‘Client’ means the Individual, an authorised Legal Representative or other body requesting the Services. ‘Individual’ means an individual person requesting the Services for their own personal information and use. ‘Price’ means the price as set out in the Service Agreement, as may be stipulated at the Service Provider’s discretion from time to time and confirmed before an order is made for the Services. ‘Service Agreement’ means any agreement between the Service Provider and the Client including without limitation a request form provided by the Service Provider. ‘Services’ means the services as set out in the Service Agreement. ‘Service Provider’ means AlphaBiolabs of 4600 140th Avenue North, Suite 180, Clearwater, FL 33762. ‘Website’ means https://alphabiolabsusa.com
The Service Provider may cancel any agreement with the Client at any time before the Services are delivered or following delivery by giving written notice. On giving such notice the Service Provider shall within 7 days repay to the Client any sums paid in respect of the relevant Service Agreement subject to costs incurred by the Service Provider. The Service Provider shall not be liable for any loss or damage whatever arising from such cancellation.
No cancellation of the whole or any part of any order/Service Agreement by the Client is permitted (except in the circumstance whereby the Client is an individual, nonbusiness consumer, whereby the Client may have rights under the Consumer Protection (Distance Selling) Regulations 2000 to the extent any agreement was entered into prior to June 13, 2014 and for any contract thereafter the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (as amended) or any applicable successor regulations governing agreements between “traders” or “solicitors” and “consumers”) or where expressly agreed in writing by an authorised officer of the Service Provider and on terms which will indemnify the Service Provider against any loss incurred. The Service Provider reserves the right to make a charge to cover any administrative and laboratory procedures already performed prior to cancellation or that occur despite cancellation. Such charges are subject to change at the Service Provider’s discretion and are available upon request.
If the service is cancelled before the Service Provider issues the Client with a kit, then a full refund will be offered. If the service is cancelled after the Service Provider issues the Client a kit but before the Client sends back the samples, then a postage and administration fee of $40 will apply. If the service is cancelled once samples are received at the laboratory then no refund will be made. The Client acknowledges that the Price shall be charged and paid regardless of the Service Provider being able to communicate the Service results to the Client (eg the Client changes its contact details without informing the Service Provider).
The Client hereby acknowledges that although the Service Provider is undertaking “Pre Natal DNA Testing” Services and will use all reasonable efforts to obtain a conclusive result, due to technical and scientific limitations, this cannot be guaranteed.
Where Services are undertaken in accordance with the preceding paragraph, and an inconclusive result is reported, the Service Provider will offer to the Client an additional test free of charge (subject to the Client being a mother who is of at least 12 weeks gestation) with a newly collected sample SUBJECT TO the Client being solely responsible for the cost of a blood sample collection as required. Where the Service Provider is to undertake the blood sample collection, it shall confirm and agree with the Client the cost of such collection in advance. If the second test undertaken in accordance with the preceding paragraph is inconclusive, the Service Provider will decline to conduct further testing of this type for the Client (it being deemed that this test is not appropriate for the Client). No refunds or compensation will be payable, and such amounts will be retained by the Service Provider to compensate it for all lab work and Services undertaken. In the event the Client requests a Pre Natal DNA Test after 32 weeks gestation, the Service Provider will, as a gesture of goodwill (and as such may withdraw this offer at any time), discount its current price list for such test by 35% for the Service. Notwithstanding the foregoing, the Client shall at all times remain responsible for the costs associated with any collection of blood samples.
All Services are to be provided by the Service Provider using all reasonable commercial endeavours with regard to any quality or accuracy communicated, subject always to the Force Majeure and Delivery provisions, below.
The Service Provider may from time to time make changes in the specification of the Services which are required to comply with any applicable safety guidelines or statutory requirements or for the purposes of a commercial reasoning by the Service Provider or which do not materially and adversely affect the quality of the Services.
Each Party shall fully indemnify and keep indemnified the other against any and all loss, damage, costs, claims, expenses and other liabilities suffered or incurred by the other party arising from or in connection with the breach of any of its obligations under these Terms and Conditions, Service Agreement or other agreement.
It is the Client’s responsibility to provide all necessary or requested identification, materials or samples to the Service Provider and to complete fully any forms or documents supplied or requested by the Service Provider. Failure to do so may result in a delay in providing test results or inaccuracies in test results which may affect the evidential value of the test results and in such circumstances the Service Provider shall not be liable for any such delay or inaccuracy. The Service Provider shall not be liable for any failure to provide accurate, complete or other form of test results due to an insufficient, incomplete or poor quality of specimen. Any further testing may incur additional fees.
The Client warrants that it is entitled to provide the Service Provider with all information and data and that it shall indemnify the Service Provider from any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
Where the Services include the processing of data, as defined in the EU General Data Protection Regulation (the “GDPR”), the Service Provider, acting as a processor, shall use reasonable endeavours to comply with the GDPR, and the Client shall be responsible for the delivery of any agreement required by the GDPR.
Consequently, the Service Provider will not be liable for any claim brought by an individual who is subject to the Personal Data arising from any action or omission by the Service Provider, to the extent that such action or omission resulted directly from the Client’s instructions.
Under the applicable data protection law, the Service Provider will only obtain, use, process and disclose personal information about the Client to proceed with its responsibilities in providing the Service contracted for, and for other related purposes including updating Client records, analysis for statutory returns, crime prevention and legal and regulatory compliance. The Client has a right to a copy of personal data held about them by the Service Provider and such data can be obtained by them on payment of an administrative fee
For the analysis of DNA samples for Peace of Mind purposes, it is the responsibility of the Client to ensure that the samples are taken in accordance with the instructions provided.
To ensure testing is of the highest quality, AlphaBiolabs reserves the right to have more tests performed to satisfy strict laboratory standards and guidelines. If this process delays the reporting of results AlphaBiolabs is not liable for any refund or damages.
In compliance with the New York State Department of Health regulations, AlphaBiolabs does not make Peace of Mind testing available to residents of New York and does not accept legal responsibility if clients attempt to evade this regulation.
Peace of Mind specimens are collected without a strict chain of custody and their origins cannot be verified, hence the results are not admissible in a court of law.
Genetic mutations occur in approximately 1 – 2 % of paternity cases and when they do, the results of the test require careful interpretation by the expert scientists. If a mutation is detected, any guarantees on conclusiveness, probability values and turnaround time are not valid.
The results from complex relationship testing are not as definitive as DNA parentage tests and it is not possible to definitively determine whether two people are siblings, are the grandparents of a child or the aunt or uncle. DNA testing will only provide evidence as to whether they are more or less likely to be related and AlphaBiolabs will not be held liable if it is unable to produce results due to any statistical limitations in this type of relationship test.
AlphaBiolabs is not liable for its inability to produce test results due to insufficient sample or the nature or condition of the sample and samples that are subsequently found to have insufficient DNA material upon them will need to be recollected.
Samples that appear or are found not to be from the person named on the sample envelope shall be reported as Inconclusive and the reasons for this may be identified on the test report. The Client’s attention is drawn to the requirement of providing consent and the potential consequence of falsifying consent.
It is the responsibility of the adult sample donors to ensure that all consents are provided and that all parties taking part in the test do so on an informed basis. Failure to do so or providing false or misleading information is unlawful and may constitute an offence. The adults who submit samples for DNA relationship testing have responsibility to comply with all applicable laws and regulations of the country from where the testing is requested, where the samples are taken, and where the test results are sent. AlphaBiolabs cannot be held liable for any breaches of such laws.
For the analysis of DNA samples, it is the responsibility of the Client to disclose any form of known genetic anomaly or abnormality relating to any and all sample donors when submitting the samples for analysis.
The Service Provider shall not be liable where the failure to disclose a known genetic anomaly, or the subsequent discovery of a previously unknown genetic anomaly, results in an inconclusive or inaccurate test result.
The Service Provider shall not be liable for any results that are reported as inconclusive due to the nature of the genetic statistical analysis.
Our scientific procedures are fully validated in accordance with our Quality Management System, to ISO 17025 and/or Certification to ISO 9001. AlphaBiolabs is a UKAS accredited testing laboratory No 2773. We reserve the right to subcontract the DNA testing to other ISO 17025 or AABB accredited laboratories.
The Client understands that whilst the particular testing that the Service Provider undertakes is highly accurate, as with any testing there is a possibility of error or omission.
The Client therefore acknowledges and accepts that in the event of the Client being able to establish a claim for damages resulting from any act of the Service Provider whether negligent or otherwise, the Service Provider’s liability shall not exceed the cost paid for the test and agrees to keep the Service Provider and its agents, officers and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to the Client notifying the Service Provider in accordance with these Terms and Conditions of any error or omission within 30 (thirty) days of it or its representative (whichever is the earlier) becoming aware or should have become reasonably aware of the error or omission.
The Service Provider shall be entitled without liability to destroy all samples it receives after the expiry of one month concerning DNA analysis, from the date of the test report.
Samples taken for DNA analysis that have not yet been processed for any reason shall be destroyed 12 months following their collection date as they may no longer be viable.
Technical reports and documentation received shall be held for a period of 12 months from the date of the test report.
Should a Client wish, it may make a written request (either via post to the Service Provider’s address or via email to the Service Provider) for a copy of a test report to which it has either (a) consented to have undertaken, or (b) instructed the Service Provider to undertake or (c) participated in the test. Subject to all amounts from the Client having been paid in full and cleared funds, the Service Provider shall make available to the requesting party a copy of the test report. The Service Provider shall charge, and the Client agrees to pay, an administrative fee for a hard copy.
For “3 – 5 day” service delivery of DNA relationship testing, all samples must be received prior to 10:00am of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends or UK Bank Holidays).
Where the Service Provider is required, for whatever reason, to outsource to a partner laboratory, the analysis time may consequently be longer.
All participants in the testing process are entitled to a copy of the test report upon written request (an administration fee may apply).
In these terms and conditions “Proprietary Information” shall mean any information or data in whatever form, nature or media disclosed by any Parties (the “Disclosing Parties) to the other (the “Receiving Parties”) pursuant to the Service Agreement or other agreements.
The Receiving Parties undertake that such information will:
- be protected and kept in strict confidence by the Receiving Parties which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care;
- be only disclosed to and used by those persons within the Receiving Parties’ organisation who have a need to know and solely for the Service Agreement;
- not be used in whole or in part for any purpose other than the performance of the Service Agreement
- neither be disclosed nor caused to be disclosed whether directly or indirectly to any third party or persons other than those mentioned in sub-paragraph (b) above or as otherwise permitted herein
- neither be copied, nor otherwise reproduced nor duplicated in whole or in part where such copying, reproduction or duplication has not been specifically authorised in writing by the Disclosing Parties
- any Proprietary Information and copies thereof shall remain the property of the Disclosing Parties and shall be returned by the Receiving Parties forthwith upon request
- the Receiving Parties shall have no obligations or restrictions under the Service Agreement with respect to any Proprietary Information which the Receiving Parties can prove
- has come into the public domain prior to, or after the disclosure thereof and in such case through no wrongful act of the Receiving Parties; or
- is already known to the Receiving Parties, as evidenced by written documentation in the files of the Receiving Parties; or
- has been lawfully received from a third party without restrictions or breach of this Service Agreement; or
- has been or is published without violation of this Service Agreement; or is independently developed in good faith by employees of the Receiving Parties who did not have access to the Proprietary Information; or
- is approved for the release or use in question by written authorisation of the Disclosing Party; or
- is not designated or confirmed as confidential in accordance with this Clause
- no warranty or representation is given or to be implied by the Service Provider as to the completeness, accuracy or suitability for any particular purpose of any information or data disclosed hereunder
- the termination or expiry of this Agreement shall not relieve the Receiving Parties of the obligations imposed herein in respect of Proprietary Information received prior to the date of the termination or expiry
- all participants in the testing process are entitled to a copy of the test report upon written request (an administration fee may apply)
- the Receiving Parties hereby indemnify the Disclosing Parties against any claim, damage, loss, costs and/or expense of any kind incurred by the Disclosing Parties as a consequence of or in connection with any breach of this clause by the Receiving Parties and any person to whom a disclosure has been made under (b) above
- the Receiving Parties acknowledges that damages would not be a sufficient remedy for any threatened or actual breach of this Agreement and that the Disclosing party will be entitled to other remedies, including but not limited to, injunctive relief and specific performance
- the Service Provider shall be entitled to use data, results and any surplus samples submitted in any studies relating to statistical and genetic parameters for DNA testing but only in an anonymous manner to prevent the identity of any individual being traceable. Should the Client not wish the Service Provider to use its anonymised information in this manner, it may notify the Service Provider in writing by sending an email to email@example.com
Neither party shall be liable for any delay in performing nor failure to perform any of its obligations under this agreement (excluding any payment obligations) caused by events beyond its reasonable control (‘Force Majeure Event’). However, any delay or failure by a representative of the Client shall not relieve the Client from liability for delay or failures except where that delay or failure is also beyond the reasonable control of the representative concerned.
The party claiming the Force Majeure Event shall promptly notify the other in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.
The party claiming the Force Majeure Event shall have its performance under this Agreement suspended for the period that the Force Majeure Event continues and the party will have an extension of time for performance which is reasonable and in any event, equal to the period of delay or stoppage.
Any costs arising from the delay or stoppage will be borne by the party incurring those costs. Either party may, if the delay or stoppage continues for more than sixty (60) working days, terminate any agreement with immediate effect on giving written notice to the other or neither party shall be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event. No title or ownership with regard to any intellectual property rights shall be transferred by a party to the other party as a result of the performance of the Service Agreement and consequently the parties retain title to all their respective intellectual property rights.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the Client or the Service Provider at their respective address as detailed in the Service Agreement or such other address as the Parties may from time to time notify the other in writing and shall be deemed to have been served and sent by post 48 hours after posting.
For the avoidance of doubt nothing contained in these Terms and Conditions or the Service Agreement shall confer on any third party any benefit or the right to enforce these Terms and Conditions or the Service Agreement except where otherwise agreed in writing by the Service Provider.
These Terms and Conditions shall be governed by and construed in accordance with the internal laws of the State of Florida (without regard to the application of any conflicts of laws principles), or if applicable, the laws of the United States of America.
Any suit, action or proceeding seeking to enforce any provision of, or based on any matter arising out of or in connection with, these Terms and Conditions may be brought in the courts of the State of Florida, in Pinellas County, and the federal courts in the Middle District of Florida, Tampa Division. Each of the parties: (a) consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding, (b) irrevocably waives, to the fullest extent permitted by law, any objection which he, she or it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum, (c) will not attempt to deny or defeat such personal jurisdiction by motion or other request for leave from any such court, and (d) will not bring any action relating to these Terms and Conditions in any other court.
These terms and conditions shall apply to the exclusion of all other terms and conditions including any which the Client may purport to apply under any agreement, purchase order, confirmation of order or similar document.
All orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these terms and conditions. The Service Provider shall not be deemed to have accepted until the Client has paid for the service ordered.
Acceptance of the service shall be confirmed once the Client has paid for the service.
The payment shall be deemed as conclusive evidence of the Client’s acceptance of these terms and conditions.
Company name: AlphaBiolabs LLC | Address: 4600 140th Avenue North, Suite 180, Clearwater, FL 33762 | Telephone: 727 325 2902