Carrier Terms and Conditions
Last updated: 7 September 2026
Version: Version 1.0
IMPORTANT— PLEASE READ CAREFULLY, THESE TERMS APPLY TO EVERY ASSIGNMENT
PART A — ABOUT THESE TERMS
These Carrier Terms and Conditions (the “Terms”) are issued by Kivgo Logistics, a trading name of Arsen Pankiv, a sole trader of 42A Salisbury Road, London, E7 9JX, United Kingdom (“the Broker”, “Kivgo”, “we” or “us”), and govern the engagement of any third-party road haulage company or owner-driver (“the Carrier”,“you” or “your”) to perform an Assignment offered by the Broker.
By accepting a Load Confirmation for an Assignment, whether by email, SMS, electronic messaging platform, electronic signature, or other written means, the Carrier accepts and agrees to be bound by these Terms inrespect of that Assignment and all future Assignments, unless expressly varied in writing and signed by both Parties.
Clause 1 — Definitions
In these Terms, unless the context otherwise requires, the following terms shall have the meanings set out below:
Assignment means a specific transport service offered by the Broker and accepted by the Carrier, the details of which are set out in the relevant Load Confirmation.
Broker means Kivgo Logistics, a trading name of Arsen Pankiv.
Business Day means a day (other than a Saturday, Sunday, or public holiday) on which banks are open for general business in London.
Carrier means the third-party road haulage company or owner-driver identified in the applicable Load Confirmation, engaged by the Broker as an independent contractor.
Carrier Onboarding Form means the Broker's onboarding form used to collect the Carrier's business, insurance, licensing, and vehicle information.
Conditions of Carriage means the standard terms under which the Carrier undertakes the carriage of goods, whether the Road Haulage Association (RHA) Conditions of Carriage, Logistics UK Model Conditions, or the Carrier's own conditions as disclosed to the Broker.
Goods-in-Transit (GIT) Insurance means the Carrier's insurance covering loss of, theft of, or damage to goods whilst in transit.
Load Confirmation means the written document issued by the Broker for a specific Assignment, setting out the agreed route, collection and delivery details, cargo description, vehicle requirements, agreed rate, and any operational instructions.
Party means the Broker or the Carrier, and Parties means both of them.
Proof of Delivery (POD) means a signed delivery note, consignment note, or other written or electronic evidence confirming that the goods have been delivered.
Subcontracting means the transfer by the Carrier of all or part of an Assignment to another carrier or transport provider, other than the Carrier's own employees or drivers lawfully contracted by the Carrier.
Terms means these Carrier Terms and Conditions, as amended from time to time.
PART B — THE ARRANGEMENT
Clause 2 — Relationship and Status
2.1 The Carrier acts at all times as an independent contractor and not as an employee, worker, agent, partner, or joint venture of the Broker.
2.2 The Carrier is solely responsible for all taxes, National Insurance contributions, pensions, wages, statutory payments, and any other legal or financial obligations arising from its business or from the engagement of its employees, workers, or contracted drivers.
2.3 These Terms are non-exclusive. Nothing in these Terms obliges the Broker to offer any minimum number of Assignments, or obliges the Carrier to accept any Assignment offered.
Clause 3 — Load Confirmations
3.1 Each Assignment shall be confirmed by the Broker through a written Load Confirmation.
3.2 A Load Confirmation becomes binding on the Carrier when the Carrier communicates its acceptance by email, SMS, electronic messaging platform, electronic signature, or other written means.
3.3 These Terms apply to every Assignment accepted by the Carrier, together with the applicable Load Confirmation. In the event of any inconsistency, the Load Confirmation shall prevail only in respect of the relevant Assignment.
3.4 The Carrier shall review the Load Confirmation upon receipt and notify the Broker without undue delay of any error, omission, or inability to comply with its requirements, and shall not commence an Assignment until it has accepted the Load Confirmation, unless otherwise agreed.
Clause 4 — Carrier Obligations
The Carrier shall:
4.1 perform each Assignment with reasonable skill, care, diligence, and professionalism;
4.2 transport the goods safely and securely using suitable vehicles and competent, lawfully engaged drivers;
4.3 comply with all applicable laws, regulations, and industry requirements relating to the performance of the Assignment, including road traffic legislation, drivers' hours rules, vehicle safety requirements, and health and safety legislation;
4.4 provide the vehicle, equipment, and operational capabilities specified in the Load Confirmation;
4.5 follow all lawful instructions in the Load Confirmation or otherwise issued by the Broker in relation to the Assignment;
4.6 notify the Broker immediately of any delay, incident, accident, breakdown, loss, damage, theft, or other circumstance that may affect the timely or safe completion of the Assignment;
4.7 obtain and provide Proof of Delivery to the Broker following completion of the Assignment, within the deadline specified in the Load Confirmation; and
4.8 cooperate fully with the Broker in resolving any operational issue, customer enquiry, or claim arising from the Assignment.
Clause 5 — Broker Obligations
The Broker shall:
5.1 use reasonable skill, care, and diligence in arranging Assignments for the Carrier;
5.2 provide a Load Confirmation for each Assignment, setting out the operational details reasonably necessary to perform it;
5.3 act as the primary point of contact between the Carrier and the Broker's customer, unless otherwise agreed;
5.4 pay the Carrier the agreed charges for completed Assignments in accordance with Clause 10; and
5.5 notify the Carrier as soon as reasonably practicable of any cancellation, amendment, or other material change affecting an Assignment.
Clause 6 — Warranties and Ongoing Compliance
6.1 The Carrier warrants that, throughout its engagement under these Terms:
(a) it is duly established and authorised to carry on its business;
(b) all licences, permits, approvals, and authorisations required to perform Assignments remain valid and in force;
2(c) all information and documents it provides to the Broker, whether during onboarding or otherwise,are true, accurate, complete, and not misleading in any material respect;
(d) it maintains valid and adequate Goods-in-Transit (GIT) Insurance and Public Liability Insurance, appropriate to the Assignments it performs, and will provide evidence of cover on request;
(e) it has the legal authority to enter into and perform these Terms.
6.2 The Carrier shall notify the Broker without undue delay of any change in circumstances that may affect its ability to perform its obligations under these Terms, including (without limitation):
(a) suspension, revocation, or expiry of any licence or authorisation;
(b) insolvency proceedings or cessation of business;
(c) any material change to its legal status, ownership, trading name, or registered address;
(d) any circumstance that may materially affect its ability to perform an Assignment safely and lawfully;
(e) any cancellation, lapse, suspension, or material change to its GIT or Public Liability Insurance.
6.3 The Broker may rely upon the information provided by the Carrier when assessing the Carrier's suitability for Assignments and throughout the duration of these Terms.
Clause 7 — Subcontracting
7.1 The Carrier shall not subcontract, assign, transfer, delegate, or otherwise entrust the performance of any Assignment, in whole or in part, to any third party without the Broker's prior written consent.
7.2 For the avoidance of doubt, the use of the Carrier's own employees or drivers lawfully employed or contracted by the Carrier shall not constitute subcontracting for the purposes of these Terms.
7.3 Where the Broker grants written consent under Clause 7.1, the Carrier shall remain fully responsible for the proper performance of the Assignment and for all acts, omissions, defaults, and negligence of the subcontractor as if they were the Carrier's own.
7.4 The Carrier shall ensure that any approved subcontractor complies with all applicable obligations under these Terms to the extent relevant to the performance of the Assignment.
7.5 The Carrier shall not advertise, re-post, offer, assign, or otherwise make available any Assignment to any third-party carrier, freight exchange, load board, or similar platform without the Broker's prior written consent.
Clause 8 — Non-Solicitation
8.1 During the Carrier's engagement under these Terms and for twelve (12) months afterwards, the Carrier shall not, without the Broker's prior written consent, directly or indirectly solicit, approach, accept work from, or enter into any contract or other commercial arrangement with any customer of the Broker where the Carrier became aware of that customer through an Assignment or otherwise through its relationship with the Broker.
8.2 The restriction in Clause 8.1 applies whether the Carrier acts on its own behalf or on behalf of any other person or business.
8.3 Nothing in this Clause prevents the Carrier from accepting work from a customer where the Carrier can demonstrate that the customer was an existing customer of the Carrier before the relevant Assignment, or that the Carrier's relationship with that customer was established independently of the Broker and not through any
Confidential Information or business opportunity obtained from the Broker.
8.4 The Carrier acknowledges that the restriction in this Clause is reasonable and necessary to protect the Broker's legitimate business interests, including its customer relationships, goodwill, and Confidential Information.
Clause 9 — Confidentiality
9.1 In this Clause, Confidential Information means information disclosed by one Party to the other in connection with these Terms or an Assignment, including customer identities and contact details, pricing, rates, and commercial arrangements, collection and delivery information, business processes and operating procedures,
and any other information a reasonable person would regard as confidential.
9.2 Each Party shall keep the other Party's Confidential Information confidential and shall not disclose it to any third party, except where disclosure is required by law, is necessary for the proper performance of an Assignment, or is made with the prior written consent of the other Party.
9.3 The Carrier shall use the Broker's Confidential Information solely for the purpose of performingAssignments and for no other purpose.
9.4 Each Party shall take reasonable steps to protect the other Party's Confidential Information against unauthorised access, use, or disclosure.
9.5 This Clause survives the ending of these Terms.
PART C — CHARGES AND PAYMENT
Clause 10 — Rates, Invoicing and Payment
10.1 The charges payable for an Assignment are those specified in the applicable Load Confirmation.
10.2 The Carrier shall submit an invoice only after successful completion of the Assignment, accompanied by the applicable Proof of Delivery and any other reasonably required document, unless otherwise agreed.
10.3 The Broker shall pay all undisputed invoices within the payment period agreed in the Load Confirmation, or if none is stated, within thirty (30) days of the invoice date.
10.4 If the Broker disputes all or part of an invoice, it shall notify the Carrier without undue delay, setting out its reasons. The undisputed portion remains payable in accordance with Clause 10.3.
10.5 Unless otherwise agreed in writing, all charges are exclusive of VAT, which is payable where applicable.
Clause 11 — Cancellation, Waiting Time and Additional Charges
11.1 Where an Assignment is cancelled after the Carrier has accepted the Load Confirmation, reasonable cancellation charges may be payable where agreed by the Parties in writing.
11.2 Waiting time, detention, or other additional charges apply only where agreed by the Parties in writing.
11.3 The Carrier shall notify the Broker without undue delay of any claim for cancellation, waiting time, detention, or other additional charges, with supporting information.
PART D — LIABILITY AND CLAIMS
Clause 12 — Conditions of Carriage and Liability
12.1 The Carrier's liability for loss of, theft of, or damage to goods arising from an Assignment is capped at the limit set out in the Carrier's Conditions of Carriage, as disclosed to the Broker.
12.2 Where the Carrier's Conditions of Carriage contain liability limits or exclusions inconsistent with the requirements of a particular Assignment, the Broker may decline to allocate that Assignment unless otherwise agreed in writing.
12.3 Other than the liability cap in Clause 12.1, the Carrier's Conditions of Carriage shall not amend, override, or limit any obligation owed by the Carrier to the Broker under these Terms unless expressly agreed in writing by the Broker.
Clause 13 — Claims
13.1 The Carrier shall notify the Broker immediately, and in any event as soon as reasonably practicable, upon becoming aware of any loss, damage, shortage, theft, delay, accident, or other incident that may give rise to a claim relating to an Assignment.
13.2 The Carrier shall take all reasonable steps to minimise any loss or damage and shall cooperate fully with the Broker in investigating and resolving any claim.
13.3 Upon request, the Carrier shall provide the Broker with all information and documentation reasonably required in connection with a claim, including photographs, witness statements, delivery documentation, tachograph or telematics data (where available), and correspondence relating to the incident.
13.4 The Carrier shall not admit liability, negotiate, settle, or compromise any claim relating to an Assignment directly with the Broker's customer without the Broker's prior written consent, unless required by law.
13.5 Subject to the liability cap in Clause 12.1 where the claim relates to loss of, theft of, or damage to goods, where the Broker incurs liability to a customer arising from the Carrier's breach of these Terms, negligence, or other act or omission for which the Carrier is legally responsible, the Broker may recover from the Carrier any
amount reasonably paid or payable in respect of that liability.
13.6 Where the Broker incurs additional costs, charges, penalties, or other liabilities from a customer as a direct result of the Carrier's negligence, unreasonable delay, or breach of these Terms, the Broker may recover such amounts from the Carrier, provided reasonable evidence of those losses is supplied.
13.7 The Broker shall notify the Carrier as soon as reasonably practicable after becoming aware of any claim or potential claim received from a customer and, where applicable, within any claims notification period specified in the Carrier's Conditions of Carriage.
PART E — GENERAL
Clause 14 — Suspension and Ending the Arrangement
14.1 The Broker may decline to offer, suspend, or withdraw any Assignment at its reasonable discretion, including where the Carrier is in breach of these Terms or the Carrier Onboarding Form, or where the Broker reasonably considers the Carrier unsuitable to perform further Assignments.
14.2 Either Party may stop working with the other at any time by written notice. This does not affect any Assignment already accepted, or any rights, remedies, obligations, or liabilities accrued before that point, including payment obligations and the provisions of Clauses 8, 9, 12 and 13, each of which continues to apply after these Terms end to the extent stated in those Clauses.
Clause 15 — General Provisions
15.1 Notices.
Any notice or other communication given under these Terms shall be in writing and sent by hand, first-class post, or email to the contact details provided by the other Party. A notice shall be deemed received:
(a) if delivered by hand, on delivery;
(b) if sent by first-class post, on the second Business Day after posting; and
(c) if sent by email, at the time of transmission, provided no delivery failure notification is received.
15.2 Entire Agreement.
These Terms, together with the applicable Load Confirmation and, where completed, the Carrier Onboarding Form, constitute the entire agreement between the Parties in relation to the Carrier's engagement and supersede all prior discussions, negotiations, and representations, whether written or oral.
15.3 Amendments.
The Broker may update these Terms from time to time. The version of these Terms in force at the time a Load Confirmation is accepted shall apply to that Assignment. No other amendment shall be valid unless made in writing and agreed by both Parties.
15.4 Waiver.
No failure or delay by either Party in exercising any right under these Terms shall operate as a waiver of that right.
15.5 Severability.
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.6 Force Majeure.
Neither Party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by an event beyond that Party's reasonable control, including natural disasters, war, terrorism, civil unrest, acts of government, industrial action, or widespread failure of utilities or communications. The affected Party shall notify the other Party as soon as reasonably practicable and use reasonable endeavours to minimise the effects of the event.
515.7 Data Protection.
Each Party shall comply with all applicable data protection legislation, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, in relation to any personal data processed in connection with these Terms.
15.8 Third Party Rights.
A person who is not a Party to an Assignment shall have no right to enforce any term of these Terms under the Contracts (Rights of Third Parties) Act 1999.
15.9 Governing Law and Jurisdiction.
These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
Kivgo Logistics — 42A Salisbury Road, London, E7 9JX, United Kingdom · info@kivgo.uk
Kivgo Logistics is a trading name of Arsen Pankiv, a sole trader.