Supporting Institution Terms & Conditions
By providing and accepting payment of an agreed upon fee for a specified period to support operations of the OCLC WebJunction program, the organization providing payment ("Supporting Institution"), and OCLC Online Computer Library Center, Inc. (“OCLC”), agree to the following terms and conditions.
- Services OCLC shall provide to Supporting Institution, for the term designated on the WebJunction Features and Pricing Form (“Features Form”), access to WebJunction, which serves as an online learning network for library staff, and all the services available on the WebJunction website, which are further described on the Features Form.
- Pricing and Payments Pricing for the Services described above will be stated on the Features Form. The Features Form will be attached to this Contract for the Supporting Institution’s initial subscription period. OCLC will send a superseding Features Form to Supporting Institution prior to expiration of the current year, which will reflect the subsequent year’s pricing. Supporting Institution may accept the renewal by returning the executed Features Form to OCLC. All payments are due within 30 days of receipt of invoice from OCLC.
- Term and Termination Institution’s access to WebJunction shall be active for the period designated on the Features Form. This Contract may be terminated by Supporting Institution by not accepting the renewal contained in a Features Form. Upon termination of this Agreement, Institution shall immediately discontinue any use of the services, trademarks, and content made available by OCLC.
- Warranties & Indemnifications In no event shall OCLC’s liability under any provision of this agreement exceed the fees paid to OCLC for Services under this Agreement. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Force Majeure. Neither party shall be liable to the other for losses or damages occasioned by delays in performance, or non-performance, of any obligation (other than the obligation to make payments when due), when caused by acts of God, acts of the other party, or any other cause beyond the party’s control and without its fault or negligence.
- Independent Contractors. OCLC and Supporting Institution are independent contractors and will not act as the other’s agent nor shall either be deemed an agent or employee of the other for any purposes. Neither party shall incur any obligations on behalf of the other, make any warranties, representations or inaccurate statements concerning the services of the other, nor commit the other in any manner.