These general conditions apply to all assignments to BandieraOK powered by DECISO.IT .
These general conditions can also be irrevocably invoked by the members, appointees and employees of BandieraOK powered by DECISO.IT
These general conditions are applicable unless otherwise agreed in writing.
The applicability of the general terms and conditions of the customer is expressly rejected.
BandieraOK powered by DECISO.IT carries out its activities exclusively for the customer; third parties cannot derive any rights from them.
BandieraOK powered by DECISO.IT may appoint third-party collaborators to execute the contract.
The customer indemnifies BandieraOK powered by DECISO.IT for damages of third parties in relation to the services rendered for the customer, including the costs of defense against such claims.
On behalf of the customer, BandieraOK powered by DECISO.IT provides services, including legal consultancy activities through its lawyer and operational, for the registration of ships in various countries of the world, at the discretion of the customer and in compliance with the rules of the chosen country of registration . These services also include setting up one or more legal entities/single-member companies etc. if this is necessary for the registration of a vessel in a particular country. Furthermore, BandieraOK powered by DECISO.IT provides services for obtaining nautical radio licenses if and to the extent that the legal regulations of the country of registration allow it.
If in the country for the registration of a vessel and/or for the issuance of a radio license in question, BandieraOK powered by DECISO.IT has an office address and if this is for the registration of a vessel or for the supply of a radio license required, the customer has the right to use this address of the BandieraOK office powered by DECISO.IT , but only as a position and postal address for the ship or its owner. The customer is not allowed to use the BandieraOK office address powered by DECISO.IT for other purposes. BandieraOK powered by DECISO.IT performs, exclusively on behalf of the customer, the activities necessary for the registration and maintenance of the registration of the customer's vessel and/or to provide and continue to provide a radio license in the country chosen by the customer and /or for the purpose of establishing one or more legal entities in the chosen country of registration and maintenance of these legal entities.
The activities in question are part of a complete package of services that BandieraOK powered by DECISO.IT has developed for the country in question.
Accounting and/or tax duties concerning the ship or the legal entities established for the registration of the ship in the respective country will not expressly be part of the BandieraOK powered by DECISO.IT services. unless otherwise and specifically agreed extra.
If the Customer, once logged in to his private area, places an order and selects to receive an insurance quote (RC and/or body policy) he authorizes BandieraOK powered by DECISO.IT to forward the documents to the partner Insurance Agencies/Brokers relating to the boat and the owner/s to allow the latter to be able to formulate a personalized quote.
The customer's assignment always includes the entire service package compiled by BandieraOK powered by DECISO.IT for the country of registration and/or the provision of a radio license chosen by the customer. The customer buys this total service "package".
The customer is responsible for the timely and correct delivery of the documents necessary to allow BandieraOK powered by DECISO.IT to fulfill its obligations deriving from the contract in a correct and timely manner. We are not liable if it causes invalidity or inadequacy etc. of the submitted documents the requested result cannot be obtained. BandieraOK powered by DECISO.IT is not responsible for the consequences deriving from any false or tampered documents presented by the Customer in the preparation phase of the file.
The customer is required to pay in due time all BandieraOK powered by DECISO.IT invoices relating to the assignments issued by transferring the sums due to the BandieraOK powered by DECISO.IT bank account.
Claims in relation to BandieraOK invoices powered by DECISO.IT must be made within fourteen days of the invoice date, under penalty of forfeiture.
The customer does not have the right to suspend the payment of BandieraOK powered by DECISO.IT invoices or to pay by way of compensation.
When the invoices are due, BandieraOK powered by DECISO.IT charges legal interest and extrajudicial or collection costs and may, without prejudice to the rights of BandieraOK powered by DECISO.IT , request legal costs.
All prices used by BandieraOK powered by DECISO.IT as listed on the BandieraOK website powered by DECISO.IT or otherwise communicated to the customer are always subject to variations also in relation to the complexity of the assignment or specific problems that the file covers. BandieraOK powered by DECISO.IT in the event of increases in foreign services and/or taxation has the right to adjust its prices in the meantime and to transfer them to the customer upon notice.
Limitation of Liability
BandieraOK powered by DECISO.IT will not be responsible for any consequences deriving from the untimeliness, not fully or improperly of the documents provided and the data necessary for the establishment and/or continuation of the services requested from BandieraOK powered by DECISO.IT .
If, after the customer has fully or partially fulfilled the contract amount owed to BandieraOK powered by DECISO.IT , it becomes apparent that the customer cannot provide certain requested documents and data, the result of which cannot be completed the assignment conferred to BandieraOK powered by DECISO.IT , BandieraOK powered by DECISO.IT has the right to deduct any expenses already incurred from the amount that may be reimbursable to the customer.
BandieraOK powered by DECISO.IT is also not responsible for the consequences of failure or non-punctual payment of BandieraOK invoices powered by DECISO.IT following which the fulfillment of the assignment is suspended or terminated by BandieraOK powered by DECISO.IT . Any additional costs for the resumption of activities by BandieraOK powered by DECISO.IT are charged to the customer.
In particular, BandieraOK powered by DECISO.IT will not be responsible, without prejudice to the provisions of this article, for the consequences of failure or non-timely compliance by customers with the sums periodically due to the competent authorities in relation to maintaining a registration of a vessel established in the relevant jurisdiction, such as (state) taxes and commercial expenses register.
BandieraOK powered by DECISO.IT will not be liable for any fines, other costs and/or damages deriving from the customer's failure to fulfill such costs or the timely fulfillment of such costs and which have been imposed by the competent authorities. FlagOK powered by DECISO.IT is not responsible for the consequences of any legislative or regulatory changes in the country of registration of a ship or country that issued a radio license, as a result of which changes the registration of a ship is no longer valid or if the radio license is revoked or if an existing registration or license is not renewed.
BandieraOK powered by DECISO.IT is not liable to the customer for any deficiencies in the fulfillment of its obligations deriving from the agreement/s with the customer, unless within 7 days. and in writing the customer has highlighted a deficiency and BandieraOK powered by DECISO.IT has not recovered the deficiency within a reasonable time.
Notwithstanding the provisions of the previous paragraphs, the liability of BandieraOK powered by DECISO.IT is always limited to direct damages. For any indirect or consequential damages, including but not limited to loss of profits or losses, BandieraOK powered by DECISO.IT will never be liable.
Without prejudice to the provisions of the previous paragraphs of this article, any liability of BandieraOK powered by DECISO.IT will be limited to the maximum amount that BandieraOK powered by DECISO.IT invoiced to the customer for the execution of the relative contract
The right to compensation will lapse 6 months after the customer has become aware or could have become aware with ordinary diligence of the damages and liability of BandieraOK powered by DECISO.IT .