You must read, agree with, and accept all of the terms and conditions contained in these Terms.
YachtEye BV, a company incorporated in the Netherlands, having office at 1013 AS, Amsterdam, Silodam 256, registered under the Dutch Chamber of Commerce 77403355 hereinafter “YachtEye BV” carries on the business of the provision of consulting services relating to the services specified in the YachtEye Framework.
YachtEye is a registered trademark of YachtEye BV with IBAN/SEPA: NL32 RABO 0351 3191 23 | BIC/SWIFT: RABONL2U VAT: NL860997388B01 registered at the Chamber of Commerce with number 77403355.
Applicability of These Terms and Conditions
Our general terms and conditions of sale, delivery and payment shall apply with the explicit rejection of all other terms and conditions - to all offers and contracts. Special stipulations deviating from our general terms and conditions will only be binding if they have been agreed in writing. A client who has previously done business with us and on this basis was able to take cognizance of these terms and conditions is also assumed to have taken cognizance of them with respect to later offers and transactions.
Offers
All offers and/or tenders shall be free of engagement, unless explicitly stated otherwise. If an offer is made without engagement and is accepted by the client, then we will be entitled to withdraw the offer within 8 working days after acceptance is received. Verbal offers from us or our employees will not be binding unless they have been confirmed by us in writing.
Yachteye Framework
YachtEye BV delivers the YachtEye framework and services related to it as per available price lists and/or custom estimations.
The standard prices include:
- YachtEye server
- Software framework
- Remote commissioning
- And cover only the moments from project Purchase Order to the moment in time the system is commissioned. Request a copy of our LMSS document for the annual costs associated with your YachtEye system.
The standard prices exclude:
- Pre-requisites
- On site commissioning. YachtEye BV provides an initial installation of the system via remote access, all other costs involved for installation work, connections and (remote) access will be charged to client.
- Other bespoke YachtEye BV services like digital content or bespoke modules. Our rates for Engineering, Project Management, Support, Development, Training, Installation are €150/h in blocks of 4h: in case actual time spent is <4h, a total of €600 will be charged. Weekends (Saturday, Sunday) and holidays will be charged at +25%.
- Travel and lodging. Travel time is calculated at €90/h.
- VAT. For invoices addressed to a properly VIES-registered company the VAT charges are omitted due to the legislation on reverse charge purchases between EU member states.
- Shipping.
- On site Training.
Additional costs related to it are invoiced at actual costs + 15% for handling.
Agreements
Agreements or contracts with subordinate members of our personnel shall not be binding on us, in so far as they have not been confirmed by us in writing. Subordinate personnel in this connection will be understood to mean all employees and staff members who do not have power of attorney.
Pricing
All agreed prices shall be binding, unless after the offer the prices of auxiliary materials and parts, which we obtain from third parties, wages, salaries, social costs, government charges, freight and/or other charges increase, even if this is the result of a drop in the value of Euro currency, and even if this is due to circumstances which were already foreseeable at the time of the offer. These increases will then be passed on.
In the event of a price increase within three months after the contract is concluded, the client will be entitled to dissolve the contract within one week after they have taken note of the price increase, and provided that no delivery has been made.
In the event of a price increase which we have to implement because of government regulations, the contract may not be dissolved. Any additional charge due on the basis of this article must be paid together with the principal sum.
For invoices addressed to a properly VIES-registered company the VAT charges are omitted due to the legislation on reverse charge purchases between EU member states.
Delivery
Packing, transport and insurance charges are to be paid by the cliënt. Loading will take place at our risk. Transport and unloading will take place at the client's risk. The delivery time of the products commences the moment we have received the order. Indicated delivery times are not to be considered deadlines. The client is obliged to give his instructions for delivery completely and promptly enough that we that we are able to deliver within the agreed time period. If the client gives his instructions too late, the delivery time will be extended correspondingly, on the understanding that three working days must always be available, e.g. for marking the packaging. If the client fails to give his instructions within a reasonable period of time, we shall then be entitled to dissolve the contract and the client shall be liable to pay us damages. We will be entitled to deliver the products either earlier or later than agreed. We will be entitled to perform the contract in partial deliveries. If we are unable to perform our obligations on time, we will immediately notify the client to this effect and state the time by which we reasonably expect to exceed the delivery term. If we do not deliver on time, the client must still give written notice of default and, taking all circumstances into consideration, must also give us a reasonable amount of time within which we can make delivery, without our being liable for damages within that time. If a deadline was agreed or a deadline has yet been fixed by the client, we shall be entitled either to suspend the delivery or to dissolve the contract, at our discretion - in the event of force majeure on our part, among other things as referred to in these terms and conditions, and we have thus committed no imputable breach of the contract. The duration of such suspension depends on the duration of the circumstances causing the force majeure, on the understanding that if the circumstances last longer than 4 weeks, the client will be entitled to dissolve the contract. In this case we shall not be liable for damages. If a deadline was agreed or a deadline has yet been fixed by the client within which we must deliver, and the delivery is not made, then we will be bound to compensate the client for the damage and/or losses incurred, with due observance of what has been stipulated with respect to damages in this contract.
Retention of Title
As long as we have not received payment in full of everything owed to us, we shall retain title to the products and/or software licenses delivered, whether processed or unprocessed. Our retention of title will continue if we still have any claim against the client on another basis. We will be entitled to reclaim our products and take them back if the defaulting client does not fulfill his obligations, if he goes into liquidation, applies for or has been granted amoratorium on payment, had been declared insolvent or if his property has been attached. The client shall be prohibited from carrying out any acts of disposition in respect of the products delivered, including commitment of those goods to third parties, e.g. banks by means of e.g. pledging, as long as he has not fulfilled his payment obligations.
Complaints
Any complaints must be sent to our address in writing or email within 14 days of receiving the goods; we will not be obliged to handle later complaints. Return shipments must be made franco and will only be allowed after we have given permission. The purchaser will include the return merchandise authorization (RMA) number and will bear the risk of return shipments.
Guarantee
The proper operation of the equipment is guaranteed for the duration of one year (from date of invoice), on the basis of exchange of parts. For software the guarantee applies only for the YachtEye BV software, not for connected software or applications of third parties. The guarantee (which document is enclosed with each delivery) stipulations will not be applicable if it is evident that the equipment has been neglected, improperly used, maintained or connected, changes have been made to its construction or software or it has been repaired by third parties who were not authorized to do so. The guarantee shall only apply if our other party has fulfilled all his obligations (both financial and otherwise) under any contract whatsoever between him and us.
Liability and Damages
We shall not be liable for any costs, damage and/or losses and interest which might arise as a direct or indirect result of:
- A. force majeure, as described in these conditions;
- B. use by client of our equipment for illegal purposes or intruding rights of third parties.
- C. acts of negligence by the client, his employees, or other persons put to work by him or on his behalf.
Any claim for damages, except those with regard to nonperformance of the guarantee obligations, shall be ruled out. The client undertakes to indemnify us against any claims from third parties with respect to our deliveries. If, without having received an order for assemblage, we indeed provide help and advice of any kind in the assemblage, this will take place at the risk of the other party.
Payment
Payments must be made in Euro, without the deduction of any discount and, if not otherwise agreed, within 30 days of the date of invoice. If, after our products have been sent, it becomes known to us that the client is in an unfavourable financial position, we will be entitled to require either immediate payment or the provision of security.
Delayed Payments: a 40€ fee plus 8% interest for late payments calculated from the date of invoice will be applied in accordance with directive 2011/7/EU.
Force Majeure
Extraordinary circumstances, such as storm damage and other natural disasters, hindrance by third parties, hindrance of transport in general, total or partial strikes, riots, war or threat of war in this country as well as in the country of origin of the products, lockouts, loss of or damage to the products in transport to us or the client, failure to deliver or late delivery of goods by our suppliers, export and import prohibitions, total or partial mobilisation, obstructive measures of any government, fire, breakdown and accidents at our company or in our means of transport, or in the means of transport of third parties, the imposition of levies or other government measures that bring about a change in the actual circumstances, situations in general in which we cannot be expected to perform (on time) shall be force majeure for us, which discharge us from our obligations to deliver (on time), without the client being able to assert any right whatsoever to claim damages of whatever nature or designation. In such or similar cases, we will be entitled, at our own discretion, either to dissolve the contract after a reasonable period of time without being liable for any damages, or to demand that the contract be adjusted to the circumstances.
Applicable Law
All contracts shall be governed exclusively by Dutch law.
Disputes
Any disputes arising from the contract concluded between the parties, including the mere claiming of the amount owed, shall be put before the Civil Court of the Netherlands where we have our registered office to which the client consents.
Obligations of the Client
The Client shall furnish YachtEye BV with sufficient information on content, planning and infrastructure for YachtEye BV to carry the services. The Client shall respond to any requests of YachtEye BV in the fastest time reasonably possible. Any delay caused by the lack of response from the Client is the sole responsibility of the Client and extra costs derived from this will be charged to the Client.
Privacy Statement YachtEye BV
The protection and privacy of your personal data is important to us. This privacy statement explains the personal data we collect from you, why we collect it, how we use it and how we protect it. We encourage you to read the whole statement.
Personal Data We Collect from You
We collect personal data directly from you through forms on our websites (www.yachteye.com and www.vxcruise.com), on social media platforms, via email contact and over the phone.
Information we may collect as the following:
- First and last name
- Job title and Company and/or Vessel
- Contact details including phone number, email address and work address
- Demographic information and preferred language
Use of Personal Data
We require this data for our own legitimate interests in:
- Understanding your needs and preferences
- Maintaining our records and databases
- Providing clients with information about YachtEye BV and all her other brands & products.
- Informing prospective clients about our products and services
- Analysing market intelligence for further marketing strategies
How We Secure Your Personal Data
YachtEye BV is committed to ensure that your information is secure. We do not sell your personal information to third parties. To prevent unauthorised access, we have built in an electronical and managerial procedure to secure and safeguard the personal data we gather online.
Use of Cookies
A cookie is a small file, which asks permission to gets installed on the hard drive of your computer. A cookie, after agreements, allows the website to monitor your browsing activity. Every action will be collected as data and helps tailor the web application to your needs, likes and dislikes.
YachtEye BV uses traffic log, to track the visited pages. This helps us gather information which improves the website to the wishes of our visitors. We only use this data for statistical purposes only.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Retention Period for Personal Data
We retain personal data in our systems for the following periods:
Personal data relating to users of our services – for the period of the relevant subscription or other contractual relationship and for 3 years after that.
Marketing data — for the period that the individual remains subscribed with a specific email address. If a person unsubscribes we will keep their first name, last name and email address only on an unsubscribed list.
After that time, unless there is a need to retain that data for purposes connected with protecting our interests we will erase from our systems all data other than that needed to comply with our statutory obligations. Personal Data may be archived up to 3 years. These backups are stored offline, on a local system. After 3 years these will automatically be removed and all data destroyed.
Controlling Your Rights and Personal Information
You may choose to restrict the collection of your personal data in the following ways:
Unsubscribe at the bottom on one of our marketing emails.
Contact us sales@yachteye.com to review and change your current data collection.
If you have a complaint about this privacy statement or the way in which we use your personal information, please write or email us as soon as possible.
YachtEye B.V.
Silodam 256
Amsterdam, NH 1013 AS
The Netherlands
sales@yachteye.com
