Sage terms and conditions

Applicable to the use of the Burgess Yacht Finance Dashboard and SAGE Expense Management

General Overview

The following terms of business supplement the Burgess General Terms and Conditions which may be found here: https://www.burgessyachts.com/en/general-terms-and-conditions.

Where Burgess is contracted to provide yacht finance services for the management of a Yacht’s expenses, it will use its standard financial reporting templates to assist with reporting on expenditure for the Yacht and helping to administer payments to suppliers. 

As part of its yacht finance service Burgess will use its commercially reasonable endeavours to provide the Client with access to its online standard financial reporting dashboard and its online SAGE expense data entry portal (together the ‘Online Services’), both of which may be changed or modified from time to time. 

The information that appears on the dashboard of the Online Services is illustrative only and contains reconciled and unreconciled financial information. The Online Services do not replace the Yacht’s formal periodic accounts that are issued by Burgess which take precedence over any information presented on the dashboard. 

'Burgess' means Nigel Burgess SAM and all of its associated, related and subsidiary companies including Nigel Burgess Ltd (and including their respective employees, agents and sub-contractors). 
References in these Terms to ‘Client’ shall mean the party who has signed a Yacht Management Agreement or a Yacht Finance Agreement with Burgess.

System Maintenance

1.    The Online Services may be taken offline in whole or part for maintenance at the discretion of Burgess. The Online Services may also be offline due to force majeure, malicious attacks on either system, issues associated with hosting, local area networks or internet service provider connectivity and for other reasons beyond the Burgess’ control. Burgess will use its commercially reasonable efforts to minimize such interruption and to schedule maintenance at non-peak hours.

2.    The Client acknowledges and agrees that the Online Services are subject to limitations, security vulnerabilities, delays and other problems inherent to the operation of the internet and other electronic communications and that Burgess and/or its licensors will not be liable or responsible to the Client for any such delays, interruptions, security problems, delivery failures or other damage resulting from such problems.

User Obligations

3.    While using the Online Services, the Client shall be responsible for:

• 3.1.    obtaining and maintaining its own compatible equipment, software and communications lines which are required to connect the Client to the internet and access the Online Services and for its compliance with any third party licence terms or other third party agreements in relation to its use of equipment, software and communications lines, 
• 3.2.    paying all third party access charges incurred while using the Online Services, 
• 3.3.    implementing, maintaining, and updating all necessary and proper procedures and software for safeguarding against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively "Malware"), 
• 3.4.    abiding by all local and international laws and regulations applicable to the Client’s use of the Online Services, and
• 3.5.    using the Online Services only for legal purposes.

4.    The Client will not (and shall procure that any user of the Online Services who receives their authority to use the Online Services from the Client shall not): 

• 4.1.    upload or distribute any files that contain Malware, corrupted files, or any other similar software or programs that may damage the operation of the Online Services, 
• 4.2.    other than to the extent permitted by applicable law or with Burgess’ prior written consent, alter, modify, merge, translate, adapt, decompile, disassemble, reverse-engineer or create any derivative work based upon the Online Services, either in whole or in part,
• 4.3.    probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Online Services, 
• 4.4.    take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Online Services, 
• 4.5.    use or try to use the Online Services in a way which Burgess has not specifically allowed.  For example the Client must not try to make the Online Services work in a particular way if they does not usually work in that way, 
• 4.6.    copy or reproduce the Online Services, 
• 4.7.    attempt to access or use, access or use any other clients' or their user data through the Online Services, 
• 4.8.    maliciously reduce or impair the accessibility of the Online Services, 
• 4.9.    use the Online Services or the service provided by the Online Services to post, promote, or transmit any unlawful, harassing, libellous, abusive, threatening, harmful, hateful, or otherwise objectionable material, 
• 4.10.    use the Online Services for any illegal purposes,
• 4.11.    remove, change or obscure any copyright or trademark notices, or 
• 4.12.    transmit or post any material that encourages conduct that could constitute a criminal offence or give rise to civil liability.

Links To Other Web Sites

5.    The Online Services may contain links to third-party web sites or services that are not owned or controlled by Burgess.

6.    Burgess has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. The Client further acknowledges and agrees that Burgess shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. 

 

© Burgess: February 2020