Kiwi Design and Engineering Limited

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Terms of Service

These Terms of Service govern your use of this website and of the convoy planning services offered by Kiwi Design and Engineering Limited under the Sea Alliance practice. By using the site or engaging the planning desk, you agree to these terms. If you do not agree, please do not use the site or the services. The company is registered in Hong Kong and its place of business is Rm H 8/F King Win Fty Bldg, 65-67 King Yip St, Kwun Tong, Hong Kong - 999077, Hong Kong (HK). You may contact us at info@seaalliance.lol or on +13866393989.

Contents

  1. Agreement to These Terms
  2. Definitions
  3. Eligibility and Authority
  4. The Planning Services
  5. Placing an Engagement
  6. Fees and Payment
  7. Client Responsibilities
  8. Accuracy of Plans and Advice
  9. Third Party Information
  10. Intellectual Property
  11. Confidentiality
  12. Acceptable Use of the Website
  13. Website Availability
  14. Limitation of Liability
  15. Indemnity
  16. Termination and Suspension
  17. Force Majeure
  18. Governing Law and Disputes
  19. Changes to These Terms
  20. Miscellaneous
  21. Contact Details

1. Agreement to These Terms

These Terms of Service form a legal agreement between you and Kiwi Design and Engineering Limited, the company that operates the Sea Alliance convoy planning practice. The agreement applies to every visit to this website and to every planning engagement that the company accepts, except where a separate written service agreement has been signed, in which case the separate agreement will prevail on any point of conflict.

You accept these terms by browsing the site, by submitting an enquiry through the contact form, by calling the desk or by instructing the company to prepare a plan. If you act on behalf of an organisation, you confirm that you have the authority to bind that organisation to these terms.

Please read the terms in full before you engage the practice. If any part is unclear, write to info@seaalliance.lol and a member of the team will explain it.

2. Definitions

In these terms, the following words have the meanings given below. The definitions apply throughout the document unless the context clearly requires a different reading.

  • Company means Kiwi Design and Engineering Limited, registered in Hong Kong.
  • Practice means the convoy planning services delivered under the Sea Alliance practice name.
  • Services means the planning work described in section 4, including the six desks of the practice.
  • Client means the person or organisation that engages the company for the services.
  • Plan means any pilot rotation, mooring draft, berth window sheet, tide review, crew change schedule and safety drill calendar prepared for a client.
  • Website means the site published at https://www.seaalliance.lol.
  • Content means the text, layout, graphics and other material on the website.
  • Engagement means the period during which the company provides services to a client.

3. Eligibility and Authority

This website and the services are intended for businesses, public bodies and professionals in the maritime, logistics and engineering sectors. By using the site you confirm that you are at least eighteen years of age and that you are legally able to enter into a contract.

Where you act for a vessel operator, a terminal, an agency or another organisation, you confirm that you are authorised to share the operational information that a plan requires and to accept these terms on behalf of that organisation. If your authority is limited, you must tell the company before the engagement begins so that the correct approvals can be obtained.

The company may decline an engagement if it has reason to believe that the request is unlawful, that the information provided is false or that the work would create an unacceptable safety or compliance risk.

4. The Planning Services

The practice drafts vessel convoys on a plot rail and delivers the result through six connected desks. Each desk is described on the services page of the website, and the summary below sets out the scope of the services in general terms.

Pilot rotation desks

The company prepares a boarding and release sequence for a convoy, naming a pilot for each leg and checking that no pilot is double booked on the same tide. A substitution line is prepared for each leg where the information allows.

Mooring plan drafts

The company draws a line run plan for the berth, assigns bollards, sets the order for taking lines and prepares a fallback arrangement for a change in conditions.

Berth window planning

The company plans a booking window against terminal hours, crane availability and neighbouring traffic, and proposes a staggered order where two convoys compete for the same hour.

Tide table reviews

The company reads the tide tables for the stretch of water in use, marks slack windows and shallow edges and states the margin recommended for each movement.

Crew change schedules

The company builds a crew change sequence around the berth window, with a printed day sheet, a named quay contact and a fallback for a late van or a delayed flight.

Safety drill calendars

The company prepares a quarterly drill calendar that avoids the busiest berth windows and crew changes, and reviews the calendar as the convoy shape shifts.

The services are advisory and planning services. They do not replace the judgement of a master, a pilot or a port authority, and they do not authorise any movement of a vessel. The final decision to proceed always rests with the person in command of the vessel and with the relevant authority.

5. Placing an Engagement

An engagement begins when the company confirms in writing that it accepts the requested work. A message sent through the contact form is an enquiry rather than an order, and no obligation arises until the company has replied with a confirmation that describes the scope, the expected delivery time and the fee.

The client must provide complete and accurate information at the start of an engagement. Where information is missing, the company may prepare the plan on the basis of stated assumptions and will identify those assumptions in the plan. A change to the assumptions may require the plan to be redrawn, and the company may treat the redraw as a new instruction.

The company may ask for confirmation of an instruction before proceeding where the request is unusually broad, where the safety implications are significant or where the information supplied is internally inconsistent.

6. Fees and Payment

Fees are set out in the written confirmation of an engagement or in a separate quotation. Unless the confirmation says otherwise, fees are quoted in Hong Kong dollars and are exclusive of any taxes that may apply.

Payment terms are stated on the invoice. Unless a different period is agreed, invoices are payable within thirty days of the date of issue. Where an engagement is long, the company may invoice in stages or ask for a deposit before work begins.

If an invoice remains unpaid after the due date, the company may suspend further work until the balance is settled and may charge interest on the overdue amount at a reasonable rate permitted by law. The company will give written notice before suspending work, except where the delay is exceptional and a warning would be impractical.

A client may dispute an invoice in good faith by writing to info@seaalliance.lol within fourteen days of receipt. The company will review the dispute, respond in writing and, where the dispute is upheld, issue a corrected invoice. Undisputed amounts remain payable on the original date.

7. Client Responsibilities

A good plan rests on good information. The client is responsible for providing accurate route details, vessel particulars, berth requests, crew movement needs and any known restriction that may affect the plan. The client must tell the company promptly if any of that information changes.

  • The client must hold the permissions needed to share vessel and crew information with the company.
  • The client must ensure that the named contacts are authorised to receive the plan.
  • The client must follow the safety procedures that apply to its own vessels and berths.
  • The client must not use a plan for a purpose that was not described when the engagement began.
  • The client must keep its own copy of the issued plan and of any revision sent to it.

Where the client becomes aware of a change that could affect safety, it must notify the company and the relevant authority without delay. The company will redraw the plan where it can, but it cannot prevent a movement and cannot act in place of the vessel command.

8. Accuracy of Plans and Advice

The company prepares each plan with professional care, using the information available at the time. Tide, weather, traffic and terminal conditions can change quickly, and a plan is therefore a planning instrument rather than a guarantee of a particular outcome.

The company states the assumptions on which a plan rests, the margin it recommends and the fallback that applies if conditions shift. The client must read the assumptions and must not apply the plan outside the conditions for which it was prepared. Where a plan is used in circumstances that were not anticipated, the client should ask for a review before the movement proceeds.

Nothing in these terms excludes any liability that cannot be excluded by law, including liability for fraud or for death or personal injury caused by negligence. Subject to that, the company does not warrant that a plan will produce a particular berth, a particular hour or a particular financial outcome.

9. Third Party Information

A plan may rely on tide tables, port notices, terminal schedules and other information supplied by a third party. The company takes reasonable steps to use reliable sources, but it does not control those sources and cannot guarantee that every third party notice is complete or current.

Where a third party source appears inconsistent, the company will flag the inconsistency to the client and may recommend that the relevant authority be consulted. The client remains responsible for obtaining any formal clearance that a port authority, a terminal or a flag state requires.

A link to a third party website is provided for convenience. The company does not endorse the content of that site and is not responsible for its accuracy, its availability or the way it handles personal information.

10. Intellectual Property

The website, its layout, its text and its graphic devices are owned by the company or used under a valid licence. You may view the site and print a page for your own reference, but you may not copy the design, republish substantial parts of the content or use the company name and marks in a way that suggests an endorsement you do not have.

A plan prepared for a client is licensed to that client for its internal operational use from the date of delivery. The licence covers the vessels, berths and crew movements described in the engagement. The company retains ownership of its methods, templates, checklists and chart room techniques, and of any generic material that is not specific to the client.

The client may share a plan with a terminal, a pilot or an authority where that sharing is necessary for the movement described in the plan. The client may not sell a plan, publish it as its own work or use it to train a competing service without written permission.

11. Confidentiality

Each party will keep the confidential information of the other party safe and will use it only for the purposes of the engagement. Confidential information includes route details, vessel particulars, fees, internal contacts and any document marked as confidential.

The company restricts access to confidential information to the planners and staff who need it for the work. Where a service provider is involved, the provider is bound by a written duty of confidence and is allowed to use the information only as the company instructs.

The duty of confidence does not apply to information that is already public, that the receiving party developed independently or that must be disclosed by law or by a competent authority. Where disclosure is required by law, the party that must disclose will, where it is lawful to do so, give the other party advance notice.

12. Acceptable Use of the Website

You may use this website to learn about the practice, to read the service descriptions and to contact the chart room. You must not use the site in a way that interferes with its operation or with the rights of another person.

  • Do not attempt to gain unauthorised access to the site, its server or any connected system.
  • Do not introduce malicious code, automated scraping or a load that disrupts the service for others.
  • Do not submit false information or impersonate another person or organisation.
  • Do not use the contact form to send unlawful, abusive or misleading material.
  • Do not remove or alter a copyright notice or a proprietary mark on the site.

The company may block access to the site where it has a reasonable belief that a user has breached these rules. A block does not affect any right that the company has to take further action under the law.

13. Website Availability

The company aims to keep the website available at all times, but it does not promise uninterrupted access. Maintenance, a network fault or an event outside the control of the company may make the site unavailable for a period.

Where the site is unavailable, you may still contact the practice by email at info@seaalliance.lol or by telephone on +13866393989. The company will not treat a delay caused by a website outage as an acceptance of a late instruction, and it will confirm any urgent instruction in writing as soon as it can.

The company may change the content of the site, remove a page or add a new feature at any time. A change to the site does not alter the terms of an engagement that is already in force.

14. Limitation of Liability

To the fullest extent permitted by law, the company will not be liable for indirect or consequential loss, for lost profit, for lost revenue or for a loss that was not reasonably foreseeable when the engagement began. This limitation applies to a claim in contract, in tort or under any other legal theory.

Where the law allows a cap on liability, the total liability of the company in connection with an engagement will not exceed the total fees paid by the client for the plan that gave rise to the claim. Where no fee has been paid, the total liability will not exceed the amount agreed in the written confirmation of the engagement.

Nothing in this section limits liability that cannot be limited by law, including liability for fraud, for wilful misconduct or for death or personal injury caused by negligence. The company does not exclude liability for a failure that a court or tribunal determines cannot lawfully be excluded.

15. Indemnity

The client will indemnify the company against a claim, loss or expense that arises from the client use of a plan outside the conditions and assumptions on which it was prepared, from information that the client supplied and that was false or incomplete, or from a breach by the client of its responsibilities in these terms.

The indemnity is limited to the extent that the loss is caused by the client and does not extend to a loss that the company caused or that the company could have avoided with reasonable care. The company will give the client prompt notice of a claim and will allow the client to participate in the defence where the law permits.

16. Termination and Suspension

Either party may end an engagement by giving written notice. Where the engagement is for a single plan, the notice takes effect when the plan has been delivered and the invoice has been settled. Where the engagement runs for a period, the notice period stated in the written confirmation applies, and if no period is stated a notice of thirty days applies.

The company may suspend or end an engagement immediately if the client fails to pay an undisputed invoice after a reminder, if the client asks the company to act unlawfully, or if continuing the work would place a person at risk. The company will explain the reason in writing unless the law prevents it.

On termination the client must pay for the work completed up to the date of termination and for any committed cost that cannot be avoided. The company will hand over the plans that have been completed and paid for. The sections on confidentiality, intellectual property, liability and governing law survive the end of the engagement.

17. Force Majeure

Neither party will be liable for a delay or a failure to perform that is caused by an event outside its reasonable control. Such events include a severe storm, a typhoon signal that closes a port, a flood, an epidemic, a strike, a failure of a public network or a decision of a public authority.

The party affected by the event will tell the other party promptly, will take reasonable steps to reduce the effect and will resume performance as soon as it can. If the event continues for a long period, either party may end the engagement by written notice and the client will pay for the work completed up to that point.

18. Governing Law and Disputes

These terms are governed by the laws of Hong Kong. The parties will first try to resolve a dispute through a written discussion between senior representatives, and each party will give the other a clear summary of its position and the outcome it seeks.

If the discussion does not resolve the dispute within thirty days, either party may refer the matter to mediation in Hong Kong. If mediation does not succeed, the dispute will be decided by the courts of Hong Kong, and each party submits to the jurisdiction of those courts.

Nothing in this section prevents a party from seeking urgent relief from a court where that is necessary to protect a right or to prevent a loss.

19. Changes to These Terms

The company may revise these terms from time to time to reflect a change in the services, the law or the way the practice works. The current version will always be published on this page with a new effective date.

A revision applies to an engagement that begins after the new date. An engagement that is already in force continues under the terms that applied when it began, unless the parties agree in writing to adopt the revised terms.

Where a revision is material, the company will take reasonable steps to bring it to the attention of clients with an active engagement. Continuing to use the site after a revision is published means that you accept the revised terms for any future use.

20. Miscellaneous

These terms, together with the written confirmation of an engagement and any separate service agreement, form the entire agreement between the parties on the subject. A statement made before the agreement takes effect does not add to it unless it is repeated in the written confirmation.

If a provision of these terms is found to be invalid or unenforceable, the remaining provisions continue in force and the invalid provision will be replaced by a valid provision that comes closest to its intended effect.

A failure by the company to enforce a provision on one occasion does not waive the right to enforce it later. A waiver must be given in writing to be effective.

The client may not transfer its rights or duties under an engagement without the written consent of the company. The company may transfer its rights and duties to a successor organisation that continues the practice, provided the successor accepts the obligations in these terms.

21. Contact Details

If you have a question about these terms, please write to us using the details below. We aim to reply to every message within two working days.

Kiwi Design and Engineering Limited
Rm H 8/F King Win Fty Bldg, 65-67 King Yip St, Kwun Tong, Hong Kong - 999077, Hong Kong (HK)

Email: info@seaalliance.lol
Telephone: +13866393989

Business hours: Monday to Friday, 09:00 to 18:00 Hong Kong time.

These terms were last updated on 1 January 2026 and apply to the website at https://www.seaalliance.lol and to the convoy planning services delivered by Kiwi Design and Engineering Limited under the Sea Alliance practice.

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