Terms of Service
Effective Date: January 1, 2024
Last Updated: January 1, 2025
Welcome to Seachios® Marine Services. These Terms of Service ("Terms") constitute a binding legal agreement between you (“Client,” “you,” or “your”) and Seachios® Marine Services (“Seachios,” “we,” “us,” or “our”). By accessing or utilizing our maritime services, digital platforms, or related offerings (collectively, the "Services"), you acknowledge and agree to these Terms.
If you do not agree to these Terms, you must cease using our Services immediately.
1. Scope of Services
We provide specialized maritime services, including but not limited to:
Shipowner and Charterer Support Services: Operational assistance, consultancy, and vessel management solutions.
Cargo Hold Cleaning and Maintenance: Comprehensive cleaning and certification in compliance with international safety and environmental standards.
Inspection and Certification Services: Anchor and chain calibration, hull integrity inspections, and thickness measurements.
Fuel Management and Pollution Control: MARPOL-compliant waste management and low-sulfur fuel solutions.
All services are conducted in strict adherence to international maritime laws and regulations, ensuring operational integrity, safety, and compliance.
2. Eligibility to Use Services
Corporate Clients Only: Our Services are intended for professional use by shipowners, charterers, and maritime industry stakeholders. Individuals or entities using our Services must be legally authorized to enter into contracts under applicable laws.
Prohibited Users: Services are not available to individuals or entities under sanctions or embargoes issued by the United Nations, European Union, United States, or any relevant authority.
3. Client Responsibilities
By using our Services, you agree to:
Compliance: Adhere to all applicable maritime laws, safety protocols, and contractual agreements.
Accurate Information: Provide complete, accurate, and timely information to facilitate service execution.
Access and Cooperation: Grant necessary access to vessels, equipment, or facilities and cooperate with our personnel to ensure smooth operations.
Security Measures: Ensure the safety of our personnel and subcontractors while on board your vessel or facilities.
4. Industry Standards and Compliance
We are committed to operating in full compliance with international maritime standards, including but not limited to:
MARPOL (International Convention for the Prevention of Pollution from Ships): Environmental compliance for waste disposal and fuel usage.
SOLAS (Safety of Life at Sea): Ensuring safety protocols are followed during all service operations.
ISM Code (International Safety Management): Operational safety and risk management.
ISO 9001: Quality assurance for service delivery.
Our services are designed to support shipowners, charterers, and clients in meeting regulatory compliance and achieving operational excellence.
5. Intellectual Property Rights
All reports, certifications, methodologies, and tools provided as part of our Services are the intellectual property of Seachios® Marine Services or its licensors.
License to Use Reports: Clients are granted a limited, non-transferable license to use service deliverables for internal purposes or as required by regulatory bodies.
Restrictions: You may not copy, distribute, or use our materials outside the agreed scope without prior written consent.
6. Fees, Invoicing, and Payments
Service Fees: Fees for our Services will be outlined in individual agreements or invoices provided to the Client.
Payment Terms: Payment is due within 15 days of the invoice date unless otherwise specified in a service agreement.
Late Payments: Late payments may incur interest at the rate of 3.5% per month or the maximum permitted by law.
Taxes: Clients are responsible for all applicable taxes, duties, or levies associated with the Services.
7. Privacy and Data Protection
We value the trust of our clients and are committed to safeguarding personal and operational data. All information is processed in compliance with:
General Data Protection Regulation (GDPR): Ensuring data protection for European clients.
Lei Geral de Proteção de Dados (LGPD): Complying with Brazil’s data privacy requirements.
California Consumer Privacy Act (CCPA): Protecting data privacy for U.S.-based clients.
Our Privacy Policy provides detailed information about how we handle data.
8. Limitations of Liability
To the fullest extent permitted by law:
Exclusions: Seachios is not liable for indirect, incidental, or consequential damages, including lost profits or downtime, arising from the use of our Services.
Operational Risks: Clients acknowledge that maritime operations inherently carry risks and assume responsibility for ensuring appropriate insurance coverage for vessels and equipment.
Cap on Liability: Our liability for any claim related to the Services is limited to the amount paid by the Client for the specific service in question.
9. Force Majeure
We are not liable for delays or failures to perform caused by events beyond our reasonable control, including but not limited to:
Natural disasters (e.g., hurricanes, floods).
War, terrorism, or piracy.
Government actions, embargoes, or labor strikes.
Equipment failures or cyber-attacks.
10. Termination of Services
By Us: We may terminate or suspend Services immediately if the Client fails to comply with these Terms or applicable laws.
By Client: You may terminate Services with written notice, subject to any applicable cancellation fees outlined in your service agreement.
Upon termination, all outstanding payments and obligations remain enforceable.
11. Dispute Resolution
Governing Law: These Terms are governed by and construed in accordance with the laws of Brazil, including its maritime laws and the Brazilian Civil Code. In matters not explicitly covered by Brazilian law, relevant international maritime conventions and principles will apply as supplementary guidance.
Arbitration Clause: Any dispute, controversy, or claim arising out of or relating to these Terms, including their interpretation, performance, or termination, shall be resolved by binding arbitration. Arbitration shall be conducted under the rules of the International Chamber of Commerce (ICC), the UNCITRAL Arbitration Rules, or another mutually agreed arbitration body. The arbitration proceedings shall be held in Santos, Brazil, and conducted in Portuguese or English, as agreed by the parties.
Court Jurisdiction: If arbitration is unavailable, unenforceable, or mutually waived by the parties, disputes shall be submitted to the exclusive jurisdiction of the courts of Santos, Brazil. This jurisdiction is agreed to as the primary venue for resolving legal disputes related to these Terms.
Nothing in this clause prevents either party from seeking urgent injunctive relief or interim measures from a court of competent jurisdiction when necessary to protect rights or enforce obligations.
12. Safety and Environmental Commitment
As a trusted maritime service provider, we prioritize:
Safety: Strict adherence to safety protocols to protect our personnel, your crew, and the environment.
Environmental Stewardship: Compliance with all international and local environmental regulations, including waste management and pollution control.
Clients are responsible for ensuring vessels meet minimum safety and environmental standards to facilitate service delivery.
13. Entire Agreement
These Terms, along with any service agreements or written contracts, constitute the entire agreement between you and Seachios® Marine Services and supersede all prior agreements or representations.
14. Contact Information
For questions, concerns, or requests related to these Terms, please contact us:
Email: [email protected]
Phone: +55 11 3042-0019
Mailing Address: Seachios® Marine Services, Rua Visconde do Rio Branco, 67 Santos, Brazil
