Terms and conditions


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TERMS OF ENGAGEMENT – EMPLOYER

SUPERYACHT RELIEF LIMITED trading as Relief Engineers.com ("Relief Engineers.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 Relief Engineer.com website and services, you ("the Client") agree to be bound by the terms and conditions.

1. Definitions

  • (a) "Client" shall mean the party to this person or entity who becomes a party to this agreement by registering with Relief Engineers.com and engaging their Services.
  • (b) "Associated Entity" shall mean any person or entity, either directly or indirectly controlled or in control of the Client or otherwise affiliated with the Client, and shall include parties connected by the relationship or Captain/Engineer and Vessel Owner or operator, or agent and principal or and any other person or organisation to which the Engineer is referred by the Client within six (6) months after receiving the Engineers details from Relief Engineers.com.
  • (c) "Engage or Engagement" shall mean to engage as an independent contractor or as an employee the services of an Engineer, either directly or indirectly through any other company or entity, to work on or in connection with any vessel owned or operated by the Client or an Associated Entity.
  • (d) "Commencement Date" shall mean the date on which the Engineer starts performing Services for the Client or an Associated Entity.
  • (e) "Engineer" shall mean any person who, whether directly or through another entity, is registered with Relief Engineers.com and who is Referred to the Client by Relief Engineers.com.
  • (f) "Permanent Positions" shall mean any engagement that is intended at the outset to continue for more than 120 days from the Commencement Date or ends up been varied to continue for more than 60 days, and shall include rotational positions where the Engineer is engaged by the Client regular rotational month (or more) one followed by a period off work and then back to work for the same Client.
  • (g) "Temporary Position" shall mean any engagement of less than 120 days but shall not include rotational positions.
  • (h) "Team member" shall mean any engineer or other crew member engaged my the Client as a result of that persons association with the Engineer where the person and the Engineer have regularly provide services to the same vessel in the past and where the person would have not been engaged by the Client had it not been for their association with the Engineer.
  • (i) "Referred" or "Referral" shall mean the forwarding of contact details of the Engineer by Relief Engineers.com to the Client.
  • (j) "Position Details" shall mean those details, requirements or otherwise, supplied by the Client via the website in relation to a specific vacancy or position.
  • (k) "Client's Criteria" shall mean those details, requirements or otherwise, supplied by the Client via the website upon registration (and as subsequently amended) by the Client.
  • (l) "Successful Engineers" shall be Engineers who meet the Client's Criteria and or Position Details.

SERVICES

  • 2. Relief Engineers shall gather information and availability of Engineers 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.
  • 3. This is an introduction only service and any engagement shall be negotiated and entered into directly between the Client and the Engineer.

FEES

  • 4. If a Successful Engineer or a Team member is engaged by the Client or an Associated Entity with 12 months of the Successful Engineer's details having been forward to the Client then the Fee as set out below (or as otherwise communicated to the Client at the time or Registration or as subsequently amended on notice by Relief Engineers.com) shall become payable.
  • 5. Relief Engineers.com shall charge the Client and the client shall pay Relief Engineers.com:
    • (a) For Permanent Positions the amount equivalent to 75 % of the Engineers gross remuneration for the first month of their engagement, and nothing there after.
    • (b) For Temporary Positions 20 % off the gross remuneration payable to the Engineer.
    • (c) After the Client has engaged an Engineer(s) in a Temporary Position(s) for more than a month whether one or more this is one or more Engineer and on one or more occasion, the following discount to the standard fee shall apply:
      • (c.i) for the period between one and two months 10% off the standard rate; and
      • (c.ii) between two and three months 15% off the standard rate; and
      • (c.iii) three months or more shall be 20% of the standard rate.
  • 6. All fees shall be paid by the Client to Relief Engineers.com over an above the Engineers remuneration and shall not be deducted from the wage the Engineer may have otherwise received. All fees are non refundable.
  • 7. The fee shall be payable in relation to all Engineers engaged by the Client where the Engineer's details are provided to the Client by Relief Engineers.com even if the Engineer was already known to the Client but the Engineer's availability for work the required period was not known. Therefore the Client must ensure that they have exhausted their own contacts prior to requesting the Engineers details be supplied to them.

PAYMENTS

  • 8. Invoices shall be invoices at the end of the period of engagement for temporary Positions and at the end of the first month for Permanent Positions.
  • 9. The Client will pay the Fee which is invoiced by Relief Engineers.com, within fourteen (14) days of receipt of an invoice or the Commencement Date which ever is the earlier.
  • 10. Unless credit facilities are arranged by the Client in advance, the Client must supply full credit card details at the time of registering with Relief Engineers.com, as security for payment, and the Client irrevocably authorises the payment to be charged to credit card if it becomes overdue, without the need for further correspondence or confirmation by the Client. It shall be the Client's responsibility to ensure the appropriate credit card details are provided on an ongoing basis through the Website.
  • 11. All Fees will be subject to VAT charge at applicable rate in New Zealand at the time unless the Client to whom the invoice is issued can prove to the satisfaction of the appropriate VAT Authority that the transaction should be Zero rated or is otherwise exempt for VAT.
  • 12. The Company may charge a 10 % late fee upon an account becoming overdue and thereafter interest calculated at a rate of 2% per month.
  • 13. For the avoidance of doubt, any payments to be made under this Agreement are exclusive of GST or VAT (if any) and any GST or VAT must be added and paid by the person to whom the goods or services are provided.
  • 14. A claim or dispute raised by the Client does not entitle the Client to set-off against, or withhold payment of, any money owed to Relief Engineers.com.
  • 15. The cost of recovering any debt owed by the Client shall be met by the Client.

WARRANTIES

  • 16. Relief Engineers does not give any warranty as to the correctness of any details supplied by the Engineers or otherwise contained on its website or passed on to the Client. Without limiting the forgoing sentence the Client specifically acknowledges that they are aware that no reference checks or independent verification of experience or qualifications has been conducted by Relief Engineers.com and the Client must conduct its own enquires as it deems necessary before engaging the Engineer.
  • 17. Relief Engineers.com will not be liable for any untrue statements or misrepresentations made by the Engineer.
  • 18. All implied terms, conditions or warranties are excluded from this contract to the fullest extent permitted by the law.

CLIENTS OBLIGATION

  • 19. The Client shall ensure that the Clients Criteria and Position Details up-to-date at all times.
  • 20. The Client shall advise Relief Engineers.com immediately after confirming that an Engineer is to be engaged by it or any Associated Entity.

LIABILITY

  • 21. Relief Engineers.com assumes no liability for the costs associated with interviewing, hiring, accommodation, engaging, terminating, repatriating or others associated with engaging the Engineer.
  • 22. The Client:
    • (a) has absolute discretion as to the employment or engagement of the Engineer; and
    • (b) is responsible for all acts and omissions of the Engineer; and
    • (c) is responsible for all remuneration or fees payable to the Engineer.
  • 23. The Company will not be liable for any loss, damage or expense suffered by the Client resulting from the acts or omissions of an Engineer or from any delay or failure by the Relief Engineers to refer an Engineer to the Client.
  • 24. If the Engineer is dismissed by the Client for cause or leaves before the end of the anticipated engagement Relief Engineers.com shall have no obligation to find a replacement or to provide contact details of alternative Engineers.
  • 25. The Client indemnifies Relief Engineers.com against any loss, damage or expenses suffered by them arising from the referral of, or any acts or omissions of, any Engineer, or arising from any breach of these Terms and Conditions.
  • 26. The provisions of clauses 22 to 26 continue to bind the parties after these Terms and Conditions have ceased to apply.
  • 27. While Relief Engineers.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.
  • 28. 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 Engineer.

CONFIDENTIALITY

  • 29. Relief Engineers.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.
  • 30. All information in respect of an Engineer is confidential information imparted to the Client for the sole purpose of enabling the Client to determine whether the Engineer 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.
  • 31. Relief Engineers.com may withhold information know to it about an Engineer if required to do so by the Engineer, International Convention or law.

GENERAL

  • 32. These Terms and Conditions are governed by New Zealand law. Any dispute shall be submitted to the non exclusive jurisdiction of the New Zealand courts.
  • 33. These Terms and Conditions are binding on, and for the benefit of, the successors of the Client and the successors and assigns of Relief Engineers.com.
  • 34. The Client may not assign this agreement without the prior written consent of the Company.
  • 35. These Terms and Conditions, subject to any addition or variation, comprise all of the terms, representations and warranties between the parties and supersedes all prior discussions and agreements covering the subject matter of this agreement.
  • 36. Relief Engineers.com may modify these terms at any time, without prior notice, and such modifications shall be effective immediately upon posting the modified agreement on the website.
  • 37. The Client consents to the disclosure of any information by a third party that is necessary to ascertain the nature or duration of any engagement of an Engineer.
  • 38. Failure to enforce any right does not result in a waiver of such right.
  • 39. As a condition of using any services supplied by Relief Engineers.com, the Client must comply with the Maritime Labour Convention and all anti-discrimination and equal opportunity legislation applicable in the Countries in which the Client conducts business.
  • 40. Relief Engineer.com reserves the right to remove any clients profile or requirements from its website at any time, for any reason without the need for notice or compensation.

TERMS OF ENGAGEMENT – ENGINEER

SUPERYACHT RELIEF LIMITED trading as Relief Engineers.com ("Relief Engineers.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 Relief Engineer.com website and services, you ("the Engineer") agree to be bound by these terms and conditions.

1. Definitions

  • (a) "Engineer" shall mean any person who becomes a party to this agreement by registering with Relief Engineers.com and supplying Engineer Details.
  • (b) "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.
  • (c) "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.
  • (d) "Commencement Date" shall mean the date on which the Engineer starts performing Services for the Vessel Operator or an Associated Entity.
  • (e) "Refer" or "Referral" shall mean the forwarding of contact details of the Engineer by Relief Engineers.com to a Vessel Operator.
  • (f) "Engineer's Details" shall mean those personal details, work experience, work history, qualifications and availability supplied to ReliefEngineers.com by the Engineer.
  • (g) "Vessel Operator's Criteria" shall mean those details, requirements or otherwise, supplied by the Vessel Operator about the Vessel Operator or the specific position.
  • (h) "Match" shall mean when ReliefEngineers.com determines at is discretion an Engineers Details match a Vessel Operator's Criteria.

SERVICES

  • 2. ReliefEngineers.com shall maintain a database of Engineer's Details and Vessel Operator's criteria
  • 3. Where a Match occurs ReliefEngineers.com will provide the Vessel Operator with the Engineers Details.
  • 4. 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 Engineer.

FEES

  • 5. The Engineer recognises that ReleifEngineers.com may charge the Vessel Operator for successful placements of Engineers and the Engineer shall advise ReliefEngineers.com of the terms any engagement with a Vessel Operator or Associated Entity occurs with 12 months of a Referral taking place. The Engineer shall not withhold any information which may prohibit ReliefEngineers.com charging or recovering the appropriate fee from the Vessel Operator or Associated Entity.

WARRANTIES

  • 6. ReliefEngineers.com will not be liable for any untrue statements or misrepresentations made by the Engineer or the Vessel Operators.
  • 7. All implied terms, conditions or warranties are excluded from this contract to the fullest extent permitted by the law.

ENGINEERS OBLIGATION

  • 8. The Engineer shall ensure that the Engineer's Details supplied by them and their availability are keep up-to-date at all times.
  • 9. The Engineers shall not provided any information or information in such away to, or withhold such information whereby in doing so constitutes the supply of incorrect information, half truths or misleading or deceptive conduct.
  • 10. The Engineer shall, within 5 days of accepting Engagement, advise ReliefEngineers.com of the intended duration and remuneration details of the Engagement.

LIABILITY

  • 11. Relief Engineers.com assumes no liability for:
    • (a) Any costs associated with the engagement or applying for the engagement including but not limited to; the costs associated with applying for the Engagement, supplying additional information to the Vessel Operator, travel or accommodation relating to the Engagement.
    • (b) Payment of any money due to the Engineer from a Vessel Operator or any other party in relation to the Engagement.
    • (c) Termination of the Engagement by the Vessel Operator.
    • (d) Decisions or actions of the Vessel Operator and is not acting as agent for the Vessel Operator.
  • 12. The Engineer acknowledges that the entity Engaging the Engineer:
    • (a) has absolute discretion as to the employment or engagement of the Engineer or not; and
    • (b) is responsible for all remuneration or fees payable to the Engineer.
  • 13. The provisions of clauses 11 13 and 16 to 25 continue to bind the parties after these Terms and Conditions have ceased to apply.
  • 14. While Relief Engineers.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.

CONFIDENTIALITY AND RELEASE OF INFORMATION

  • 15. The Engineer authorise ReliefEngineers.com to release the Engineers Details to the Vessel Owner or Associated Enitity where a Match has occurred.
  • 16. Relief Engineers.com may withhold information known to it about an Engineer or Vessel Operator if required to do so by the Engineer, International Convention or law.
  • 17. The Engineer shall have access to all confidential information supplied to it by the Engineer and shall be entitled to correct such information at any time prior to it being relied on.
  • 18. The Engineer may request their Engineer's Details be removed from the database at any time with no less than 5 days notice in writing.

GENERAL

  • 19. These Terms and Conditions are governed by New Zealand law. Any dispute shall be submitted to the non exclusive jurisdiction of the New Zealand courts.
  • 20. These Terms and Conditions are binding on, and for the benefit of, the successors of the Engineer and the successors and assigns of Relief Engineers.com.
  • 21. The Engineer may not assign this agreement without the prior written consent of the ReliefEngineers.com.
  • 22. These Terms and Conditions, subject to any addition or variation, comprise all of the terms, representations and warranties between the parties and supersedes all prior discussions and agreements covering the subject matter of this agreement.
  • 23. Relief Engineers.com may modify these terms at any time, without prior notice, and such modifications shall be effective immediately upon posting the modified agreement on the website.
  • 24. Failure to enforce any right does not result in a waiver of such right.
  • 25. Relief Engineer.com reserves the right to remove any Engineers profile or availability from its website at any time, for any reason without the need for notice or compensation.