The base licence is the mandatory minimum to use any SharedSDS features which require login credentials. If you are a SharedSDS user then you have agreed to the terms and conditions of the base licence.
Specific sharing licenses are necessary if there are relationships with colleague companies such as importers, distributors, decanters, repackagers, toll manufacturers and resellers.
The base licence alone however covers ad hoc data sharing with formulators
These sharing relationship licences are interpreted by the software to control sharing of SDSs and data.
Relationship licences can only be excecuted between two companies by users with the 'admin' role which is assumed by SharedSDS to be a CEO delegation. SharedSDS is also a party to these licences.
Sharing scope can be restricted to a single Division if desired.
If charging a fee it is US$10.00 per annum per wrapper. This is paid by the colleague distribution company which needs to wrap a SDS with its own contact detail. SDS sharing requires establishment of a SharedSDS relationship licence. The fee is split 50:50 between SharedSDS and the licensor. This represents a notional split between content and delivery platform.
Sharing SDS relationships (no charge or for a fee) are established by an authoring company (licensor) with a distributor (licensee). The licensee can then agree with the licensor on logo image and corporate details in each jurisdiction of interest to the licensee.
If sharing for a fee, the fee is payable for each SDS wrapped with a specific wrapper. If a distributor operates in multiple jurisdictions then multiple wrappers will be required for that distributor and accordingly multiple fees apply.
NB: This SDS sharing does not provide any access to the underlying substance data.
The fee is US$10.00 per annum per substance for data sharing. This fee is paid by the formulator once per substance no matter how many mixtures it appears in. The fee is split 50:50 between SharedSDS and the owner of the data. This recognises a notional split between content and delivery platform.
The owner of the data can also elect to share the data at no charge. The SharedSDS business plan relies on this being a rare thing.
Substance data can also be shared (no charge or for a fee) with colleague companies. Only the authoring company (licensor) ever has read-write access.
Individual substances may be flagged as private which excludes them from licensed view.
Contact SharedSDS support for assistance with complex requirements which might involve such exclusions or even shifting some substances into separate Divisions to segregate them.
Independently of any licensing, individual substances intended as ingredients for formulators may be flagged as sharable (visibly or invisibly). Individually sharable substances always attract one fee per formulator no matter how many mixtures that formulator might have. To exempt a particular formulator from the fee, execute a "shares data at no charge" licensed relationship.
The Base Licence applies to all companies using SharedSDS wherever they are in the supply and/or distribution chain.
1. Company and SharedSDS agree that fees will be set and collected by SharedSDS in respect of Company's SDSs and/or substance data and will be split equally between Company and SharedSDS and Company's share will be remitted after receipt of the fee by SharedSDS
2. If Company establishes a licensed relationship ("Shares SDS for a fee with") with a third party then Company agrees an annual fee is payable by that third party to SharedSDS per SDS shared with that third party.
3. If Company establishes a licensed relationship ("Shares substance data for a fee with") with a third party then Company agrees an annual fee is payable by that third party to SharedSDS per substance for substance data shared with that third party.
4. Company agrees that SharedSDS shall collect from third party Base Licensees an annual fee per substance for those substances flagged by Company as "Open data" (visible) or "Ingredient data" (invisible) and which are included in third party mixtures and that fee will apply once per substance per third party formulator no matter how many mixtures include a particular ingredient.
5. Company agrees that once a third party Licensee has incorporated as an ingredient one of Company's substances then the sharing status of that substance may be locked by SharedSDS to prevent withdrawal of essential substance data from third party Licensee formulation SDSs.
6. Company and SharedSDS agree no annual fee is payable by the Licensee to SharedSDS per SDS shared with a third party named as Licensee in a "Shares SDS at no charge with" licenced relationship.
7. Company and SharedSDS agree no annual fee is payable by the Licensee to SharedSDS per substance data shared with a third party named as Licensee in a "Shares substance data at no charge with" licenced relationship.
8. Company agrees that substance data licensed from third party Licensors at no charge or for a fee and which data is visible shall not be revealed in any way to any other parties.
9. Company agrees to pay SharedSDS an annual fee for each SDS it licenses on a fee basis from a third party.
10. Company agrees to pay SharedSDS an annual fee for each shared substance data it licenses on a fee basis from a third party or uses as an ingredient in its own mixtures when a third party has flagged that substance as "Open data" or "Ingredient data".
11. Company asserts that if it acquires, derives, measures or reviews substance data or if it creates or reviews SDSs within SharedSDS systems it will only engage personnel who are qualified and competent to do those things.
12. Company agrees to consider and keep under consideration until it becomes Company policy to undertake independent peer review of its SDSs and substance data.
13. Company agrees to review its SDSs in the context of a target audience of reasonably competent workplace managers.
14. Company agrees that it is solely responsible for substance data accuracy, the accuracy of any other data upon which it relies and the correctness of hazard classifications shown on SDSs despite SharedSDS software proposing such hazard classifications and despite various jurisdictions having different regulatory requirements and practices.
15. Company agrees to immediately review the accuracy of its data or classification when a question is raised by SharedSDS or any other party and to acknowledge receipt of the question within seven days and which acknowledgement indicates when a definitive response may be expected.
16. Company agrees to immediately notify SharedSDS in writing (via email) if it becomes aware of data inaccuracies discovered within SharedSDS whether or not such data belongs to the Company.
17. Company agrees to immediately notify SharedSDS in writing (via email) if it becomes aware of shortcomings in software generated proposed hazard classifications including failure to account for differing regulatory requirements in various jurisdictions.
18. Company agrees that differences between GHS classifications and various jurisdictional classifications shall be revealed on the SDS for the information of the reader.
19. Company agrees that its SDSs are freely available for registered workplace consumers and anonymous searchers alike without fee.
20. Company agrees that SharedSDS may provide search facilities which returns SDSs to anonymous searchers restricted to a maximum of ten SDSs per search and possibly none of which may be Company's SDSs depending on search parameters chosen by the searcher.
21. Company agrees that SharedSDS may provide management services to registered (workplace) consumers who require OH&S information management and other services related to Company's products in the workplace and fees for such services being unrelated to sharing data or wrapping SDS content are fees specifically excluded from this agreement.
22. Company agrees that SharedSDS may authorise an "Emergency service" licence on behalf of Company with an emergency service organisation to freely search for SDS and/or substance data and which licence will constrain the Emergency Service Licensee to maintain confidentiality subject to liquidated damages in favour of Company and SharedSDS in respect of substance data.
Note: This reference to liquidated damages recognises potential loss of confidentiality on the part of Company and potential loss of confidence in SharedSDS by the wider market.