Contract Offer between the publisher and the author
Directorate of Academic Publishing House Researcher represented by general director А.А. Cherkasov on the one hand (hereinafter referred to as “the Publisher”), offers to an indefinite circle of persons (hereinafter referred to as “the Author”), on the other hand, hereinafter jointly referred to as the Parties, to conclude this agreement (hereinafter – the Agreement) on the publication of copyright materials in the scientific journal of the Academic Publishing House Researcher on the following terms.
1. General Provisions
1.1. This Agreement defines the relationship between the Publisher and the Author (or other copyright holder) who has accepted a public offer to conclude this Agreement.
1.2. This Agreement is a public offer, the full and unconditional acceptance of which is considered the sending of the Author's Copyrighted materials to the Publisher.
1.3. Academic Publishing House Researcher publishes scientific journal "European Researcher. Series A".
1.4. The ability to use the journal's materials by third parties is regulated by the Creative Commons “Attribution” 4.0 International License.
1.5. Terms used in the contact.
Author – an individual (group of authors), whose work created the Author's material.
Author's material – a work of scientific, scientific, practical, methodological material submitted by the Author for publication in a journal.
Offer – this Agreement (proposal to the Author for the publication of copyright material).
Acceptance of the Offer – full and unconditional acceptance of the Offer.
Journal – scientific journal of the publishing house (Academic Publishing House Researcher).
Publication – placement of the Author's material in the Journal.
Article – published Author's material.
Editorial staff – a team that prepares and publishes the Journal.
Guidelines for authors – terms of publication and rules for formatting articles, placed in Appendix 1 to this agreement.
Service – placement (publication) of the Author's material in the journal based on the Application of the Author.
2. Subject of the contract
2.1. The Author grants the Publisher free of charge for the duration of the copyright provided for by the applied law a non-exclusive right to use the Author's material created by the Author for publication in one of the Publisher’s journals and guarantees that he has exclusive copyright to the Author's material.
2.2. The rights to use the Copyright material transferred under this Agreement include, but are not limited to:
• reproduction of the Copyright material in any material form, including on paper and electronic mediums, in the Journal and/or databases of the Publisher and/or third parties at the discretion of the Publisher, in accordance with the agreements concluded by the Publisher;
• distribution of the Author's material in the Journal and/or the databases of the Publisher and/or third parties at the discretion of the Publisher;
• making the Author's material available to the public in such a way that any person can access the Authors material from anywhere and at any time of their choice (including via the Internet).
2.3. Other rights not expressly granted to the Publisher under this Agreement, including patent rights to any processes, methods, etc. described by the Author in the Copyright material, as well as trademark rights are reserved by the Author and other copyright holders.
2.4. The territory in which the use of the rights to copyright material is allowed is not limited.
2.5. The validity of this Agreement arises from the moment the Author sends the Author's material to the Journal.
2.6. The rights are transferred by the Author to the Publisher free of charge, and the publication of the Author's material in the Journal does not entail any financial contributions to the Author, unless otherwise provided by an additional agreement between the Author and the Publisher.
2.7. If the Publisher decides not to publish the Author's material in the Journal, this Agreement shall cease to be in force. The decision to refuse publication is sent to the Author at the email address indicated in the Application.
2.8. Publisher agrees during the term of the Contract to provide with services related to the publication of Copyright material in the Journal: verification of submitted materials by the editorial staff, reviewing the scientific work of members of the expert committee of the Editorial – doctors and candidates of sciences, technical and scientific editing, preparation of layout, publication.
3. Terms of service
3.1. The author provides Copyright materials that satisfy the requirements of the Offer and are designed in accordance with the Guide for authors placed in Appendix 2 to this agreement.
3.2. The Author carries out the Acceptance (full and unconditional acceptance) of the Offer.
4. The rights and obligations of the parties
4.1. The author guarantees that
• is the actual copyright holder of exclusive rights to the copyrighted material;
• The author's material was not and will not be sent for publication or other reproduction to third-party editions before publication in the Journal;
• if the Authors material was written together with the co-authors or the translation of the Authors material was made together with the co-authors, the Author guarantees that he has informed them about the terms of this Agreement;
• The copyright material provided under this Agreement does not violate the rights of third parties. It contains all references to cited authors and/or publications (materials) provided for by current copyright law;
• The author obtained all the necessary permissions for the results, facts and other borrowed materials used in the Author's material, the copyright holder of which the Author is not;
• The copyright material does not contain materials that are not subject to publication in the open press in accordance with the legislative acts, and its publication and distribution will not lead to the disclosure of secret (confidential) information (including state secrets).
4.2. The author undertakes:
• provide the Author's material, drawn up in accordance with the Guide for authors, placed in Appendix 1 to this agreement and the terms of this Agreement;
• inform other co-authors regarding the terms of this Agreement;
• not to use for commercial purposes and in other publications without the consent of the Publisher an electronic or other copy of the Copyright material prepared by the Publisher.
• comply with the following ethical principles:
- The author (or group of authors) assumes initial responsibility for the novelty and accuracy of the data provided in the Author's material;
- If elements of the Author's material were previously published, the Author is obliged to refer to such a publication and indicate the significant difference between the new Author's material and the previously published;
- borrowed fragments or statements must be drawn up with the obligatory indication of the source. Excessive borrowing, plagiarism in any form (unformed quotes, paraphrases or assignment of rights to the results of other people's studies) are unacceptable;
- co-authors of the Author's material should indicate all persons who have made a significant contribution to the preparation and writing of the Author's materials.
- if the Author finds material errors or inaccuracies in the Author's material at the stage of consideration or after publication, he must immediately notify the Publisher.
4.3. The author has the right to:
- use the Author's material in any way not prohibited by law and this Agreement;
- use the Author's material in the preparation of other scientific and methodological materials when making the appropriate link to the Journal.
- The author has the right to apply for a review article in the following cases: the publication of the article in another journal without notifying the author; if the author did not consent to the publication of an article co-authored; it was found, not seen before, the coincidence of the results of studies by other authors; errors were detected in the study and the resulting findings; incorrectly stated information about the author (e.g., place of work or position).
4.4. Publisher agrees:
• provided that the Author complies with the requirements contained in the Guide for Authors placed in Appendix 1 to this agreement, receiving positive results of a scientific examination and the decision of the Editorial Board on the possibility of publication, to publish the Author's material in the Journal in accordance with the terms of this Agreement;
• comply with the rights of the Author provided for by applied law, as well as protect them and take all necessary measures to prevent copyright infringement by third parties.
4.5. The publisher has the right to:
• carry out technical and literary editing of the Copyright material, without changing its main content;
• conduct a scientific expertise and review of the received Copyright material and, if necessary, recommend to the Author the completion of the Copyright material;
• establish rules (terms) for the acceptance and publication of materials in the Journal. The publisher owns the exclusive rights of selection and/or rejection of the Copyright materials sent for the purpose of publication. The publisher does not enter into correspondence with the authors on the rejection of the Copyright materials.
• reject the publication of the Copyright material, or return it for revision if it does not meet the requirements of the Publisher. No one has the right to oblige the Editorial Office (Publisher) to publish the Author's material rejected by it, unless otherwise provided by law;
• The publisher has the right to decide to revoke the published work in case of: obtaining evidence of the inaccuracy of the information presented in the Authors material, regardless of whether it is a bona fide delusion or a deliberate violation; availability of earlier duplicate publications; confirmation of plagiarism; concealment of a conflict of interest that may affect the interpretation of data; incorrectly specified information about the authors, without which it is impossible to correctly index the article in the databases; in case of confirmation of ethical violations.
• The publisher has the right, at its discretion, to conclude contracts and agreements with third parties without any agreement with the Author;
• Unilaterally amend the terms of this Agreement and adjust its provisions by publishing notifications of changes on the Publisher’s website.
4.6. In all cases not stipulated or provided for in this Agreement, the Parties are obliged to follow the applied law.
5. The procedure for concluding the Agreement, changing its terms and termination
5.1. This Agreement is posted on the Publisher’s website and is an offer (public offer) of the Publisher to an indefinite number of persons (Authors) about the conclusion of this Agreement with full and unconditional acceptance of its terms (acceptance) by the Author (Authors).
5.2. The Contract comes into force from the moment of the Acceptance of the Offer by the Author and is valid without time limit or until the termination of the Contract.
5.3. The conclusion of the Agreement by the Author, that is, the complete and unconditional acceptance (acceptance) by the Author of the terms of the Agreement, is the transfer of the Copyright material and all necessary supporting documents to the Publisher.
5.4. Refusal to fulfill the contract of the Offer after the Publisher accepts the Author's material for publication in the journal is impossible.
5.5. All changes made by the Publisher in this Agreement shall come into force in 10 (ten) business days after such changes are made and published on the Publisher's website. If the Author does not agree with the changes in terms of this Agreement, the Author has the right to send the Publisher a written notice of withdrawal from this Agreement before the relevant changes take effect. In the absence of written notification from the Author before the entry into force of the changes to the Agreement, the changes are considered accepted by the Author, and the Agreement continues to be valid as amended.
5.6. This Agreement may be terminated ahead of schedule:
• by agreement of the Parties at any time;
• on the initiative of one of the Parties in violation of the terms of the Agreement;
• for other reasons provided by this Agreement.
6. Responsibility of the parties
6.1. For failure to perform or improper performance of their obligations under this Agreement, the Parties are liable in accordance with the applied law.
6.2. All information provided by the Author must be complete and reliable. When using inaccurate information received from the Author, the Publisher is not responsible for the negative consequences caused by the actions of the Author based on the submitted inaccurate information.
6.3. The author is solely responsible for compliance with the requirements of the legislation on advertising, protection of copyright and related rights, protection of trademarks and service marks, and protection of consumer rights. In case of claims against the Publisher related to the violation of exclusive copyright and other intellectual property rights of third parties, the Author undertakes: 1) immediately after receiving information about the violation of the rights of third parties, to take measures resolving disputes with third parties; 2) to compensate the losses to the Publisher incurred by the Publisher in connection with the author's failure to comply with the guarantees provided to him under this Agreement.
6.4. The Publisher does not assume any responsibility under the Agreement for: 1) any actions that are a direct or indirect result of the actions of the Author; 2) any losses of the Author, regardless of whether the Publisher could foresee the possibility of such losses or not; 3) unauthorized use of data provided by the Author to third parties.
6.5. The Parties are relieved of liability for violation of the terms of this Agreement if such violation is caused by force majeure circumstances (force majeure), including: actions of state authorities (including the adoption of legal acts), fire, flood, earthquake, other natural disasters, absence electricity and/or computer network malfunctions, strikes, civil unrest, riots, any other circumstances that may affect the performance by the Parties to the Agreement.
7. Dispute Resolution Procedure
7.1. Disputes and disagreements will be resolved by the Parties through negotiations, and in case of failure to reach agreement – in accordance with the applied law.
7.2. In the presence of unresolved disagreements of the Parties, disputes shall be resolved in court at the location of the Publisher in accordance with the applied law.
8. Other terms
8.1. Any notifications, messages, requests, etc. (with the exception of documents that must be sent in the form of original documents in accordance with the law) are considered as received by the Author if they were transmitted (sent) by the Publisher via the Journal's website (including by publishing), by e-mail specified in the Application, and through other communication channels. The parties acknowledge the legal force of notifications, messages, requests, etc., transferred (directed) in the specified ways.
8.2. If the Author is an individual, then during the period from the moment of sending the Author's material to the Publisher and until the termination of the Parties' obligations under this Agreement, the Author agrees to the processing of personal data: last name, first name, patronymic, postal address with an index, contact phone numbers, e-mail addresses, information about places of work, etc. Personal data processing refers to actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (updating, modification), use, distribution (including transfer to third parties, in accordance with paragraph 4.5), depersonalization (for reviewing), blocking and destruction of personal data.
8.3. The author has the right to withdraw consent to the processing of personal data by sending a corresponding notification to the Publisher in cases stipulated by law. Upon receipt of this notification, the Publisher has the right to suspend the provision of services.
See the section “For Authors”.