Terms and Conditions for the Use of the IMSKIPPER Service

Edition dated February 28, 2025.

This Agreement sets forth the terms and conditions for using the Service.

Before using the Service, please read this document carefully.

Table of Contents

1. TERMS AND DEFINITIONS

2. PROCEDURE FOR CONCLUSION

3. SUBJECT OF THE AGREEMENT

4. REGISTRATION AND PERSONAL ACCOUNT

5. SERVICE POLICY

6. FEES AND PAYMENTS

7. TAX OBLIGATIONS

8. PROCEDURE FOR ORDERING AND CANCELLING SERVICES BY THE USER. USER CONDUCT RULES

9. PARTNER CONDUCT RULES

10. SERVICE UPDATES

11. CORRESPONDENCE BETWEEN THE PARTIES

12. INTELLECTUAL PROPERTY

13. SERVICE UPDATES

14. CORRESPONDENCE BETWEEN THE PARTIES

15. AMENDMENT OF THE AGREEMENT

16. GOVERNING LAW AND DISPUTE RESOLUTION

17. TERM OF THE AGREEMENT

18. IMSKIPPER DETAILS

Appendix to the IMSKIPPER Service Agreement “TARIFFS”

IMSKIPPER Commission Rates, Paid by Users

IMSKIPPER Commission Rates, Paid by Partners

Appendix to the IMSKIPPER Service Agreement “FEATURES OF EXECUTION OF THE USER’S AGENT INSTRUCTIONS”

1. TERMS AND DEFINITIONS

All terms used in the Agreement with an initial capital letter are defined in this section. Singular or plural forms are used as appropriate to the context.

All other terms are used in their common meaning in accordance with the purpose of this document and the subject matter.

1.1. IMSKIPPER – the company D.O.O. IMORE, Montenegro, Tax ID 03400921, which is the developer and exclusive owner of the Service.

1.2. Account – an account in the Service, access to which is obtained using a username (login) and a password.

1.3. Content – information, images, videos, and audio files that are posted (or are to be posted) on the Service.

1.4. Advertisement – information created and maintained by a Partner regarding the booking of a yacht spot, participation in an event, etc., including details about its cost, cancellation procedures and conditions, as well as other essential terms.

1.5. Partner – an individual or legal entity that uses the Service to sell its Services.

1.6. User – an individual or legal entity that uses the Service to search for and order Services.

1.7. Partner Rating – the average rating of a Partner, calculated according to an internal IMSKIPPER algorithm that takes into account the ratings given by Users who have used the Partner’s Services, the Partner’s experience, the number of Services provided, the existence of complaints, and other parameters determined solely by IMSKIPPER.

1.8. IMSKIPPER Website – the website on the Internet comprising the domain imskipper.net and its subdomains.

1.9. Service – the software product hosted on IMSKIPPER servers, the functional part of which is accessed by a User or Partner via the IMSKIPPER Website or the “IMSKIPPER” mobile application.

1.10. Agreement – the text of this Agreement along with all appendices and other documents referenced herein.

1.11. Service – a service as specified in an Advertisement, available for sale and order through the Service, as well as a service (only when used in Combination Options within the Service) that is not published by the Partner but is available for purchase upon separate request.

1.12. Combination Options – examples of combining various Services together.

2. PROCEDURE FOR CONCLUSION

2.1. You accept this Agreement without any additional terms or conditions at the moment (whichever occurs first):

2.1.1. the commencement of the use of the Service or any part thereof;

2.1.2. the submission of an application for registration as a User or Partner through any communication channel;

2.1.3. the submission of an application for the provision of Services using the Service through other channels (e.g., API or email).

2.2. By accepting the Agreement, you confirm that:

2.2.1. you have previously read the IMSKIPPER Privacy Policy (hereinafter – the Privacy Policy) and accept its terms;

2.2.2. you are at least 18 years old;

2.2.3. if you are acting on behalf of another person (for example, by virtue of official authority from a legal entity), all your powers are duly authorized and you can immediately confirm them upon first request.

2.3. In the event that a separate written agreement has been concluded between you and IMSKIPPER, the terms of this Agreement shall apply to the extent that they do not conflict with such separate agreement.

2.4. The text of the Agreement and the Privacy Policy are published on the IMSKIPPER Website at https://imskipper.net

3. SUBJECT OF THE AGREEMENT

3.1. IMSKIPPER grants Users and Partners the right to use the Service, on which Partners may promote and sell their Services, and Users may purchase them.

3.2. When you purchase a Service, you are purchasing it directly from the Partner.

3.3. When you sell a Service, you are selling it directly to the User.

3.4. IMSKIPPER is not a party to the contract between the User and/or the Partner.

3.5. All conditions regarding the Service are specified directly by the Partner and set forth in the Advertisement. IMSKIPPER assumes no obligations and does not guarantee the timeliness, quality, or conformity of the Services to the User’s expectations.

3.6. In some cases, when purchasing Services through the Service, IMSKIPPER may act as an Agent, acting on behalf of and at the expense of the User or multiple Users (in the case of a joint order), for example, when the Service is not published by the Partner but is available for purchase upon separate request. This means that the User authorizes IMSKIPPER to purchase the Service from the Partner. In such a contract, the parties will be the User (or Users, in the case of a joint order) and the Partner. The specifics of purchasing such a Service are set forth in the Appendix “FEATURES OF EXECUTION OF THE USER’S AGENT INSTRUCTIONS.”

3.7. Under no circumstances shall the actions of IMSKIPPER be construed as mediation, recommendation, or participation in the contract, for example, such as:

3.7.1. searching for and providing specific options (e.g., team search) at the User’s request. IMSKIPPER’s actions are limited solely to providing information about the search results;

3.7.2. facilitating the receipt of payment from the User for the Partner’s Services using the Service. IMSKIPPER’s actions are limited solely to organizing the payment.

4. REGISTRATION AND PERSONAL ACCOUNT

4.1. In order to use the Service, the User and the Partner must create an Account.

4.2. All actions performed using the Account are deemed to be the direct actions of the User or the Partner.

4.3. You agree to:

4.3.1. use strong, tamper-resistant passwords that include combinations of numbers, letters, and special characters, and change your password periodically;

4.3.2. keep up-to-date and accurate information in your Account regarding contact details, banking information, license details, and any other information provided by the Service;

4.3.3. not impersonate another person, not register multiple Accounts, and not use the Account in any manner that may be deemed as dishonest behavior in violation of the Service Policy specified in the Agreement;

4.3.4. in the event of losing authority when acting on behalf of a third party, transfer the Account directly to that third party.

4.4. In the event that a Partner registers an Account, IMSKIPPER may conduct preliminary moderation, which may include (but is not limited to) requiring the submission of licenses, identity verification, confirmation of ownership (or lease, etc.) of vessels, trademarks, and other means of identification, as well as banking details. Registration of a Partner’s Account may be refused if the provided data is unconfirmed or inaccurate.

5. SERVICE POLICY

5.1. No one shall use the Service for any purposes that directly or indirectly violate applicable law, generally accepted standards of morality and behavior, or this Agreement, or that facilitate such violations.

5.2. The Service may not be used in ways or for purposes that:

5.2.1. infringe the intellectual property rights of others;

5.2.2. are of a pornographic nature;

5.2.3. are aimed at inciting racial, religious, or other hatred, hostility, or the exploitation of children;

5.2.4. defame the honor, dignity, or business reputation of an individual or legal entity, or are insulting, obscene, false, or otherwise violate public morals;

5.2.5. are aimed at engaging in illegal activities, fraud, or unjustified profit extraction;

5.2.6. disseminate personal data or confidential information;

5.2.7. exhibit signs of dishonesty or abuse of rights.

5.3. IMSKIPPER, at its sole discretion, may classify the actions of Users or Partners as violations of the Service Policy and is entitled to apply the measures provided for breaches of the Agreement.

6. FEES AND PAYMENTS

6.1. The use of the Service for browsing and searching Advertisements is free of charge.

6.2. User Payments

6.2.1. Certain types of searches (e.g., team search) or specific parts or functionalities of the Service are provided for a fee, which shall be paid by the User at the time of order at the price indicated in the “Tariffs” appendix.

6.2.2. The cost of the Services is specified in the relevant Partner Advertisement. By purchasing a Service, the User agrees to pay for it under the stated conditions, including the payment of applicable taxes, fees, and commissions.

6.2.3. In cases where the Service description indicates the necessity of a prepayment by the User, such prepayment must be made exclusively through the Service and no later than 24 hours from the sending of the booking confirmation. For payment purposes, the Service is reserved for 24 hours, and if payment is not received within the specified period, the booking is automatically cancelled. Timely full prepayment is a condition for purchasing the Service. The final settlement is carried out in the form and manner specified by the Partner, usually without the involvement of the Service. If the booking confirmation specifies a different payment period (shorter or longer), the period specified in the confirmation shall apply.

6.2.4. Unless otherwise stated in the Advertisement, all bank fees for the User are borne by the User, and bank fees for the Partner are borne by the Partner.

6.3. Partner Payments:

6.3.1. Partners pay IMSKIPPER a commission on each sale of Services made through the Service. The commission rate is specified in the “Tariffs” appendix.

6.3.2. IMSKIPPER deducts the commission from the User's prepayment amount.

6.3.3. In the absence of a prepayment, the Partner agrees to pay the IMSKIPPER commission within three days from the time the User orders the Service via the Service.

6.3.4. IMSKIPPER may require Partners to provide a deposit to secure the payment of commissions.

6.3.5. All bank fees for the Partner are borne by the Partner, and IMSKIPPER bears its own bank fees.

6.4. General Payment Provisions

6.4.1. All prices are quoted exclusive of VAT, which will be added additionally.

6.4.2. Obvious pricing errors (i.e., when the price of the Service clearly and evidently does not correspond to its content) are not binding. The booking of such a Service may be cancelled unilaterally.

6.4.3. The payment currency in the Service is the Euro.

6.4.4. Payment is made using the payment methods specified by IMSKIPPER.

7. TAX OBLIGATIONS

7.1. Each Partner is solely responsible for the tax obligations arising from the provision of Services. The Partner agrees to seek advice regarding the necessity of obtaining a special status (for example, the status of an entrepreneur) and on the procedure for fulfilling the tax obligations arising from the provision of Services.

7.2. Before posting each Advertisement, the Partner agrees to notify IMSKIPPER in the event that IMSKIPPER incurs any tax agent obligations under the laws of the Partner's country of registration.

7.3. IMSKIPPER reserves the right to refuse to provide the Service in the event that tax agent obligations or other additional tax obligations arise, or (at its discretion) to establish individual rates for such cases that compensate for the additional administrative costs incurred by IMSKIPPER.

8. PROCEDURE FOR ORDERING AND CANCELLING SERVICES BY THE USER. USER CONDUCT RULES.

8.1. The User undertakes to independently assess the suitability of the Services for their needs, health condition, and other criteria of significant importance.

8.2. By purchasing a Service, the User confirms that they have duly familiarized themselves with the rules for the provision of Services by the Partner or IMSKIPPER, the rules for cancellation and refund, applicable tariffs, commissions, and taxes, as well as any deposit, insurance, etc. requirements.

8.3. In case of any doubts or ambiguities regarding specific terms of a Service, the User agrees to send a request to IMSKIPPER for clarification.

8.4. The User is hereby informed that the Partner Rating is generated automatically and cannot be construed as a recommendation or guarantee by IMSKIPPER, nor does it imply any obligation on the part of IMSKIPPER regarding any Partner or their Services. The Partner Rating is not completely immune to manipulation or reflective of all or specific criteria that may be of importance to the User. The choice of a Partner or Service is solely at the User's discretion.

8.5. The purchase of Services is made after authorization in the Service, whereby the User submits an application by filling out the interactive forms of the Service. During the application process, it may be necessary to provide additional information about the User to the extent required for the provision of the Service by the Partner.

8.6. In the event that the User purchases Services on behalf of a third party, they shall provide the Partner and IMSKIPPER with an assurance that such third party has explicitly consented to the disclosure of their personal data, has read and agreed to the terms of the Service and the respective Service, and that the person meets the requirements set by the Partner regarding the Service (e.g., age, physical condition, etc.). In cases where such a third party is a minor, the User guarantees that they are the legal representative of that minor, provides consent for the provision of Services to them, and assumes responsibility for such minor.

8.7. The Service facilitates the transmission of the application to the Partner and the receipt of confirmation of the sale of the Service by the Partner to the User in the volume specified in the User's application. In the event of confirmation by the Partner, the Service sends a booking confirmation to the User's email address. In some cases, confirmation may take up to 24 hours.

8.8. In cases where the terms for the provision of a Service require full or partial prepayment, the application is considered final only if the User pays the full prepayment amount within the specified period.

8.9. If the User finds a comparable offer for the sale of a Service by the Partner through other sources at a price lower than that indicated by the Partner in the Service, the User has the right to send the relevant information to IMSKIPPER and purchase the Service at the minimum price found.

8.10. Liability in the Event of Service Cancellation:

8.10.1. The User has the right to cancel the Services that have been ordered and confirmed. The cancellation terms are specified in the Advertisement. Unless otherwise stated in the Advertisement:

8.10.1.1. If cancellation of confirmed Services occurs more than 90 days prior to the Service date, the User is entitled to a refund of 80% of the prepayment amount. 20% constitutes a penalty and is non-refundable.

8.10.1.2. If cancellation of confirmed Services occurs between 90 and 45 days prior to the Service date, the User is entitled to a refund of 50% of the prepayment amount. 50% constitutes a penalty and is non-refundable.

8.10.1.3. If cancellation of confirmed Services occurs less than 45 days before the Service date, the User is not entitled to any refund of the prepayment. 100% of the prepayment is considered a penalty and is non-refundable.

8.10.2. In individual cases, such as the death of close relatives or illness confirmed by a doctor’s certificate, the User may, at the discretion of IMSKIPPER, receive a full refund of the prepayment for the Services or a refund with a lesser penalty than provided in this section. Each such case is considered individually by IMSKIPPER.

8.11. Making changes to confirmed Services, unless otherwise specified in the Advertisement, is considered consecutively as cancellation of the confirmed Services and the purchase of a new Service.

8.12. The cost of the Service commissions and the cost of using certain paid parts or functionalities of the Service are non-refundable regardless of the timing or reasons for cancellation.

8.13. As a general rule, a Partner is not entitled to cancel confirmed Services; however, if such a cancellation occurs, the User is entitled to a refund of 100% of the prepayment made. In the event that a similar Service is available and can be provided by another Partner, the Partner who cancelled the Service, with the support of IMSKIPPER, shall ensure the provision of such a new Service. If the similar Service is more expensive, the Partner who cancelled the Service is obliged to compensate the price difference.

9. PARTNER CONDUCT RULES

9.1. Requirements for Partner Information:

9.1.1. The Partner undertakes to maintain up-to-date, accurate, and reliable information about themselves and their banking details in the Service.

9.1.2. IMSKIPPER may, at its sole discretion, verify the provided information.

9.1.3. Neither IMSKIPPER nor the User shall be held responsible for any delays in fulfilling obligations caused by outdated Partner information.

9.2. Requirements for Partner Advertisements:

9.2.1. Each Partner Advertisement must include a complete description of the Service that allows the User, even without specialized knowledge, to assess the Service for its suitability to the User’s interests, any limitations regarding potential buyers, and any medical contraindications.

9.2.2. The Advertisement must be accurate, reliable, and up-to-date.

9.2.3. The Partner is obligated to ensure the accuracy of the number of available Services and their individual parameters and components (e.g., available spots) and to promptly update any changes (for example, removing spots that have been sold through other means).

9.2.4. The Advertisement must not infringe upon the rights and legitimate interests of others.

9.2.5. IMSKIPPER may (but is not obliged to) moderate Advertisements, correct errors, typos, and obvious inaccuracies. However, in the presence of more significant errors, IMSKIPPER reserves the right to remove the Advertisement from publication.

9.3. Partner Conduct Ethics

9.3.1. The Partner undertakes to maintain the high reputation of the Service and IMSKIPPER, and in particular, to refrain from any statements or publications that, directly or indirectly, could harm their business reputation or lead to negative perceptions.

9.3.2. The Partner agrees to refrain from any actions that may be deemed dishonest or abusive.

9.3.3. The Partner undertakes to provide the Services at a volume not less than that specified in the Advertisements, with high quality and professionalism.

9.3.4. The Partner is not entitled to cancel confirmed applications; however, if such cancellation occurs, the Partner undertakes to provide the User and IMSKIPPER with full assistance in replacing the Services with similar ones, as well as to compensate for any resulting costs under the conditions specified in the Agreement.

9.4. Requests, Application Confirmations

9.4.1. The Partner undertakes to approve applications submitted via the Service within no later than 18 hours from the time of submission. The Partner is not entitled to refuse approval if the application fully meets the requirements for the User as specified in the Advertisement.

9.4.2. The Partner undertakes to provide explanations (including any necessary documents) regarding the Services and information about the Partner within no later than 18 hours from the time the request is made.

9.5. Price Parity

9.5.1. A condition for being granted Partner status is ensuring price parity. This means that the prices specified by the Partner in Advertisements must be equal to or lower than any prices that the Partner indicates in other offers for the sale of their Services.

9.5.2. In the event of a breach of the price parity condition, upon IMSKIPPER’s request, the Partner agrees to provide the Service to the User at the IMSKIPPER-determined minimum price. IMSKIPPER may, at its discretion (including in the event of refusal to provide the Service at the minimum price), compensate the User for the price difference at the Partner’s expense. In doing so, IMSKIPPER may deduct the corresponding compensation amount from any upcoming payments to the Partner.

9.6. Prohibition on Manipulating the Listing

9.6.1. The Partner is prohibited from taking actions aimed at manipulating the Partner Rating. In particular, but not limited to, it is forbidden to offer discounts to Users (or other benefits) in exchange for reviews.

9.7. Personal Data

9.7.1. The Partner acknowledges that by creating an Advertisement, they authorize IMSKIPPER to collect and transfer the personal data of Users for the purpose of providing Services, and that the Partner is the controller of such data while IMSKIPPER acts as the processor.

9.7.2. The Partner undertakes to take adequate measures to protect the personal data of Users at least to the extent provided for by the Privacy Policy, and to comply with applicable laws.

9.7.3. When creating an Advertisement, the Partner is not entitled to collect and process personal data to an extent greater than that required for the provision of Services.

9.7.4. If there are special conditions regarding the processing of personal data, the Partner agrees to provide the User with that information either in the Advertisement, in the Partner’s description on the Service, or by any other available means.

9.8. Procedure for Applying Tariffs and Payment

9.8.1. The Partner pays IMSKIPPER a commission on each sale of a Service in accordance with the “Tariffs” appendix.

9.8.2. The Partner independently selects the commission rate from among the options provided by IMSKIPPER. Depending on the chosen commission rate, additional promotional tools for the Partner’s Advertisements in the Service may be provided. A description of such additional tools, along with any additional conditions for their use, is specified in the “Tariffs” appendix.

9.8.3. Payment of the Service commissions is made in the following order:

9.8.3.1. In the case of partial or full prepayment by the User for the Partner’s Services, IMSKIPPER deducts the commission from the prepayment made by the User at the time of booking confirmation. The remaining amount is transferred to the Partner’s account: if the Partner’s rating is 4 or above – no later than three days from the moment IMSKIPPER receives the User’s prepayment; if the Partner’s rating is below 4 – no later than three days from the completion of the Service for the User. In the latter case, if a claim is made by the User, IMSKIPPER may delay payment, without incurring any liability, until the dispute is resolved.

9.8.3.2. In the event that a prepayment for the Partner’s Services is not collected from the User, the Partner agrees to pay the Service commission no later than three days from the date the Partner confirms the User’s application.

9.8.4. IMSKIPPER may, at its discretion, establish a condition for a deposit – a monetary amount paid by the Partner to IMSKIPPER for the payment of Service commissions. In this case, IMSKIPPER deducts the commission amount from the deposit. Unless otherwise specified, the deposit cannot be less than the amount established by IMSKIPPER, and if it is reduced, the Partner must replenish it.

9.8.5. In the event of cancellation of ordered Services by the User, the Partner shall refund the User the amount of the prepayment in accordance with the refund terms within no later than 5 days, including the commission withheld (or paid) by IMSKIPPER. Such refund is processed via the Service. The Service commission is non-refundable to the Partner.

9.9. Liability for Violations

9.9.1. General Provisions on Liability:

9.9.1.1. In the event of a breach of the Agreement by the Partner, IMSKIPPER may, at its discretion, apply any of the following sanctions or any combination thereof:

9.9.1.2. Lower the Partner’s rating in the Service;

9.9.1.3. Limit or lower the display of the Partner’s Advertisements in search results;

9.9.1.4. Temporarily or permanently revoke Partner status;

9.9.1.5. Fully or partially, temporarily or permanently restrict the ability to post Advertisements or sell Services.

9.9.1.6. In addition to the aforementioned measures, the Partner undertakes to compensate IMSKIPPER, upon its first request and in any event within three days, for damages and costs incurred by IMSKIPPER as a result of the Partner’s breach of its obligations.

9.9.2. Partner Liability in the Event of Cancellation of Confirmed Applications:

9.9.2.1. In the event of cancellation of confirmed applications, in addition to the measures specified in the general provisions on liability, the Partner undertakes to compensate IMSKIPPER, upon its first request and in any event within three days:

9.9.2.1.1. The amounts of compensation paid by IMSKIPPER to Users for cancelled Partner applications or paid to other Partners or individuals, including those calculated as the difference between the Partner’s price for the cancelled application and the price of the Service from another Partner or individual, as compensation for the User’s losses (e.g., ticket costs, accommodation, etc.).

10. LIABILITY OF IMSKIPPER

10.1. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. IMSKIPPER is not responsible for any damages that may be caused to the User or the Partner as a result of using the Service.

10.2. IMSKIPPER does not provide any express or implied warranties that the Service will meet the expectations and needs of Users or Partners, nor does it guarantee error-free operation or the correction of errors.

10.3. IMSKIPPER does not guarantee the absolute security of User or Partner data.

10.4. In cases where a disclaimer of liability is not permitted under applicable law, the parties agree that IMSKIPPER’s liability is limited solely to the reimbursement of documentarily confirmed actual damages (loss of profit is not compensable), and the maximum liability is limited to 20% of the value of the Services for which claims are made, or if such claims are not related to Services, then 20% of the value of Services purchased by the User in the Service or sold by the Partner during the month preceding the event that gave rise to the claim, and in the absence of such Services – an amount equal to 100 euros.

11. MONITORING OF USAGE

11.1. For the purpose of improving the Service, IMSKIPPER is entitled to collect information regarding how the Service is used, interactions with its interface, the hardware and software environment, and error reports. All such activities are carried out in the background and in no event have access to personal data or payment details.

11.2. The specifics of processing personal and other data are set forth in the Privacy Policy.

12. INTELLECTUAL PROPERTY

12.1. The Service, all its individual components, the method of constructing information, and its interfaces are the intellectual property of IMSKIPPER.

12.2. No one is entitled to use any part of the Service without special permission, beyond the normal use specified in this Agreement. In particular, no one may copy information, Advertisements, interface elements, data structures, etc.

12.3. No one is entitled, either manually or by means of special software, to collect or copy information or Advertisements from the Service, to conduct an unreasonable number of search queries, or to otherwise impact the Service in a manner that leads to an unjustifiably high load.

12.4. No one is entitled to use the IMSKIPPER trademark, or any other means of individualization used by IMSKIPPER, or any similar marks (graphically, phonetically, or otherwise), including registering domain names in any domain zones, even if only part of the domain contains an IMSKIPPER identifier (or a similar one).

12.5. By posting Content, the User and the Partner grant IMSKIPPER a royalty-free, irrevocable, perpetual, worldwide, sublicensable, and transferable license to use the Content for the purposes of operating the Service, its advertising, and promotion. No reports regarding such use will be provided.

12.6. At the same time, the User and the Partner represent and warrant that:

12.6.1. They legally own the Content and have the right to distribute it on the Service;

12.6.2. The Content does not violate the privacy rights of others;

12.6.3. The Content does not contain viruses or any material contrary to the Service Policy;

12.6.4. They assume all possible claims arising from the use of the Content.

12.7. IMSKIPPER may, at its discretion, remove any Content that does not comply with the Agreement.

13. SERVICE UPDATES

13.1. IMSKIPPER may, at its sole discretion, make changes to the Service at any time, which may expand or limit its functional capabilities, alter its visual appearance, or otherwise modify it – including by providing additional functionalities for an extra fee, or by changing hardware or software requirements.

13.2. IMSKIPPER makes no commitments to maintain any particular functionality, technology, compatibility, or interfaces. In the event of updates, neither the User nor the Partner is entitled to demand the provision of functionalities or interfaces whose access has been discontinued or altered.

14. CORRESPONDENCE BETWEEN THE PARTIES

14.1. All legally significant notifications regarding the performance of this Agreement shall be sent to the email addresses provided by the User and the Partner in their Account, and to IMSKIPPER at the address specified in the “IMSKIPPER Details” section of this Agreement.

14.2. A notification is considered received on the next business day following the day of sending.

14.3. Each party shall take necessary and sufficient measures to maintain the confidentiality of their email account credentials and bears the risk of not receiving notifications in a timely manner.

15. AMENDMENT OF THE AGREEMENT

15.1. IMSKIPPER may, at any time and at its sole discretion, amend this Agreement by publishing new versions on the IMSKIPPER Website.

15.2. Unless otherwise stated in the text of the new versions, they shall come into force 10 days after their publication on the IMSKIPPER Website.

15.3. The Partner and the User have the right to withdraw from the Agreement before the amendments come into force. Such withdrawal will result in the deletion of the Account and the inability to use the Service.

15.4. The Partner and the User agree to review the current version of the Agreement before the next purchase of a Service or posting of an Advertisement.

15.5. In the absence of a withdrawal in connection with the new version, the Agreement is deemed accepted. Henceforth, the parties shall be governed by the new version.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1. This Agreement shall be interpreted and enforced in accordance with the procedural and substantive laws of the country in which IMSKIPPER is registered. The rules on conflicts of law shall not apply.

16.2. All disputes arising from this Agreement must initially be resolved through a claims procedure. The response period for a claim is 30 days from the date it is received by the party.

16.3. If the dispute is not resolved by the parties through the claims procedure, it shall be submitted to the court in the jurisdiction where IMSKIPPER is located.

17. TERM OF THE AGREEMENT

17.1. This Agreement is concluded for an indefinite period.

17.2. Either party may terminate this Agreement, but not before completing all undertaken obligations, except in cases where the Service is discontinued.

17.3. IMSKIPPER may, at its sole discretion, discontinue the operation of the Service at any time, notifying Users and Partners at least 10 days in advance by publishing the relevant information on the IMSKIPPER Website.

18. IMSKIPPER DETAILS

D.O.O. IMORE

Tax ID 03400921

85000 Dubrava 90, Bar, Montenegro

LOVCEN BANKA

Account number 565-9327-42

E-mail: imskipper.net@gmail.com






Appendix to the IMSKIPPER Service Agreement “TARIFFS”

IMSKIPPER Commission Rates, Paid by Users

Selection, Search

Commission Rate

Note

Selection of a Captain (Skipper)

15% of the captain's fee


IMSKIPPER Commission Rates, Paid by Partners

1. Sale of Services.

Tariff

Commission Rate

Available Service Tools

Standard

15%

The Partner's Advertisement will be listed in the general list in chronological order by the Service start date. If multiple Services start on the same date, the one published earlier will appear higher.

Offshore master

20%

- In search results, the Partner's Advertisement will appear above free listings.

- The Partner's Advertisement will be featured in advertising and thematic blocks on the homepage.

- The Partner's Advertisement in the general list will be highlighted with color.

Ocean Master

12%

A reduced commission rate is available to Partners with a rating of at least 4.8 (out of 5).

The conditions for posting an Advertisement correspond to the Standard tariff.

2. Yacht Selection.

Selection, Search

Commission Rate

Note

Yacht Selection

At the Partner-charter company's price




Appendix to the IMSKIPPER Service Agreement “FEATURES OF EXECUTION OF THE USER’S AGENT INSTRUCTIONS”

  1. GENERAL CONDITIONS
    1. By aggregating information on existing or potentially available Services from various Partners (based on historical data, specialized search systems, and other sources as determined by IMSKIPPER), the Service may offer options for combining them for a joint order.
    2. Combination Options are not pre-packaged tours or offers for purchase and are marked with the special sign “Constructor”.
    3. The functionality of the Service may include the selection of Partners, selection of Services, and other parameters for Combination Options.
    4. When a User submits a request in the Service to purchase the Services included in a Combination Option, they authorize IMSKIPPER, on behalf of and at the expense of the User, to conclude the necessary agreements with Partners for the provision of the Services included in the Combination Option. The direct contracting party is the User, even if IMSKIPPER is named as a participant in the agreement.
    5. In doing so, the User grants IMSKIPPER the right to determine the terms of such agreements, within the scope of the provided mandate. The provisions of such agreements will correspond to the conditions usually applicable for agreements of this type.
    6. The User has the right to request the relevant agreements with the Partners from IMSKIPPER in advance for review and approval.
    7. In cases where Combination Options do not specify Partners, IMSKIPPER is entitled to conclude an agreement with any Partner whose Services meet the conditions of the Combination Options.
    8. IMSKIPPER assumes no obligations or guarantees regarding the actions of Partners or their proper selection. The decision regarding the composition of Services and the choice of Partners is made solely by the User, who agrees to familiarize themselves with the available information and/or request additional details before submitting a purchase request. In facilitating the operation of the Service, IMSKIPPER acts only as the User’s Agent in concluding agreements.
    9. IMSKIPPER is entitled to cancel the User’s order if there are no Partners available who are willing to provide the corresponding Services or Services on acceptable terms.
    10. The agency fee is determined as the difference between the price stated in the User’s order in the Service and the actual purchase price of the Service from the Partner. The agency fee is deducted from the User’s prepayment.
    11. The report by IMSKIPPER consists of providing information in the Service regarding the Services purchased for the User.
    12. The User acknowledges that the Services included in the Combination Option are distinct, each with its own price and terms of provision. Cancellation of any one Service after the agreement has been concluded does not automatically result in the termination of the other agreements, nor does a delay in one agreement affect the terms of the others, unless otherwise stated.
  2. FEATURES OF JOINT SERVICE ORDERS
    1. Combination Options may include the possibility of a joint order for all or part of the Services. A joint order means that a single Service can be ordered simultaneously by multiple Users. The maximum number of Users is specified in the Combination Options. For example, a yacht may be chartered jointly by several Users.
    2. Each User authorizes IMSKIPPER to conclude an agreement on behalf of the Users and at their expense, with multiple individuals on the Client side. Each User shall be a joint participant in the agreement. IMSKIPPER will not be a party to the agreement, even if it is mentioned therein.
    3. If the Service does not allow the inclusion of all Users in the Agreement with the Partner concluded on behalf of the Users, the Agreement must indicate one of the Users. Such indication does not grant that User any additional rights. Information about all Users is maintained in the Service.
    4. Management of the Service after the agreement is concluded in the case of a joint order is carried out by mutual agreement among the Users – the parties to the Agreement. Disputes among the Users regarding the receipt of the Service shall be resolved by the Users themselves, and if no agreement is reached, the decision shall be made by the Partner.
    5. By deciding to place a joint order, the User agrees that the basis for terminating or amending the agreement cannot be the identity (or characteristics) of the other Users who placed the joint order. The User is informed that a joint order for a Service may be made by any person, provided they do not have restrictions imposed regarding the Service.
    6. Except for the specific provisions outlined in this section, the General Provisions of this Appendix apply to joint orders of Services.