Terms and conditions
  1. These Terms and Conditions constitute the contract between TCN and the Client and are deemed accepted by the Client by virtue of an introduction to or the engagement of an Applicant as further described below and shall apply to every transaction for the supply of Applicants by TCN to the Client. These Terms and Conditions shall prevail over any other documentation or communication from the Client unless otherwise agreed in writing. Only a request for services accepted in writing shall be binding upon TCN and an accepted request for services can only be cancelled or varied with TCN’s written consent.
  2. The Client appoints TCN to act as a non-exclusive yacht placement agent for the provision of crew members as the Client may from time to time elect (the “Applicant/s”). The Client shall be the employer of any Applicant accepted by the Client and under no circumstances shall TCN be deemed to be the employer of any Applicant.
  3. TCN shall exercise all reasonable skill, care and diligence in the provision of the Services for the Client and shall use all reasonable endeavours to perform the Services within any time periods indicated, but it is expressly agreed that such time periods are estimates only and time is not of the essence.
  4. The Client shall provide to TCN the job description, salary and benefits package and dates of contract.
  5. TCN shall process Applicants as follows (the “Services”):
    • Applicants respond to advert, on-line application (www.crewnetwork.com) or apply spontaneously or are contacted directly by TCN.
    • Applicants are subject to an initial screening by TCN based on criteria agreed with the Client.
    • Applicants are screened during an interview conducted by a TCN recruitment professional.
    • Applicant is fully briefed on position and about the Client, supported by emailed documents (if available) and a job description is sent to each Applicant if available.
    • Applicants are made aware of the specific requirements of the Client.
    • Conduct thorough reference checks.
    • All Applicants positively pre-selected will be presented to the Client for review.
    • TCN coordinates with Client further interview sessions if required.
  6. The Client shall pay TCN as follows:

    Position

    Fee

    Long term placement

    1 (one) Month Salary

    Temporary placements (up to 60 days)

    20% total paid salary 

    Minimum fee 200 Euro

    Should employment be extended beyond 60 days, fee adjustment will be made accordingly


    Definition:
    • Long Term placement: When you request candidates that you expect to employ for longer than 60 days or any temporary placement you decide to hire permanently.
    • Temporary placement: When you request candidates that you expect to employ for less than 60 days and upon their rehire for future temporary Placements.
  7. Fees are exclusive of full employment, visa, medical and transportation costs which the Client shall pay for. The client shall be invoiced when the Applicant joins the Client’s yacht. Invoices are payable within 30 days of receipt. All fees and costs are exclusive of Value Added Tax or other applicable local sales taxes. Credit cards are accepted.
  8. TCN agrees that should an Applicant leave the employment of the Client (for a reason other than redundancy or a reason outside the reasonable control of the Applicant such as non-payment of wages, change in the beneficial ownership of the yacht, change in job responsibilities of the permanent crew member, change of captain of the yacht.) within the first 90 days of start date, TCN will endeavour to replace that Applicant at no additional fee provided that the Client shall pay any incidental expenses as referred to in clause 7 above. Fees and conditions may be revised to reflect volume of business. Furthermore, agreement can exceptionally be made to allow a credit line for future placements.
  9. In the event that any Applicant introduced by TCN is rejected by the Client or the Applicant rejects an offer of employment by the Client, if the Applicant is subsequently employed by or otherwise works for or on behalf of the Client within twelve months of the initial introduction date, the Client shall pay the fee to TCN in accordance with clause 6.

    In the event that the Client introduces an Applicant to another person, or yacht (“Third Party”) resulting in the employment or other contractual arrangement of the Applicant with that Third Party within twelve months of the initial introduction date of the Applicant to the Client, then the Client shall pay to TCN the fee in accordance with clause 6 above.
  10. When placing a Long Term Placement applicant, that applicant will no longer be available for placement within TCN unless and until they have given you notice of their intent to depart and worked through their notice period. We will never knowingly extend offers to Long Term Placement applicants that we have placed and collected payment for. We will not approach Temporary Placement applicants that we have placed unless the start date for the position is after the completion of the temporary contract.
  11. TCN shall not be liable for any losses liabilities, damages, costs, claims or expenses suffered or incurred by the Client arising from, or in connection with, the recruitment or engagement of any Applicant by the Client, howsoever arising provided that TCN does not exclude liability for death or personal injury arising from its own negligence.
  12. This Agreement shall be governed by and construed in accordance with the laws of England and the Client and TCN submit to the non-exclusive jurisdiction of the English Courts.