Satteldorf, Germany, 2021
This offer is considered the official offer of Artmedia24, as well as the publishing house “A-publish journals” (https://a-publish.com), which is represented by CEO Alexander Schiffmacher. He acts in accordance with the Charter and in the following chapters will be called the Contractor. The Contractor proposes the citizen (hereinafter the Customer) to sign a statement of contractual relationship regarding the receipt of the services specified in the Offer. In the following sections, the Customer and the Contractor will be collectively referred to as the Parties, and each separately as the Party.
This document is addressed to an unlimited number of citizens who have legitimate motives and appropriate legal capacity (legal personality, delinquency) to conclude a contractual relationship with the Contractor under the conditions prescribed in this Offer and in accordance with German law.
The document summarizes the Customer’s confirmation of his/her legal capacity, legal personality and delinquency, defining himself/herself as having all the necessary conditions for concluding an agreement with the Contractor regarding the receipt of services for publishing the Materials, being guided by the terms of the Offer.
Consent to payment is implemented by the method of the Customer performing such actions that directly indicate his/her voluntary desire, intention or expression of will regarding the receipt of the services of publishing the Materials by the Contractor and the conclusion of a contractual relationship with him.
Consent to payment presupposes full consent of the Customer with the terms of the Offer, as well as his/her rational perception and understanding of the contents of this document, its conditions, all together and each separately, requirements, rights and obligations.
After agreeing to pay for the services, this agreement for the publication of the Customer’s Materials by the Contractor immediately comes into effect, which means the fulfillment of its terms by the Parties, as well as mutual approval of all clauses of the agreement.
Terms used in the offer
1.1. This offer assumes the use of the following terminology, which means:
1.1.1. Website is an Internet resource that belongs to the Contractor and is located on the worldwide network under the domain https://a-publish.com. It also includes all pages related to the website.
1.1.2. The Contractor is Artmedia24, as well as its official representatives represented by editors who fulfill the terms of the Offer. Providing the Customer with the publication of the Materials, in relation to which a cooperation agreement is concluded.
1.1.3. The Customer is a person who plans or has a direct intention to use the services provided by the Contractor, or has already used or is currently using such services.
1.1.4. Material is a text work that is planned for publication. For example, an article, review, report, or any other scientific or non-scientific texts.
1.1.5. Order is an official statement of the Customer about his/her desire to publish his/her Material in “A-publish journals” (https://a-publish.com).
1.1.6. “A-publish journals” is a mass media that functions as a magazine edition, which is published twice a month.
1.2. The offer allows the use of terms not specified in clause 1.1. In such cases, these terms should be perceived accordingly with the meaning and context of this Offer. If this is not possible, unspecified terms must be interpreted, focusing, firstly, on the Contractor’s website, including its legal part, as well as on German legislative documents regulating relations in this field of activity, and the historically established customs present in the field of activity, regarding which the Agreement is concluded.
Subject matter of the offer
2.1. The terms of this Offer provide for the provision of paid services for publishing the Materials by the Contractor at the request of the Customer in “A-publish journals”.
2.2. Publication of the Customer’s Material is possible only with the mutual execution of the following points:
2.2.1. The Customer has studied the terms of the Offer and accepted them, which is confirmed by the consent and payment for services on his/her part.
2.2.2. The Customer’s Material was checked and reviewed by the Contractor’s editorial office, where it was decided to agree to publish the relevant Material in the Contractor’s publishing house.
2.2.3. The Customer made payment for the received services of the Publication of Materials according to the details specified by the Contractor.
2.3. The subject matter of the Agreement (the service of publishing the Material) is considered executed by the Contractor when the Material is published on the pages of “A-publish journals”. If, within 24 hours after the publication of the Material in the journal, the Customer has not sent a reasoned and legitimate notice about improper performance of services, the publication is considered completed in full and without any errors. To confirm this, there is no need to form a Certificate of Services Rendered.
2.4. This Offer provides for such rights of the Customer regarding its Material, which are guaranteed by the Contractor.
2.4.1. Transfer of the contents of the Material.
2.4.2. Popularization of the Material through its sale, including publication of the Material in other, larger editions.
2.4.3. Correction of errors in the Material without affecting the semantic and bearing parts, including editing in syntactic, spelling and stylistic aspects.
2.4.4. Publication of material in accordance with the right to public display.
2.4.5. Transmission of material by cable, wire, or similar methods of communicating information to the public, while adhering to the right to communicate for the public by cable.
2.4.6. Providing information about the Material or the author of this Material in such a way that everyone can access the Material or information about it from anywhere and at any time (including by posting on the Website).
2.5. The territory where the distribution of the Material is allowed is the Federal Republic of Germany and the members of the European Union, the CIS countries, as well as any states and territories at the request of the Contractor.
2.6. Omitted additional conditions, not noted in this Offer, are posted on the Website.
Procedure and conditions of service provision
3.1. To receive the service of publishing the Material, the Customer must send an e-mail with the Material itself and information about the author or authors of the Material.
3.1.1. Publication of the Material, the author of which is not the Customer, is possible. But in this case, the Customer must provide an official confirmation from the author that he/she knows about the planned publication and does not object to it.
3.1.2. Material written by several authors can be published, but with an indication and description of each of the authors.
3.1.3. The design of the Material must comply with the stylistic rules indicated on the Contractor’s Website. These rules are an integral and indisputable part of this Offer.
3.2. The Material is checked by the editors of the Contractor within five days from the date of receipt of the Material from the customer. At this stage, the Contractor makes a decision regarding the possibility of releasing the Material for publication.
3.2.1. It is not the responsibility of the Contractor to provide a reviewed version of the Material. The Customer is only informed of the decision made regarding publication or refusal to publish. In case of refusal to publish the Material, an official letter is sent to the Customer’s mail with a brief explanation of the reason for refusal.
3.2.2. The Contractor does not provide information to the Customer about the reviewer who checks the Material.
3.2.3. The Customer does not raise an objection to the decision made by the Contractor in case of refusal. If any questions arise regarding the refusal, the Contractor has the right to reject any claims without additional proceedings.
3.3. If the decision of the Contractor is made in favor of publication of the Material, the Customer pays for the services according to the details provided by the Contractor. It is allowed to pay for either exclusively agreed services, or additional services (for example, obtaining a copy of the Journal). Payment is made within such terms and in such amount, which is provided for by this Offer.
3.4. Sending a confirmation message about payment or the formation of a request for services to the Customer’s mail or phone is optional and additional.
3.5. Compliance with the conditions specified in paragraph 2.2 of this Offer implies, by mutual agreement of the Parties, the implementation of such services: 3.4.1. Publication of the Material in “A-publish journals”.
Rights and obligations of the parties
4.1. Rights and obligations of the Contractor:
4.1.1. The Contractor must provide the Customer with paid services in accordance with this Offer in the required manner and in the proper form.
4.1.2. The Contractor is responsible for providing the Customer with a copy of the “A-publish journals” with the Customer’s Material published in it.
126.96.36.199. In the event that the Journal or its Collection contains several parts, the Customer is provided with only that part of the Journal in which the Material is published.
188.8.131.52. A copy of the Journal shall be sent to the address indicated by the customer and is charged depending on the chosen postal service. Sending is carried out after the publication is released in circulation.
4.1.3. Consideration of reasoned and motivated complaints from the Customer is included in the scope of the Contractor’s responsibilities.
4.1.4. The scope of the Contractor’s responsibilities does not include checking the Material for authenticity, presence of plagiarism, indicated or lack of links to third parties involved in the writing of the Material, or authenticity of the Customer’s authorship.
4.1.5. The Contractor’s rights extend to refusal to publish the Customer’s Material without additional explanation.
4.1.6. The Contractor is entitled to insert advertisements, advertising materials or contextual advertising in the Material when it is published in the Journal or on the Website.
4.1.7. The Contractor has the right to print the circulation of the Journal or Collection in any printing house of his choice, whether it is located in Germany or not.
4.1.8. The Contractor’s rights include sending a copy of the Journal with the Customer’s Material published in it from any region of Germany to the specified address of the Customer.
4.1.9. The Contractor has the right to increase the rating of the “A-publish journals”.
4.1.10. The Contractor has the right to involve third parties in the execution of the terms of the Offer, while fully bearing responsibility for their actions and decisions, being responsible for them as for their own decisions and actions.
4.1.11. The Contractor may carry out technical work on the Website, which is why during the period of such work the Website may not function for some time.
4.2. Rights and obligations of the Customer:
4.2.1. The obligations of the Customer include timely payment for the services provided by the Contractor in the agreed amount specified in this Offer.
4.2.2. The obligations of the Customer imply the immediate notification of the Contractor about his/her own complaints regarding the quality of the services provided by the Contractor.
4.2.3. The Customer must style his/her Material, observing the rules of the Website, which are determined on the Site itself or in this Offer.
4.2.4. The Customer must offer Material created by him/her or the person he/she represents for publication in the journal of the Contractor.
4.2.5. The Customer should not offer for publication Materials that have been published earlier in other publications.
4.2.6. The Customer must refrain from the parallel distribution of his/her Material to other publications during consideration of publication in the edition of the Contractor.
4.2.7. After an agreement on payment, the Customer cannot send his/her Materials to other publishing houses for publication.
4.2.8. The Customer undertakes the obligation to familiarize himself/herself with additional information posted on the website or provided by the Contractor in the form of e-mails, letters or newsletters.
4.2.9. The Customer does not have the right to publish Materials that are related to illegal activity or have in their direct text or imply in their context incitement to hostility, discrimination of any segment of the population and individuals, violating human rights and freedoms, containing confidential information, calling for the incitement of war, religious, international or racial disagreements, as well as damaging any spheres of life of society or its individual members.
4.2.10. By agreeing to the Offer, the Customer accepts the terms and conditions and gives permission to use his/her personal data, which does not exceed the scope of German laws and is stated in this Cooperation Agreement.
4.2.11. The Customer can ask any questions related to the cooperation of the Customer and the Contractor (issues of payment and provision of services; questions regarding publication of Materials) directly to the Contractor, using the contact details attached to the section “Impressum-AGB”
Settlements between the parties
5.1. The cost of services provided to the Customer by the Contractor is measured in Euro, which is envisaged on the Website at: https://a-publish.com in the part named Tariffs for the Contractor’s services.
5.2. Payment for services according to the Offer is carried out on the Website https://a-publish.com. The Customer uses the card details for payments in the electronic payment service at the payment acquirer (hereinafter referred to as the Bank). The Bank must be certified in Visa Inc. and MasterCard Worldwide payment systems, which allows it to conduct financial transactions with 3-DSecure authentication. At the same time, the personal financial information of the Customer is reliably protected and no one, including the Contractor, can dispose of and receive it.
5.3. In the event of a supplement agreement between the Customer and the Contractor, payment may be made in a different way not indicated on the Website.
5.4. At the moment of successful completion of the payment transaction, the service is considered paid. An additional notification can be sent as confirmation of successful payment to the Customer’s e-mail address or to his/her phone number in the form of an SMS.
5.5. If the Website malfunctioned at the time of payment by the Customer, as a result of which no additional notification was received about the successful payment, the Customer must, within 24 hours from the time of payment, contact the Contractor in any way using the contact details. If the malfunction is confirmed, the Contractor undertakes to return the money debited from the card to the Customer and transfer his/her order to the unconfirmed status. Money is returned only to the card with which the payment for services was made.
5.6. Subject to cancellation/refusal procedure, the money can be only returned to the Customer’s payment card, which was used for the operation, without any alternatives.
5.7. All commissions stipulated by the banking system, the bank in which the Customer is served, as well as credit institutions or any other financial structures involved in the procedure for paying for services, shall be paid by the Customer.
5.8. The Contractor’s rights include changing the cost of unpaid services by posting a price list with the specified Tariffs on the Website. Such a procedure does not require any warnings from the Contractor regarding its planned actions related to the Tariffs. The cost of services that have already been paid by the Customer may not change.
Intellectual property terms
6.1. The Customer guarantees that all rights to use and dispose of the Material belong to him/her or the person he/she represents. In particular, he/she guarantees that the Materials were created by his/her intellectual and creative work or intellectual and creative work of the person he/she represents.
6.2. The Customer guarantees that all Materials and their parts are not plagiarized or a creation merged with the materials of third parties. The Customer guarantees that the materials, indirectly or directly, do not violate the rights of other people. In case of non-observance of this paragraph, the Customer fully assumes responsibility for such violations and will be liable to third parties, whose rights he/she violated, in the event of claims against the Contractor.
6.3. Responsibility of the Customer is that he/she guarantees the absence of other persons who can claim their rights to the Materials. The Customer fully assumes responsibility for solving any issues that may arise in such circumstances.
Responsibility of the parties
7.1. Responsibility of the Parties is prescribed in legislative documents and applies to cases of improper fulfillment of duties or refusal to fulfill them.
7.2. By this paragraph, the Contractor fixes his refusal and the Customer understands and accepts that publication of his/her materials in “A-publish journals” may not be approved by the state and municipal authorities of Germany. The publication may not be a sufficient argument for obtaining the results expected by the customer in the form of an increase, bonus, assignment of a class or title, professional development or any other incentive action.
7.3. Infringement of copyright or any other intellectual property rights of third parties becomes responsibility of the Customer, who must, according to German law, reimburse all costs, losses, fees and expenses incurred as a result of the violation of the rights of third parties by the Customer.
7.4. In the event of claims from third parties who consider themselves an injured party as a result of violation of their copyright or any other intellectual rights, the Customer must reimburse all costs and losses incurred by the Contractor, including in the course of legal proceedings, compensation payments to third parties, waste on counter-advertising, etc.
7.5. The Contractor’s sphere of responsibility does not include violation of copyright or other intellectual rights of third parties arising from the publication of the Materials, even if they contain plagiarism or there are no references to third parties who took part in the creation of the Materials.
7.6. The services offered by the Contractor are executed in the “as is” format. That is, this means that the Contractor is not responsible for the outcome expected by the Customer that may result from the publication of the Materials, for example, getting a promotion, remuneration, receiving an award or any other incentives. The same applies to any indirect or direct goals, representations or tasks of the Customer.
7.7. The Parties are relieved of any responsibility if the implementation of the terms of the agreement was prevented by force majeure, which cannot be influenced. The parties agree that in the event of a natural disaster (flood, fire, tsunami, tornado, etc.) or a failure in the operation of the electrical network, the Internet or a computer system, the occurrence of restrictive prohibitions by state or local authorities, the deadlines for fulfilling the contractual conditions are postponed until termination of force majeure.
7.8. Unless a different term for fulfilling the terms of the agreement is indicated, the standard, which the Contractor and the Customer are guided by, is thirty working days.
7.9. The Customer has the right to withdraw from the Agreement, if he/she contacts the Contractor within 24 hours after payment for the order. If execution of the order has not yet been completed, the Contractor will cancel its execution and on the same day or the next day after payment will return the paid money to the Customer, taking into account the funds spent by the Contractor for carrying out and organizing the ordered services. The Customer can reach the Contractor using the contact details provided on the Website.
7.10. If the Contractor delays execution of the Order, when the execution time exceeds the time frames for implementation of services stipulated in the Agreement, the Customer may legally terminate the Agreement, and the Contractor must pay the entire cost of the Order.
7.11. The cost of the order is returned to the card on which the payment operation was carried out, if the Customer adheres to the prescribed procedure for filling out the refusal/cancellation of the application. No other methods of refunding can be applied in such cases.
8.1. By this paragraph, the Contractor and the Customer have established between themselves the procedure for pre-trial proceedings in the event of claims arising as a result of their relationship. The submitted claim must be answered no later than ten working days from m the moment of its registration. All disagreements are governed by German law and this Offer.
8.2 If it is not possible to resolve the dispute, it goes to the stage of litigation and is transferred to the Magistrate Court, Arbitration Court, District Court, depending on the situation itself, its affiliation and jurisdiction. Disputes between the Contractor and the Customer are resolved in accordance with the legislative documents in force in the territory of the Contractor’s residence.
8.3. The only law under which any conflict or dispute arises is the procedural and substantive law of the Federal Republic of Germany.
Public offer validity
9.1. This Offer shall come into force and become valid at the time it is posted on the Website, specified in paragraph 1.1.1 of this Offer.
9.2. The Offer is posted on the Website for an indefinite period and is valid until it is canceled by the Contractor. If the Offer is canceled by the Contractor during the validity period of the Agreement governing the relationship between the Customer and the Contractor, this agreement is considered terminated, unless other conditions have been agreed between the Parties.
9.3. The Offer may vary depending on the wishes of the Contractor. The innovations become valid at the time of uploading the new version of the Offer to the Contractor’s Website, unless other conditions were previously announced. The Contractor is authorized to make adjustments to the Offer without additional agreement from the Customer or third parties.
9.4. The Customer’s responsibilities include independent control over changes in the content of the Offer. In case of non-observance of this condition, all the negative consequences shall beresponsibility of the Customer.
9.5. If the Customer does not agree with the new version of the Offer, they must abandon the contractual relationship with the Contractor and the services provided by him.
9.6. The current version of the Offer is located on the Website at: https://a-publish.com.
9.7. This Offer was drawn up in Russian. In the event of any inconsistencies in the translated versions of this Offer, priority is given to the Offer drawn up in German.
Details of the Contractor
Legal address: Industriestraße 8, 74589 Satteldorf, Deutschland
Post address: Industriestraße 8,74589 Satteldorf, Deutschland
Tel.: +49 7951961910
Fax: +49 79519619120
A/c: DE13 6229 0110 0026 3580 26
Вank: VR-Bank Schwaebisch Hall — Crailsheim