Terms and Conditions

for publications that appear in the European University Press. For books from university presses that appear as part of the network of university presses, the terms and conditions of the respective university presses apply.

Publication terms and conditions of the European University Press (GmbH)
I. Subject matter and scope

1. Creators of the work, usually authors / editors / translators / artists, and the European University Press GmbH (Publishing House) agree that for these publication terms and conditions the Dutch law should apply. The transfer of rights in the publication terms and conditions concern reproduction rights and all trade mark rights that are derived from copyright or rights to use the work (right of reproduction, right to change, for resale, etc.). The transfer of rights also includes the copyright. If a court does not recognize the application of the Dutch law in a dispute, but the application of another national law which precludes the transfer of copyright, then these publication terms and conditions remain unchanged in all other transfers of rights. Works are written, handwritten or as electronic documents (if necessary including text, pictures, movies, programs, data, etc.) which are offered directly to the Publishing House or via an electronic platform for publication. The publication of works is carried out under the following conditions. Oral agreements require a written confirmation in order to be binding. The creator of the work guarantees the Publishing House that he owns the copyright, work use rights and reproduction rights for the submitted work, that no rights of third parties are infringed and the Publishing House transfers these rights objectively and spatially unlimitedly for the duration of the statutory copyright solely. With dissertations the creator of the work leaves the Publishing House the original of the imprimatur and ensures the delivery of copies of the report to the Publishing House. Those referred to in these publication terms and conditions are standard conditions. If the specified conditions for individuals have been agreed in a side agreement of other conditions, those agreed conditions in the side agreement take precedence, however the other standard conditions of the publication conditions still remain valid.

2. The owner of the rights to the work transfers the exclusive right to reproduce and distribute the work over to the Publishing House, as well as any side rights to the work, such as: Preprints of the work or parts of it in newspapers and magazines as well as reading on the radio and television before publication of the work; Reprints of the work or parts of it in newspapers and magazines as well as the reading on the radio and television after publication of the work; Reprints as book club, paperback, popular, special, school and reprint editions on their own or as licensed editions in a foreign publishing house in textbook editions and anthologies in parts;
The right of the publishing or licensure of abridged editions;
Utilization or adaptation of the work for stage and film, as well as for mechanical reproductions on audio tapes, disks and any other image and sound recordings as well as the derived demonstration and corresponding exploitation rights, including download; presentation of the work by third parties; setting of the work;
Publishing of microscopy editions;
Publishing of the work on digital media, such as CD-ROM, hard drives and other methods in the context of "Electronic Publishing", including reduced fee or free and access rights, previews, searchability, a download option, combinations with print editions; full text search online and eBook; you allow VG Wort to protect your rights according to the respective version of the eligibility contract ;
The changing of the work (eg editing, revised edition, shortening, publication of parts or as part of a larger work).

3. The Publishing House reserves the right to transfer all its rights hereafter to a third party or grant third parties rights to use this right.

II. Price Offer

1. If a free publication is not agreed, but an offer is made, this offer is binding for the first three months. It is subject to an inspection of the original manuscript / works of the creator of the work. The offer is only binding if the data and numbers on which the offer was based do not change. In any case, the final number of printed pages is the deciding factor for the cost of implementation / dissemination etc. and the amount to be paid by the creator of the work. (in audio or electronic publications the size of the file, time and effort).

2. If the creator of the work does not explicitly state that he wants his work to be published as it is, (e.g. direct online publication) a proof is usually created. If the Publishing House has made formatting mistakes and the creator of the work claims that the Publishing House should correct them, the Publishing House will then consult an expert of formatting who will approve the mistake without charging the creator of the work. However, the creator of the work will be charged for the correction of mistakes of which the Publishing House is not responsible for, such as difficulties reading the manuscript or loss of data as a result of different file formats or data transfer (like lost diacritical symbols in PDF documents). Altered cross-reference numbers are provided by the creator of the work and are available using automatic functions and are reviewed by the creator of the work in the galley proof, the Publishing House is not obliged to check that the cross-references are accurate. After the creator of the work has received a proof, he may request changes, which will be executed and billed to the creator of the work according to the workload of executing the corrections. The creator of the work should settle the discounts on receipt after looking through the first corrections within two days and in cases where there are more corrections within a week. The production time increases considerably because the creator of the work exceeds the predetermined proofreading time significantly, in the meantime the Publishing House has the right to pass on the occurred increase in prices to the creator of the work. The PDF proof only contains the costs for the recreation of images, if this was explicitly mentioned in the offer. The creator of the work is responsible for costs if his work needs to be proof-read for orthographic, stylistic mistakes or formatting errors. It is the decision of the Publishing House and certain, questioned experts (usually a lecturer, possibly a University Professor of German studies) whether the Publishing House may correct orthographic or stylistic errors that they find in the work. The Publishing House is not obliged to correct typos (for example by proofreading the paper).

3. The creator of the work is able to order further author copies in addition to his free copies up until the print date at an agreed special price. The Publishing House reserves the right, however, to explicitly put a limit on the quantity of these copies.

4. If the delivery of the manuscript is delayed by more than six months after the price offer, the Publishing House reserves the right to pass on the price increases of the media industry, including graphic design.

III. Manuscript

1. Up until the work has been delivered, the creator of the work carries the risk of losing the work. The creator of the work is obliged to ensure that the documents made available to him by the Publishing House (for example, original manuscript translations, etc.) are carefully stored and protected from being accessed by third parties.

2. The creator of the work transfers the right to change his work e.g. transferring the work into another medium (from novel to film) and to edit his work e.g. style to the Publishing House. If the work is thereby changed so much, that in this way the moral rights of the creator of the work could be injured, the work creator is entitled to the getting the Publishing House to withhold the mention of his name as a creator of the work.

3. The creator of the work agrees to proof read the proof immediately upon receipt and to request for or apply corrections, for which he does not bill the Publishing House. The creator agrees to finish the proof reading as soon as possible, to submit the revisions in a timely manner, and to give the permission for publication immediately afterwards. If the creator of the work has declared his consent for publication and afterwards asks for additional corrections, this extra amount will be billed extra to the creator, even if a lump sum was agreed upon. The Publishing House can set aside these claims if the additional workload does not exceed 10% of the original workload.

4. The creator of the work is responsible for an error-free text with all forms of production. The Publishing House is not obliged to proofread the work. If, however, the Publishing House finds more errors, in addition to the errors found by the creator of the work, the creator of the work is responsible for the cost of error correction.

5. If the creator of the work and the Publishing House agree on a direct print of the manuscript, the manuscript needs to fulfill commonly applied graphical standards or, if existing, the standard of the series in which the work appears. The Publishing House reserves the right to reject the supplied work of the creator or to request improvement, if a reasonable reproduction result is not expected.

6. The Publishing House may retouch the creator of the work’s delivered typescript without consulting him free of charge but the Publishing House will not change the content of the text. It is the decision of the Publishing House and certain, questioned experts (usually a lecturer, possibly a University Professor) whether the Publishing House may correct errors that they find in the work.

7. The exact book title, the heading of the title and the subtitle is also the responsibility of the Publishing House. It depends primarily on aspects of marketing and should take into account whether a considered title has previously been used. If a dissertation thesis is published as a book, and if the topic does not appeal to a larger audience (exceeding the group of experts in the field), the Publishing House in general keeps the title as proposed by the creator of the work.

IV. Design and layout of the book / media-copies

1. The choice of medium, with print media, the design of the cover, the title and the text for the back cover, the choice of material and the refinement of the cover, and the choice of the paper is the primary responsibility of the Publishing House. Generally, a colored, glossy title page in soft cover binding is used for print media. If desired, there is also the possibility of hard cover binding. In electronic media, this applies accordingly for the design of media packaging. For digital publication e.g. publication on the Internet, the cover can be omitted. The Publishing House reserves the right to redesign the covers of the contribution and also after offers and in new editions. Equally reasoned editorial changes to the author’s submitted manuscript and advertising texts remain reserved (updates, consideration of new literature or findings etc.).

2. The Publishing House agrees to give the name of the creator of the work in the preliminaries and in the imprint. In the case of granting ancillary rights to third parties, the Publishing House fights for the appropriate citation of the work of the creator.

V. Payment and time for payment

1. After the work has been submitted, an invoice will be issued to the creator of the work for half of the full payment. The remaining half of the payment will be payable when the galley proof has been delivered to the author. Invoices are payable immediately upon receipt. Discount cannot be granted. The entire printing costs, for creators of work who are resident abroad or go abroad for a long time during the production of the book / medium, will be payable the after delivery of the print-ready manuscript. However, the Publishing House is willing to accept a bank guarantee for the second part of the payment.

2. If the creator of the work is in default with the first installment of the printing subsidies despite a reminder of the publishing house, the publishing house can suspend the production of the publication and ask for the settlement of the full amount even before the proof is sent to the creator of the work.

VI. Delivery

1. The production period begins on the day on which the publishing house was provided with the complete and ready manuscript incl. all forms provided by the publishing house and filled in by the creator. If the creator of the work exceeds the manuscript delivery date which is stated in the Publishing House contract, the Publishing House may be fix a new completion date. If the publishing house needs to apply unforeseen changes/corrections to the book/product, e.g. enhancements of images, or if the production process is interrupted directly or indirectly by the creator of the work, the publishing date will be delayed accordingly.

2. In case of a delay in the completion of the book/product, the Publishing House is granted a grace period of at least six weeks. Compensation claims about the production of the book / product are not valid.

3. Strikes, lockouts, war, riots and all other cases of high violence do not entitle you to cancelling the contract. The principles about the frustration of purpose are not affected.

4. The Publishing House sends author copies with due diligence, however it is only liable for gross negligence. Dispatch is at the risk of the creator of the work. If the creator of the work resides inland, obligatory copies will be dispatched to the authors by mail or parcel services, free of charge. For deliveries abroad, the shipping charges will be invoiced.

VII. Complaints / warranty

1. According to the publication terms and conditions, the book / product is published on behalf of the Publishing House. The Publishing House will therefore examine the production results carefully. The publishing house also commits itself to check complaints of the creator of the work in front of the background of standards of graphic design and print production as well as according to the publishing houses rich and long experience in this field. If the Publishing House concludes at its sole discretion that the creator of the work’s complaint does not allow a claim against the supplier of the Publishing House, it will inform the creator of the work. The creator of the work is then free to decide whether he wants to take the risk of legal action upon himself. If the complaints are justified, the publishing house has the exclusive duty of repair and/or replacement, if necessary in the form of a second edition. The publishing house reserves the right to choose how to fulfill this duty and it cannot be asked to fulfill the complaint in more than one way.

2. To this extent before the offer or during the production period when samplings took place (the surrender of model books, etc.), this can be only conditionally binding for the production result. Customary variations, as may occur for example when printing colored covers or with paper quality in the graphics industry, are explicitly accepted by the creator of the work. The Publishing House points out that for technical reasons variations of 2% of each book length or width within the same edition can occur due to cut-format.

3. Complaints about the production outcome or the final invoice can only be considered if they are submitted within one week of receipt of the books or the invoice in writing. The Publishing House is committed to manufacturing documents such as proof copies which are kept no longer than three months. The creator of the work accepts this explicitly. Failure to keep documents after the deadline may under no circumstances be to the detriment of the Publishing House in case of a dispute. A right of retention is not due to the creator of the work.

4. In case of loss or destruction of the creator of the work’s delivered manuscript, the disk (s) or the original templates for the reproduction of pictures etc., the Publishing House is only liable for gross negligence up to the amount of the material replacement value.

5. If the creator of the work provides the Publishing House with an electronic text for the book production, the Publishing House accepts no liability for loss or destruction of the text. The Publishing House cannot guarantee an error-free text conversion and excludes any liability for it.

VIII. The granting of rights

1. The printing of the manuscript in the Publishing House is subject to approval by the Publishing House and certain experts. If the commission is rejected, the printing can be done in consultation with the creator of the work under the same conditions at another Publishing House.

2. The creator of the work as the sole owner of all rights to the work grants the Publishing House the unlimited right, in terms of space and content, and for the duration of the statutory copyright protection, the exclusive copyright, to reproduce and distribute in a book or other form of media incl. an electronic form and Internet for all editions and issues and make the work available in all languages. Any other use of the work requires the consent of the Publishing House. This also applies to the saving and processing in electronic systems. The creator of the work states and guarantees, that the publication of the work does not violate rights or claims of a third person, that it does not violate the law, and that nobody else has used or restricted the rights partially or totally in a different way.

3. The creator of the work transfers the particular right of manufacturing and selling to the Publishing House in photomechanical printing, photocopying, xerography, microfiche, micro print, microfilm and in digitized form and in corresponding media (CD, DVD, Internet, etc.).

4. If the creator of the work adds images to it, the creator of the work guarantees, that he posesses the rights of the images or is entitled to handle these rights and he grants these rights according to the conditions mentioned above to the publishing house.

5. The Publishing House will not handle the management of the publishing house rights restrictively so that the creator of the work is able to distribute his theses in other ways. For example, the creator of the work can always use parts of his work in other works, e.g. papers, as long as he refers to the original publication. An independent publication of the work by the creator of the work e.g. on the Internet, which could affect the distribution or the economic success (incl. flat-rate license fees for online access to all Publishing House publications) of the publication of the Publishing House (possibly on the internet or in print edition) is excluded.

IX The contribution

1. The creator of the work shall submit a print or a manuscript /a reproducible contribution as a file and as a print out. All additional costs incurred by extra work to obtain a reproducible and accurate as possible template will be charged to the author at a cost.

2. The creator of the work must retain a backup copy of the manuscript or media (on floppy disk, CD, etc.)

3. Unless otherwise agreed, the manuscript / medium (including other print templates) is passed over with the delivery of the property of to the Publishing House.

4. Basically MA dissertations, theses and dissertations must be accompanied by a 1-2-page preface by the supervisor of the work.

X Printing costs

1. The Publishing House shall submit an offer to the creator of the work that includes the publication terms and conditions. The Publishing House requires printing costs as stated in the offer. The offer and all written changes and additions as agreed upon between the creator of the work and the publishing house, are part of the contract between the creator of the work and the publishing house. The payment of printing costs does not constitute ownership of the printed edition.

2. For subsequent editions after a first edition, the creator of the work does not need to pay for printing costs.

XI Edition

1. The Publishing House decides on the production process, e.g. Digital printing / publishing-on-demand or offset. With methods which do not provide solid edition (e.g. publishing-on-demand), the actual number depends on the demand. The Publishing House guarantees, however, that the book will be available for 10 years from bookshops or via electronic platforms. If not otherwise agreed in the Publishing House contract, a freely definable number of specimen copies will be used for review and advertising as well as documents and depending on the offer, 1-10 copies will be for the creator of the work.

2. If the contingent of reviews, advertising and reference copies has been exhausted, the publishing house can only fulfill other obligations, by falling back on the stock of the retail editions. The publishing house is entitled to issue the reviews, advertising and specimen copies without the creator of the work requiring a single proof.

3. The creator of the work can obtain more copies of his book and other titles of the Publishing House with an agreed discount on the retail price by the Publishing House. If no differing discount rate is agreed, 10% discount is applied.

4. The Publishing House is able to print a higher number of copies at a higher demand, using the publishing-on-demand method, without reprinting the book.

5. The Publishing House agrees to make the latest edition of the book available in bookstores or electronically / on the Internet for 10 years, if the book trade structure does not fundamentally change.

6. The Publishing House can also produce further editions after the actual edition without notifying the author / editor (eg subsequent editions, as prices for study expenses for use by students, licensing issues), where the creator of the work does not receive free copies or an authors fee. However, the creator of the work can also acquire an author’s discount from these issues / edition copies.

XII Advertising

1. The creator of the work is informed that the advertising is done partly by the Publishing House.

2. The Publishing House determines the necessary measures to advertise and the time of advertising. The Publishing House takes care of advertising nationally and as far as the Publishing House deems appropriate, also international advertisement. The degree of advertisement is at the discretion of the Publishing House. The Publishing House seeks to be included in the most important national bibliographies and have a discussion with the trade press. The Publishing House is happy to receive suggestions from the creator of the work regarding advertising.

3. The creator of the work supports the publishing house in its advertising campaigns, by providing the publishing house with a short advertising text, a short summary in German and English as well as some autobiographical information, and optionally a list of interested parties. The creator of the work receives relevant information from the Publishing House immediately after signing the contract.

XIII Sales and distribution

1. After due consideration, the Publishing House decides upon the retail price and the channels of distribution (including possibly publication on the Internet with regard to the copyrights). The Publishing House reserves the right to make changes to the retail price.

2. The creator of the work is committed to not passing on his author copies or giving them out free of charge to institutions, unless it is explicitly in return for something (for archival use, etc.). The creator of the work may not resell other related titles from the Publishing House. Failure to comply with this policy means that the creator of the work will be liable to the Publishing House for any losses incurred.

XIV Refunding of the printing costs / authors fee

1. The creator of the work must inform the publishing house of his contact information (address, email) and any changes to it.

2. The creator of the work pays a printing cost without a reimbursement claim after a publication offer and will have a share in the net retail price of the first edition of the work (except discounted copies, such as author copies) - unless otherwise specified in your publishing house contract - 5%, payable in the form of free copies. In a second or study edition the Publishing House takes responsibility for the printing costs and the creator of the work does not receive an author’s fee. If several authors / editors participate in the production of the completion of a book, so the share of 5% is divided among them.

The bill of the Publishing House must be paid annually, starting one year after the publication of the book with the deadline on the 31.3. the following year and the creator of the work will be notified usually by e-mail. If the Publishing House has sent the e-mail to the correct e-mail address, it is the creator of the works responsibility to acknowledge it. If the e-mail is sorted into the spam folder and so will not be delivered, the creator of the work is liable, not the Publishing House. The Publishing House is authorized to collect a payment only up to 4 months after the due date. The billing is carried out using a computer. The Publishing House has to fall back on the stock of the retail edition, in order to meet for example the further requirements after reviews, advertising, specimen or replacement copies, so the liable bill for the edition is reduced accordingly.

3. In the case of a reprint (e.g. with the publishing on demand method) of the first edition, the creator of the work receives a share of 5% (royalties) of the net retail price of each copy sold, payable in the form of free copies. In the case of new editions, which are created at the expense of the Publishing House, like students' editions or subsequent editions of the work, the creator does not receive royalties, but may purchase copies of these other editions/issues to author discount.

4. The Publishing House receives 95% of fees which arise from the utilization of ancillary rights and the creator of the work receives 5%.

XV Further Editions

1. If an edition is sold out, the creator of the work can ask the Publishing House to take care of making more copies of the edition using the publishing-on-demand method so the book is available again or make and distribute a new edition/issue according to the Publishing House’s costs. If the Publishing House decides not to make the work available again, the reproduction rights (and in cases where the Dutch law was agreed, the copyrights) fall back to the creator of the work 5 years after the book is out of print.

2. The Publishing House usually informs the creator of the work in good time, when it intends to publish a new edition, so that the creator of the work can possibly make or changes or additions to his manuscript. However, this cannot be guaranteed in all cases.

3. Each creator of work is committed to writing two reviews for each piece of work for the Publishing House. The review copies will be available to the reviewers. The Publishing House will also attempt to provide the creator of the work with two reviewers accordingly.

XVI Special sale and clearance sale

If, after due consideration of the Publishing House, a significant section of the current edition is no longer achievable (usually after five years), the Publishing House is authorized to reduce the selling price in order to sell the remaining editions. After five years, the Publishing House is also entitled to have a stock clearance. In order to satisfy the demand that is possibly still present and also to ensure that the distribution of the work continues, the Publishing House agrees to hold a maximum of 20 copies in stock. The creator of the work accepts that the administrative expense does not allow a royalty payment for the remainder of the stock. The Publishing House will inform the creator of the work about a stock clearance in good time by sending a registered letter. The creator of the work must explain within six weeks after the delivery of the letter, if he wants to have the remaining copies (with a discount of 80% on the retail price plus shipping charges, without receiving a royalty). If the registered letter is undeliverable and returned to sender, the Publishing House has the right to continue with the stock clearance.

XVII Final clauses

1. For violations of the contract terms and conditions, in so far as they are caused by force majeure or by circumstances lying outside their responsibility, the contracting parties do not need to be held.

2. Since in the European Union, everybody is free to choose which right is applicable, and since the Dutch law differentiates more in detail between the ownership rights (Urheberrecht) and the copyright (Vervielfältigungs- und Nebenrechte), this contract/this terms and conditions is subject to the law of the Netherlands, if both parties do not explicitely agree on the law of Germany. In addition, the rules of copyright and publishing rights apply.

XIX. Place of performance /place of jurisdiction/effectivity

1. The place of performance and place of jurisdiction for all claims arising from this contractual relationship and legal disputes is Bochum.

2. The invalidity of one or more clauses does not affect the validity of the remaining clauses.

5th version of 20.10.2014.