Terms & Conditions
1. Role as iTow Rescue & Recovery's Agent
1.1 iTow Rescue & Recovery ("iTow") will remain as the direct contracting party with their customer on all jobs passed to you as a subcontractor and our agent. Accordingly, you hereby agree, as a condition of us subcontracting work to you, that you will accept the same as iTow's Agent and:
a) Represent iTow in a courteous and professional manner.
b) Not seek to circumvent our contractual relationship with our customer, by seeking to contract with them directly.
2. Service Quality and Compliance
2.1 All services provided to iTow as our Agent shall be executed with all reasonable care and diligence. They should be carried out by suitably trained operatives, in accordance with all applicable Health & Safety Regulations, including, but not limited to, The Health and Safety at Work Act 1974, The Road Vehicles (Construction and Use) Regulations 1986, The Working Time Regulations 1986, The Manual Handling Operations Regulations 1992, The Provision and Use of Work Equipment Regulations 1998, The Personal Protective Equipment at Work Regulations 1992, and The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR), as applicable.
3. Accurate ETA (Estimated Time of Arrival)
3.1 Accurate ETAs must be provided immediately upon acceptance of a job. iTow is contracted to specific SLAs with various clients, and the ETA given will be relayed to their client and relied upon. In the event an ETA is given but not complied with, there can be financial penalties to iTow, which we reserve the right to recoup from you in cases where you have deliberately or negligently given us an inaccurate ETA. We accept that delays or unforeseen circumstances can occur, and we can often mitigate such occurrences with our clients if we are informed immediately. However, it is incumbent upon you as the agent to inform us of this proactively, by calling the iTow Control Room, prior to the ETA being missed.
4. Data Protection and Confidentiality
4.1 All relevant Data Protection legislation, including the Data Protection Act 2018 and the UK General Data Protection Regulation (UK-GDPR), should be always adhered to by the Agent. You specifically acknowledge and agree that you will owe a duty of care to iTow as a Data Processor in respect of any data provided to you that is necessary to undertake a job on our behalf as our agent. Under no circumstances shall any images of, videos of, or written or audio reference to, any jobs undertaken on our behalf as our agent, be posted to any social media platforms or published in any other shape or form, without prior written authority from ourselves. All telephone calls made from and to iTow are recorded, and by accepting a phone call from us or making a phone call to us, you accept and authorise the same, and acknowledge that the recording may be disclosed to our client and or any other legally authorised body or law enforcement agency without additional consent.
5. Insurance and Indemnity
5.1 You agree that you will carry and maintain at all relevant times suitable policies of insurance to undertake any tasks you agree to on our behalf (in accordance with the Insurance Form, supplied separately and certified by your broker or insurer), and that you will indemnify and keep iTow indemnified, against all costs, claims, losses (whether of a primary or consequential nature) damages (whether primary or consequential) and expenses incurred by iTow as a result of any breach by you of the terms of this Agreement, or as a result of any claim being made against iTow, or our client, by any person, company or organisation resulting from the Supplier’s actions, performance, or failure to perform (in whole or in part) the services in accordance with (or reasonably contemplated by) this Agreement.
6. Roadside Repair and Recovery
6.1 Where a job has been subcontracted to you specifically as a roadside repair, upon arrival at a subcontracted job location, the supplier shall immediately safeguard the vehicle, at the roadside or as applicable, conduct a dynamic risk assessment, and forthwith assess the vehicle’s condition to determine whether roadside rectification of the vehicle can be affected. In the event it cannot, unless iTow have specifically instructed you to conduct a recovery of the vehicle, recovery shall only take place on the express authority of iTow and shall be affected in such circumstances only to a destination supplied by iTow.
7. Progress Reporting
7.1 The Supplier shall maintain open communication with iTow Rescue & Recovery regarding the progress of service provision, tailored to the specific task at hand. This includes, but is not limited to, providing estimated times of arrival at the breakdown site, supplying images for evidential purposes of repairs and/or vehicle recovery, and furnishing any other relevant information related to the job. This reporting obligation extends both during the job and afterward.
8. Authorisation for Parts Costs
8.1 iTow Rescue & Recovery will only accept costs for parts with prior authorisation obtained through our Control. If necessary, we reserve the right to request sight of any invoices for parts, and you agree to provide them accordingly.
9. Temporary Repairs and Roadworthiness
9.1 Temporary repairs must receive explicit authorization from iTow Control. In the event that a vehicle undergoes temporary repair, it must still meet legal roadworthiness standards. No vehicle can be released to the customer to be driven on a road if it remains susceptible to a PG9 notice for an ineffective repair. If you are unable to undertake a repair that renders a vehicle road-legal again, you must promptly inform iTow Control, who will then arrange either an alternative attendance or recovery at their discretion.
10. Vehicle Condition and Compliance
10.1 All vehicles utilized on jobs for iTow Rescue & Recovery must be in a clean, tidy, and above all, roadworthy condition. They must also adhere to all regulations applicable to that vehicle.
11. Insurances, Licenses, and Compliance
11.1 The Supplier and their operatives are required to acquire, maintain in good standing, and update as necessary, all insurances, licenses, consents, training, and approvals necessary for the provision of services. This includes waste disposal. The Supplier shall produce evidence of such insurances, licenses, consents, training, and approvals upon request by iTow Rescue & Recovery.
12. Vehicle Storage and Release
12.1 All vehicles held in storage on behalf of iTow Rescue & Recovery shall be retained until written instruction is provided. They must only be released to parties authorized by iTow Rescue & Recovery. Any release not aligned with instructions shall render you liable for any ensuing losses. The Supplier shall not have the right to exercise any lien over any vehicle in respect of non-payment of any nature, where the payment is alleged to be due from iTow Rescue & Recovery. By undertaking a job on our behalf, you hereby expressly waive any such rights.
13. Termination by Either Party
13.1 Either Party may terminate this Agreement by providing the other Party with not less than 30 days written notice.
14. Grounds for Immediate Termination
14.1 Either Party may forthwith terminate this Agreement by issuing written notice to the other Party if:
a. Any sum owed to that Party by the other Party under any provision of this Agreement is not paid within 28 days of the due date for payment.
b. The other Party commits any other breach of any provision of this Agreement and, if the breach is remediable, fails to remedy it within 7 days after being given written notice detailing the breach and requiring it to be remedied.
c. An encumbrancer takes possession, or where the other Party is a company, a receiver is appointed, of any of the property or assets of that other Party.
d. The other Party makes any voluntary arrangement with its creditors or, being a company, becomes subject to an administration order (within the meaning of the Insolvency Act 1986).
e. The other Party, being an individual or firm, has a bankruptcy order made against it or, being a company, goes into liquidation (except for the purposes of bona fide amalgamation or re-construction and in such a manner that the resulting company effectively agrees to be bound by or assume the obligations imposed on the other Party under this Agreement).
f. Anything analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the other Party.
g. The other Party ceases, or threatens to cease, to carry on business.
h. Control of the other Party is acquired by any person or connected persons not having control of that other Party on the date of this Agreement. For the purposes of this Clause 14, "control" and "connected persons" shall have the meanings ascribed to them by Sections 1124 and 1122 respectively of the Corporation Tax Act 2010.
15. Client's Right to Terminate
15.1 The Client shall have the right to forthwith terminate this Agreement by giving written notice to the Service Provider in the event that the Service Provider fails to provide the Services in compliance with agreed service levels.
19. Dispute Resolution
19.1 Any complaints received from any party shall be investigated impartially and fairly and if any cases cannot initially be resolved by parties involved then an arbitration service may be used to resolve any disputes.
20. No Partnership or Fiduciary Relationship
20.1 Nothing in this Agreement shall constitute or be deemed to constitute a partnership, joint venture, agency, or other fiduciary relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
21. Governing Law
21.1 This Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
22. Jurisdiction
22.1 Any dispute, controversy, proceedings, or claim between the Parties relating to this Agreement (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.