EITCI Certification Related Content Copyrights Transfer Agreement Terms and Conditions
These terms and conditions apply to Authors or Copyrights Holders in regard to transfer of the copyrights to the Content to the European Information Technologies Certification Institute ASBL, Avenue des Saisons 100-102, bte 30, 1050 Brussels, Belgium, hereinafter referred to as EITCI, as a didactic and marketing material related to relevant EITCI Certification(s) as specified below. These terms and conditions constitute the EITCI Certification Related Content Copyrights Transfer Agreement, i.e. a legal agreement specifying the transfer of the copyrights and granting associated rights to the Content from the Author or Copyright Holder to EITCI. EITCI Certification Related Content Copyrights Transfer Agreement Terms and Conditions were last updated on 20th August 2019.
1.1. “Author” or “Copyrights Holder” is a physical person or a legal entity with rights to the Content. On the basis of this agreement Author transfers to EITCI the copyrights to the specified Content.
1.2. “Content” means any below specified creations and materials that after copyrights transfer will be used by EITCI to supplement relevant EITCI Certification Curriculum(s). Content can be of any physical or electronic multimedia form.
1.3. “Certification Curriculum” or in short “Certification” means the EITC or EITCA Certification Curriculum defined by EITCI that can be supplemented by the Content authored by the Author or Copyrights Holder.
2. Agreement and Content
2.1. The Author of the Content or the Copyright Holder hereby contracts with the European Information Technologies Certification Institute ASBL, Avenue des Saisons 100-102, bte 30, 1050 Brussels, Belgium, hereinafter referred to as EITCI.
2.2. The Content will comprise of materials as specified by the archived digital communication of the Author or the Copyrights Holder with EITCI.
2.3. The Content will be delivered according to the settlement specified as above in the point 2.2.
3. Transfer of the Content Copyrights to EITCI
3.1. Upon this agreement Author hereby transfers the copyrights to the content to EITCI including rights to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Content through all the services related to Certification(s), and sublicense it to users for the purpose of facilitation of Certification earning directly or through third parties.
3.2. The copyrights transferred Content can be used in all ways EITCI will find appropriate to facilitate Certification of digital competencies to third parties. This agreement transfers all material property rights to the Content from the Author or Copyrights Holder to EITCI.
3.3. The transfer of the copyrights to the Content will be performed in full or in parts subject to EITCI acceptance of the Content’s part submitted by the Author or Copyrights Holder. The copyrights transfer takes place after the delivered corresponding Content part is accepted by EITCI. The delivery of the Content may take place digitally but must be followed by a physical transfer (e.g. on a CD) after the Content is accepted by EITCI.
3.4. EITCI may use all or any part of the Content for didactics, marketing, demonstration, promotion, quality control, delivery of the Certification services, etc. Author grants permission to EITCI to use Author’s name, image or voice in connection with use of the Content and waive rights of privacy, publicity, or other rights of a similar nature in connection therewith, to the extent permissible under applicable law.
3.5. Termination of the agreement by either of the sides must be communicated to the other side by means of evidenced electronic communication (via email) and takes effect after 30 days from the communication date. All the copyrights transfers from the Author or Copyrights Holder to EITCI with corresponding payments before termination of the agreement are in effect and will remain validly transferred and a property of EITCI.
4. Payment for the Transfer of the Content Copyrights
4.1. The gross payment to the Author or Copyrights Holder for the Content copyrights transfer to EITCI will be according to the settlement specified as above in the point 2.2.
4.2. The payment will be transferred in full or in parts for the consecutively delivered Content parts with transferred copyrights upon acceptance by EITCI. Each payment done will be confirmed by the Author or Copyrights Holder in issuing of a payment receipt document or an invoice.
4.3. The payments to the Author or Copyrights Holder will be done either before or after acceptance of a relevant Content’s part by EITCI in due of a bank transfer from EITCI bank account to the Author's or Copyirghts Holder's bank account according to the settlement specified as above in the point 2.2.
4.4. In case that the advance paid Content part does not meet specified requirements and is not accepted, the Author or Copyrights Holder agrees to improve the Content.
4.5. The Author or Copyrights Holder agrees and acknowledges to being responsible for any taxes on his/her own income from the gross settlement of this agreement.
5. Responsibilities of the Author or the Copyrights Holder
5.1. Author or Copyrights Holder is fully responsible for the Content to which copyrights are transferred to EITCI upon this Agreement.
5.2. Author or Copyrights Holder confirms owning the necessary licenses, rights, consents, and permissions, and the authority to transfer the copyrights to the Content to EITCI in order to enable EITCI to reproduce, distribute, publicly perform (including by means of any multimedia form), publicly display, communicate to the public, promote, market and otherwise use and exploit the Content or any part of it.
5.3. Author or Copyrights Holder also takes responsibility in the copyrights transferred Content not to infringe or misappropriate any intellectual property rights of any third parties.
5.4. Author or Copyrights Holder also warrants that the Content will not raise any obligations from EITCI to any third parties and in case if such obligations are raised in due of the Content they will be a responsibility of the Author or Copyrights Holder.
5.5. Author or Copyrights Holder additionally warrants that the Content does not include any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information, as well as not any malicious software content and generally any illegal content (including solicitation) of any kind. In case of such inclusions into the Content the Author or Copyrights Holder will be solely responsible for this situation.
6. Modifications to the terms and conditions for the EITCI Certification Related Content Copyrights Transfer specifying this Agreement
EITCI may update the terms and conditions for the EITCI Certification Related Content Copyrights Transfer upon this Agreement to conform with changes in EITCI operating policies reflecting new or different practices, such as when EITCI introduces new models of Certification(s) commercialization or adds new features in its services. Thus EITCI reserves the right to modify and / or make changes to these terms and conditions specifying the Agreement at any time. If EITCI makes any change in these terms and conditions Author will be notified using prominent means such as by email notice sent to the email address communicated by the Author to EITCI (it will be Author's responsibility to inform EITCI of any changes in legal or contact details for the Author). Modifications will become effective on the day they are posted by EITCI unless stated otherwise. If Author does not communicate lack of his acceptance to the changes within these terms and conditions then with effective date of any change, lack of denial will be deemed as acceptance of and an agreement to follow and be bound by the terms and conditions for the EITCI Certification Related Content Copyrights Transfer as changed. The revised Content Copyrights Transfer terms and conditions supersedes all previous Content Copyrights Transfer terms and conditions. In case the Author or the Copyrights Holder does not accept the changes in the Content Copyrights Transfer terms and conditions and communicate this to EITCI the Contract will dissolve according to section 3 above.