Subject to these Terms of Service (this "Agreement"), AWP Marine Consultancy LTD ("AWP Marine", "we", "us" and/or "our") provides marine and ship inspection consulting services, including access to our platform for managing and accessing inspection records (collectively, the "Services"). By using or accessing the Services, you acknowledge that you have read, understand, and agree to be bound by this Agreement.
If you are entering into this Agreement on behalf of a company, business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Services.
Description of Service
AWP Marine provides marine and ship inspection consulting services. To support the delivery of these services, we provide access to a dashboard and web application that enables:
- Coordination and communication with assigned inspectors
- Access to inspection records and reports
- Document storage and retrieval
- Project tracking and status updates
The platform is accessible at awpmarine.com and other domains and subdomains controlled by us. We may update or modify the platform from time to time to improve service delivery.
Account Access and Responsibilities
To access the platform and your inspection records, you must create an account ("Account"). You are responsible for:
- Providing accurate and complete registration information
- Maintaining the security and confidentiality of your account credentials
- All activities that occur under your Account, whether authorized or not
- Ensuring that authorized users within your organization comply with this Agreement
- Notifying us immediately of any unauthorized use or security breach
You may not share your Account credentials with any other person outside your organization. We reserve the right to suspend or terminate your Account if we determine it has been used for an unauthorized purpose.
Acceptable Use
You are responsible for your use of the Services. You may not use the Services for any purpose that is illegal or infringes upon the rights of others, including but not limited to:
- Phishing, scam, fraud, or deceptive activities
- Copyright or intellectual property infringement
- Uploading malicious code, viruses, or harmful software
- Attempting to gain unauthorized access to the Services or other users' data
- Reverse engineering, scraping, or attempting to extract underlying code or data
- Circumventing security, authentication, or billing mechanisms
- Using the Services to build or evaluate a competing product
- Excessive use that degrades service performance for other users
We reserve the right to suspend or terminate your access if we determine, in our sole discretion, that you have violated these terms.
Payment Terms
Consulting Fees: Fees for our marine inspection services are based on the specific services provided and will be set forth in individual service agreements, proposals, or invoices.
Invoicing: We will invoice you for services rendered according to the terms specified in your service agreement. Payment is due within the timeframe specified on the invoice.
Currency: All fees are stated and payable in any of the supported currencies as specified in your invoice.
Non-Payment: Failure to pay fees when due may result in suspension of services and access to the platform until payment is received.
Late Payment: Late payments may incur interest charges and additional collection costs as permitted by law.
Intellectual Property
Our IP: The Services and their entire contents, features, and functionality, including all software, code, text, displays, graphics, design, and arrangement, are owned by us, our licensors, or other providers and are protected by United Kingdom and international intellectual property laws.
Your Data: You retain all ownership and intellectual property rights to data you provide through the Services ("Your Data"). By using the Services, you grant us the right to access, store, process, and transmit Your Data solely for the purposes of operating and improving the Services.
Usage Data: We may compile and derive aggregated, anonymized usage data from the Services. Such aggregated data that cannot identify you or your customers is deemed our property.
Marketing: By using the Services, you agree that we may use your company name and logo in our marketing materials and customer lists.
Data Retention and Termination
Termination by You: You may terminate this Agreement at any time by providing written notice to us. Termination does not relieve you of payment obligations for services already rendered.
Termination by Us: We may terminate this Agreement if you materially breach these terms and fail to remedy such breach within 30 days of written notice.
Data Retention: As a consulting business, we retain inspection records, reports, and related documents in accordance with:
- Our professional obligations and industry standards
- Legal and regulatory requirements
- Business record retention policies (typically 7 years or as required by law)
Effect of Termination: Upon termination:
- Your access to the platform will be suspended
- We will retain inspection records and documentation as required by our professional obligations and applicable law
- You may request copies of your inspection reports and data subject to applicable fees
- You remain responsible for any outstanding fees
Sections that by their nature should survive termination will continue in effect, including intellectual property, confidentiality, limitation of liability, and governing law provisions.
Warranties
By Both Parties: Each party represents and warrants that:
- It has the right to enter into this Agreement
- Doing so will not violate any existing obligations to third parties
- It will comply with applicable laws
By You: You warrant that:
- You have all necessary rights and authorizations to provide us with Your Data
- Your use of the Services and Your Data does not infringe any third party's intellectual property or other rights
- All content and information you provide is accurate and lawful
By Us: We warrant that we will:
- Use commercially reasonable efforts to maintain the Services
- Implement reasonable security measures to protect Your Data
- Comply with our Privacy Policy
Disclaimer
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, WE MAKE NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA OR REPORTS WILL BE ACCURATE OR RELIABLE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO US IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
THIS LIMITATION WILL NOT APPLY TO: (i) YOUR FAILURE TO PAY FEES; (ii) YOUR BREACH OF ACCEPTABLE USE TERMS; OR (iii) YOUR BREACH OF CONFIDENTIALITY OBLIGATIONS.
Confidentiality
"Confidential Information" means any information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential given its nature.
Each party agrees to:
- Use the other party's Confidential Information solely for performing its obligations under this Agreement
- Protect Confidential Information with at least the same degree of care used to protect its own confidential information
- Not disclose Confidential Information to third parties except to employees, contractors, or advisors who need to know and are bound by confidentiality obligations
These obligations do not apply to information that: (i) is or becomes publicly available through no breach by the receiving party; (ii) is rightfully received from a third party without restriction; (iii) is independently developed without use of the Confidential Information; or (iv) must be disclosed by law.
Privacy
Your use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by reference. Please review our Privacy Policy to understand our data practices.
Changes to These Terms
We may revise these Terms of Service from time to time. We will notify you of material changes via email or prominent notice in the Services. Your continued use of the Services after such changes indicates acceptance of the revised terms.
General
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.
Jurisdiction: Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Notices: All notices under this Agreement shall be in writing and sent to the email address associated with your Account or to support@awpmarine.com for notices to us.
Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full effect and the invalid provision will be modified to be valid to the extent possible while reflecting the parties' intent.
Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the Services and supersedes all prior agreements and understandings.
Waiver: No waiver of any provision of this Agreement shall be deemed a further or continuing waiver of such provision or any other provision.
Force Majeure: Neither party will be liable for failure to perform its obligations (except payment obligations) due to causes beyond its reasonable control, including natural disasters, acts of government, power failures, or network failures.