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All Ocean Yachts Crew Placement Agreement
This agreement (the "Agreement") shall be binding on, the owner of the vessel, and the owner's agent or vessel manager, by whom or on behalf of whom the Agreement is executed. The Agreement shall bind the individual owner, or the owning company or corporation, and the principal(s) of the owning company or corporation, if the vessel is so registered. The person signing this Agreement represents that he/she is authorized to sign the Agreement on their behalf, all and any of whom shall hereafter be referred to as the "Owner".
Hiring of a crew candidate presented by All Ocean Yachts will be deemed as an acceptance of this agreement.
It is agreed that the Owner has engaged All Ocean Yacht's Crew Placement Division to provide a selection of crew for employment on Owner's vessel for a placement fee in accordance with the following. The fee is earned when the referred crew is hired. The referral is active up to 12 months from the date that the Owner receives the resume (CV) of the referred person from All Ocean Yachts. If the Owner refers any crew who had been referred to the Owner by All Ocean Yachts, directly or indirectly, to a third party and that third party hires the crew, the referring Owner shall be obligated to pay All Ocean Yacht's fee per the terms of this Agreement. It is the Owner's responsibility to notify All Ocean Yachts as promptly after hiring as possible, that the Owner has hired a crew referred by All Ocean Yachts and to inform All Ocean Yachts of the conditions of employment, i.e., position, salary, starting date and contemplated completion date, if any.
Upon this notification an invoice for payment will be issued and payment should be made per the terms below.
Should the Owner hire one member of a team and then subsequently hire the other, fees shall be due for both crew.
Referral shall mean presentation of a crew's resume (CV) to the Owner, in writing, via hand delivery, fax or e-mail. It is the Owner's responsibility to contact All Ocean Yachts in writing promptly on signing this Agreement , or within 24 hours of receiving any resumes Owner may have received from the crew themselves or other third parties, of crewOwner would like excluded from this agreement.
A credit card will be taken and the Owner authorizes All Ocean Yachts to charge the fees incurred if payment is not received in full within 30 days of the crew being hired, in which case an additional 2% shall be added to the credit card charge. The owner has the option to pay by US check, credit card (MasterCard, Visa, American Express, Discover) or wire transfer. Should the Owner default on payment, the Owner shall pay the reasonable cost of collection, including court costs, attorney's fees and interest of 20% per annum.
Guarantee on permanent crew placements:
If a full fee is paid within 30 days of billing All Ocean Yachts will endeavor to replace the crew up to three times during the first 120 days after the crew leaves the vessel voluntarily or is discharged for cause; providing that All Ocean Yachts is notified within 5 working days of the crew's departure from the vessel. This is the sole guarantee and it applies solely to permanent crew.
Placement fees are as follows:
If payment is in a currency other than US dollars, the fee shall be converted to US dollars at the international exchange rate shown at www.xe.com or the international bank rate on the day of employment.
Permanent Placement is defined as crew the Owner expects to employ for longer than 90 days. Fee is 75% of one months Salary
Temporary Placement is defined as 1 to 89 days. Fee is 20% of the Salary Paid, fee to be paid at the end of each month of employment or on completion of employment, whichever comes first. The maximum fee to be paid shall be no greater than the equivalent of the permanent placement fee for the position. Should any crew hired as temporary be changed to permanent crew during the 89 days, any temporary placement fee paid will be applied to the permanent placement fee. If the crew is employed for 90 consecutive days, the position will automatically convert into a permanent placement fee. A minimum fee of $30.00 shall apply