Accession Agreement (Public Offer) on the Provision of Services
Individual Proprietor Maryna Oleksandrivna Aleksandrenko (IP Aleksandrenko M.O.) (hereafter referred to as the Contractor), acting based on an extract from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations (Record Number: 20650000000039719, Taxpayer Identification Number (TIN): 3343114182), on the one hand, offers an unspecified circle of persons (hereafter referred to as the Author or Authors), on the other hand, hereafter collectively referred to as the Parties, to enter into the Agreement on the provision of services (hereafter referred to as the Agreement) on the terms set forth below. This document is the Contractor’s proposal to conclude an Agreement by accepting the Public Offer in the manner established by this Agreement, which regulates the procedure for providing publishing services for review and publication of scientific materials (hereafter referred to as the Article or Book) in journals published by IP Aleksandrenko M.O. (hereafter referred to as Journals) and obligations arising between the Contractor and the Author (or Authors).
1. General Provisions
1.1. This Agreement is an accession agreement and, following Art. 634 of the Civil Code of Ukraine, its conditions are established by the Contractor.
1.2. The possibility of using Journal materials by third parties is governed by the Creative Commons Attribution 4.0 International License CC-BY, which allows third parties to distribute the Article with recognition of its authorship and first publication in the Journals. Detailed information on this license can be found at the following link: https://creativecommons.org/licenses/by/4.0/.
2. Definition of Terms
An Author (or Authors) is a natural person who created the Article (or Articles) or the Book (or Books) with his (or her) intellectual and creative work.
Acceptance of the Offer means complete and unconditional acceptance of the terms specified in Section 3 of this Agreement. Acceptance of this Offer is equivalent to concluding a contract by the norms of the Civil Code of Ukraine and means that the Author (or Authors) agrees to all the terms of service provision. The Author (or Authors) accepts the Offer by sending the Article or Book for publication to the Editorial Office.
The Author’s affiliation is the institution where the Author works: city, zip-code, country, e-mail address. It is used in international databases as a critical factor for determining the Journal’s rating and as a publications activity indicator of scientific institutions where scientists conduct their research.
Contractor: Individual Proprietor Maryna Oleksandrivna Aleksadrenko.
Publisher: Individual Proprietor Maryna Oleksandrivna Aleksadrenko.
An offer is a formal offer by the Contractor to enter into this Agreement, indicating all the necessary conditions.
Services are the preparation of scientific material for publishing and the publication of an Article or Book provided by the Author (or Authors) to the Editorial Board in the Journals of IP Aleksandrenko M.O., namely: verification of the submitted texts by the Editorial Board staff, review of the texts by independent scientific experts who are specialists in the issues of materials submitted for publication, checking the materials of the Articles or Books for originality, carrying out technical editing, preparing the layout, publishing the Articles or Books online.
The Editorial Board is the Editorial Staff of the Publisher’s Journals.
Retraction is the withdrawal of the Article’s text from publication and notification to the Author (or Authors) that the text contains serious flaws or erroneous data that cannot be trusted.
The Contractor’s website is amopublisher.com.
An article is the product of fundamental and applied scientific research presented by the Author (or Authors) as scientific material for publication in the Publisher’s Journals.
A book is the product of fundamental and applied scientific research presented by the Author (or Authors) as scientific material for publication as an electronic book.
3. Subject of the Agreement (Offer)
3.1. By providing the Contractor with an Article or Book, the Author (or Authors) implicitly agrees with the terms of this Agreement.
3.2. Under this Agreement, the Author (or Authors), on a cost-free basis for the copyright term stipulated by the Ukrainian legislation, grants the Contractor and third parties independently engaged by the Contractor to provide certain services, a non-exclusive right, by the legislation of Ukraine and this Agreement’s provisions, to use the Author’s (or Authors’) Article for publication in the Journals and on their website. The Author (or Authors) warrants that he owns the exclusive copyright to the Article or Book.
3.3. The rights to use the Articles or Books transferred under this Agreement include, but are not limited to:
– reproduction (publication, disclosure, duplication, replication, as well as the implementation of any other reproduction) of the Article or Book or its particular part in any material form without restrictions, including paper and electronic media in the form of a separate work in scientific publications or Contractor’s or other persons’ databases, at the discretion of the Contractor;
– reviewing, editing, shortening, reworking or finalizing the text of the Article or Book or images on electronic, paper or any other media, subject to the approval of the changes made with the Author (or Authors);
– distribution and communication to the public, processing and systematization of the Article or Book or its separate part in English on any medium as part of the Contractor’s or other persons’ scientific publications or databases, at the discretion of the Contractor, or in the form of an independent work throughout the world;
– making the Article or Book or its separate part public in such a way that any person can access the Article or Book from any place and at any time of their choice (including via the Internet);
– placement of materials and metadata of the Articles or Books in scientific databases and information systems at the discretion of the Contractor;
– assignment of a digital object identifier (DOI) to the Article or Book;
– assignment of an international ISBN number to the Book;
– assignment of the UDC number to the Book;
– other rights, not directly transferred to the Contractor under this Agreement, are retained by the Author.
– reproduction (publication, disclosure, duplication, replication, as well as the implementation of any other reproduction) of the Article or Book or its particular part in any material form without restrictions, including paper and electronic media in the form of a separate work in scientific publications or Contractor’s or other persons’ databases, at the discretion of the Contractor;
– reviewing, editing, shortening, reworking or finalizing the text of the Article or Book or images on electronic, paper or any other media, subject to the approval of the changes made with the Author (or Authors);
– distribution and communication to the public, processing and systematization of the Article or Book or its separate part in English on any medium as part of the Contractor’s or other persons’ scientific publications or databases, at the discretion of the Contractor, or in the form of an independent work throughout the world;
– making the Article or Book or its separate part public in such a way that any person can access the Article or Book from any place and at any time of their choice (including via the Internet);
– placement of materials and metadata of the Articles or Books in scientific databases and information systems at the discretion of the Contractor;
– assignment of a digital object identifier (DOI) to the Article or Book;
– assignment of an international ISBN number to the Book;
– assignment of the UDC number to the Book;
– other rights, not directly transferred to the Contractor under this Agreement, are retained by the Author.
3.4. The territory in which the rights to the Article or Book may be used is not limited.
3.5. This Agreement comes into effect from the moment the Article or Book is sent to the Editorial Board.
3.6. The rights are transferred by the Author (or Authors) to the Contractor free of charge, and the publication of the Article or Book does not entail any financial benefits to the Author (or Authors).
3.7. If the Contractor refuses to publish the Article or Book, this Agreement becomes invalid. The decision to refuse publication will be sent to the Author (or Authors) at the e-mail address specified in the Article or Book.
3.8. The Contractor undertakes to provide the Author (or Authors) with services related to the publication of the Article or Book during the term of the Agreement.
3.9. The Editorial Board provides the Author (or Authors) with a range of services for preparation for publication and direct publishing of the Article or Book in electronic form.
4. Terms of Service
4.1. The Contractor provides services to the Author (or Authors) only upon fulfillment of the following conditions:
– The Author (or Authors) provided scientific materials (an Article or Book) that meet the Offer’s requirements;
– The Author (or Authors) has accepted the Offer.
– The Author (or Authors) provided scientific materials (an Article or Book) that meet the Offer’s requirements;
– The Author (or Authors) has accepted the Offer.
4.2. The services are provided to the Author (or Authors) on the terms specified on the Contractor’s website.
4.3. In the event that the Author (or Authors) provided the Article or Book in violation of the rules and requirements of this Offer, the Contractor has the right to return it to the Author (or Authors) for follow-up revision.
4.4. During the term of the Agreement, the Contractor bears no responsibility for any unauthorized use of the Author’s (or Authors’) data by third parties.
5. Rights and Obligations of the Author (or Authors)
5.1. The Author (or Authors) warrants that:
– he is the valid right holder of the exclusive rights to the Article or Book;
– the Article or Book was not and will not be sent for publication in journals of other publishers;
– the Article or Book contains all references to cited authors and (or) editions (materials) provided for by current copyright legislation;
– the Author (or Authors) has obtained all necessary permissions for the results, facts and other borrowed materials used in the Article or Book, for which the Author (or Authors) is not the copyright holder;
– the Author (or Authors) has informed the other Co-Authors about the terms of this Agreement and obtained the consent of all Co-Authors to conclude this Agreement on the terms stipulated herein.
– he is the valid right holder of the exclusive rights to the Article or Book;
– the Article or Book was not and will not be sent for publication in journals of other publishers;
– the Article or Book contains all references to cited authors and (or) editions (materials) provided for by current copyright legislation;
– the Author (or Authors) has obtained all necessary permissions for the results, facts and other borrowed materials used in the Article or Book, for which the Author (or Authors) is not the copyright holder;
– the Author (or Authors) has informed the other Co-Authors about the terms of this Agreement and obtained the consent of all Co-Authors to conclude this Agreement on the terms stipulated herein.
5.2. The Author (or Authors) undertakes:
– to submit the Article or Book to the Contractor in accordance with the Requirements for the design of articles of scientific publications published on the Contractor’s website;
– not to use a copy of the Article or Book prepared by the Contractor in other printed or electronic publications in English or other languages without the Contractor’s consent;
– to comply with this Agreement and the provisions of the Publication Ethics posted on the Contractor’s website.
– to submit the Article or Book to the Contractor in accordance with the Requirements for the design of articles of scientific publications published on the Contractor’s website;
– not to use a copy of the Article or Book prepared by the Contractor in other printed or electronic publications in English or other languages without the Contractor’s consent;
– to comply with this Agreement and the provisions of the Publication Ethics posted on the Contractor’s website.
5.3. The Author (or Authors) has the right:
– to use the materials of the Article or Book in any way not prohibited by the legislation of Ukraine and this Agreement;
– to receive from the Contractor reliable information necessary for finalizing the Article or Book;
– when quoting or referring to one’s own Article or Book, to demand to indicate one’s authorship by correctly specifying the name of the Author (or Authors);
– to oppose any twisting, distortion, changes to the Article or Book if such actions may harm the credit and reputation of the Author (or Authors).
– to use the materials of the Article or Book in any way not prohibited by the legislation of Ukraine and this Agreement;
– to receive from the Contractor reliable information necessary for finalizing the Article or Book;
– when quoting or referring to one’s own Article or Book, to demand to indicate one’s authorship by correctly specifying the name of the Author (or Authors);
– to oppose any twisting, distortion, changes to the Article or Book if such actions may harm the credit and reputation of the Author (or Authors).
5.4. In all cases not stipulated and not provided for in this Agreement, the Author (or Authors) is obliged to be guided by the current legislation of Ukraine.
6. Rights and Obligations of the Contractor
6.1. The Contractor undertakes:
– to ensure the review of the Article or Book provided by the Author (or Authors) following the requirements published on the Contractor’s website in the relevant section;
– to agree with the Author (or Authors) on the corrections made to the Article or Book in written and verbal forms;
– To publish the Author’s (or Authors’) Article in the appropriate Publisher’s Journal in accordance with the terms of this Agreement, provided that the Author (or Authors) complies with the Article formatting requirements and Publication Ethics, and that he has received favorable results from the scientific review and the Editorial Board’s determination of the Article’s publishing potential;
– to observe the rights of the Author (or Authors) provided for by the current legislation, as well as to protect them and take all necessary measures to prevent infringement of copyright by third parties.
– to ensure the review of the Article or Book provided by the Author (or Authors) following the requirements published on the Contractor’s website in the relevant section;
– to agree with the Author (or Authors) on the corrections made to the Article or Book in written and verbal forms;
– To publish the Author’s (or Authors’) Article in the appropriate Publisher’s Journal in accordance with the terms of this Agreement, provided that the Author (or Authors) complies with the Article formatting requirements and Publication Ethics, and that he has received favorable results from the scientific review and the Editorial Board’s determination of the Article’s publishing potential;
– to observe the rights of the Author (or Authors) provided for by the current legislation, as well as to protect them and take all necessary measures to prevent infringement of copyright by third parties.
6.2. The Contractor has the right:
– to carry out technical and literary editing of the Article or Book without changing its main content;
– to examine the Article or Book and suggest the Author to make the necessary changes;
– to reproduce the Article or Book (publish, publicize, duplicate, replicate, and carry out any other reproduction) without restriction;
– to use the Articles’ or Books’ metadata through dissemination and disclosure, processing and systematization, as well as inclusion in various databases and information systems;
– to establish the rules (conditions) for the Articles’ or Books’ acceptance and publication. The Journals’ Editorial Board has the exclusive right to select or reject materials sent to the Journals’ Editorial Office for their publication;
– to store and process the personal data of the Author (or Authors), without time limit, in various databases and information systems, include them in analytical and statistical reports, as well as reasonably link them to works of science, literature, art, et cetera. Such personal data include:
- full name
- academic degree
- academic status
- ORCID international scientist identifier
- affiliation
- contact phone numbers;
– to temporarily stop providing services to the Author (or Authors) under the Agreement due to technical, technological or other reasons that prevent the provision of services until such reasons are eliminated;
– to suspend the provision of services under the Agreement in a unilateral out-of-court procedure in the following cases:
- a) if the Article does not correspond to the Journals’ subject matter, or the presented Article or Book is insufficient for independent publication, or the design of the Article or Book does not meet the set requirements;
- b) if the Author (or Authors) has violated other obligations accepted by him according to this Offer;
– to make changes to the Offer in the order established by the Offer.
6.3. In all cases not specified and not provided for in this Agreement, the Contractor is obliged to act in accordance with the current legislation of Ukraine.
7. Acceptance of the Offer and Conclusion of the Agreement
7.1. This Agreement enters into force upon its conclusion when the Author (or Authors) has accepted the Offer by sending the Article or Book to the Publisher’s e-mail address (info@amopublisher.com) and paying for the Contractor’s services. Upon acceptance, it is considered that the Author (or Authors) has familiarized himself with and agreed to this Offer and, under the current legislation of Ukraine, enters into contractual relations with the Contractor on the terms specified herein.
7.2. Acceptance of the Offer by the Author (or Authors) initiates the Agreement concluded between the Parties on the terms of the Offer (Article 642 of the Civil Code of Ukraine).
7.3. The Agreement enters into force upon the Offer’s Acceptance by the Author (or Authors) and stays in effect without limitation as to the validity period or until termination of the Agreement.
8. The Procedure for Changing and Terminating the Agreement
8.1. The Contractor has the right to unilaterally change the terms of this Agreement by posting its amended text on the Contractor’s website. Changes enter into force after the text of the Agreement has been posted on the Contractor’s website.
8.2. Should the Author (or Authors) disagree with changes to the provisions of this Agreement, the Author (or Authors) has the right to send the Contractor a notice of withdrawal from this Agreement. In the absence of a written notification from the Author (or Authors) within ten working days upon posting the revised Agreement on the Contractor’s website, the changes are deemed accepted by the Author (or Authors), and the Agreement continues to be valid amended.
8.3. This Agreement may be terminated before its term ends:
– by agreement of the Parties at any time;
– for other reasons stipulated by this Agreement and the legislation of Ukraine.
– by agreement of the Parties at any time;
– for other reasons stipulated by this Agreement and the legislation of Ukraine.
8.4. Refusal to fulfill the Offer agreement after the Contractor publicates the Article or Book on the Journal’s website is impossible.
8.5. Termination of the Agreement for any reason does not release the Parties from responsibility for any violations of the Agreement’s provisions that occurred during its validity period.
9. Responsibilities of the Parties
9.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations under the Agreement in accordance with the current legislation of Ukraine.
9.2. All information provided by the Author (or Authors) must be authentic. The Author (or Authors) is responsible for the adequacy and completeness of the data provided to the Contractor. When using inaccurate information received from the Author (or Authors), the Contractor bears no responsibility for any deleterious consequences caused by his actions based on the provided invalid data.
9.3. The Author (or Authors) is responsible for the accuracy of the facts, quotes, calculations, conclusions, official documentation and the scientific validity of the work presented in the Article or Book. The Author (or Authors) is responsible to third parties who have declared their rights to the Article or Book.
9.4. The Contractor bears no responsibility under the Agreement for:
– any actions that are a direct or indirect result of the actions of the Author (or Authors);
– any damages to the Author (or Authors), regardless of whether the Contractor could have foreseen the possibility of such damages or not.
– any actions that are a direct or indirect result of the actions of the Author (or Authors);
– any damages to the Author (or Authors), regardless of whether the Contractor could have foreseen the possibility of such damages or not.
9.5. The Parties are released from responsibility for breach of the Agreement if such breach is caused by force majeure, including actions of state authorities (with the adoption of legal acts), fire, flood, earthquake, other natural disasters, blackouts and (or) computer network failures, strikes, civil unrest, riots, military operations, any other circumstances.
9.6. The Author (or Authors) guarantees that the text of the Article or Book does not contain technical or software modifications aimed at the incorrect operation of text analysis systems detecting borrowings (artificial overestimation of the authenticity rate by technical or software means). Should the Editorial Board identify such modifications, the Article or Book sent by the Author (or Authors) shall not be published, and the Contractor’s services shall be deemed to have been performed in full. Should any modifications be detected after the publication of the Article or Book, it shall be immediately removed from publication, of which all parties in interest shall be notified.
9.7. The Publisher may unilaterally retract published Articles that violate Publication Ethics. In this case, the Publisher’s services are considered to have been performed in full.
9.8. If the Author (or Authors) of the Article hid the fact of its publication in any other editorship before its submission to the Editorial Board, and this fact is confirmed, the Article shall not be published. The Author (or Authors) shall be notified of this in writing, and the Agreement becomes invalid.
10. Settlement of Disputes
10.1. The Parties shall resolve any disputes or disagreements through negotiations. In case of failure to reach an agreement, the Parties shall act in accordance with the current legislation of Ukraine.
10.2. In the event of unresolved disagreements between the Parties, the disputes shall be resolved in the court at the location of the Contractor in accordance with the current legislation of Ukraine.
11. Other Provisions
11.1. Any messages, requests, et cetera (except documents that must be sent in originals under the legislation of Ukraine) are considered received by the Author (Authors) if they were sent (directed) by the Contractor through the Journal’s website (including by publication), e-mail specified when submitting the Article or through other communication channels. The parties recognize the legal force of messages, requests, etcetera, sent (directed) in the specified ways.
11.2. In the event of raising claims to the Contractor as to the violation of exclusive copyright and other intellectual property rights of third parties when creating an Article or Book or in connection with the conclusion of this Agreement by the Author (or Authors), the Author (or Authors) undertakes:
– immediately after receiving a notice from the Contractor, to take steps towards settlement of disputes with third parties, and, if necessary, enter into legal proceedings on the Contractor’s side and take all actions dependent on him to exclude the Contractor from the number of defendants;
– to compensate the Contractor for incurred legal costs and damages caused by the application of measures to secure a claim and enforce a court decision, and amounts paid to a third party for violation of exclusive copyright and other intellectual property rights, as well as other damages incurred by the Contractor in connection with the failure of the Author (or Authors) to comply with guarantees, provided by them under this Agreement.
– immediately after receiving a notice from the Contractor, to take steps towards settlement of disputes with third parties, and, if necessary, enter into legal proceedings on the Contractor’s side and take all actions dependent on him to exclude the Contractor from the number of defendants;
– to compensate the Contractor for incurred legal costs and damages caused by the application of measures to secure a claim and enforce a court decision, and amounts paid to a third party for violation of exclusive copyright and other intellectual property rights, as well as other damages incurred by the Contractor in connection with the failure of the Author (or Authors) to comply with guarantees, provided by them under this Agreement.
11.3. According to Art. 6. of the Law of Ukraine “On the Protection of Personal Data”, in the period from the moment of concluding this Agreement and until the termination of the obligations of the Parties under this Agreement, the Author (or Authors) expresses his consent to the processing by the Contractor of the following Author’s personal data:
- name, surname
- academic degree
- academic status
- ORCID
- affiliation
- contact phone numbers
- Email address.
11.4. The Contractor has the right to process the specified personal data to perform this Agreement, including providing information and reference services to the Author (or Authors). The processing of personal data means any action or activities such as collection, registration, accumulation, storage, adaptation, change, renewal, use and distribution (realization, transfer), depersonalization, and destruction of personal data, including using information (automated) systems.
11.5. The Author (or Authors) has the right to withdraw consent to the processing of personal data by sending a proper notification to the Contractor in the cases provided for by the legislation of Ukraine. Upon receipt of the specified notice, the Contractor has the right to terminate the provision of services.
The date of the last changes is August 18, 2023.