Standard Terms and Conditions
STANDARD TERMS RELATING TO SERVICE
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Definitions
1.1 “This Agreement” means the agreement comprised by these terms and the checked on the "Pay for event" page, as amended from time to time. Any capitalised terms not defined in these Standard Terms shall bear the meaning ascribed to them in the front sheet. The terms set out in this Agreement shall apply to the exclusion of any terms imposed by the Customer.
1.2 "Service" means the services made available at Oxford Abstracts' website at https://oxfordabstracts.com/ from time to time which broadly includes the following functionality:
- enabling conference organisers to design and build program schedules;
- enabling academic authors to submit abstracts to the event organiser;
- gathering review feedback on abstracts;
- allowing conference attendees to register for events;
- gathering information for awards and grant applications; and
- allowing conference organisers to create tickets for their conference and sell tickets to attendees.
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Service
2.1 Oxford Abstracts will set up the Service within 14 days of receiving all such information from the Customer as it requires to provide the Service.
2.2 The Customer may cancel the Service for any reason by notice in writing given to Oxford Abstracts within 30 days of the date on which the Service is set up and if it does so, (i) Oxford Abstracts shall repay all charges paid and (ii) Oxford Abstracts shall have no further liability to the Customer. Oxford Abstracts reserves the right without notice to the Customer to end the Service at any time which is more than 12 months after the conference has taken place and all conference information will be available for at least 12 months after the end of the conference.
2.3 Oxford Abstracts warrants that it will use reasonable skill and care in the provision of the Service, but does not warrant that the Service will be error free or uninterrupted. Oxford Abstracts’ sole liability for breach of the warranty shall be to use its reasonable efforts to maintain the Service. In addition, Oxford Abstracts will not be liable to the Customer (and nor will any refund of charges be due) for any delay in delivery of the Service or for loss or damage arising out of any interruption or faults beyond Oxford Abstracts’ control, including non-delivery of the Service because of failure of telecommunication lines, services, software or equipment provided by a third party used by Oxford Abstracts.
2.4 Oxford Abstracts shall be entitled to vary the Service at any time, but if a variation adversely and materially affects the Customer, the Customer may cancel the Service by notice to Oxford Abstracts and will be entitled, as its sole entitlement, to receive repayment of all Charges paid.
2.5 The Customer agrees to act in a timely and competent manner with respect to its obligations under this Agreement. Oxford Abstracts reserves the right to charge the Customer any extra costs incurred by it as a result of breach of this Clause at its standard time and material rates. Any additional costs will be agreed with the Customer before work is carried out.
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Prices and Payment
3.1 Oxford Abstracts may issue an invoice for payment on or at any time after signing of this Agreement. All Charges are due and payable within 30 days of invoice. If full payment of any Charge is not made by the due date Oxford Abstracts shall, without prejudice to any other remedies, have the right not to provide the Service until such Charges are paid.
3.2 All Charges are exclusive of value added, sales and similar taxes of any kind. The Customer agrees to pay directly, or at the option of Oxford Abstracts, reimburse Oxford Abstracts for any applicable such taxes. All Charges shall be paid in full without set-off, deduction or other withholding of any amount which may be due to Oxford Abstracts. If the Customer is required by law to deduct withholding tax or any other taxes or duties from any Charges, then the Customer shall pay to Oxford Abstracts such additional amounts as shall result in Oxford Abstracts receiving the full amount of the Charges.
3.4 All payments are processed by third party authorised payment institutions. Oxford Abstracts do not provide any regulated payment services, and is not authorised and regulated by the Financial Conduct Authority (or any other regulatory body) to do so.
3.5 For more information about how we collect payments and the retention fees involved please see our Fee and Collection Policy.
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Confidential Information
4.1 Neither party shall disclose the other’s confidential information to any third party other than as expressly permitted in this Agreement or use the other’s confidential information other than for the purposes of and in the manner permitted under this Agreement and not in any way which is detrimental to the other party.
4.2 For the purposes of this Clause 4, “confidential information” shall not include any information which is or comes into the public domain other than through the fault of the party receiving the information, the party receiving the information can show was lawfully in its possession prior to disclosure, or the party receiving the information can show becomes known to it after disclosure from a third party without an obligation of confidentiality, or the party receiving the information is compelled by law to reveal the confidential information.
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Intellectual Property Rights
5.1 For the avoidance of doubt but subject to the following sentence, the Customer shall obtain no copyright, patents, database rights or other intellectual property rights in the Service (including any software used in the provision of the Service) or created in the course of the Service which subsist now or at any time in the future. Nevertheless, Oxford Abstracts shall not be entitled to any intellectual property rights in any abstracts, papers or similar information provided by the Customer or third parties using the Service.
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Disclaimer of Warranties and Limitation of Liability
6.1 Nothing in this Agreement shall limit the liability of Oxford Abstracts to the Customer for death or personal injury resulting from its own negligence or that of its employees, agents or sub-contractors or for fraudulent misrepresentation.
6.2 IT IS THE CUSTOMER’S RESPONSIBILITY TO ENSURE THAT THE SERVICE IS SUITABLE FOR ITS NEEDS. IN PARTICULAR, OXFORD ABSTRACTS EXPRESSLY DISCLAIMS (i) ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE SERVICE WILL RESULT IN ANY ECONOMIC ADVANTAGE, INCREASE IN PROFITS OR REDUCTION IN COSTS AND (ii) ALL RESPONSIBILITY FOR THE CONTENTS OF ANY ABSTRACTS, PAPERS OR OTHER INFORMATION SUBMITTED BY THE CUSTOMER OR ANY THIRD PARTY USING THE SERVICE.
6.3 EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS EXPRESSED OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE WITH RESPECT TO THE SERVICE ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL OXFORD ABSTRACTS BE LIABLE FOR ANY NEGLIGENCE OR TORTIOUS LOSS NOR FOR ANY INDIRECT LOSSES WHICH FOR THE PURPOSES OF THIS CLAUSE SHALL BE DEEMED TO INCLUDE ANY OF THE FOLLOWING LOSSES WHETHER OR NOT THEY WOULD OTHERWISE BE TREATED AS INDIRECT LOSSES: LOSS OF PROFITS, BUSINESS, GOODWILL, CONTRACTS OR OTHER ECONOMIC LOSS, LOSS OF DATA AND ANY CONSEQUENTIAL LOSS WHETHER ARISING FROM REPRESENTATION, NEGLIGENCE, BREACH OF CONTRACT OR OTHERWISE.
6.4 EXCEPT AS STATED IN CLAUSE 6.1, THE LIABILITY OF OXFORD ABSTRACTS TO THE CUSTOMER WITH RESPECT THE SERVICE SHALL BE LIMITED IN AGGREGATE TO DAMAGES NOT EXCEEDING THE TOTAL FEES AND CHARGES PAID BY THE CUSTOMER TO OXFORD ABSTRACTS UNDER THIS AGREEMENT.
6.5 The Customer agrees that Oxford Abstracts accepts no liability to any person who makes use of the Service other than the Customer, in particular authors and others who submit abstracts, papers or other information to the Customer using the Service.
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Data Protection
7.1 Oxford Abstracts will not Process Personal Data other than for the purpose of providing the Customer the Service in accordance with Schedule 1 (Data Processing Schedule) including Annex 1 (Data Protection Particulars).
7.2 Oxford Abstracts will remain compliant with the Payment Card Industry Data Security Standard (PCI DSS) where it accepts, transmits or stores any cardholder data.
7.3 The Customer shall not enter, or require users of the Service to enter, special category personal data (as defined in the Data Protection Laws) into the Service. The Customer shall only Process, through the Service, the minimum Personal Data required for the purpose for which the data is collected or disclosed.
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Termination
8.1 This Agreement may be terminated immediately by either party on written notice, if the other is in material breach and has not cured the breach within thirty 30 days of receipt of notice to do so, or if that breach is not capable of remedy;
8.2 Subject to Clause 8.3, on the termination of this Agreement, the parties shall, without prejudice to accrued rights at the date of termination, be discharged from any further liability to perform under this Agreement.
8.3 The parties’ obligations and agreements under this Clause and Clauses 3, 4, 5 and 6 shall survive any termination of this Agreement.
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General
9.1 The parties’ obligations and agreements under this Clause and Clauses 3, 4, 5 and 6 shall survive any termination of this Agreement. The parties shall treat the contents of this Agreement as confidential, save that Oxford Abstracts may name the Customer as a Customer for marketing purposes.
9.2 The customer will not remove or alter any trade mark or other reference to Oxford Abstracts in the Service and acknowledges that Oxford Abstracts may add a reference to itself and/or the Service in each web page (including a hyperlink) and any email which is generated as part of the Service.
9.3 This Agreement shall be governed by and construed and enforced in accordance with the laws of England and the parties hereby consent to submit to the non-exclusive jurisdiction of the English courts.
9.4 Oxford Abstracts may subcontract or sub-licence any of its obligations to a third party and may assign this Agreement to any associated company. Otherwise, neither party may assign, sub-contract or sub-licence any of its rights or obligations under this Agreement without the prior written consent of the other.
9.5 Neither party shall be responsible for delays or failures in performance resulting from acts or circumstances beyond its reasonable control.
9.6 No person who is not a party to this Agreement shall have the right to enforce any term of this Agreement.
9.7 Any notices required or permitted to be sent under this Agreement shall be delivered by hand, by prepaid courier service, or mailed by registered mail, postage pre-paid, return receipt requested, to the addresses set forth in this Agreement, or such other address as may be furnished in writing in accordance with this Clause. Notice so sent shall be deemed effective on delivery.
9.8 The failure of either party to exercise any right or option that is granted herein or to require any performance of any term of this Agreement, or the waiver by either party of any breach of this Agreement, shall not prevent a subsequent exercise or enforcement of the term or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.
9.9 This Agreement does not create a partnership or joint venture between the parties and neither party shall have the power to obligate or bind the other in any manner.
9.10 This Agreement contains the entire understanding of the parties with respect to the subject matter hereof. There are no representations, promises, covenants or undertakings of the parties with respect to such subject matter other than those expressly set out in this Agreement.
SCHEDULE 1
DATA PROCESSING SCHEDULE
- Definitions
- In this Schedule the following words and expressions have the following meanings:
| Controller | has the meaning given to it in the Data Protection Laws. |
| Data/Personal Data | has the meaning given to it in the Data Protection Laws. |
| Data Protection Laws | means all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR and the Data Protection Act 2018 (DPA 2018) and any equivalent legislation in any jurisdiction in which a party is established; |
| Data Subject | has the meaning given to it in the Data Protection Laws. |
| Processing | has the meaning given to it in the Data Protection Laws. |
| Processor | has the meaning given to it in the Data Protection Laws. |
| Sub-Processor | has the meaning given to it in the Data Protection Laws. |
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Data Protection
2.1 The parties acknowledge that the Customer is a Controller and Oxford Abstracts is a Processor in relation to the Personal Data described in Annex 1 to Schedule 1 (Data Processing Particulars).
2.2 Annex 1 to Schedule 1 (Data Processing Particulars) set outs the following information in relation to the Data:
(a) subject-matter of the Processing; (b) duration of the Processing; (c) nature and purpose of the Processing; (d) type of Data; and (e) categories of Data Subject.
2.3 The parties shall review Annex 1 to Schedule 1 (Data Processing Particulars) no less than once every twelve 12 months to ensure that it remains up-to-date.
2.4 Oxford Abstracts shall:
(a) process the Data only on the documented instructions of the Customer as necessary to perform the Services and if Oxford Abstracts is aware that, or is of the opinion that, any instruction given by Customer breaches the Data Protection Laws, Oxford Abstracts shall inform the Customer of this where permitted to do so by such law;
(b) ensure that its personnel who are authorised to Process Data are under obligations of confidentiality in respect of the Data;
(c) implement and maintain appropriate technical and organisational measures in relation to the Processing of Data taking into account the factors set out in Data Protection Laws to ensure a level of security appropriate to protect the Data, including protection from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or unauthorised access;
(d) taking into account the nature of the Processing, where reasonable, assist the Customer with its obligations to comply with Data Subjects' requests through the use of appropriate technical and organisational measures;
(e) taking into account the nature of the Processing and information available to Oxford Abstracts, assist the Customer in ensuring compliance with the Customer's obligations relating to security, notification of breaches to any regulators and Data Subjects, data protection impact assessments and any consultation with regulators;
(f) notify the Customer without undue delay, of Oxford Abstracts becoming aware of a breach, or suspected breach, of the Data Protection Laws. Where breaches are caused by Oxford Abstracts or any Sub-Processor, provide full details of the relevant breach without undue delay, or where not possible to provide all details straight away, to provide such information in phases when it is known;
(g) at the written election of Customer, either: 1. securely destroy the Data (including all copies of it); or 2. return the Data (including all copies of it) to Customer in the format required by Customer which retains the integrity of the Data,
(h) upon termination or expiry of this Agreement (provided that in relation to any partial termination of the Services it shall not be required to do so where this would adversely affect Oxford Abstracts’ ability to provide the remaining services) unless any applicable law requires Oxford Abstracts to continue to store the Data in which case this Clause shall survive termination or expiry of this Agreement;
(i) shall make available to the Customer information necessary to demonstrate the compliance of Oxford Abstracts (or, where applicable, compliance of Sub-Processors) with Data Protection Laws; and
(j) no more than once every 12 months, at the Customer's cost, and on at least 30 days' written notice, Oxford Abstracts shall permit the Customer to conduct audits of Oxford Abstracts' compliance with this Schedule. The Customer shall carry out the audit in a manner that does not interrupt or interfere with the business as usual activities of Oxford Abstracts.
2.5. The Customer consents to the appointment by Oxford Abstracts of Sub-Processors provided that Oxford Abstracts shall put in place written contractual obligations with each Sub-Processor which are at least equivalent to the obligations imposed on Oxford Abstracts pursuant to this paragraph. Oxford Abstracts will inform the Customer of any intended changes or additions to Sub-processors, and the Customer will have 30 days from notification to raise any objection to such changes.
Annex to Schedule 1
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Data processing particulars
The Processing activities are set out below:
| Description | Details |
| Subject matter of the processing | Abstracts of academic articles being submitted for conferences, delegate registration information, payment information, awards and grant applications, conference program information. |
| Duration of the processing | Where Oxford Abstracts is a Processor, we will store conference data for at least a year after the conference start date unless the customer deletes the event. |
| Nature and purposes of the processing | Collecting and retaining copies of abstracts for conferences, along with the author's and reviewer details and credentials, and collating that information as instructed by the Customer for the conference. |
| Type of Data | The system is intended for the Customer to collect the following types of information:
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| Categories of data subjects | Anyone connected with the event that is being organised:
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