15 March 2021
LLC "Publishing house "Sreda" (hereinafter - the Publisher) offers to an indefinite number of persons (hereinafter - the Author) to enter into this Contract (hereinafter - the Contract) on the publication of scientific, educational, instructional materials (hereinafter - the Article) in the Publisher's publications under the following conditions.
The present Contract, in accordance with clauses 2 of Art. 437 of the Civil Code of the Russian Federation is a public offer, complete and unconditional acceptance of which, in accordance with Art. 438 of the Civil Code of the Russian Federation is considered the sending of the Author's materials by filling the form "Online Submissions" at one of the Publisher's sites: https://phsreda.com, https://journaledu.com, https://journalec.com
1. Subject of the Contract
1.1. The Author from the coming into force of this Contract provides the Publisher non-exclusive licence to use the Article he created.
1.2. In accordance with p. 2 of Article 1270 of the Civil Code of the Russian Federation and this Contract, the use of the Article is understood as:
- reproduction of Article or its parts in any material form, including paper and electronic media in the Publisher's issues and/or in databases of Publisher and/or other persons, at the option of the Publisher;
- distribution of Article or its parts as a part of the Publisher's issues and/or in databases of Publisher and/or other persons, at the option of the Publisher or in the form of independent piece of work worldwide;
- bringing the Article to the public so that anyone can access the Article from any place and at any time according to their choice (making available to the public, including via Internet);
- sublicense (to grant permission to use the Article and its particular materials) the rights obtained under this Contract to third parties, with the notification of the Authors about it, by posting the relevant information on the Publisher's website.
1.3. Granting of rights under this Contract shall include the right to process the form of Article submission for its use in conjunction with computer programs and systems (databases), publication and dissemination in machine-readable format and incorporation into retrieval system (database).
1.4. The Publiser in case of acceptance for publication by the Editorial Board publishes the Article of the Author in the Publisher's issue. In case of the decision to refuse the Author's Article for publication this Contract becomes null and void. The Publisher shall notify the Author about such decision on the condition the Author (authors) gave the Editorial office contact email address.
1.5. The Author guarantees that he has an exclusive copyright to the Article, and that the Article was not transferred to anyone under the contract for reproduction or other use.
1.6. The rights are transmitted by the Author to the Publisher for free and the publication does not entail any financial contributions to the Author.
1.7. The area on which the use of the rights to the Article is permitted is not limited.
1.8. The Publisher during the term of the Contract undertakes to provide the Author services related to the publication of an Article on the Publisher's site https://phsreda.com, https://journaledu.com, https://journalec.com
2. General Terms for Provision of Services
2.1. The Publisher provides the services to the Author only under the following conditions:
- the Author has provided materials that meet the requirements of the Offer;
- the Author has carried out acceptance of the Offer.
2.2. In case the materials provided by the Author violate the rules and requirements of this Offer, the Publisher has the right to refuse to publish them.
2.3. The Publisher during the term of the Contract shall not be liable for unauthorized use of data provided by the Author by the third parties.
2.4. Publication of Articles is carried out in accordance with the license Creative Commons «Attribution» 4.0 International.
3. Rights and obligations of the Parties
3.1. The Author (Co-authors) guarantee(s) that:
- the data in the form "Online Submissions" on the Publisher's website is filled in correctly, including the metadata of the Article, the personal data of the Author (Co-authors) and the order of Co-authors;
- informed the other Co-Authors about the terms of this Contract and received the consent of all Co-Authors to conclude this Contract on the terms provided for in the Contract;
- the Article is an original work submitted for consideration only to the Publisher, and the Author (Co-authors) has not published the Article previously in other printed and / or electronic issues, except for the publication of the preprint (manuscript) of The Article;
- the Article contains all the references to cited authors and/or publications (materials) stipulated by relevant copyright regulation that the Author (co-authors) have obtained all the necessary permissions for the results used in the paper, the facts and other borrowed materials, the copyright of which doesn't belong to the Author (authors);
- the Article does not contain any materials that are not subject to publication in the open access in accordance with current legislative acts of the Russian Federation and its publication and distribution will not lead to the disclosure of secret (confidential) information (including state secrets).
3.2. The Author (Co-authors) retains the copyright to the work and grants the Publisher the right to publish the work for the first time.
3.3. The Author (Co-authors) undertakes:
3.3.1. To submit a manuscript of the Article in accordance with publication requirements for authors, accessible on the Publisher's website.
3.3.2. While preparing the Article for publication:
- to make corrections in the text of Articles offered by reviewers and accepted by the Editorial Board and / or, if necessary, on demand of the Publisher to modify the Article;
- to make only the minimum changes while the Article correction that is associated with the need to fix the errors committed in the original version of the Article and / or making factual and conjunctural changes.
3.3.3. Not to use an electronic copy of the Article prepared by the Publisher for commercial purposes and in other editions without the consent of the Publisher, in case of its transmittal to the Author.
3.4. Authors (co-authors) have the right:
- to use a printed or electronic preprint of the unpublished manuscript of the Article in the form and content accepted by the Publisher for publication in the Publisher's issues. Such preprints may be placed as electronic files on the Author's (Co-Authors') website or on a secure external website of the Author's (Co-Authors') employer.), but not for commercial sales or systematic external distribution by a third party. In this case, the Author (Co-authors) must: 1) include the following warning in the preprint: "This is a preprint of an Article accepted for publication in the issue of Publishing House "Sreda", copyright (year)"; 2) provide an electronic link to the Publisher's website with the URL https://phsreda.com;
- to photocopy or transfer freely to colleagues a copy of the Article in whole or its part for their personal or professional use, for the promotion of academic or scientific research or for the purposes of the employer's information;
- to use materials from the Published Article written in the Author's (co-authored) book;
- to use separate illustrations or tables and text fragments from the Article in their own training purposes or for their inclusion in another job (with reference to its original publication in the Publisher's issue), or for presentation in an electronic format on the internal (protected) network or an external Web site of the Author (co-authors) or his employer;
- include materials of the Article in educational digests for classroom use; for free distribution of materials to students of the Author (co-authors) or to keep the materials in electronic format on the local server for access of students as a part of the course, as well as for internal training programs in the employer's institution.
3.5. The Publisher undertakes:
- to publish the Authors' Article in the issue of the Publisher in accordance with the terms of this Contract.
3.6. The Publisher has the right:
- to provide technical editing of the Article without altering its fundamental provisions.
- to conduct assessment and propose to the Author to make necessary amendments in the Articles before the making of which the Article will not be placed in the issue.
- tо establish rules (conditions) for reception and publication of materials. Editorial Board has exclusive rights of selection and/or rejection the materials that are sent to the editor for their publication. Manuscript (material storage), sent by the Author (co-authors) is non-refundable.
- to suspend temporarily services rendering under the Contract according to technical, technological or other reasons obstructive rendering of services, at the time of such reasons elimination.
- to suspend the provision of services under the Contract in unilateral extrajudicial procedure in the following cases:
a) if the Article does not correspond to remit of the journal (or any part thereof), or the material presented is insufficient for independent publishing, or the Article formatting does not meet the requirements;
b) the Author violates other obligations undertaken in accordance with the Offer.
- Make changes in the Offer in accordance with procedure established by the Offer.
3.7. In all cases not covered and not stipulated by this Contract, the Parties are obliged to be guided by the current Russian legislation.
4. Acceptance of the Offer and the conclusion of the Contract
4.1. This Contract shall enter into force on the date of its conclusion, when the Author makes acceptance of the Offer by filling an online application at one of the Publisher's sites: https://phsreda.com, https://journaledu.com, https://journalec.com
4.2. Acceptance of the Offer by the Author creates a contract concluded orally (Article 438 of the Civil Code of the Russian Federation) on the terms of the Offer.
4.3. The Contract enters into force from the date of acceptance of the Offer by the Author and is valid:
а) until the Publisher fullfils his obligations on services provision;
б) till the moment of Contract termination.
5. The procedure for amendment and termination of the Contract
5.1. The publisher has the right to change the terms of this Contract unilaterally, in advance, no later than ten (10) calendar days prior to the entry into force of the amendments, notifying the Author through the Publisher's web server https://phsreda.com or by sending a notice by e-mail to specified by the Author in the application. The changes come into force from the date specified in the relevant notice.
5.2. In case of Author's disContract with the changes of the present Contract in accordance with paragraph 5.1. of the Contract the Author has the right to send to the Publisher a written notice of the present Contract cancellation until the entry into force of the amendments. In the absence of a written notice from the Author until the moment of the entry into force of the changes, the changes are considered to be accepted by the Author, and the Contract continues to act as amended.
5.3. The present Contract can be terminated pre-term
- under the Contract of the Parties in any time;
- under other terms stipulated by the Contract.
5.4. The Author has the right to withdraw unilaterally from the execution of this Contract by giving a notice in a written form to the Publisher not less than in fifteen (15) calendar days prior to the intended date of termination of the Contract.
5.5. Once paid, registration fees for publications are non-refundable. In this case, the Author has no claims against the Publisher and undertakes not to use the received electronic documents confirming the publication (certificate, certificate, etc.).
5.6. Termination of the Contract for any reason does not release the parties from liability for breach of the Contract arising during its term.
6.1. For non-performance or improper performance of obligations under this Contract the parties shall be liable in accordance with applicable Russian legislation.
6.2. All the information provided by the Author must be factual. The Author is responsible for the accuracy and completeness of the information transmitted to the Publisher. When using false information provided by the Author, the Publisher is not responsible for the negative consequences caused by the actions on the basis of false information provided.
6.3. The Author bears full responsibility for compliance with the requirements of advertising legislation, copyright and related rights, protection of trademarks and service marks, protection of consumer rights.
6.4. The Publisher shall not be liable under the Contract for:
a) any action being directly or indirectly a result of Author's actions;
b) published Articles content;
c) any losses of the Author, regardless of whether the Publisher could foresee the possibility of such damages or not.
6.5. Without prejudice to the above mentioned, the Publisher is being released from liability for breach of the Contract if such infringement is caused by the action of force majeure (force majeure), including: actions of public authorities (including the adoption of legal acts), fires, floods, earthquakes and other natural disasters, lack of electricity and / or malfunctions of computer network operation, strikes, civil unrests, riots, any other circumstances, without limitation of above stated which may affect the Publisher's performance of the Contract.
7. Disputes settlement procedure
7.1. Disputes and disContracts are to be resolved by means of negotiations, and in case of failure to reach the Contract - in accordance with applicable Russian legislation.
7.2. If there are any unresolved disContracts between the parties the disputes are settled in court at the Publisher's location in accordance with applicable Russian legislation.
8. Other terms and conditions
8.2. In the case of presentation to Publisher the requirements related to the infringement of exclusive copyright and other intellectual property rights of third parties while creation of the Articles, or in connection with the conclusion of the Author (authors) of this Contract, the Author undertakes:
- immediately after receipt of the Publisher's notification take measures to resolve disputes with third parties, if necessary, intervene in proceedings on the Publisher's side and take all steps in his power to avoid the Publisher from the number of defendants;
- indemnify the Publisher incurred legal fees, costs and damages caused by the use of the claim ensuring measures and enforcement of the judgment, and paid to a third party amount for the violation of the exclusive copyright and other intellectual property rights, as well as other losses incurred by the Publisher in connection with failure to comply with the Author (s) guarantees provided under this Contract.
8.3. If the Author is an individual, in accordance with Art. 6. of Federal Law "On Personal Data» № 152-FL from July 27, 2006, in the period from the date of this Contract and until the termination of the obligations of Parties under this Contract the Author expresses his consent to the processing of personal data by the Publisher of the following Author: surname, name and patronymic; address of residence; email; postal address; contact telephone numbers; fax numbers; information about the places of work.
8.4. The Publisher has the right to process these personal data for the purpose of the Contract execution, including the implementation of information service of the Author. Under the Personal Data processing the actions (operations) with personal data, including collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer to third parties), depersonalization, blocking and destruction of personal data are meant.
8.5. The Author has the right to withdraw consent for the processing of personal data by sending a notice to the Publisher in cases provided for by the legislation of the Russian Federation. Upon receipt of the notification the Publisher may suspend the provision of services.
Legal address and bank details of the Publisher
LLC "Publishing house "Sreda"
75 Grazhdanskaya St., office 12, Cheboksary, Chuvash Republic, Russia, 428000
Payee's bank: «Nizhny Novgorod» branch of JSC "Alfa-Bank" in Nizhny Novgorod.
correspondent account 30101810200000000824
settlement account 40702810229040001848