Aviso Agency

Crew Terms and Conditions.

 

This agreement (this “Agreement”) is made between Aviso Limited (“Aviso”) and the individual, partnership, company or other incorporated or unincorporated legal entity submitting this application (“You” or “Your”).

1) Introduction

a) Aviso operates an employment agency and subject to the terms and conditions of this Agreement is willing to hold Your details and to submit them to Employer Clients in relation to Vacancies.

b) Aviso is also willing, subject to the terms and conditions of this Agreement to allow You to review Vacancies which Aviso advertises on its website or mobile application from time to time (each an “Aviso Site”).

2) Commencement and Duration

This Agreement will commence at the date and time of the written confirmation from Aviso to the Employer Client confirming acceptance of the application and will continue in force until and unless terminated by either party in accordance with paragraph 10 below.

3) Vacancies

a) In consideration for Your agreement to all the terms and conditions of this Agreement Aviso will from time to time and in accordance with the terms and conditions of this Agreement make the details of Vacancies available to You and or submit Your details to its Employer Clients in relation to Vacancies for which Aviso considers You suitable.

b) When You register as a Candidate Aviso does not represent, warrant or undertake to find a suitable Vacancy for You.

c) When Introducing You to any of its an Employer Clients, Aviso is acting on behalf of that Employer Client and is acting as an employment agency as defined in the Regulations.

d) If following Your Introduction to an Employer Client that Employer Client offers You an Engagement that Employer Client will be your employer or client for the purposes of that Engagement.

e) Aviso will not be Your employer or client in relation to any engagement.

4) Fees and payment

a) Aviso’s fees are paid by the Employer Clients in relation to any Engagement.

b) Aviso will not pay You to attend any meeting or interview with an Employer Client or any other party, nor will Aviso provide You with travel expenses for any such meeting.

c) If You secure an Engagement from one of Aviso’s Employer Clients that Employer Client (and not Aviso) will be due to pay You all amounts due for that Engagement.

5) Registering with Aviso as a Candidate

a) You agree that by registering with Aviso as a Candidate:

i) You have confirmed Your consent for Aviso to hold and process Your details, including “personal information,” as defined by the Data Protection Act 1998;

ii) That all the details which You provide to Aviso, and in particular Your identity and Your professional, technical and other experience, expertise and qualifications, professional and other memberships and any other attributes are as described by You;

iii) That any referees whose details You provide, other than those You advise in writing are Your current employer, may be approached by Aviso for a reference as to Your suitability for employment including for a Vacancy

iv) That you will fully disclose to Aviso any restriction, sanction, loss or reduction of qualification which You had detailed to Aviso;

v) That You will disclose to Aviso all matters relating to criminal convictions, and or travel restrictions and or medical history or status which may have a bearing on Your suitability and or availability for Vacancies

vi) That You have confirmed that in addition to obtaining references in accordance with iii) above Aviso and or its Employer Clients may seek to verify any information provided by You and that where relevant Aviso and in connection with an offer of an Engagement any of its Employer Clients may obtain credit reference reports upon You or any company owned by You and through which You wish to be Engaged for the relevant Vacany;

vii) That You consent to Aviso holding, storing and processing Your personal information for the purposes of this Agreement, including:

(1) the provision of that personal information to their relevant Employer Clients as described above; and

(2) The processing, holding and storing of some or all of that personal information including “sensitive personal data” as defined by the Data Protection Act 1988 outside of the European Economic Area (“EEA”) for the purposes of communicating it to a relevant Employer Client who is outside of the EEA and or because Aviso’s data storage and processing arrangements may from time to time be located outside of the EEA.

6) Obtaining an Engagement

a) If we submit Your details for a Vacancy and the relevant Employer Client wishes to meet or discuss the Vacancy with You, You must advise Aviso immediately if You do not wish to participate any further as a Candidate in the recruitment process for that Vacancy.

b) If an Employer Client offers You an Engagement You must satisfy Yourself that it is appropriate for You to accept that Engagement before doing so and in particular You should satisfy Yourself as to the terms and conditions of that Employment. Aviso can assist in seeking clarification of details from the Employer Client but cannot offer You employment law or other legal advice in relation to any agreement for the Engagement

7) Using an Aviso Site

a) You agree that when using any Aviso Site You will comply with all the terms and conditions relating to use of that Aviso Site that are posted on that Aviso Site at the time of each such visit by You.

b) You will notify Aviso immediately on the occurrence of the any of the following events:

i) You accept an offer of employment from an Employer Client of Aviso;

ii) You start an Engagement with an Employer Client;

iii) Any change in captaincy or of 50% or more of the crew;

iv) Any material change in the schedule of the vessel from that provided with the Vacancy or immediately prior to the vessel’s departure;

c) You agree that if You accept any Engagement with an Employer Client You shall be deemed thereby to have confirmed to Aviso that you are not aware of any matter which would cause detriment to You or that Employer Client by doing so.

8) Confidentiality

a) All Introductions are confidential. All work undertaken by Aviso for You in respect of the Introduction of a Candidate to You will be for Your private and confidential use only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of Aviso.

b) Each Party (‘Receiving Party’) will keep the confidential information of the other Party (‘Supplying Party’) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party will only use the confidential information of the Supplying Party for the Purpose and for performing the Receiving Party’s obligations under this Agreement. The Receiving Party will inform its officers, employees and agents of the Receiving Party’s obligations under the provisions of this paragraph 8 (b) and ensure that the Receiving Party’s officers, employees and agents meet those obligations.

c) The obligations of Clause will not apply to any information which:

i) was known to or in the possession of the Receiving Party before it was provided to the Receiving Party by the Providing Party;

ii) is, or becomes, publicly available through no fault of the Receiving Party;

d) is provided to the Receiving Party without restriction on disclosure by a third party who did not breach any confidentiality obligations by making such a disclosure;

e) was developed by the Receiving Party, or on its behalf by a third party who had no direct access to, or use or knowledge of the confidential information supplied by the Supplying Party; or

f) is required to be disclosed by order of a court, regulator or government agency of competent jurisdiction.

g) The obligations in this paragraph 8 will survive termination of this Agreement for a period of 3 years.

9) Warranties, liability and indemnities

a) You accept and agree that Aviso gives no warranty as to the suitability of any Vacancy for You or of You for any Vacancy.

b) Neither Aviso nor any of its staff will be liable to You for any loss, injury, damage, expense or delay incurred or suffered by You arising directly or indirectly from or in any way connected with the Your involvement in the recruitment process for any Vacancy or of Your acceptance of any Engagement with any Employer Client.

c) In particular, but without limiting the generality of the foregoing, Aviso will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:

i) any failure of the Vacancy or Engagement to meet Your expectations or requirements; or;

ii) any act or omission of an Employer Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or

iii) any loss, injury, damage, expense or delay suffered by a Candidate.

d) Except in the case of death or personal injury caused by Aviso’s negligence, the liability of Aviso under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed an amount equal to 50% of the fee paid to Aviso by the Employer Client in relation to Your Engagement.

e) Aviso will not be liable to You whether in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by You of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

f) You will indemnify and hold harmless Aviso from and against all Claims and Losses arising from loss, damage, liability, injury to Aviso, its employees and third parties, by reason of or arising out of:

i)any loss, injury, expense or delay suffered or incurred by an Employer Client, however caused, and/or

ii) any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an Employer Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise,

iii) that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with the Introduction, Engagement , the withdrawal by You from any Vacancy, any information supplied by You to Aviso or Your breach of this Agreement. ‘Claims’ will mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and ‘Losses’ will mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.

g) You agree that in entering into this Agreement, You do not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.

10) Termination

a) Without prejudice to the other remedies or rights either You or Aviso may terminate this Agreement immediately upon service of notice in writing to the other.

b) You or Aviso may serve that notice by first class post or by email to the addresses provided on the Aviso Site or to the last addresses which You supplied to Aviso.

11) Force Majeure.

a) Neither party will have any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that Party. The Party affected by such circumstances will promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than six months, either Party may terminate this Agreement by written notice to the other Party.

12) Variation

a) No amendment or variation of this Agreement will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party.

13) Assignment

a) You may not assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of Your rights and or obligations under this Agreement without Aviso’s prior written agreement.

14) Whole Agreement.

a) This Agreement together with all documents referred to in it comprises the whole agreement between You and Aviso and supersedes and replaces any prior written or oral agreements, representations or understandings relating to its subject matter.

15) Waiver

No failure or delay or partial failure or delay by Aviso in exercising any right, power or privilege under this Agreement will reduce or operate as a waiver of that right power or privilege by Aviso.

16) Relationship

This Agreement will not constitute or imply any offer of employment or any partnership, joint venture, or other relationship between You and Aviso other than the contractual relationship expressly described in this Agreement.

17) Severability

If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

18) Third parties

a) Subject to paragraph 21 b) for the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

b) You and Aviso agree that any Affiliate of Aviso may enforce the rights accruing to Aviso under this Agreement.

19) Applicable law and jurisdiction

The validity, construction and performance of this Agreement is be governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.

20) Definitions and Interpretation

a) In this Agreement unless the context otherwise requires:

i) words importing any gender include every gender;

ii) words importing the singular number include the plural number and vice versa;

iii) words importing persons include firms, companies and corporations and vice versa;

iv) the headings to the clauses paragraphs of and schedules to this Agreement are not to affect the interpretation;

v) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment.

b) In these Terms and Conditions, the following words will have the following meanings:

Word/ phrase Shall mean

Aviso

Aviso Limited a private limited company registered in England under number 0791629, whose registered office address is C/o Rae Nemazee LLP, 2 Barons Gate, 33-35 Rothschild Road, London, England, W4, 5HT

‘Affiliate’

in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party;

‘Candidate’

a person (such as You) who is or may be Introduced by Aviso to its Employer Clients to be considered for an Engagement;

“Employer Client”

Any individual, partnership or body corporate that has instructed Aviso in relation to a Vacancy

‘Engage(s)’ (or ‘Engagement’ or ‘Engaged’)

The employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of You by an Employer Client or someone acting on their behalf;

‘Introduce’ (or ‘Introduction’ or Introduced)

the provision to the Employer Client of Your curriculum vitae or any other details, whether written or oral in connection with a Vacancy;

“month”

calendar month

‘Parties’ or parties

Aviso and You, and ‘Party’ or party will mean either one of them;

‘Regulations’

the Conduct of Employment Agencies and Employment Businesses Regulations 2003 as may be amended from time to time;

“Vacancy”

a vacancy, role or other manner of opportunity for engagement, employment for which any Employer Client of Aviso is seeking Candidates