Terms and Conditions

Scope and Application

These Standard Terms & Conditions shall apply to all Work performed by the Website Owner, to the exclusion of any other terms and conditions unless otherwise specifically agreed in writing. Until otherwise notified in writing, these Terms & Conditions shall apply to any current and all future business relationships with the same Customer.

Definitions

“Website Owner” means Sepia Manning with registered office at 95 Ismail Mehana Street, El Labanne, Alexandria, Egypt.

“Customer” means the legal entity that creates a profile on our website and enters into a business relationship with the Website Owner when requesting to view seafarers’ profiles. The Website Owner and Customer are both bound by these Standard Terms & Conditions.

“Parties” or “Party” means the Website Owner and the Customer or either of them where referred to individually.

“Service Fee” means the service fee agreed between the Website Owner and the Customer to be charged in respect of the provision of qualified seafarers from our website, as stipulated in Clause 5.1.

Active profile created by Customer

The Customer shall create a profile on the website of the Website Owner which will be kept active and accurate, as long as the Customer wishes to maintain a business relationship with the Website Owner.

Performance of the Work

The Website Owner shall review the profiles of the seafarers and suggest suitable candidates to the Customer for a specific job role.

The Website Owner is not responsible if the certificates or profiles of the seafarers are fake or misleading.

The Customer shall be responsible for obtaining verification for the certifications of the seafarers.

The Website Owner shall have no liability for any errors or bugs on the website or for work not performed by the Website developers nor for any consequences thereof.

In case of Third Party Supplies the Customer shall be bound by the applicable terms and conditions of the third party supplier pertaining to such supply.

Prices and Payment

The Customer shall pay a fixed fee for attaining a qualified seafarer from the Owner’s website at the level of one month’s salary as agreed in the seafarer’s contract with the Customer. Where the contract with the seafarer is for a short period of time, a fee shall be calculated pro-rata.

Website Owner’s invoices (including Website Owner’s invoices for Third Party Supplies) shall always be payable without off set or deduction, free of all taxes, bank charges and in the currency specified on the website. VAT will always be added, where applicable. In the event that no terms of payment are agreed, then the Website Owner’s invoices shall be settled upon receipt by the Customer (by email or by any other means). In any event, payment shall always be made prior to the employment of the seafarer.

In the event there is any default in payment, without prejudice to any of its other rights, the Website Owner shall have the right to suspend the account of the Customer and the access to the seafarers’ profiles without thereby incurring any liability to the Customer until full payment of all outstanding sums (including accrued interest). The Website Owner shall also have the right to recover from the Customer all direct and indirect costs arising from such suspension of Work.

Any delayed payment, without prejudice to all the other rights of the Website Owner, shall attract interest at the rate of 2% per month pro rata as from the date payment was due in addition to which the Customer shall also be liable for all legal and court fees which may be incurred by the Website Owner to enforce payment of any amounts payable by the Customer.

Liability for Loss or Damage: The Website Owner shall not be liable for any loss or damage to the servers or equipment of the Customer in case of a malicious attack through our website, except in case of gross negligence or willful misconduct committed by the Website Owner or by anyone for whom the Website Owner is responsible. The Website Owner shall have no liability of whatsoever nature in connection with loss of cash or fraudulent attacks.

The Customer agrees that, to the extent possible, in order to protect itself against the consequences of the limitations and exclusions stipulated herein it shall cover any resulting risks for its account by taking out appropriate insurance coverage.

Confidentiality

Any personal data collected for the provision of services will be maintained in accordance with our Privacy Policy.

No Waiver

No failure or forbearance on the part of either the Website Owner or the Customer to exercise or pursue any of their respective rights or remedies shall constitute a waiver thereof or prevent either of them from subsequently exercising any such right or remedy in full.

Governing law and Jurisdiction

These Standard Terms & Conditions as well as the Contract entered into between the Website Owner and the Customer shall always be governed by and construed in accordance with Egyptian law and the Website Owner and the Customer hereby agree to submit any and all differences or disputes whatsoever between them to the exclusive jurisdiction of the courts of Egypt. Notwithstanding the aforesaid, the Website Owner shall always be entitled to take such action it deems fit for security measures in any jurisdiction, including any arrest of the Vessel, in respect of any sums owed to the Website Owner.