Agreement for the Provision of Digital Object Identifiers (DOI)
This Agreement for provision of digital identifiers (“Agreement”) is made as of ……………. (“Effective Date”), by and between the
University of Tartu, Ülikooli 18, 50090 Tartu, Estonia,
(hereinafter called "UT")
and
……………………………………………,
(hereinafter called "DataCenter").
1. Object of Agreement
1.1 This Agreement contains the terms and conditions for the provision of Digital Object Identifiers (DOI names) for scientific content to DataCenter by UT. By signing this Agreement, DataCenteraccepts to perform as a data center.
1.2 Further details in respect of the metadata delivered as well as the price model are contained in the Annexes.
2. Rights and obligations of UT
2.1 UT is a member of “DataCite – International Data Citation Initiative e.V.”and a registration agency for digital object identifiers (DOI names). The service it offers includes (hereinafter called “service”):
a. The provision of DOI names;
b. The registration of DOI names to persistently identify scientific content for the DataCenter, further;
c. A metadata management service (DataCite Metadata Store) to enable the DataCenter to submit the Metadata to DataCite e. V. and link the Metadata with the DOI names. UT will consult DataCenter in Metadata requirements and formats if necessary.
2.2 The Metadata will be stored and made accessible to the public through an online portal.
2.3 Each party shall bear any costs which arise in the field of its own activity, if in this Agreement not provided otherwise.
2.4 To provide its services, UT currently benefits from the license to use the DOI system acquired by DataCite e. V., the infrastructure (e. g. DataCite Metadata Store) and the respective portal provided by DataCite e. V.
3. Rights and obligations of DataCenter
3.1 DATA CENTER is responsible for
a. the review process;
b. the storage ;
c. the maintenance;
d. the persistence;
e. the integrity of the delivered Metadata;
f. the evaluation and quality control of all scientific content registered with a DOI name by UT.
In detail this means:
Metadata
For any item of scientific content which is to be registered with a DOI name by UT, DATA CENTER has to prepare and submit metadata according to the DataCite Metadata Schema („DataCite Metadata Schema for the Presentation and Citation of Research Data“). All versions of the metadata-schema are accessible via
The registration of DOI names by UT only takes place after or at the same time as the Metadata are submitted by the DataCenter.
Storage
Any scientific content registered with a DOI name has to be accessible through a URL. DataCite e. V. urgently recommends to let the URL point to an HTML-site, which contains information about and the access modalities to the content (“landing page”), e. g. potentially necessary registration.
Maintenance
DataCentersubmits modifications of the URLs for its items to the DataCite Metadata Store as soon as possible, to ensure the resolution of the DOI name. Once an item is registered, it may not be altered. If an item is changed, it has to be registered with a new DOI name.
The metadata may only be altered according to the provisions of the Metadata Schema.
Persistency
DataCenterhas to ensure that registered content will be available forever.
Evaluation and Quality assurance
Within the bounds of possibility, DataCenter has to ensure that the content is valid according to DataCenter’s own standards and according to the general rules of scientific good practice in the relevant field of research.
3.2 Each party shall be responsible for any costs which arise in the field of its own activity, if in this Agreement not provided otherwise.
4. Payment
4.1 When payment is due in respect of a service, UT will send to DataCenteran invoice and the whole amount shown has to be paid within 30 days of the invoice date.
5. Property and user rights
5.1The registration of scientific content does not include any transfer or assignment of ownership of any Intellectual Property right (IPR).
5.2 In any case for which copyright applies, DataCenterwarrants that it owns the copyright and intellectual property rights of the data material registered by UT. In the event that third parties make claims against UT or DataCite e. V. in connection with these rights, DataCenter shall avert all claims against UT or its co-operation partners and indemnify UT and its co-operation partners for any claims by third parties which relate to any possible legal infringement through the storage and the distribution of data via the UT-server, if the DataCenteris at fault. This shall not apply, if the use of the Metadata by UT constitutes a breach of the rights granted in this Agreement.
5.3 UT acquires the Metadata under the conditions of the Creative Commons License (for example. CC0 1.0 Universal (CC0 1.0) Public Domain Dedication). (Link to the deed and legally binding version of the license text: UT may use the Metadata accordingly and pass the Metadata on to others.
6. Warranty and liability
6.1 DataCenteronly warrants the compliance with general rules of scientific good practice in the relevant field of research in relation to persistency, the quality and the validity of the scientific content.
6.2 In the event of any difficulties and errors of transmission or other technical problems, DataCentershall redeliver to UT the Metadata affected, if possible. The parties shall collaborate closely and trustingly in order to remedy errors.
6.3 DataCentershall be exclusively responsible for any malfunctions which arise in its own sphere of influence or for any errors in the Metadata delivered to UT.
6.4 UT shall endeavour to rectify all technical malfunctions within its own sphere of influence. UT will report all technical errors resulting from malfunction of the DOI resolution mechanism or within the systems of DataCite e. V. and which are outside UTs own sphere of influence as soon as possible to DataCite e. V. and strive towards a solution.
6.5 UT shall not be liable for the correctness and completeness of any registered content as well as Metadata.
6.6 The parties shall cooperate closely and trustingly in order to prevent claims by third parties. Between the parties the liability for pecuniary damages is excluded and liability is limited to the compensation of damage which is caused with intent or through gross negligence.
6.7 Neither party will be liable to the other for any loss or any failure to perform any obligation hereunder, which results from causes beyond its reasonable control and which occur without its fault or negligence (Force Majeure), without limitation, provided that the respective party gives the other party detailed written notice immediately after discovering Force Majeure.
6.8. The standard may be subject to revision by “DataCiteEesti” consortium board and should be in compliancewith quality standards elaborated by “DataCite – International Data Citation Initiative e.V.”. UT should notify promptly the DataCenter of any such changes of service content or standards. In case such changes or modifications are not acceptable to DataCenter the last has right to terminate this Agreement by written notice 1 month in advance.
7. Duration, termination of Agreement
7.1 The Agreement shall become effective at the date of signature.The Agreement can be terminated by written notice 3 months in advance.
7.2 The right for immediate termination caused by a breach of the Agreementshall not be affected. A breach of the Agreementincludes, but is not limited to the following events:
a. If one of the parties of this Agreementbreaches its obligations under this Agreement, or
b. If any insolvency or administration proceedings are commenced against the assets of one of the parties.
8. Assignment
8.1 Neither party shall assign its rights and obligations under this Agreement to a third party without prior written consent of the other party.
9. Final provisions
9.1 The parties shall nominate trusted personnel to coordinate the details of the services to be offered. A list will be prepared as Annex1 of the Agreement.
9.2Alterations and amendments of this Agreement must be in writing in order to be effective. This clause can only be amended by written Agreement.
9.3All Annexes shall form part of this Agreement.
9.4In the event that provisions of this Agreement are or shall become legally unenforceable, the validity of the remaining provisions shall remain unaffected. These provisions are to be interpreted, changed or amended so that the purpose of this Agreement can be reached in the best possible way. The same shall apply in the event that loopholes appear in the practical application of this Agreement which had not been foreseen by the parties to the Agreement.
9.5Place of performance and jurisdiction for all claims arising out of this Agreement shall be Estonia.
9.6This Agreement shall be interpreted and construed according to and governed by the laws of the Republic of Estonia.
Signed on ……………………. Signed on …………………….
for and on behalf of UTfor and on behalf of DataCenter
……………………………..………………………………..…
By Martin Hallik, Director of UT Library By…………………………….
………………………..……… ………………………..………
(signature) (signature)
Annex 1. The list of Personnel to coordinate the details of the services to be offered.
- UT - Heiki Epner, Technical Specialist, , phone +372737 5796;
All registration requests, billing and other issues concerning the service should be send to e-mail:
- DataCenter
…