TERMS AND CONDITIONS – EMPLOYER
SuperYacht Rotation (“superyachtrotation.com”) provides a website to facilitate the engagement of Engineers and other qualified personnel by Superyacht owners, operators and agents.
By accessing or using the superyachtrotation.com website and services, you (“the Client”) agree to be bound by the terms and conditions.
1.1 Company: SuperYacht Rotation (www.superyachtrotation.com)
1.2 Crew / crew member: Any person submitting their information via website, email, through verbal presentation to the company or otherwise indicating their desire to find employment through SuperYacht Rotation.
1.3 Registration: The process undertaken by crew seeking work to submit their details to the company.
1.4 Client: Any person or corporation requesting crew from the company, the employer can be the owner of the yacht, the yacht, the captain or any other crew member or agent or management firm acting on behalf of them. SuperYacht Rotation is not the employer.
1.5 Website: The company website superyachtrotation.com
1.6 Job Order: A request to find crew received by the employer
1.7 Submitted or submittal: The forwarding of or presentation of crew from the company to the employer by any means and valid for 12 months from the date of submission. So should you place a candidate we have sent within 12 months from the date of submission you will be liable for the full fee.
1.8 Full-time: Any position which does not have a fixed end date or intended employment of longer than 90 days
1.9 Temporary: Any position which has a fixed end date of employment less than 90 days
1.1.1 MLC: Means the International Labour Organisation (ILO) Maritime Labour Convention (MLC,2006)
1.1.2 Services SuperYachtrotation.com shall gather information and availability of crew and provide the Client with appropriate contact details of Successful Engineers who confirm that they wish to be considered for the position offered by the Client.
1.1.3 This is an introduction only service and any engagement shall be negotiated and entered into directly between the Client and the Crew Member.
2. Fee Policy
2.1 The provision of the Service will be subject to the payment of an appropriate placement fee calculated on the following basis:
Full-time Placements (Crew employed for a period exceeding three (3) months): The fee will be one 75% of one (1) month’s gross salary.
Temporary Placements (Crew employed on a daily, weekly or monthly basis up to three (3) months): The fee will be 20% of the accumulated salary earned for the period(s) employed subject to a minimum charge of €200.
2.2 In the event that any Crew introduced by us to the Client are employed or re-employed directly by the Client (with or without our involvement) within the period of one (1) year from the date of our initial introduction of the Crew, the Client will be charged the applicable placement fee in accordance with the fee policy.
2.3 In the event the Client obtains any information and/or documentation pertaining to the Crew from another source prior to our initial introduction the Client must inform us immediately. We reserve the right to claim the introduction and any applicable placement fee should the Client decide to use the information and/or documentation provided by us in favour of that provided by the other source.
3. Payment Policy
3.1 Unless credit is already established with the Client, the Client’s full credit card details will be required in advance of securing a placement. The client is therefore obliged to supply the necessary credit card information in order to make this possible. Payment will only be charged to the credit card if full payment is not received in accordance with this clause 3.
3.2 A surcharge of 2% of any placement fee will be applied when payment is made by credit card (VISA or MASTERCARD).
3.3 Full-time Placements: Payment must be received within thirty (30) calendar days from the date of commencement of employment.
3.4 Temporary placements: Payment must be received within fourteen (14) calendar days from the date of invoice.
3.5 In the event that a temporary placement is extended beyond the period for which the placement fee was originally calculated, we will issue an additional invoice for the shortfall due to us in accordance with the fee policy. All placements will be charged for the period(s) employed, in accordance with the fee policy.
3.6 All placement fees with SuperYacht Rotation are VAT exempt.
3.7 The Client has a maximum period of 6 weeks from the date of invoice to raise concern about the crew placed and take appropriate actions and terminate the employment of the placed crew in order to be eligible to a replacement.
3.8 If Payment is not received within thirty (30) calendar days from the date of invoice, and The Client is not satisfied with the Crew member Placed, The Client should raise their concerns, terminate the current Crew employed and request a replacement, or a 20% charge of the overall earning of the placed crew will be charged.
4. Placement Warranty
4.1 Subject to strict compliance by the Client with the provisions of clause 4.2,
(a) Full Time Placement Warranty
Should the placement leave without just cause or be dismissed with just cause within six (6) months and after three (3) months then a seasonal placement fee will be charged and the balance of the full time placement fee will be kept as credit for any future new placement for a period no longer than twelve (12) months.
(b) Temporary Placement Warranty
No temporary placement warranty is given. Fees are calculated on a time on-board basis.
4.2 The Warranty shall only be valid if the placement fee is paid in accordance with the payment policy (clause 3.3) and provided that we have been notified by the Client in writing (by e-mail) within five (5) working days from the date on which the employment was terminated. Should we not provide a replacement or the client finds replacement by other ways, paid fees will be kept as credit for any future new placement for a period no longer than twelve (12) months.
4.3 The Warranty may be invalidated at our discretion in the event of the following:
(a) Change of ownership of the yacht on which the Crew is/are employed,
(b) Any major change in schedule from that planned at the time of the employment of the Crew,
(c) Change of Captain or of the management company resulting in the termination of the employment of any Crew introduced by us,
(d) Failure by the Client to maintain a safe working environment for the Crew, or
(e) Any other occurrence materially affecting the conditions of employment of the Crew, including a material change in the Client’s requirements (job description, required qualifications and the like) without prior notice to us.
5. Confidentiality Clause
5.1 superyachtrotation.com will keep confidential all information imparted by the Client which relates to the business of the Client and which the Client declares is confidential or may otherwise be reasonable expected to be confidential. The client specifically acknowledges that information marked as to be disclosed to successful Engineers (either on the website or otherwise) shall not be considered confidential.
5.2 All information in respect of an crew member is confidential information imparted to the Client for the sole purpose of enabling the Client to determine whether the crew member is suitable for engagement. The Client will keep such information confidential and will not use it for any purpose other the verification of information supplied.
• 5.3 superyachtrotation.com may withhold information know to it about an crew member if required to do so by the crew member, International Convention or law.
6. MLC Compliancy Requirements
6.1 The Client agrees to comply with applicable regulations applying to the employment of the Master and Crew including the Maritime Labour Convention, 2006
• To ensure the employer is compliant with the MLC, 2006 in respect of the Crew placed by SuperYacht Rotation
• Will provide SuperYacht Rotation with a template of the standard contract they supply to a member of crew prior to any crew from SuperYacht Rotation joining their yacht
• To ensure that the employer is also compliant with specified flag state rules
• Specifically the crew member is given the opportunity to examine their employment contract prior to signing and starting work on the vessel and once satisfied and has signed their employment contract is given their own personal copy
• To procure insurance cover, specifically P&I Cover or ensure financial security to satisfy the employers’s financial obligations under the MLC, 2006 eg to cover the cost of repatriation or to return the crew member to the port where they first joined the employer
• To provide a copy of the P&I Cover to SuperYacht Rotation and confirm that this is in place
7. Crew Information
• Crew members are responsible for the accuracy of information on their CV’s and the information contained within their profiles on the company database. Whilst reasonable efforts are made to verify the accuracy of information submitted by crew members the company accepts no responsibility should this information be inaccurate or any consequences resulting from inaccurate information. It is the client’s responsibility to verify all qualifications independently as soon as the crew member joins the vessel. Failure to do so is a failure on the yacht’s part not SuperYacht Rotation’s. The company operates in accordance to all discrimination laws and legislation.
8.1. SuperYacht Rotation (superyachtrotation.com) assumes no liability for the costs associated with interviewing, hiring, accommodation, engaging, terminating, repatriating or others associated with engaging the crew.
8.2. The Client:
• has absolute discretion as to the employment or engagement of the crew member
• is responsible for all acts and omissions of the crew member
• is responsible for all remuneration or fees payable to the crew member.
8.3. The Company will not be liable for any loss, damage or expense suffered by the Client resulting from the acts or omissions of a crew member or from any delay or failure by the crew to refer an crew memberto the Client.
8.4. If the crew member is dismissed by the Client for cause or leaves before the end of the anticipated engagement superyachtrotation.com shall have no obligation to find a replacement or to provide contact details of alternative crew members.
8.5. The Client indemnifies superyachtrotation.com against any loss, damage or expenses suffered by them arising from the referral of, or any acts or omissions of, any crew member, or arising from any breach of these Terms and Conditions.
8.6. The provisions of clauses 8.2 to 8.6 continue to bind the parties after these Terms and Conditions have ceased to apply.
8.7. While superyachtrotation.com endeavours to respond to queries promptly and maintain an operational website at all times it shall not be liable for failure to do so.
8.8. In the event that Liability can not be excluded it shall be limited to the Fee paid by the Client in relation to the relevant crew member.
9. Non Solicitation Clause
• The company agrees to not approach crew members currently employed by the employer. Should crew members approach the company directly via phone call, email or other form of communication seeking employment that will not constitute solicitation.
• The employer is responsible for all hiring expenses incurred.
• Receiving these Terms and Conditions via post or email will be considered an acceptance of the contents contained within unless otherwise indicated by the client within 48 hours of receiving the Terms and Conditions. The company reserves the right to change these terms periodically. The client will be sent the updated Terms and Conditions and has the right to re-negotiate the terms should they prove unsatisfactory.
• These Terms are governed by the law of England & Wales and are subject to the exclusive jurisdiction of the Courts of England & Wales.
13.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected.
13.2 Words denoting the singular include the plural and vice versa, and words denoting the masculine include the feminine and neuter and vice versa.
13.3 Failure by us to enforce any right does not result in waiver of such right.
13.4 Nothing in these Terms shall confer or purport to confer any right or benefit on any third party.
13.5 We reserve the right to amend these Terms from time to time.
TERMS AND CONDITIONS – CREW MEMBER
SuperYacht Rotation (“superyachtrotation.com”) provides a website to facilitate the engagement of crew members and other qualified personnel by Superyacht owners, operators and agents.
By accessing or using the superyachtrotation.com website and services, you (“the Crew Member”) agree to be bound by these terms and conditions.
1.1 Company: SuperYacht Rotation (www.superyachtrotation.com)
1.2 Crew / crew member: Any person submitting their information via website, email, through verbal presentation to the company or otherwise indicating their desire to find employment through SuperYacht Rotation (superyachtrotation.com)
1.3“Associated Entity” shall mean any person or entity, either directly or indirectly controlled or in control of Vessel Operator or otherwise affiliated with the Vessel Operator, and shall include the vessel owner, or where the Vessel Operator is acting as agent the principal.
1.4 “Engage or Engagement” shall mean to be engage as an independent contractor or as an employee, either directly or indirectly through any other company or entity, to work on or in connection with any Vessel Operator or an Associated Entity.
1.5 “Commencement Date” shall mean the date on which the crew member starts performing Services for the Vessel Operator or an Associated Entity.
1.6 “Refer” or “Referral” shall mean the forwarding of contact details of the crew member by superyachtrotation.com to a Vessel Operator.
1.7 “Crew Details” shall mean those personal details, work experience, work history, qualifications and availability supplied tosuperyachtrotation.com by the crew member.
1.8 “Vessel Operator’s Criteria” shall mean those details, requirements or otherwise, supplied by the Vessel Operator about the Vessel Operator or the specific position.
1.9 “Match” shall mean when superyachtrotation.com determines at is discretion a crew members Details match a Vessel Operator’s Criteria.
2.1 superyachtrotation.com shall maintain a database of Crew’s Details and Vessel Operator’s criteria
2.2 Where a Match occurs superyachtrotation.com will provide the Vessel Operator with the crew members Details.
2.3 This is an introduction only service and any Engagement shall be negotiated and entered into directly between the Vessel Operator (or Associated Enity) and the crew member.
3.1 The crew member recognises that superyachtrotation.com may charge the Vessel Operator for successful placements of crew members and the crew member shall advise superyachtrotation.com of the terms any engagement with a Vessel Operator or Associated Entity occurs with 12 months of a Referral taking place. The crew member shall not withhold any information which may prohibit superyachtrotation.com charging or recovering the appropriate fee from the Vessel Operator or Associated Entity.
• 4.1. superyachtrotation.com will not be liable for any untrue statements or misrepresentations made by the crew member or the Vessel Operators.
• 7. All implied terms, conditions or warranties are excluded from this contract to the fullest extent permitted by the law.