1 Definitions

1.1 Company: Starfish Super Yachts, operating under the limited company of Starfish Crew LTD, a UK company. Company Number 13643483
1.2 Crew / crew member: Any person submitting their information via website, email, through verbal presentation to the company or otherwise indicating their desire to find employment through Starfish Super
Yachts.
1.3 Registration: The process undertaken by crew seeking work to submit their details to the company.
1.4 Employer: Any person or corporation requesting crew from the company. The employer can be the owner of the yacht, the yacht, the Captain or any other crew member assigned to do so, or an employment or
placement agency or management company acting on their behalf. Starfish Crew is not the employer or placement agency.
1.5 Website: The company websites are https://starfishcrew.com/ and www.starfishsuperyachts.com
1.6 Job Order: A request to find crew received by the employer.
1.7 Submitted or submittal: The forwarding of or presentation of crew from the company to the employer by any means and valid for 12 months from the date of submission. Should a candidate we have sent within
12 months be employed from the date of submission you will be liable for the full fee.
1.8 Permanent: Any position which does not have a fixed end date or employment of longer than 90 days.
1.9 Temporary: Any position which has an end date of employment less than 90 days.

2 Services

2.1 The Company provides a range of service options to be confirmed per individual job order.
2.2 Permanent – Option 1 – Source and provide a maximum of 10 potentially suitable CVs only.
2.3 Permanent – Option 2 – Source and provide 3 interviewed candidates with CVs ideally suited for the role.
2.4 Permanent – Option 3 – Source and provide 3 perfectly suited candidates for the role. The company will interview all the candidates, compile a comprehensive report with the CVs and conduct thorough reference
checks. Ensuring all relevant maritime certificates are held for the position.
2.5 Temporary – Option 1 – Provide 10 potentially suitable CVs only.
2.6 Temporary – Option 2 – Provide 3 interviewed candidates with CVs ideally suited for the role.

3 Fees

3.1 A fee will be payable to the company whenever an applicant submitted to an Employer is hired onboard within 1 year of submission.
3.2 There are no fees for crew / crew members to register and seek employment through the company.
3.3 Fee for permanent placement servicesOption 1. £500.00 per position filled. Option 2. 50% of the crew members first month’s contracted salary. Option 3. 75% of the crew members first month´s contracted salary.
3.4 Fee for temporary placementsOption 1. £300.00 per position filled. Option 2. 20% of all contracted earnings. In the event a temporary placement becomes permanent employment. Only the permanent placement fee
(option 2) will be charged.
3.5 Crew placement fees are payable within 14 days from the first day of employment for permanent placements and at the end of employment for temporary placements.
3.6 All fees paid are non-refundable.
3.7 All fees can be paid in either currency (£ GBP,€ EURO, $ USD). The final amount shall match the equivalent as invoiced.

4 Known crew

4.1 Should a crew member be submitted by the company and be previously known to the Employer, through introduction by another agency, it is the responsibility of the employer to notify the company within 24 hours
of receipt of the candidate’s information. If notification is not received within 24 hours, then it shall be viewed as a valid submission and the appropriate fees are payable.
4.2 Should we not receive notification within 24 hours, and this is flagged up at a later date we will request the introductory email correspondence. If unavailable, the appropriate fees are payable.
4.3 Should the Employer also be searching for crew online using web searches or listing services it is the burden of the employer to disclose the names of any crew member already under consideration. Any crew member
submitted by the company who has not previously been declared by the employer will be viewed as a valid introduction and fees payable.
4.4 In situations where the candidate is known to the Employer, but the Employer did not have the correct contact information a full placement fee is payable.

5 Service Credits for Crew Placement

5.1 Permanent crew placement service credits. If the crew member hired through permanent placement Option 2 & 3 leaves within 3 months without cause or is terminated with cause, a full credit will be made to the Employer’s account for use against future placements within the following 12 months.
5.2 No credits are available for all temporary crew placements and permanent placement Option 1.
5.3 Permanent placement of Captains.  If a hired Captain leaves prior to 6 months from the original start date without cause or is terminated withcause, a full credit will be made to the employers account for use against the future placement of a Captain within the following 12 months.
5.4 Service credit limitations There is only 1 credit per placement, and the crew member will be replaced on one occasion only.
5.5 Credit is invalid in the following situations.
5.5.1 Change in ownership of the vessel.
5.5.2 Change in Captain.
5.5.3 Over 50% of the crew changing.
5.5.4 Considerable change in schedule from that planned at the time of hire.
5.5.5 Failure by employer to maintain a safe working environment.
5.5.6 Failure by employer to maintain a drug free environment.
5.5.7 Failure to pay within 14 days of invoicing.
5.5.8 Failure to notify the company within 48 hours of departure.
5.5.9 When the employer is otherwise in default of this agreement.

6 Confidentiality Clause

6.1 The Employer shall agree not to distribute any information received from the company to any 3rd parties other than for the purpose of reference verification or background checks.
6.2 The Company abides by the United Kingdom General Data Protection Regulation (GDPR).

7 Crew Information and certificates

7.1 Crew members are responsible for the accuracy of information on their CV’s and the information contained within their profiles on the company database. Whilst reasonable efforts are made to verify the accuracy of
information submitted by crew members, the Company accepts no responsibility should this information be inaccurate or any consequences resulting from inaccurate information. It is the client’s responsibility to verify
all qualifications independently, prior to the crew member joining the vessel. Failure to do so is a failure on the Employer´s part, not that of the Company.
7.2 The Company operates in accordance with all discrimination laws and legislation. Controls are also in place to prohibit the use of blacklists intended to prevent qualified seafarers from achieving employment.
7.3 Records of crew members are kept up to date, and available at all times for inspection by the MCA.
7.4 Maintained records of crew members are only distributed to interested Employers, and no other third parties, other than for the purpose of reference verification or background checks.
7.5 The Company will ensure all candidates hold appropriate and in date certificates for the position. The Company will manage a record of all documents and certificates of successful candidates, for a period of no longer than
12 months.

8 Liability

8.1 The Company shall not be liable under any circumstances for any loss, expense, damage, delay, costs, or compensation (whether direct, indirect, or consequential) which may be suffered or incurred by the Employer
arising from the placement of a crew member. Where the applicant is required by law, or any professional body to have any qualifications or authorisations to work in the position which the Employer seeks to fill, it is
the Employer’s responsibility to verify all qualifications independently.
8.2 Grievances or complaints concerning our recruitment methods and services may be directed to the MCA (mlc@mcga.gov.uk) for any unresolved issues or complaints.

9 Employer Responsibilities

9.1 Crew members are informed of their rights and duties under their seafarer employment agreements (SEA), prior to or in the process of engagement by the Employer.
9.2 Seafarer employment agreements are issued in accordance with applicable laws and regulations.
9.3 Proper arrangements are made for crew members to examine their seafarer employment agreements and seek advice before and after they are signed.
9.4 Crew members receive a signed and completed copy of their seafarer employment agreement.
9.5 Procedures and insurances are in place to ensure that an Employer has the means to protect crew members from being stranded in a foreign port.

10 Solicitation

10.1 The Company agrees to not approach crew members currently employed by the Employer. Should crew members approach the Company directly via phone call, email or other form of communication seeking
employment that will not constitute solicitation.

11 Expenses

11.1 The Employer is responsible for all hiring expenses incurred. These shall not be endured by the crew member, except the cost of the crew member obtaining a national statutory medical certificate, the national seafarer’s
book and a passport or other similar personal travel document.
11.2 Any visa expenses incurred shall be reimbursed by the Employer.

12 Company Employees

12.1 The Company employs experienced staff from within the industry holding senior roles.
12.2 Contracted work (e.g.web design) shall be conducted by recognised professionals.

13 Contract

13.1 Replying to these Terms of Business via post or email will be considered an acceptance of the contents contained within, unless otherwise indicated by the Employer. The Company reserves the right to change these terms periodically. The Employer will be sent the updated Terms of Business & Company Policies and has the right to re-negotiate the terms should they prove unsatisfactory.
13.2 The Company will not engage with any vessel that does not comply with the above requirements.
13.3 Starfish Super Yachts is a private recruitment placement service (RPS) and follow MLC regulations.
13.4 Starfish Super Yachts is not a placement service.
13.5 Starfish Super Yachts is not an employment agency.
13.4 These Terms of Business & Company Policies are governed by of England & Wales law and are subject to the exclusive jurisdiction of the Courts of England & Wales.