City Satteldorf, Germany, 2020
This Public Offer (hereinafter referred as «Offer» ) is the official offer of Company Einzelfirma Artmedia24 and the journal «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» ( https://www.dizzw.com ) represented by the CEO Alexander Schiffmacher, acting on the basis of the Charter, hereinafter referred to as the “Contractor”, to conclude with any individual (citizen), hereinafter referred to as the “Customer”, an Agreement for the provision of services for the publication of Materials under the conditions stipulated in the Offer.
The Contractor and the Customer hereinafter in the text of this Offer are jointly referred to as the “Parties”, and separately as the “Part”.
This Offer is addressed to an unlimited number of individuals (citizens) who have the appropriate legal and legal capacity (legal personality, delinquency) in accordance with German law , which allows them to enter into civil legal relations with the Contractor under the conditions specified in the Offer.
It is hereby summarized and the Customer confirms that he has sufficient legal and legal capacity (legal personality, delinquency) sufficient to conclude an Agreement for the provision of services for the publication of Materials with the Contractor under the conditions established in the Offer.
Acceptance of this Offer is carried out through the performance by the Customer of conclusive (actual) actions indicating his intention, expression of will and desire to enter into legal relations with the Contractor and receive services of publishing own Materials.
Acceptance of the Offer means familiarization, understanding of all together and each separately the terms of the Offer, full, unconditional consent of the Customer with the provisions and requirements specified in the Offer.
From the moment the Offer is accepted, the Agreement for the provision of services for the publication of Materials between the Contractor and the Customer who has accepted the Offer is recognized as concluded and agreed, and its terms are subject to mandatory execution by the Parties.
1. TERMS USED IN THE OFFER
1.1. For the purposes of this Offer, the following terms are used in the following meaning:
1.1.1. Site – the website of the Contractor located on the Internet under the domain name (domain, address) – https://www.dizzw.com , as well as the derivative web pages included in it.
1.1.2. Contractor – Company Einzelfirma Artmedia24 , including represented by its authorized representative (editor), which provides the Customers with services for the publication of Materials on the terms set forth in this Offer.
1.1.3. Customer – an individual (citizen) who intends to use, uses or has used the services of the Contractor for the publication of Materials.
1.1.4. Material – an article, text, review, report, author’s abstract, essay, as well as any other scientific, philosophical, journalistic and informational literary works.
1.1.5. Order – the Customer’s application for the publication of the Material in the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal ( https://www.dizzw.com ) .
1.1.6. Journal – «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» is a mass media in the form of a journal, the frequency of publication is twice a month.
1.2. Terms that are not defined in clause 1.1 of this Offer may be used in the Offer. In these cases, the interpretation of the terms is made in accordance with the text and meaning of this Offer. In the absence of an unambiguous interpretation of the term in the text of the Offer, one should be guided, firstly, by the interpretation of terms used on the Site, including in the legal documentation posted on the Site; secondly, German law and business customs in the relevant field of activity.
2. SUBJECT OF THE OFFER
2.1. As a part of this Offer, the Contractor, on a reimbursable basis, provides the Customer with services for publishing the Materials submitted by the Customer in the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal.
2.2. Publication of the Customer’s Material is carried out provided that the following conditions are met simultaneously:
2.2.1. Customer has read and agreed with this offer terms, which is confirmed by the fact of successfully done payment.
2.2.2. Materials submitted by the Customer has undergone preliminary review by the Contractor and the Contractor decided on the possibility of publishing the relevant Material.
2.2.3. Customer paid for the Contractor’s services for publishing the Material using the payment card details.
2.3. Service for the publication of customer’s Materials is considered provided from the moment of publication of the Material in the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal. If, within 1 (one) working day from the date of publication of the Material, the Customer has not presented to the Contractor motivated claims in relation to the services provided, then the services are deemed to have been provided by the Contractor properly and in full, while the signing of the Certificate of Services Rendered is not mandatory.
2.4. As part of this Offer, the Customer grants the Contractor the following rights in relation to the Material:
2.4.1. Reproduction of Material.
2.4.2. Distribution of the Material through the sale of received copies of the Material, including as part of the larger Editions.
2.4.3. Editing the Material without changing its semantic and content part, in particular the correction of spelling, syntax, stylistic errors.
2.4.4. Public display of the Material (right to public display)
2.4.5. Communication of the Material (including display, performance or broadcast) to the public by cable, wire or other similar means (the right to communicate to the public by cable).
2.4.6. Bringing the Material, as well as information about the author of the Material, to the public in such a way that any person can access the Material (including through the Site) and the specified information from anywhere and at any time at his own choice.
2.5. The territory in which the use of the Material is allowed is the Federal Republic of Germany , the countries of the European Union, the CIS countries and any other state decided by the Contractor.
2.6. All other conditions not provided for in this Offer are indicated on the Site.
3. ORDER AND TERMS OF SERVICE PROVISION
3.1. To receive services for the publication of the Material, the Customer sends the Material to the Contractor’s e-mail address, as well as information about the author (s) of the Material.
3.1.1. It is allowed to publish the Material, the author of which is not the Customer, while the Customer guarantees and confirms that in such cases he has the consent of the author of the Material to publish it.
3.1.2. It is allowed to publish the Material, the author of which is several persons, indicating information about each of these authors.
3.1.3. The material must be formatted in accordance with the Rules for the design of articles defined on the Site at: https://www.dizzw.com and which are an integral part of this Offer.
3.2. Verification (consideration) of the Material and making a decision on the possibility of publishing the Material or refusing to publish the Material is carried out by the Contractor within 5 (five) working days from the date of receipt of the Material from the Customer.
3.2.1. The Contractor does not provide the Customer with the text of the review of the Material submitted by him. The Customer is informed exclusively about the decision made by the Contractor about the possibility of publishing the Material or refusing to publish the Material. In case of refusal to publish the Material, the Customer is informed of the reason for the refusal in a short form.
3.2.2. Contractor does not inform the Customer about the reviewer checking the Customer’s Material.
3.2.3. Customer undertakes not to submit any claims to the Contractor in case of refusal to publish the Material, and if there are such claims, they are subject to rejection by the Contractor without consideration.
3.3. If the Contractor decides on the possibility of publishing the Material, the Customer pays for the publication of the Material using the payment card details, as well as other services if desired, in particular, obtaining a copy of the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal, in the amount, on the terms and in the order, defined in this Offer.
3.4. Confirmation of the fact of formation and payment to the mobile phone number and e-mail address specified by the Customer is optional.
3.5. Subject to the conditions specified in clause 2.2. Offers, the Contractor carries out by prior agreement with the Customer:
3.4.1. The publication of Material in the Journal of the «Deutsche Internationale Zeitschrift für zeitge-nössische Wissenschaft» ;
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. Rights and obligations of the Contractor:
4.1.1. The Contractor undertakes to properly and in accordance with the provisions of this Offer to provide the Customer with the services that are the subject of the Offer.
4.1.2. The Contractor undertakes, at the request of the Customer and subject to payment, to provide the Customer with a printed copy of the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal, in which the Customer’s Material is published.
220.127.116.11. If the Journal or Collection consists of several parts, then the Customer is provided only with the part in which his Material was published.
18.104.22.168. A copy of the Journal or Collection is sent to the postal address indicated by the Customer after the release of the Journal or Collection in circulation. The delivery time for copies depends on the deadlines set by the postal service.
4.1.3. The Contractor undertakes to consider and verify the motivated claims received from the Customer.
4.1.4. The Contractor does not check the Material for plagiarism, for the authenticity of the authorship of the Material specified by the Contractor, for the absence of borrowing from third parties without indicating and linking to them.
4.1.5. The Contractor has the right to refuse to publish the Material to the Customer without explaining the reasons.
4.1.6. The Contractor has the right to place advertisements, advertising materials, advertisements in the text of the Material in the Journal, as well as contextual advertising when publishing the Material on the Site.
4.1.7. The Contractor has the right to issue (print) the circulation of the Journal or Collection in any printing house of its choice, in any region of the German Federation.
4.1.8. The Contractor has the right to send hard copies of the Journal or Collection to the Customer from any region of the German Federation at its discretion.
4.1.9. The Contractor will strive to improve the level and rating of the «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» Journal .
4.1.10. The Contractor has the right to engage third parties to fulfill its obligations under this Offer, remaining responsible for their actions and decisions made as for their own.
4.1.11. The Contractor has the right to carry out preventive work on the Site, and therefore at the specified time the Site may be unavailable for use.
4.2. Rights and obligations of the Customer:
4.2.1. The Customer undertakes to pay for the services provided by the Contractor in the manner, terms and conditions established by this Offer.
4.2.2. The Customer undertakes to immediately notify the Contractor about any claims to the quality of the services provided.
4.2.3. The Customer undertakes to draw up the Material in accordance with the Rules for the Formulation of Articles, determined on the Site at: https://www.dizzw.com/en/article-formatting/.
4.2.4. The Customer undertakes to provide the Material created exclusively by the intellectual (creative) work of the Customer or the author represented by him.
4.2.5. The Customer undertakes not to provide Materials previously published in other publishers (editions).
4.2.6. The customer undertakes not to simultaneously send his Material for publication in other publications.
4.2.7. The Customer undertakes, after accepting this Offer, not to submit his Material for publication to another publisher.
4.2.8. The Customer undertakes to independently and in a timely manner familiarize himself with all the information posted on the Site, as well as in notifications received by e-mail or telephone.
4.2.9. The Customer is prohibited from submitting for publication Material that violates the requirements of the current legislation, in particular, containing threats and insults, discrediting other persons, violating the rights of citizens to privacy or public order, which are obscene; violating to one degree or another the honor and dignity, rights and legally protected interests of others; contributing to or containing calls for inciting religious, racial or ethnic hatred, containing attempts to incite hatred or calls for violence.
4.2.10. The Customer hereby grants his consent and permission to process his personal data in accordance with the requirements of German legislation on personal data.
4.2.11. For all issues related to the execution of this Offer, placing an order for receiving services from the Contractor, making payment for the Contractor’s services, the Customer has the right to contact the Contractor or his authorized representative using the contact details specified in the ” Impressum – AGB ” section.
5. CALCULATIONS BETWEEN THE PARTIES
5.1. The cost of services provided by the Contractor is determined in Euro in accordance with the Tariffs for services published on the Site at: https://www.dizzw.com .
5.2. Payment under this Offer is made on the Website https://www.dizzw.com using the details of payment cards in the electronic payment system – financial acquirer (hereinafter referred to as the Bank), which has been certified in the Visa Inc payment systems . and MasterCard Worldwide for transactions with 3-DSecure authentication. The presented data are fully protected within the safety standard Payment Card Industry (Payment Card Industry the Data Security of Standard ) and no one, including the artist, can not get them.
5.3. By agreement between the Contractor and the Customer, other methods of payment for the Contractor’s services are possible, which are not indicated on the Site at : https://www.dizzw.com .
5.4. The service is considered paid from the moment of successful completion of the bank card transaction . Additional confirmation of registration and receipt of payment from the Customer can be made by sending an appropriate notification to the email address or to the mobile phone number (in the form of an SMS message) specified by the Customer.
5.5. If the fact of a technical failure is confirmed, as well as the Contractor does not receive confirmation of the delivery to the Customer of an SMS notification and / or a letter sent to the email address, the services will be considered unconfirmed and the funds will be returned to the card from which the payment was made.
5.6. In the event of a refusal / cancellation procedure correctly executed by the Customer, funds are returned exclusively to the payment card with which the payment was made. Refunds are not provided in other ways and are not carried out by the Contractor.
5.7. Commissions charged by credit institutions, payment systems, etc. are paid by the Customer.
5.8. The Contractor has the right, without explaining the reasons and without prior notice to the Customers, to unilaterally change the cost of providing services by posting the new version of the Tariffs for Services on the Site. In this case, the cost of the paid Services is not subject to change.
6. TERMS OF INTELLECTUAL PROPERTY
6.1. The Customer guarantees that he has all the rights to use and dispose of the Material, the exclusive right to the Material belongs directly to the Customer or the person he represents, in particular the Material was created by the creative work of the Customer (the person he represents).
6.2. The customer guarantees that the Material does not use any elements in violation of the rights of third parties, the Material is original and is not plagiarized in whole or in part, is not confusingly similar to the works of others. In the event that the guarantees contained in this paragraph are violated, the Customer undertakes to accept all claims of third parties received by the Contractor.
6.3. The Customer undertakes to guarantee the absence of other persons claiming the authorship of the Material, and assumes the settlement of all questions that may arise in connection with this circumstance.
7. RESPONSIBILITY OF THE PARTIES
7.1. In case of non-fulfillment or improper fulfillment of obligations, the Parties shall be liable under the current legislation.
7.2. The Contractor hereby refuses, and the Customer acknowledges and understands that the publication of the Material in the Journal «Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft» may not be counted by the Higher Attestation Commission of Germany or dissertation or academic councils for the possibility of defending a candidate’s or doctoral dissertation, as well as other bodies of a state or municipal authorities or governing bodies of the organization to obtain certain results that the Customer is guided by, in particular, receiving a bonus, remuneration, promotion, conferring a title, class, category, etc.
7.3. The Customer is liable for infringement of copyright and other intellectual property rights in accordance with applicable German law . In particular, the Customer is obliged to reimburse third parties and the Contractor for losses, expenses, costs that arose as a result of violation by the Customer of the intellectual rights of third parties.
7.4. In the event that third parties file claims against the Contractor in connection with a violation by the Customer of section 6 of this Offer, the Customer shall reimburse the Contractor for all losses incurred in accordance with such violation in full (including legal costs, compensation payments under court decisions or under concluded amicable agreements, fines , counter-advertising costs , etc.).
7.5. The Contractor is not responsible for the violation of the intellectual rights of third parties by the publication of the Material, in particular for the presence of plagiarism in the Material, the absence of links to the works of third parties, etc.
7.6. Services provided by the Contractor, provided on an «as it is» (as is). At the same time, the Contractor is not liable in any form for the discrepancy of the services provided to the goals, objectives and / or ideas and / or desires of the Customer, in particular for a negative decision on the dissertation of the Customer or the author of the Material, refusal to provide an award and other incentive awards etc.
7.7. The parties are released from liability for violation of the terms of this Agreement, if such violation is caused by force majeure (force majeure circumstances). The parties agreed that such actions, in particular, are actions of state authorities, local self-government, fire, flood, earthquake, other acts of God, lack of electricity and / or computer network failures, strikes, civil unrest, riots. In the event of force majeure circumstances, the established deadlines for fulfilling the obligations specified in the Agreement are postponed for the period during which the circumstances arise.
7.8. If the deadline for the execution of the Order is not specified when placing the order, the default is 30 (thirty) calendar days.
7.9. The Customer has the right to withdraw from the Agreement by promptly contacting the Contractor using the contact information published on the Site (during the current working day, when he received confirmation of registration and payment of the Order in the form of a letter by e-mail), if the execution of the Order is not was started at the time of refusal. In case of cancellation of the Agreement on the day of payment during the execution of the Order or on the days following the day of payment, the refund can be made at the request of the Customer, minus the costs incurred by the Contractor during the execution and execution of the Order.
7.10. If the Contractor delays in the execution of the Order within the timeframe specified when placing the Order, the Customer has the right to terminate the contract and demand a full refund.
7.11. In case of a correctly executed cancellation / cancellation procedure, funds are returned to the card from which the payment was made. Refunds will not be made by other means.
8. DISPUTE RESOLUTION
8.1. Hereby, the Contractor and the Customer, in their relations with each other, have established a pretrial claim procedure for resolving differences and disputes arising from the relationship between them in accordance with the provisions of this Offer. The deadline for responding to the submitted claim is 10 (ten) business days from the date of receipt.
8.2. In case of failure to reach agreement on controversial issues, the dispute arising from this Offer is subject to judicial review: by a magistrate, or in a district court, or in an arbitration court, depending on the jurisdiction of the dispute in accordance with the current legislation at the location of the Contractor.
8.3. In all cases without exception, the applicable substantive and procedural law in the event of disputes and conflict situations is the substantive and procedural law of the Federal Republic of Germany .
9. VALIDITY OF THE PUBLIC OFFER
9.1. This Offer comes into force from the moment it is posted on the Internet on the Site specified in clause 1.1.1 of this Offer.
9.2. This Offer has been posted for an indefinite period and loses its force if it is canceled by the Contractor. Upon cancellation of the Offer by the Contractor, the Contract for the provision of services for the publication of the Material between the Contractor and the Customer is considered terminated, unless otherwise specified by the Contractor.
9.3. In the event that changes are made to the Offer, such changes come into force from the moment the new version of the Offer is published on the Site, unless another date for the entry into force of the changes is additionally determined when they are published. The Contractor has the right to unilaterally amend the text of the Offer.
9.4. The customer undertakes to independently monitor changes in the provisions of this Offer and bears responsibility and negative consequences associated with non-compliance with this obligation.
9.5. If the Customer does not agree with the relevant changes, the Customer is obliged to refuse the services of the Contractor.
9.6. The current version of the Offer is located on the Site at: https://www.dizzw.com .
9.7. This Offer was drawn up in Russian. In the event of any inconsistencies between the version of the Offer drawn up in Russian and the version of the Offer translated into another language, the provisions of the Offer drawn up in German will have priority and direct application .
10. DETAILS OF THE CONTRACTOR
USt – ID : DE 237503449
Legal address : Industriestrasse 8, 74589 Satteldorf, Deutschland
Postal address : Industriestrasse 8, 74589 Satteldorf, Deutschland
Tel : +49 07951961910
Fax : +49 079519619120
E-mail : firstname.lastname@example.org
В VR Bank Schwaebisch Hall – Crailsheim
Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft ISSN (Print) 2701-8369
Deutsche Internationale Zeitschrift für zeitgenössische Wissenschaft ISSN (Online) 2701-8377