Client Terms & Conditions

1. Client Terms and Conditions – Revised July 2014

1.1  Yacht Chef Agency Ltd Terms and Conditions for the Introduction of Permanent, Seasonal, and Temporary Chefs to Super Yachts.

1.2 Yacht Chef Agency Ltd ("The Service") is a limited company specializing in the introduction of professional chef’s ("Chef") to prospective employers, their representatives and/or agents ("Client").

1.3 The role is that of a personnel introduction agency ("The Service"). Yacht Chef Agency Ltd only introduce a Chef to the Client and any employment agreement or contract (whether made orally or in writing) entered into by the Client and any Chef following an introduction by us is and remains the sole responsibility of the Client.

1.4 In these Terms the following definitions apply: "Chef" means the person introduced by Yacht Chef Agency Ltd to the Client.

1.5 "Client" means the person, firm or corporate body together with any subsidiary or associated Company as defined by the Companies Act 1985 to which the Applicant is introduced;

1.6 "Engagement" means the engagement, employment or use of the Applicant by the Client or any third party on a permanent or temporary basis; "Introduction" means the passing to the Client of information which identifies the Applicant and which leads to an engagement of the Applicant by the Client.

 

2. The Client agrees:

2.1 To notify Yacht Chef Agency Ltd immediately of any offer of an engagement which it makes to the Applicant.

2.2 The provision of the Service is subject to the written acceptance (by email) of the Terms and Conditions contained herein ("Terms"). By entering into business with Yacht Chef Agency Ltd, the Client is deemed to have accepted these Terms.

2.3 Although we make every effort as part of the Service to interview each Chef and verify their details, references and/or qualifications, we strongly recommend that the Client conducts its own investigations before entering into an employment agreement or contract with the Chef.

2.4 The Client agrees to maintain confidentiality of all Chef details submitted by Yacht Chef Agency Ltd and further agrees not to pass on any Chef details (CVs or contact details) to any third party, other than for the purpose of reference verification.

2.5 Any CV or contact information distributed to a third party will be viewed as a placement made and an invoice submitted to the original recipient for payment for each CV forwarded.

2.6 If payment of any invoice is not paid, it will accrue a 5% interest increase, for every month thereafter that the monies are outstanding. Unless an agreement has already been made between Yacht Chef Agency Ltd and the Client.

2.7 All placement fees are VAT Exempt.   

 

3. The provision of the Service will be subject to the payment of an appropriate placement fee calculated on the following basis:

3.1 Permanent Placements – chef employed for a period exceeding more than six (6) months.

The fee will be one hundred percent (100%) of the one (1) month’s gross salary.

3.2 Seasonal Placements - chef employed for a period exceeding three (3) months but less than six (6) months):

The fee will be seventy five percent (75%) of one (1) month’s gross salary.

3.3 Temporary Placements – chef employed on a daily, weekly or monthly basis up to three (3) months.

The fee will be twenty percent (20%) of the accumulated salary earned for the period(s) employed subject to a minimum charge of €200.

3.3.2 In the event that any Chef introduced by us to the Client are employed or re-employed directly by the Client (with or without our involvement) within the period of one (1) year from the date of our initial introduction of the Chef, the Client will be charged the applicable placement fee in accordance with the Fee Policy.

3.3.3 In the event the Client obtains any information and/or documentation pertaining to the Chef from another source prior to our initial introduction, the Client must inform us immediately, (within 24 hours). We reserve the right to claim the introduction and any applicable placement fee, should the Client decide to use the information and/or documentation provided by us in favour of that provided by the other source.

 

4. Payment Policy

4.1 Unless credit is already established with the Client, the Client's full credit card details will be required in advance of securing a selection. Payment will only be charged to the credit card if full payment is not received in accordance with this clause 3.

4.2  A surcharge of 2.5% of any fee will be applied when payment is made by credit card (VISA or MASTERCARD).

4.3 Permanent Placements: Payment must be received within thirty (30) calendar days from the date of commencement of employment.

4.4 Temporary and Seasonal Placements: Payment must be received within fourteen (14) calendar days from the date of invoice.

4.5 In the event that a Temporary or Seasonal Placement is extended beyond the period for which the placement fee was originally calculated, we will issue an additional invoice for the shortfall due to us in accordance with the Fee Policy. All placements will be charged for the period(s) employed, in accordance with the Fee Policy.

4.6. Couple Placement-  All chefs in a couple team, will be charged as per our normal chef rate in full for both chef and partner, based on the total combined wage. 

 

5. Placement Warranty- Subject to strict compliance by the Client with the provisions of clause 5.5.

Permanent Placement Warranty:

5.1 Should the placement leave without just cause or be dismissed with just cause within three (3) months, then a replacement chef will be issued to you, by us at no extra fee.

Seasonal Placement Warranty:

5.2 Should the placement leave without just cause or be dismissed with just cause within one (1) month, then a replacement chef will be issued to you, by us at no extra fee.

5.3 Warranty is limited to one replacement.

5.4 Yacht Chef Agency Ltd will endeavour to replace the Chef. However, if this is not possible, Yacht Chef Agency will hold credit for the value of the placement for one year. Refunds are not given.

5.5 The Warranty shall only be valid if the placement fee is paid in accordance with the Payment Policy and provided that we have been notified by the Client in writing within five (5) working days from the date on which the employment was terminated.

No warranty will be applicable in any of the following cases:

5.6 Change to ownership of the vessel.

5.7 Change in Captain, management company or more than 50% of the crew.

5.8 Any major change in schedule or job description from that planned at the time of the employment of the Chef.

5.9 Failure by the Captain or Owner to provide a safe working environment.

Temporary Placement Warranty:

5.10 No temporary placement warranty is given. Fees are calculated on a time on-board or in residence basis.

 

6. Liability

6.1 All liability, whether in contract, tort or otherwise, for any loss, damage, cost or expense, is hereby excluded to the fullest extent permitted by law.

 

7. Jurisdiction

7.1 Any dispute arising out of or in connection with these Terms shall be submitted to the non-exclusive jurisdiction of the English Courts and, at our sole discretion, to their respective proceedings and laws.

7.2 We, and the Client, irrevocably agree that any legal suit, action or proceedings (‘Proceedings’) arising out of or in connection with these Terms may be brought in such courts as referred to in clause 8.1, at the option of the party taking Proceedings, and hereby waive any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inconvenient forum.

7.3 The foregoing notwithstanding, we may bring or commence proceedings in rem to obtain security, seizure, arrest or any other similar remedy against any property belonging to the Client in any other state or jurisdiction.

 

8. General

8.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms will not be affected.

8.2 Words denoting the singular include the plural and vice versa, and words denoting the masculine include the feminine and neuter and vice versa.

8.3 Failure by us to enforce any right does not result in waiver of such right.

8.4 Nothing in these Terms shall confer or purport to confer any right or benefit on any third party.

8.5 We reserve the right to amend these Terms from time to time.

Last Revision : July 2014

 

A copy of this document is available on request.