Terms & Conditions

Effective Date: 30/07/2025

1. Introduction

These Terms and Conditions (“Terms”) apply to the OrcaMet website and any services delivered by OrcaMet (“we”, “us”). By using our site or services you agree to these Terms.

2. Definitions

“Deliverables” means written forecasts, videos, briefings, data files, graphics and reports we supply. “Client” means the contracting organisation or person. “Services” means forecasting, consultancy and related work described in a proposal, email, or order.

3. Scope of Services & Safety

Forecasts involve uncertainty. Deliverables are guidance to support—not replace—your operational judgement. They are not “official” navigation forecasts or warnings. You remain responsible for complying with laws, race rules (including any “outside assistance” restrictions), and for using official sources (e.g., HM Coastguard, Met Office) where required.

4. Data Sources & Accuracy

We use numerical weather prediction (NWP) models, third-party APIs, observations and expert analysis. Availability and accuracy may vary. We may change sources without notice to maintain service quality. No forecast can be guaranteed.

5. Client Responsibilities

Provide accurate briefs, site details, time windows, and use-cases; notify us of safety-critical operations; promptly review Deliverables and raise issues. Decisions and actions taken on the basis of Deliverables are your responsibility.

6. Intellectual Property & Licence

All IP in Deliverables remains with OrcaMet or its licensors. We grant the Client a non-exclusive, non-transferable licence to use Deliverables internally for the agreed purpose. Redistribution, publication, reselling, or white-labelling requires prior written permission or a separate licence. You must not remove our notices.

7. Third-Party Terms

Deliverables may incorporate third-party data (e.g., model providers, APIs). You agree to comply with any applicable third-party terms and attribution requirements. If a provider limits access, changes terms, or experiences outages, we are not liable for resultant impacts.

8. Confidentiality & Publicity

We will keep your non-public information confidential and use it only to deliver Services. You permit us to list your organisation’s name/logo as a client and describe engagements in general terms; we will not disclose sensitive details without consent.

9. Data Protection (GDPR/UK GDPR)

For business contact details we are an independent controller. Where we process personal data on your documented instructions, we act as a processor and will implement appropriate technical and organisational measures, use sub-processors with equivalent protections, and assist with data subject rights where proportionate. We retain personal data only as necessary for the purposes described or legal obligations. A Data Processing Addendum is available on request.

10. Service Availability

Services are provided on a commercially reasonable basis. There may be maintenance windows or interruptions, especially where third-party systems are involved. Time-critical deliverables should be scheduled with appropriate lead time.

11. Fees, Invoicing & VAT

Fees are as agreed in writing (proposal, email or order). Prices are exclusive of VAT unless stated otherwise. Invoices are due within 14 days unless agreed otherwise.

12. Late Payment

We may charge statutory interest and recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 (currently 8% above the Bank of England base rate) on overdue sums. We may suspend Services for non-payment.

13. Cancellations & Changes

Written cancellations received <48 hours before the scheduled work may incur up to 100% of the day rate; 48–120 hours may incur up to 50%. Work already performed, bespoke preparation, travel and committed costs are chargeable. Material changes to scope/timings may be treated as a change request and re-quoted.

14. Deliverables, Formats & Records

Unless agreed, Deliverables are provided in commonly used formats (PDF/MP4/CSV/PNG). We may record calls/briefings for quality and note-taking—please tell us if you do not consent; we will pause recording.

15. Acceptable Use

No unlawful use, no mass scraping, no automated redistribution, no use in systems where failure could lead to death, personal injury or environmental damage without written risk acceptance.

16. Indemnity

You will indemnify us against losses arising from your misuse of Deliverables, breach of third-party data terms, or unlawful redistribution.

17. Limitations of Liability

To the fullest extent permitted by law: (a) we exclude indirect or consequential loss, loss of profit, revenue, data, or business; and (b) our total aggregate liability arising out of or in connection with the Services is limited to the total fees paid by you in the 12 months preceding the claim. Nothing excludes or limits liability for fraud, fraudulent misrepresentation, or death/personal injury caused by negligence.

18. Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including but not limited to outages of model providers/APIs, extreme weather, strikes, or network failures.

19. Subcontracting & Assignment

We may use qualified subcontractors and remain responsible for their work. You may not assign your rights or obligations without our consent, not to be unreasonably withheld.

20. Term, Suspension & Termination

Either party may terminate for material breach not remedied within 14 days of notice. We may suspend Services for non-payment or legal compliance reasons. Clauses intended to survive termination will do so.

21. Dispute Resolution

The parties will first attempt to resolve disputes in good faith at senior level. If unresolved within 30 days, either party may propose mediation via the Centre for Effective Dispute Resolution (CEDR) before issuing proceedings.

22. Changes to these Terms

We may update these Terms. Material changes will be notified to current clients. Continued use after the effective date constitutes acceptance.

23. Governing Law

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.

24. Contact

Email: steve@orcamet.co.uk
Phone: +44 7999 821099

25. Versioning

Version: 1.1 — 30/07/2025