4. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect if
Shipowner have any Vessel using our Accounting Authority Identification
Code (AAIC) in the international system of satellite and non-satellite
coast stations and. Shipowners agree that Shipowner will not transfer any
services rights to another AA during the first sixty (60) days from the
initial registration date.
Shipowners agree that HRASSA may modify this agreement from time to time.
HRASSA may also discontinue services it provides under this agreement.
Shipowners agree to be bound by any changes HRASSA may reasonably make
to this agreement. HRASSA will post any changes to this agreement on its
web site thirty (30) days prior to such changes becoming effective. Shipowners
agree to periodically review HRASSA's web site to determine if any
changes to this agreement are forthcoming, and if there is notice of such
changes, Shipowner agree to review the modified agreement with the purpose
of determining Shipowner concurrence. Should Shipowner not concur with
the new modified agreement Shipowner may cancel Shipowner agreement with
HRASSA, provided Shipowner notify HRASSA in writing no later than thirty
(30) days after the modified agreement becomes effective.
Should Shipowner elect to cancel Shipowner agreement with HRASSA Shipowner
will not receive a refund for any fees Shipowner may have paid to HRASSA.
5. UP TO DATE INFORMATION; USE OF INFORMATION
Shipowners agree to notify HRASSA within 5 business days when any of the
information Shipowner provided as part of the application and/or registration
process changes. It is Shipowner responsibility to keep this information
in a current and accurate status. Failure by Shipowner, for whatever reason,
to provide HRASSA with accurate and reliable information on an initial
and continual basis, shall be considered material breach of this agreement.
Failure by Shipowner, for whatever reason, to respond within five (5) business
days to any inquiries made by HRASSA to determine the validity of information
provided by Shipowner, shall also be considered a material breach of this
agreement.
Shipowners agree that for each vessel name registered by Shipowner the
following information will be made publicly available in the HRASSA Web
directory:
The Vessel names.
Shipowners Company name.
Flag Registry.
Call Sign.
Ship ID number.
The original date of Contract registration and expiration date.
6. DISPUTE
The Shipowner and HRASSA shall endeavor to settle amicably any disputes
arising from or regarding the contract. If no solutions can reach, the
dispute shall be submitted for the judgment to the courts of the Republic
of Honduras Law Courts
7. SUSPENSIONS OF SERVICES; BREACH OF AGREEMENT
Shipowners agree that, in addition to other events set forth in this agreement,
Shipowners ability to use any of the services provided by HRASSA is subject
to cancellation or suspension in the event there is an unresolved breach
of this agreement and/or suspension or cancellation is required by any
policy now in effect or adopted later by Interested Parties.
Shipowners agree that Shipowners failure to comply completely with the
terms and conditions of this agreement and any HRASSA rule or policy may
be considered by HRASSA to be a material breach of this agreement and that
HRASSA may provide Shipowner with notice of such breach either in writing
or electronically (i.e. email). In the event Shipowner do not provide HRASSA
with material evidence that Shipowner have not breached Shipowner obligations
to HRASSA within ten (10) business days, HRASSA may terminate its relationship
with Shipowner and take any remedial action available to HRASSA under the
applicable laws.
Such remedial action may be implemented without notice to Shipowner and
may include, but is not limited to, canceling the contract of any of Shipowner
vessels and discontinuing any services provided by HRASSA. No fees will
be refunded should Shipowner agreement be cancelled, or services be discontinued
because of a breach. HRASSA 's failure to act upon or notify Shipowner
of any event, which may constitute a breach, shall not relieve Shipowner
from or excuse Shipowner from the fact that Shipowner have committed a
breach.
8. LIMITATION OF LIABILITY
Shipowners agree that HRASSA's entire liability to Shipowner under
this agreement, and Shipowner only remedy, in connection with any service
provided by HRASSA under this agreement, and for any breach of this agreement
by HRASSA, shall be limited to the fees Shipowner paid to HRASSA for the
particular service in contention.
HRASSA AND ITS CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR
INABILITY TO USE ANY OF HRASSA'S SERVICES OR FOR THE COST OF OBTAINING
SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION
OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, HRASSA'S
LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
HRASSA DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
i. Access delays or to worldwide coast station service interruptions.
ii. Data non-delivery or mis delivery between Shipowner and HRASSA
iii. Events beyond our control (i.e., acts of God)
iv. The unauthorized use of Shipowner account information with HRASSA
or any of the services provided to Shipowner by HRASSA.
v. Errors, omissions or misstatements
vi. Deletion of, failure to store, or failure to process or act upon mail
or email messages.
vii. Processing of updated information to Shipowner registration record
viii. Development or interruption of Shipowner AA services
ix. Errors regarding the processing of Shipowner application
x. Any act or omission caused by Shipowner or Shipowner agent (whether
authorized by Shipowner or not)
9. INDEMNITY
Shipowner agree to release, defend, indemnify and hold harmless HRASSA
and its contractors, agents, employees, offices, directors, shareholders
and affiliates from and against any losses, damages or costs, including
reasonable attorney's fees, resulting from any claim, action, proceeding
suit or demand arising out of or related to Shipowner (including Shipowner
agents, affiliates or anyone using Shipowner account with HRASSA whether
or not on Shipowner behalf, and whether or not with Shipowner permission)
use of the services provided by HRASSA. Should HRASSA be notified of a
pending lawsuit, or receive notice of the filing of a lawsuit, HRASSA may
seek a written confirmation from Shipowner concerning Shipowner obligation
to indemnify HRASSA. Shipowner failure to provide such a confirmation may
be considered a breach of this agreement.
10. REPRESENTATIONS AND WARRANTIES
Shipowner warrant that all information provided by Shipowner as part of
the contract registration process is complete and accurate. Shipowner also
warrant that each registration Shipowner make is being done in good faith
and that Shipowner have no knowledge of its infringement upon or conflicting
with the legal rights of a third party.
Shipowners agree that HRASSA makes no representations or warranties of
any kind in connection with this agreement and specifically makes no guaranty
to Shipowner against the possibility of objection to, or challenge of,
the registration or use by of any vessel Shipowner register with HRASSA.
11. DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY
THAT OUR SERVICE(S) WILL MEET SHIPOWNER REQUIREMENTS, OR THAT THE SERVICE(S)
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS WILL
BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12. SEVERABILITY; ENTIRETY
Shipowners agree that the terms of this agreement are severable. If any
part of this agreement is determined to be unenforceable or invalid, that
part of the agreement will be interpreted in accordance with applicable
law as closely as possible, in line with the original intention of both
parties of the agreement. The remaining terms and conditions of the agreement
will remain in full force and effect.
Shipowners agree that this agreement including the policies it refers
to constitute the complete and only agreement between Shipowner and HRASSA
regarding the services contemplated herein.
13. NOTICES
Shipowners agree that all notices (except for notices concerning breach
of this agreement) from HRASSA to Shipowner may be posted on our web site
and will be deemed delivered within thirty (30) days after posting. Notices
concerning breach will be sent either to the email address Shipowner have
on file with HRASSA or mailed first class postage to the postal address
Shipowner have on file with HRASSA. In both cases, delivery shall be deemed
to have been made ten (10) days after the date sent.
Notices from Shipowner to HRASSA shall be made either by email, sent to
the address we provide on our web site, or first-class mail to our address
at:
Agreement
Honduras Radio Accounting Services S. A.
Teléfonos +504 2226-7122, +504 2226-7125
Móvil + WhatsApp +504 3371 3788
Colonia Jardines de Loarque, Avenida Principal, 1 cuadra antes del puente
viejo, Casa No. 501, Bloque No. #26J, Comayagüela. HONDURAS
www.hrassa.com
Delivery shall be deemed to have been made by Shipowner to HRASSA Ten
(10) days after the date sent.
14. RESERVATION OF RIGHTS
Honduras Radio Accounting Services S. A., expressly reserves the right
to deny, cancel or transfer any account that it deems necessary, at its
discretion, to protect the integrity and stability of the AA services,
to comply with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of HRASSA, as
well as its, officers, directors and employees. HRASSA, also reserve the
right to freeze a vessel account during resolution of a dispute.
15. AUTHORITY TO ENTER INTO AGREEMENT/RESPONSIBILITY
If the agreement is entered into a behalf of the Shipowner by an Agent
(other than an employee or, if the Shipowner is a corporate body, a director
a director of the Shipowner) then the Shipowner and Agent shall be bound
jointly and severally to account for the charges and make the payment or
deposit referred in the email subject “Fees and Deposit”.