CLIENT TERMS & CONDITIONS

1. INTRODUCTION

 

These Terms and Conditions set out the terms on which Warren Maritime “WM” agrees to provide the Client with details of persons who may be suitable to be employed by the Client as Temporary and Full Time Term (as defined below) and the terms upon which “WM” will be remunerated if the Client employs any such referred person.

Definitions in this Terms and Conditions:

Crew Member – means a person employed by the Client as a direct or indirect result of the efforts of WM.

Client – means a person or entity requesting WM to provide crew members.

Consequential Loss – means consequential or indirect loss under applicable law; and direct or indirect loss of use, contract, revenue, or (anticipated) profit, howsoever caused; whether or not foreseeable at the effective date of this T&C.

Fee – means the fee payable to WM by the Client for the placement of a Crew Member, in accordance with Clause 4 below.

Gross salary – means the Crew Member’s salary gross of any taxes, fees or deductions of any kind.

MLC – means the Maritime Labour Convention (MLC2006) and any amendment thereto or substitution thereof.

Temporary Term – means a Crew Member who is employed or intended to be employed by the Client for 90 days or less.

Full Time Term – means a Crew Member who is employed or intended to be employed by the Client for more than 90 days including rotational employment.

Ship Owner – shall mean the party named as “Ship owner” on the Maritime Certificate for the Vessel.

2. THE CONTRACT & DISPUTE RESOLUTION

This contract is between yourself, the CLIENT, and Warren Maritime.

This contract shall be governed by and construed in accordance with Spanish Law and any dispute arising out of or in connection with this contract shall be referred to arbitration in Spain or any statutory modification or re-enactment thereof save to the extent necessary to give effect to the provisions of this Clause.

3. AGREEMENT & ACCEPTANCE

Your acceptance to these terms and conditions will be deemed to take effect and accepted by you as soon as have one of the following.

  1. Have received your signed yacht details form and signed T&C’s if a new client.
  2. Not heard to any indifference of disagreement within 48 hours if a returning client.
  3. WM begin to search for crew on your behalf at your urgent request by email.

Our terms and conditions are legally binding, and you agree to be bound by the covenants and clauses contained herein.

This contract is binding even when a rotational Head of Department is signing the acceptance of the terms.

Notifications – The Client agrees to notify WM promptly:

3.1 Of any offers of employment tendered to a person introduced by WM.

3.2 Whether the offer has been accepted.

3.3 The details of any accepted offer including the Crew Member’s name, start date, position of employment, location of employment and Gross salary.

3.4 If a short term or temporary Crew Member’s employment is extended into the next employment bracket. 

3.5 The Client must notify WM within 24 hours if a CV offered to the Client had been already previously received from another agent with the time and date where possible.

4. our fee policy

Following a request from the Client, WM will pass the curriculum vitaes or other relevant details of any available persons who are known to WM and that WM believe may be suitable to meet the requirements of the Client.

 

The Client agrees to pay to WM for the placement of a Crew Member in accordance with the following schedule:

  • Full-Time (over 90 days), the fee due is 75% of one (1) month’s gross salary.
  • Temporary (1-90 days including trial periods) 20% of the total earnings based on gross salary (subject to a minimum charge of 250€).

All fees are subject to 21% IVA in addition of the quoted price. Exceptions apply for companies held in the EU or any other foreign companies not registered in Spain, those companies must present VAT registration number.

Additional invoices will be issued if the candidate is rehired for future dates, or the Crew Member stays on board longer than agreed for Temporary Terms.

WM vets all registered candidates by conducting interviews, reference verifications and attempts to ensure that candidate’s certificates are valid and up to date. WM does not perform criminal checks.

5. PAYMENT OF FEES

WM and the Client agree that its fee is payable if a person is employed by the Client or any connected party directly or indirectly through WM’s introduction.

WM will issue an invoice to the Client for the fee and the client agrees to pay WM by the due date indicated on the invoice.

On placements with a lead-time of 4 weeks or more, a percentage of 20% of the overall fee shall be due to secure the selection. Once the Crew Member has begun then remaining fee request shall be payable as per below.

Our remaining fees become due and payable in full to WM within twenty-one (21) days from the candidate start date on board, in order to comply with the warranty period offered (please see clause 6), whether on a trial period (trial periods should be advised at the onset of vacancy request). Payments can be made by either transfer or credit card. Late payments will carry a payment fee of 10% of the overall amount outstanding per month. This will be invoiced separately and payable immediately.

Should a Crew Member who has been initially introduced and presented to the Client by WM be engaged by the Client in employment within a period of one year of the date of that introduction, either as a Temporary or Full Time Term Crew Member, the Client agrees to pay the Fee to WM for the service provided each time the Crew Member is hired.

If a Crew Member who has been introduced to a Client is referred to or their curriculum vitae is provided to another vessel looking for crew and is subsequently employed by them within a period of one year of that introduction the fee will be payable by the Client to WM.

Administration fees:

WM prides itself in making the selection process for clients a simpler refined experience and therefore spend time seeking the best candidates to fit the criteria supplied by the client.

Should we have provided suitable candidates during our search, fitting the specified criteria and there is not a successful outcome without the client offering good reason for not wanting to or being able to employ the selected candidates, there shall be a minor administration fee of 300€ per month applied to all searches should the search end without one of these suitable candidates being hired during this process of selection. Should a candidate be employed during the following 12 months by the client this fee will be deductible from the placement fee.

 

HEADHUNTING

In line with executive shore-based employment agencies if a client wishes to us specifically HEADHUNT a suitable candidate for their role for a Captains or Head of Department then WM shall work on the following system and secure candidates based on whether they are actively looking or not to tempt to the new yacht/position. A retainer payment of 30% of one month’s gross salary to obtain this service and a final payment once job offered (by receiving some of the fee upfront, agencies can afford to spend more time on finding the very best candidate, remaining superbly professional).

6. WARRANTY & REPLACEMENT ON CREW

Provided WM invoice has been paid by the due date, if a Full Time Term voluntarily leaves the Client’s employ without just cause or is dismissed for just cause within 60 days of the start date of their employment, WM will make reasonable endeavours to replace, on one occasion only, that Full Time Term Crew Member, without any Fee payable by the Client.

If WM is unsuccessful in replacing the Full Time, The Client agree to the following credit: valid for 12 months:

  1. A) 100% if candidate was dismissed/leaves within the first month of employment start date.
  2. B) 75% credit if candidate was dismissed/leaves within the second month of employment start date.

If the Client chooses to engage the services of a replacement candidate through another source within 24 hours and without notifying WM thus giving WM, the opportunity to find a replacement the credit will be void.

It’s the Client responsibility to inform WM of the date and cause for termination of the Full Time Term Crew Member and notification must be made to WM within 24 hours of termination to be eligible for a credit toward the Fee for the placement of any Crew Member.

The replacement policy will not apply if the Full Time Term. Crew Member leaves or is dismissed as results of:

  1. WM’s fee has not been paid in full by the due date (21 days after starting date on board). A Temporary Term fee will be issued.
  2. WM is not advised within twenty-four (24) hours of termination or resignation.
  3. Working conditions are not normal and there has been no un-notified change of captain, change in the beneficial ownership of the yacht, change of job description/responsibilities, working hours or terms originally put forward to the candidate as presented to WM, rotations are not applicable, and/or arrest or detention of the yacht.

The same warranty applies where there is a prolonged period from the acceptance of a candidate to the start date where the candidate decides through no fault of the client, not to start the position and the criteria at (A to C) above have been complied with.

WM promotes safe working conditions for all crew Members and can terminate this warranty should the yacht and/or the working conditions be deemed unsafe.

CV from another source:

WM send CV’s after full discussion where possible with suitable candidates to assess their actual interest in the vacancy. In general, the candidate may only be aware of the vacancy due to the initial interaction of WM.

In the case where a CV has been presented to the manager/captain/owners representative for a vacancy and the management/captain/owners representative choose to not send this CV to the employer this CV remains the ownership of WM and we register our sending of the candidate and the recognised interest of the candidate.

Should this same candidate appear from another source to the owner/hirer via the management/captain/owner’s representative or CSP after this initial sending date from WM we shall require proof of date received by the recipient and in turn a commission for any successful employment which may occur.

In the case whereby a candidate has had discussion with WM regarding a vacancy (and despite every effort being made to not offer the yacht name/client/hirer, etc … ) the candidate tries to work out the yard/yacht/management/client and the candidate themselves than contact these persons to register their interest. In this instance, the CV and candidate are still registered as being supplied by WM for the period listed in these terms.

7. TERMS OF EMPLOYMENT, LIABILITY & EXPENSES

The Client understands the Crew Members hired by the Client are hired at will as employees of the Client and that WM cannot be held responsible for the action of the Crew Member in any circumstance. It is also understood that the Crew Member are under no contract with WM, and that all taxes and employment eligibility requirements are the exclusive responsibility of the Client and Crew Member.

 

WM is not responsible for travel or repatriation costs to and from interviews or employment engagements. All travel arrangements are the sole responsibility of the Client or Crew Member as agreed between them.

 

The Client agrees to comply with applicable regulations applying to the employment of the Master and Crew Maritime Labour Convention, 2006.

For commercially registered yachts, the Client agrees:

7.1 To ensure compliance with the MLC 2006 in respect of the Crew placed by WM.

7.2 To procure insurance cover or financial security to satisfy the Ship owner’s financial security obligations under the MLC 2006.

7.3 The client shall provide the MLC certificate related to the yacht where possible.

 

WM shall be under no liability whatsoever to the Client for any loss, damage or delay howsoever arising in the course of the Services or any task in any way connected with the Services (Losses), UNLESS the same is proved to have resulted solely from the wilful misconduct of WM; in such case, WM’s liability for each incident or series of incidents shall never exceed the Fee (or the annual Fee, when applicable) payable hereunder (Capped Amount). For the purpose of this provision, wilful misconduct means a personal act or omission committed with the intent to cause harm to people or damage to property, with knowledge that such act or omission would probably result in same. The Client shall protect, defend, indemnify and hold WM and its affiliates companies harmless from and against all claims, demands, proceedings, fines, costs, taxes and expenses in connection to the Losses regardless of cause, to the exception of the Capped Amount and from and against Consequential Loss, regardless of cause.

8. DATA-PROTECTION LAWS

The Client acknowledges that WM is subject to Data Protection laws and expressly agrees that WM will process the Client’s data including any Client and crew’s personal data (as defined under the Data Protection Act 1998 and following updates) as necessary to perform the Services or any other services WM may propose. WM shall:

a) Allow the Client reasonable access to personal data, as necessary to ensure its compliance with the above.
b) Provide the Client a copy of their processed personal data upon reasonable request.
c) Rectify without delay any inaccurate personal data which has been notified by the Client.
d) will not pass on the personal contact details or CV or candidates without the agreement and awareness of Warren Maritime.

9. QUALITY ASSURED SERVICE

Every effort will be made to meet your recruitment needs. If for any reason there is any aspect of our service that you feel is not meeting your expectations, please speak to us and we will try our very best to correct the matter immediately.