These Terms of Service govern your access to and use of the website at sailocean.lol and the professional services provided by AURELIA NAVIGATION LIMITED. By visiting this website, submitting an enquiry or engaging our chart room for a service, you agree to be bound by these terms. If you do not agree with any part of these terms you should not use the website and should not engage our services.
AURELIA NAVIGATION LIMITED is a computer integrated systems design firm organised and operating in Hong Kong (HK), with an office at 27/F Alexandra House, 18 Chater Road, Central, Hong Kong (HK). These terms are written in plain language so that a client can understand the shape of the relationship before a voyage begins, and they are intended to be read alongside any written agreement that we sign with you for a specific engagement.
Where a signed engagement agreement conflicts with these terms, the signed agreement prevails for that engagement to the extent of the conflict. In all other respects these terms continue to apply.
In these terms, we, us and our refer to AURELIA NAVIGATION LIMITED. You and your refer to the person or organisation using the website or engaging our services. The word website means the pages served at sailocean.lol and any related subdomain that we operate. The word services means the professional systems design, integration and support work that we carry out, including the six desks described on our services page.
Deliverables means the reports, diagrams, documentation, software and other materials that we produce for you under an engagement. Engagement means a specific piece of work that we agree to carry out for you, usually recorded in a written proposal, statement of work or similar document. Confidential information means information that is not public and that a reasonable person would treat as confidential.
Headings are included for convenience only and do not affect the meaning of these terms. Words in the singular include the plural and words in the plural include the singular, as the context requires.
Our website and services are intended for professional and business users. By using the website you confirm that you are at least the age of majority in your jurisdiction and that you have the authority to act on behalf of any organisation for which you use the site or engage us. If you use the site on behalf of an organisation, you confirm that you are authorised to bind that organisation to these terms.
You are responsible for the equipment, software and connectivity that you need to reach our website and to cooperate with an engagement. We do not guarantee that the website will be available at all times, and we may suspend access for maintenance, security or other reasonable reasons.
We may decline to provide services to any person or organisation where we believe, in good faith, that doing so would breach the law, create a conflict of interest or expose our crew to harm.
AURELIA NAVIGATION LIMITED provides computer systems design and integration services, organised around six working desks. The Passage Desk lays the passage plan and architecture. Current Log Rounds provide recurring operational checks and records. Sounding Weeks carry out integration testing and depth measurement. Harbor Approach Days prepare and rehearse a release. Buoy Watch Sessions monitor live systems against agreed markers. Log Book Evenings close each cycle with a written record and handover.
The description of these desks on our website is for general information and does not by itself create a contract for a specific scope. The exact services we provide to you are set out in the engagement agreement that we sign with you, which will describe the deliverables, the timetable, the fees and the responsibilities of each side.
We carry out our services with the reasonable skill and care expected of a competent professional firm in our sector. We do not promise that a particular business outcome will follow from our work, because many outcomes depend on factors outside our control, such as the performance of third party systems or the decisions of your own team.
Every engagement is defined by a written scope. Work falls outside the scope where it is not described in the engagement agreement, where it relates to a system or a component that the agreement does not name, or where it requires a level of effort or a set of skills that the agreement did not anticipate. Where you ask us to carry out work outside the scope, we will discuss the change with you and agree a written variation before the additional work begins.
We manage scope carefully because an unbounded engagement serves nobody well. A clear scope lets us give you a firm plan, a fair fee and a dependable timetable, and it lets you know exactly what you are commissioning. If a change is needed we will be open about the effect on time and cost, and we will not carry out chargeable work without your agreement.
Where the engagement involves access to your systems, you will provide the access, credentials and environments that we reasonably need to do the work. Delays in providing access may affect the timetable, and we will tell you promptly if that happens.
To allow us to carry out the services, you agree to provide accurate and timely information, to make decisions within the times we agree, to nominate a point of contact who can speak for your organisation, and to give us such cooperation and access as the engagement reasonably requires. You agree to ensure that any data you provide to us is lawfully held and that you have the right to share it for the purposes of the engagement.
You are responsible for the decisions that you make in your own business, including decisions to accept, adopt or deploy anything that we deliver. We will provide clear advice and a strong recommendation where you ask for one, but the final decision on whether to act on that advice rests with you.
You also agree to keep your own systems and credentials secure and to tell us promptly if you become aware of a security incident, a data breach or any other event that may affect the services. Cooperation in good faith is the tide that carries every engagement to a safe harbour.
When you use our website you agree not to do anything that harms the site, its users or our firm. You agree not to attempt to gain unauthorised access to any part of the site or its supporting systems, not to introduce malicious code or harmful material, not to overload the site with automated requests, and not to copy or republish the content of the site in a way that infringes our rights or misleads others.
You agree not to use the site to send unlawful, defamatory, abusive or fraudulent material, and not to impersonate any person or organisation. You agree not to scrape the site for commercial purposes without our written permission, and not to interfere with the ordinary operation of the site or the security measures that protect it.
If we believe, in good faith, that your use of the site breaches these rules, we may restrict or suspend your access and, where appropriate, report the matter to the relevant authority. We will act proportionately and will tell you what we have done where it is safe and lawful to do so.
The content of our website, including its text, layout, graphics, code and design, belongs to AURELIA NAVIGATION LIMITED or is used by us with permission, and is protected by the intellectual property laws that apply. You may view the site and print a copy of a page for your own reference, but you may not otherwise reproduce, distribute or create derivative works from the content without our written consent.
In an engagement, ownership of the deliverables is set out in the engagement agreement. Where the agreement does not state otherwise, we retain ownership of our pre-existing tools, methods, templates and know-how, and we grant you a licence to use the deliverables for the purpose for which they were produced. Ownership of any client materials that you provide remains with you at all times.
Where an engagement creates new intellectual property, we and the client will agree in writing who owns it and on what terms, so that there is no ambiguity later. We are always willing to discuss a fair allocation that reflects the contribution of each side.
The fees for an engagement are set out in the engagement agreement, together with the currency, the payment schedule and any applicable taxes. Unless the agreement states otherwise, invoices are payable within the period stated on the invoice, and any amount that is not paid on time may attract late payment interest at the rate set out in the agreement or, where no rate is stated, at a reasonable commercial rate.
We may ask for a deposit before work begins, and we may pause work where an invoice remains unpaid beyond the agreed period. We will always tell you before pausing work and will give you a chance to resolve the matter. Fees for work already carried out remain due even if an engagement later ends for another reason.
You are responsible for any tax that applies to the services in your jurisdiction, and you agree to provide any information we reasonably need to comply with our own tax obligations. If you believe that an invoice is incorrect, please tell us promptly and we will review it in good faith while the undisputed part is paid on time.
Each side agrees to keep the confidential information of the other side in confidence, to use it only for the purposes of the engagement, and to protect it with at least the same care that it uses for its own confidential information. Confidential information may be disclosed to a member of our crew or your team who needs it for the work, provided that the recipient is bound by a duty of confidence.
Confidentiality does not apply to information that is already public without any breach of duty, that is independently developed without reference to the confidential information, that is lawfully received from a third party without a duty of confidence, or that must be disclosed by law or by a regulator. Where disclosure is required by law we will, where it is lawful to do so, give the other side prompt notice so that protective steps may be considered.
These confidentiality duties survive the end of an engagement and continue for as long as the information remains confidential.
Our services often involve third party software, platforms, libraries and services. Those components are governed by the terms and licences of their respective owners, and your use of them may require you to accept those terms. We select third party components with care, but we do not control them and cannot guarantee their continued availability, their performance or the terms under which they are offered.
Where a third party component changes, is discontinued or introduces a defect, we will help you to understand the effect and to plan a response, but we are not responsible for the acts or omissions of the third party. Any support we provide for a third party component is given on our standard terms and is limited by what the third party allows.
We encourage clients to keep a current inventory of the third party components that their systems depend on, so that changes can be managed without surprise. Where it helps, we can build that inventory into the documentation we deliver.
We warrant that we will carry out our services with reasonable skill and care and in a professional manner consistent with the standards of our sector. This is the core promise of our firm, and it is the basis on which our clients engage us. Apart from this promise and any other warranty expressly stated in an engagement agreement, the website and the services are provided without additional warranties of any kind.
We do not warrant that the website will be free of errors or interruptions, that it will meet every requirement you may have, or that any defect will be corrected within a particular time. We do not warrant that a third party system will perform as described by its owner or that a system will remain compatible with a component that later changes.
To the fullest extent permitted by law, we disclaim implied warranties, including any implied warranty of merchantability, fitness for a particular purpose and non infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you, in which case the remaining exclusions continue in force.
To the fullest extent permitted by law, AURELIA NAVIGATION LIMITED will not be liable for any indirect, incidental, special, consequential or punitive loss, or for any loss of profit, revenue, opportunity, goodwill or data, however arising, even if we were advised of the possibility of such loss. This exclusion reflects the professional and technical nature of our work and the shared responsibility that a sound engagement carries.
To the fullest extent permitted by law, our total liability arising out of or in connection with an engagement will be limited to the total fees paid by you to us for that engagement in the twelve months preceding the event that gave rise to the liability, or to the amount set out in the engagement agreement if it states a different cap.
Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded. If a limitation in this section is found unenforceable, the remainder of the section will continue to apply to the greatest extent the law allows.
You agree to indemnify and hold harmless AURELIA NAVIGATION LIMITED and its crew against any claim, loss, liability, cost or expense, including reasonable legal fees, that arises from your breach of these terms, from your misuse of the website, or from a warranty that you give to us about the data or materials you provide being misstated. This indemnity applies only to the extent that the loss is caused by your act or omission.
We agree to indemnify and hold you harmless against any claim that a deliverable we created, standing alone and used as intended, infringes the intellectual property rights of a third party, provided that you tell us promptly of the claim and allow us to take the lead in defending it. This indemnity does not apply where the claim arises from materials that you supplied, from a modification made by someone other than us, or from a use of the deliverable outside the purpose for which it was produced.
Each side will cooperate reasonably with the other in the defence of any claim to which this section applies, and no side will settle a claim in a way that admits fault on the part of the other without that other side consent.
These terms apply for as long as you use the website and, for an engagement, for the term set out in the engagement agreement. Either side may end an engagement in accordance with the notice and other provisions of that agreement. Where the agreement does not specify a termination right, either side may end the engagement for convenience by giving reasonable written notice.
AURELIA NAVIGATION LIMITED may end or suspend an engagement immediately if you commit a material breach that you do not remedy within a reasonable period after notice, if you become insolvent or unable to pay your debts, or if continuing the engagement would require us to act unlawfully or unethically.
On the end of an engagement, each side will return or delete the confidential information of the other as the agreement requires, you will pay for work carried out up to that point, and we will hand over the deliverables and records that the engagement has produced. Provisions that by their nature are intended to survive will continue, including those on confidentiality, intellectual property, liability and governing law.
Neither side will be liable for a failure or delay in performing an obligation to the extent that the failure or delay is caused by an event beyond that side reasonable control. Such events may include a natural disaster, an epidemic, a failure of public infrastructure, a cyber attack on a third party service, an act of government, or civil unrest.
The side affected by such an event will tell the other side promptly, will take reasonable steps to reduce the effect, and will resume performance as soon as it can. If the event continues for a prolonged period, either side may end the affected engagement by written notice without penalty, subject to payment for work already carried out.
This section does not apply to an obligation to pay a sum that has already fallen due.
These terms and any dispute arising out of or in connection with them are governed by the laws of Hong Kong (HK). The courts of Hong Kong (HK) have exclusive jurisdiction over any such dispute, subject to any right that a mandatory law of your own jurisdiction may give you to bring a claim elsewhere.
Before beginning formal proceedings, each side agrees to raise the matter with the other in good faith and to allow a reasonable period for discussion and resolution. A direct conversation resolves most concerns faster and at far lower cost than a formal dispute, and it reflects the professional spirit in which we hope every engagement is conducted.
If any provision of these terms is found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will continue in full force.
We may update these terms from time to time to reflect changes in our services, in the law or in the way we work. When we make a material change we will update the effective date at the top of this page and, where appropriate, give notice by a reasonable means. The version in force is the one published on this page at the time you use the website or engage our services.
For an engagement that is already underway, the terms agreed in the engagement agreement continue to govern that engagement unless both sides agree in writing to adopt a change. We will not apply a change retroactively in a way that reduces your rights without your agreement.
If you do not accept a change to these terms, you should stop using the website and discuss any effect on an active engagement with your point of contact at the chart room.
These terms, together with any engagement agreement and any privacy policy that applies, form the entire agreement between you and AURELIA NAVIGATION LIMITED in respect of their subject matter. They replace any earlier discussion or understanding on that subject, whether written or spoken.
A failure by either side to enforce a right under these terms is not a waiver of that right, and a single waiver does not prevent the enforcement of the same right on a later occasion. You may not transfer your rights or obligations under these terms without our written consent, and we will not transfer our obligations in a way that reduces the protection you hold. We may involve a subcontractor for part of an engagement, but we remain responsible for the work as a whole.
Where these terms are translated into another language for convenience, the English version prevails if there is any conflict. References to a statute or regulation include any successor to it. Nothing in these terms creates a partnership, a joint venture or an agency between the parties beyond what is expressly stated.
If you have any question about these Terms of Service, or if you would like to discuss an engagement, please contact AURELIA NAVIGATION LIMITED at sail@sailocean.lol or by telephone on +19898787123. You may also write to our chart room at 27/F Alexandra House, 18 Chater Road, Central, Hong Kong (HK).
Our crew will answer your message with the same care that we bring to every passage plan. Where a matter concerns a specific engagement, please quote the engagement reference so that we can bring the relevant chart to the table.
Thank you for reading these terms. We look forward to laying a clear chart with you and setting a steady course together.