Driver Services Agreement

PenPenGo Driver Services Agreement

1. Purpose of Agreement

This Agreement governs the Driver’s access to and use of the PenpenGo platform, which connects Drivers with customers seeking transport, delivery, or related services.

PenpenGo operates solely as a technology provider and does not provide transportation or delivery services.

2. Relationship of Parties

The Driver is engaged as an independent contractor.

Nothing in this Agreement creates employment, partnership, or joint venture.

The Driver has full control over how services are performed.

3. Platform Role (Limitation of Liability)

PenpenGo provides a digital marketplace, booking tools, and communication tools.

PenpenGo does NOT own vehicles, employ drivers, or guarantee services.

PenpenGo is not liable for accidents, injuries, or damages.

4. Driver Responsibilities

Vehicle

• Maintain a roadworthy vehicle
• Ensure valid registration and permits

Insurance

• Maintain valid insurance (including third-party liability)
• Provide proof upon request

Safety

• Ensure passenger and public safety
• Follow all traffic laws
• No driving under influence of drugs and/or alcohol

5. Subscription Model

Drivers pay a subscription fee for access to the PenPenGo platform.

Fees are non-refundable unless required by law.

Fees shall be decided by PenPenGo and increase shall happen without prior notice.

If a subscriber is unhappy with the fees they have 30 days to exit the platform with no liability to both parties.

6. Payments

Customers pay Drivers directly.

Drivers are responsible for collecting and reporting income.

7. Compliance

Drivers must comply with all applicable laws in Liberia.

8. Conduct

Drivers must follow platform rules.

PenpenGo may suspend accounts for violations.

9. Termination

PenpenGo may terminate access for breaches or safety issues.

Subscriber may choose to appeal termination of account within 30 days. Failure to do so the account data access will be permanently deleted.

10. Indemnity

Driver indemnifies PenpenGo from claims related to vehicle use or negligence.

11. Governing Law

This Agreement is governed by the laws of Liberia.

Compliance with Laws and Regulatory Requirements

The Driver acknowledges and agrees that they are solely responsible for complying with all applicable laws and regulations of the Republic of Liberia, including but not limited to:

• Transport and road traffic regulations issued by the Ministry of Transport of Liberia
• Vehicle registration, licensing, and roadworthiness requirements
• Insurance obligations, including third-party liability insurance where applicable
• Municipal or local authority permits required to operate commercial transport services
• Tax obligations, including income tax and any applicable local levies

The Driver further agrees that PenPenGo operates solely as a technology platform and does not provide transportation services. The Driver assumes full responsibility for all operational compliance and any penalties, fines, or liabilities arising from non-compliance with Liberian laws.

Independent Contractor Relationship

The Driver is engaged as an independent contractor and not as an employee, agent, or partner of PenPenGo. Nothing in this Agreement shall be construed to create an employment relationship under the laws of Liberia.

The Driver is solely responsible for their own equipment, vehicle, fuel, insurance, and operational expenses, and shall not be entitled to any employment benefits under Liberian labor laws.

12. Insurance and Liability

The Driver shall, at their own cost, maintain valid and adequate insurance coverage as required under Liberian law, including but not limited to third-party liability insurance.

PenPenGo shall not be liable for:

• Any accidents, injuries, or damages arising from the Driver’s operations
• Loss or damage to the Driver’s vehicle or property
• Claims made by passengers or third parties arising from transport services

The Driver agrees to indemnify and hold harmless PenPenGo from any claims, liabilities, damages, or expenses arising out of or related to the Driver’s activities.

13. Dispute Resolution and Arbitration

Good Faith Negotiation

The Parties shall first attempt to resolve any dispute, controversy, or claim arising out of or in connection with this Agreement through good faith negotiations within fourteen (14) days.

Local Arbitration (Primary Mechanism)

If the dispute is not resolved through negotiation, it shall be referred to arbitration in Monrovia, Republic of Liberia.

• The arbitration shall be conducted by a single arbitrator
• The arbitrator shall be appointed by mutual agreement of the Parties or in accordance with applicable arbitration procedures in Liberia
• The language of arbitration shall be English
• The arbitral award shall be final and binding on the Parties

International Arbitration (Optional – At PenPenGo’s Election Only)

Notwithstanding Clause 2, PenPenGo reserves the exclusive right, at its sole discretion, to refer any dispute to international arbitration where:

• The dispute involves fraud, misconduct, or reputational risk
• The dispute involves cross-border elements
• The dispute exceeds a material financial threshold as determined by PenPenGo
• Enforcement of a local arbitral award may be impractical or ineffective

Such arbitration shall be conducted under the rules of the London Court of International Arbitration (LCIA), or another internationally recognized arbitration body selected by PenPenGo.

The seat of arbitration shall be London, United Kingdom, and the proceedings shall be conducted in English.

The arbitral award shall be final and binding and may be enforced in any jurisdiction.

14. Interim Relief

Nothing in this clause shall prevent PenPenGo from seeking interim or injunctive relief in any court of competent jurisdiction, including courts in the Republic of Liberia.

15. Data Protection, Digital Assets, and Privacy

Data Collection and Purpose Limitation

PenPenGo shall collect, process, and store personal data of Drivers and Riders solely for the purpose of facilitating ride services, communication between users, payment processing, safety, and platform functionality.

PenPenGo shall not use personal data for any unrelated purpose without the prior consent of the data subject, except where required by applicable laws of the Republic of Liberia.

Data Security and Encryption

PenPenGo shall implement reasonable and appropriate technical and organizational measures to protect personal data against unauthorized access, loss, misuse, or alteration. Such measures shall include, where appropriate, encryption, secure data storage, and access controls.

However, the Driver acknowledges that no system is completely secure, and PenPenGo does not guarantee absolute protection against all cybersecurity threats.

Access and Confidentiality

Access to personal data shall be restricted to authorized personnel, systems, or service providers strictly for operational purposes. PenPenGo shall take reasonable steps to ensure that any third-party service providers adhere to appropriate data protection and confidentiality obligations.

Prohibition on Unauthorized Use by Drivers

The Driver shall not collect, store, share, or use Rider personal data obtained through the PenPenGo platform for any purpose outside the provision of services under this Agreement.

Any misuse of Rider data by the Driver shall constitute a material breach of this Agreement and may result in immediate suspension or termination.

Legal Disclosure and Compliance

PenPenGo may disclose personal data to government authorities, law enforcement agencies, or regulatory bodies in the Republic of Liberia where:

• Such disclosure is required by law
• A valid court order, warrant, or lawful request is issued
• Disclosure is necessary for national security, public safety, or prevention of fraud or criminal activity

PenPenGo shall, where legally permissible, take reasonable steps to ensure that such requests are valid and proportionate.

Limitation of Liability

To the extent permitted by applicable law, PenPenGo shall not be liable for any indirect, incidental, or consequential damages arising from unauthorized access to data, provided that PenPenGo has implemented reasonable security measures in accordance with this clause.

Data Retention

PenPenGo shall retain personal data only for as long as necessary to fulfill the purposes outlined in this Agreement or as required by applicable law in Liberia.

PenPenGo may adopt internationally recognized information security standards and frameworks, including but not limited to ISO/IEC 27001 or equivalent, where commercially reasonable.

16. Local Service Provider Relationship

PenPenGo may engage third-party service providers within the Republic of Liberia to support operational activities, including but not limited to driver onboarding, verification, and local coordination.

Such service providers act solely as independent contractors and do not have authority to:

• Enter into contracts on behalf of PenPenGo
• Bind PenPenGo to any legal obligations
• Represent PenPenGo as a locally registered entity

All contractual relationships between Drivers and PenPenGo shall remain directly with PenPenGo as a technology platform provider.

17. No Obligation of Local Establishment

Nothing in this Agreement or in the engagement of any local service provider shall be construed as creating a partnership, joint venture, agency relationship with authority to bind PenPenGo, or a permanent establishment in the Republic of Liberia.

PenPenGo reserves the right to establish a local entity in Liberia at its discretion as operations scale.

18. Acceptance