Consultancy Agreement
Parties
- Consultant: The individual agreeing to this agreement.
- Client: Advances.in LTD, a company incorporated in England and Wales (registration number 14114105) with its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom.
Agreement
- Definitions
- “Agreement” refers to this document, including any schedules and amendments.
- “Charges” refer to:
- The amounts specified in Part 5 of Schedule 1 and elsewhere in this Agreement.
- Any other amounts agreed in writing by both parties.
- “Client Materials” are all works and materials supplied by the Client for incorporation into the Deliverables.
- “Deliverables” involve the scientific peer-review process of a paper submitted to one of the Client’s journals, treated as one peer review process per paper.
- “Effective Date” means the date this Agreement is accepted.
- “Intellectual Property Rights” include all intellectual property rights globally, whether registered or not.
- “Schedule” refers to any attached schedule to this Agreement.
- “Services” are the consultancy services specified in Part 1 of Schedule 1.
- “Term” is the duration of this Agreement as specified in Clauses 2.1 and 2.2.
- Term
- This Agreement becomes effective upon acceptance by the Consultant.
- This Agreement continues indefinitely unless terminated in accordance with Clause 10 or any other provisions of this Agreement.
- Services
- The Consultant agrees to provide the Services in accordance with this Agreement.
- The Services must meet the following criteria:
- Adherence to common academic standards and norms.
- Reviews provided within three weeks (preferably two weeks) after receiving the original or revised manuscripts. Exceptions require approval.
- Reviews must demonstrate thorough engagement with the paper, including a summary of its key points.
- Feedback should be detailed, constructive, and accurate, highlighting both strengths and weaknesses.
- Reviews should cover all sections of the paper (e.g., introduction, methods, results, discussion).
- Language must be professional and polite.
- Compliance with ethical and scientific standards is required.
- Completion of multiple-choice questions concerning the paper is mandatory.
- Compensation is for the completion of all review rounds requested by the editor.
- Deliverables
- Deliverables must be submitted via the submission handling system at https://advances.pub.
- Deliverables should adhere to the timetable set out in Part 3 of Schedule 1 or as otherwise agreed.
- The Consultant warrants that:
- Deliverables conform to Part 2 of Schedule 1 requirements.
- Deliverables are free from material defects or plagiarism.
- Deliverables do not infringe any intellectual property rights or breach laws.
- License
- The Consultant grants the Client a non-exclusive, worldwide, perpetual, and irrevocable license to use the Deliverables.
- Reviews will be made openly available in anonymized form on the Client’s website.
- Charges
- The Client will pay the Charges in accordance with this Agreement.
- All amounts include any applicable taxes.
- Payments
- The Consultant may issue invoices after Services have been delivered.
- The Client must pay within 14 days of receiving an invoice, provided Services meet the minimum requirements.
- Payments can be made by bank transfer or an alternative method agreed upon by both parties.
- If the Client fails to pay, the Consultant may:
- Charge interest at 8% per annum above the Bank of England base rate.
- Claim interest and compensation under the Late Payment of Commercial Debts (Interest) Act 1998.
- If the Client terminates this Agreement when Services are partially completed, the Consultant is not entitled to payment.
- Warranties
- The Consultant warrants that:
- They have the legal right and authority to enter this Agreement.
- They will comply with applicable laws and regulations.
- They possess the necessary expertise to perform their obligations.
- They will keep confidential any information received from the Client unless permitted otherwise.
- The Client warrants that it has the legal right and authority to enter this Agreement.
- All warranties are expressly stated in this Agreement,
- The Consultant warrants that:
- Limitations and Exclusions of Liability
- Nothing in this Agreement will:
- Limit or exclude liability for death or personal injury due to negligence.
- Limit or exclude liability for fraud.
- Limit liabilities contrary to applicable law.
- Exclude liabilities that cannot be excluded under applicable law.
- Limitations and exclusions:
- Govern all liabilities under this Agreement.
- Include liabilities arising in contract, tort, or statutory duty.
- The Client is not liable for any loss of profits, revenue, data, or consequential damages.
- Nothing in this Agreement will:
- Termination
- The Client may terminate this Agreement at any time with at least 1 day’s written notice.
- Either party may terminate immediately if the other party breaches this Agreement.
- Termination is allowed if:
- The other party ceases business operations or becomes insolvent.
- An administrator or similar is appointed over the other party’s assets.
- The other party is subject to bankruptcy or winding-up proceedings.
- The Consultant can only sign one contract per submission. Multiple contracts for the same service will invalidate all but the first.
- Effects of Termination
- Upon termination, certain clauses will continue indefinitely: Clauses 1, 5, 9, 11, 12.2, and 14.
- Termination does not affect accrued rights.
- Status of Consultant
- The Consultant is an independent contractor responsible for their own taxes.
- Termination does not constitute unfair dismissal or entitle the Consultant to compensation.
- Subcontracting
- The Consultant must not subcontract without prior written consent.
- The Consultant remains responsible for subcontracted obligations.
- General
- No breach can be waived without written consent.
- If a provision is found unlawful or unenforceable, it will be modified or removed as necessary.
- This Agreement may only be varied by a written document signed by both parties.
- Neither party may assign or transfer rights without consent.
- This Agreement is not intended to benefit or be enforceable by third parties.
- This Agreement constitutes the entire agreement and supersedes previous agreements.
- This Agreement is governed by English law.
- The courts of England have exclusive jurisdiction over disputes.
Schedule 1 (Services Particulars)
1. Specification of Services
The Consultant will participate in the peer-review process as specified by the Client.
2. Specification of Deliverables
The Consultant must submit written evaluations and answer multiple-choice questions via the Client’s submission handling software.
3. Timetable
Evaluations are to be submitted within 3 weeks (preferably 2 weeks) of accessing each version of the submission.
4. Financial Provisions
Payment is contingent upon meeting the minimum requirements. Compensation is $100 (USD) per completed review process.