Harvard Student Resources – Research Service Agreement
By using the research service and delivery services (“Services”) rendered by Harvard Student Resources (“HSR”) and its affiliated researchers (“Researchers”), the Client agrees to be bound by the following Research Service Agreement (this “Contract” or “Agreement”).
- RESEARCH MATERIALS
- Research materials acquired for Client use (hereafter referred to as “Client Materials”), are designated into three (3) categories:
- Physical Materials – includes, but is not limited to, hard copies of research materials as well as analyses of such materials. These materials would include, but not be limited to, photocopies of material which HSR researchers have obtained.
- Electronic Materials – includes, but is not limited to, digital photocopies and digital photographs or digital scans of research materials. HSR will normally provide such materials to the client through the use of an Internet file sharing service such as Box. The client will then obtain physical copies of the materials by downloading them from a computer.
Artifacts/Historical Materials –historical resources and records of such, physical or electronic; differentiated from aforementioned physical and electronic materials in that such materials may or may not require external authorization (outside of HSR) and are within stewardship of a library or archival site. Usage and reproduction restrictions from such libraries and archival sites may apply.
- The Client is responsible for the following before contacting HSR for Services:
- Contacting the relevant libraries or archives in order locate all relevant project materials.
- Understanding all library or archive rules and policies, including, but not limited to, the cost of reproducing archival materials and usage rights.
- The Client is responsible for the following after contacting the relevant library or archive. Before any hours are authorized, the Client is responsible for:
- Communicating with HSR on a regular basis.
- Providing sufficient and accurate information to HSR and its researchers including, but not limited to:
- The name and address of the library or archive
- The physical location and call numbers of documents within the library or archive
- The names of any librarians, archivists, or staff members at the library or archive whom the Client has contacted
- Ensuring that information provided is accurate. Inaccurate or insufficient information often leads to delays in research work and material acquisition. HSR is not responsible for costs or delays caused by insufficient information. Time expended to correct errors in the provided information will be considered billable.
- The Client acknowledges that if, for any reason, the nature of a research project changes, that they will be responsible for any and all changes in communication, locations, materials, and billable hours relevant to the project.
- HSR RESPONSIBILITIES
- After the Client has contacted HSR and authorized hours, HSR is responsible for performing the following tasks:
- Communicating with the Client on a regular basis.
- Assigning a Researcher to the job and providing the Researcher with all information necessary to begin the job.
- Ensuring the Researcher performs the job. Performance of the job will include, but is not limited to:
- Searching for Materials (subject to the rules and constraints of the library or archive in which the work is to be conducted) on behalf of the Client.
- Informing the Client when the Materials are found.
- Informing the Client if the Materials cannot be found, are not currently available, or do not exist.
- Communicating with the Client at regular intervals about the project, including the number of hours currently used and which are expected to be used.
- Suggesting to the Client alternative ways to approach the project when appropriate.
- Preparing any found items for reproduction through the library or archive, when appropriate.
- Photographing the documents, and translating them to an appropriate media, or to an online file sharing service (such as Box).
- Mailing any Materials to the Client, when appropriate.
- Informing the Client when authorized hours have been exhausted and if more hours are required to continue work.
- Replacement of a Researcher who is producing unsatisfactory work or, for any reason, unable to continue working with the Client.
- If the Client has concerns that the assigned Researcher’s work is not satisfactory, the Client may file a complaint to HSR. HSR will investigate all complaints.
- Should HSR determine that the Researcher’s work is not considered satisfactory, HSR will replace the Researcher with another Researcher. Otherwise, work will continue normally. HSR’s decision in this regard will be final and may not be appealed.
- ACCESS TO RESEARCH MATERIALS
- Physical Materials
- The Client will be responsible for all shipping and handling expenses incurred during delivery of Materials.
- The Client will pay for research time taken to prepare and deliver Materials, which will be considered billable research time.
- The Client understands that during transportation, Materials may sustain damage. HSR is not responsible for such damage.
- Digital Materials
- Digital materials will be transmitted confidentially and securely through Box (https://box.com). The Client agrees to Box’s Terms of Service (https://box.com/static/html/terms.html#).
- Upon availability of Materials on Box, the Client will be notified by HSR via email and will have an Access Period of sixty (60) days to download the materials after the date of the notification email.
- After the Access Period has elapsed, The Client may no longer have access to the digital materials. HSR does not guarantee availability of such Materials after the Access Period ends.
- Upon request, special arrangements may be made so that digital materials will be transmitted via physical storage media (CD’s, DVD’s, or USB Flash Drives). Such materials will be treated as Physical Materials (restated below):
- The Client may provide such storage media or, upon the Client’s request, HSR will provide the storage media and the Client will be billed for the costs of acquiring such media.
- The Client will be responsible for all shipping and handling expenses incurred during delivery of the materials.
- The Client agrees to pay for time taken to prepare and deliver materials, which will be considered billable research time.
- Artifacts/Historical Materials
- The Client acknowledges that all artifacts/historical materials are subject the usage and reproduction restrictions from such libraries and archival sites.
- Upon notification of the availability of any artifacts/historical materials, the Client will be responsible for contacting HSR to acknowledge the availability of such materials.
- Delivery Notice
- Upon availability of any Client Materials, HSR will notify the Client of such availability and the means by which the Client may receive the material.
- Upon notification of availability, the Client has forty-eight (48) hours to contact HSR and acknowledge such availability.
- QUALITY ASSURANCE
- If digital Client Materials do not meet Client expectations, the Client may contact HSR to re-acquire research materials free-of-charge (“reacquisition”). Reacquisition excludes the gathering of additional material to supplement an existing research job. Reacquisition is solely for the purpose of replacing materials that are defective or of otherwise insufficient quality.
- HSR will investigate and determine whether the Client expectations have in fact not been met by HSR. If HSR determines that such expectations have not been met, HSR will reacquire the materials at no additional charge to the Client. HSR’s decision on reacquisition will be final and binding on the Client.
- Should HSR decide that the Client’s expectations have not been met:
- Time spent on reacquisition will not be considered additional research time for billing purposes.
- Material that is incorrect or insufficient due to Client error will not be eligible for reacquisition.
- If the Client does not notify HSR within the seven (7) days of material availability, it is assumed that all Client materials are of suitable quality, and HSR will bill for any additional work done after this period.
- Physical materials, storage media containing electronic materials, and historical artifacts are not eligible for reacquisition or corrections. Such material orders will be considered fulfilled, and additional acquisition requests are subject to charges for additional authorized hours.
- Any materials (digital or physical) provided directly by a library or archive to either the Client or HSR and delivered the Client are not eligible for reacquisition through HSR. HSR has no jurisdiction or control over such materials produced by a library or archive. The Client must directly contact the library or archive with any concerns about the provided materials.
- RESEARCH AUTHORIZATION AND PAYMENT
- HSR will not begin to undertake research services until hours have been authorized by the Client either online or in writing.
- The Client agrees to pay at regular intervals for costs incurred and services rendered for that time. The Client will be informed of these intervals prior to the beginning of research by HSR. No other payment plans will be considered.
- If the Client has not provided payment for Services rendered during the last payment interval, HSR reserves the right to withhold further Services until such payments have been made.
- MODIFICATION OF AGREEMENT
Harvard Student Resources reserves the right, in its sole and absolute discretion, to modify, add to, supplement, or delete certain terms of this Agreement. Such changes to the Agreement will be effective with or without prior notice to the Client.
If any future changes to this Agreement are unacceptable to the Client, or will cause violation of compliance with the Agreement, the Client agrees to terminate the contract.
The Client agrees to fully defend, indemnify, and hold harmless Harvard Student Resources and its affiliates from and against any and all claims, lawsuits, damages, losses, liabilities, and costs (including but not limited to copyright or attorneys’ fees) that may directly or indirectly arise or result from damage or improper use of materials including but not limited to, historical artifacts and research materials acquired by HSR.
Either party possesses the right to terminate the Agreement by giving at least fourteen (14) days’ notice in writing.
Should the Agreement be terminated for any reason, the Client agrees to provide payment for costs incurred and services rendered for the last payment cycle.
Harvard Student Resources will not provide refunds to any previously rendered Services.
Current as of 1 June 2015