This agreement is a contract between you and Psomagen, Inc. (hereafter, Psomagen) and applies to Psomagen’s services usage in whole. You shall read, agree with and accept all of the terms and conditions contained in this agreement.
Article.1 General Rule
1. 1. Purpose,
This agreement is to comply with the law of electric communication enterprise and an Enforcement Ordinance in the United States of America on the utilization stipulation and procedure of all the related services provided by Psomagen, Inc.
1.2. Service,
Service defines that it furnishes DNA sequencing and other additional information through https://order.psomagen.com to be provided by Psomagen, Inc. hereunder.
1.3 Effectiveness and change of the agreement,
a) It shall come into effect on the date when Psomagen posts it in public.
b) It may be amended by any such change of important business reasons and proceed with work as changed after all the amendments are made.
Article 2. Enrollment of a membership 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 Psomagen and make an agreement.
b) In the event that you have the desire to create your own account and use our service, you shall provide us with your personal information in accordance with Psomagen’s request.
c) In the event that Psomagen authorizes the Service Usage to you, such notice shall be considered to be received by Psomagen with User ID and other related information.
d) Psomagen does not authorize the application of our service usage in accordance with the following:
- apply to service with the name of other persons.
- provide false, inaccurate or misleading information.
- register on purpose of a manner that is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.
2.1 Eligibility and Types of accounts,
a) Psomagen can temporarily suspend the Service usage due to system inspection, change, defect, communication interruption and Force Majeure.
b) In the event that the service usage is suspended as set forth below in clauses a), any claims of either user or third party shall be excluded.
Article 3. Liability
3.1 Psomagen’s Liability,
a) Psomagen shall take a step that you can use our service immediately from the date to be registered without any failure, except for our special cases.
b) You shall agree to receive an email related to service, important notice and promotion email / letter sent by Psomagen.
c) In the event that you escalate any claim, we will gather information from you and take an appropriate step. While it takes some time to settle it, we will notify the reasons and schedule to you.
d) Psomagen shall not disclose your personal information to any third party that is not directly related to the agreement and will limit to use and improve high quality service, unless the disclosure is required by the law, regulations or orders of the governmental authorities concerned with national security and safety in very exceptional cases.
e) Psomagen would not accept liability for any damage caused by natural disasters(earthquake, a war of the elements, flood,typhoon,etc.).
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 an email related to service sent by Psomagen.
c) You shall give the notice to Psomagen on this matters, if your ID is used on illegally purposes.
d) You shall abide by clauses specified on the agreement and related laws.
e) You shall be paid an invoice that all sequence data are to be charged and their success or failure is not a factor that determines payment.
Article 4. Supply and usage of Service result
4.1 Supply of Service result,
a) The turnaround time defines the one from the arrival of your samples to the sending of results.
b) If the result is delayed beyond the promised date, you shall be notified in writing of the fact of delayed service.
4.2 Services Usage,
a) Psomagen 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 disclosure is required by following purpose:
i) provide it by anonymity for a statistical report, academic research and market investigation.
ii) identity the said person to prevent use by stealth.
iii) required by the laws, regulations or orders of the Governmental authorities concerned.
Article 5. Effectiveness, termination and limitation
5.1 Effectiveness,
a) You shall provide your identified information as per Psomagen’s required form and make this agreement with Psomagen.
b) Psomagen agrees to register users as a member who complies with clause 5.1.a.
5.2 Termination and usage limitation,
a) You may for its convenience, terminate the contract at any time. Such termination becomes effective by your e-mail notice of termination to Psomagen after identifying your personal information (Name, TEL, Institute, FAX etc.)
b) Upon receipt of the notice, you cannot, except as otherwise directed by you in the notice, log in with your ID & PW and use it.
c) Psomagen may terminate the Contract without any notice, in whole or in part, if:
i) violate the public order and established social morals.
ii) relate to criminal acts.
iii) intend to utilize service for damaging national interests and social public benefit.
iv) use the ID and Password of other users.
v) bring disgrace and inflict a loss on other users.
vi) register another ID in duplicate under the same user.
vii) damage sound usage of service.
5.3 Cancellation procedure of usage limitation,
a) In the case of limiting service usage, Psomagen shall notify users or representatives in writing or phone of Psomagen’s intension fixing given date and time to terminate the contract. Such termination becomes effective by KHNP’s written notice of termination to Supplier..
b) Psomagen may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination becomes effective by Psomagen's written notice of termination to Supplier.
c) Under the article of 4.2.1, users or representatives who are notified the termination of service usage, could make an objection.
d) In the event of resolving the suspension of service usage, Psomagen will take appropriate action to cancel the suspension immediately.
5. 4 User’s notice management,
Psomagen can delete the notice posted by users for the following without any pre-notice.
i) injure to a persons or group’s reputation by a slander.
ii) violate public order or established social morals.
iii) commit a criminal act.
iv) infringe copyright against other people.
v) violate related law or Psomagen’s rule.
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 USA in accordance with the Commercial Arbitration Rules of the USA.
Aricle 7. Governing Law
The Contract shall be governed and interpreted by the laws of the USA.
Article8. Liabilities and remedy
8.1 Liabilities,
Unless otherwise provided herein, Supplier shall not be liable for any consequential, direct or indirect damages, related to free service except for the damages caused by willful misconduct.
We are not liable for damage or losses to any of one’s standard sequencing result files which are stored in Psomagen’s server resulting from participation in or accessing or downloading file or data in connection with the Service.
We reserve the right, in our sole discretion, to cancel or suspend the Service should a virus, bugs, or other causes beyond our control corrupt the administration, security or proper operation of the Service.
8.2 Remedy,
a) Psomagen has no obligation to confirm and represent any opinion and information provided by Psomagen’ sequencing service,users and third parties.
b) Psomagen shall not be liable for any loss caused by commodity transaction or leading and borrowing money through.services between users and a third party and expected profit from service.
8.3 Liquidated damage,
You shall pay liquidated damages, not as a penalty, to Psomagen in an amount of 10% of the total amount of the delayed payment beyond the due date.
# Appendix
1. All payments shall be made by you to the designated Psomagen’s banking account, or by the individual or corporate credit card and shall be made in the United States Dollar.
2. According to the general terms and conditions above-mentioned, we would like to inform you that we 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.
3. You can choose one of the payment methods among the following.
1) Telegraphic Transfer in advance
2) Telegraphic Transfer at sight of the commercial invoice
3) Payment of credit card as per your level of the credit
4. Single Pass Sample Resequencing policy.
Resequencing is provided in order to verify any possibility of machine error or operator's mishandling and 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, re-sending a new batch, in spite of the same sample names, will be regarded as a new order.