(Platinum Crew is a trading name of Platinum Nanny Ltd – UK Company No: 13395697, 3rd Floor Suite, 207 Regent Street, London England W1B 3HH. VAT Registration No: 399 4160 53)
These Terms and Conditions of Business are between *Platinum Nanny Ltd, trading as “Platinum Crew”, a yacht crew staffing agency, and the **Client*. They are deemed accepted by the Client upon the use or engagement of any Candidate introduced by Platinum Crew. Throughout this agreement, "Platinum Crew" refers to the trading name of Platinum Nanny Ltd, and all contractual obligations are with Platinum Nanny Ltd as the legal entity.
1. Definitions
• *“Agency”* refers to Platinum Nanny Ltd trading as Platinum Crew.
• *“Client”* means the yacht owner, captain, manager, employer, or representative requesting services.
• *“Candidate”* means any individual introduced to the Client by Platinum Crew for employment.
• *“Engagement”* includes any form of hiring, contract, or re-engagement, whether direct or indirect, permanent or temporary, and whether arranged immediately or within *12 months* of the Candidate’s initial introduction by the Agency.
• *“Permanent Placement”* means an Engagement of three (3) weeks or longer.
• *“Temporary Placement”* means an Engagement of less than three (3) weeks.
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2. Obligations of the Client
2.1 The Client acknowledges that the Agency acts solely as a private recruitment and introduction agency and is not the employer of any Candidate at any stage whether introduced on a permanent or temporary basis. The Client is solely responsible for any employment or contractual relationship with the Candidate, including all obligations related to salary, tax, social contributions, insurance, visas, travel, accommodation, repatriation, and termination.
The Agency operates in accordance with the Employment Agencies Act 1973 and the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended). Nothing in these Terms shall be construed as creating an employment, partnership, or joint venture relationship between the Agency and any Candidate. The Agency accepts no liability whatsoever for any actions, omissions, performance, conduct, or representations made by the Candidate once introduced or engaged.
2.2 The Client is responsible for:
• Providing accurate and complete job details including the nature of the role, expected duties, living conditions, and location.
• Verifying the suitability of any Candidate under STCW, ISM, SOLAS, and flag state law introduced by:
* Ensuring all seafarers have valid, authentic documentation and are fit for duty.
* Contacting referees and reviewing *written references / referee contact details* provided by the Candidate.
* Inspecting ID and right-to-work documents.
* Conducting criminal record checks or confirming STCW/Flag State endorsements.
* Confirming medical certifications and seafarer documentation as per flag state or MLC 2006 requirements.
* Conducting trials or assessment days as deemed necessary.
2.3 The Client (Employer) must:
• Agree terms of employment directly with the Candidate.
• Provide a written offer and sign a valid employment contract.
• Confirm salary and start date to the Agency.
• Comply with all applicable maritime laws, flag state regulations, and MLC 2006 standards.
• Arrange and fund travel to and from the yacht for the Candidate at the beginning and end of the Engagement.
• Provide adequate insurance, accommodation, meals (if applicable), and a safe working environment.
• Inform the Agency immediately of any Engagement, trial, or cancellation.
2.4 By reviewing any Candidate documentation (including but not limited to branded CVs and references), or by engaging in any form of communication with the Candidate (including telephone, video, or in-person interviews), the Client is deemed to have read, understood, and accepted these Standard Terms and Conditions, including the fee structure outlined in Clause 4.
Each branded Candidate CV issued by the Agency clearly contains a statement referencing these Standard Terms and Conditions. This constitutes valid and sufficient notice to the Client, and any further engagement with the Candidate shall be treated as full and binding acceptance of the Agency’s Terms.
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3. Obligations of the Agency
3.1 The Agency will use reasonable care and skill to introduce suitable Candidates in accordance with the Client’s brief.
3.2 The Agency will request the following from Candidates:
• An up-to-date CV.
• Identity documentation
• Mandatory Maritime Certificates and other yachting qualifications where available (e.g. ENG1, STCW).
• Written references / referee contact details
3.3 The Agency will disclose the status of documentation provided but does not warrant the accuracy or completeness of any documents, claims, or statements made by the Candidate. All due diligence is the sole responsibility of the Client.
3.4 The Agency shall not be liable for any act, omission, misrepresentation, or falsification of information by the Candidate, including but not limited to inaccuracies in CVs, references, qualifications, identity documentation, or certifications, once the Candidate has been introduced or engaged.
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4. Fees and Payment
4.1 Permanent Placement Fee:
The Client agrees to pay a non-refundable introduction fee equal to one (1) month of the Candidate’s gross salary, or a minimum of €3,000, whichever is greater. This applies to all permanent and seasonal placements of more than 3 weeks and must be paid **prior to the Candidate’s first working day* or *within 7 days of the invoice date*, whichever comes first.
4.2 Temporary Placement Fee:
For temporary engagements of less than three (3) weeks, a minimum *non-refundable fee of €3,000 per Candidate* shall apply.
4.3 Trial or Short-Term Cover Fee:
For short-term trials or cover of up to a maximum of three (3) days, the Agency charges a *flat fee of €500 + €50 per day*. These are considered chargeable Engagements under these Terms.
4.4 The Client is responsible for any and all travel expenses for the Candidate to join the yacht at the commencement of their Engagement and to return to their home or next assignment at the end of their Engagement, regardless of the type of contract, length of service, reason for termination, or location.
For the avoidance of doubt, Platinum Crew acts solely as an introduction agency and is not the employer of the Candidate. The Agency accepts no liability or responsibility for employment-related costs, including but not limited to travel, insurance, medicals, payroll, taxation, repatriation, or termination obligations.
4.5 *Fees are non-refundable.*
4.6 If the Candidate is subsequently offered a *permanent position* or engaged for a longer period than originally agreed, a *further agency fee is due. For permanent positions and additional 1 months salary shall become immediately due. For temporary positions
4.6 – Temporary-to-Permanent and Extended Engagements
4.6
If a Candidate is subsequently engaged for a longer period than originally agreed, or if the nature of the Engagement changes from temporary to permanent, the Client shall be liable for additional agency fees as follows:
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For permanent positions, an additional introduction fee equal to one (1) month of the Candidate’s gross salary shall become immediately due.
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For temporary positions:
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A fee of €500 + €50 per day applies, or a minimum of €3,000, whichever is greater.
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This clause applies regardless of whether the role title, contract terms, or working conditions change.
4.7 *Late Payment Penalty*:
If any invoice remains unpaid beyond 7 days, the Agency reserves the right to charge *interest at 10% per annum* above the Barclays Bank base rate, plus a *one-time administrative late fee of €500* to cover recovery costs.
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5. Replacement Guarantee
5.1 If a Candidate leaves or is terminated within the *first two (2) weeks, the Client may request a **one-time free replacement*, provided:
• Written notification is sent to the Agency within three (3) days of termination.
• The original invoice was paid on time and in full.
• The job description and working conditions were not materially altered.
• The Client did not re-engage the Candidate or refer them to a third party.
• The Agency is granted exclusive rights to provide a replacement within a reasonable time frame.
5.2 The replacement guarantee is forfeited if:
• The Client fails to meet the conditions outlined in 5.1.
• The Client cancels the engagement less than 14 working days before the start date.
• The Candidate left due to unreasonable or unsafe conditions.
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6. Confidentiality and Data Use
6.1 All Candidate profiles, CVs, and communications are confidential. If the Client or any associate refers a Candidate to another party or vessel and this results in an Engagement, the Client shall be *liable for the full agency fee*.
6.2 The Agency is compliant with GDPR and UK Data Protection Law. All personal data is stored securely and used only for recruitment purposes.
7. Disclaimer and Limitation of Liability
7.1 The Agency acts solely as an introduction service and has *no employment or contractual relationship* with the Candidate.
7.2 The Agency shall not be liable for:
• Any act, omission, negligence, misconduct, or breach by the Candidate.
• Any financial loss, damage, injury, delay, or claim resulting from the Candidate’s employment.
• The accuracy or completeness of information, documentation, or references provided by the Candidate.
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8. General Provisions
8.1 All fees must be paid in full prior to the Candidate commencing work, regardless of employment outcome or duration.
8.2 If the Client refers the Candidate to *any third party* (including another yacht, agency, or management company) and that party engages the Candidate, the *Client remains fully liable* for the applicable agency fee.
8.3 All fees are payable in full regardless of the outcome or length of the Candidate’s employment.
8.4 These Terms and Conditions and any dispute arising under them shall be governed by the laws of *England and Wales*.
By engaging with any Candidate or using the Agency’s services, the Client irrevocably agrees to submit to the exclusive jurisdiction of the courts of England and Wales, regardless of the Client’s location.
8.5 The Client shall not, directly or indirectly, attempt to circumvent the Agency’s fees by entering into any agreement with the Candidate that would avoid or reduce the fee. Any such action will render the full Permanent Placement fee immediately due.
8.6 The Agency shall not be held liable for any failure or delay in performing its obligations due to force majeure events, including but not limited to pandemics, natural disasters, war, terrorism, port closures, or government restrictions.
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Signature
No physical signature is required. By reviewing Candidate CVs, engaging in any form of communication with a Candidate, or proceeding with a trial or placement, the Client is deemed to have read, understood, and accepted these Standard Terms and Conditions in full.