TERMS AND CONDITIONS OF BUSINESS FOR THE INTRODUCTION OF CREW
Magnus Yachting d.o.o and crew agency (“www.magnus-yachting.com”) provides a website to facilitate the engagement of qualified personnel for super-yacht owners, operators and agents. By accessing or using the www.magnus-yachting.com website and/or services, you (“the client”) agree to be bound by the terms and conditions.In the event of any conflict arising between these Terms and Conditions and any other terms and conditions or representations or warranties then these Terms and Conditions shall prevail unless they have been expressly altered or amended by a Director of the Company in writing and specifically expressed to be by way of such alteration or amendment.
1. General principles
1.1. Magnus Yachting (hereafter “the Company”) endeavours at all times to comply with its obligations under the Maritime Labour Convention 2006 (MLC) and related primary and secondary EU legislation.
1.2. These terms and conditions should be read in a way that is consistent with the MLC and related legislation at all times and where conflict arises the MLC will take priority.
1.3. The Company does not charge applicants (seafarers) for any fees for recruitment or placement
1.4. The Company obtains details from applicants concerning their qualifications and experience. The Company endeavours to check all information possible. The Company does not use any means, mechanisms or lists to prevent or deter seafarers from gaining employment for which they are qualified. The Company will use its best endeavours to ensure that the applicant is suitable to the Client’s requirements as may be known to the Company, but the Client has the final decision and responsibility in the choice of the applicant he employs.
2.1 ’Crew’: Any person or company submitting their information on the website, making verbal presentation to company personnel ,emailing or faxing personal details or otherwise indicating their desire to find employment through the company.
2.2 ‘Client’: Any person or entity requesting Crew from the Company, including but not limited to the owner of the yacht, the yacht, the captain or any other Crew member or agent or management firm acting on behalf of them. Magnus Yachting is not and will not be the employer of any Crew member at any time. The Client is responsible for all remuneration to the Crew Member.
2.3 ‘MLC’: International Labour Organization (ILO) Maritime Labour Convention 2006, and any successor or amendment treaty to the same.
3. Accuracy of Information – Crew
As a crew member seeking employment you are providing the company with information and warranting such information as an accurate and true representation of your experience and job skills. You further agree that this information may be distributed by the company to third parties without your knowledge for the purposes of finding employment, reference verification or any other purpose deemed appropriate by the company. You agree to indemnify and hold harmless the company from any damages caused through any misrepresentation made.
The Company’s fees for this introduction service for Employers are as follows:
· All permanent placements (over 3 months) will be the equivalent of 100% of the first month’s salary.
· All seasonal placements (up to 3 months) will be the equivalent of 50% of the first month’s salary.
· Temporary placements of up to 30 days will be charged at 25% of the total salary paid. A minimum fee of €250 will be charged.
5. Payment Policy
It is the Client’s responsibility to inform the Company of the conditions of the employment (start date, salary, billing details and VAT status).
Permanent placements: Payment must be received within thirty (30) calendar days from the date of commencement of employment;
Temporary placements: Payment must be received within fourteen (14) calendar days from the date of invoice.
Failure to pay invoices by the due date will result in the loss of warranty. We offer no free trial period on permanent placements. The invoice date will be the employee’s start date. All fees paid are non-refundable. 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.
6. Known Crew
6.1. Should a crew member be submitted by the company and be previously known to the employer, through introduction by another paid placement service, it is the burden of the employer to notify the company within 24 hours of receipt of the candidate’s information. If notification is not received within 24 hours then it shall be viewed as a valid introduction and fees payable regardless of if another invoice is deemed payable by the second agency.
6.2. In situations where the candidate is known of to the employer but the employer did not have the correct contact information a full placement fee is payable.
It is agreed that the company will in no way induce or encourage crew members who are actively employed to seek other employment.Only crewmembers who have activated their registration without our influencewill be considered for employment.
Magnus yachting or any of their employees or representatives shall not be liable under any circumstances for any direct or indirect loss, expense, damage, costs or compensation which may be suffered or incurred by the Client arising from or in any way connected with the Client’s employment of a Crew Member or the Crew Member’s actions or omissions during their employment. Nothing in this Agreement shall exclude liability for death or personal injury.
9. Placement Warranty
Any and all warranties given under this section shall only be valid if the placement fee ispaid in accordance with the payment policy.
Should a candidate introduced by the Company leave the yacht prematurely for any reason, it is the client’s responsibility to inform the Company within 48 hours (including by e-mail) of the candidate’s departure. Failure to do this will incur the normal fee for thisplacement.The Company will then provide a replacement in line with our Terms and Conditions.
The service credit is inapplicable in any of the following cases:
1. Change in ownership of the vessel
2. Change in captain, management or more than 50% of the crew
3. Major change in schedule from that planned at the time of hire
4. Failure by employer to maintain a safe working environment
5. Failure by employer to maintain a drug free workplace
6. Failure to pay within 14 days of invoicing
7. Failure to notify the company’s crew coordinator within 48 hours of crew member departure.
8. When the employer is otherwise in default of this agreement
9. 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; and/or
10. Any breach by the Client, either directly or indirectly, of the MLC and/or related legislation governing labour
There is only one credit per placement. If the Client is not satisfied with the Crew member placed he has a maximum period of 4 weeks from the later date of the start of the employment and/or the date of invoice to:
· raise their concerns with the Company;
· if necessary, terminate the employment of the relevant Crew member employed; and
· request a replacement
For all permanent placements should the applicant leave or be discharged by the Client within a period of 1 month, the Company reserves the right to replace the applicant once at no extra cost to the Client.
· Additionally, it is the Clients responsibility to ensure that the conditions of employment include all the elements of compliance with the MLC 2006 regulation A2.1 regarding Seafarers’ Employment Agreements, if applicable.
Introductions made by the Company are confidential and in the event that an applicant is engaged otherwise than by the Client as a result directly or indirectly of an introduction to the Client within a 12 month period, the Client shall be liable to the Company for all full fees, charges and expenses.
These terms and conditions shall be deemed accepted by employers who place a job order with the company or by crew members who register on the website.No modification to these terms and conditions shall be made unless specifically agreed to in writing. The company reserves the right to change these terms and conditions from time to time and will post the changes on the website and make them available for clients to review upon request. 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 receipt of the Terms and Conditions.
.The employment of any candidate introduced by the Company must be in accordance with the specified flag state rules of the yacht and the MLC 2006 requirements, if applicable. The Client shall have the sole responsibility in ensuring the respect of these regulations and all associated obligations.
· As part of our management quality system, the Company may request appraisal reports for placed seafarers in order to evaluate their performance as well as customer satisfaction and conformity of service.