Terms & Conditions
YOA Client Terms and Conditions
1. The Service
1.1.1 Your Own Agency ltd., a New Zealand registered business with offices in New Zealand; ("We") is a company specializing in the introduction of professional yacht personnel ("Crew") to prospective employers, their representatives and/or agents ("Client"). Our role is that of a personnel introduction agency ("the Service"). We only introduce Crew to the Client and any employment agreement or contract (whether made orally or in writing) entered into by the Client and any Crew following an introduction by us is and remains the sole responsibility of the Client.
1.1.3 Any information and/or documentation (including, but not limited to, CVs, contact details, qualifications, etc.) pertaining to any Crew introduced by us to the Client is for the sole use of the Client and must not be disclosed to any third parties without our express written approval.
1.1.4 Nothing on this website constitutes advice, nor does the transmission, downloading or sending of any information create any contractual relationship.
1.1.5 The Service is provided "as-is" and without warranties of any kind, either express or implied. YOA assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization details.
1.1.6 No crew/seafarer under the age of 16 shall be placed through YOA
1.1.7 All YOA Approved crew/seafarers are in possession of a valid seafarer medical certificate as well as appropriate STCW certification.
1.1.8 YOA uses no means, mechanisms or lists intended to prevent or deter crew/seafarers from gaining employment for which they are qualified.
1.1.9 No fees or other charges will be levied against seafarers crew/seafarers.
1.2.1 Clients agree to inform crew/seafarers of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for crew/seafarers to examine employment agreements before and after they are signed and for them to receive a copy of the agreements.
1.2.2 Clients agree to establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate crew/seafarers for monetary loss that they may incur as a result of the failure of the relevant shipowner under the seafarers employment agreement to meeet its obligations to them.
2. Your Registration Obligations
2.1 In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YOA has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YOA has the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof).
2.2 YOA makes no representation of the website being error free. All information contained herein is presented in good faith and is subject to change, errors, and omissions at any time. Accuracy and reliability of such information is neither guaranteed nor warranted. It is the responsibility of the Client and/or Crew to verify any and all information.
2.3 Upon completing the Service's registration process, the Client (also the “User”) enters a password and account designation, and is fully responsible for maintaining the confidentiality of the password and account, and for all activities that occur under that password or account. All Clients agree to: (a) immediately notify YOA of any unauthorized use of their password or account or any other breach of security, and (b) ensure that they exit from their account at the end of each session. YOA cannot and will not be liable for any loss or damage arising from failure to comply with these Terms.
2.4 YOA provides access for visitors to its sites to post information, data, text, resumes, references, messages, photographs and other materials and e-content ("Content"). All content, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Therefore the Client, and not YOA, is entirely responsible for all Content they upload, post, email, transmit or otherwise make available via the Service. YOA does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YOA be liable for any Content, including, but not limited to, any errors or omissions in Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Although reasonable efforts will be made to do so, YOA does not and cannot review all communications and materials posted to, or created by Users accessing our site, and is not in any manner responsible for the content of these communications and materials. YOA reserves the right, at its sole discretion, to block or remove communications or materials of whatsoever nature that it determines to be (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; (d) offensive; or (e) otherwise unacceptable to YOA.
2.5 The Client agrees not to use the Service to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (e) upload, post or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; (g) upload, post or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
2.6 All parties agree that the Internet is not a secure medium. However, within reasonable limits, YOA will endeavor to keep all personal information confidential, while retaining the right to disclose such information to employers in circumstances where express or implied consent has been given to do so. YOA may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of YOA, its Users and the public.
2.7 The technical processing and transmission of the Service, including Users' Content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2.8 YOA does not claim ownership of Content the Client submits or makes available for inclusion on the Service. However, with respect to Content submitted or made available for inclusion on publicly accessible areas (this refers to areas of the website others who are logged in can view) of the Service, the Client grants YOA the following worldwide, royalty-free, and non-exclusive license(s), as applicable: (a) with respect to Content submitted by the Client or made available for inclusion on publicly accessible areas of YOA, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting YOA to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or YOA removes such Content from the Service; (b) with respect to photos, graphics, audio or video the Client submits or make available for inclusion on publicly accessible areas of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or YOA removes such Content from the Service; (c) with respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
2.9 The onus for the following items lie with the client/employer and not YOA:
a) Informing all seafarers (candidates/crew) of their rights and duties under their employment agreements prior to or in the process of engagement and that proper arrangements are made for seafarers (candidates/crew) to examine their employment agreements before and after they are signed and for them to receive a copy of the agreements.
b) Ensuring, as far as practicable, that the employer (shipowner) has the means to protect seafarers from being stranded in a foreign port.
c) Examining and responding to any complaint concerning their activities and advise the competent authority of any unresolved complaint.
d) Establishing a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers (candidates/crew) for monetary loss that they may incur as a result of the relevant shipowner under the seafarers employment agreement to meet its obligations to them.
3. Fee Policy
3.1 The provision of the Service will be subject to the payment of an appropriate fee, payable by the Client.
3.2 Crew shall not be liable for the payment of any fee to YOA.
3.3 The fee is calculated on the following basis:
(a) YOA subscription service - A client wishing to make use of the subscription service, will agree to a One, or Twelve-month subscription.
3.4 In the event that any Crew 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 year from the date of our initial introduction of the Crew, the Client will be charged the applicable placement fee in accordance with the Fee Policy.
3.5 In the event the Client obtains any information and/or documentation pertaining to the Crew from another source prior to our initial introduction, the Client must inform us immediately. 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 favor of that provided by the other source.
3.5 Salaries for specific positions as advertised on the YOA site are designated by the Client and YOA takes no responsibility for the accuracy of the salary figures. The salaries advertised are subject to change and should be used as a guide only.
4. Payment Policy
4.1 Unless credit is already established with the Client, full payment will be required in order to utilize the service.
4.2 An applicable surcharge will be applied when payment is made by credit card (VISA or MASTERCARD).
4.3 Clients wishing to utilize PayPal do so at their own risk.
4.4 Full-time Placements utilizing the YOA traditional crew placement service: This refers to candidates who are employed on a contract in excess of three months or on an open-ended contract with no specified end date.
4.5 Part-time or temporary placements utilizing the YOA traditional crew placement service: This refers to candidates who are employed for a specified time period or on a contract not exceeding three months.
4.6 YOA traditional placement service – full payment of the fee shall occur once the candidate has completed the four-month trial period with 50% of the fee to be paid upfront upon the hiring of the candidate.
4.7 YOA subscription service – an appropriate subscription fee will be paid upfront; the Client is granted full access to YOA's database and is exempt from any charges other than the subscription fee.
4.8 All fees are subject to VAT, charged where applicable in the relevant jurisdiction unless the Client to whom our invoice is to be addressed can prove, to the satisfaction of the appropriate VAT authorities, his "ZERO" rated VAT status, in which case a "ZERO" rated VAT invoice will be issued.
4.9 NZ registered vessels/clients will be charged applicable GST
4.9.1 Receipt of Candidates.
a) YOA will discuss and introduce candidates with the client via phone, email or other messaging services. The client agrees to notify YOA within 48 hours should the candidate have been introduced via another source. Should the client fail to notify YOA accordingly, YOA will assume the introduction and subsequent fees will take effect should the candidate be employed.
b) Placement fees are payable once a candidate introduced by YOA is employed by the client. Employment constitutes a verbal or written offer from the client to the employer that is agreed to by the candidate. Should the position become available again within 12 months of the introduction to any candidate sent the client must inform YOA before contacting them and this will be treated as a new job offer.
4.9.2 Client Duties
a) Notice of Employment: The client agrees to notify YOA within 48hrs should the position be filled including that of being hired by other means. The client agrees to provide full name, agreed salary and start date of the candidate hired.
b) Notice of Termination:
- Temporary Placement - The client agrees to inform YOA of the last day of employment of a candidate. The client will provide feedback as to the reason, should the contract be terminated prior to the agreed date.
- Full-time Placement – The client agrees to notify YOA within 48 hours should a full-time crew member (placed by YOA) be terminated within the warranty period.
5. Placement Warranty
5.1 Subject to strict compliance by the Client with the provisions of Section 4:
(a) Should a full-time crew member placed by YOA be discharged by the client with just cause, or voluntarily leave with or without just cause, within 4 months (120 days) from their start date, YOA will offer to find a suitable replacement and the second invoice will be cancelled. Should the suitable replacement be hired, the client will be charged 50% of the crew member’s gross monthly salary at the end of their 4 month (120 day) trial period.
(b) Should a temporary crew member be discharged by the client with just cause, or voluntarily leave with or without just cause before their agreed completion date, YOA will offer to find their replacement and will charge 10% of the replacement’s gross salary for time on board.
5.2 The YOA full-time placement warranty may be invalidated at our sole discretion in the event of any one of the following circumstances occurring at any point during the Crew’s employment with the Client: (a) change of ownership of the yacht on which the Crew is/are employed; (b) change of Captain or of the management company resulting in the termination of the employment of any Crew introduced by us; (c) failure by the Client to maintain a safe working environment for the Crew; and/or (d) any other occurrence including, but not limited to, a material change in the Client’s requirements (job description, required qualifications and the like) without prior notice to us.
6.1 YOA may, at its sole instance and without prior notice, immediately terminate a User’s membership account and access to the Service. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity.
6.2 Termination of a User’s membership account includes: (a) removal of access to the Service; (b) deletion of the User’s password and all related information, files and content associated with or inside your account (or any part thereof); and (c) barring of further use of the Service. Further, all terminations for cause shall be made at YOA’s sole discretion and YOA shall not be liable to the User or to any third-party for any termination of the User’s account.
7.1 All liability, for any loss, damage, cost or expense, is hereby excluded to the fullest extent permitted by law, even if YOA has been advised of the possibility of such damages. All Clients agree to indemnify and hold YOA and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms or your violation of any rights of another.
7.2 YOA reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. YOA shall not be liable to Users, or to any third party, for any modification, suspension or discontinuance of the Service, nor does YOA guarantee that the server that makes the Service available is free of viruses or other harmful components.
8.1 Any dispute arising out of or in connection with these Terms shall be submitted to the jurisdiction of the New Zealand courts.
8.2 Any legal suit, action or proceedings ("Proceedings") arising out of or in connection with these Terms shall be brought in such courts as referred to in Paragraph 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.
8.3 The foregoing notwithstanding, YOA 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.
9.1 If any part of these Terms is unenforceable (including any provision in which we exclude our liability to the Client), the enforceability of any other part of the Terms will not be affected.
9.2 Words denoting the singular include the plural and vice versa, and words denoting the masculine include the feminine and neuter and vice versa.
9.3 Failure by us to enforce any right does not result in waiver of such right.
9.4 Nothing in these Terms shall confer or purport to confer any right or benefit on any third party.
9.5 YOA reserves the right to amend these Terms from time to time, without prior notice, and encourages the Client to review the most current version of the Terms periodically on the YOA website, and to remain informed. Continued use of any website published by YOA following the posting of changes to these Terms signifies acceptance of the revised terms.
9.6 YOA, the YOA logo, trademarks and service marks, are trademarks of YOA Ltd. All aspects of this website, including but not limited to design, text, graphics, logos, images, applications, software and underlying source code are the copyright of YOA and its affiliates or content and technology providers. You may download, view, and print text and graphics from the YOA site, provided that such content is used only for informational, non-commercial purposes, and is not modified or altered in any way.
9.8 YOA is the sole owner of the information collected on its websites. This website collects information about Users’ systems, including the IP address and details of each visit to the website. Other than for specific purposes as may be agreed with the User, this information is collected for the sole purpose of analysis and marketing. It may periodically be used for the appropriate marketing of YOA’s services to the Client. YOA does not disclose Clients' information to any external third parties. YOA collects the minimum information necessary to ensure the website works successfully and reliably and to monitor activity on its websites so that it can continually assess and improve them.
Last Revision: 13 Jan 21