SERVICE AND RESULT
1. 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).
2. The Client warrants that they are over 18 years old and that they enter this agreement freely and voluntarily.
3. The Client warrants to be legally entitled to order the Service and to use the result. The Client accepts to indemnify DNA Solutions for any loss or damage suffered as a result of any illegal activities carried out by the Client in direct or indirect relation to the Service. DNA Solutions will not be held responsible, nor will it indemnify any parties, for any loss or damage suffered by the client or third parties as a direct or indirect consequence of the ordered Service. DNA Solutions reserves the right to decline performing a Service if we suspect this clause may be violated.
4. It is the Client's responsibility to provide all the necessary information to choose the appropriate testing procedure when consulting with DNA Solutions. DNA Solutions will not be held responsible if the Client disregards and/or misunderstands the information provided by DNA Solutions.
5. 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 accepts to pay the extra person fee for the analysis of a new swab sample and any other charges for sending a new kit.
6. 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 (except for the prenatal paternity test, for which the analysis of the mother's blood sample is included in the test price). This fee is nonrefundable and, unless otherwise stated, applies per sample, regardless of whether the samples belong to the same person, or whether the samples are of the same type.
7. The Client understands that a non-standard sample may not provide enough DNA to conclude a result. If that happened, DNA Solutions will analyse a standard sample (mouth swab) 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 one. This point does not apply for the prenatal paternity test.
8. When the Client has paid just a partial 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. When the Client has paid the full amount of the Service upfront, DNA Solutions will abide by the prices stated on the paperwork for a period of 2 years from the moment the paperwork was sent, as long as the Service is still being offered on the same terms.
9. The Client is responsible for submitting to DNA Solutions all the required samples and paperwork correctly and completely filled in, as well as being reponsible for informing DNA Solutions of any additional information needed for the Service. Otherwise, DNA Solutions cannot guarantee that the Service can be performed, that the results will be conclusive/correct/accurate and/or that the result can be released. DNA Solutions reserves the right of requiring an additional fee for the extra administrative work needed to obtain any additional information that, for the Client's negligence, had not been provided.
10. 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 (except for the prenatal paternity test), and not to any additional time imputed to third parties or required to produce any additional reports, genetic particularities of the people tested (f.ex. genetic mutations), problems with the quality of the samples, etc.
11. DNA Solutions takes no responsibility for delays or the impossibility to perform the Service due to causes out of the control of DNA Solutions. However, DNA Solutions will inform the Client in that event.
12. DNA Solutions warrants that the result obtained for the Service is correct in accordance with the information and samples provided by the Client. The accuracy advertised for the test may vary slightly on the result report, which does not invalidate the result.
13. DNA Solutions may produce a result based on less markers than those stated for the Service as long as the result meets the internal quality protocols established by DNA Solutions.
14. 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 within 6 months since the result was obtained, paying the full amount of the Service upfront. The amounts paid for both the first and second analyses will be refunded in full if it is concluded that there is an error attributable to DNA Solutions. No refund will apply if it is concluded that the error is attributable to the Client or to a third party while the samples were still under the Client's responsibility.
15. DNA Solutions reserves the right to modify the identification of the samples 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.
16. For Services in which certain samples are analysed free of charge, it will only be applied when all samples are submitted together at the same time.
17. 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.
18. The Client accepts and understands that the result obtained for the Service may be inconclusive due to technical particularities or due to the samples submitted. In these cases, DNA Solutions will inform the Client of the possible solutions, including additional analyses. These procedures will be done free of charge or at an extra cost depending on the type of procedure to be perfomed. In the event that the inconcluside result cannot be corrected, the Client accepts and understands that no refund will apply.
19. 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.
20. DNA Solutions will communicate the result to the Client at no extra cost by the methods expressed on the Client's form, except for the prenatal paternity test and for the health test, for which an additional fee will apply for sending the result by post. For all services, 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 fee for handling and shipping costs.
21. When applies, the shipping of an additional copy of the results by post will be done free of charge within 3 months since the result was first sent; after that time, a £ 15 fee will apply. The result will be resent by email free of charge, except for abusive requests, for which an extra fee of £ 15 will apply to resend the result by email any additional times.
PAYMENTS AND REFUNDS
22. The Client accepts that the Service will not be performed until the Service has been paid in full.
23. The Client has up to 3 months to make the full payment for the Service from the day the samples are received by DNA Solutions. After that time, and having informed the Client, DNA Solutions reserves the right to cancel the Service and to destroy the biological samples submitted. If applicable, DNA Solutions will refund the amount paid by the Client, deducting the administrative fees.
24. 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.
25. When a check is accepted, the Client accepts to pay an additional fee of £ 5 per check, as well as to pay a £ 50 fee if the check bounces. The result of the Service will not be released until the check has cleared (around 2 weeks).
26. 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.
27. If the Client wishes to cancel the Service before sending the samples for testing, DNA Solutions will only accept cancellation requests by email or post within 6 months since the order was placed. DNA Solutions reserved the right to request additional acrediting documents.
28. If the Client wishes to cancel the Service once DNA Solutions has begun the analysis, no refund will apply.
29. 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 £ 15 will be deducted from the amount to be refunded for administrative and other fees, except for the prenatal paternity test, for which the cancellation fee is of £ 65 when the order is cancelled after the kit has been shipped. Regarding the blood drawn for the prenatal paternity test, if it had been arranged by DNA Solutions, the costs for it will be refunded in full when the appointment is cancelled with at least 24 hours (in business days). Shipping fees will not be refunded for any Services.
30. When the Client has only paid the deposit to receive the kit, no refund will apply for cancelling the Service.
31. Regarding the pick up of the samples by a courier company, the Client accepts that they have 3 months from the day the kit was shipped to them to request said pick up and that, if that period expires or if this service is not cancelled, only a 50 % of the shipping costs will be refunded.
32. In the event that DNA Solutions is forced to cancel the Service for force majeure, the Client will be refunded the full amount paid.
33. All refunds will be done by bank transfer. When the payment was done by credit/debit card, the refund will be done through this method within the allowed timeframe.
CONFIDENTIALITY
34. DNA Solutions guarantees compliance with current regulations on data protection for any information provided by the Client or extracted from the performance of the Service. The Client has at his disposal on the DNA Solutions website the privacy policy that applies to the collection, storage and processing of data, including special categories of sensitive data and the international transfer of data inside and outside the European Economic Area. These actions are carried out solely for the contractual relationship between the Client and DNA Solutions, for which explicit consent is requested. The Client declares to have read and understood the privacy and data treatment policy, knowing that its acceptance implies the acceptance of all its clauses.
35. The Client declares to be legally entitled to receive and provide personal information of their own and of third parties, including minors if applicable. The same applies to the biological samples.
36. DNA Solutions guarantees that it will not provide any information about the Service by any means by which a reliable identification of the other party is not possible, except if the password is confirmed, if the Client has explicitly authorized it, or if it is mandatory by the data protection regulations (always reliably identifying the requesting party).
37. The Customer is responsible for keeping the password secure, although they may change it once for security reasons by sending by post a request signed by all parties.
38. 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 them.
39. DNA Solutions guarantees the availability of the information of the Service, including the result, for a period of 2 or 5 years, depending on the type of Service. Any remaining genetic material will be destroyed 3 months after the result has been obtained.
40. DNA Solutions reserves the right to modify this document at any time and without prior notice.
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