Elsevier terms and conditions of purchase for open access
1. About us
1.1 Company details. Elsevier B.V., Radarweg 29, 1043 Amsterdam (company number 33158992) (we, our and us) registered at the Chamber of Commerce Amsterdam, nr 33158992 and/or its affiliated Elsevier Company, Elsevier Ltd. 1.2 Website. These terms and conditions of purchase apply to submissions for Gold Open Access Services offered on the website: https://www.elsevier.com/authors. 1.3 Contacting us. You can contact us or raise a query via our support centre S’ouvre dans une nouvelle fenêtre.
2. Our contract with you
2.1 Our contract. These terms and conditions (Terms) apply to submissions by authors (you) for the supply of Services offered on our Website (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing. By submitting an article on our website, you agree to be bound by these terms and conditions. 2.2 Entire agreement. The Contract, including our Website Terms and Conditions and Privacy Policy which are incorporated by reference in these Terms, and any other terms incorporated by reference, is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. Submitting an article and its acceptance
3.1 Submit your article. Please follow the onscreen prompts to submit your article. You may only submit an article using the method set out on the website. Each submission is an offer by you to buy the gold open access services specified in the submission (Services) subject to these Terms. We may correct any error in any unconfirmed submission, or other document or information issued by us on the Website without any liability to you. 3.2 Acknowledging receipt of your submission. After you submit your article, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your article has been accepted. Our acceptance of your article will take place as described in clause 3.3. 3.3 Accepting your article. Our acceptance of your article takes place when we send an email to you to accept it (Confirmation), at which point the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Confirmation. 3.4 If we cannot accept your article. If we are unable to supply you with the Services or otherwise accept your article for any reason, we will inform you of this by email and we will not process your article. If you have already paid for the Services, we will refund you the full amount. 3.5 Your obligations. If your article is accepted for gold open access publication, you will be required to complete the Rights and Access Form S’ouvre dans une nouvelle fenêtre which will be sent to you by email in order for you to confirm (a) your copyright status, (b) your preferred Creative Commons user license for your article, and (c) your invoicing details for the Article Publishing Charge (APC). We reserve the right to publish your article in accordance with the License and Publishing Agreement, subject to a Creative Commons user license applied by the journal to which you have submitted your article, at any time after we have accepted your article even if you do not complete the Rights and Access Form. 3.6 Failure to complete Rights and Access Form. If your article is accepted for gold open access publication and you do not complete the Rights and Access Form in accordance with clause 3.5 (above) we will send you another email to remind you. If after fourteen (14) days you still have not completed the Rights and Access Form an invoice will be sent for the APC using the billing details you provided when you submitted your article or the billing details we have on record if an agreement is applicable, or we may publish your article on a subscription basis if the journal you have submitted your article to allows that option. Alternatively, we may terminate the Contract in accordance with clause 11.1.
4. Withdrawing your submission and obtaining a refund
4.1 If you are an individual based in the EU or the UK, you acknowledge that for the purposes of any legislation implementing the Consumer Rights Directive (2011/83/EU), you are entering into this contract as a "trader" and not a "consumer". Accordingly, you have no statutory right to cancel this Contract once your submission is accepted. 4.2 You may withdraw your submission and cancel the Contract at any time prior to our acceptance of your article by contacting us using the contact details set out in clause 1.3. You cannot cancel the Contract once we have accepted your article or completed the relevant Services. 4.3 If you cancel the Contract prior to acceptance, we will refund you in full for the price you paid for the Services, by the method you used for payment.
5. Our services
5.1 Descriptions and illustrations. Any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force. 5.2 Reasonable care and skill. We warrant to you that the Services will be provided using reasonable care and skill. 5.3 Time for performance. We will use reasonable endeavours to meet any performance dates specified in the Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract and we will not incur any liability to you for late performance.
6. Your obligations
6.1 It is your responsibility to ensure that:
(a) you provide us with such information and materials we may reasonably require in order to supply the Services, and that such information is complete and accurate in all material respects (including, if applicable, completing the Rights and Access Form); (b) you comply with all applicable laws and with the terms of the Licence and Publishing Agreement which is hereby incorporated into the Contract by reference. 6.2 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 6.1 (Your Default): (a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. Your Default also entitles us to terminate the Contract under clause 11.1; (b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and (c) you will reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7. Charges
7.1 In consideration of us providing the Services you must pay our charges (Charges) in accordance with this clause 7. 7.2 The Charges are the prices quoted on our site at the time you submit your article. While we make every effort to ensure that prices quoted on the website are accurate, if there has been an error, the correct price will be stated in the Confirmation, and you will have the opportunity to withdraw the submission at that stage if the correct price is higher than the price quoted on the website. 7.3 Our Charges are exclusive of VAT. Where VAT is payable in respect of some or all of the Services you must pay us such additional amounts in respect of VAT, at the applicable rate, at the same time as you pay the Charges. 7.4 You acknowledge that open access publication of your article is conditional on payment of the APC required by the journal. If the APC is not paid by the payer stipulated by you within the deadline specified on the invoice, we may require such payment directly from you using the details provided with your submission and you agree that we have the right at our discretion to publish your article in accordance with the Licence and Publishing Agreement, subject to a Creative Commons user license applied by the journal for which you have submitted your article as stated in clause 3.5 and charge interest for late payment in accordance with clause 8.2.
8. How to pay
8.1 We will take your payment by debit card or credit card upon acceptance of your article by issuing an electronic invoice by email, specifying the applicable payment terms. Performance of the Services is conditional on payment of the Charges. 8.2 If you fail to make a payment under the Contract by the due date, then, without limiting our remedies under clause 11 (Termination), we may proceed with the Services and you will have to pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 8.2 will accrue each day at 4% a year above the Bank of England's base rate which may vary from time to time.
9. Complaints
If a problem arises or you are dissatisfied with the Services, you can contact us or raise a query via our support centre.
10. Limitation of liability: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE.
10.1 Nothing in the Contract limits any liability which cannot legally be limited, including liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession). 10.2 Subject to clause 10.1, we will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for any indirect, special, or consequential loss, including: (a) loss of profits; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of rights, including intellectual property rights, (e) any other indirect, special or consequential loss. 10.3 Subject to clause 10.1, our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the total Charges paid under the Contract.
11. Termination
11.1 Without limiting any of our other rights, we may suspend the performance of the Services, or terminate the Contract with immediate effect by giving written notice to you if you commit a breach of any term of the Contract. 11.2 Termination of the Contract will not affect our rights and remedies that have accrued prior to termination of the Contract, including any rights of publication and distribution afforded to us under this Contract. 11.3 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
12. General
12.1 Assignment and transfer. We may assign or transfer our rights and obligations under the Contract to another entity. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing. 12.2 Events beyond our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control. 12.3 Variation. Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives). 12.4 Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you. 12.5 Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 12.6 Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms. 12.7 Governing law and jurisdiction. The Contract is governed by English law and we each irrevocably agree to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English courts.
Conditions générales dáchat pour les services de publication en accèss libre or
Terminos y condiciones de compra de servicios gold open access