Appendix 4 - Possible Contractual Terms for Online Access to Database Service

Summary

This set of clauses assumes a service that is being provided to a privatesector organisation. Services provided to educational establishments, public libraries or archives will require different clauses. Any readers who work in further or higher education are strongly recommended to read the text of the various Jisc model licences, as we consider them to be very fair. Readers who work in public libraries should have a look at the public library licence developed by Licensing Models.3 Readers who work in the private sector should also check these academic and public library licences for wording that might be useful when negotiating with a database service provider. The clauses below should not be regarded as a ‘model contract’, but they are presented to give readers an idea of the sorts of clauses that they are likely to encounter. As has been stressed throughout this book, any draft agreement should be negotiated, and explanations sought for the reasons for particular clauses if they are unclear or thought to be unfair.

Definitions

In this Agreement, , the following meanings shall apply:

‘Provider’: [name and address]

‘You (and Your)’: the customer identified in the Registration Form, with whom Provider enters into the Agreement, and any person who Provider reasonably believes is acting with the customer's authority

‘Account’: the facility extended under this Agreement allowing You to access and use the Service

‘Agreement’: the entire contract between Provider and You for the provision of the Service incorporating these terms and conditions, the Registration Form, and the documents referred to in them

‘Approved Use’: your private and internal business use only

‘Authorised Users’: the users notified to Provider in the Registration Form

‘Data’: the information and other materials in whatever form from time to time available through the Service

‘Fees’: the charges for the Service as set out and amended from time to time in the Provider's price list

‘Passwords’: unique user names and codes

‘Registration Form’: the Service registration form

‘Rights’: copyright, database and other intellectual property and related rights owned by the Provider and its licensors