TERMS AND CONDITIONS

Effective Date: 9/25/24


1. INTRODUCTION

Welcome to Maritime Concierge Services (“the Company”). We are dedicated to providing high-quality vessel concierge services tailored to meet the unique needs of our Clients. By engaging our services, you (“the Client”) acknowledge and agree to abide by these Terms and Conditions (“Terms”).

These Terms outline the rights, responsibilities, and expectations governing the relationship between you and Maritime Concierge Services. We encourage you to read these Terms carefully to understand your rights and obligations. If you do not agree with any part of these Terms, please refrain from using our services. Your continued use of our services signifies your acceptance of these Terms and any updates or modifications that may occur.


2. SCOPE OF SERVICES 

Maritime Concierge Services provides a range of vessel concierge services including, but not limited to, vessel cleaning, detailing, maintenance, wellness checks, scheduling, and related services (“the Services”). The scope of services is agreed upon when booking and confirmed in the service contract. We reserve the right to refuse or limit services at our discretion.


3. CLIENT OBLIGATIONS

  1. The Client is responsible for ensuring that the vessel is in a condition suitable for the services provided by the Company.
  2. The Client must disclose any hazards, sensitive equipment, or potential safety concerns on the vessel prior to the commencement of services.
  3. Access to the vessel must be granted to the Company’s personnel as scheduled.


4. INSURANCE REQUIREMENTS

The Client agrees to maintain active insurance coverage on their vessel at all times during the period of engagement with Maritime Concierge Services.

  1. The Client is required to designate Captain Sam Villani, a representative of Maritime Concierge Services, as an additional insured party on their vessel insurance policy. This designation ensures that appropriate coverage is in place while services are being rendered.
  2. Furthermore, the Client must maintain either a TowBoatUS or SeaTow membership for supplementary towing and emergency assistance coverage, providing an added layer of protection.
  3. Failure to uphold the necessary insurance requirements or to maintain the specified emergency assistance membership may result in the immediate suspension or termination of services.


5. EXCLUSIVE USE OF MARITIME CONCIERGE SUBCONTRACTORS

The Client agrees to exclusively use subcontractors provided by Maritime Concierge Services for any services related to the cleaning, detailing, maintenance, or other vessel services covered by this agreement.

  1. Engaging external subcontractors for services that Maritime Concierge Services or its subcontractors could provide constitutes a breach of contract.
  2. In the event that the Client violates this provision, Maritime Concierge Services reserves the right to immediately terminate the service agreement, and the Client may be liable for any associated cancellation fees or damages incurred by the Company.


6. PRICING, PAYMENT, AND CREDIT CARD ON FILE  

All service fees will be outlined in the Service Agreement and are subject to approval by the Client prior to the commencement of work.

  1. Credit Card on File: The Client must provide a valid credit card, which will be kept on file for billing purposes. The Company will process payments according to the terms below.
  2. An automatic charge of 50% of the total estimated service cost will be made prior to the commencement of the services to cover parts and labor.
  3. The remaining 50% of the total service cost will be charged upon completion of the services, subject to the Client’s approval as outlined in Section 10.

Payment must be made in full within 7 days of the final invoice date. Late payments will incur a fee of 30% per month on the outstanding balance.


7. ADDITIONAL SERVICES AND CONCIERGE FEE

Maritime Concierge Services reserves the right to include a 25% concierge fee for any additional services requested by the Client. This concierge fee covers:

  1. Scheduling and coordination of the requested service(s)
  2. Oversight of the service(s) provided
  3. Travel costs incurred for on-site visits
  4. On-site inspection of services to ensure quality and compliance
  5. Photos taken and uploaded to the Client's Album as documentation of services rendered


8. CANCELLATIONS AND RESCHEDULING

Cancellations or rescheduling requests must be made at least 5 days in advance. If the Client cancels or reschedules services within 5 days of the scheduled time, a cancellation fee of 25% may apply. In the event of inclement weather or unsafe conditions, the Company reserves the right to reschedule services at no penalty to the Client.


9. LIABILITY AND INSURANCE

THE COMPANY SHALL NOT BE LIABLE FOR ANY PRE-EXISTING DAMAGE, NORMAL WEAR AND TEAR, OR ISSUES RESULTING FROM FACTORS BEYOND ITS CONTROL, INCLUDING BUT NOT LIMITED TO ADVERSE WEATHER CONDITIONS, INHERENT DEFECTS IN THE VESSEL, OR ACTIONS TAKEN BY THIRD PARTIES. THE CLIENT AGREES TO MAINTAIN ADEQUATE INSURANCE COVERAGE FOR THEIR VESSEL AS DETAILED IN SECTION 4 OF THIS AGREEMENT, WHICH MUST COVER ALL RISKS ASSOCIATED WITH THE VESSEL AND ANY POTENTIAL LIABILITIES ARISING DURING THE PROVISION OF SERVICES BY THE COMPANY. THE CLIENT SHALL PROVIDE PROOF OF INSURANCE UPON REQUEST, AND FAILURE TO DO SO MAY RESULT IN THE SUSPENSION OR TERMINATION OF SERVICES. FURTHERMORE, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE SERVICES PROVIDED UNDER THIS AGREEMENT. THE CLIENT AGREES TO INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS ARISING OUT OF THE CLIENT'S NEGLIGENCE OR FAILURE TO MAINTAIN PROPER INSURANCE, AND ALL INSURANCE MAINTAINED BY THE CLIENT MUST COMPLY WITH APPLICABLE LAWS AND REGULATIONS.


10. DAMAGE AND CLAIMS  

Any damage claims must be reported to the Company within 24 hours of service completion. The Company will assess the claim, and if the damage is determined to have been caused by the Company’s personnel, appropriate compensation or repairs will be arranged.


11. CLIENT ALBUM AND APPROVAL OF WORK

Maritime Concierge Services is committed to maintaining an up-to-date Client Album for each Client. This album will contain documentation including photos of completed services, wellness checks, and relevant membership information. The Client is required to review the Client Album to approve any work performed on their vessel; such approval must be provided through the Client Album prior to the processing of final payment. Should the Client have any concerns regarding the services rendered, they are obligated to notify the Company within 48 hours of reviewing the Client Album. This ensures that any issues can be promptly addressed and resolved in a timely manner.


12. CONFIDENTIALITY

Both Maritime Concierge Services and the Client acknowledge and agree to maintain the confidentiality of any proprietary or confidential information shared during the course of their relationship. This includes, but is not limited to, business practices, financial information, client data, and any other sensitive information obtained from either party.

The Company will not disclose any Client information to third parties without the Client’s prior written consent, unless required by law or regulatory authorities. Similarly, the Client agrees not to disclose any confidential information obtained from the Company to any third parties without prior written consent.

This confidentiality obligation shall survive the termination of the service agreement and remain in effect for a period of five (5) years from the date of termination. Both parties acknowledge that any breach of this confidentiality clause may result in irreparable harm, and the injured party shall be entitled to seek injunctive relief in addition to any other available remedies.


13. FORCE MAJEURE

Maritime Concierge Services shall be held liable for any failure or delay in the performance of their respective obligations under this agreement if such failure or delay is due to circumstances beyond their reasonable control. These circumstances include, but are not limited to, acts of God, natural disasters, war, terrorism, strikes, Labor disputes, governmental actions, pandemics, or any other events that could not have been reasonably anticipated or prevented.

In the event of a force majeure occurrence, the Company shall promptly notify the Client in writing, providing details of the nature of the force majeure event and its expected duration. Both parties agree to use reasonable efforts to mitigate the impact of such events on their respective obligations.


14. DISPUTE RESOLUTION  

In the event of any dispute, controversy, or claim arising out of or relating to this agreement, the parties agree to first attempt to resolve the matter amicably through direct negotiations. Either party may initiate this process by providing written notice to the other party, outlining the nature of the dispute and any proposed resolutions.

If the dispute is not resolved within thirty (30) days of the initial notice, the parties agree to submit the dispute to mediation conducted by a qualified mediator agreed upon by both parties. The mediation shall take place in Naples, FL, and both parties shall share the costs of the mediation equally.

Should mediation fail to resolve the dispute, either party may then pursue binding arbitration in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall be conducted by a single arbitrator in Florida, and the decision of the arbitrator shall be final and binding on both parties. Each party shall bear its own legal fees and costs associated with the arbitration.

This dispute resolution process shall be the exclusive method for resolving any disputes arising under this agreement, and both parties waive any right to pursue litigation in court, except to enforce the arbitration award. This agreement shall be governed by and construed in accordance with the laws of the State of Florida.


15. GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of Florida.


16. AMENDMENTS AND NOTICES

16.1 Amendments: These Terms and Conditions may be amended or modified at any time by Maritime Concierge Services. Any amendments or modifications shall be effective immediately upon being posted on the Company's website or otherwise communicated to the Client. It is the Client's responsibility to review these Terms periodically to stay informed of any changes. Continued use of the services after such amendments constitute acceptance of the revised Terms.

16.2 Notices: Any notices or communications required or permitted under this agreement shall be in writing and shall be deemed delivered when delivered personally, sent by certified mail, return receipt requested, or sent by email to the respective parties' addresses as specified in this agreement or as otherwise designated in writing. Notices to the Company shall be directed to:


Maritime Concierge Services

6135 Painted Leaf Lane

Naples, FL 34116

Email: MaritimeConciergeServices@gmail.com 

Notices to the Client shall be directed to the contact information provided at the time-of-service registration. It is the Client's responsibility to ensure that their contact information is accurate and up-to-date.


17. WARRANTIES AND DISCLAIMERS

17.1 Warranties: Maritime Concierge Services provides its services on an "as is" and "as available" basis. The Company makes no warranties, express or implied, regarding the services provided, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The Company does not warrant that the services will be uninterrupted, error-free, or free from viruses or other harmful components.

17.2 Disclaimers: The Client acknowledges that any reliance on the services provided by Maritime Concierge Services is at the Client's own risk. The Company shall not be liable for any damages, including indirect, incidental, or consequential damages arising from the use of or inability to use the services, even if the Company has been advised of the possibility of such damages.


18. WAIVER

No waiver of any provision of these Terms shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Any failure by Maritime Concierge Services to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.


19. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms shall remain in full force and effect.


20. ENTIRE AGREEMENT

These Terms and Conditions, along with any other agreements or documents expressly incorporated by reference, constitute the entire agreement between the Client and Maritime Concierge Services with respect to the subject matter herein and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between the Client and the Company.


21. INDEMNIFICATION

The Client agrees to indemnify, defend, and hold harmless Maritime Concierge Services and its officers, directors, employees, agents, and subcontractors from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Client's use of the services, any breach of these Terms, or violation of any rights of another party.


22. ACCEPTANCE  

By engaging the Company’s services, the Client acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.