This agreement is between you and Novus Genomics and applies to Novus services usage as a whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.

Article 1. General

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 Novus Genomics.

1.2 Service
“Services” mean DNA sequencing and related services provided by Novus Genomics.

1.3 Duration and change of the agreement
a) This agreement shall come into effect on the date that Novus Genomics 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.

Article 2. Registration and service usage

2.1 Eligibility and types of accounts
a) To be eligible for our service, you shall obtain the consent of service usage from Novus Genomics 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 Novus Genomics’s request.
c) If Novus Genomics authorizes the service usage to you, such notice shall be considered to be received by Novus Genomics with a user ID and other related information.
d) Novus Genomics 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) Novus Genomics 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.

Article 3. Liability

3.1 Novus Genomics’s liability
a) Novus Genomics 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 Novus Genomics.
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) Novus Genomics 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) Novus Genomics 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 Novus Genomics.
c) You shall give notice to Novus Genomics, 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 Novus Genomics’s DNA sequencing and delivered to you resulted from labor, effort, material and assets of Novus Genomics 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.

Article 4. Supply and usage of service results

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
Novus Genomics 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

Article 5. Effectiveness, termination and limitation

5.1 Effectiveness
a) You shall provide your personal information through Novus Genomics’s required form
b) Novus Genomics 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 Novus Genomics 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 Novus ID and password to use the account.
c) Novus Genomics 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
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5.3 Cancellation procedure of usage limitation
a) In the case of limiting service usage, Novus Genomics shall notify users or representatives in writing or phone of Novus Genomics’s intention fixing given date and time to terminate the contract. Such termination becomes effective by Novus Genomics’s written notice of termination to supplier.
b) Novus Genomics may terminate all or any part of the service at any time. Such a termination becomes effective by Novus Genomics’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, Novus Genomics will take a appropriate action to cancel the suspension immediately.

5.4 User’s notice management
Novus Genomics 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 Novus Genomics regulations

Article 6. Arbitration

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.

Aricle 7. Governing law

This contract shall be governed and interpreted by the laws of the Netherlands.

Article 8. Liabilities and remedy

8.1 Liabilities
Unless otherwise stated Novus Genomics shall not be liable for any consequential, direct or indirect damages, related to our services. Novus Genomics is not liable for damage to or loss of sequencing result files, which are stored in Novus Genomics’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
Novus Genomics 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 Novus Genomics at the amount of 10% of the total amount in case of payments delayed beyond the due date.

Appendix

• All payment shall be made by you to Novus Genomics BV’s designated bank account, or by the individual or corporate credit card and shall be made in euros, US dollar or British pounds.
• In line with our general terms and conditions, Novus Genomics would like to inform you that it will charge you the amount of the service charge as per the inserted card number unless the payment is done no later than one month after the receipt of the commercial invoice of our sequencing service.
• You can choose one of the payment methods among the followings:
  – Bank transfer in advance
  – Bank transfer after receiving the commercial invoice
  – Credit card
• Single pass sample resequencing policy
  Resequencing is provided in order to verify any possibility of machine error or operator’s mishandling, and is carried out only when DNA sequencing quality can be improved. Therefore, retrial requests for failures owing to template preparation or composition will be all charged. Also, sending a new sample will be regarded as a new order.