Service Agreement Publisher and Publications

Approval History

• 2020 [The following service agreement was approved by the English, Spanish, French, and Portuguese Managing Editors, and by the Chair of ProgHist Ltd, Technical Lead, Global Lead, and Comms Lead in Summer/Autumn 2020. https://github.com/programminghistorian/jekyll/issues/1704]
• 2021 [It was re-approved for 2021-22 by the English, Spanish, French, and Portuguese Managing Editors and by the Chair of ProgHist Ltd on 26 May 2021.]
• 2022 [It was re-approved for 2022-23 by the English, Spanish, French, and Portuguese Managing Editors and by the Chair of ProgHist Ltd on 23 May 2022.]

Service Agreement

This agreement outlines the service agreement between the Programming Historian Project Team (the publisher) and __________________________ (the publication team) who edit the journal: Programming Historian ____________________________________(the publication) [ISSN: ________________].

Spirit of the Agreement:

This agreement outlines the rights and responsibilities of both the Publisher and the Publication Team towards each other. In particular, it confirms the commitment of the Publisher to provide services to the Publication Team, free of charge. It does so with the understanding that the Publication Team will use and continue to use those services in the spirit that they were created, for the purposes of producing and sustaining a high quality academic publication that enhances education and research. Where either party fails to keep up their responsibilities as outlined in this agreement, they consent to mediation by an appointed ombudsperson to ensure that the publications continue to thrive indefinitely.

The Publisher responsibilities:

1. Registering an ISSN (International Standard Serial Number) for the Publication Team with the British Library.
2. Providing and maintaining a publishing platform for the journal that is fit for purpose.
3. Granting access to and providing training for using the publishing platform.
4. Providing recruitment support when new members are added or needed.
5. Covering direct and reasonable costs of publication, as agreed with the Publisher’s appointed treasurer, in advance of any spending.
6. Managing all accounting and rights matters arising from the publication.
7. At the Publication Team’s request, to engage openly in conversations about funding activities or services to support the growth or development of the publication and its team.
8. Archiving a copy of the journal annually in an appropriate repository as determined by the publisher.
9. To invite all project team members to become voting ‘members’ of ProgHist Ltd, within six months of formally joining the team.
10. To ensure that the Project Team is the only project team publishing a Programming Historian style journal in the language of the Project Team (in this case: _______________), without the consent of the Managing Editor.
11. To perform all tasks to the best of their ability, championing respect, equality, accessibility, sustainability, and global impact.
12. To engage actively and openly with the Ombudspersons appointed by the Project Team in any disputes arising.

Publication Team responsibilities:

13. To appoint a ‘Managing Editor’ who is the key contact between the Publication Team and the Publisher, and who can speak on behalf of their Publication Team.
14. Upon request, provide the Publisher with the name and contact details of the ‘Managing Editor’, providing at least 3 months notice of any changes to this person’s name, or to any requests for support to seek a new Managing Editor.
15. To maintain an active Publication Team of at least 3 editors from more than one country. Publication Teams should also strive to meet the publisher’s commitment to diversity (https://programminghistorian.org/en/about#diversity-policy).
16. To actively seek to build a community of contributors and users in their language, including where appropriate through workshops, conferences, and social media.
17. To adhere to the Publisher’s peer review system including author, reviewer, editor (https://programminghistorian.org/en/contribute), technical guidelines and shared workflows or policies (https://github.com/programminghistorian/jekyll/wiki) shared across the Publisher’s publications, and amended collectively from time to time.
18. To adhere to the CC-BY (Creating Commons Attribution) copyright license for publications at all times.
19. Ensuring all Publication Team members act in a way that minimizes the likelihood of legal costs or risks to the Publisher or its other Publication Teams.
20. To seek prior approval from the Publisher’s appointed treasurer for any expenditure made on behalf of the Publisher.
21. To participate actively in the Programming Historian Project Team, including having at least one member (ordinarily the Managing Editor) participate in Project Team meetings.
22. To actively seek sufficient new material to maintain a minimum of ______ articles (original or translations) published per year, produced to a high standard. To inform the Publisher if that goal is unlikely to be met, and to accept support from the Publisher which may include training or changing the makeup of the Publication Team’s membership (where possible with the consent of the Managing Editor or a majority of the Publication Team).
23. Assisting with the translation of ‘core pages’ of the Publisher’s website in the language of publication of the Project Team, which the Publisher will endeavour to keep to reasonable levels, and with sufficient lead-time so as not to impose an undue burden on the Publication Team.
24. To perform all tasks to the best of their ability, championing respect, equality, accessibility, sustainability, and global impact.
25. To appoint an arms-length Ombudsperson who will serve as a mediator in all disputes arising from the publication process, internally on Project Teams, or between project teams and the Publisher. Upon request, provide the Publisher with the name and contact details of the ‘Ombudsperson’,
26. To engage actively and openly with the Ombudspersons appointed by the Project Team in any disputes arising.

Clarification of terms:

27. The journal title, publishing platform, social media accounts, communication platforms, fundraising platforms, bank accounts, branding, workflows, and systems remain the property of ProgHist Ltd, which holds and manages them on behalf of the Programming Historian Project Team and cannot be transferred to a new publisher without the expressed written permission of the ProgHist Ltd Board of Directors and a 2/3 majority of the Programming Historian Project Team.
28. The Publisher accepts no liability for technical outages, unplanned maintenance, or factors that may leave the publication temporarily unavailable, but commits to best efforts to ensure such disruptions are minimized.
29. The Publication Team is granted editorial autonomy of their publication within the limits of the terms outlined above. In exchange, they acknowledge that should the Publication Team fail to meet reasonable standards of quality or care, or if in the opinion of a majority of the Publisher’s Project Team is becoming unsustainable or inactive, the Publisher reserves the right to amend or replace membership of the Publication Team. These replacements will not normally be directors of ProgHist Ltd, to ensure arms-length editorial control by the Project Team. This will be communicated in writing at least 1 calendar month before changes are imposed, to allow teams to respond. The Publisher will act in good faith with struggling teams to find alternatives to changes of membership.
30. In the event that the Publisher ceases trading and wraps up its activities, or that a third party for any reason acquires the Publisher, the title of the publication will be offered within 30 days to the Publication Team for a nominal fee of £1.
31. For the avoidance of doubt, all parties agree that the terms of this agreement will be settled, if required, in the courts of England only.
32. This agreement will be reviewed annually at the Annual General Meeting of ProgHist Ltd and the Annual General Meeting of the Programming Historian Project Team, but will be understood to remain in effect unless otherwise communicated by either party, with 90 days notice given in writing.