Public offer (Author’s agreement) on materials publication
Edition from 01.01.2015
Limited liability company “Ecological Help”, (here in after called Publishing House) suggests to uncertain group of people to sign the present contract for publication of articles in the on-line periodic journal “The State counsellor” (ISSN 2308-9369) concerning which the Publishing house is the Founder, (here in after called – the Contract) on the below-specified conditions:
- The Concepts used in the Contract:
- The Article – the written report, which describes results of scientific research.
- The author – the individual (the individuals), who has created the article by his (their) creative activity.
- The Edition – The on-line periodic journal “The State counsellor” (https://statecounsellor.wordpress.com/).
- The Publishing House – LLC “Ecological Help”, is the founder and the publisher of the Edition.
- The customer – the Author who sent the Demand to Publishing house for publication the Article in the Edition and paid the placement.
- The demand – the electronic issue of the Customer to Publishing house regarding publication the Article in the Edition by sending Article to the e-mail address:email@example.com
- Service – article publication in the Edition on the basis of the author’s demand.
- The offer – the present document published on the site:https://statecounsellor.wordpress.com/
- Accept of the Offer – full and unconditional adoption of the Offer by implementation of the actions specified in item 6.1. of this Offers. The acceptance of this Offer makes the Author’s contract concluded in an oral form.
- Subject of the Offer
2.1 According to the present Contract Author provides to Publishing house non-exclusive rights for using the Article.
2.2 The author guarantees that he has exclusive copyrights for the article.
2.3 The author guarantees that Article has not been given to anybody on a contract for reproduction and other use.
2.4 The Area, where rights for article can be used, isn’t limited.
2.5 The author agrees for processing and placement his personal information on the sites:
Scientific electronic library (e-library.ru), in a database of the Russian Index of Scientific Citing (RISC), Social network Mendeley.com, Systems of the academic resources ResearchBib, Internet sites: vk.com, twirpx.com, rutraker.org, mirknig.com, docme.ru. academia.edu
2.6 The Author provide rights for publication to Publishing house on a gratis basis and the publication of Article in the Edition entails no author`s royalties.
2.7 In case when Publishing house makes the decision to reject the article publication in Edition, the present contract becomes invalid.
2.8 The publishing house undertakes to render a service to author, connected with the publication on the Edition site https://statecounsellor.wordpress.com/, during period of validity of the Contract.
- Obligations and duties
3.1. The customer is obliged:
3.1.1 To create the Demand for article publication in Journal according to the requirements specified on the page of the Edition: https://statecounsellor.wordpress.com/add/
3.1.2 To provide to Publishing house the contact information or requisites (in case the Customer is the legal entity or the business owner) for sending the invoice for payment.
3.1.3 To make payment in a size and an order defined in calculation or specified in the invoice. The amount of payment is defined on the basis of the service price published on the website of the Edition https://statecounsellor.wordpress.com/add/
3.2 The customer has the right to direct a claim to Publishing house concerning the quality of the rendered Service during 95 (ninety five) calendar days from the moment of sending Article in case when the article was accepted by Publishing house and was paid by customer.
3.3 The Publishing House is obliged:
3.3.1 In case of providing paid services to send Author by e-mail the invoice for payment.
3.3.2 After receiving the payment to place author’s Article in the next journal Edition or in chosen by Customer edition in coordination with publishing house.
3.3.3 To provide the Author (Co-authors) the web link to Article after its publication on condition of granting e-mail addresses by the Author (Co-authors).
3.3.4 At own expense to provide reviewing of Article, scientific, literary, art and technical editing, processing of illustrative material, production of the electronic original model, reproduction and distribution of Article in an electronic form according to the time table of a release of the collection.
3.3.5 At the expense of own means to correct the defects of Service quality specified in the Customer’s claim.
3.4 The publishing house has the right:
3.4.1. To carry out the technical editing of Article which doesn’t change its basic provisions or to carry out reviewing of Article and suggest the Customer or article’s Author to make necessary changes before which this Article won’t be published on the website of Edition https://statecounsellor.wordpress.com/
3.4.2. To reject the Article publishing in case when it doesn’t answer the purpose, tasks and subject of the Edition. In a case of rejection of the materials, which have been directed to the publishing house with the purpose of their publication, publishing house doesn’t enter into a correspondence with the Author (Co-authors) concerning a rejection of Article and doesn’t send the review.
- Payment and procedure of payments
4.1 Payment is carried out by the Customer as an advance payment in 100% (Hundred percent) by transfer of a necessary sum of money to the settlement account of Publishing house on the basis of the invoice.
4.2 Publishing of Article is carried out on the basis of confirmation by the Customer of payment (the copy of the receipt, the check or the payment order of cash coming on the settlement account of Publishing house).
- General conditions of rendering services
5.1 The publishing house renders Services to the Author only when the following conditions are observed:
5.1.1 The author provided the Materials meet to requirements of the Offer
5.1.2 The author carried out the Acceptance of the Offer.
5.2 The publishing house doesn’t bear responsibility for unauthorized use of the materials, provided by the Author, by third parties during the period of validity of the Contract.
6 Acceptance of the offer and conclusion of the contract
6.1 The author makes the Acceptance of the Offer by sending the Demand to Publishing house and by payment of the invoice.
7 Validity period and change of offer conditions
7.1 The offer comes into force from the moment of publication by the address https://statecounsellor.wordpress.com/public-offer and works until recalling the Offer by Publishing house.
7.2 The publishing house has the right to make changes in conditions of the Offer or to recall the Offer at any time at discretion.
8 Validity period and change of the contract
8.1 The acceptance of the Offer by Author creates the Author’s contract signed in an oral form (article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
8.2 The contract comes into force from the moment of the Acceptance of the Offer by Author and is in force:
- a) Until execution by publishing house of obligations on rendering services
- b) Until cancellation of the Contract.
8.3 The publishing house agrees and accepts that making changes in the Offer involves entering of these changes into the Contract signed and existing between Publishing house and the Customer, and these changes in the Contract come into force along with such changes in the Offer.
8.4 In case of the Offer rejection by publishing house during period of validity of the Contract, the Contract is considered cancelled from the moment of a rejection.
- Cancellation of the contract
9.1. The contract can be repudiate ahead of schedule:
9.1.1. By agreement of the parties at any time.
9.1.2. On other bases provided by the present Offer.
9.2. The termination of validity period of the Contract on any basis doesn’t exempt the Parties from liability for the violations of the contract term which arose during the currency of the contract.
10.1. Parties Bear responsibility according to the current legislation of the Russian Federation for non-execution or inadequate execution of the obligations under the Contract
10.2. The author bears all responsibility for:
- a) Observance of legislation requirements, including legislation on advertising, on protection of copyright and related rights, on protection of trademarks and service marks, and customers law;
- b) Reliability of the information specified by author by the Acceptance.
10.3. The publishing house doesn’t bear any responsibility according to the Offer for:
- a) Any actions which are direct or indirect result of actions of the Author;
- b) Any losses of the Author regardless of, whether could, Publishing house expect possibility of such losses or not;
10.4. Without coming into collision with stated above, the Publishing house is exempted from responsibility for violation of contract terms if such violation is caused by action of force majeure circumstances , including: actions of public authorities (including passage of legal acts), the fire, a flood, an earthquake, other natural disasters, lack of the electric power and/or failures of network, a strike, civil disorders, , any other circumstances, without limiting listed circumstances which can influence on performance of the Contract by Publishing house.
- Other conditions
11.1. The contract, its conclusion and execution is regulated according to the current legislation of the Russian Federation. If dispute between the Author and Publishing house concerning the Contract does not resolved by negotiations of the Parties, it have to be consider in the order provided by the current legislation on location of Publishing house.
11.2. Without coming in a collision with Offer conditions, the Author and Publishing house have the right to assign the Contract for rendering Services in the form of the written bilateral document at any time.