Terms and Conditions The Spa Port

1: Definitions
1.1 Company: The Spa Port Limited, an Irish registered limited company.
1.2 Crew / 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 The Spa Port Limited.
1.3 Registration: The process undertaken by crew seeking work to submit their details to the Company.
1.4 Employer: 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. The Spa Port is not the Employer.
1.5 Website: The Company website is www.thespaport.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. 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 Permanent: 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.
1.9.1 MLC: Means the International Labour Organisation (ILO) Maritime Labour Convention (MLC,2006)

2: Fees
2.1 A fee will be payable to the Company whenever a crew member submitted to an Employer is hired onboard within 1 year of submission
2.2 There are no fees for crew to register and seek employment through the Company.
2.3 Fee percentages payable by the Employer-
• Permanent placement 100% of the first month’s wages
• Temporary placement 25% of all earnings
• In the event a temporary placement becomes permanent the Employer will be invoiced for the temporary fees accrued and the full permanent placement fee too. For example, the temporary fee of 25% of 2 months wages plus the permanent fee of 100% of the first month’s wages.
• Discount for multiple placements when the start dates are within 12 months of each other
• 1st placement – full fee
• 2nd placement, 3rd placement etc – 10% discount
2.4 Crew placement fees are payable within 30 days from the first day of employment for permanent placements and at the end of employment for temporary placements.
2.5 In the event that fees are not paid within 30 days from start day then all discounts are null and void and the invoice reverts to 100% of the first month’s salary. Any credits arising in these situations will be issued at the discretion of the Company.
2.6 All fees paid are non-refundable.
2.7 Known crew –
• Should a crew member be submitted by the Company and be previously known to the Employer, through introduction by another crew agency, it is the responsibility 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.
• Should we not receive notification within 24 hours, and this is flagged up later we will request the introductory email sent by the other crew agency
• Should the introductory email sent by another agency be unavailable we will invoice you for the full fee owed
• Should the Employer also be searching for crew online using web searches or listing services it is the burden of the Employer to disclose the names of any crew member already under consideration. Any crew member submitted by the Company who has not previously been declared by the Employer will be viewed as a valid introduction and fees payable.
• 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
• When a candidate has been placed by the Company in a temporary position should they be employed again within the fleet or another of the owner’s vessels in a temporary or full-time position within 12 months of initial start date that will be considered to be an introduction by the Company and full fees will be invoiced
• When a candidate who has been placed in a temporary position on a yacht or in a fleet who becomes a permanent member of crew on that specific yacht or within the fleet, the yacht is liable for the temporary fees and the permanent placement fee

3: Service Credits for Crew Placement
3.1 Permanent Crew Placement Service Credits
• If the crew member hired leaves prior to 15 days without cause or is terminated with cause a full credit will be made to the Employer’s accounts for use against any future placement in the following 12 months.
3.2 No credits are available for temporary crew placements.
3.3 Service credit limitations
• There is only 1 credit per placement, and the crew member will be replaced on one occasion only
3.4 Service credit is invalid in the following situations
• Change in ownership of the vessel
• Change in Captain
• Over 50% of the crew changing
• Considerable change in schedule from that planned at the time of hire
• Failure by Employer to maintain a safe working environment
• Failure by Employer to maintain a drug free environment
• Failure to pay within 30 day of invoicing
• Failure to notify the Company within 48 hours of departure
• When the Employer is otherwise in default of this agreement

4: Confidentiality Clause
• The Employer agree not to distribute any information received from the Company to any 3rd parties other than for the purpose of reference verification or background checks.

5: MLC Compliancy Requirements
• The Employer agrees to comply with applicable regulations applying to the employment of the Master and Crew including the Maritime Labour Convention, 2006
• The Employer will provide the Company with a template of the standard contract they supply to a member of crew prior to any crew from the Company joining their yacht
• 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
• The Employer will procure insurance cover, specifically personal injury cover and ensure financial security to satisfy the Employer’s financial obligations under the MLC, 2006 e.g., 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 personal injury cover to the Company and confirm that this is in place

6: 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 Employer’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 the Company.

7: Liability
• The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Employer arising from the placement of a crew member. Where the crew member required by law, or any professional body to have any qualifications or authorisations to work in the position which the Employer seeks to fill it is the Employer’s responsibility to verify all qualifications independently.

8: 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.

9: Expenses
• The Employer is responsible for all hiring expenses incurred.

10: Law
• These Terms are governed by the law of Ireland and are subject to the exclusive jurisdiction of the Courts of Ireland.
• If one or more provisions of these general terms and conditions are void or voidable, the remaining provisions will remain in full effect.