This Terms of Service agreement was added May 5, 2017
Welcome to Yachting Professionals Crew Agency (YPCA). YPCA provides services to you subject to the following terms of service (TOS), which may be updated by us from time to time without notice.
Your use of YPCA recruiting services is subject to any guidelines or rules applicable to such services which may be posted elsewhere on the site from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS. These TOS are legally binding.
This TOS constitutes a binding agreement between you and YPCA and is deemed accepted by you each time that you use or access this website or YPCA recruiting services. If you do not accept the TOS do not use YPCA site or services.
- Candidate means any person who submits any information for YPCA recruitment services.
- Candidate Profile means the personal profile and any other information provided by or otherwise uploaded by you including without limitation your CV.
- CV means the relevant Candidate’s curriculum vitae or equivalent employment summary.
- Potential Employers means yacht owners, managers, and/or captains who may or may not be Subscribers who contact YPCA requesting candidates’ profile information for the purpose of securing potential employment.
- Subscriber means the persons subscribing to the YPCA system.
- System means the online database, also known as “YP Membership.”
- Yacht means the yacht on which any Candidate(s) would be employed.
SERVICES OFFERED & FEE STRUCTURE
YPCA provides recruitment services to candidates searching for a position in the yachting industry. Candidates submit a membership application on YPCA website & if accepted by YPCA, create a membership profile. These profiles are then made available to Potential Employers for recruiting purposes. Changes to these conditions must be agreed in writing between YPCA & the candidate. YPCA provides services limited to recruitment purposes only.
YPCA does not charge seafarers, directly or indirectly, in whole or in part, any fees for the registration of their details OR upon gaining employment.
Potential Employers agree to engage the services of YPCA to supply qualified candidates to be considered for employment. The potential employer is responsible for notifying YPCA within 24 hours if the candidate submitted by YPCA has already been introduced by another source. The fee for services rendered his due and payable if the potential employer employs a YPCA candidate within 12 months from the date of introduction.
Placement fees are as follows:
- Permanent (over 90 days employed): the fee charged is equal to 75% of one month’s salary.
- Temporary (1-90 days employed): 20% of their total earnings build on the last day of employment. If the candidate is rehired for future dates, the potential employer must notify YPCA and an additional fee will be charged based on the terms of the additional employment.
- Teams: YPCA Will charge a fee if the partner of an existing candidate is hired within a six-month period. Teams hired together will each generate a separate fee to the potential employer.
Warranty on Candidates:
In the event that the hiring of a permanent candidate is unsuccessful during the first 90 days, YPCA will offer a replacement candidate if:
- YPCA’s placement fee has been paid in full by the due date.
- YPCA is notified in writing within 48-hours of the termination.
- Working conditions are normal and there has been no, change in Captain, Yacht Ownership, or job description.
- YPCA promote safe working conditions for all crew members, reserves the right to terminate this warranty should the yacht or the working conditions are deemed unsafe.
Replacement candidates: will carry a 30-day warranty period beginning from their start date. In the event that YP is unable or unsuccessful in supplying a replacement candidate, a credit will be extended toward future placements for up to twelve months. If the client chooses to engage the services of a replacement candidate through another source this credit will be void.
CANDIDATE RIGHTS AND OBLIGATIONS
As per the Maritime Labour Convention (MLC), 2006 to work as a seafarer candidates must be over the age of 16.
YPCA will assist you in your job search to the best of their ability without utilizing any means or intended to prevent or deter seafarers from gaining employment. YPCA will require you to present an original copy of a national statutory medical certificate (ENG1 or any other accepted national seafarer medical). You are responsible for ensuring that your personal information, as published on the System, is accurate and up to date. You warrant that your Candidate Profile, including your CV and certification, is true and correct and is an accurate summary of your education, employment, and qualifications. You will need to provide copies of all your certificates and documents to YPCA and all the necessary checks will be made to verify their authenticity and validity with the issuing training provider or national agency. We reserve the right to suspend, withdraw or otherwise make unavailable your Candidate Profile if any information contained therein is false or inaccurate.
You will need to provide YPCA with copies of written employment references, with up to date contact information for those employment references and accept that those references may be contacted by YPCA.
You understand and agree that retaining YPCA services or site means that you are willing to submit to a criminal background check and/or drug or alcohol test. YPCA will inform you of your general salary expectation, leave allowance, and benefits onboard to the best of their knowledge and will fully explain your rights and duties with regards of the vessel. As a seafarer, you need to be aware that you are entitled to an employment contract. YPCA will inform you of the contents of a standard Seafarer Employment Agreement (SEA). YPCA advises you that your final contract should contain a clause regarding repatriation to your point of embarkation, or a final destination mutually agreed by yourself and your potential employer. You should have the opportunity to examine and seek advice on your employment agreement and freely enter into the agreement.
You agree to, and unconditionally and unequivocally consent to YPCA providing your Candidate Profile including your CV and any other documents associated wth your Candidate profile to any Potential Employers AND the use of any such information by any Potential Employers and/or 3rd party security company to determine suitability for employment. You hereby grant us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publish, disclose, process, stream, store, retain, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute any content you have provided (including, without limitation, your Candidate Profile), in connection with the YPCA recruitment services or the use or promotion thereof.
We agree to allow you access to your Candidate Profile, as maintained on the System, in order to enable you to view and edit your personal information. You expressly warrant that you will only upload information and data in respect of your own Candidate Profile.
We reserve the right at our sole discretion to remove, withdraw or require to be amended any information which we consider inappropriate, inaccurate, illegal, immoral, offensive, obscene or in respect of which we receive any complaint or objection. We further reserve the right at our sole discretion to decline to distribute or forward or to suspend or remove your Candidate Profile, CV or any part thereof.
If you do not access your Candidate Profile in any four (4) week period and update your employment status, your profile will be considered dormant and, although your information will still be stored in the System, you will not be considered as currently looking for employment. When you obtain employment, you should access your profile and update your employment status accordingly. You may re-activate your profile at any time in your profile. If you wish to have your Candidate Profile permanently removed from the database, you may do so at any time by contacting us in writing, by email, in each case at the address provided on our website (www.YachtingProfessionals.com/contact). You acknowledge that we may retain archived copies of any information you have previously provided notwithstanding the temporary or permanent removal of your Candidate Profile.
We agree to use reasonable endeavors to prevent your personal information from being accessed by parties other than us, potential employers, and a third-party security company. If despite such efforts, any information is nevertheless accessed by a third party other than us, any Subscriber, or our security company, you hereby release us from any liability for any loss or inconvenience you may suffer in consequence of such unauthorized access and from any other consequences thereof howsoever caused.
We give no warranty or representation as to the suitability, performance or character of any Subscribers who may use the System. Before accepting a position, you must undertake your own due diligence and exercise your own judgment as to the Subscriber’s character and/or suitability for your employment.
YPCA shall not be liable under any circumstances (whether in contract or tort) for any loss of profits, your failure to secure employment, loss of business, depletion of goodwill and/or similar losses, loss of contract, loss of or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered by you.
You agree to indemnify us in relation to any loss and/or damage suffered, including any direct, indirect, incidental, special, consequential and/or punitive damages, arising in consequence of your Candidate Profile or otherwise in consequence of your breach of any of your obligations under these Terms.
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by the jurisdiction considered appropriate to the laws of the State of Florida in the United States of America. The parties irrevocably agree that the courts of the state of Florida shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).