C & F Yachting Limited - Terms and Conditions of Business
1. Acceptance of terms and conditions
1.1 This page (together with the documents referred to on it) tells you (Client, as defined below) the terms and conditions (Conditions) on which we (Agency, as defined below) provide Recruitment Services (as defined below) via use of and registration with our Website (as defined below).
1.2 Please read these Conditions carefully before using Recruitment Services. You should understand that by using any Recruitment Services, you agree to be bound by these Conditions, to the exclusion of any other terms and conditions.
1.3 You should print a copy of these Conditions for future reference.
1.4 Please click on the button marked "I Accept" at the end of these Conditions if you accept them. Please understand that if you refuse to accept these Conditions, you will not be able to use any Recruitment Services.
1.5 By using the Website and Recruitment Services, the Client warrants that it is legally capable of entering into binding contracts.
1.6 On registering for the Recruitment Services, the Client shall choose a username and password. The Client undertakes:
(a) to maintain the confidentiality of its password and not to disclose it to any third party;
(b) not to use the username or password of another Client; and
(c) not to transfer the Client’s account or username to another party.
2. Definitions and interpretation
2.1 The definitions and rules of interpretation in this condition apply in these Conditions:
Agency: C&F Yachting Limited, a company registered in England and Wales under company registration number 6962777 whose registered office is at Broadcasting House, Vanguard Suite, Newport Road, Middlesbrough, Cleveland TS1 5JA, England.
Agreement: the agreement containing these Conditions.
Candidate: a person Introduced by the Agency to the Client to be considered for an Engagement.
Client: any person, firm or company who approaches the Agency or registers with the Website with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by the Agency.
Engage(s), Engagement, Engaged: the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client or, in the case of clause 4.6, a third party.
Introduce, Introduction: the provision to the Client (or in the case of clause 4.6, to a third party) of a curriculum vitae or any other details, whether written or oral, of a Candidate, whether or not the Client (or in the case of clause 4.6, the third party) had knowledge of that Candidate before the Introduction.
Introduction Fee: the Introduction fee calculated according to clause 5.1.
Long Term Placement: an Engagement lasting 90 days or longer.
Month: a calendar month.
Parties: the Agency and the Client, and Party means either one of them.
Recruitment Services: search for Candidates for vacancies that the Client has notified to the Agency and Introduction of them to the Client by the Agency.
Short Term Placement: an Engagement lasting less than 90 days.
Vessel: a yacht or other sea-going vessel for which the Client requires Candidates and a relevant Vessel is a Vessel on which a Candidate is Engaged.
Website: the Agency’s website at www.cfyachting.com.
2.2 Clause headings shall not affect the interpretation of this Agreement and references to clauses are to the clauses of this Agreement.
2.3 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2.4 A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
2.5 Words in the singular shall include the plural and vice versa.
2.6 A reference to one gender shall include a reference to the other genders.
2.7 A reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment.
2.8 A reference to writing or written includes faxes but not e-mail.
2.9 Any reference to an English legal term for any action, remedy, method of judicial proceeding, legal document, legal status, court, official or any legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to what most nearly approximates to the English legal term in that jurisdiction.
3. Recruitment Services
3.1 The Agency shall provide the Recruitment Services to the Client in consideration for the Client's paying the applicable Introduction Fee to the Agency, subject to these Conditions.
3.2 The Agency shall use reasonable endeavours to Introduce to the Client a Candidate suitable to carry out work of such nature as the Client shall notify to the Agency. The Agency does not represent, warrant or undertake to find a suitable or any Candidate for each vacancy notified to it by the Client.
3.3 The Agency shall:
(a) ensure that any Candidate has given his consent for his or her details to be submitted for any vacancy for which they are submitted;
(b) once a Candidate has been Introduced, provide the Client full access to the Candidate's details that are held by the Agency;
(c) authorise the Client to contact the Candidate directly, at any stage of the recruitment process, and without requiring the prior permission or knowledge of the Agency;
(d) at the Client's request supply to the Client copies of:
(i) any relevant qualifications or authorisations; and
(ii) any non-confidential references,
in the Agency's possession, except where the Agency is not permitted to obtain, verify or disclose them.
3.4 If more than one agency submits details of the same Candidate to the Client, the agency which first submitted the details shall be deemed to have Introduced the Candidate to the Client. No subsequent submission of the same Candidate's details shall be deemed as a valid Introduction, and, if the Client engages that Candidate in any capacity, no fees or charges of any kind shall be payable to any agency other than the first to submit the Candidate's details.
3.5 By requesting the Agency to Introduce Candidates for a vacancy, the Client authorises the Agency to advertise such a vacancy, but the Agency is not authorised to use the Client's name or any of its logos or trade marks without the Client's prior express written permission. The Client hereby expressly permits the Agency to use such name, logos and trademarks on the Website for the purposes of advertising such a vacancy. Unless previously agreed in writing pursuant to clause 5.7, the Client accepts no liability for any advertising, promotional or marketing costs incurred by the Agency.
4. Client’s obligations and acknowledgements
4.1 The Client acknowledges and agrees that:
(a) by requesting the Agency to carry out an act on its behalf, the Client authorises the Agency to act on the Client's behalf for that purpose; and
(b) by requesting the Agency to Introduce Candidates for a position, the Client authorises the Agency to advertise that position, subject to the provisions of clause 3.5.
4.2 When requesting the Agency to Introduce Candidates for a vacancy, the Client shall provide to the Agency the following information:
(a) the Client's full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address;
(b) the nature of the vacancy, including the type of work involved, the Vessel name, the Vessel schedule, the hours of work, the commencement date and the likely duration;
(c) any risks to health and safety known to the Client and the steps taken by the Client to prevent or control such risks;
(d) the experience, training, qualifications and any authorisations which are required by the Client, including any qualifications or authorisations required by law or any applicable professional body;
(e) any travel or other expenses payable by or to the Candidate;
(f) the minimum rate of remuneration, the intervals of payment and any other benefits;
(g) the length of notice to which the Candidate would be entitled to receive or be required to give for termination of employment;
(h) whether the Client intends to engage the Candidate otherwise than as an employee on a contract of service.
4.3 The Client shall satisfy itself as to the suitability of any Candidate for the vacancy for which the Candidate has been Introduced. Without prejudice to the generality of the foregoing, the Client acknowledges and agrees that it is the Client's responsibility to:
(a) take up and verify references relating to the Candidate's qualifications, skills, character and experience;
(b) check the validity of the Candidate's qualifications;
(c) ensure, where appropriate, that the Candidate is capable of operating any equipment or machinery to the necessary level;
(d) obtain any work or other permits needed by the Candidate; and
(e) ensure that the Candidate satisfies any medical requirements or other qualifications that may be appropriate or required by law.
4.4 The Client shall notify the Agency immediately on the occurrence of the first of the following events:
(a) a Candidate accepts an offer of employment from the Client; or
(b) the commencement of an Engagement by a Candidate.
4.5 By agreeing to Engage or make use of a Candidate in any way, the Client shall be liable for the Introduction Fee.
4.6 If the Client or the Client’s employee, agent or subcontractor refers or effectively Introduces any Candidate to any third party, whether directly or indirectly, and that Introduction results in an Engagement of the Candidate in any capacity by that third party, the Client shall:
(a) immediately notify the Engagement to the Agency; and
(b) pay to the Agency an Introduction Fee in accordance with clause 5 as though the Engagement was by the Client, unless the Engagement occurs more than 6 Months after the Introduction of the Candidate to the Client by the Agency or the date of the Candidate's last interview with the Client, whichever is the later.
4.7 The Client undertakes and agrees that at all times whilst Candidates are Engaged, it shall:
(a) maintain a safe working and drug free environment on all relevant Vessels in accordance with all applicable laws and health and safety rules and regulations;
(b) inform the Agency of any changes in the ownership or registration of any relevant Vessel within 48 hours of their occurrence;
(c) inform the Agency of any change in captaincy or a change to more than 50% of any relevant Vessel’s crew within 48 hours of their occurrence;
(d) inform the Agency of any material changes in the relevant Vessel’s schedule from the schedule provided under clause 4.2(b) within 7 days of any such change;
(e) inform the Agency of a Candidate ceasing to be Engaged within 48 hours of such ceasing.
4.8 The Client undertakes to comply with the Agency’s Website terms of use and privacy policy in force from time to time.
5. Fees and payment
5.1 The Client shall pay an Introduction Fee to the Agency in respect of each Candidate Engaged by the Client. The Introduction Fee shall be calculated as follows:
(a) Long Term Placement: 100% of one Month’s gross salary;
(b) Short Term Placement: 20% of the total gross salary paid over the entire actual period of Engagement.
For the avoidance of doubt, an Engagement which lasts 90 days or longer, whether or not initially requested by the Client as a Short Term Placement, shall be deemed to be a Long Term Placement (Deemed Long Term Placement) and the Introduction Fee shall be calculated in accordance with (a) above.
5.2 The Introduction Fee shall become due:
(a) in the case of a Long Term Placement, immediately upon the commencement of an Engagement;
(b) in the case of a Deemed Long Term Placement, on the 90th day of the Engagement; and
(c) in the case of a Short Term Placement, immediately upon the cessation of the Engagement.
5.3 The payment of the Introduction Fees shall be made by the Client to the Agency within 14 days of the relevant date set out in clause 5.2 and may be made in GBP, USD or Euros.
5.4 The Introduction Fee charged for the Introduction of any Candidate for an Engagement is applicable for one Engagement only. For each additional Candidate Introduced by the Agency and Engaged by the Client, a further Introduction Fee shall be payable.
5.5 The Introduction Fees are for the Introduction of Candidates only and do not include any salary due to any Candidate. Unless the Candidate is self-employed, it is the Client's responsibility to account for any tax and National Insurance contributions (or their equivalent within the jurisdiction applicable to the Client and/or the Candidate) attributable to the Candidate.
5.6 The Agency is not responsible for the payment of any travel or other expenses payable by or to the Candidate.
5.7 Any charges for advertising, and all other charges, must be agreed separately in writing by the Parties before the advertisement is placed or the charges are incurred and shall be payable by the Client in full within 14 days of the date of the Agency’s invoice, irrespective of whether a Candidate is Engaged.
5.8 If, after an offer of Engagement has been accepted by a Candidate, the Client withdraws the offer before the Candidate has begun to work for the Client in any capacity, the Client:
(a) shall not be liable to the Agency for any Introduction Fee or cancellation fee if the withdrawal occurs within 14 days of the date of acceptance by the Candidate; and
(b) shall be liable to the Agency for a cancellation fee of 50% of the Introduction Fee if the withdrawal occurs more than 14 days after the date of acceptance by the Candidate.
5.9 If the Client terminates an Engagement within 14 days after an offer of Engagement has been accepted by a Candidate and, within that 14 day period, the Candidate has begun to work for the Client in any capacity, the Client shall only be liable to the Agency for 50% of the Introduction Fee unless the Engagement is a Short Term Engagement lasting 14 days or less, in which case, the Client shall be liable for 100% of the Introduction Fee.
5.10 If, following a Candidate's unsuccessful application to the Client via the Agency, the Client, without notifying the Agency, Engages that Candidate in any capacity within six Months of the Agency's having Introduced that Candidate to the Client, then the Client shall be liable for an Introduction Fee as set out in clause 5.1.
5.11 All amounts stated are exclusive of VAT and any other equivalent or applicable taxes, which will if applicable be charged in addition at the rate in force at the time the Client is required to make payment.
5.12 If the Client does not make a payment by the date stated in an invoice or as otherwise provided for in these Conditions, then the Agency shall be entitled:
(a) to charge interest on the outstanding amount at the rate of 4% a year above the base lending rate of National Westminster Bank plc, accruing daily;
(b) to require the Client to pay, in advance, for any Recruitment Services (or any part of the Recruitment Services) which have not yet been performed; and
(c) not to perform any further Recruitment Services (or any part of the Recruitment Services).
6. Credit policy
6.1 Subject to clause 6.2, if a Candidate on a Long Term Placement leaves that Engagement for any reason apart from death, ill-health, redundancy or wrongful dismissal, the Agency shall credit the Client’s account with the Agency as follows:
(a) if the Candidate leaves the Engagement within the 14 days immediately following the date of commencement of the Engagement, a credit of 100% of the Introduction Fee shall be made;
(b) if the Candidate leaves the Engagement between the 15th and 30th days immediately following the date of commencement of the Engagement, a credit of 50% of the Introduction Fee shall be made;
(c) if the Candidate leaves the Engagement after the 30th day immediately following the date of commencement of the Engagement, no credit of the Introduction Fee shall be made.
6.2 Any credit under this clause 6:
(a) shall, provided none of the exclusions in clause 6.2(e) apply, only be made if the Client:
(i) has paid the Introduction Fee on time and in full in accordance with clause 5.3; and
(ii) has notified the Agency of a Candidate ceasing to be Engaged within 48 hours of such ceasing;
(b) may only be used by the Client as a credit against future Short Term Placements and/or Long Term Placements;
(c) is only valid for a period of 12 Months from the date the Candidate leaves the Engagement and at the expiry of such 12 Month period the credit will lapse and be reversed;
(d) shall immediately lapse and be reversed, if the Client reengages the Candidate within 9 Months of the Introduction;
(e) shall not be made:
(i) in relation to any Candidate leaving a Short Term Placement;
(ii) in relation to any Candidate Engaged by a third party and not by the Client;
(iii) if there is any change in the ownership or registration of any relevant Vessel;
(iv) if there is any change in captaincy or a change to more than 50% of any relevant Vessel’s crew;
(v) if there is any material change in the relevant Vessel’s schedule from the schedule provided under clause 4.2(b);
(vi) if the Client has breached the terms of clause 4.7(a) or any other term of this Agreement.
7. Warranties, liability and indemnities
7.1 The Client accepts and agrees that the Agency gives no warranty as to the suitability of any Candidate for any vacancy.
7.2 The Agency does not guarantee continuous or secure access to the Website and gives no representations or warranties (whether express or implied) about the availability of the Website.
7.3 Neither the Agency nor any of its staff shall be liable to the Client for any loss, injury, damage, expense or delay incurred or suffered by the Client arising directly or indirectly from or in any way connected with the Introduction to or the Engagement by the Client of a Candidate, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of the Agency.
In particular, but without limiting the generality of the foregoing, the Agency shall not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
(a) any failure of the Candidate to meet the Client's requirements for all or any of the purposes for which the Candidate is required by the Client;
(b) any act or omission of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
(c) any loss, injury, damage, expense or delay suffered by a Candidate.
7.4 Except in the case of death or personal injury caused by the Agency's negligence, the liability of the Agency under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever shall not exceed the Introduction Fee(s) paid or due to be paid by the Client to the Agency under this Agreement. The provisions of this clause 7.4 shall not apply to clause 7.6.
7.5 Neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including, without limitation, any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 7.5 shall not apply to clause 7.6.
7.6 The Client shall indemnify and hold harmless the Agency, its employees and agents from and against all Claims and Losses suffered or incurred by any of them and which arise directly or indirectly in connection with:
(a) any loss, injury, damage, expense or delay suffered or incurred by a Candidate, however caused; and/or
(b) any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly in connection with the acts and omissions of a Candidate, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise
where such loss, injury, damage, expense or delay as is mentioned in (a) or (b) in this clause arises directly or indirectly in connection with the Introduction, the Engagement, the use by the Client of a Candidate, the withdrawal by the Client of a vacancy, any information supplied by the Client to the Agency or the Client's breach of these Conditions.
In this clause, Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and Losses means all losses including, without limitation, financial losses, damages, legal costs and other expenses of any nature whatsoever.
7.7 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
7.8 Nothing in this Agreement limits or excludes liability for fraud.
7.9 This clause 7 shall survive termination of this Agreement.
8. Confidentiality
8.1 All Introductions are confidential. All work undertaken by the Agency for the Client in respect of the Introduction of a Candidate to the Client shall be for the private and confidential use of the Client only and should not be reproduced in whole or in part or relied upon by third parties for any use whatsoever, without the express written authority of the Agency.
8.2 Each Party (Receiving Party) shall keep the confidential information of the other Party (Supplying Party) confidential and secret, whether disclosed to or received by the Receiving Party. The Receiving Party shall only use the confidential information of the Supplying Party for the purpose of performing the Receiving Party's obligations under this Agreement. The Receiving Party shall inform its officers, employees and agents of the Receiving Party's obligations under the provisions of this clause 8.2, and ensure that the Receiving Party's officers, employees and agents meet those obligations.
8.3 The obligations in clause 8.2 shall not apply to any information which:
(a) was known to or in the possession of the Receiving Party before it was provided to the Receiving Party by the Providing Party;
(b) is, or becomes, publicly available through no fault of the Receiving Party;
(c) is provided to the Receiving Party without restriction on disclosure by a third party who did not breach any confidentiality obligations by making such a disclosure;
(d) was developed by the Receiving Party, or on its behalf by a third party who had no direct access to, or use or knowledge of the confidential information supplied by the Supplying Party; or
(e) is required to be disclosed by order of a court of competent jurisdiction.
8.4 This clause 8 shall survive termination of this Agreement.
9. Termination
9.1 Without prejudice to any other rights or remedies which the Parties may have, either Party may terminate the Agreement without liability to the other immediately on giving notice to the other if:
(a) the other Party fails to pay an amount due under the Agreement on the due date for payment and remains in default not less than 14 days after being notified in writing to make such payment; or
(b) the other Party commits a material breach of any of the Conditions and, if the breach is capable of remedy, fails to remedy that breach within 14 days of that Party being notified in writing of the breach; or
(c) the other Party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply; or
(d) the other Party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors; or
(e) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or on connection with the winding up of that other Party; or
(f) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other Party; or
(g) a floating charge holder over the assets of that other Party has become entitled to appoint or has appointed an administrative receiver; or
(h) a person becomes entitled to appoint a receiver over the assets of the other Party or a receiver is appointed over the assets of the other Party; or
(i) the other Party, being an individual, is the subject of a bankruptcy petition or order; or
(j) a creditor or encumbrancer of the other Party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days; or
(k) any event occurs, or proceeding is taken, with respect to the other Party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 9.1(c) to clause 9.1(j) (inclusive); or
(l) the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
9.2 The Agency has the right to disable any username or password used by the Client to access the Recruitment Services via the Website at any time if, in the Agency’s opinion, the Client fails to comply with any of the provisions of this Agreement and/or the Website terms of use or privacy policy in force from time to time.
9.3 On termination of this Agreement for any reason:
(a) the Client shall immediately pay for all Recruitment Services provided up to the date of termination and for all expenditure falling due for payment after the date of termination from commitments reasonably and necessarily incurred by the Agency for the performance of the Recruitment Services prior to the date of termination;
(b) the Agency shall disable any username or password used by the Client to access the Website, whether chosen by the Client or allocated by the Agency;
(c) the accrued rights and liabilities of the Parties as at termination and the continuation of any provision expressly stated to survive or implicitly surviving termination, shall not be affected.
9.4 Clause 9.3 shall survive termination of this Agreement.
10. Force Majeure
Neither Party shall have any liability to the other under this Agreement, or be deemed to be in breach of this Agreement, if it is prevented from, or delayed in performing, its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control.
11. Variation and Waiver
11.1 Any variation of this Agreement shall be in writing and signed by or on behalf of the Parties.
11.2 No failure or delay by a Party to exercise any right or remedy provided under these Conditions, or by law, shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
12. Severance
12.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.
12.2 If a provision of this Agreement (or part of any provision) is found illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
13. Entire Agreement
13.1 This Agreement together with the documents referred to in it constitutes the whole agreement between the Parties and supersedes all previous agreements between the Parties relating to its subject matter.
14. Assignment
14.1 The Client shall not, without the prior written consent of the Agency, assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights or obligations under this Agreement.
14.2 The Agency may at any time assign, transfer, charge, mortgage, subcontract or deal in any other manner with all or any of its rights under this Agreement and may subcontract or delegate in any manner any or all of its obligations under this Agreement to any third party or agent.
14.3 Each party that has rights under this Agreement is acting on its own behalf and not for the benefit of another person.
15. Partnership, agency
15.1 This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement. Neither Party shall have, nor represent that it has, any authority to make any commitments on the other Party's behalf.
16. Third parties
16.1 Except for the rights to indemnity of the Agency’s employees and agents under clause 7.6, a person who is not a Party shall not have any rights under or in connection with this Agreement.
17. Notices
17.1 Any notice required to be given under this Agreement:
(a) shall be in writing in the English language; and
(b) shall be sent to the address of the recipient set out in this Agreement or (where applicable, provided on Website registration) or to such other address as the recipient may designate by notice to the other Party in accordance with this clause; and
(c) shall be delivered personally or sent in a pre-paid first class letter or sent by fax or (if the notice is to be served by post outside the country from which it is sent) sent by courier; and
(d) shall be deemed to have been served if by personal delivery when delivered and if by pre-paid first class post two working days after posting and if by fax at the time of transmission and if by courier, five working days from the date of delivery to the courier and if deemed receipt is not within business hours (meaning 9.00 am to 5.30 pm Monday to Friday on a day that is not a public holiday in the place of receipt), when business next starts in the place of receipt.
17.2 To prove service, it is sufficient to prove that the notice was transmitted by fax to the fax number of the party or, in the case of post or courier, that the envelope containing the notice was properly addressed and posted or handed to the courier.
17.3 This clause 17 shall survive termination of this Agreement.
18. Governing Law and Jurisdiction
18.1 This Agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the law of England.
18.2 The Parties irrevocably agree that the courts of England shall have 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).
18.3 Each Party irrevocably consents to any process in any legal action or under clause 18.2 above being served on it in accordance with the provisions of this Agreement relating to service of notices. Nothing contained in this agreement shall affect the right to serve process in any other manner permitted by law.
18.4 This clause 18 shall survive termination of this Agreement.
Refund Policy
Premium Profile (for employees): Cost: £11.99 inc VAT – Full refund will be given if notice of cancellation is given within 14 days of purchase. For example, if a premium profile is purchased on 01/01/2009 at 1:00pm, the user will have up until 15/01/2009 at 1:00pm to cancel. Anything over this and the user still has the right to cancel their premium profile although no refund will be given. However, after the 14 days the user can choose to either maintain their premium profile for the remainder of the six-month term or cancel it completely reverting back to a basic profile. To cancel a premium profile, the user can do so through their account section or by sending an e-mail to admin@cfyachting.com, the time that the e-mail is received will count as the moment the refund request was made.
Premium Membership (for employers): Cost: £150 inc VAT - Full refund will be given if notice of cancellation is given within 14 days of purchase. For example, if a premium membership is purchased on 01/01/2009 at 1:00pm, the user will have up until 15/01/2009 at 1:00pm to cancel. Anything over this and the user still has the right to cancel their premium membership although no refund will be given. However, after the 14 days the user can choose to either maintain their premium membership services for the remainder of the six-month term or cancel it completely reverting back to a basic membership. Please note that once a cancellation request is made within 14 days and a refund is given back to the user, C&F Yachting reserve the right to cease any work carried out by the company and its staff in accordance with a premium membership such as interviewing candidates, reference checks and so forth. To cancel a premium membership, the user can do so through their account section or by sending an e-mail to admin@cfyachting.com, the time that the e-mail is received will count as the moment the refund request was made.
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Company Registration
Registered Address
Broadcasting House
Newport Road
Middlesbrough
Cleveland
TS1 5JA
Registration Number: 6962777
Contact Details
For any further support please contact us via e-mail at admin@cfyachting.com or via telephone on 01642 218105