GENERAL STANDARD TERMS AND CONDITIONS OF GRIN PUBLISHING OHG
- A. GENERAL STANDARD TERMS AND CONDITIONS FOR THE PUBLICATION OF TEXTS AS AN E-BOOK
(Status as at: January 18 2008) - B. GENERAL STANDARD TERMS AND CONDITIONS FOR BUYERS OF E-BOOKS
(Status as at: March 22 2007) -
C. CONTACTS
A. GENERAL STANDARD TERMS AND CONDITIONS FOR THE PUBLICATION OF TEXTS AS AN E-BOOK
I. CONDITIONS FOR PUBLICATION AS AN E-BOOK IN THE MARKETING AREA
Object of agreement
With the upload of his works, the author authorizes GRIN OHG, Marienstr. 17, D-80331 Muenchen (hereinafter: GRIN) to act as his agent, subject to the following terms and conditions, in offering his works to interested buyers.
GRIN shall receive from the author a complete digital copy of his work(s).
By uploading any scientific paper, the author certifies that the uploaded version of the work has been submitted to an institute of higher education. If the work has been graded, the author has given the correct grade on the upload form.
All quotations in the work(s) have been marked as such and the sources correctly given. The author has ascertained that the work is complete - i.e. including table of contents, bibliography, annex and any tables and graphs that have in fact been used - and that it meets the general requirements of a scientific work.
The author understands and agrees to the terms and conditions of GRIN Publishing, that anything he uploads will be electronically saved. In addition, the author understands that parts of his text(s), including information (except personal information) from the upload form may also be published.
The catalogue and the search function for the archives may also be incorporated into partner sites, e.g. SPIEGEL ONLINE. In this respect, no personal data are passed on to third parties.
GRIN shall be entitled to record, edit (though not the content), convert and store the work in databases. GRIN shall be entitled to set the selling price and adjust it at its discretion to meet market conditions. In final examination papers (e.g. Master Thesis) the author may choose the price after consultation with GRIN.
In exceptional cases - e.g. to uncover copyright infringements by other students - GRIN shall also be entitled to pass on the author's work to lecturers or examiners free of charge.
2. Activities of GRIN
GRIN shall act on the author's behalf in handling the inclusion of the paper in the archive, the publication of the work, the storage or saving of the digital submission copy, the transfer of the work to the buyers and the recording and arrangement of the commission.
GRIN may use the services of providers of various payment systems (e.g. Click & Buy, Amazon). However, GRIN is authorized to use their own discretion in deciding how the handling of payment will be executed. GRIN may choose to handle the transfer of payment itself.
3. Royalties
GRINs activities for the works are free of charge for the author. For each scientific final paper (final examination papers and doctoral, Bachelor and Master theses) sold, the author shall receive 40% of the net selling price, for other scientific papers 35% of the net selling price. The author's royalties shall be transferred to an account specified by the author or paid through a recognized payment system on a quarterly basis.
GRIN shall be entitled to select the type of disbursement (bank transfer, payment systems, etc.). If the quarterly royalties are below EUR 20, the fee may be paid annually.
Since sales may be settled by a payment-system provider, the authors' fees shall not be disbursed until the amounts are credited to GRIN's account. Prior to such time, the author shall have no claims against GRIN.
The author shall notify GRIN without delay of any change of address, bank details and email address. GRIN shall be under no obligation to make inquiries. The author is aware that, following an unsuccessful transfer and a waiting period of four weeks, the claim to his fee passes to GRIN.
Special arrangements for authors based abroad: In the event that no banking connection exists in Germany, GRIN is entitled to hold the author's royalties until they have accumulated to an amount of 50 Euros. The author bears the costs of the money transfer (e.g. check payment, bank charges, etc.).
4. Copyrights
The author affirms that the exploitation rights to the work lie with him and that they have not been transferred exclusively to other natural persons or legal entities.
The contract with GRIN is non-exclusive, so that it does not affect the author's exploitation rights, i.e. such rights shall continue to lie with the author exclusively. This being so, the author may also make other use of his work, e.g. in self-marketing or publication by other publishing houses. However, the author is not permitted to sell his texts on Amazon or Ebay.
The author has inquired whether sale of his work is permissible under examination or other regulations. In addition, he has acquired a permit for commercial exploitation, wherever his work has come about in collaboration with organizations, institutions or companies. Any inadmissible sale shall be the author's own responsibility.
To the extent that the work was produced together with other persons (co-authors), the auhtor must have their consent for marketing and publication.
The author grants GRIN a non-exclusive, transferable, spatiotemporal positive covenant for
(I) the non-corporal and corporal duplication and publication in digital form
(II) the duplication and publication through photo-mechanic means including telecopy
(III) the duplication and publication on machine-readable data media (diskettes, CD-ROMs, DVDs, storage cards, etc.), meaning offline-usage, also in advance and in extracts
(IV) the electronic storage in databases and for the distribution to the public, also on the internet for the individual download to be read on the screen or to be printed out by the user, also in advance and in extracts
(V) the processing of the works for the purpose of digitizing, editing and formatting
5. VAT
For authors in Germany: If the author markets his text(s) in the scope of his company which is liable to VAT or if the author becomes liable to VAT while his texts exist in the GRIN archive, he must immediately inform GRIN about his tax liabilities. Belated notifications will not be considered. Please fax the corresponding verification to +49(89)-550-559-10. In the case I am liable to VAT, GRIN will pay the additional tax on the received royalties.
For authors outside Germany: GRIN will not pay out any statutory VAT on the royalties.
6. Termination, Revocation
This Agreement may be terminated at any time by GRIN without stating reasons. By the author, the contract may be terminated one (1) year after uploading a paper. The cancellation can be submitted by e-mail to en@grin.com or by fax or letter. In such a case, GRIN shall destroy the digital version within four weeks and remove the work from the online archive. Current orders may still be fulfilled.
Pursuant to sec. 312 d of Germany’s Civil Code (BGB), the author has a right to revocation in addition to the general right to termination. Revocation requires no reasons. The term for revocation is two weeks and commences with the uploading of the first text. For adherence to the terms, timely sending of the revocation notice, e.g. by email to info@grin.com, shall suffice.
However, the right to revoke, pursuant to sec. 312 d III BGB, shall extinguish at the latest as soon as GRIN has commenced its marketing activities with the consent of the author prior to expiry of the revocation term or if the user has arranged for the same himself; otherwise no later than within four months of contracting.
7. Amendments
Amendments to these General Business Conditions: GRIN reserves the right to amend these terms and conditions of use. This shall apply in particular if an amendment becomes necessary due to mandatory provisions of statute, or if an extension to the use offerings necessitates such amendment. The user shall be notified in electronic form by email of any amendments to these terms and conditions of use. They shall be deemed approved unless the user objects in writing or by email. GRIN shall point out this consequence when any amendments are announced. The user must submit an objection to GRIN within one month of the announcement of any amendments.
8. Severability Clause
Should any provision of this Agreement be ineffective, this shall not affect the validity of the remaining provisions. Any invalid term shall be replaced with a valid provision reflecting as closely as possible the intent and purpose of the parties hereto.
II. CONDITIONS FOR PUBLICATION AS AN E-BOOK IN THE FREE ARCHIVE
1. Object of agreement
By sending GRIN a file, the author agrees to GRIN storing his text(s) in its computer systems, to editing, converting and storing it/them in a database, and making it/them available within the scope of GRIN. The catalogue and the search function for the archives of GRIN may also be included in partner sites, e.g. SPIEGEL ONLINE. In this respect, no personal data are passed on to third parties.
2. Copyright
The author herewith affirms that he is the holder of the copyright for the text and grants GRIN a non-exclusive, transferable and unlimited right to use it for the above purposes (the copyright remains with the author). The author grants GRIN the right for
(I) the non-corporal and corporal duplication and publication in digital form
(II) the duplication and publication through photo-mechanic means including telecopy
(III) the duplication and publication on machine-readable data media (diskettes, CD-ROMs, DVDs, storage cards, etc.), meaning offline-usage, also in advance and in extracts
(IV) the electronic storage in databases and for the distribution to the public, also on the internet for the individual download to be read on the screen or to be printed out by the user, also in advance and in extracts
(V) the processing of the works for the purpose of digitizing, editing and formatting
The author also affirms that he has duly stated all sources and properly marked quotations as such in their length and origin. In addition, the author affirms that he is aware that any non-observance of scientific standards as to the length and the stating of the sources of any quotations is a breach of copyright.
The author alone shall be responsible for any infringements of third-party rights. The author shall indemnify GRIN against any claims.
The author has inquired whether sale of his work is permissible under examination or other regulations. In addition, he has acquired a permit for commercial exploitation, wherever his work has come about in collaboration with organizations, institutions or companies. Any inadmissible sale shall be his own responsibility.
To the extent that the work was produced together with other persons (co-authors), the author must have their consent for marketing and publication.
3. Print version
In addition to publication in the free archive, GRIN shall be entitled to publish a PDF print version subject to a charge. This print version is offered to users of GRIN for a fee. The author demands no remuneration from GRIN.
B. GENERAL STANDARD TERMS AND CONDITIONS FOR BUYERS OF E-BOOKS
1. Subject matter of services
GRIN OHG, Marienstr. 17, D-80331 München, Partners: Patrick Hammer, Tanja Hammer, Matthias Knoop, Julius Mittenzwei, Georg Steinbach, - hereinafter: "GRIN" - offers buyers - hereinafter: the "Buyer(s)" - the service of acquiring publications for a fee. Any agreements on the delivery of publications to companies are exclusively subject to the following General Standard Terms and Conditions of GRIN which the Buyer accepts when placing an order. Any business conditions of the Buyer deviating from or conflicting with these General Standard Terms and Conditions shall not apply, unless expressly acknowledged by GRIN in writing.
2. Online-Download
The Buyer may download the publications from the Internet pages of GRIN (e.g. http://www.grin.com, http://www.hausarbeiten.de) and associated partnersites (e.g. http://www.amazon.de, http://www.spiegel.de) as a zipped PDF file.
The Buyer shall pay the price stated online for a publication when downloading it by inputting his click&buy user data in the input prompt provided for this purpose. The Buyer incurs no postage.
Immediately after the user data have been successfully input, the online download link will be sent to the buyer. The Buyer may download a file within 24 hours.
3. CD-ROM and E-Mail orders
On inquiry, documents may be dispatched on CD-ROM or E-Mail.
GRIN accepts orders for the delivery of documents on CD-ROM or E-Mail faxed to +49 (089) 55055910, by letter sent to GRIN OHG, Marienstr. 17, D-80331 Muenchen, or by E-mail (info@grin.com).
Each order constitutes an offer to acquire the merchandise ordered within the meaning of sec. 145 of Germany’s Civil Code (BGB). A contract on the delivery of the merchandise comes into existence upon the acceptance of the order by GRIN. No explicit declaration of acceptance given to the Buyer is required since the Buyer waives this option pursuant to sec. 151, sent. 1 BGB. The merchandise is dispatched together with an invoice.
Orders from outside Germany may be verified by GRIN over the telephone or by email. In any orders, GRIN shall be entitled to deliver subject to advance payment only.
4. Terms of payment
The prices for the offered scientific publications are based on those stated on the Internet pages of GRIN (e.g. http://www.grin.com, http://www.hausarbeiten.de) and of associated partner sites (e.g. http://www.amazon.de, http://www.spiegel.de). In respect to each publication, the Buyer shall pay GRIN a fee in the amount of the corresponding price, including value-added tax.
The basic price of a publication stated online only refers to purchases made by download. Buyers of a click&buy download file may generate an invoice via their access to click&buy online.
The Buyer shall pay GRIN an additional EUR 10,00 (p&p) for dispatches of publications on CD-ROM inside Germany. The Buyer shall pay GRIN an additional EUR 5,00 (p&p) for dispatches of publications via email. For dispatches on CD-ROM inside Germany, the Buyer receives an invoice along with the delivered merchandise. The invoice is due and payable immediately after receipt. Outside Germany, the additional fee for CD-ROM dispatches may vary.
5. Retention of title
Pending payment in full of all claims against the Buyer pursuant to Art. 4 of these General Standard terms and Conditions, GRIN shall retain title to any delivered merchandise.
6. Rights of use
All rights of exploitation of the various publications under copyright law remain with the author.
The Buyer shall not be entitled to duplicate, disseminate or publicly display publications.
Individual duplicates, e.g. copies and printouts, may only be made for private and other personal use (sec. 53 of Germany’s Copyright Act (UrhG)). The production and dissemination of further duplicates shall only be permissible subject to express consent.
7. Warranty; complaints
Complaints based on substantive defects in publications are excluded. GRIN assumes no responsibility for the content and design quality of the various academic papers, specifically the presentation, structure, functioning state of any processes described therein, or the correctness of any data and results produced. The writers themselves are responsible for the content of their publications. GRIN does not warrant that the papers have been drawn up, graded and published according to statutory provisions, specifically examination regulations.
If the Buyer receives evidently damaged or incomplete merchandise, he shall file a written complaint with GRIN, by email or telephone on +49 (089) 5505590 within 8 days of receipt of the merchandise. In the case of incomplete scientific publications, GRIN shall ensure post-performance within 10 days, namely - at its discretion - by completion (removal of defects) or subsequent delivery (replacement delivery) of the version. If post-performance fails, or GRIN refuses post-performance, the Buyer shall be entitled to rescind the contract.
In the publications, names of companies or sensitive corporate data may have been made unrecognizable by renaming, blackening out or deletion.
8. Liability
GRIN shall not be liable for damage/loss not occurring in the merchandise itself, specifically for lost profit or other financial loss of the Buyer, unless based on gross negligence or wilful act of GRIN.
In the case of slight negligence, GRIN shall only be liable for infringements that are of the essence of the contract (cardinal duties, i.e. essential contractual obligations). For the rest, the contractual and non-contractual liability of GRIN shall be limited to wilful act and gross negligence, with such restriction on liability also applying to acts of any vicarious agent of GRIN. This restriction on liability shall not affect claims for compensation based on personal injury or on Germany's Product Liability Act (ProdhaftG).
9. Inspection of the contract text of the General Standard Terms and Conditions
The Buyer may inspect the general contractual conditions at any time by opening this page. The Buyer's specific order data cannot be viewed using the Internet for security reasons and are treated in strict confidence.
10. Data protection
The Buyer agrees that any personal data may be stored. The Buyer gives his express consent to the collection, processing and use of his data, wherever his consent is required in a specific case. The stored data shall be collected, processed and used exclusively to the extent necessary to bring about, shape or amend the contract.
11. Final provisions
The courts at Munich, Germany shall have exclusive jurisdiction in any disputes ensuing from this contractual relationship. Any disputes ensuing from this contractual relationship shall be subject to German law only.
Should any provision of this Contract be ineffective, this shall not affect the validity of the remaining provisions. Any invalid term shall be replaced with a valid provision reflecting as closely as possible the intent and purpose of the parties hereto.
C. YOUR CONTACTS
GRIN OHG Muenchen
Marienstr. 17
D-80331 Muenchen
en@grin.com
Fax: +49 89 55055910
Ust. ID-Nr.: DE212031523
Amtsgericht München: HRA 90589
Partners of GRIN OHG:
Patrick Hammer
Tanja Hammer
Matthias Knoop
Julius Mittenzwei
Georg Steinbach