eJournalPlus – Comprehensive Journal Management System

Terms of Service

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.