Last updated: December 2024
These Terms of Service ("Terms") constitute a legally binding agreement between you and Tolchyonaya-Manka Pty Ltd (ABN 12 345 678 901) ("Tolchyonaya-Manka", "we", "us", or "our"). By accessing our website or using our services, you agree to be bound by these Terms.
Tolchyonaya-Manka provides professional marine services including:
You must be at least 18 years old and have the legal capacity to enter into contracts to use our services.
You are responsible for providing accurate and complete information when requesting our services or subscribing to our communications.
Specific services are governed by separate service agreements that detail scope, deliverables, timelines, and fees. These Terms supplement but do not replace specific service agreements.
All services are performed in accordance with applicable Australian and international maritime standards, including but not limited to:
Fees for services are as quoted in writing and agreed upon prior to commencement of work. All fees are in Australian Dollars unless otherwise specified.
Payment terms are typically 30 days from invoice date unless otherwise agreed. Late payment may result in interest charges at the rate of 1.5% per month.
Reasonable expenses incurred in providing services (travel, accommodation, vessel access fees) may be charged separately as agreed.
All content on our website, including text, graphics, logos, and software, is owned by Tolchyonaya-Manka and protected by intellectual property laws.
Reports and certificates issued by Tolchyonaya-Manka remain our intellectual property but you receive a license to use them for their intended purposes.
Our services are performed with professional skill and care in accordance with industry standards. However, we do not guarantee specific outcomes or that vessels will pass regulatory inspections.
To the maximum extent permitted by law, our total liability for any claim is limited to the fees paid for the specific service giving rise to the claim.
We exclude liability for indirect, consequential, or special damages including loss of profits, business interruption, or loss of opportunity.
Tolchyonaya-Manka maintains professional indemnity insurance appropriate to the nature and scale of our services.
Clients are responsible for ensuring vessel safety during inspections and providing safe access to all areas requiring assessment.
We maintain strict confidentiality regarding all client information and vessel details, except where disclosure is required by law or regulatory authorities.
Neither party is liable for delays or inability to perform due to circumstances beyond reasonable control, including natural disasters, government actions, or maritime accidents.
Either party may terminate ongoing services with reasonable notice. Completed work will be charged pro-rata.
We reserve the right to terminate or suspend website access for violations of these Terms.
These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.
Parties agree to attempt resolution of disputes through good faith negotiations before pursuing formal legal action.
If direct negotiation fails, disputes may be referred to mediation through a mutually agreed mediator.
You may use our website for lawful purposes related to our business services. Prohibited uses include:
Our collection and use of personal information is governed by our Privacy Policy, which forms part of these Terms.
We may modify these Terms from time to time. Continued use of our services after modifications constitutes acceptance of the updated Terms.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
These Terms, together with specific service agreements and our Privacy Policy, constitute the entire agreement between the parties.
For questions regarding these Terms of Service, please contact us:
Tolchyonaya-Manka Pty Ltd Level 15, 580 George Street Sydney NSW 2000 Australia
Email: [email protected] Phone: +61 2 9247 3800
Tolchyonaya-Manka operates in accordance with: