Terms of Use

1. The Service
1.1 Yacht Crew™ (“we” & “us”) is a trading name of Global Lux a UK limited company specialising in the provision of professional yachting personnel (“Personnel”) to prospective employers, their representatives and/or agents (“Client”). Our role is that of a personnel introduction agency (“the Service”). We only introduce Personnel to the Client and any employment agreement or contract (whether made orally or in writing) entered into by the Client and any Personnel following an introduction by us and remains the sole responsibility of the Client.
1.2 The provision of the Service is subject to the written acceptance (by email or fax) of the Terms & Conditions contained herein (“Terms”). By entering into business with us the Client is deemed to have accepted these Terms.
1.3 Although we make every effort as part of the Service to interview Personnel and verify their details, references and/or qualifications, we strongly recommend that the Client conducts its own investigations before entering into an employment agreement or contract with the Personnel.
1.4 Any information and/or documentation (including, but not limited to, CVs, contact details, qualifications etc) pertaining to any Personnel introduced by us to the Client is for the sole use of the Client and must not be disclosed to any third parties without our express written approval.

2. Fee Policy
2.1 Request for crew search is free. Service charges are applied following your selection and appointment of a candidate provided by (us) Yacht Crew™. Following successful candidate placement, the provision of the Service will be subject to the payment of a placement fee calculated on the following basis:
(a) All Placements (except Temporary): The fee is charged at nine point five percent (9.5%) of equivalent annual gross salary. This is lowered to 7.5% with a Yacht Crew™ customer account.
(b) Temporary Placements: The fee will be nineteen point five percent (19.5%) of the accumulated monies earned for the period(s) employed subject to a minimum charge of £350. This is lowered to 14.5% with a Yacht Crew™ customer account.

Notes to section 2.1:

• Equivalent gross annual salary refers to annual salary / full financial package detailed on employee’s contract.
• Temporary classed as: Personnel employed on an ad-hoc, daily, weekly or monthly basis up to three (3) months employment, e.g. contractors, delivery crew and other self employed.
• Should the candidate we supply be kept in employment over 3months (includes breaking employment and re-hire), the difference will be charged as per standard placement fee (9.5% or 7.5% with account). We rely on your honesty.
• A credit card number will be held for all temporary placements and will be charged following 30days of non-invoice payable.
• Where agreed with you provision of additional admin to search & placement service e.g. for accommodation, meals etc or a daily per diem will be quoted and charged separately
• UK VAT will be added to the invoice, if you require a non-VAT invoice please advise

Five percent (5%) of your invoiced value pre tax will be donated to ocean based charities as part of our “giving back to the oceans” programme. We deduct this from the fee paid (i.e. we do not add this to our charges on your invoice).

Customer Accounts:
Contact-Us for details of our employer accounts.

Customer Account clients benefit from a reduction in service charge rate applied to each category from the standard list price, this applies across all fee categories, as follows:
(a) All Placements (except Temporary): From 9.5% to 7.5%
(b) Temporary Placements: From 19.5% to 14.5%.

To apply for a Yacht Crew™ customer account: Yacht Crew™ – Account Application Form

2.2 In the event that any Personnel 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 Personnel, the Client will be charged the applicable placement fee in accordance with the Fee Policy. The charge will be based on the new annual gross salary as signed and agreed by the Personnel employed.
2.3 In the event the Client obtains any information and/or documentation pertaining to the Personnel 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 the Client is known to us, the Client’s full credit card details will be required in advance of securing a placement. Payment will only be charged to the credit card if full payment is not received in accordance with our invoice terms.
3.2 Requested method of payment as per invoice is via bank transfer (BACS or CHAPS). Account details are provided on the footer of the invoice.
3.3 A surcharge of 2.5% of any placement fee will be applied when payment is made by credit card (VISA or MASTERCARD) or 3.5% if made by AMEX (American Express) against the total invoice amount.
3.4 Placements: Payment must be received within twenty eight (28) calendar days from the date of commencement of employment. Means Categories 1, 2 and 3 as described in clause 2. Fee policy)
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 are subject to VAT charged at 20% unless the Client to whom our invoice is to be addressed can prove to the satisfaction of the appropriate VAT authorities his “ZERO” rated VAT status in which case a “ZERO” rated VAT invoice will be issued.
3.7 Refunds will be returned within twenty eight (28) calendar days from the termination of the placement.

4. Placement Warranty
4.1 Subject to strict compliance by the Client with the provisions of clause 4.2,
(a) Warranty
We provide a 60day warranty on all placements (excluding temporary hires) meaning that we will provide free search and placement of replacement candidate should you not be satisfied with your original hire.
Warranty applies when the placement is in continuous employment greater than 60 days. 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 refunded.
Should the placement leave without just cause or be dismissed with just cause within ninety (90) days then a temporary placement fee will be charged and the balance of the full time placement fee will be refunded.
(c) Temporary Placement Warranty
No temporary placement warranty is given. Fees are calculated on a pro-rata rate basis (see 2.2.1.d)
4.2 The Warranty shall only be valid if the placement fee is paid in accordance with the Payment Policy (clause 3) and provided that we have been notified by the Client in writing (by fax or 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 fee 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 Personnel is / are employed,
(b) Any major change in schedule from that planned at the time of the employment of the Personnel,
(c) Change of Captain or of the management company resulting in the termination of the employment of any Personnel introduced by us,
(d) Failure by the Client to maintain a safe working environment for the Personnel, or
(e) Any other occurrence materially affecting the conditions of employment of the Personnel, including a material change in the Client’s requirements (job description, required qualifications and the like) without prior notice to us.
4.4 Warranty replacement search and hire is only valid for application one time to replace the original hire. Any further agreement will be solely at our discretion.

5. Liability
5.1 All liability, whether in contract, tort or otherwise, for any loss, damage, cost or expense, is hereby excluded to the fullest extent permitted by law.
5.2 We will not be liable to you in respect of any losses arising out of any event or events beyond our control. We do not and will not hold any responsibility for the action of crew / personnel through engagement of employment or any other method of engagement.
5.3 We will not be liable to you in respect of any business losses, or personal losses including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, assets or goodwill.

6. Jurisdiction
6.1 Any dispute arising out of or in connection with these Terms shall be submitted to the non-exclusive jurisdiction of the English Courts (UK, England & Wales) where English law applies.
6.2 We, and the Client, irrevocably agree that any legal suit, action or proceedings (‘Proceedings’) arising out of or in connection with these Terms may be brought in such courts as referred to in clause 6.1, at the option of the party taking Proceedings, and hereby waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.
6.3 The foregoing notwithstanding, we may bring or commence proceedings in rem saum to obtain security, seizure, arrest or any other similar remedy against any property belonging to the Client in any other state or jurisdiction.

7. General
7.1 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.
7.2 Words denoting the singular include the plural and vice versa, and words denoting the masculine include the feminine and neuter and vice versa.
7.3 Failure by us to enforce any right does not result in waiver of such right.
7.4 Nothing in these Terms shall confer or purport to confer any right or benefit on any third party.
7.5 We reserve the right to amend these Terms from time to time.
7.6 Users of yacht-crew.net and the offered service are forbidden to use information provided by us in creation of services relating to yacht crew and yacht personnel recruitment services, agency, or assisting any other individual or corporate body to run such an operation in any such way at any time.
7.7. Yacht owner’s details and any other information provided must not be passed to any other person under any circumstances. Any breach of this requirement will result in possible legal action. This specifically includes crew, prospective job seekers.
7.8 ‘Terms of Use’, means also ‘Terms & Conditions’, ‘Agreement of Business’ and any other phrase pertaining to the recruitment and hiring of people.
7.9 These terms and conditions [together with our privacy policy,] constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Last Revision: April 2012
A copy of our Terms and Conditions is available on request.

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