CLIENT TERMS AND CONDITIONS
This agreement is entered into on as "Client" and Leticia Van Allen in the representation of VAN ALLEN CREW SL, located at Teodoro Llorent 4, Palma de Mallorca, Spain tax number B57228314 as "Agency".
For the provision of professional or skilled Candidates.
1. SERVICES
The client wishes to contract with Agency for the services of the Agency in providing professional or skilled candidates in the general fields of yachting [the "services"].
Agency is ready, willing, and able to provide such services as may be required by the Client.
In consideration of the matters described above, and of the mutual benefits and obligations set forth in this agreement, the parties agree as follows.
Agency understands and agrees that services to be provided to Client under and pursuant to this agreement shall be so provided on a day-to-day, as-needed, basis and that Client in its sole discretion shall determine its need, if any, for services or the continuation of services as may be provided by Agency under and pursuant to this agreement.
Agency agrees to provide services upon the request of Client.
When requesting services, the Client shall specify the Candidate classification(s) required; the applicable rate for each specified Candidate classification; and the duration of services applicable to the request, including beginning date(s) and, when applicable, ending date(s).
The Client shall have sole discretion to establish the minimum qualifications necessary for the performance of any service to be rendered under and pursuant to this agreement. Further, if at any time and at its sole discretion, Client determines that the services performed under and pursuant to this agreement by any of the persons provided by Agency are not satisfactory, Client will so notify Agency in writing and Agency shall immediately withdraw such individual and, at Client's option, furnish an individual who meets the qualifications required.
2. PRIVACY STATEMENT
In accordance with the provisions of the current legislation on Personal Data Protection, we hereby inform you that your data will be incorporated into the processing system owned by the Agency, In compliance with the current legislation, the Agency also informs you that the data will be kept for the legally established period of time.
By means of this clause, you are also informed that the data will, if necessary, be disclosed to public administrations and any other entities when such disclosure is necessary in order to fulfill the provision of the above-mentioned service. Failure to provide the data to these entities will mean that the provision of the services covered by this contract cannot be fulfilled.
The Agency also informs you that it will process the data in a lawful, honest, transparent, appropriate, relevant, limited, accurate and updated manner. The Agency, therefore, undertakes to take all reasonable measures to ensure that they will be deleted or rectified without delay when they are inaccurate.
In accordance with the rights conferred on you by the current legislation on Personal Data Protection, you may exercise the rights of access, rectification, limitation of processing, deletion, portability and opposition by sending your request to the postal address indicated above or by writing an email to. You may contact the competent Supervisory Authority to submit any claim you deem appropriate.
We are committed to protecting your privacy. Authorised employees within the company on a need to know basis only use any information collected from Client. We constantly review our systems and data to ensure the best possible service to our customers.
3. CONFIDENTIALITY
Agency agrees that: all knowledge and information that Agency may receive from Client or employees or consultants of yacht, or by virtue of the performance of services under and pursuant to this agreement, relating to, future plans, or technical data that belong to yacht or to those with whom yacht has contracted regarding such information, and
all information provided by Agency Client in reports of work done, together with any other information acquired or gained by Agency or by Agency-supplied workers, shall for all time and for all purposes be regarded by Agency as strictly confidential and held by Agency in confidence, and solely for Clients benefit and use, and shall not be used by Agency or directly or indirectly disclosed by Agency to any person whatsoever excepting to Client or with Client's written permission.
4. PAYMENT
Payment for services provided to Client under and pursuant to this agreement shall be 10 days from the start date of the Candidate or all warranty rights are waived.
Placement Fees: Fees payable to Agency is earned each time a Candidate is employed within one year from the date that the Candidate was referred to the Client.
Permanent - A fee equal to 75% of a monthly salary with a three (3) month warranty of replacement at no extra cost starting from the first the day Candidate joins the vessel.
Seasonal - After one (1) month and up to three (3) months fee equal to 60% of a monthly salary with a one (1) month warranty of replacement at no extra cost.
Temporary - A fee equal to 25 % of the daily rate will be charged each time Candidate is hired for periods under one month until such time that the total amount equals a permanent placement fee. (The three-month replacement warranty does not apply). Subject to a minimum charge of €200.00. If temporary crew become permanent crew, the fee will be based as per (3.2.1) above, less any temporary fees paid to date. The three (3) month warranty is in effect from the first day the Candidate joined the yacht.
Payment by credit card will incur a 2% surcharge allocated when processing the credit card payment.
5. RESUME SUBMISSION
It is agreed that it is the Client's responsibility to inform Agency of any duplicate Candidate resumes previously known or received by the Client within 48 hours of receipt, otherwise, the Client will be obligated to Agency for payment due of placement fees regardless of any alternate source of Candidates received or time of receipt.
6. WARRANTY
Agency will replace any Permanent crew member at no additional fee should the crew member leave the Client or be discharged for cause, within three (3) months from the first day of employment after the following has been adhered to:
Agency is notified within five (5) days of crew member leaving the yacht;
The Client has met all terms of the agreement.
7. DISCLAIMER
We have checked the references that the Candidate has supplied us and disclosed all findings to the Client to the best of our knowledge and ability. This is the extent of our investigation, however, the Client may pursue the investigation further as deems necessary. Agency disclaims any further responsibility of the Candidate regarding past, present or future actions.
8. ASSIGNMENT
The rights and obligations of the Agency under this agreement are personal to Agency and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the company.
9. ENTIRE AGREEMENT
Upon acceptance and receipt of any resume or referral of Candidate resulting in a placement, the above fees and terms are considered accepted, legal and binding with or without signature of this agreement up to one full year of first receiving any said resumes or referral, directly or indirectly.
This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement.
10. LINKS TO THIS WEBSITE
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk.
11. LINKS FROM THIS WEBSITE
We do not monitor or review the content of other parties' websites that are linked from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
12. COPYRIGHT NOTICE
a. Copyright and other relevant intellectual property rights exist on all text relating to the Company»s services and the full content of this website.
13. ASSIGNMENT
a. The rights and obligations of Agency under this agreement are personal to Agency and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of company.
14. GOVERNING LAW
This agreement shall be governed by and construed under the laws of Spain. The parties agree that any controversy or claim arising out of or relating to this agreement or its enforcement, arbitrability or interpretation, shall be submitted to, and determined by, final and binding exclusive jurisdiction of the courts of Palma de Mallorca
This agreement is entered into today, between you as "Client" and Leticia Van Allen S.L, Van Allen Crew Agency, Palma de Mallorca, Spain as Agency. For the provision of professional or skilled candidates.
