processor have agreed to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, complying with Article 32 of GDPR.
4. the Processor shall not involve any third party in the processing of the Data without the consent of Vehicle Breakdown. Such consent may be withheld without reason. If consent is given a further processing agreement will be required (Article 28, para 3(d) GDPR);
5. taking into account the nature of the processing, assist Vehicle Breakdown by appropriate technical and organisational measures, in so far as this is possible, for the fulfilment of Vehicle Breakdowns obligation to respond to requests from individuals exercising their rights laid down in Chapter III of GDPR – rights to erasure, rectification, access, restriction, portability, object and right not to be subject to automated decision making etc (Article 28, para 3(e) GDPR);
6. assist Vehicle Breakdown in ensuring compliance with the obligations pursuant to Articles 32 to 36 of GDPR – security, notification of data breaches, communication of data breaches to individuals, data protection impact assessments and when necessary consultation with the ICO etc, taking into account the nature of processing and the information available to the Processor (Article 28, para 3(f) GDPR);
7. at Vehicle Breakdowns choice safely delete or return the Data at any time. [It has been agreed that the Processor will in any event securely delete the Data at the end of the Services]. Where the Processor is to delete the Data, deletion shall include destruction of all existing copies unless otherwise a legal requirement to retain the Data. Where there is a legal requirement the Processor will prior to entering into this Agreement confirm such an obligation in writing to Vehicle Breakdown. Upon request by Vehicle Breakdown the Processor shall provide certification of destruction of all Data (Article 28, para 3(g) GDPR);
8. make immediately available to Vehicle Breakdown all information necessary to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by Vehicle Breakdown from time to time (Article 28, para 3(h) GDPR);
9. maintain the integrity of the Data, without alteration, ensuring that the Data can be separated from any other information created; and
10. immediately contact Vehicle Breakdown if there is any personal data breach or incident where the Data may have been compromised.
3. Termination
Vehicle Breakdown may immediately terminate this Agreement on written notice to the Processor. The Processor may not terminate this Agreement without the written consent of Vehicle Breakdown.
4. General
1. This Agreement may only be varied with the written consent of both parties.
2. This Agreement represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller/processor relationship under Data Protection Laws.

This Agreement is subject to English law and the exclusive jurisdiction of the English Courts.

TERMS AND CONDITIONS

1. YOUR CONTRACT WITH VEHICLE BREAKDOWN
These terms and conditions relate to the contract between the Network Partner (“you”) and Vehicle Breakdown (ALL ROUND AUTOMOTIVE LIMITED) for work carried out that has been subcontracted to you by Vehicle Breakdown. It is important that you read and understand these terms and conditions before you sign the contract agreement on the Network Partner Registration Form.

2. PERIOD OF CONTRACT
The contract between you and Vehicle Breakdown lasts for an unlimited period of time from the date on which the agreement was signed, until thirty days after we receive a letter or email from you requesting that you no longer wish to be a Network Partner for Vehicle Breakdown.

3. ARRIVAL TIMES
3.1 You should have a target arrival time of sixty to ninety minutes from accepting the job to attending any incident subcontracted to you by Vehicle Breakdown.
3.2 You must attend ninety nine percent of breakdowns within the stated timeframe stated on the quote when quoting a Vehicle Breakdown customer. If you are delayed you are required to keep the customer up to date at all times.

4. RATES AND CHARGES
4.1 All charges for any job is to the Network Partners discretion, All charges including our referral fee are required to be taken by the Network Partner.
4.2 Our referral fee is payable as soon as the job is accepted by the customer, failure to take payment from the customer will still require to be paid to us in the agreed time.

5. WORK PROCEDURES
5.1 When a breakdown occurs you will be sent a text message informing you it is within your service area and give you the option to either quote or decline. If the job is declined no other action is required.
5.2 If your quote is accepted you are then required to contact the customer and confirm all details and therefore are now responsible for completing the job and keeping the customer up to date.
5.3 You will be then be invoiced by Vehicle Breakdown for the referral fee. This is the Network partners responsibly to take this payment from the customer. The referral fee must be paid to us within the agreed timeframe.
5.4 After each job has been completed the declaration form including the mileage of the vehicle and customer signature is required in all circumstances and must be obtain by you and provided to Vehicle Breakdown.
5.5 Under no circumstances must you allow our customer to assist you in the recovery or repair of the casualty vehicle.

6. INVOICING
6.1 All charges must be fair and reasonable.
6.2 Network Partners are responsible for taking all payments (including the referral fee) from the customer and are required to invoice the customer directly.

7. WORKSHOP REPAIRS
7.1 Storage charges are not chargeable when repairs are being undertaken by you.
7.2 All replacement parts must be kept by you for a minimum of thirty days for inspection.
7.3 All repairs carried out by you must have a three month warranty unless the repair has been deemed ‘temporary’ and witnessed by the customer or customers’ representative.

8. SUBCONTRACTING
It is forbidden by Vehicle Breakdown that any jobs that have been subcontracted to you by Vehicle Breakdown to be contracted out to another party, If you are unable to attend the job for any reason, please inform the customer immediately and cancel the job and we can reallocate the job to another Vehicle Breakdown Network Partner. If it is found that jobs have been contracted out by you, action will be taken again the Vehicle Breakdown Network Partner.

9. COMPLAINTS
Should any complaint be raised from one of our customers, you will be expected to provide full cooperation to bring the said complaint to a quick conclusion. This may require a written response either by email or letter, along with any documentation/photos as requested. Vehicle Breakdown must receive these from you within seven calendar days.

10. DAMAGE

10.1 You shall indemnify and keep indemnified and hold harmless Vehicle Breakdown from and against all direct and indirect loss, damage, costs, claims, expenses and any and all other liabilities including third party claims, loss of profit, loss of sales, loss of goodwill, loss of business, loss of reputation, pure economic loss and extra operating expenses incurred by, suffered by or threatened against Vehicle Breakdown or a third party arising as a result of the your breach of this Agreement or any negligent act or omission in providing the Services or howsoever otherwise arising out of or in relation to this Agreement and provision of the Services.

10.2 Where you or Vehicle Breakdown receive a claim from a customer concerning alleged damage to a customer’s vehicle or personal injury to the customer or a passenger in the customer’s vehicle, then full details must be forwarded to Vehicle Breakdown immediately. If you receive a complaint, you must inform us immediately and where such a claim is received by us then Vehicle Breakdown shall request any relevant information from you and carry out an assessment of liability. You shall provide any requested information to Vehicle Breakdown as soon as possible and usually within 48 hours of receiving such a request.

10.3 Where Vehicle Breakdown reasonably believes that you are either partially or wholly liable for the claim, Vehicle Breakdown shall seek to mediate the claim between you and the claimant. Vehicle Breakdown will attempt to mitigate the claim, where possible. In such cases you shall indemnify and keep indemnified Vehicle Breakdown against any and all costs, claims, losses, liabilities, expenses or damages including (but is not limited to) any costs Vehicle Breakdown may have suffered or incurred in the investigation or in defence and settlement of the claim which may include (but not limited to) engineer’s fees and legal costs.

11. SEVERABILITY
In the event that any terms of this agreement is held by a court of competent jurisdiction to be unenforceable or unlawful for any reason, such terms will be held to that extent only to be removed from this agreement and the remainder of this agreement shall remain in full force and effect.

12. SOCIAL MEDIA POLICY
Social media allows for the creation and exchange of user generated content. In relation to these matters Vehicle Breakdown apply a restrictive Covenant, under no circumstances unless express permission is granted in writing are you to post any photographs, create or exchange any user generated content relating to Vehicle Breakdown or its customers or comment or mention Vehicle Breakdown in any way in relation to any business between our companies on social media.

13. JURISDICTION
This agreement is governed by and construed in accordance with the laws of the country in which the contract was agreed. Any dispute arising out of the terms of the agreement will be determined exclusively by the courts in that country.

14. INSURANCE
We recommend having adequate insurance in place before joining Vehicle Breakdown. Any damages to Network Partners or customers property or personal injury will not covered by Vehicle Breakdown in any circumstance. We Recommend a minimum of £5,000,000 Public Liability & Goods in transit of £1,000,000.

By registering as a Network Partner you are agreeing to our terms and conditions.