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Publication contract

 

PUBLICATION AGREEMENT

 

Warsaw                                                                               «___» ________ 20__

 

 

This Agreement (hereinafter Agreement) is a public contract of adhesion (according to Civil Code of Poland) is between you (hereinafter - Customer) and the limited liability company Consilium Sp. z o.o., represented by by Оleksandr MELNYCHENKO the President of limited liability company Consilium Sp. z o.o., as follows:

 

1. Definitions

 

1.1. Terms used in this Agreement are used in this sense according to the requirements of the Civil Code of Poland and the Law of Poland «On Copyright and Related Rights»:

1.1.1. The author(s) – individual (individuals) whose creative work (which) created work (document).

1.1.2. Customer - the author (s) of the work, which is served in the Edition for which the Editorial office approved the decision on publication in the Edition.

1.1.3. Work - scholarly article proposed by Licensor for publication in the Collection of scientific proceedings «European Cooperation»;

1.1.4. Edition - International Collection of scientific proceedings «European Cooperation» (ISSN: 2449-7320 (printed version), ISSN: 2449-8726 (electronic version)), or other document for distribution to the information contained therein, subject to editing and publishing processing obtained printing or embossing, printing independently designed, with the original data, which is issued by the limited liability company Consilium Sp. z o.o.

1.1.5. Parties - the Customer and the Contractor.

1.2. Other terms used in the Agreement shall be determined in accordance with the current legislation of Poland.

 

2. Subject of the contract

 

2.1. Client requests and Contractor undertakes to carry out the Customer editorial and publishing preparation works for publication in (hereinafter - services) and provide the Customer with one (1) copy of the publication in which his work was published. If the work is prepared by several authors, then each additional copy for co-authors should be payed in addition. 

3. Conclusion of contract

 

3.1. Acceptance of this Agreement is the fact that the transmission customer Contractor works for publication in e-mail or on electronic media directly in the editorial, or otherwise.

Since this transfer Customer deemed to have accepted the terms of this Agreement, and the Agreement shall be deemed concluded without signing in each case.

3.2. The date of the agreement in this case is the date of receipt by the Contractor Works.

3.3. Artist at the written request of the customer gives him a copy of this Agreement on paper certified by the seal.

3.4. The Contractor has the right to unilaterally amend the Agreement in the case of changes in the current legislation of Poland. These changes are not retroactive in effect and not subject to the obligations of the Contractor to perform any services previously paid by the Customer.

4. Cost of services under the contract and settlement

4.1. The cost of services is determined by the Contractor in accordance with their own «Terms publication» in Edition.

 

5. Obligations of the Parties

 

5.1. Contractor undertakes ordered by the Customer in accordance with the «Conditions of the publication» in the version in force at the time of entering into this Agreement and posted on the website Edition www.we.clmcounsulting.pl independently, efficiently and in a timely manner and not to delegate their execution to others without the consent of the customer.

5.2. Contractor agrees to provide postal delivery customer of one (1) copy of the publication in which his work was published. If the work is prepared by several authors, then each additional copy for co-authors should be payed in addition.

5.3. Customer undertakes make payment for services on the terms of this contract.

5.4. Customer agrees to provide the Contractor with the necessary documents and other information (if necessary), and provide an explanation, orally or in writing upon request of the Contractor to provide services under this Agreement.

5.5. Customer may discuss other than those specified in § 5.2 of this Agreement process for the preparation of one (1) copy of the publication in which his work was published.

5.6. Parties undertake to respect the confidentiality of the information received;

 

 

6. Terms of use and processing of personal data.

 

6.1. Acceptance of this Agreement by Customer in accordance with the Law of Poland «On Personal Data Protection» Contractor provides unequivocal unconditional consent (permission) to the processing of personal data in written and/or electronic form, to the extent provided in this Agreement, the documents relating to of the Treaty, with a view to ensuring the implementation of civil, economic, legal, administrative, fiscal relations and relations in the field of accounting, but also confirms that the received message on the inclusion of personal data in databases of personal data of the Contractor, and that notified their rights as the subject of the personal data that is defined by the Law of Poland «On Personal Data Protection» and the purpose of collecting these data and those whom the data transmitted.

6.2. The Parties undertake to ensure that the requirements of the Law of Poland «On Personal Data Protection», including the status of the protection of personal data against unlawful processing and lack of legal access to them, and ensure the rights of the data subject in accordance with the requirements of the Law of Poland «On Personal Data Protection».

7. Responsibilities of the parties of the Agreement

7.1. In the case of non-performance or improper performance of their obligations under this contract the guilty party is established by agreement or by court order, must compensate the other Party upon its request damages in full, if it is caused during or as a result of the conditions of this contract.

8. Force Majeure

8.1. The Parties shall not be liable for partial or complete default by the hereunder for a period of emergency, if such failure was the result of a fire, natural disasters, wars and so on. In this case, the term of the commitment under the Agreement is extended for the duration of such circumstances.

8.2. Party that is unable to meet its commitment due to extraordinary circumstances provided for in paragraph 8.1 of this Agreement shall notify the other Party within three working days of the occurrence of such circumstances. Failure to do so does not give any party to invoke further on the above circumstances.

8.3. The proof of force majeure is a document issued by the competent authority.

 

9. Settlement of Disputes

 

9.1. All disputes under this Agreement which are not regulated by the Parties themselves, referred to the Commercial Court.

 

10. Validity of the contract

 

10.1. Date of conclusion (acceptance) is determined in accordance with Section 2 of this Agreement.

10.2. The Agreement is concluded for an indefinite period.

10.3. This Agreement is published on the official website of the the Collection of scientific proceedings «European Cooperation» (www.we.clmcounsulting.pl) and legal relationships arising for them shall come into force from the date of publication in print.

 

11. Other conditions

 

11.1. If you change the location and/or details, the Party should notify the other Party of such a change in a period not exceeding 10 days from the date of such changes.

11.2. Any changes or additions to this Agreement shall apply, provided that they are made in writing and signed by the Parties.

11.3. On all matters not covered by this Agreement shall be governed by the laws of Poland.

11.4. Artist has the status of a payer of INCOME tax in accordance with the Tax Code and VAT on general grounds.

 

12. The address and details of the Contractor

 

CONSILIUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

NIP: 7010475027

REGON: 361140230

Piękna str. 20
00-549 Warszawa

Konto 63 1020 1097 0000 7202 0276 8497

Bank: PKO Bank Polski

Kod BIC (Swift): BPKOPLPW

Tel.: +48-720-744-884

President

of the limited liability company

Consilium Sp. z o.o.

 

Оleksandr MELNYCHENKO_______________

 

 

License contract

 

LICENSE AGREEMENT ACCESSION

 

Warsaw                                                                               «___» ________ 20__

 

This license Agreement (the Agreement) is a public contract of adhesion (according to Civil Code of Poland) is between you (hereinafter - the author (co-author), and since the creation and transmission of the article - Licensor (Licensors)) and the limited liability company Consilium Sp. z o.o., represented by Оleksandr MELNYCHENKO the President of limited liability company Consilium Sp. z o.o., as follows:

 

1. Definitions

 

1.1. Terms used in this Agreement are used in this sense according to the requirements of the Civil Code of Poland and the Law of Poland «On Copyright and Related Rights»:

1.1.1. The author(s) - individual (individuals) who’s creative work (which) created work (document)

1.1.2. Licensor - author (s) that is (are) the exclusive copyrights to the works;

1.1.3. Work - scholarly article proposed by Licensor for publication in the Collection of scientific proceedings «European Cooperation»;

1.1.4. Edition – International Collection of scientific proceedings «European Cooperation» (ISSN: 2449-7320 (printed version), ISSN: 2449-8726 (electronic version)), or other document for distribution to the information contained therein, subject to editing and publishing processing obtained printing or embossing, printing independently designed, with the original data, which is issued by the limited liability company Consilium Sp. z o.o..

1.1.5. Non-exclusive license - a license that does not preclude the use of Licensor Works and issuance of licenses to others to use the Work;

1.1.6. The hand - Licensee and Licensor.

1.2. Other terms used in the Agreement shall be determined in accordance with the current legislation of Poland.

 

2. Subject of the Agreement

 

2.1. Under this Agreement the Licensor grants to Licensee a non-exclusive license to the Work on the Licensor in the contract limits.

2.2. By submitting an article to the Licensee (hereinafter - the work) Author (Licensor) thereby agrees to the terms of this Agreement.

In the case when the work was written jointly with colleagues, then directing a product of the licensee, each co-author assumes the terms of this agreement.

2.3. Along with the works of the author (Licensor) Licensee sends metadata (information about the author(s) of the article and its abstract part) placed in series in paper original language and in English and a certificate of the author (s) according to information posted on the website of Collection of scientific proceedings «European Cooperation» (www.we.clmcounsulting.pl)

2.4. Under this Agreement, Licensee acquires the right to use the work as follows:

- Reproduction of the work in its original language (translated) on paper in Collection of scientific proceedings «European Cooperation»;

- Publication of a work / publish the / in the original language (translated) in the Collection of scientific proceedings «European Cooperation» in an unlimited number of copies in both hard copy and in electronic version on the web-sites of Licensee and electronically: on magnetic media, optical drives (CD, DVD, etc.), flash drives and any other tangible media and in any form, computer readable;

- Providing public access to works in such a way that any unlimited number of users can have access to the work from any place and at any time of their own choice;

- Inclusion of works or parts of the database, collections, anthologies, encyclopedias, electronic publications and other projects produced by Licensee, either alone or with others;

- Distribute copies of the work in its original language (translated) consisting of a Collection of scientific proceedings «European Cooperation» in an unlimited number of copies; through sale or other known methods.

- The Work of other print and electronic publications Licensee as part to magazines, books, monographs, etc., in all media, existing or to be created in the future, as well as providing sublicense or permit third parties to use works for the whole term of the copyright rights of the entry into force of this Agreement.

 

3. Procedure contract

 

3.1. This Agreement is a treaty of accession in accordance with the Civil Code of Poland as well as offer (proposal) in accordance with Civil Code of Poland.

Acceptance (acceptance) of this Agreement is a fact of Licensor pieces for publication in Collection of scientific proceedings «European Cooperation» e-mail or in electronic form directly to the editorial, or otherwise.

Since such transfer Licensor shall be deemed accepted that the terms of this Agreement and contract is concluded without signing in each case.

3.2. The date of conclusion of the Agreement in this case is the date of the Work by Licensee.

3.3. The right to use the work deemed to take receipt of the work Licensee.

3.4. License granted for the duration of copyright for unlimited area.

3.5. Licensee shall at the written request of Licensor gives him a copy of the Treaty on paper stamped.

3.6. Within one month of receipt of the Work, Licensee shall decide on the use of the Work, as reported by the authors (Licensor) works. Messages sent via email or a simple letter to the sponsor (Licensor) address. The decision to work may be communicated author (licensor) calls.

3.7. If the time taken to prepare the Work is changing regulatory framework and / or events occur that affect its meaning, Licensee may return the author (licensor) Work on the revision or stop using it.

3.8. In case of return works of the author (licensor) a contract is terminated, and the author (Licensor) has the right to dispose of the pieces on your own.

 

4. Commitment Author (Licensor)

 

4.1. Author (Licensor) shall provide the Licensee with the use of the Work, prepared according to the «Requirements for the articles» posted online publication www.we.clmcounsulting.pl.

4.2. Author (Licensor) shall at the request of the Licensee to ensure its timely information and documents relating to the subject of the contract and required for performance of the contract.

4.3. Author (Licensor) shall at the request of the Licensee to take part in the actions and procedures necessary to implement the terms of the Treaty, which require such participation by the Licensor.

4.4. Author (Licensor) has no objection to support the Work illustrations, commentaries, introductions and more.

4.5. Author (Licensor) warrants to Licensee that:

- At the time of transfer of exclusive rights in the Work Author (licensors) owns the exclusive copyright;

- Licensee has the right to transfer the right to use the work under the terms of this Agreement;

- Deliver exclusive rights in the Work to any third party;

- Transferred to Licensee Work in general and some of its elements are original works submitted to the Licensee only this still unpublished, is not an adaptation of the work of another author (Licensor) and does not violate the copyright or other rights of third parties;

- that he had known the information that would indicate that there is a similar or identical him work produced by the creative work of another (other) people;

- not used in the product works whose copyrights are held by third parties. In the presence of the product of the parts that were previously published in print, the author points to their original source.

- quotations from the works of others are used with the name of the author and source of borrowing.

- the product does not contain defamatory statements do not infringe the rights (including without limitation, copyrights or patent or trademark) of others and contains information that may harm or damage to third parties, and playing it will not lead to the disclosure of commercial or confidential information (including state secrets) and that the product does not contain anything that could lead to criminal charges, a civil action for damages or any other form of legal protection of violated rights of third parties.

4.6. Author (Licensor) shall be fully responsible for the violation of the copyright or other rights of third parties relating to Licensee's use of the work and the Licensee shall also reimburse all losses associated with these disorders.

4.7. Author (licensor) grants to Licensee the necessary powers for the protection of copyright.

4.8. Author (Licensor) may orally or in writing of Licensee identified deficiencies of the work, after the transfer of its licensees, and take measures to eliminate them.

4.9. If you use the Licensee Work in violation of the legislation of Poland in the field of copyright and related rights and the Treaty author (Licensor) Licensee has the right to prohibit the use of the Work (suspend licenses under this Agreement) to eliminate such violations.

4.10. Author (Licensor) has the right, under the laws of Poland to determine the amount of information constituting a trade secret or confidential, and require the Licensee's non-disclosure of this information.

 

5. Obligations of Licensee.

 

5.1. Licensee is entitled to use the work methods specified in Section 2 of this Agreement.

5.2. Licensee is entitled to provide sublicenses to other persons to the extent granted to it under the contract rights stipulated by the contract area.

5.3. Licensee shall have the right to request and obtain information and documents relating to the object of the author and are (Licensor).

5.4. When using the book The licensee indicates that the name of the author (co-authors), under which the writing is received.

5.5. Licensee shall use the Work under the terms of this Agreement.

5.6. The licensee must not disclose any information that constitute trade secret or confidential information.

5.7. The licensee is obliged to observe the moral rights of Licensor.

 

 

 

6. Terms of use and processing of personal data.

 

6.1. Acceptance (acceptance) of this Agreement by (Licensor) in accordance with the Law of Poland «On Personal Data Protection» grants to Licensee a definite unconditional consent (permission) to the processing of personal data in written and / or electronic form to the extent contained in this Agreement, the documents relating to this Agreement, to ensure implementation of civil, economic, legal, administrative, legal, fiscal relations and relations in the field of accounting, as well as confirming that received notification of personal data to personal databases Licensee and that informed about their rights as a subject of personal data by the Law of Poland «On Personal Data Protection» and the purpose of collecting these data and those whom the data transmitted.

6.2. The Parties undertake to ensure that the requirements of the Law of Poland «On Personal Data Protection», including the status of the protection of personal data against unlawful processing and lack of legal access to them, and ensure the rights of the data subject in accordance with the requirements of the Law of Poland «On Personal Data Protection».

 

7. Liability of the Agreement

 

7.1. Licensor declares that at the time of signing this Agreement he knew nothing about the rights of others who could be affected by the provision of this license.7.1. In the case of non-performance or improper performance of their obligations under this contract the guilty party is established by agreement or by court order, must compensate the other Party upon its request damages in full, if it is caused during or as a result of the conditions of this contract.

 

8. Force Majeure

 

8.1. The Parties shall not be liable for partial or complete default by the hereunder for a period of emergency, if such failure was the result of a fire, natural disasters, wars and so on. In this case, the term of the commitment under the Agreement is extended for the duration of such circumstances.

8.2. Party that is unable to meet its commitment due to extraordinary circumstances provided for in paragraph 8.1 of this Agreement shall notify the other Party within three working days of the occurrence of such circumstances. Failure to do so does not give any party to invoke further on the above circumstances.

8.3. The proof of force majeure is a document issued by the competent authority.

 

9. Settlement of Disputes

 

9.1. All disputes under this Agreement which are not regulated by the Parties themselves, referred to the Commercial Court.

 

10. Validity of the contract

 

10.1. Date of conclusion (acceptance) is determined in accordance with Section 2 of this Agreement.

10.2. The Agreement is concluded for an indefinite period.

10.3. This Agreement is published on the official website of the Collection of scientific proceedings «European Cooperation» (www.we.clmcounsulting.pl) and legal relationships arising for them shall come into force from the date of publication in print.

11. Other conditions

11.1. If you change the location and/or details, the Party should notify the other Party of such a change in a period not exceeding 10 days from the date of such changes.

11.2. Any changes or additions to this Agreement shall apply, provided that they are made in writing and signed by the Parties.

11.3. On all matters not covered by this Agreement shall be governed by the laws of Poland.

11.4. Artist has the status of a payer of INCOME tax in accordance with the Tax Code and VAT on general grounds.

 

 

12. The address and details of the Contractor.

CONSILIUM SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ

NIP: 7010475027

REGON: 361140230

Marszałkowska str. 58
00-545 Warszawa

Konto 63 1020 1097 0000 7202 0276 8497

Bank: PKO Bank Polski

Kod BIC (Swift): BPKOPLPW

Tel.: +48-720-744-884

President

of the limited liability company

Consilium Sp. z o.o.

 

President

of the limited liability company

Consilium Sp. z o.o.

 

Оleksandr MELNYCHENKO_______________