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Terms of Order

Macrogen Europe B.V. provides service or product in accordance with the following terms and conditions (the "Terms") at the client's request.

1. Purpose

The purpose of the Terms is to establish the rights and obligations of Macrogen Europe and Client with respect to Macrogen Europe's service or product as requested or ordered by Client. Macrogen Europe and Client shall faithfully perform their duties as specified in these Terms.

2. Definition

Unless specified otherwise in these Terms, the following terms have the meanings set forth herein.

  1. "Client" is a company or a person who orders service or product, and "Macrogen Europe" is the provider of the service or product to Client.
  2. "Result" means the result of an analysis ordered by Client.
  3. "Product" means goods that Macrogen Europe provides as ordered by Client and includes product or products.
  4. "Service" means doing work for Client by Macrogen Europe as ordered and includes service or services.
  5. "Completion date" means the date on which Client pays an invoice and Macrogen Europe provides the result of the service or ships the product ordered by Client.
  6. “Written form” or "in writing" includes not only general written documents, but also electronic documents and other digital formats.
  7. “Business days” means Dutch business days excluding Saturday, Sunday and national holiday.

3. Contents and Scope of the Terms

  1. Client needs any additional service or product or the parties desire to make any changes to the Terms, Macrogen Europe and Client will enter into a separate agreement to provide such additional service or product (price and payment terms will also be included) and to make changes to these Terms.
  2. 2. The terms and conditions of the separate agreement shall take precedence over these Terms, and the agreement shall be made in the written form.

4. Term

These Terms shall become effective as of the date when Client places an order and shall remain in full force and effect till the completion date unless agreed otherwise.

5. Approval of Result and Payment

  1. Macrogen Europe shall invoice Client on the completion date. Client shall pay for the service or product provided by Macrogen Europe within 30 days from the invoice date.
  2. If Macrogen Europe cannot provide any service or product due to client's circumstances, misconduct, or negligence, or the information provided by Client has any problems (such as incorrect address or email address), the date when Macrogen Europe is ready to provide the analysis result or ship the product will be deem to be the completion date.
  3. Macrogen Europe's invoice includes taxes which are generally imposed on sales of product or service, including VAT; provided, however, that if any additional taxes or import taxes are imposed based on the Circumstances of Client, Client shall pay those taxes.
  4. Client agrees that, if Client does not pay an outstanding invoice within the due date, Macrogen Europe may hire a collection agency to recover unpaid balances.
  5. Client shall inspect the result or product within 10 business days from the date of receipt and notify Macrogen Europe if there is any defects or problems. If Macrogen Europe has not given such notification within such time period, the result or product is deemed to have no defects or problems.
  6. If Client notifies Macrogen Europe of any defects or problems of the result or product, within the aforementioned time period and the parties agree that such defects or problems needs to be fixed or that sample reanalysis or a new product needs to be provided, Macrogen Europe shall provide reanalysis result or a new product within the time period agreed by the parties.
  7. If re-analysis of the service result or re-supply of the new product set forth in Section 5.7 is caused by Client (such as provision of defective samples), Client shall bear the additional cost.
  8. When Client orders a service or a product for which the price is not confirmed at the time of placement of the order, Macrogen Europe shall invoice on the date on which Macrogen Europe provides the sercice result or ships the product. If Client disputes any invoiced charges, Client shall notify Macrogen Europe of the disputed items within five (5) business days from the invoice date. If Client does not notify Macrogen Europe of the disputed items within such period, the invoice is deemed to be accepted by the Client.

6. Storage of Samples and Analysis Results

  1. Macrogen Europe, based on its internal policy, stores samples and related data for the period as specified in the following table unless requested otherwise by Client.
    Service nameAnalysis sampledata
    CES3 months3 years
    NGS3 months3 months
    Clinical3 months3 months
  2. Macrogen Europe will destroy the samples and related data when the period of time specified in the table above expires.
  3. Macrogen Europe, based on its internal policy, stores the samples and related data into commonly used storage protocols with reasonable care in the relevant industry unless requested otherwise by Client.
  4. If Client needs additional storage or additional storage period, Client shall notify Macrogen Europe in advance. if additional storage or additional storage period incurs any additional costs, Macrogen Europe shall notify Client of the costs and other relevant conditions.
  5. If Client requests destruction of samples or data, Macrogen Europe shall faithfully perform the destruction procedure; provided, however, that Client shall request the destruction in writing.

7. Information Security

  1. Macrogen Europe complies with Personal Information Protection Act, Bioethics and Safety Act, and other applicable laws and regulations related to processing orders and complies with all relevant laws and regulations
  2. If laws of other countries are applied to the analysis or storage of data, Macrogen Europe shall comply with those laws and regulations only if Client provides relevant information or requests such compliance.

8. Faithful Performance and Mutual Cooperation

  1. Client and Macrogen Europe shall faithfully perform their duties under these Terms.
  2. Client and Macrogen Europe may discuss client's order from time to time and shall cooperate with each other if necessary.

9. Confidentiality

  1. Each of the Parties agrees to keep strictly secret and confidential and use Confidential Information, including information related to each party's business management, trade secrets, technology, Clients, sample providers and any other information that should reasonably be recognized as Confidential Information ("Confidential Information"), only for the purpose of processing the order pursuant to these Terms. Notwithstanding anything in the foregoing to the contrary, each party may disclose Confidential Information pursuant to any law or legal procedure, provided that each party promptly notifies the other party in writing of such demand for disclosure.
  2. Each party shall not directly or indirectly disclose Confidential Information to any third party without the prior written consent of the other party.
  3. Each party shall not disclose Confidential Information to any third party, except the minimum number of employees who need to know such Confidential Information to process the order pursuant to these Terms.
  4. The obligations specified in Sections 9.1, 9.2, and 9.3 shall not apply to any Information which, as the Receiving Party shall demonstrate, by substantial supporting documents, at the time of disclosure:
    1. is already known to the Receiving Party;
    2. is received independently by the Receiving Party from a third party free to lawfully disclose such information to the Receiving Party;
    3. is independently developed by the Receiving Party without use of the Confidential Information; or
    4. is already in the public domain or in the future becomes part of the public domain, through no breach of these Terms.
  5. The obligations set forth in this Article shall remain in effect for two (2) years after the date of termination or expiration of these Terms.

10. Termination and Indemnification

  1. Each Party shall have the right to terminate the order and claim damages
    1. if the other Party or its creditors or any other eligible party files for its liquidation, bankruptcy, reorganization, composition or dissolution, or if the other Party is unable to pay any kind of debts as they become due, or the creditors of the other Party have taken over its management;
    2. if either party violates these Terms intentionally or by gross negligence or damages or destroys the other party or any third party's fame or property;
    3. if either party suspends performance of these Terms without good cause or interferes with the processing of the order;
    4. if the order cannot be processed due to natural disasters, economic circumstances, sudden changes in financial conditions, or other reasons for the event of force majeure; or
    5. if, during the period of these terms, either party does not cooperate with the other party to accomplish the purpose of these Terms or it is reasonably considered to be difficult to expect such cooperation.
  2. If either party makes any material breach of any terms or conditions of these Terms and fails to cure such breach within ten (10) business days after receiving written notice to cure from the other party, the other party may terminate the order pursuant to these terms.
  3. If the order is terminated pursuant to this Article, the party caused the termination shall indemnify the other party from all damages, costs, liabilities and expenses arising out of or resulting from the termination. Termination of Order does not mean an exemption from the liability for damages unless agreed otherwise.
  4. Other than the termination of these Terms pursuant to this Article, if either party has incurred damages to the other party in violation of any terms or conditions of these Terms, the party caused damages shall indemnify the other party from all such damages; provided, however, that Macrogen Europe's Indemnifiable Costs will not exceed the total amount paid by Client for each order.

11. Technical Support and Consulting Service

After placing an order, Client may request and receive additional technical support or consulting service from Macrogen Europe. In the event that such support or service incur any additional costs, Macrogen Europe shall notify and discuss with the client in advance.

12. Dispute Resolution

  1. These Terms shall be governed by and construed in accordance with the laws of the Netherlands

13. General

  1. Client agrees that these Terms apply to all service and product orders by Client through Macrogen Europe's Online Ordering System; Provided, however, if Macrogen Europe and Client enter into any separate agreement, the agreement takes precedence over these Terms.
  2. Client has read and understood the main contents of these Terms and Conditions prior to placing an order and agrees that these Terms will apply to the order.
  3. When there is any changes to these Terms, Macrogen Europe will notify Client of such changes through email or Macrogen Europe's website. Revised Terms and Conditions will be applied to the orders placed after the effective date of those Terms.
  4. If any Client disputes any part of the revised Terms, the Client shall notify Macrogen Europe, and Macrogen Europe shall take necessary measures (such as deleting the Client's account) to prevent the revised Terms from being applied to the Client.
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Order Information

Order Number
-
Customer Name
-

Order History

Sample History
Rxn. Sample
Number of
additional service sample
DNA Extraction
Primer Synth. PCR Amplification
Primer History
Universal - Enclosed -
Synthesis - Stored -
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뉴스레터 및 홍보/마케팅 활용 동의

'(주)마크로젠'는 (이하 '회사'는) 정보통신망 이용촉진 및 정보보호 등에 관한 법률, 개인정보보호법, 통신비밀보호법, 전기통신사업법, 등 정보통신서비스 제공자가 준수하여야 할 관련 법령상의 개인정보보호 규정을 준수하며, 회사는 개인정보처리방침을 통하여 고객님께서 제공하시는 개인 정보가 어떠한 용도와 방식으로 이용되고 있으며, 개인정보보호를 위해 어떠한 조치가 취해지고 있는지 알려드립니다.

회사는 개인정보처리방침을 개정하는 경우 웹사이트 공지사항(또는 개별공지)을 통하여 공지할 것 입니다.

1.이용하는 개인정보 항목

- 이름, 이메일 주소, 기관 명

2. 개인정보의 이용목적

회사는 수집한 개인정보를 다음의 목적을 위해 활용합니다.

- 마크로젠 관련 뉴스/이벤트 정보 제공 - 회원 대상 홍보, 마케팅 및 맞춤형 서비스 제공

3. 개인정보의 보유 및 이용기간

- 이용 목적 달성 시 까지

※ 위와 같은 개인정보 수집 이용에 대하여 동의를 거부할 권리가 있습니다. 그러나 동의를 거부할 경우 고객 문의 시 서비스가 제한될 수 있습니다.
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General Terms & Conditions

This agreement is a contract between you and Macrogen Europe B.V. (hereafter, Macrogen Europe) and applies to Macrogen Europe’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 procedure of all the related services provided by Macrogen Europe B.V.

1.2. Service,

Service defines that it furnishes DNA sequencing and other additional information through https://order.macrogen-europe.com to be provided by Macrogen Europe B.V. hereunder.

1.3 Effectiveness and change of the agreement,

      a) It shall come into effect on the date when Macrogen Europe 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 Macrogen Europe 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 Macrogen Europe’s request.
      c) In the event that Macrogen Europe authorizes the Service Usage to you, such notice shall be considered to be received by Macrogen Europe with 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 service with the name of other persons.
        - provide false, inaccurate or misleading information.
        - register on purpose of a manner that is defamatory, trade libellous, unlawfully threatening or unlawfully harassing.

2.1 Eligibility and Types of accounts,

      a) Macrogen Europe 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 Macrogen Europe’s Liability,

      a) Macrogen Europe 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 Macrogen Europe.
      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) Macrogen Europe 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) Macrogen Europe 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 Macrogen Europe.
      c) You shall give the notice to Macrogen Europe on this matters, if your ID is used on illegal 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) 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 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 Macrogen Europe’s required form and make this agreement with Macrogen Europe.
      b) Macrogen Europe 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 Macrogen Europe after identifying your personal information (Name, TEL, Institute, 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) Macrogen Europe 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, Macrogen Europe shall notify users or representatives in writing or phone of Macrogen Europe’s intension fixing given date and time to terminate the contract.
      b) Macrogen Europe may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination becomes effective by Macrogen Europe'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, Macrogen Europe will take appropriate action to cancel the suspension immediately.

5. 4 User’s notice management,

Macrogen Europe 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 Macrogen Europe’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 Netherlands

Aricle 7. Governing Law

The Contract shall be governed and interpreted by the laws of the Netherlands

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 wilful misconduct.

We are not liable for damage or losses to any of one’s standard 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, 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) Macrogen Europe has no obligation to confirm and represent any opinion and information provided by Macrogen Europe’ sequencing service users and third parties.

      b) Macrogen Europe 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 Macrogen Europe 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 Macrogen Europe’s banking account, or by the individual or corporate credit card

      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) Banking Check

      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 charged. Also, re-sending a new batch, in spite of the same sample names, will be regarded as a new order.