Terms and Conditions
1. Definitions:
1.1 ‘You’ or ‘Client’ refers to the individual person requesting or using our services.
1.2 ‘Individual’ means a single person seeking services for their own personal use and information.
1.3 ‘Informational Testing’ means DNA testing done for personal knowledge only. The results are not admissible in court proceedings.
1.4 ‘Non-Legal Testing’ means DNA testing done for personal knowledge only, not court proceedings.
1.5 ‘Price’ refers to the cost for services as listed on our website or quoted by our staff. Prices are subject to change.
1.6 ‘Service Agreement’ means any written agreement forms between us and a client, such as request forms.
1.7 ‘Services’ refers to the informational DNA testing services offered.
1.8 ‘Service Provider’ means (IDTO) Immigration DNA Testing & Paternity Testing Center.
1.9 ‘Website’ refers to our website domain name: idtodna.com.
1.10 ‘Privacy Policy’ means the privacy policy set forth on the Website.
2. Application of Terms and Conditions
2.1 These Terms and Conditions apply to all service agreements between us and the client. They take precedence over any other terms, including those provided by the client, unless otherwise agreed to in writing by our authorized representative.
2.2 All orders for our services shall be considered an offer by the client to purchase services under these Terms and Conditions. Written acceptance of an order, including email, or the client’s signature on a service agreement constitutes acceptance of these Terms and Conditions.
2.3 Any changes to these Terms and Conditions must be agreed to in writing by our authorized officer. Verbal agreements are non-binding.
2.4 Clients are responsible for ensuring any samples provided adhere to our instructions and procedures outlined in these Terms and Conditions.
4. Price and Payment
3.1 Prices listed are subject to change and do not include applicable taxes unless stated otherwise. Clients are responsible for sales, use, excise or other taxes imposed by governmental authorities, except taxes on our income.
3.2 Payment is due in full before services are provided, unless agreed otherwise in writing.
3.3 The name on testing reports will match request forms. Name changes require documentation for verification and may carry an additional fee.
3.4 We offer payment by credit/debit card or other means stated on our website. We may use third party processors like Square; use constitutes agreement to their terms. For installment plans, we will charge the card on file on scheduled dates.
3.5 Clients cannot withhold payment due to offsets, deductions or similar.
3.6 We retain rights to test results until fully paid. Clients hold risk in samples provided.
3.7 Clients must comply with our Privacy Policy, terms herein, and other guidance.
3.8 Contact us at idtodna.com or 888-204-0583 for payment questions.
3.9 Refunds:
– Full refund if canceled before the kit is issued.
– $50 fee if canceled after kit issued but before sending samples.
– No refund if canceled after the lab receives all genetic samples.
4. Services
4.1 We will not collect samples or perform analysis until receiving consent from the client or authorized representative. For minors, consent must be from a parent/guardian or as authorized by court order.
4.2 Per New York State regulations, we do not offer informational testing to NY residents or accept liability if regulations are evaded. We may restrict services in other states to comply with laws.
4.3 Informational samples lack a chain of custody so results cannot be verified or used in court.
5. Quality and Liability
5.1 We will provide services using reasonable efforts regarding communicated quality and accuracy. This is subject to events outside our control and modifications for safety, legal compliance, or business reasons that do not reduce quality.
5.2 We may make changes to comply with safety laws or improve services, if it does not hurt quality.
5.3 Clients warrant they can provide information to us. We are not liable for third party claims related to client’s data.
5.4 Each party will fully cover the other for losses from breaches hereunder.
5.5 Clients must provide all materials we request. We are not liable for delays or inaccuracies from failure to comply.
5.6 For DNA tests:
– Clients must properly collect samples per our instructions.
– We may report inconclusive results if samples are insufficient or mismatched.
– Clients must disclose any known genetic anomalies of sample donors.
– We are not liable for inconclusive results due to genetic analysis limitations or poor samples.
5.7 We conduct testing with accredited U.S. labs. Client consents to international shipping of samples.
6. Important Provisions
6.1 We disclaim all warranties not expressly stated herein. Client assumes responsibility for sample quality and viability. We provide services “as is” and disclaim other warranties expressed or implied.
6.2 Our liability is limited. We will not be liable for indirect, incidental, consequential or other specified damages above the amount paid for the service. We are not liable for third party actions.
6.3 Claims must be filed within 1 year of the cause of action accruing, or they are barred.
6.4 Client will indemnify us from third party claims related to Client’s data or its use per these terms.
6.5 We collect data subject to our Privacy Policy and these terms.
6.6 We aim for high accuracy but cannot guarantee error-free testing.
6.7 We may destroy samples after set periods from the test date.
6.8 Clients must properly store and promptly ship viable samples to avoid degradation.
6.9 Clients may request a copy of their test report in writing for a fee.
6.10 Clients must provide sufficient hair or nail sample amounts if requested.
6.11 Testing has inherent percentages of uncertainty and detection cutoffs.
6.12 We may use the backup “B” sample if needed, without client approval.
6.13 Client statutory rights still apply.
7. Delivery
The estimated turnaround times given to clients are approximate. Actual delivery of services or products may vary or be delayed due to changes in testing or issues with third party providers. We are not liable for any delays in service delivery. Time frames are not guaranteed.
8. Intellectual Property
Subject to Section 3.6, no party shall transfer any ownership or title pertaining to intellectual property rights to the other party as a result of the services rendered. As a result, both parties maintain ownership over their respective intellectual property rights.
9. Confidentiality
9.1 In this agreement, “Proprietary Information” refers to any information or data in any form, nature or media shared by any party (the “Disclosing Parties”) to another (the “Receiving Parties”) under the Service Agreement or other contracts.
9.2 The Receiving Parties agree to:
(a) protect and maintain the strict confidentiality of the information, using at least the same level of care they use to protect their own proprietary information of similar importance – at a minimum, reasonable care;
(b) only disclose the information to individuals within their organization who need to know it for the purpose of the Service Agreement;
(c) not use the information, in whole or in part, for any other purpose than to fulfill the Service Agreement;
(d) not disclose the information, directly or indirectly, to any third party or individuals except those specified in sub-paragraph (b) above or as otherwise permitted in this clause;
(e) not copy, reproduce or duplicate the information, in whole or in part, unless specifically authorized in writing by the Disclosing Parties.
9.3 All Proprietary Information and its copies remain the property of the Disclosing Parties and must be returned by the Receiving Parties immediately upon request.
9.4 The Receiving Parties are not obligated or restricted under the Service Agreement regarding Proprietary Information if they can prove that the information:
(a) was already publicly available before or after its disclosure, and not due to any wrongful act by the Receiving Parties;
(b) was already known to them, as proven by written documentation in their files;
(c) was legally received from a third party without restrictions or breach of the Service Agreement;
(d) was or is published without violating the Service Agreement;
(e) was independently developed in good faith by their employees who did not have access to the Proprietary Information;
(f) received written approval for its release or use from the Disclosing Party;
(g) was not classified or confirmed as confidential in accordance with this clause.
9.5 The Service Provider does not guarantee or imply that any information or data disclosed hereunder is complete, accurate or suitable for any specific purpose.
9.6 The termination or expiry of this Agreement does not exempt the Receiving Parties from the obligations outlined here regarding Proprietary Information received before the date of termination or expiry.
9.7 The Receiving Parties shall compensate the Disclosing Parties for any claim, damage, loss, cost or expense of any kind resulting from or in connection with any violation of this clause by the Receiving Parties or any individual to whom a disclosure was made under 9.2(b).
9.8 The Receiving Parties acknowledge that monetary damages would not be sufficient compensation for any threatened or actual breach of this clause and that the Disclosing Party is entitled to other remedies, including but not limited to, injunctive relief and specific performance.
9.9 The Service Provider may use data, results, and any surplus or previously tested samples submitted in any studies involving statistical and genetic parameters for DNA testing or toxicology testing, only if done anonymously to prevent identification of any individual, and subject to the Privacy Policy. If the Client does not want their anonymized information used in this way, they must notify the Service Provider in writing by sending an email to contact@idtodna.com
9.10 The Client agrees to comply with the terms of the Privacy Policy, as mentioned above and available on the Website.
10. Unforeseen Circumstances
10.1 Neither party will be held accountable for delays in fulfilling, or failure to fulfill, any of its obligations under this agreement (excluding payment obligations) if these are caused by events outside of its reasonable control (“Unforeseen Circumstances Event”). However, if a representative of the Client is responsible for a delay or failure, the Client will still be held accountable, unless the delay or failure is beyond the reasonable control of the representative in question.
10.2 The party citing the Unforeseen Circumstances Event should promptly inform the other party in writing of the reasons for the delay or halt (and its probable duration) and will make all reasonable efforts to resolve the delay or halt.
10.3 The party claiming the Unforeseen Circumstances Event can suspend its performance under this Agreement for as long as the Unforeseen Circumstances Event persists. The party will be granted a reasonable extension of time for performance, equal to the duration of the delay or halt at least.
10.4 Any costs associated with the delay or halt will be borne by the party that incurred those costs. If the delay or halt lasts for more than sixty (90) working days, either party may terminate any agreement immediately by giving written notice to the other, and neither party will be held accountable for such termination.
The party citing the Unforeseen Circumstances Event will make all necessary efforts to conclude that event or to find a solution that allows the contract to be executed despite the Unforeseen Circumstances Event.
11. General Terms and Conditions
11.1 Transfer of Rights
The Service Provider may freely assign or transfer its rights or delegate its duties under the Terms. The Client may not do the same without the prior written approval of the Service Provider. Any attempt to do so without consent will be null and void. Assignments do not relieve the assigning party of any of its obligations. The Terms are binding upon and benefit both parties and their permitted successors and assigns.
11.2 Agreement
These Terms are the sole agreement of the parties regarding this subject matter. They supersede all prior understandings, agreements, and representations and warranties, both written and oral.
11.3 Changes and Waivers
Changes to or modifications of the Terms are not valid unless they are in writing and signed by an authorized representative of each party. Waivers of any provisions are only valid if explicitly set forth in writing and signed by the waiving party.
11.4 Notice
Notices must be in writing and sent to the Client or the Service Provider at their respective addresses. Notices can be delivered personally, by courier, fax, email, or certified mail. Notices are only effective upon receipt or within 48 hours of delivery.
11.5 No Third Party Beneficiaries
These Terms are solely for the benefit of the parties involved and their successors and assigns. No other persons have any rights, interests, or claims unless explicitly stated in these Terms.
11.6 Independent Contractors
The parties are independent contractors. Nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between the parties. Neither party can enter into contracts or commitments or incur liabilities on behalf of the other party.
11.7 Severability
If any provision of the Terms is invalid or unenforceable in any jurisdiction, this will not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.
11.8 Governing Law
These Terms and any Service Agreement, including any disputes or claims, shall be governed by and construed according to the laws of the State of New Jersey or, if applicable, the laws of the United States of America.
11.9 Jurisdiction
Any suit, action, or proceeding related to these Terms and Conditions may be brought in the courts of the State of New Jersey. Each party consents to the exclusive jurisdiction of such courts and agrees not to object to the venue or claim that the proceeding has been brought in an inconvenient forum. Each party also agrees not to bring any action relating to the Agreement in any other court.
These terms are intended solely for clients located in the United States and any country outside the United States.