These Terms & Conditions ("Terms") govern the provision of services by Vortx Yachting Solutions ("Vortx"). Depending on the service engaged, the relevant section(s) shall apply.
The agreed Scope of Work will always be defined in writing in the corresponding quotation or service agreement.
All fees are expressed in Euros (€) and are exclusive of VAT, which will be added where applicable.
If a Candidate introduced by Vortx is employed or re-employed by the Client within 12 months of the initial introduction, the applicable fee will be charged.
Payment Terms
Full-time: payable within 30 days of employment start date.
Seasonal/temporary: payable within 14 days of invoice date.
Late payments may incur interest charges.
Warranty
Full-time: If the Candidate leaves/dismissed within 3 months → seasonal fee applies, balance held as credit for 12 months.
Seasonal: If Candidate leaves/dismissed within 90 days → temporary fee applies, balance held as credit for 12 months.
Temporary: no warranty.
Exclusions & Limitations
Client remains solely responsible for:
Providing employment contracts.
Payroll, insurance, and MLC compliance.
Candidate performance, conduct, and retention are outside Vortx's responsibility.
Candidate data is confidential; sharing with third parties that results in employment constitutes a placement subject to fees.
Vortx excludes liability to the maximum extent permitted by law.
2. Project Management & Consultancy Services
Scope of Services
Vortx provides independent consultancy and project management, including:
Planning, supervision and coordination of refits, repairs, and technical works.
Contractor sourcing, negotiation, and validation.
Budget tracking, cost-control oversight, and transparent documentation management.
Communication bridge between Owner, Captain, Crew and contractors.
Technical consultancy and independent second opinion.
Introduction of contractors (commission 5–10% once works are completed).
Dedicated project management for individual works or complete refits.
Fees and Pricing
Tiers of Service
Hourly Support: €93/hour (excl. VAT).
Individual Project Oversight: fixed fee, agreed per quotation.
Complete Refit Management: fixed or monthly fee, tailored to project scope and duration.
Travel & Expenses
Travel outside Mallorca billed depending on distance and days.
Travel time: €80/hour + flights, hotels, transfers and sustenance at cost.
Extraordinary travel (long-haul, extended stays, urgent mobilization) will be quoted in advance.
Documentation & Transparency
Vortx will collect, store and organize all project documentation (quotes, invoices, payments, certificates, change orders, etc.) transparently.
All documentation will be accessible to the Client and yacht at all times via digital platforms or direct request.
Validation & Approval
If Vortx is granted Power of Attorney (PoA) or equivalent mandate during a refit:
No document (quote, invoice, change order, acceptance certificate, service agreement) will be valid without three signatures:
Vortx → confirming review of conditions, deliverables and scope.
Management/Owner (or representative) → confirming financial and contractual approval.
Captain (or Head of Department) → confirming technical and operational alignment.
Signatures may be electronic or handwritten.
Exclusions & Limitations
Vortx does not guarantee pricing, availability, or performance of contractors.
Vortx is not authorized to sell products or equipment; its role is limited to recommendation or introduction.
All payments to contractors are handled directly by the Client.
Crew remain responsible for onboard safety and compliance with regulations.
Scope changes must be agreed in writing and invoiced separately.
Vortx is excluded from responsibility for delays caused by shipyards, contractors, supply chains, or authorities.
Force majeure events (strikes, pandemics, political unrest, etc.) exclude liability.
Liability is limited to fees paid for the specific service.
Either party may terminate with 30 days' written notice.
3. On-Demand Consultancy Services
Scope of Services
Vortx provides consultancy and support on a flexible, task-based basis, including:
Contract & Budget Review: analysis of clauses, terms and costs.
Quotation & Invoice Validation: detecting discrepancies or overbilling.
Change Order Oversight: preventing unnecessary cost increases.
Captain & Owner Support: second opinion and negotiation advisory.
Contractor Sourcing & Validation: introductions with 5–10% commission after project completion.
Candidate Screening Support: reference and digital footprint checks.
Berth & Marina Bookings on behalf of Owner or Captain.
Fees
Contract/quotation/invoice review: from €150/task.
Hourly consultancy rate: €93/hour (excl. VAT).
Contractor introductions: 5–10% commission after project completion.
Management of contractor's execution: invoiced separately.
Payments & Cancellations
Invoices issued upon service delivery.
Payment terms: 15 days from invoice date.
Cancellation after acceptance but before work starts: 25% cancellation fee.
Once a review has commenced, fees are non-refundable.
Service Terms
Vortx strives to provide expert, objective, and transparent consultancy. All services are rendered with due diligence and professional care. Specific terms for each engagement will be outlined in a service agreement or proposal.
All advice is for informational purposes only and does not constitute legal or financial counsel.
Client is responsible for final decisions based on information provided.
Exclusions & Limitations
No legal representation or certified surveys.
No dismantling, destructive testing, or sea trials (unless agreed separately).
No direct execution of works, crew payroll or HR management.
Vortx excludes liability for:
Failures by contractors, suppliers or third parties.
Losses resulting from information not disclosed by the Client.
Liability strictly limited to fees paid for the specific service.
4. General Provisions
All services commence only after written client approval of quotation or service agreement.
Confidentiality
All information exchanged with Clients is confidential.
Independence
Vortx acts as an independent consultant, with no hidden commissions or kickbacks.
Fees
All fees exclude VAT.
Governing Law
These Terms are governed by Spanish Law, with jurisdiction in Palma de Mallorca.
Liability
Vortx excludes all liability to the maximum extent permitted by law.