DNA Solutions Pty. Ltd. (from now on, "DNA Solutions") and the signatory(s) (from now on, "The Client") are the two integral parties of the present agreement which purpose is that of a DNA analysis service (from now on, "The Service").
The Client warrants that they are over 18 years old and that they enter this agreement freely and voluntarily.
It is the Client's responsibility to obtain all the necessary information to choose the appropriate testing procedure. DNA Solutions will assist the Client and answer all their questions, but DNA Solutions will not be held responsible if the Client disregards and/or misunderstands the information provided by DNA Solutions.
It is the Client's responsibility to follow the instructions provided by DNA Solutions for the sample collection. If a swab sample does not provide enough DNA, if the DNA found belongs to a person of the opposite sex, or if the sample is contaminated with more than one donor's DNA, the Client will have to pay the extra person fee for the analysis of a new swab sample.
The Client accepts that the analysis of a non-standard sample (also called alternative or discreet), that is, any sample different from a mouth swab, implies an extra fee, which is stated on the Client's form. This fee, unless otherwise indicated, applies per non-standard sample, regardless of whether the samples belong to the same person, or whether the samples are of the same type. This fee is non-refundable once the analysis has begun.
The Client understands that a non-standard sample may not provide enough DNA to conclude a result for the Service. If that happened, DNA Solutions will analyse a standard sample of that same donor at no extra cost. The analysis of any new non-standard samples implies the same fee as the analysis of the first non-standard sample.
The Client warrants to be legally entitled to submit the DNA samples of all donors to DNA Solutions. The Client accepts to indemnify DNA Solutions for any loss or damage suffered as a result of any illegal activities performed by the Client in direct or indirect relation to the Service. DNA Solutions makes no representation that the Client is legally entitled to submit the biological samples or to order the Service, and DNA Solutions will not be held responsible and will not indemnify the Client or any other party for any illegal act derived directly or indirectly from the sample collection, the Service or its result.
When the Client has paid just the deposit, DNA Solutions will abide by the prices stated on the paperwork sent to the Client for a period of 6 months from the moment the paperwork was sent to them. When the Client has paid the full amount of the Service upfront, DNA Solutions will abide by the prices stated on the paperwork sent to the Client for a period of 2 years from the moment the paperwork was sent.
The Client is responsible for submitting to DNA Solutions all the required samples and paperwork correctly and completely filled in. Otherwise, DNA Solutions cannot guarantee that the Service can be performed and/or the result can be released until the situation has been solved.
The turnaround time for the Service is approximate and varies depending on the type of Service, beginning the next day from the reception of all samples, paperwork and payment by DNA Solutions. This turnaround time refers only to the time to obtain the result of a test with standard samples, and not to any additional time imputed to third parties or required to produce any additional reports. The approximate turnaround time may be extended due to genetic particularities of the people tested (i.e. genetic mutations) or due to other issues derived from the samples submitted.
DNA Solutions takes no responsibility for delays or the impossibility to perform the Service due to reasons out of the control of DNA Solutions. However, DNA Solutions will inform the Client in that event.
DNA Solutions warrants that the result obtained for the Service is correct in accordance with the information provided by the Client and with the approximate accuracy rate expressed on the report of the result.
DNA Solutions may produce a result based on less markers than those stated for the Service as long as the result meets the quality protocols established by DNA Solutions.
If the Client states that the result obtained by DNA Solutions is wrong, considering the error is attributable to DNA Solutions, the Client may order the Service again, paying the full amount of the Service before it can begin. The amounts paid for both the first and second analyses will be refunded in full if it is concluded that the error is attributable to DNA Solutions. No refund will apply if it is concluded that the mistake is attributable to the Client or to a third party while the samples were still under the Client's responsibility.
It is the Client's responsibility to provide DNA Solutions with all the information necessary to perform the Service and before the analysis has begun. DNA Solutions takes no responsibility for inaccurate, wrong or inconclusive results when the Client has not provided all the necessary information or has provided false information.
DNA Solutions reserves the right to modify the samples identification to accurately reflect any incident or detail that DNA Solutions considers to be relevant for the correct interpretation of the results by any of the parties.
For Services in which certain samples are analysed free of charge, this will only include the analysis of one sample per donor, and they will only be tested free of charge when submitted along with the other samples.
The Client accepts and understands that the information contained on the result and report(s) of the Service is only for their private use and cannot be used for legal purposes.
The Client accepts and understands that the result obtained for the Service may be inconclusive, for example when the amount of DNA shared between those tested does not meet the standards that allow to conclude a result or, for ancestry tests, when the DNA profile obtained does not allow a haplogroup classification according to the current phylogeny. In these cases, DNA Solutions will perform, when possible, analyses of other donors who may help conclude a result. These additional analyses will be performed free of charge or at an extra cost, depending on the type of procedure. In the event of an inconclusive result, the Client accepts and understands that no refund for the Service will apply.
DNA Solutions does not offer an on-site representation service for ratifying the results. The Client accepts and understands that, in case the presence of a technician or any other personnel of DNA Solutions or any of its associates is required for any kind of process, this service will not be offered. In case of a subpoena, the Client accepts to pay the charges for this service, as well as any other expenses derived from it.
DNA Solutions will communicate the result to the Client at no extra cost by the methods expressed on the Client's form. If the Client requests the result to be sent by any other method or to a location outside Europe, DNA Solutions reserves the right to apply an extra cost for the shipping of the results in these cases.
The shipping of results by email or by normal post will be done one time free of charge for a 3-month period after the result was obtained. After that time, the shipping of the results and/or reports by normal post will have an extra cost of £12 per copy; the shipping of the results and/or reports by email will be done free of charge up to two times, applying the same fee as for the re-shipping by post from the third request on.
The Client warrants that the result obtained by DNA Solutions will not be used for any legal purposes. DNA Solutions reserves the right to not performing a Service if we suspect that the Client may have intentions of violating this clause.
PAYMENTS AND REFUNDS
The Client accepts that the Service will not be performed and the result will not be released until the Service has been paid in full.
DNA Solutions reserves the right to destroy the biological samples received if the Service has not been paid in full in 3 months since the samples were received. If the Service has been partially paid, DNA Solutions will archive the case after 3 months since it was received; it may be possible to reactivate the case, depending on the situation, once the remaining payment has been received, as well as any additional fees that may apply.
DNA Solutions cannot guarantee that a payment will be accepted if done by a method different from those stated on the Client's form. Any additional fees derived from the chosen payment method will be borne by the Client.
Under special circumstances, DNA Solutions may accept a payment by cheque. In this case, the Client accepts to pay an extra fee of £45 per bounced cheque. The Client accepts that the result will not be released until DNA Solutions has confirmation from their bank that the cheque has not bounced (approximately 2 weeks since the cheque is banked).
In the case of payments by credit or debit card, DNA Solutions reserves the right to request proof that the card is not being used fraudulently.
The Client is entitled to request an invoice for the Service at no extra cost.
If the Client wishes to cancel the Service before sending the samples for testing, DNA Solutions will only accept cancellation requests by email or by post.
If the Client wishes to cancel the Service after the samples have been submitted to testing, DNA Solutions may require a specific cancellation form.
If the Client wishes to cancel the Service once DNA Solutions has begun the analysis, no refund will apply.
When the Client has paid the full amount upfront, regardless of whether the cancellation request is done before or after the kit has been sent, a fee of £30 will be deducted to the amount to refund for administration costs and other commissions.
When the Client has only paid the deposit to receive the kit, no refund will apply for cancelling the Service.
In the event that DNA Solutions is forced to cancel the Service for force majeure, the Client will be refunded the amount paid in full.
All refunds will be done by bank transfer, except when the Client had made their payment by credit/debit card, in which case the refund will be done by that method if possible.
The fees derived from a refund for a mistake attributed to the Client will be deducted to the amount to refund (for example, when the Client has overpaid for a Service).
DNA Solutions abides by the current laws on data protection (LOPD) for any information provided by the Client or resulted from the Service performed.
It is the Client's responsibility to ensure the confidentiality of the information included on the results and reports once those have been submitted to the Client.
DNA Solutions warrants to only provide information about the Service through a contact method which does not allow a reliable identification of the Client when the other party confirms the password of the case, or when the Client has previously provided explicit authorisation to share said information.
It is the Client's responsibility to keep the password in a safe place. DNA Solutions takes no responsibility if information on the Service is communicated to unauthorised third parties but who confirm the password.
The Client can change their password by sending a written request by post signed by all the parties that signed this document.
The Client authorises DNA Solutions to use the information obtained from the analysis anonymously and for scientific and statistical purposes.
DNA Solutions is entitled to destroy all samples 3 months after the result of the Service has been obtained.
DNA Solutions warrants that the information on the Service performed, including the result, will be available to the Client for 1 year after the result was obtained. After this time, DNA Solutions reserves the right to, entirely or partially, destroy or archive said information.
DNA Solutions reserves the right to modify this document at any time and without prior notice.