Terms of Service

1. Agreement to Terms

By accessing and using Drivano ("the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Platform.

2. Description of Service

Drivano is a marketplace platform that connects self-employed HGV drivers with haulage companies ("Employers"). We provide tools for shift management, compliance verification, digital timesheet submission, and contract generation. Drivano is not an employment agency, payment processor, or intermediary for payments between Employers and Drivers.

3. User Accounts

You must create an account to use the Platform. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Providing accurate and up-to-date information
• Notifying us immediately of any unauthorized access

4. Employer Obligations

As an Employer using the Platform, you agree to:

• Pay your subscription fees (credits) to Drivano on time
• Accurately post shift details including pay rates, location, and requirements
• Review and respond to timesheets within the deadlines specified below
• Ensure Stripe Connect payouts are funded by the Friday payment deadline
• Maintain appropriate employer's liability and motor fleet insurance for your vehicles
• Comply with all applicable employment, tax, and health & safety laws
• Conduct your own IR35 status determination where required

5. Driver Obligations

As a Driver using the Platform, you agree to:

• Hold a valid HGV driving licence with appropriate categories
• Hold a valid Driver CPC qualification
• Have valid right to work in the UK
• Attend shifts you have accepted or provide reasonable notice of cancellation
• Submit timesheets by Sunday 23:59 each week for the preceding week's shifts
• Submit accurate timesheets reflecting actual hours worked
• Understand you are self-employed and responsible for your own tax affairs

Insurance: When driving an Employer's vehicle, you are typically covered by the Employer's motor fleet insurance. Personal public liability insurance is not required when using the Employer's vehicle. You are responsible for verifying insurance coverage with each Employer.

6. Payment Terms

6.1 Drivano Fees (Employer Subscription)

Employers pay Drivano a subscription fee based on their chosen plan, which provides a set number of credits per month. One credit equals one completed shift. Subscription fees are non-refundable except as required by law. Credits reset monthly and do not roll over unless explicitly agreed for Enterprise.

6.2 Driver Payments (Processed by Drivano)

Drivano processes driver payments on behalf of Employers via Stripe. This ensures drivers are paid reliably and on time:

6.3 Timesheet Disputes

• Disputes must be raised by Tuesday 17:00 with written reasons for each disputed shift
• If no dispute is raised by Tuesday 17:00, the timesheet is automatically approved
• Partial disputes: Any undisputed sums are still due by Friday 17:00
• Disputed amounts are held until resolved; undisputed amounts must still be paid on time
• Drivers may amend and resubmit disputed timesheets once
• If disputes cannot be resolved, either party may request Platform mediation

6.4 Late Payment Consequences

Failure to pay Drivers by the Friday 17:00 deadline will result in the following consequences:

• Automatic suspension from posting new shifts or contacting drivers
• "Late Payer" status visible on your employer profile (affects driver matching)
• Late fee of £50 per overdue timesheet payable to Drivano (not the Driver)
• Admin fee of £25 for each follow-up action taken by Drivano
• Payment status may be shared with affected Drivers for transparency
• After 14 days overdue: referral to third-party debt collection
• Repeat late payment (3+ instances in 90 days): permanent account termination

6.5 Payment Transparency

By using the Platform, Employers agree that Drivano may:

• Track and display payment status (pending, paid, overdue) to affected Drivers
• Calculate and display Employer payment reliability scores
• Notify Drivers of Employers with late payment history
• Share payment dispute outcomes with both parties

7. Employment Status

Drivers on the Platform operate as self-employed contractors. They are not employees of Drivano or of the Employers who book them. Each shift engagement is governed by a contract for services generated through the Platform.

Contracts include IR35-relevant provisions such as the right of substitution and lack of mutuality of obligation. However, Employers are responsible for their own IR35 status determinations where applicable under the off-payroll working rules.

8. Cancellations

• Employer cancellation >12 hours before shift: No penalty
• Employer cancellation <12 hours before shift: 1 credit is consumed
• Driver cancellation >12 hours before shift: No penalty
• Driver cancellation <12 hours before shift: Strike recorded on profile
• Driver no-show: Strike recorded, potential suspension after 3 strikes

9. Limitation of Liability

Drivano provides a marketplace platform only. Drivano is not liable for:

• Payment disputes or non-payment by Employers
• Late payment of Driver invoices
• Employment status determinations by HMRC or other authorities
• Accidents, injuries, or damages during shifts
• Actions or omissions of Employers or Drivers
• Lost profits, revenue, or business interruption
• Any indirect, incidental, or consequential damages

Our total liability to you for any claims arising from use of the Platform shall not exceed the amount you paid to Drivano in the 12 months preceding the claim.

10. Termination

Either party may terminate their account at any time. We reserve the right to suspend or terminate accounts that:

• Violate these terms
• Fail to pay Drivers on time (automatic suspension)
• Engage in fraudulent activity
• Accumulate excessive disputes or cancellations
• Abuse the dispute or cancellation processes

11. Changes to Terms

We may update these terms from time to time. We will notify you of material changes via email or platform notification. Continued use of the Platform after changes constitutes acceptance.

12. Governing Law

These terms are governed by the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

13. Contact

Questions about these terms? Contact us at:

Drivano Ltd
Company Number: Available on request
Registered Address: Available on request
Email: legal@drivano.co.uk