LLC “Nowa Perspektywa”, hereinafter referred to as “Contractor”, represented by the Executive Director D.O. Dufnik, on the one part, enters into the present agreement with any person, hereinafter referred to as the “Customer”, on the other part. This agreement is an agreement for provision of services related to the work publication and posting of the Work metadata, provision of non-exclusive rights to use the Work and is made by acceptance of the public offer in accordance with the procedure established by this agreement, governing the provision of these services and obligations arising between the Contractor and the Customer. The text of this agreement is posted on the Internet at http://eesa-journal.com/ru/.
1. TERMS AND DEFINITIONS USED HEREIN
1.1. Work is the textual material (article, review etc.), sent by the Customer (Customers if there are several authors (right holders)) to the Contractor for publication.
1.2. Work publication is the Work publication in the Edition.
1.3. Offer is a formal proposal of the Contractor to enter into this contract, indicating all terms and conditions required to this effect.
1.4. Offer acceptance is a full and unconditional acceptance of the Offer by implementation of actions listed in the Agreement. The acceptance of this Offer means that the Buyer agrees to all terms and conditions of services. The acceptance is tantamount to agreement in accordance with the provisions of the Civil Code of the Russian Federation.
1.5. Edition is an electronic or printed edition of the magazine.
1.6. Application is an electronic request of the Customer (Customers) to the Contractor on Work publication in the Edition by sending of the Work and personal data of the Customer (Customers) in “Create Publication” section at the Contractor’s website at http://eesa-journal.com/ru/, or by sending the Work and personal data of the Customer (Customers) to e-mail of the relevant magazine issue.
1.7. Work Metadata are: 1*. Title of the article;
2*. Public information about the authors, including, but not limited to, name, first name of the author(s), place of each author’s work, contact details (email address) for each author;
* to be provided in Russian and English.
2. SCOPE OF THE OFFER
2.1. The Contractor shall provide the Customer with services related on Work publication in the Edition, as well as posting of the metadata in scientific indexing databases of the Russian Federation and Europe, and the Customer shall pay for the services on the terms and conditions stipulated hereby.
2.2. Pursuant to the present agreement, the Customer (author) shall provide the Contractor with a non-exclusive right to use the Work and ensure that it has an exclusive copyright in the Work.
2.3. The territory where the rights to Work can be exercised is unlimited.
3. PARTIES’ RIGHTS AND OBLIGATIONS
3.1. The Contractor shall:
3.1.1. Publish the Work in the Edition within 30 days after the deadline for acceptance of materials, indicated at http://eesa-journal.com/ru/ in the corresponding magazine section. If the magazine was not issued for the reasons beyond the Contractor’s control, the Work shall be published in the next issue of the magazine.
3.1.2. Post the metadata in the Russian Scientific Citation Index (RSCI) within 70 days after the deadline for acceptance of materials indicated at http://eesa-journal.com/ru/ in the relevant magazine section. If the magazine was not issued for the reasons beyond the Contractor’s control, the Work metadata shall be posted within 70 days after the deadline for acceptance of materials for the next issue of the relevant magazine.
3.1.3. Mail the Edition to the Customer within 30 days from the publication.
3.1.4. Observe the relevant statutory rights of the Customer (author), protect them and take all steps required to prevent the copyright infringement by the third parties.
3.2. The Contractor shall be entitled to:
3.2.1. Reproduce the Work (publish, publicize, duplicate, replicate, and otherwise reproduce the Work) without limitation as to the number of copies, subject to inclusion of the Work author’s name into each copy.
3.2.2. Use the Work metadata through the distribution and communication to the public, processing and systematization, as well as inclusion in various databases and information systems.
3.2.3. Assign under the contract the rights received hereunder or a part thereof without a royalty to the Customer.
3.2.4. Store and process the following personal data of the Customer without time limits:
– full name;
– mailing address, email address, phone number;
– education details;
– information on the place of work and position;
The personal data shall be provided for storage and processing in a variety of databases and information systems, their inclusion in the analytical and statistical reporting, creation of reasonable relationships between the works of science, literature and art with personal data, etc. The Contractor shall be entitled to transfer the said data to the third parties for processing and storage. The consent to the transfer of personal data to third parties (except for the transfer of personal data required to post the Work metadata in RSCI) shall be withdrawn by the Customer by service of a relevant notice in writing to the Contractor.
3.2.5. Send letters to the Customer’s e-mail indicated in the Request and send SMS messages to his mobile phone number specified in the Request, with information regarding his order and/or providing information on events held by the Contractor.
3.3. The Customer shall:
3.3.1. Submit the Work to the Contractor in electronic version in Word format before the deadline for acceptance of materials indicated at http://eesa-journal.com/ru/ in the relevant magazine section.
3.3.2. Pay for the Work publication in the Edition and delivery of the collection(s) in accordance with the price list available at http://eesa-journal.com/ru/ in the relevant magazine section and on the basis of the invoice. The fee for transfer of funds shall be charged to the Customer. The payment shall be made before the deadline for acceptance of materials indicated at http://eesa-journal.com/ru/ in the relevant magazine section.
4. OFFER ACCEPTANCE AND AGREEMENT CONCLUSION
4.1. The Customer shall Accept the Offer by registering the Work for submission and clicking “Send a Request” on the website at http://eesa-journal.com/ru/ in the relevant magazine section or by sending the Work and personal data of the Customer (Customers) to the e-mail address of the relevant magazine.
5. OFFER VALIDITY AND AMENDMENT
5.1. The Offer shall become effective from the date of this Agreement publication on the Internet at http://eesa-journal.com/ru/ and shall be valid until withdrawn by the Contractor.
6. AGREEMENT VALIDITY AND AMENDMENT
6.1. This Agreement shall enter into force upon Offer Acceptance by the Customer(s) and shall be valid until the parties perform their obligations;
6.2. The Contractor acknowledges and agrees that the amendments to the Offer shall entail the amendment of Agreement concluded and valid between the Contractor and the Customer (author), and amendments to the Agreement shall enter into force simultaneously with such amendments to the Offer.
6.3. In the case of Offer withdrawal by the Contractor during the term of the Agreement, the Agreement shall be deemed terminated from the date of Offer withdrawal. The services paid by the Customer at the time of Offer withdrawal shall be provided in full.
7. AGREEMENT TERMINATION
7.1. The Agreement can be terminated earlier:
7.1.1. By mutual consent of the Parties at any time.
7.1.2. On other grounds provided for hereby.
7.2. The Agreement termination for any reason shall not relieve the Parties from liability for Agreement breach, which occurred during its term.
8. PARTIES’ LIABILITY
8.1. The Customer and the Contractor shall bear the property and other legal responsibility for any failure to perform their obligations hereunder in accordance with applicable laws of the Russian Federation.
8.2. The Party which failed to perform or improperly performed its obligations hereunder shall compensate the damages incurred by the other Party, including the lost profits.
9. FINAL PROVISIONS
9.1. The complaint pre-trial settlement of disputes, which may arise out of the present Agreement or in relation hereto, shall be binding on the Parties.
9.2. The complaint letters shall be sent to the Contractor by email to firstname.lastname@example.org, and to the Customer to the email address indicated in the Request.
9.3. The term of the complaint letter consideration shall be 10 business days after its receipt by the recipient.
9.4. The disputes, which may arise out of the present Agreement or in relation hereto, shall be settled in court in accordance with the laws.
9.5. This Agreement shall enter into force from the date of the offer acceptance at the Contractor’s website.
9.6. In all aspects not provided for herein, the Parties shall be governed by the applicable laws of the Russian Federation.