This agreement is between you and Macrogen Europe BV and applies to Macrogen’s services usage as a whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.
1.1 Purpose
This agreement is to comply with the laws of electric communication enterprise in the Netherlands on the utilization stipulation and procedure of all the related service provided by Macrogen Europe.
1.2 Service
"Services" mean DNA sequencing and related services provided by Macrogen Europe.
1.3 Duration and change of the agreement
a) This agreement shall come into effect on the date that Macrogen Europe posts it on its website.
b) This agreement may be amended at any time for important business reasons and work will proceed as normal after amendments are made.
2.1 Eligibility and types of accounts
a) To be eligible for our service, you shall obtain the consent of service usage from Macrogen Europe and make an agreement.
b) In the event that you want to create your own account and use our service, you shall provide us with your personal information in accordance with Macrogen Europe’s request.
c) If Macrogen Europe authorizes the service usage to you, such notice shall be considered to be received by Macrogen Europe with a user ID and other related information.
d) Macrogen Europe does not authorize the application of our service usage in accordance with the following:
- apply to use our services in the name of another person
- provide false, inaccurate or misleading information
- register for a purpose that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing
2.2 Service usage and limitation
a) Macrogen Europe can temporarily suspend the service usage due to system inspections, changes, defects, communication interruption and force majeure.
b) In the event that the service usage is suspended as set forth below in clause a), any claims of either user or third party shall be excluded.
3.1 Macrogen Europe’s liability
a) Macrogen Europe shall take steps to ensure that you can use our service immediately from the date to be registered without any failure, except for special cases.
b) You shall agree to receive emails related to our services, important notices and, if applicable, promotional emails sent by Macrogen Europe.
c) In the event that you escalate any claim, we will gather information from you and take appropriate steps. We will notify you of the reason and the procedure.
d) Macrogen Europe shall not disclose your personal information to any third party that is not directly related to the agreement, unless the disclosure is required by law, regulations or orders of the governmental authorities concerned with national security and safety.
e) Macrogen Europe does not accept liability for any damage caused by natural disasters.
3.2 User’s liability
a) You shall be liable for all the management of your own ID and password.
b) You shall agree to receive emails related to service of Macrogen Europe.
c) You shall give notice to Macrogen Europe, if the is evidence that your ID is used illegally.
d) You shall abide by clauses specified on the agreement and related laws.
e) You agree that any data generated from Macrogen Europe’s DNA sequencing and delivered to you resulted from labor, effort, material and assets of Macrogen Europe and its affiliated entities, and that you shall be liable for the payments of the processed orders regardless of the quality of the sequence data.
4.1 Supply of service results
a) Turnaround times stated are defined as the time between 1) the time of arrival of your samples or the time at which the sample QC finishes, and 2) the time of sending the results.
b) If the result is delayed beyond the promised date, you shall be notified in writing of the delayed service.
4.2 Service usage
Macrogen Europe shall treat all the sample data and information provided by you confidentially and shall not disclose them to any third party without your consent, except if the for the following purposes:
- anonymous reporting of statistics
- when required by laws, regulations or orders of government authorities
5.1 Effectiveness
a) You shall provide your personal information through Macrogen Europe’s required form
b) Macrogen Europe agrees to register users as a member if they comply with clause 5.1a.
5.2 Termination and usage limitation
a) You may terminate contract at any time. Such termination becomes effective by your email notice of termination to Macrogen Europe after identifying your personal information (name, phone number, organization, etc).
b) Upon sending of such notice, you may not, except as otherwise directed, log in with your Macrogen ID and password to use the account.
c) Macrogen Europe may terminate the contract without any notice, in whole or in part, if it:
- violates public order and established social morals
- relates to any criminal act
- intends to utilize services for damaging national interests
- intends to inflict a loss on other users
5.3 Cancellation procedure of usage limitation
a) In the case of limiting service usage, Macrogen Europe shall notify users or representatives in writing or phone of Macrogen Europe’s intention fixing given date and time to terminate the contract. Such termination becomes effective by Macrogen Europe's written notice of termination to supplier.
b) Macrogen Europe may terminate all or any part of the service at any time. Such a termination becomes effective by Macrogen Europe's written notice of termination to supplier.
c) Under article 4.2, users or representatives who are notified of the termination of service usage could make a objection.
d) In the event of resolving the suspension of service usage, Macrogen Europe will take a appropriate action to cancel the suspension immediately.
5.4 User’s notice management
Macrogen Europe can delete notices posted by users for the following without warning if they:
- damaging or offensive to a person or group
- violate public order or established social morals
- relate to any criminal act
- infringe copyright against other people
- violate laws or Macrogen Europe regulations
All disputes, controversies or differences, which may arise out of or in connection with the contract or for the breach thereof shall be finally settled by arbitration in the Netherlands in accordance with the commercial arbitration rules of the Dutch Commercial Arbitration Board and the laws of the Netherlands.
This contract shall be governed and interpreted by the laws of the Netherlands.
8.1 Liabilities
Unless otherwise stated Macrogen Europe shall not be liable for any consequential, direct or indirect damages, related to our services. Macrogen Europe is not liable for damage to or loss of sequencing result files, which are stored in Macrogen Europe's server resulting from participation in or accessing or downloading file or data in connection with the service. We reserve the right, at our sole discretion, to cancel or suspend the service should a virus, bug jeopardize our administration, security or proper operation of the service.
8.2 Remedy
Macrogen Europe shall not be liable for any losses caused by commodity transactions or lending and borrowing money through service between users and a third party, and the expected profit from service.
8.3 Liquidated damage
You shall pay liquidated damages, not as a penalty, to Macrogen Europe at the amount of 10% of the total amount in case of payments delayed beyond the due date.