BioMed Central – Supporter Membership Contract
Schedule
PARTIES
Name: BioMed Central Limited (“BMC”)
Current address: Floor 6, 236 Gray's Inn Road, WC1X 8HB, UK
OTHER PARTY INFORMATION
Name: (“The Organization”)
Current address:
ELIGIBLE USERS OF SUPPORTER MEMBERSHIP
For Academic - means the students enrolled or accredited to the Organization and the teaching and research staff employed by
or otherwise accredited to the Organization.
For Corporate - means every member of staff employed by or otherwise accredited by the Organization in research and
development in the furtherance of the Organization’s business.
For Societies - means the teaching and research staff employed or otherwise authorized by the Organization.
For Government – means the staff employed by or otherwise engaged in research under the auspices of the agency, laboratories,
or offices under the jurisdiction of the organization.
MEMBERSHIP FEE:
THE TERM: [12] months from the Commencement Date
COMMENCEMENT DATE: On receipt of payment
PRODUCTS
Products to (to which the Institution is entitled to a discounted subscription or license pursuant to clause 2.3)
Arthritis Research & Therapy
Current Opinion in Investigational
Drugs
Genome Medicine
Biology Image Library
Breast Cancer Research
IDrugs
Critical Care
Current Opinion in Drug Discovery &
Development
Stem Cell Research
Genome Biology
Current Opinion in Molecular
Therapeutics
Alzheimer Research & Therapy
SPECIAL TERMS
BioMed Central Limited, 236 Gray’s Inn Road, London WC1X 8HB, UK
BioMed Central Limited is part of Springer Science+Business Media. VAT No. GB 823 8263 26 Registered in England and Wales No. 3680030
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BioMed Central – Supporter Membership Contract
Schedule
SIGNATURES
The parties agree to the terms of this Membership Contract which incorporates the Membership Terms and Conditions attached.
Signature of Organization:
Date:
Name and position of signatory:
Signature of BMC:
Date:
Name and position of signatory:
MEMBERSHIP TERMS AND CONDITIONS
1. DEFINITIONS
In this Contract, unless the context requires the following expressions have the following meanings;
1.1 Eligible Users are those persons identified in the Contract.
1.2 Article Processing Charges means the charges levied by BMC from time to time on the submitter of primary research material
prior to publication.
1.3 The Site means the Internet Site at the URL www.BioMedCentral.com
1.4 The Institutions Page means a web page on the Site dedicated to the Member Institution on which the Institution is able to
display its logo (if so required), the articles by authors from that Institution that have been published in any of the journals
published by BioMed Central, PhysMath Central, Chemistry Central and SpringerOpen, and any other articles by authors from
that Institution, provided the bibliographic details are available on an OAI-compliant server at the Institution
2. BMC’s OBLIGATIONS
In consideration of the payments made by the Institution and subject to the terms and conditions of this Contract BMC shall
during the term of this Contract;
2.1
Give Eligible Users or Institutions a 15% discount on the Article Processing Charges for any primary research material
submitted by a Eligible User or the Institution that is selected for publication on the by BioMed Central, PhysMath
Central, Chemistry Central and SpringerOpen Site
2.2
List the Institution on the Web Site as a Supporter Member ;
2.3
Grant a discount of 10% of the applicable subscription price for any institutional subscription or licence to any of the
Products taken by the Institution.
2.4
Provide all Members with the development and supply of automated repository deposits (via SWORD feeds) of published
research articles, non supplement articles or non commissioned subscription content to all BioMed Central, PhysMath
Central, Chemistry Central and SpringerOpen submitted by an affiliate of your organization to the Member’s institutional
repository for the duration of the Membership where technically feasible. For more information on automated repository
deposits see http://www.biomedcentral.com/info/libraries/sword. Should the Membership be terminated for any reason
the Organization will have a grace period of 3 calendar months before SWORD feeds are deactivated. The organization
may continue using SWORD feeds after the grace period with a subscription fee determined by BMC
BioMed Central Limited, 236 Gray’s Inn Road, London WC1X 8HB, UK
BioMed Central Limited is part of Springer Science+Business Media. VAT No. GB 823 8263 26 Registered in England and Wales No. 3680030
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2.5
2.6
Can provide email notifications each time an Eligible User submits under the organization’s Membership. If the
submitting author is not an Eligible User it is the organizations responsibility to inform BioMed Central within 14 days of
submission. BioMed Central will not remove an article from under the Membership after 14 days nor will BMC refund any
APC should it go on to publication.
Can provide email notifications each time an Eligible User submits under the organization’s Membership. If the
submitting author is not an Eligible User it is the organizations responsibility to inform BioMed Central within 14 days of
submission. BioMed Central will not remove an article from under the Membership after 14 days nor will BMC refund any
APC should it go on to publication.
3. EDITORIAL INDEPENDENCE
Nothing herein contained shall oblige BMC to publish any article submitted to BMC by a Eligible Users or the Institution. The
Institution acknowledges that the selection of material to be published on the Site is entirely at the discretion of BMC and the
Institution waives any claim it may have against BMC in the event that BMC refuses or declines to publish any material (or part
thereof) submitted by a Eligible Users or the Institution.
4. TERMS OF PUBLICATIONS
The Institution acknowledges that before any material submitted by a Eligible Users or the Institution will be accepted for
publication the author and (if different) the owner of any copyright in such material will be required to agree to BMC’s then
existing terms and conditions of publication (including without limitation the terms relating to Open Access).
5. INSTITUTIONAL MEMBERSHIP FEE
The Institution agrees to pay to BMC the Membership Fee within 30 days of the Commencement Date. Provided that BMC is
satisfied with the manner in which the Institution has performed its obligations under this Contract the Institution will receive
before the end of the Term an invoice for fees for renewal of the Contract for a further period of one year. If the Institution
does not pay the renewal fees by the end of the Term, BMC will assume that the Institution does not wish to renew the
Contract and the Contract will terminate. All amounts payable by the Institution under this Contract shall be exclusive of any
sales, value added or similar taxes.
6. TERM AND TERMINATION
6.1
This Contract shall begin on the Commencement Date and continue for an initial period of the Term as defined in the
Schedule. The Term may be renewed for additional one year periods, subject to payment of appropriate fees and
acceptance thereof by BMC, in accordance with Clause 5.
6.2
Either party may terminate this Contract at any time upon written notice to the other if the other party defaults by failing
to perform any obligation on its part. The termination will become effective thirty days after receipt of written notice
unless, in the case of a remediable default, during the relevant period of thirty days the defaulting party has remedied
the default.
6.3
Either party may terminate the Contract forthwith on notice in writing to the other if the other party is unable to pay its
debts or ceases or threatens to cease to carry on business, goes into administration, receivership or administrative
receivership, or any event analogous to any of the foregoing occurs in any jurisdiction.
7. FORCE MAJEURE
Either party's failure to perform any term or condition of this Contract as a result of conditions beyond its control such as, but
not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities
or services, shall not be deemed a breach of this Contract.
8. NOTICE
Any notice to be served on either party by the other made under this Contract shall be in writing sent by prepaid recorded
delivery or registered post to the address of the addressee as set out in the Schedule or to such other address as notified by
either party to the other as its address for service of notices and all such notices shall be deemed to have been received within
48 hours after posting.
9. LIABILITY
9.1
Neither party excludes or limits liability to the other party for death or personal injury caused by its own negligence or
any other liability the exclusion or limitation of which is expressly prohibited by law.
9.2
Except as provided for in Clause 9.1 above, the liability of BMC in respect of any and all claims (whether in contract or
in tort) arising out of or in connection with this Contract is limited in respect of each event or series of connected events to the
greater of US$10,000 or an amount equal to the Membership Fees paid under this Contract.
9.3
Except as provided for in Clause 9.1, notwithstanding anything else contained in this Contract in no event shall BMC be
liable to the Institution for:
(a)
loss of profits, business, revenue, goodwill, anticipated savings; and/or
(b)
indirect, special or consequential loss or damage.
10. GOVERNING LAW
The Contract is governed by and construed in accordance with English Law and the parties agree to submit to the non-exclusive
jurisdiction of the English courts.
BioMed Central Limited, 236 Gray’s Inn Road, London WC1X 8HB, UK
BioMed Central Limited is part of Springer Science+Business Media. VAT No. GB 823 8263 26 Registered in England and Wales No. 3680030
T +44 (0) 20 3192 2000
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+44 (0) 20 3192 2010
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www.biomedcentral.com
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info@biomedcentral.com
11. SEVERABILITY
In the event any provision of this Contract is held by a court or other tribunal of competent jurisdiction to be contrary to law, the
remaining provisions of this Contract will remain in full force and effect.
12. WAIVERS
No provision of this Contract or breach thereof may be waived except in writing signed by the party against whom the waiver is
sought to be enforced.
BioMed Central Limited, 236 Gray’s Inn Road, London WC1X 8HB, UK
BioMed Central Limited is part of Springer Science+Business Media. VAT No. GB 823 8263 26 Registered in England and Wales No. 3680030
T +44 (0) 20 3192 2000
F
+44 (0) 20 3192 2010
W
www.biomedcentral.com
E
info@biomedcentral.com