eJournalPlus is a Swedish brand for scholarly journals, based in Stockholm, Sweden (the “Provider”). Our aim is to provide scholarly journals with an efficient and easy to use peer review system for optimizing the publication process.
The following terms and conditions govern all use of the eJournalPlus Website (“the Website”) and eJournalPlus services (collectively, the “Services”). Please read these Terms of Service (the “Terms”) carefully as they govern your (“user(s),” “you” or “your”) access to and use of our websites (the “Site”) or our services that link to or reference these Terms, and contain important information about your legal rights, remedies and obligations. By accessing or using the Site and the Services, you agree to be bound by the terms and conditions below (“Terms and Conditions”). These Terms and Conditions expressly incorporate by reference and include the Site’s Privacy Policy and any guidelines, rules or disclaimers that may be posted and updated on specific webpages or on notices that are sent to you.
Scope of Services
The Service executed by the provider under this agreement is set forth as follows:
1. Website design and development for journals
2. Advanced web-based editorial system
3. Training and supporting eJournalPlus users
4. Advance publishing services such as typesettings, cover design, Full text XML, copy editing and proofreading for extra cost
5. Similarity and plagiarism check by iThenticate integration
6. DOI integration to Crossref
7. Transferring current and archive content from journal website or XML to the new system
8. Online workshops on the best practice of scholarly journal publishing
9. Status report of journals
10. Collecting processing fees
11. Payment gateway integration
The provider will exercise its best efforts to provide the services in a professional and diligent manner, on the schedule upon agreement.
Your Account and Registration Obligations
If You use the Platform, You are responsible for all activities that occur under your account. You agree that if You provide any untrue, inaccurate, not current or incomplete information, We have reasonable grounds to suspect that such information with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.
Since your mobile number and / or email address is your primary identifier when using the platform and website, it is your responsibility to ensure that this information is up to date at all times. You also agree to update them if they change.
If you share your account login information with others, they will be able to access all of your information or even modify or delete it. Therefore, you agree that you are solely responsible for all the activities undertaken under Your Account, and any consequences therefrom on the Website or Platform.
Use of the Platform
For the software services, the client will not
a) upload or distribute of any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service,
b) modify, disassemble, decompile or reverse engineer the Service,
c) probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service,
d) take any action that imposes an unreasonably or disproportionately large load on the sites, servers, or networks connected to the Service,
e) copy or reproduce the Service,
f) access or use any other clients’ or their users’ data through the Service,
g) maliciously reduce or impair the accessibility of the Service,
h) use the service to post, upload, publish, promote, or transmit any unlawful, harassing, libelous, abusive, threatening, harmful, hateful, or otherwise objectionable material, or anything that violates privacy or proprietary rights,
i) use the service to send unsolicited bulk e-mail, “junk mail”, “spam” or chain letters, or
j) transmit or post any material that encourages conduct that could constitute a criminal offense or give rise to civil liability.
In addition to any other rights afforded to the provider under the agreement, the provider reserves the right to remove or disable access to any material that violates the foregoing restrictions. The provider shall have no liability to the client in the event that the provider takes such action. The client agrees to defend and indemnify the provider against any claim arising out of a violation of the client’s obligations under this section.
Export Compliance
Export laws and regulations of Sweden and any other relevant local export laws and regulations apply to the services. The client agrees that such export control laws govern the use of the services (including technical data) and any services deliverables provided under the agreement, and the client agrees to comply with all such export laws and regulations. The client agrees that no data, information, software programs and/or materials resulting from services (or direct product thereof) will be exported, directly or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation, or development of missile technology.
Ownership
The client will retain all ownership and intellectual property rights in and to the client’s data and information. The provider will retain all ownership in and to the Services, including all software programs, documentation, modifications, improvements, upgrades, derivative works, and all other Intellectual Property rights in connection with the Service, including the provider’s name, logos. And trademarks reproduced through the Service.
The client will have the right to use provider’s intellectual property in accordance with the following license terms:
– The client may use the provider’s Intellectual Property solely in connection with the services, for the purpose for which those products were originally purchased.
– The client may not transfer, sell, rent, lease, assign, distribute, disclose, or otherwise dispose of any provider’s Proprietary Items and services without the prior written consent of the provider.
– This license gives no title or ownership rights in the provider’s Intellectual Property or related intellectual property to the client.
– If software source code is delivered to the client under this license, the client agrees to keep the source code strictly confidential. If software object code is delivered, the client will not copy or modify the software or subject the software to any process intended to create computer source code from the provider’s Intellectual Property.
– The client agrees to retain or reproduce on all copies of any provider’s Intellectual Property all copyright notices and other proprietary legends and all trademarks or service marks of the provider.
– The client will have no rights to assign or sell the license granted herein to others.
Contents Posted on Platform
We have not reviewed, and cannot review, all of the material, including computer code, made available through the websites and webpages to which eJournalPlus links, and that link to eJournalPlus. eJournalPlus does not have any control over those non-eJournalPlus websites and webpages, and is not responsible for their contents or their use. By linking to a eJournalPlus website or webpage, eJournalPlus does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. eJournalPlus disclaims any responsibility for any harm resulting from your use of non-eJournalPlus websites and webpages.
As eJournalPlus asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by eJournalPlus violates your copyright, you are encouraged to notify eJournalPlus. eJournalPlus will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. eJournalPlus will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of eJournalPlus or others.
Fees
The client shall pay the provider a subscription fee (the “Subscription Fee”) per year for the Service provided under this agreement.
Crossref pricing:The annual cost of Crossref membership is separate from the Subscription Fee and the client shall pay directly to Crossrf.
iThenticate pricing: The iThenticate annual fee is separate from the Subscription Fee and the client shall pay directly to Crossref.
Payment
1 The client shall pay the Subscription Fee to the provider on the due date in each year, in immediately available funds, and to the account the provider lists immediately through email.
2 Taxes
Payment amounts under this agreement do not include Taxes, and the client shall pay all Taxes applicable to payments between the parties under this agreement.
3 Late Payments
Any amount not paid when due will bear interest from the due date until paid at a rate equal to 1% per month (12.68% annually) or the maximum allowed by Law, whichever is less.
Refund Policy
Our subscription plan is either monthly or annually. If you are not 100% satisfied with your purchase, you may contact us to stop your subscription. In any case, the subscription is valid until the last day of your current subscription and there is no possibility to refund you based on the remaining period of your subscription. The client is responsible to download and to retrieve any data that wishes to keep, in the case of cancelling the subscription.
Indemnification
1 Mutual Indemnification
Each party (as an indemnifying party) shall indemnify the other (as an indemnified party) against all losses arising out of any proceeding brought by either a third party or an indemnified party, and arising out of the indemnifying party’s willful misconduct or gross negligence.
2 Indemnification by the provider
a) Indemnification for Infringement Claims. The provider (as an indemnifying party) shall indemnify the client (as an indemnified party) against all losses and expenses arising out of any proceeding brought by a third-party, and arising out of a claim that the Services infringe the third party’s Intellectual Property rights.
b) Qualifications for Indemnification. The provider will be required to indemnify the client only if The client’s use of the Services complies with this agreement and all documentation related to the Services, the infringement was not caused by the client modifying or altering the Services or documentation related to the Services, unless the provider consented to the modification or alteration in writing, and the infringement was not caused by the client combining the Services with products not supplied by the provider, unless the provider consented to the combination in writing.
3 Notice and Failure to Notify
a) Notice Requirement. Before bringing a claim for indemnification, the indemnified party shall notify the indemnifying party of the indemnifiable proceeding, and deliver to the indemnifying party all legal pleadings and other documents reasonably necessary to indemnify or defend the indemnifiable proceeding.
b) Failure to Notify. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party’s failure.
Limitation of Liability
1 Mutual Limit on Liability
Neither party shall be liable for any indirect, incidental, special, punitive, or consequential damages, or any loss of revenue or profits (excluding fees under the agreement), data, or data use.
2 Maximum Liability
The provider’s maximum liability for any damages arising out of or related to the Services, shall in no event exceed, in the aggregate, the total amounts actually paid to the provider for the Services that is the subject of the claim in the 12-month period immediately preceding the event giving rise to such claim.
Third-Party Services
The services may enable the client to add links to websites and access to content, products and services of third parties, including users, advertisers, affiliates and sponsors of such third parties. The provider is not responsible for any third-party websites or third-party content provided on or through the services and the client bears all risks associated with the access and use of such websites and third party content, products and services.
Entire Agreement
The parties intend that this agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this agreement and refer to this agreement,
a) represent the final expression of the parties’ intent relating to the subject matter of this agreement,
b) contain all the terms the parties agreed to relating to the subject matter, and
c) replace all of the parties’ previous discussions, understandings, and agreements relating to the subject matter of this agreement. If any term of the agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of the agreement.
The agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed by authorized representatives of both parties.
Termination
1 Termination on Notice
Either party may terminate this agreement for any reason by giving 15 business days’ notice to the
another party.
2 Termination for Material Breach
Each party may terminate this agreement with immediate effect by delivering notice of the termination to the other party, if the other party fails to perform, has made or makes any inaccuracy in, or otherwise materially breaches, any of its obligations, covenants, or representations, and the failure, inaccuracy, or breach continues for a period of 30 days’ after the injured party delivers notice to the breaching party reasonably detailing the breach.
3 Termination for Failure to Pay
The provider may terminate this agreement with immediate effect by delivering notice of the termination to the client if the client fails to pay the Subscription Fee on time three times over any 12-month period.
4 Effect of Termination
a) Refund Amounts.The provider will keep the Subscription Fee for the remainder of the term but shall refund any prepaid Crossref or iThenticate fees in case it has not yet passed to the third party.
b) Pay Outstanding Amounts. The client shall immediately pay to the provider all amounts outstanding as of the date of, and any amounts outstanding as a result of, termination.
c) Discontinuance of Use.The client shall cease all use of the Service upon the effective date of the termination.
d) Recovery of Data.The client will have 30 days from the date of termination to retrieve any of data that the client wishes to keep.
Governing Law
a) This Agreement shall be governed and construed in accordance with the laws of Sweden.
b) In the event of a dispute arising between the Parties, the Parties shall endeavor to settle such dispute amicably. If Parties fail to do so, the dispute shall be brought before the competent courts of Sweden.