Driver-Partner Agreement

This Driver-Partner Service Agreement ("Agreement") is entered into between:

Sankat Mochan Sajilo Yatra Pvt. Ltd. (Registration No. 368115/81/82) ("Company," "SubhYatra," "we," "us," or "our"), a company registered under the laws of Nepal, operating the SubhYatra ride-hailing platform with technology developed by Nexalaris Tech Pvt. Ltd. (Registration No. 354796/81/82)

AND

The Driver-Partner ("Driver," "you," or "your"), an individual who has registered to provide transportation services through the SubhYatra platform.

"App" means the SubhYatra mobile application through which Services are accessed.

"Commission" means the percentage of each Fare retained by SubhYatra as service fee.

"Driver Score" means the performance rating assigned to you based on the scoring criteria.

"Fare" means the total amount charged to a passenger for a ride.

"Platform" means the SubhYatra technology infrastructure including the App and backend systems.

"Ride" means a transportation service provided to a passenger through the Platform.

"Services" means the technology services provided by SubhYatra to facilitate ride connections.

"Vehicle" means the motor vehicle registered by you for providing transportation services.

2.1 Independent Contractor Status

• You are an independent contractor, NOT an employee of SubhYatra
• This Agreement does not create an employer-employee relationship
• You are free to determine your working hours and availability
• You may provide services to other platforms simultaneously
• SubhYatra does not direct or control the manner of your transportation services

2.2 No Employment Benefits

As an independent contractor, you:

• Are not entitled to employment benefits (insurance, leave, etc.)
• Are responsible for your own taxes and social security contributions
• Bear all costs associated with operating your vehicle
• Make independent business decisions regarding your services

2.3 Platform as Intermediary

• SubhYatra is a technology platform connecting passengers with drivers
• The transportation contract is directly between you and the passenger
• SubhYatra facilitates but does not provide transportation services

3.1 Driver Requirements

To register as a Driver-Partner, you must:

• Be at least 21 years of age
• Hold a valid driving license for at least one (1) year
• Have no criminal record for serious offenses
• Pass SubhYatra's background verification process
• Be physically and mentally fit to operate a vehicle
• Not be prohibited from driving under Nepal law

3.2 Vehicle Requirements

Your vehicle must:

• Be registered in Nepal with valid registration documents
• Have valid insurance (comprehensive recommended)
• Pass vehicle fitness inspection (Bluebook valid)
• Be in good mechanical condition
• Meet SubhYatra's vehicle age requirements:
• Bikes: Maximum 5 years old
• Cars: Maximum 8 years old
• Be clean and well-maintained

3.3 Documentation Required

You must provide and maintain valid:

• Citizenship certificate or national ID
• Driving license (appropriate category)
• Vehicle registration certificate (Bluebook)
• Vehicle insurance certificate
• Pollution Under Control (PUC) certificate
• Recent passport-size photograph
• Any other documents required by provincial regulations

3.4 Ongoing Compliance

You must maintain all eligibility requirements throughout your partnership with SubhYatra.

4.1 Application Process

1. Download the SubhYatra App and register
2. Submit required documents for verification
3. Complete profile with accurate information
4. Await verification and approval

4.2 Verification

SubhYatra will verify:

• Identity documents
• Driving license validity
• Vehicle documents
• Background check (where legally permitted)

4.3 Approval

• Approval is at SubhYatra's sole discretion
• Not all applicants will be approved
• Approval may be conditional or provisional
• SubhYatra may request additional documents

4.4 Account Activation

Upon approval:

• Your driver account will be activated
• You will receive onboarding information
• You may begin accepting ride requests

5.1 Service Standards

You agree to:

• Provide safe, professional transportation services
• Maintain a courteous and respectful demeanor
• Follow optimal routes unless passenger requests otherwise
• Keep your vehicle clean and presentable
• Ensure passenger comfort during rides
• Comply with all traffic laws and regulations

5.2 Availability and Acceptance

• You control when you go online and accept rides
• Ride requests are offered, not mandated
• Consistent decline or ignore patterns affect your Driver Score
• You must honor accepted ride requests

5.3 Safety Requirements

You must:

• Never drive under the influence of alcohol or drugs
• Not use mobile phones while driving (except hands-free navigation)
• Ensure passengers wear seatbelts (where applicable)
• Follow safe driving practices at all times
• Report any accidents or safety incidents immediately

5.4 Prohibited Conduct

You shall NOT:

• Discriminate against passengers based on any protected characteristic
• Harass, threaten, or abuse passengers
• Solicit passengers outside the Platform
• Manipulate GPS or location data
• Accept cash payments different from app-displayed fare
• Cancel rides after arriving at pickup without valid reason
• Engage in any illegal activity during rides
• Share passenger personal information with third parties
• Make unauthorized stops during rides
• Request passengers to cancel rides

5.5 Vehicle Maintenance

You are responsible for:

• Regular vehicle maintenance and servicing
• Ensuring vehicle is roadworthy at all times
• Fuel, repairs, and associated costs
• Vehicle cleanliness and hygiene

6.1 Fare Structure

• Fares are calculated by SubhYatra based on distance and vehicle type
• Fare rates are published in the App and may be updated
• You agree to charge passengers only the fare shown in the App

6.2 Commission Rates

6.3 Incentive Eligibility

To qualify for reduced 13% commission:

• Maintain a perfect Driver Score (100) for 7 consecutive days
• Complete minimum weekly rides (Bike: 15, Car: 8)
• Have no unresolved issues or complaints

6.4 Earnings Calculation

Your earnings per ride = Gross Fare - Platform Commission

6.5 Cash Collection

• Currently, all fares are collected in cash from passengers
• You must collect the exact fare shown in the App
• You must mark cash as collected in the App after receiving payment
• Discrepancies will be investigated

6.6 Reconciliation

• SubhYatra tracks all earnings through the Platform
• Commission amounts are recorded per ride
• Reconciliation and settlement processes will be communicated separately

7.1 Purpose

The Driver Score system ensures service quality and fair ride allocation.

7.2 Score Range

• Score range: 0 to 100
• Initial score for new drivers: 75
• Score precision: 0.5 points

7.3 Score Impacts

7.4 Driver Tiers

7.5 Intercity Eligibility

To accept intercity rides, you must:

• Have a Driver Score of 80 or above
• Have completed at least 30 rides
• Have opted-in for intercity service
• Meet vehicle requirements for intercity travel

7.6 Score Recovery

• Consistent good performance increases your score
• Score is evaluated daily
• Weekly performance reviews may affect tier status

8.1 Dispatch System

SubhYatra uses an automated dispatch system to allocate rides based on:

• Proximity to pickup location (45% weight)
• Acceptance rate (25% weight)
• Idle time (15% weight)
• Passenger rating (10% weight)

8.2 Ride Request Timeout

• City rides: 15-20 seconds to respond
• Intercity rides: 30-45 seconds to respond
• No response = automatic decline (affects score)

8.3 Ride Locking

• Once you accept a ride, it is locked to you
• Double-acceptance is prevented by the system
• Accepting commits you to completing the ride

8.4 No Guaranteed Rides

• SubhYatra does not guarantee any minimum number of rides
• Ride availability depends on passenger demand
• You compete with other drivers for ride allocations

9.1 Driver-Initiated Cancellation

You may cancel a ride only for legitimate reasons:

• Safety concerns
• Passenger no-show after waiting period
• Passenger misconduct
• Emergency situations
• Vehicle breakdown

9.2 Cancellation Penalties

• Cancellations negatively impact your Driver Score
• Excessive cancellations may result in temporary deactivation
• Pattern of cancellations will be investigated

9.3 No-Show Procedure

If passenger doesn't arrive:

1. Wait at pickup location for designated time
2. Attempt to contact passenger through App
3. If no response, mark as no-show in App
4. Document the situation if possible

10.1 Your Insurance Obligations

You must maintain:

• Valid vehicle insurance as required by Nepal law
• Comprehensive insurance is strongly recommended
• Insurance covering third-party liability

10.2 Liability Allocation

• You are liable for accidents caused by your negligence
• You are responsible for passenger safety during rides
• SubhYatra is not liable for your driving actions
• SubhYatra is not liable for vehicle-related incidents

10.3 Indemnification

You agree to indemnify SubhYatra against claims arising from:

• Your transportation services
• Accidents or injuries during your rides
• Your violation of laws or this Agreement
• Damage to passenger property

10.4 SubhYatra's Limited Liability

SubhYatra's liability is limited to:

• Platform functionality issues
• Errors in fare calculation (will be corrected)
• App malfunctions directly attributable to SubhYatra

11.1 Passenger Information

• Passenger data is confidential
• You may only use passenger contact for ride-related communication
• You must not store or share passenger information
• Post-ride contact with passengers is prohibited

11.2 Your Data

• SubhYatra collects data as described in the Privacy Policy
• Location tracking is required during online hours
• Ride data is used for quality and dispute resolution

11.3 Non-Disclosure

You agree not to disclose:

• SubhYatra's business information
• Fare algorithms or commission structures to competitors
• Any proprietary Platform information

12.1 Grounds for Suspension

SubhYatra may suspend your account for:

• Violation of this Agreement
• Driver Score falling below 60
• Passenger complaints or safety concerns
• Fraudulent activity
• Document expiry
• Investigation of serious incidents

12.2 Grounds for Permanent Deactivation

Your account may be permanently deactivated for:

• Serious safety violations
• Criminal activity
• Repeated violations after warnings
• Fraud or manipulation
• Violence or threats against passengers
• Drug or alcohol use while driving
• GPS spoofing or manipulation

12.3 Suspension Process

1. Notification of suspension and reason
2. Opportunity to respond (for non-safety issues)
3. Investigation if applicable
4. Decision communicated within reasonable time

12.4 Appeal Process

• You may appeal deactivation decisions
• Appeals must be submitted within 14 days
• Appeals are reviewed by SubhYatra management
• Decision on appeal is final

13.1 Termination by Driver

You may terminate this Agreement at any time by:

• Deactivating your driver account
• Providing written notice to SubhYatra
• Ceasing to use the Platform

13.2 Termination by SubhYatra

SubhYatra may terminate this Agreement:

• For cause (violation of terms)
• Without cause with 30 days' notice
• Immediately for serious violations

13.3 Effect of Termination

Upon termination:

• Your access to the Platform will be revoked
• Pending earnings will be settled per normal process
• Confidentiality obligations continue
• You must cease using SubhYatra branding

13.4 No Termination Compensation

No compensation is payable upon termination except earned amounts.

14.1 Informal Resolution

Disputes should first be raised with SubhYatra support for informal resolution.

14.2 Governing Law

This Agreement is governed by the laws of Nepal.

14.3 Jurisdiction

Disputes shall be subject to the exclusive jurisdiction of courts in Kathmandu, Nepal.

14.4 Mediation

Parties agree to attempt mediation before litigation for disputes over NPR 100,000.

15.1 Transportation Laws

You must comply with:

• Motor Vehicles and Transport Management Act, 2049
• Applicable provincial ride-hailing regulations
• Traffic rules and regulations
• Any future regulations applicable to ride-sharing

15.2 Tax Obligations

You are responsible for:

• Registering for taxes if required
• Filing tax returns
• Paying applicable taxes on your earnings
• Maintaining financial records

15.3 Regulatory Changes

• SubhYatra will communicate relevant regulatory changes
• You must comply with new requirements within specified timeframes
• Failure to comply may result in account restrictions

16.1 Right to Modify

SubhYatra reserves the right to modify this Agreement.

16.2 Notification

• Material changes will be notified via App or email
• Changes effective upon notification or specified date
• Continued use constitutes acceptance

16.3 Disagreement with Changes

If you disagree with changes:

• You may terminate your account
• Previous terms do not apply after change effective date

17.1 Entire Agreement

This Agreement, together with the Terms of Service and Privacy Policy, constitutes the entire agreement.

17.2 Severability

If any provision is unenforceable, remaining provisions remain in effect.

17.3 No Waiver

Failure to enforce any provision does not constitute waiver.

17.4 Assignment

You may not assign this Agreement. SubhYatra may assign freely.

17.5 Language

This Agreement is in English. English version prevails in case of translation conflicts.

17.6 Notices

Notices will be sent to the email/phone registered in your account.

Service Operator:

Sankat Mochan Sajilo Yatra Pvt. Ltd.

• Registration: 368115/81/82
• Driver Support: drivers@subhyatranepal.com
• General Support: support@subhyatranepal.com
• Phone: +977 9855042503
• Address: Chandrapur, Rauthad, Madhesh Province, Nepal
• Website: https://subhyatranepal.com

Technology Partner:

Nexalaris Tech Pvt. Ltd.

• Email: contact@nexalaris.com
• Phone: +977 9814846711

By registering as a Driver-Partner on SubhYatra, you acknowledge that you have read, understood, and agree to be bound by this Driver-Partner Agreement.

Electronic Acceptance:

Clicking "I Accept" or "Register as Driver" constitutes your electronic signature and acceptance of this Agreement, which is legally binding under Nepal's Electronic Transaction Act, 2063.

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This Agreement complies with Nepal's Motor Vehicles and Transport Management Act 2049, Individual Privacy Act 2075, Electronic Transaction Act 2063, and applicable provincial ride-hailing regulations.