Public offer

ADHESION AGREEMENT (PUBLIC OFFER) FOR THE PROVISION OF SERVICES

Current version: v.3-09/19
dated: September 10, 2019

LIMITED LIABILITY COMPANY “VIOLD”, on the one side (hereinafter – the Publisher), hereby announces a public proposal (public offer) by means of accession to the Adhesion Agreement for the provision of the article processing service on the website of the electronic scientific and practical journal “Intellectualization of Logistics and Supply Chain Management”, addressed to an unlimited number of individuals (hereinafter – the Customer), on the other side (hereinafter collectively – the Parties, and individually – a Party), under the terms and in the manner stipulated by this Agreement.

KEY TERMS AND DEFINITIONS USED IN THIS AGREEMENT

Publisher – LIMITED LIABILITY COMPANY “VIOLD”, EDRPOU code 42126138, registered address: 03158, Ukraine, Kyiv, Volodymyra Pokotyla Street, Building 5, Apartment 486.

Person – an individual (resident or non-resident of Ukraine) interested in receiving the Publisher’s service.

Public Offer (hereinafter – the Offer) – the Publisher’s public proposal addressed to an unlimited number of individuals (residents or non-residents of Ukraine) to conclude an Agreement with the Publisher under the terms specified in this Offer.

Acceptance – full, unconditional, and irrevocable acceptance of the Offer by the Customer under the terms of this Agreement, executed by submitting an article through the Journal’s personal account.

Adhesion Agreement for the Provision of Services (hereinafter – the Agreement) – a transaction concluded in the form of an adhesion contract in accordance with Article 634 of the Civil Code of Ukraine, as its terms are defined exclusively by the Publisher and may be accepted by the Customer solely by joining the Agreement in full.

Customer – an individual (resident or non-resident of Ukraine) who has fully and unconditionally accepted (acceded to) the Offer under the terms of this Agreement.

Author – the individual(s) whose creative activity resulted in the creation of the work.

Work – the Author’s original intellectual creation in the field of science, expressed in an objective form.

Corresponding Author – an authorized individual who has obtained consent from all Authors to represent their interests before the Publisher.

Author’s Consent – consent signed by the Corresponding Author manually or by electronic digital signature and submitted to the Publisher through the personal account.

Cover Letter – an online form containing information about the article, as well as personal and contact details of the Corresponding Author and the Author(s), completed and submitted by the Customer to the Publisher.

Article – the Author’s work submitted by the Customer for subsequent processing by the Publisher.

Article Rejection – an action after which the Customer’s article is removed from the publication schedule and is no longer processed by the Publisher.

Submission Requirements – a set of requirements for the article (including formatting requirements), submitted by the Customer and/or Corresponding Author and/or Author(s) for processing by the Publisher.

Electronic Scientific and Practical Journal “Intellectualization of Logistics and Supply Chain Management” (hereinafter – the Journal) – a collection of scientific works, which is an international peer-reviewed scientific publication.

Journal Website (hereinafter – the Website) – the official online page of the Journal available at: https://www.smart-scm.org/

Article Processing Service (hereinafter – the Service) – a set of actions performed by the Publisher for processing the Author’s article submitted by the Customer through the personal account, which includes the following stages: initial review; peer review; assignment of a Digital Object Identifier (DOI); online publication of the article on the Journal’s Website. The procedure and terms of the Service provision are determined by this Agreement.

Content – all information contained on the Website; any data files uploaded by the Author; all stages of the editorial process; any communication exchanged via email; articles, including those newly created using the Website; article archives; textual content of the Website; downloadable files, etc.

Rejection Letter – an electronic letter sent by the Author to the Publisher’s email: support@smart-scm.org, expressing the Author’s intention to withdraw the Article from publication in the Journal.

Retraction – a mechanism for correcting an article by fully or partially removing it from the Journal’s Website and other databases.

Service Fee – the price for the Service established by the Publisher for the Customer and published at the following link: https://www.smart-scm.org/en/article-processing-charge/

Payment – the transfer of funds to the Publisher’s account for the Service performed by the Customer upon receiving the invoice.

Invoice – a financial document for payment of the Service, issued by the Publisher and sent to the Customer’s email.

Registration Form – a template of the Customer’s registration data downloaded from the Journal’s Website and completed by the Customer when registering on the Website. Mandatory fields of the Registration Form include: last name, first name; email address; country; contact phone number; place of employment.

1. GENERAL PROVISIONS

1.1. This Agreement is concluded as an adhesion contract in accordance with Article 634 of the Civil Code of Ukraine and is deemed concluded from the moment the Offer is accepted.

1.2. The terms of this Agreement constitute an Offer, which is announced by the Publisher as a public proposal to an unlimited number of individuals (residents or non-residents of Ukraine) to conclude an Agreement with the Publisher. The Offer may be accepted by any person interested in receiving the Service provided by the Publisher.

1.3. A person who accepts the Offer to conclude the Agreement becomes the Customer in accordance with the terms of this Agreement.

1.4. The terms of the Agreement are identical for all persons who decide to accept its terms.

1.5. Accession to the Agreement is deemed to have occurred when the Customer submits an article by sending an email with the Article and the Author’s Registration Form to the Publisher’s email: support@smart-scm.org.

1.6. The actions of the Customer specified in clause 1.5 of this Agreement are considered full and unconditional acceptance by the Customer of the Offer and the terms of the Agreement without any reservations or objections, in accordance with Article 642 of the Civil Code of Ukraine. By accepting the Publisher’s Offer, the Customer confirms that they understand the content and terms of the Agreement, as well as the legal consequences of its conclusion.

1.7. If the Customer does not agree with all or any of the terms of this Agreement, the Offer is not accepted, the Agreement is not concluded, and the Service is not provided by the Publisher.

1.8. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and powers required and sufficient to conclude and perform this Agreement.

1.9. All terms of the Agreement are binding on the Parties.

1.10. The current version of the Offer and the terms of the Agreement are available on the Journal’s Website at: https://www.smart-scm.org/en/public-offer/.

1.11. All content presented on the Website is for informational purposes only. If the Customer has any questions regarding the provision of the Service, prior to submitting an article by sending it to the email address support@smart-scm.org, the Customer must contact the Publisher for clarification or send a request (without the Article and Registration Form) to the email address support@smart-scm.org.

2. ACCEPTANCE OF THE OFFER

2.1. By accepting the Offer, the Customer automatically agrees to the full and unconditional acceptance of the terms of the Agreement, the cost and payment of the Service, as well as all annexes (if such annexes exist), which constitute an integral part of this Agreement.

2.2. The Offer is fully and unconditionally accepted by the Customer, and the Agreement is deemed concluded from the moment the article is submitted by sending an email with the Article and the Author’s Registration Form to the Publisher’s email: support@smart-scm.org.

2.3. In case of disagreement with the Offer and the terms of the Agreement, the Customer undertakes to terminate the article submission process by sending a refusal letter to the Publisher’s email: support@smart-scm.org.

2.4. By accepting the Offer, the Customer confirms:

2.4.1. Full and thorough familiarization with the Offer and the terms of this Agreement.
2.4.2. Unconditional and irrevocable acceptance of the Offer and the terms of this Agreement.
2.4.3. Complete understanding of all terms of the Agreement, the content of their rights and obligations hereunder, as well as the legal consequences of concluding this Agreement.

2.5. Upon acceptance by the Customer, this Offer is deemed to be concluded in writing under the terms of this Agreement.

3. SUBJECT OF THE AGREEMENT

3.1. Under this Agreement, the Publisher undertakes to provide the Service, and the Customer undertakes to pay for and accept such Service in a timely manner.

3.2. The submission requirements, the cost and payment of the Service, and the editorial policies are published on the Journal’s Website at: https://www.smart-scm.org/.

3.3. The Parties agree that the fact of providing the service of publishing the article in the Journal is confirmed by the very fact of its placement on the Journal’s Website. A separate act of services rendered is neither prepared nor signed.

3.4. The moment of providing the service is considered to be the date and time when the article is published on the Journal’s Website, as recorded in the electronic information system. This record constitutes sufficient and legally valid confirmation of the Publisher’s full and proper fulfillment of its obligations.

3.5. The Customer confirms full and unconditional acceptance of the service if, within three (3) calendar days from the moment of the article’s publication, no written substantiated remarks are sent to the Journal’s editorial email: support@smart-scm.org. In the absence of such remarks, the service is considered accepted in full.

3.6. The Parties agree that the public offer, electronic correspondence, records in the Journal Website’s information system, and payment documents constitute valid primary documents within the meaning of Ukrainian legislation. An act of services rendered, either in paper or electronic form, is not required.

3.7. Confirmation of the service provision is the electronic notification from the editorial office regarding the acceptance of the article for publication and the fact of its placement on the Website. These actions are equivalent to an act of services rendered.

3.8. By accepting the terms of this Public Offer (by paying for the service and submitting the article for publication), the Customer agrees that the Publisher is not obligated to provide a separate act of services rendered.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Publisher has the right to, unilaterally:

4.1.1. Receive from the Customer any information necessary for the provision of the Service.
4.1.2. Independently establish and change the cost and other financial terms of the Service by publishing the relevant information on the Journal’s Website, without prior or subsequent notification of the Customer.
4.1.3. Make any changes to the terms of this Agreement and the Offer by publishing them on the Journal’s Website without prior or subsequent notification of the Customer. Changes take effect from the moment the new text of the Offer and the Agreement is published on the Website.
4.1.4. Modify or supplement on the Journal’s Website the submission requirements, editorial policies, publication ethics rules, etc., without prior notification of the Customer. Such changes take effect from the moment of publication on the Website.
4.1.5. Store, use, and process personal data of the Customer, Corresponding Author, and Author(s) obtained in the course of providing the Service.
4.1.6. Require timely payment from the Customer in accordance with the terms of this Agreement.
4.1.7. Require the Customer to comply with all terms of this Agreement.
4.1.8. Cancel an issued invoice if the Customer has not paid it within three (3) banking days from the date of issuance.
4.1.9. Reissue the invoice if the previous one was not paid on time, taking into account the exchange rate difference on the date of issuance.
4.1.10. Engage third parties to provide the Service without the Customer’s approval.
4.1.11. Refuse to provide the Customer, Corresponding Author, Author(s), or third parties with reports regarding checks for originality or the use of artificial intelligence.
4.1.12. Reject the Customer’s article and suspend the Service in case of untimely payment of financial obligations by the Customer.
4.1.13. Reject the Customer’s article and refuse the Service if the article or any part of it:

4.1.13.1. Does not correspond to the mission and specialization of the Journal;

4.1.13.2. Does not comply with the Journal’s submission requirements;

4.1.13.3. Violates the Journal’s publication ethics;

4.1.13.4. Contains non-constructive or emotional text that misleads the reader or constitutes defamation;

4.1.13.5. Manipulates citations and/or references;

4.1.13.6. Is created using artificial intelligence;

4.1.13.7. Discloses confidential information without proper authorization;

4.1.13.8. Has been submitted for consideration to other periodicals;

4.1.13.9. Does not contain corrections requested via the Website’s personal account.

4.1.14. Reject the article and refuse the Service if there is no response from the Customer or Corresponding Author for more than fifteen (15) calendar days.
4.1.15. Refuse the Service if the cover letter or Author’s consent contains inaccurate information.
4.1.16. Fully or partially suspend the Service due to technical or other objective reasons.
4.1.17. Refuse the Service if the Customer improperly fulfills their obligations under this Agreement.
4.1.18. Require compensation from the Customer for damages or losses caused to the Publisher (material loss, lost profit, reputational damage).
4.1.19. Refuse the Service if payment is returned to the Customer under the terms of this Agreement.
4.1.20. Independently determine the issue and volume of the Journal in which the Customer’s article will be published.
4.1.21. Cancel, interrupt, postpone, or change the publication frequency of the Journal.
4.1.22. Stylistically and visually edit the title, text, and graphical elements of the article without the Customer’s or Author’s approval.
4.1.23. Increase or decrease the Service delivery timeframe specified in clause 5.1 of this Agreement without the Customer’s approval.
4.1.24. Publish and distribute the Customer’s article without any limitations or compensation to the Customer or Author(s).
4.1.25. Send organizational, technical, advertising, or other information about the Journal’s Website to the Customer’s email.
4.1.26. Provide guidance to the Customer during payment or submission, including independently contacting the Customer using the email/phone number specified in the registration form.
4.1.27. Retract (withdraw) the published article if:

4.1.27.1. It contains serious errors and/or data falsification;

4.1.27.2. Plagiarism is present;

4.1.27.3. Results were previously published elsewhere without proper attribution or editorial notification;

4.1.27.4. Materials are used without permission;

4.1.27.5. There are legal issues;

4.1.27.6. Publication resulted from a compromised or manipulated peer-review process;

4.1.27.7. A conflict of interest was not disclosed and could affect interpretation or publication;

4.1.27.8. Significant authorship issues exist and are supported by evidence.

4.2. The Publisher shall:

4.2.1. Provide the Service under the terms of this Agreement.
4.2.2. Provide complete and accurate information regarding the terms and procedure of the Service.
4.2.3. Clarify the content of the Agreement upon the Customer’s request.
4.2.4. Strictly comply with the terms of this Agreement.
4.2.5. Not disclose confidential information.

4.3. The Customer shall:

4.3.1. Pay for the Service in full and on time under the terms of this Agreement.
4.3.2. Strictly comply with the terms of this Agreement.
4.3.3. Provide Author’s consent by submitting the Registration Form together with the Article to support@smart-scm.org.
4.3.4. Provide accurate information about the Corresponding Author and the Article’s Author(s).
4.3.5. Timely respond to the Publisher’s remarks and submit required corrections.
4.3.6. Independently monitor and familiarize themselves with current revisions of the Offer, Agreement, and Service price.

4.4. The Customer has the right to:

4.4.1. Receive the Service under the terms and within the timeframes of this Agreement.
4.4.2. Receive from the Publisher complete and accurate information about the Service.
4.4.3. Receive clarifications regarding the terms of this Agreement.
4.4.4. Require the Publisher to comply with all terms of this Agreement.
4.4.5. Withdraw from or terminate the Agreement by notifying the Publisher in writing not later than fifteen (15) calendar days before the article’s publication on the Website. In this case, the Service is discontinued and the payment made shall be refunded.
If the Customer withdraws or initiates termination with less than 15 days’ notice, the payment is not refunded and the Service is considered fully rendered.

5. TERM OF SERVICE PROVISION

5.1. The Service is provided by the Publisher within one (1) calendar year from the moment the Customer submits the article by sending an email with the Article and the Author’s Registration Form to the Publisher’s email: support@smart-scm.org.

6. SERVICE COST AND PAYMENT PROCEDURE

6.1. The cost of the Service under this Agreement is established and published on the Journal’s Website at: https://www.smart-scm.org/en/article-processing-charge/.

6.2. The invoice for the provided Service is generated by the Publisher in electronic form and sent to the Customer or the Corresponding Author by email no later than fifteen (15) days after the scheduled publication of the Article.

6.3. The Customer shall pay the invoice within three (3) banking days from the date the invoice is issued.

6.4. For residents of Ukraine, the fee for the Service is set in Ukrainian hryvnia. Payment is made in the national currency of Ukraine by transferring funds to the Publisher’s hryvnia account.

6.5. For non-residents of Ukraine, the fee for the Service is set in U.S. dollars. The invoice payment is made by the Customer through the international interbank information and payment system (hereinafter – SWIFT) by transferring funds to the Publisher’s foreign currency account.

6.6. The Service is provided in full only upon 100% payment of the issued invoice, by transferring funds to the Publisher’s bank account.

6.7. All commission fees for transferring funds to the Publisher’s account (including when making a payment via SWIFT) shall be borne by the Customer.

6.8. In the event of non-payment or partial payment for article processing, the Publisher has no obligation to provide the Service to the Customer.

6.9. If the Publisher rejects the Customer’s article in accordance with Clause 4.1.12 of this Agreement, the issued invoice is canceled and the Service is not provided.

6.10. If the Publisher rejects the Customer’s article in accordance with Clause 4.1.13 of this Agreement, the invoice is not issued to the Customer, and the Service is not provided.

6.11. The Customer is solely responsible for the correctness of the payments made.

7. PERSONAL DATA AND CONFIDENTIALITY TERMS

7.1. Considering that, during the conclusion of this Agreement, the Parties become aware of personal data of individuals, and in order to comply with the provisions of the Law of Ukraine “On Personal Data Protection,” the Customer confirms that the Corresponding Author and the Author(s):

7.1.1. Have given consent for the collection, processing, accumulation, storage, and dissemination of their personal data.
7.1.2. Have been properly informed about their rights (according to the Law of Ukraine “On Personal Data Protection”) and about the purpose of the collection of personal data.

7.2. The Publisher processes the personal data of the Customer, the Corresponding Author, and the Author(s) as received through the Registration Form; contained in the Author’s Article; transmitted during registration/login sessions on the Website; during sessions of using other Website services; and stored on the servers of communication service providers operating in accordance with the legislation of Ukraine and other countries.

7.3. The personal data of the Customer, the Corresponding Author, and the Author(s) are stored and processed by the Publisher in the manner stipulated by this Agreement throughout the entire duration of the Agreement and, upon its expiration and/or termination, for a period of five (5) years.

7.4. The Website uses “cookies” and other technologies to monitor the actions of the Customer, Corresponding Author, and Author(s). These data are necessary to optimize the technical operation of the Website and improve the quality of the Service. The Website automatically records information (including URL, IP address, browser type, language, date and time of request, and any actions on the Journal’s Website) of each visitor and user.

The Publisher may combine personal data obtained from the Customer with information (including demographic, geographic, educational, professional data, number of visits to the Website, total time spent on the Website, etc.) received from other services on the Publisher’s websites or from independent sources to improve the quality of the Service.

The Customer may refuse to provide personal data when visiting the Website or disable cookies, but in this case, not all features and services of the Website may function properly.

7.5. Information publicly disclosed by the Parties during the performance of this Agreement, as well as information that may be obtained by the Parties or third parties from sources freely accessible to anyone, is not considered confidential.

7.6. The Publisher takes all necessary measures to protect the confidentiality of the Customer’s personal data from unauthorized access, alteration, disclosure, or destruction, including:

7.6.1. Ensuring continuous internal monitoring of data collection, storage, and processing procedures, as well as their security.
7.6.2. Ensuring the physical security of the database to prevent unauthorized access to technical systems that support the operation of the Website.
7.6.3. Providing access to personal data only to authorized employees of the Publisher who require such information to fulfill duties directly related to providing the Service to the Customer, as well as operating, developing, and improving the Website.

8. INTELLECTUAL PROPERTY RIGHTS

8.1. The copyrights to the articles published on the Journal’s Website belong to the Author(s).

8.2. Articles on the Website are published in accordance with open access standards and are distributed under the Creative Commons Attribution 4.0 International (CC BY 4.0) license, which permits unrestricted use, distribution, and reproduction of the content in any medium, provided the Author(s) and the source are properly cited.

9. LIABILITY OF THE PARTIES

9.1. The Parties shall be liable for failure to perform or improper performance of their obligations under this Agreement in accordance with the applicable legislation of Ukraine.

9.2. The Customer and the Corresponding Author bear joint and several liability for the content and accuracy of the data contained in the registration form.

9.3. The Publisher may not share the opinion of the Author(s) of the article submitted by the Customer and shall not be liable for the content of any published author materials.

9.4. The Author(s) bear full responsibility for the content of the author materials contained in the article, including the use of any third-party materials or research, as well as for any results and conclusions presented therein. The Author(s) also independently assume all risks arising from claims by third parties regarding the violation of any third-party rights and undertake to independently resolve any material claims made by such third parties.

9.5. In the event that the Publisher retracts the published article in accordance with clause 4.1.27 of this Agreement, the payment made by the Customer for the provided Service shall not be refunded.

9.6. The Publisher shall not be liable for and does not guarantee the accuracy or relevance of any information posted on the Journal’s Website.

9.7. The Publisher shall not be liable for the indexing of articles published on the Journal’s Website in any international scientometric databases or any other indexing systems or databases owned by third parties.

9.8. The Publisher shall not be liable to the Customer or third parties for partial or complete non-performance of its obligations caused by force majeure, meaning any extraordinary and unavoidable circumstances beyond the Publisher’s control. Such circumstances may include, but are not limited to: natural disasters; industrial or environmental catastrophes; terrorist acts; military actions; civil unrest; enactment of acts by public authorities or local self-government bodies that impose prohibitions or restrictions on the Publisher’s activities; other circumstances that could not have been reasonably foreseen by the Publisher, including: server failures (caused by the hosting provider or other parties), telecommunications or power grid outages, unlawful acts of third parties, consequences of viruses or other malicious software, etc.

10. FORCE MAJEURE CIRCUMSTANCES

10.1. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement if such performance is prevented by an extraordinary and unavoidable event under the given conditions (force majeure). In this case, the deadline for fulfilling obligations under the Agreement shall be postponed for the duration of such circumstances.

10.2. The list of force majeure circumstances is determined in accordance with the regulations on certification of force majeure circumstances issued by the Chamber of Commerce and Industry of Ukraine and regional chambers of commerce and industry.

10.3. If the circumstances specified in clause 10.1 of this Agreement continue for more than thirty (30) calendar days, either Party shall have the right to terminate this Agreement by notifying the other Party in writing at least fifteen (15) calendar days prior to the termination date.

11. TERM, AMENDMENT AND TERMINATION OF THE AGREEMENT

11.1. The Offer and the Agreement become effective from the moment the Customer accepts this Offer in accordance with clause 2.2 of this Agreement and remain in force until the full performance of the Parties’ obligations (including compensation for all damages) under this Agreement or until its termination.

11.2. In the event of a violation of clause 4.3.1 of this Agreement, the Publisher has the right to terminate this Agreement early and unilaterally, without prior notice to the Customer.

11.3. Amendments and additions to this Agreement may be made by the Publisher unilaterally at any time without prior notice to the Customer by publishing them on the Journal’s Website. The version of the Agreement that was in effect at the time when the relevant legal relations arose shall apply to such legal relations. The Customer is not entitled to make amendments or additions to this Agreement.

12. FINAL PROVISIONS

12.1. Matters not regulated by this Agreement shall be interpreted in accordance with the current legislation of Ukraine.

12.2. In the event of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations. If it is not possible to reach a pre-trial settlement, the Parties have the right to apply to the court.

PUBLISHER

LIMITED LIABILITY COMPANY “VIOLD”
EDRPOU 42126138
Phone: +38 (063) 593-30-41
E-mail: support@smart-scm.org