Accuritas Global Solutions Terms & Conditions of Service
By subscribing to services from Accuritas, you (“Client”) agree to the below terms and conditions. If you do not or cannot agree with the following terms and conditions, please discontinue and suspend use of services from Accuritas immediately. Please contact Accuritas for additional options or services.
All rates listed in this proposal/agreement are inclusive of the services listed and includes reasonable communication costs.
There are no other additional or hidden costs associated with service from Accuritas.
Any additional requests, services, upgrades, options or special communication costs will require prior approval from Client and will be billed to Client separately of the above service(s).
The rates quoted in this proposal/agreement are valid for the period of 1 year, commencing from the date of acceptance. The date of acceptance will be determined either by: 1) Receipt by Accuritas of a signed and executed proposal/agreement, or 2) an email confirmation accepting the terms on the Accuritas proposal/agreement, or 3) nomination of a ship to Accuritas under the services, rates and the terms listed in this proposal/agreement.
The rates quoted in this proposal/agreement are based on information provided to Accuritas by Client about their vessels and typical voyages. Accuritas and Client will have the right to review the contract 3 months from the date of commencement to ensure vessel days and pricing are in line with the parameters of the agreement.
This agreement is for an initial 1-year period starting with the commencement of service. At the end of the 1 year initial service period this agreement will automatically renew for a 1 year period unless terminated by either party by written notice 90 days prior to the 1-year anniversary date. This agreement will continue to automatically renew at the conclusion of each 1-year period for another 1-year period unless terminated by either party by written notice 90 days prior to the 1-year renewal date.
Either party may terminate this agreement at any time by providing the other party with 90 days’ written notice of termination. In the event that Client terminates this agreement, 1) all funds due to Accuritas for service through the final date of termination will be immediately become due to Accuritas and be paid to Accuritas within 30 days of the termination notice, and 2) Accuritas will not be obligated to provide any services to Client included in this proposal unless charged for separately based upon an hourly consultation fee.
For services that include custom Excel reports, Accuritas will work closely with Client to create custom reports that meet Client’s exact requirements and specifications. Once the mutually agreed reports are fully operational, Accuritas will provide Client with a semi-annual review process including consultation at which time reports may be modified, updated or revised included as part of our on-going service and relationship. Depending on the complexity, more frequent report revisions or updates may incur additional charges that will be quoted and approved by Client prior to the commencement of any work.
The monthly vessel charge will be charged at the beginning of the month for all vessels being monitored.
Additional services (i.e. weather forecasting and routing), requests and upgrades requested during the month will be invoiced at the end of the month in which they are rendered and added to the next monthly invoice.
Once a vessel has started service with Accuritas within a given month on a monthly subscription service, the entire monthly fee for that vessel will be charged, applicable and owed to Accuritas. Accuritas does not pro-rate for cancellations of any monthly service or monthly fee once the service has commenced at any time within the month.
Any additional vessels that are added after the first day of a month or anytime throughout the month will incur a pro-rated charge based on the date of nomination by Client to Accuritas or the date of the commencement of services by Accuritas to Client and/or Vessel (whichever comes first) for the month they begin service. They will be invoiced at the end of the month and charges will added to the next monthly invoice. Pro-rated monthly charges are calculated, rounded and billed in quarter month intervals per the following 7-day period schedule:
(Monthly Day of Nomination/Service Commencement = Pro-rated monthly Charge)
- Days 1-7 = (1.00 x Total Monthly Charge)
- Days 8-14 = (0.75 x Total Monthly Charge)
- Days 15-21 = (0.50 x Total Monthly Charge)
- Days 22-End of Month = (0.25 x Total Monthly Charge)
Cancellation of service for a vessel is the client’s responsibility at all times. If you do not notify Accuritas to cancel service then all service fees will apply and be charged until Accuritas is notified to stop servicing the vessel. Please remain vigilant of your vessel’s condition and be sure to notify Accuritas in writing in a timely manner if stopping service for a specific vessel.
Accuritas’ procedure for providing route recommendations is to derive the optimal route from a review of the shortest distance, environmental conditions, ship characteristics and navigational hazards. Accuritas’ route assessments are recommendations only. Ship Masters should utilize Accuritas’ recommendations in combination with other information sources. Route decisions are the sole responsibility of the Ship’s Master.
In determining a route recommendation, Accuritas does not provide information, advice or take into account factors other than distance, environmental conditions, ship characteristics and navigational hazards which may impact your voyage including but not limited to piracy, political status, etc. It is the client’s responsibility to monitor and be knowledgeable about all other factors that may impact your voyage and to advise Accuritas in writing, of such considerations client wishes Accuritas to consider during the routing process.
Accuritas assumes no responsibility or liability for the accuracy or timely delivery of forecasts or for any damages suffered or claimed as a result thereof. Accuritas makes no express or implied warranties, guarantees or affirmations that weather information will occur or has occurred as the reports, forecasts, graphics, data, briefings, products or services state, represent or depict. Forecasts and forecasting services are provided for informational purposes only. Weather-related decisions and the responsibility resulting from those decisions remain at all times with Client. Weather prediction is affected by many variables and is not an exact science. Accuritas employs modern forecast tools and highly qualified personnel, and will strive to produce the most accurate forecasts at all times. The transmission of forecasts, advisories, alerts or information of any kind, or the availability of information on Accuritas’ web sites, may be subject to delays and/or failures of transmission. Accuritas shall not be liable for any loss or damage caused by any errors or omissions in forecasts, advisories and alerts or for delays or failure of transmission beyond an amount equal to: A) one month’s service fee, or B) 1/12th annual service fee, whichever is less.
It is the client’s responsibility to notify Accuritas in writing in advance of a voyage in which a ship has: 1) weather or sea sensitive cargo, 2) unique constraints that would be considered untypical or unique in nature, or 3) any other non-standard characteristic based on Accuritas’ past experience with the company or vessel.
Wind and sea conditions may be locally higher in or near squalls or thunderstorms than may be indicated in our forecasts. Forecasts and route recommendations are prepared using the latest information at the time it was created. Forecast information is subject to change without notice.
Forecasts, reports, documents, etc. prepared by Accuritas are prepared exclusively for the intended Accuritas client and may not be reproduced, redistributed, transmitted in any way or by any means or shared with others without the written permission of Accuritas Global Solutions.
Ships are required to communicate and report to Accuritas on a regular and timely basis which is determined by: 1) the Accuritas service that Client subscribes to, 2) custom requests provided to Accuritas by Client, and 3) mutually agreed upon information to be collected by Accuritas on behalf of Client.
The responsibility of ensuring the proper transfer of information to Accuritas remains at all times with Client. Client guarantees that the information received by Accuritas from their ships is: 1) Complete (contains the mutually agreed on and proper information), 2) Properly Formatted (information is properly formatted for use by Accuritas and is noted in the proper units of measure and/or time), 3) Accurate (all efforts should be made to ensure accuracy and correctness of the information at the time it is transmitted to Accuritas), and 4) Timely (all efforts should be made to ensure information is transmitted to Accuritas in a timely manner and at the predetermined required times and intervals).
Upon commencement of service, Accuritas will provide Client a reasonable period of time to train and instruct their ships in the proper methods of reporting information to Accuritas. Accuritas will monitor and report to the Client any ships that are non-compliant or not reporting information properly, accurately or timely. It is Client’s sole responsibility to correct this situation in a timely manner and ensure compliance by their ships when reporting to Accuritas. In the unlikely event that Accuritas is forced to expend unanticipated time for ships either not reporting properly, accurately or at the proper times, Accuritas may, at its sole discretion, bill Client on a time and materials basis for the time necessary to communicate with the ships and to request and gather proper information on Client’s behalf.
Accuritas can assist with the integration and data exchange to and from Accuritas’ services and applications with 3rd party software vendors and software applications employed by the client as an optional service. Consulting services and fees for these services will be billed separately on a predetermined time and materials basis. Development, integration and project management services as well as on-going maintenance and transactional pricing are not included in quotes for traditional Accuritas services.
In the event that Accuritas is actively providing forecasting, routing or performance monitoring services for a vessel and a conflicting request to service the vessel is received from a 3rd party, Accuritas’ policy is to contact the party already subscribed to service and to notify them of the conflicting request. Additionally, Accuritas provides the following options to the subscribed party: 1) Deny service to the 3rd party requesting service, or 2) Provide service to the 3rd party stipulating that both will receive the same exact reports and that they are final and binding.
All Accuritas services based on an annual agreement with annual or monthly billing include an automatic 5% escalation on all service rates on a year-by-year renewal basis after the 1st year of service is completed.
At the time of your annual renewal, Accuritas may recommend a monthly consulting retainer to compensate for additional work requested above and beyond the scope of the initial services requested and provided to you by Accuritas. This consulting retainer will be reviewed on a periodic basis to compensate for additional work related to your account and additional analyst and reporting services requested for your service.
Accuritas’ Port Report monthly forecast subscription service provides a full month of forecast service for each forecast location. At the end of each month, Client may request location changes for the following month no later than 5 days prior to the end of the month. Location changes received at any other time will be subject to a location change fee billed for each late location change/request. The monthly forecast subscription charge will be charged at the beginning of the month for all forecast locations and includes a full month or portion of a month of service.
Service offerings and associated service prices from Accuritas are subject to change without notice. Accuritas, at its sole discretion, reserves the right to change, eliminate, add and/or modify service prices, offered services and service options without prior notice.
Accuritas’ reports are client confidential and created exclusively for use by the intended recipient, their direct affiliates and associated partners. Accuritas’ reports, templates and instruments may not be reproduced, stored in a retrieval system, or transmitted in any way or by any means, including photocopying or recording, without the written permission of Accuritas Ocean Services. All aspects of Accuritas’ reports including, but not limited to, report design, report format, graphics, charts, calculations, etc. are covered by international copyright laws. In no instance shall Accuritas’ reports in any form be transmitted to non-related parties or other service vendors except when being used as supporting document in a legal case, maritime claim, insurance claim or arbitration proceedings. Please submit any questions or requests to Accuritas’ legal department at: email@example.com.
When subscribing to partner services through Accuritas, you may be required to accept the terms and services from an Accuritas partner service prior to commencement of the service and/or execute a service agreement with the Accuritas partner. In these cases, both Accuritas’ terms and the partner’s terms may both apply to your service.
When terminating partner services with Accuritas, you may be responsible for termination or administrative fees from an Accuritas partner which you will be responsible to pay.
Once subscribed to services from Accuritas, you grant Accuritas permission and legal rights to monitor, collect and archive all necessary information on your nominated vessel. This includes, but is not limited to: vessel location, performance metrics, consumption metrics, maintenance details, operational details, voyage plan, etc.
Accuritas requires receipt of payment on all invoices for services rendered 30 days from the invoice date. Failure to remain current on invoices from Accuritas may result in suspension or termination of services as well as any and all collection methods that Accuritas deems necessary and reasonable. Any costs incurred by Accuritas in the collection of overdue and late payments will be the sole responsibility of the Client.
Please contact Accuritas or your sales representative for any questions about our Terms of Service.