These terms of engagement set out the terms in which Marine Group Global Services (“MGGS”) agrees to provide the Vessel Owner or Owner’s Rep (“Client”) with details of persons who may be suitable to be employed by the Client as Short Term Crew Members or Long Term Crew Members (as defined below) and the terms upon which “MGGS” will be remunerated if the Client employs any such referred person.
Definitions
- Short Term Crew Member means a Crew Member who is employed, or intended to be employed, by the Client for 30 days or less.
- Long Term Crew Member means a Crew Member who is employed, or intended to be employed, by the Client for 31 days or more
Fees
The Client agrees to pay a Fee to MGGS for the placement of a Crew Member in accordance with the following schedule:
1) Short Term Crew Member (COMPLIMENTARY)
2) Long Term Crew Member – the following Fees apply:
- 75% of one (1) month’s salary for the placed Crew Member
MGGS and the Client agree that the Fee is payable on the due date indicated on the invoice if a person is employed by the Client or any connected party directly or indirectly through MGGS’ introduction. MGGS shall be entitled to charge interest at the rate of 5% per month on any Fee or part thereof that remains unpaid after the due date indicated on the invoice. Should a Crew Member who has been initially introduced and presented to the Client by MGGS be engaged by the Client in employment within a period of one year of the date of that introduction as a Long Term Crew Member, the Client agrees to pay the Fee to MGGS for the placement service. If the Client refers a Crew Member—introduced by MGGS to the Client—to another vessel looking for crew and is subsequently employed by them within a period of one year of that introduction, the Fee will be payable by the Client to MGGS.
Replacement Policy
MGGS offers a replacement guarantee. This applies if a Long Term crew member leaves without cause or is terminated with cause within 90 days of embarkation. It is valid only for placements where the fee was paid within 15 days of the invoice date or crewmember embarkation, whichever occurs first. MGGS will endeavor to find a replacement within the 90-day period of embarkation. Replacement is valid for 365 days after the departure date of a Crew Member still under the 90-day guarantee. It is the responsibility of the Client to notify MGGS within 72 hours of a Crew Member being terminated or resigns.
If MGGS is unsuccessful in replacing the Long Term Crew Member, MGGS agrees to apply the Fee paid by the Client towards the Fee for a future Long Term Crew Member less a 25% administrative fee. This agreement will be valid for 12 months from the termination date. At no time will a refund be issued.
It is the Client’s responsibility to inform MGGS of the date and cause for termination of the Long Term Crew Member and notification must be made to MGGS within 72 hours of termination to be eligible for a credit toward the Fee for the placement of any Crew Member. The replacement policy will not apply if the Long Term Crew Member leaves or is dismissed as result of one or more of the following: a change in captain; a change in the ownership of the yacht; a change in the job responsibilities of the Long Term Crew Member; a decrease in salary of the Long Term Crew Member; a major change in schedule from one given to the Long Term Crew Member at the time of hiring; the arrest or detention of the Vessel.
Terms of Employment
The Client understands that Crew Members hired by the Client are hired at will as employees of the Client and that MGGS cannot be held responsible for the actions of the Crew Member in any circumstance. MGGS bears no responsibility for travel or repatriation costs to and from interviews or employment engagements. All travel arrangements are the sole responsibility of the Client or Crew Member as agreed between them.
Liability
This Agreement shall be governed by and construed in accordance with the laws of the State of California and any dispute arising out of or in connection with this Agreement shall be brought in the courts of the State of California. The Client irrevocably submits to the exclusive jurisdiction of such courts and waives any objection to venue, forum non-conveniens. The laws of the State of California, as supplemented by U.S. Maritime law, shall be applied to any dispute. The prevailing party shall be entitled to its attorney’s fees in any such proceeding initiated for collection purposes.
I have read and understand MGGS’s Terms of Engagement and am authorized to act on behalf of the Vessel’s Owner. Should I hire any of the Crew Members presented to me by MGGS, I agree to pay the Fee in the amount and time specified.