Terms and conditions
Please read our terms & conditions carefully
1.1 ‘Client’ means the Individual, an authorised Legal Representative or other body requesting the Services.
1.2 ‘Individual’ means an individual person requesting the Services for their own personal information and use.
1.3 ‘Price’ means the price as set out in the Service Agreement, as may be stipulated at the Service Provider’s discretion from time to time and confirmed before an order is made for the Services.
1.4 ‘Legal Representative’ means an authorised law firm requesting the Services on behalf of a client.
1.5 ‘Service Agreement’ means any agreement between the Service Provider and the Client including without limitation a request form provided by the Service Provider.
1.6 ‘Services’ means the services as set out in the Service Agreement.
1.7 ‘Service Provider’ means AlphaBiolabs of 14 Webster Court, Carina Park, Warrington, WA5 8WD.
1.8 ‘Website’ means www.alphabiolabs.co.uk.
2. Application of Terms and Conditions
2.1 These Terms and Conditions shall apply to all Service Agreements by the Service Provider to the Client to the exclusion of all other terms and conditions including any terms or conditions which the Client may purport to apply under any agreement, purchase order, confirmation of order or similar document. No conduct by the Service Provider shall be deemed to constitute acceptance of any terms put forward by the
Client. If any terms are provided by any other party then the Service Provider’s Terms and Conditions shall be deemed to apply to the exclusion of such third party terms to the benefit of the Service Provider.
2.2 All orders for Services shall be deemed to be an offer by the Client to purchase the Services pursuant to these Terms and Conditions. Written acceptance (including email acceptance) of the Services or the Client’s signature upon the Service Agreement shall be deemed conclusive evidence of the Client’s acceptance of these Terms and Conditions.
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by an authorised officer of the Service Provider.
2.4 Any offer to purchase any Services made orally must be confirmed in writing. The Service Provider shall not be deemed to have accepted any offer until the Client has signed and delivered to the Service Provider any necessary request forms and/or Court Orders or similar forms (together with a copy of any Legal Aid for DNA Profiling Paternity Service where applicable, including the relevant solicitor’s Legal Aid Board Contract Number) and where the Service Provider has given written notice of acceptance.
3. Price and Payment
3.1 In addition to other terms that are set out in these Terms and Conditions which are stated to apply to either Clients who are Individuals or Clients who are Legal Representatives this section shall apply to all payments due from the Client to the Service Provider.
3.2 Where a Legal Representative is instructing the Service Provider on behalf of a client that is not subject to an acceptable LAA funding certificate, and the Legal Representative does not pay the Price to the Service Provider in accordance with these Terms and Conditions, the Service Provider shall have the right to reclaim any amounts due and owing from the named individual for whom the Services are being obtained on behalf of. The individual is required to sign a consent form and accept these Terms and Conditions prior to the Service Provider undertaking the Services. The Legal Representative warrants that it will have clearly communicated this provision to its client and informed them in no uncertain terms of their possible liability, including for the Price should it remain unpaid.
3.3 The Prices for any Services are subject to change and unless otherwise stated all prices quoted are exclusive of VAT. The Price shall be subject to variation by the Service Provider in the event of an increase after the Service Provider’s acceptance of an order due to a rise in the cost to the Service Provider in providing the Services.
3.4 All applications in relation to price match promotions must be supported by written quotations from an ISO 17025 accredited company providing a fully inclusive, like-for like service.
3.5 In the event of the Client, or any individual required to attend by the Client, not attending a pre-arranged sample collection appointment or not giving at least 24 hours’ notice of cancellation a fee for the full price of the collection shall be payable by the Client. The Client hereby accepts that it shall pay such fees in accordance with the Service Provider’s invoice.
3.6 An administration charge of between £30.00 plus VAT and £90.00 plus VAT (at the
Service Provider’s absolute discretion) is payable by the Client for all cases that are cancelled after an instruction is received by the company. The Client hereby accepts that it shall pay such fees in accordance with the Service Provider’s invoice.
3.7 Disbursement costs, where applicable, may be requested from the Client prior to the Service Provider entering into an agreement with such third parties on behalf of the Client.
3.8 Payment of the Price and VAT where applicable shall be due prior to the Services being provided unless the Client is a court or solicitor awaiting confirmed assistance from the Legal Aid Authority or equivalent in which instance payment shall made to the Service Provider immediately upon receipt by the Client of such assistance from the Legal Aid Authority or equivalent.
3.9 The Client shall pay the full amount invoiced to it by the Service Provider in pounds sterling within 30 days of the date of invoice, unless the Client is in receipt of an LAA funding certificate.
3.10 Where the Client is in receipt of an LAA funding certificate and provides the Service Provider with such certificate to the Service Provider’s satisfaction, in which case payment terms will be within 30 days of the date of invoice, should payment not be received within this time, the Service Provider shall appoint a third party external debt recover agency to recover any amounts due and owing.
3.11 If the case does not proceed due to AlphaBiolabs being unable to secure a sample from a participant in the testing, we will only raise the invoice for a failed collection(s) to the instructing party. This invoice will not be split if a split form has been provided’
3.12 The Client acknowledges that the name written on the request forms or similar documents will be the name that is printed on the test report. If any change to such name is requested, documentation in support of the change as required by the Service Provider shall be provided to the Service Provider but the Service Provider shall be under no obligation to make any alteration if in its reasonable opinion the supporting documentation is insufficient. The Client acknowledges that an additional administrative fee may be required.
3.13 Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at a rate of 3% above base rate of the
Service Provider’s chosen bank from time to time in force and shall accrue at such a rate after as well as before any judgment. As an alternative to the above, the Service Provider shall have, at its discretion, the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
3.14 The client accepts that AlphaBiolabs will no longer accept cheques as a valid form of payment from 1st January 2019. From this date only, bank transfers will be accepted. Any cheques received after this date will be returned to the client and a bank transfer settling the outstanding invoices must be provided.
3.15 The Client shall have no right to withhold any fees payable because of any set-off, counter-claim, abatement, or other similar deduction.
3.16 The Client shall reimburse to the Service Provider immediately the entire cost of re-presenting any cheque or other instrument delivered to it in payment of any sum due by the Client or representative.
3.17 Any failure to pay on the due date will represent a breach of the Service Agreement condition entitling the Service Provider to rescind the Service Agreement for breach of condition and/or to claim damages.
3.18 The Client hereby acknowledges that whilst where the Service Provider is undertaking “Pre Natal DNA Testing” Services, the Service Provider will use all reasonable endeavours to obtain a conclusive result, due to technical and scientific limitations, this cannot be guaranteed.
3.19 Where Services are undertaken in accordance with clause 3.18, and an inconclusive result is reported, the Service Provider will offer to the Client an additional test free of charge (subject to the Client being a mother who is of at least 12 weeks gestation) with a newly collected sample SUBJECT TO the Client being solely responsible for the cost of a blood sample collection as required. Where the Service Provider is to undertake the blood sample collection, it shall confirm and agree with the Client the cost of such collection in advance.
3.20 If the second test undertaken in accordance with Clause 3.19, above, is inconclusive, the Service Provider will decline to conduct further testing of this type for the Client (it being deemed that this test is not appropriate for the Client). No refunds or compensation will be payable, and such amounts will be retained by the Service Provider to recompense for all lab work and Services undertaken. In the event the Client requests a Pre Natal DNA Test after 32 weeks gestation, the Service Provider will, as a gesture of goodwill (and as such may withdraw this offer at any time), discount its current price list for such test by 35% for the Service. Notwithstanding, the Client shall at all times remain responsible for the costs associated with any collection of blood samples.
3.21 Risk in and to any samples or specimens provided by the Client shall remain with the Client. Any title in and to any test results (including but not limited to any confidential information and/or other intellectual property rights) or similar shall rest with the Service Provider until all payments have been received by the Service Provider from the Client.
3.23 In the event that the Client has any queries that, at the discretion of the Service Provider, require an expert opinion, then the Service Provider shall be entitled to charge, and the Client agrees to pay, at a rate of £95.00 + VAT per hour for such an opinion according the Service Provider’s quotation.
3.24 If the Client has any queries regarding invoices then the Client shall contact the Customer Services team of the Service Provider, whose decision on such matter shall be final.
3.25 For Solicitor and Local Authority cases we do offer a split invoicing service at our discretion. We do require the split invoicing form to be completed and returned to us prior to completion of the testing. If we do not receive the split invoicing form prior to the completion of the testing we will invoice the instructing party in full.
However, once an invoice has been issued, retrospective split invoicing cannot be requested. The Client agrees that the costs of the instruction will be their sole responsibility, unless signature(s) have been obtained from the split party/ parties in agreement to pay their part of the split invoice.
3.26 SCRAM Service specific terms
The Client undertakes to ensure that any SCRAM participant (where the Service Provider is providing SCRAM equipment and services to the Client) has expressly agreed to, and observes, any applicable SCRAM participation terms as made available from the Service Provider from time to time. In the event the participant defaults on any such terms, the Client shall be responsible as though such acts and omissions were its own (i.e. return of SCRAM equipment, damage to equipment etc.).
The Client is responsible for ensuring participants use any SCRAM equipment provided in accordance with any instructions or directions provided by the Service Provider.
All title in any SCRAM equipment provided remains at all times the Service Provider’s. The Risk in any SCRAM equipment when in possession of the Client (or participant as instructed by the Client) shall be the Client’s.
In the event of any loss (including failure to return to the Service Provider) or damage to any SCRAM equipment, the Client hereby agrees to pay on demand to the Service Provider the following: full bracelet £1254 + VAT, bracelet strap £69 + VAT, base station £705 + VAT. The Client shall pay the full amount invoiced to it by the Service Provider in pounds sterling within 30 days of the date of invoice.
The Client hereby indemnifies the Service Provider for any loss, damages, claims, or costs suffered as a result of the Client instructing the Service Provider to provide the SCRAM equipment and provide the SCRAM services to any participant.
4. Controller to Controller Sharing of Information
Where the client is also a data controller, the following shall apply:
Where you are instructing AlphaBiolabs with regard to the provision of services, we shall handle all personal data in accordance with our Privacy Notice (available on our website). This includes the collection of billing information and contact details for fulfilment of a contract. AlphaBiolabs shall be Data Controller with respect of such personal information.
In addition to the information, above, AlphaBiolabs shall be Data Controller with respect to personal data obtained from sample donors. In relation to the sensitive personal information collected (which constitutes a special category of data) AlphaBiolabs shall be responsible for all appropriate consents at the point of collection and shall handle such information in accordance with our Privacy Notice (available on our website)
Where you disclose to AlphaBiolabs personal information (i.e. regarding donor samples, or parties for split invoicing) you are disclosing this as a Data Controller in respect of such information. As such you shall comply with all the obligations set under the data protection legislation in respect of any personal data you disclose or transfer. This includes, without limitation, the express requirement for you, as Data Controller (disclosing to us acting in our capacity as Data Controller), to maintain a compliant privacy notice in accordance with Article 13 of the GDPR. This policy will set out the legal basis for disclosure to AlphaBiolabs, our role and services to be provided, and confirmation we will contact them (if required).
You shall indemnify and keep AlphaBiolabs fully and effectively indemnified in respect of all losses, damages, costs, charges, expenses and liabilities (including regulatory penalties imposed on AlphaBiolabs) arising out of or in connection with a breach by you of the data protection legislation (including, without limitation, the failure to adhere to the above provisions by documenting to the data subject the transfer of data to AlphaBiolabs and consent, or other legal basis, to permit AlphaBiolabs to contact them and provide the services required. This includes AlphaBiolabs contacting any party named with regards to split invoicing, or donors to arrange sample collection (though AlphaBiolabs shall be responsible for, and the sole data controller, in respect of any special category data collected, other than the disclosure of results).
5. Services for Individuals
Where the instructing Client is an Individual, the following section shall apply:
4.1 Collection of any samples and subsequent analysis as part of the Services shall not be undertaken by the Service Provider unless any consent signatures of the Client, or such other information as reasonably requested by the Service Provider, is received by the Service Provider.
Where an instructing party signs to provide consent for a child under the age of 18 years, it must be demonstrable that they are legally qualified to provide such consent by being named on the child’s birth certificate, by certification of Legal Guardianship of the child, or via an Interim Care Order.
4.2 Where consent is provided for a post-mortem sample collection, this must similarly be demonstrable, e.g. by an appropriate chain of parentage via birth certificates.
NB: When providing consent for the provision and analysis of a test sample, it is a serious offence punishable by imprisonment to impersonate, or assist in the impersonation of, another person or to proffer the wrong child for that purpose.
4.3 Although the drugs requested by the instructing party are being tested as a priority, we may also conduct tests on collected samples for other drugs. Where we have undertaken such tests and the instructing party requests the results of these tests at a later date, as part of the consent that is given, the Client agrees to us making these further test results available. Any issues should be discussed with the instructing party in the case.
4.4 Where payment to the Service Provider is made by cheque, any test result or other deliverable generated by the Service Provider in providing the Services shall be made available to the Client the next working day following the Service Provider’s bank confirming that the cheque has cleared in full.
4.5 The Service Provider may offer the Client the option of payment of the Price via credit or debit card. Should the Service Provider agree with the Client that the payment of the Price be made in instalments, the Client hereby consents to the Service Provider charging the payment details it has on file for the full amounts due on the dates agreed. The Client acknowledges that the Price shall be charged and paid regardless of the Service Provider being able to communicate the Service results to the Client (e.g. the Client changes its contact details without informing the Service Provider).
6. Quality and Liability
5.1 All Services are to be provided by the Service Provider using all reasonable commercial endeavours with regard to any quality or accuracy communicated, subject always to the Force Majeure and Delivery provisions, below.
5.2 The Service Provider may from time to time make changes in the specification of the Services which are required to comply with any applicable safety guidelines or statutory requirements or for the purposes of a commercial reasoning by the Service Provider or which do not materially and adversely affect the quality of the Services.
5.3 The Client warrants that it is entitled to provide the Service Provider with all information and data and that it shall indemnify the Service Provider from any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
5.4 Where the Services include the processing of data as defined in the Data Protection Act 1998 (the ‘Act’) the Service Provider acting as a processor shall use reasonable endeavours to comply with the Act and the Client shall be responsible for the delivery of any agreement required by the Act.
Consequently, where drugs of abuse and/or their biomarkers are detected in hair strands, whose analyses have not been requested, it is the Service Provider’s policy to exclude this data from Reports or Statements of Witness.
5.5 The Client acknowledges that the Service Provider is reliant on the Client for direction as to the extent to which the Service Provider is entitled to use and process the Personal Data (within the meaning of the ‘Act’).
5.6 Consequently, the Service Provider will not be liable for any claim brought by an individual who is subject to the Personal Data arising from any action or omission by the Service Provider, to the extent that such action or omission resulted directly from the Client’s instructions
5.7 Each Party shall fully indemnify and keep indemnified the other against any and all loss, damage, costs, claims, expenses and other liabilities suffered or incurred by the other party arising from or in connection with the breach of any of its obligations under these Terms and Conditions, Service Agreement or other agreement.
5.8 It is the Client’s responsibility to provide all necessary or requested identification, materials or samples to the Service Provider and to complete fully any forms or documents supplied or requested by the Service Provider. Failure to do so may result in a delay in providing test results or inaccuracies in test results which may affect the evidential value of the test results and in such circumstances the Service Provider shall not be liable for any such delay or inaccuracy. The Service Provider shall not be liable for any failure to provide accurate, complete or other form of test results due to an insufficient, incomplete or poor quality of specimen. Any further testing may incur additional fees.
5.9 For the analysis of DNA samples for Peace of Mind purposes, it is the responsibility of the Client to ensure that the samples are taken in accordance with the instructions provided.
Samples that are subsequently found to have insufficient DNA material upon them will need to be recollected.
Samples that appear or are found not to be from the person named on the sample envelope shall be reported as Inconclusive and the reasons for this may be identified on the test report. The Client’s attention is drawn to Section 4.2 of these Terms and Conditions in respect of providing consent and the potential consequence of falsifying consent.
For the analysis of DNA samples, whether for Peace of Mind or Legal purposes, it is the responsibility of the Client to disclose any form of known genetic anomaly or abnormality relating to any and all sample donors when submitting the samples for analysis.
The Service Provider shall not be liable where the failure to disclose a known genetic anomaly, or the subsequent discovery of a previously unknown genetic anomaly, results in an inconclusive or inaccurate test result.
The Service Provider shall not be liable for any results that are reported as inconclusive due to the nature of the genetic statistical analysis.
5.10 Our scientific procedures are fully validated in accordance with our Quality Management System, to ISO 17025* and/or Certification to ISO 9001.
*AlphaBiolabs is a UKAS accredited testing laboratory No 2773, Sample collection services are not included within accreditation to ISO 17025.
Opinions and interpretations, if provided, are outside the scope of UKAS accreditation.
5.11 For the analysis of drugs of abuse and alcohol biomarkers in hair strands, it must be borne in mind that hair is a biological substance and its uptake of such substances will take place with some degree of variability, both for the same individual and between different individuals. Moreover, following consumption of such substances there will also be some degree of variability in the production and uptake of their products of metabolism (“metabolites”) into the hair strands.
The failure to detect metabolites of a parent drug in a hair sample may result in not being able to conclusively prove ingestion of that substance.
5.12 The growth rate of hair is subject to some degree of variability. The Service Provider follows the guidelines of “The Society of Hair Testing” in calculating the rate of growth of hair when determining the likely time period(s) over which drugs of abuse and alcohol biomarkers were incurred into the hair.
5.13 The application of hair products prior to sampling, or more than normal frequency or vigorous shampooing, may affect hair strands in such a way as to affect the results of testing.
Products containing alcohol may have an effect on the results of testing for alcohol biomarkers, depending on the alcohol content and the frequency of use of such products.
Products containing bleaching agents or dyes may reduce the detectable levels of drugs of abuse and alcohol biomarkers in hair strands, depending on the nature and frequency of use of such products.
7. THE CLIENT’S ATTENTION IS DRAWN TO THE FOLLOWING PROVISIONS
6.1 Other than those set out herein, all warranties and conditions whether implied by statute or otherwise are excluded from these Terms and Conditions PROVIDED THAT nothing in these Terms and Conditions shall restrict or exclude liability for death or personal injury caused by the negligence of the Service Provider.
6.2 Without prejudice to the above, the Service Provider shall not be liable to the Client, whether in contract, tort (including negligence) or restitution, or for breach of statutory duty or misrepresentation, or otherwise, for any, loss of profit, loss of goodwill, loss of business, loss of business opportunity, loss, anticipated saving, loss or corruption of data or information, special, indirect or consequential damage suffered by the other Party that arises under or in connection with these Terms and Conditions and any Service Agreement.
6.3 The Service Provider shall not be liable for any costs, losses or damages incurred due to the actions or omissions of any third party.
6.4 The Client understands that whilst the particular testing that the Service Provider undertakes is highly accurate, as with any testing there is a possibility of error or omission. The Client therefore acknowledges and accepts that in the event of the Client being able to establish a claim for damages resulting from any act of the Service Provider whether negligent or otherwise, the Service Provider’s liability shall not exceed the cost paid for the test and agrees to keep the Service Provider and its agents, offices and employees harmless from all further claims or damages. The Client’s rights hereunder shall be subject to the Client notifying the Service Provider in accordance with these Terms and Conditions of any error or omission within 30 (thirty) days of it or its representative (whichever is the earlier) becoming aware or should have become reasonably aware of the error or omission.
6.5 The Service Provider shall be entitled without liability to destroy all samples it receives after the expiry of one month concerning DNA analysis and three months concerning hair analysis from the date of the test report.
Samples taken for DNA analysis that have not yet been processed for any reason shall be destroyed 12 months following their collection date as they may no longer be viable. Technical reports and documentation received shall be held for a period of 12 months from the date of the test report. A storage fee may be charged to the Client for extended storage.
6.6 Should a Client wish, it may make a written request (either via post to the Service Provider’s address or via email to the Service Provider) for a copy of a test report to which it has either (a) consented to have undertaken, or (b) instructed the Service Provider to undertake. Subject to all amounts from the Client having been paid in full and cleared funds, the Service Provider shall make available to the requesting party a copy of the test report. The Service Provider shall charge, and the Client agrees to pay, an administrative fee of £8.33 + VAT for a hard copy.
6.7 Where the Service Provider is undertaking Services for drug, EtG or FAEE analysis, the Client shall be required to provide a hair sample of at least 20 milligrams. Should the Service Provider request, the Client shall provide additional samples as necessary.
For “Same Day” service delivery of DNA relationship testing, all samples must be received prior to 09:00 of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends).
For “Next Day” service delivery of DNA relationship testing, all samples must be received prior to 10:00 of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends).
For “5 Day” service delivery of drugs and alcohol biomarkers in hair, all samples must be received prior to 10:00 of the first working day. The service delivery of cases for which this criterion is not met shall be counted from the following working day (Please note, this does not include weekends).
We reserve the right to outsource analyses to accredited partner laboratories where non-standard drugs have been requested and/ or where operational difficulties mean that the turnaround time would be shorter as a result of doing so.
6.8 The Client hereby acknowledges that all Services are subject to a % of uncertainty and minimum cut off concentration for each analyte. The various uncertainty % and minimum cut off concentrations are attached at Schedule 1.
6.9 Whilst endeavouring to preserve and maintain the integrity of the ‘B’ sample (the second sample collected from the donor), in certain circumstances (such as but not exclusive to, internal quality control or if insufficient material is present in the ‘A’ sample), we reserve the right to use the ‘B’ sample at our own discretion and without recourse to the Client.
6.10 In the instance of a dispute arising from the toxicological results provided by the Service Provider, the ‘B’ sample, (if available) may be released to an independent laboratory that has been commissioned by the Client at the latter’s expense. All such requests shall be authorised in writing by the Client, confirming their acceptance of responsibility for the incurred fees. Or, as part of our investigation (and with the Clients agreement), The Service Provider may subcontract to an independent laboratory a repeat analysis of the B sample on their behalf. Following such independent analysis, when arranged by the Service Provider, a response detailing the findings will be provided to the Client.
If the results from the independent laboratory are substantially in agreement with those of The Service Provider, the Client shall be liable in full for the fees incurred by the independent laboratory.
Should the results from the independent laboratory differ from those of the Service
Provider sufficiently to give rise to an alternative interpretation, the Service Provider shall be responsible for the fees incurred by the independent laboratory.
Similarly, no documentation relating to the case will be released by the laboratory unless written authorisation is obtained from the donor. Any request must clearly identify to whom the sample or documentation should be released.
6.11 These Terms and Conditions shall not affect the statutory rights available to the Client where applicable.
7.1 Without prejudice to any other claim, right or remedy which either party may have, make or exercise against the other party whether under this Service Agreement or at law, this Service Agreement may be terminated forthwith by either party giving written notice to the other party on the happening of any of the following events:-
(a) if the other party commits any breach of any of the terms of these Terms and Conditions and any such breach, if capable of remedy, is not remedied within fourteen (14) days of receipt by the party in breach of written notice specifying the breach, provided that if the breach is remedied to the reasonable satisfaction of the party serving the notice within the said fourteen (14) days, then the notice shall be of no further effect; or
(b) if the other party, being a company, is unable to pay its debts (within the meaning of Clause 123(1) of the Insolvency Act 1986), has a receiver or administrator appointed over or in respect of any or all of its assets or undertaking or an order of the court is made or an effective resolution is passed for the winding up of the other party or as an individual becomes bankrupt.
Delivery times provided to the Client shall be approximate as the Services specified may alter or third parties may delay delivery of products or services. The Service Provider shall not be liable for any delay in the delivery of the Services and time shall not be of the essence.
9.1 The Service Provider may cancel any agreement with the Client at any time before the Services are delivered or following delivery by giving written notice. On giving such notice the Service Provider shall within 7 days repay to the Client any sums paid in respect of the relevant Service Agreement subject to costs incurred by the Service Provider. The Service Provider shall not be liable for any loss or damage whatever arising from such cancellation.
9.2 No cancellation of the whole or any part of any order/Service Agreement by the Client is permitted (except in the circumstance whereby the Client is an individual, nonbusiness consumer, whereby the Client may have rights under regulation 7(1) (a) (vi) of the Consumer Protection (Distance Selling) Regulations 2000 or where expressly agreed in writing by an authorised officer of the Service Provider and on terms which will indemnify the Service Provider against any loss incurred). No refund is payable once analysis of the samples has commenced.
11. Intellectual Property
No title or ownership with regard to any intellectual property rights shall be transferred by a party to the other party as a result of the performance of the Service Agreement and consequently the parties retain title to all their respective intellectual property rights.
11.1 In these terms and conditions “Proprietary Information” shall mean any information or data in whatever form, nature or media disclosed by any Parties (the “Disclosing Parties) to the other (the “Receiving Parties”) pursuant to the Service Agreement or other agreements.
11.2 The Receiving Parties undertake that such information will:
(a) be protected and kept in strict confidence by the Receiving Parties which must use at least the same degree of precaution and safeguards as it uses to protect its own proprietary information of like importance, but in no case less than reasonable care;
(b) be only disclosed to and used by those persons within the Receiving Parties’ organisation who have a need to know and solely for the Service Agreement.
(c) not be used in whole or in part for any purpose other than the performance of the Service Agreement
(d) neither be disclosed nor caused to be disclosed whether directly or indirectly to any third party or persons other than those mentioned in sub-paragraph (b) above or as otherwise permitted herein;
(e)neither be copied, nor otherwise reproduced nor duplicated in whole or in part where such copying, reproduction or duplication has not been specifically authorised in writing by the Disclosing Parties.
11.3 Any Proprietary Information and copies thereof shall remain the property of the Disclosing Parties and shall be returned by the Receiving Parties forthwith upon request.
11.4 The Receiving Parties shall have no obligations or restrictions under the Service Agreement with respect to any Proprietary Information which the Receiving Parties can prove:
(a) has come into the public domain prior to, or after the disclosure thereof and in such case through no wrongful act of the Receiving Parties; or
(b) is already known to the Receiving Parties, as evidenced by written documentation in the files of the Receiving Parties; or
(c) has been lawfully received from a third party without restrictions or breach of this Service Agreement; or
(d) has been or is published without violation of this Service Agreement; or
(e) is independently developed in good faith by employees of the Receiving Parties who did not have access to the Proprietary Information; or
(f) is approved for the release or use in question by written authorisation of the Disclosing Party; or
(g) is not designated or confirmed as confidential in accordance with this Clause.
11.5 No warranty or representation is given or to be implied by the Service Provider as to the completeness, accuracy or suitability for any particular purpose of any information or data disclosed hereunder.
11.6 The termination or expiry of this Agreement shall not relieve the Receiving Parties of the obligations imposed herein in respect of Proprietary Information received prior to the date of the termination or expiry.
11.7 All participants in the testing process are entitled to a copy of the test report upon written request (an administration fee may apply).
11.8 The Receiving Parties hereby indemnify the Disclosing Parties against any claim, damage, loss, costs and/or expense of any kind incurred by the Disclosing Parties as a consequence of or in connection with any breach of this clause by the Receiving Parties and any person to whom a disclosure has been made under (b) above.
11.9 The Receiving Parties acknowledges that damages would not be a sufficient remedy for any threatened or actual breach of this Agreement and that the Disclosing party will be entitled to other remedies, including but not limited to, injunctive relief and specific performance.
11.10 The Service Provider shall be entitled to use data, results and any surplus samples submitted in any studies relating to statistical and genetic parameters for DNA testing but only in an anonymous manner to prevent the identity of any individual being traceable. Should the Client not wish the Service Provider to use its anonymised information in this manner, it may either tick the box on the consent form or notify the Service Provider in writing by sending an email to firstname.lastname@example.org.
13. Force Majeure
12.1 Neither party shall be liable for any delay in performing nor failure to perform any of its obligations under this agreement (excluding any payment obligations) caused by events beyond its reasonable control (‘Force Majeure Event’). However any delay or failure by a representative of the Client shall not relieve the Client from liability for delay or failures except where that delay or failure is also beyond the reasonable control of the representative concerned.
12.2 The party claiming the Force Majeure Event shall promptly notify the other in writing of the reasons for the delay or stoppage (and the likely duration) and will take all reasonable steps to overcome the delay or stoppage.
12.3 The party claiming the Force Majeure Event shall have its performance under this Agreement suspended for the period that the Force Majeure Event continues and the party will have an extension of time for performance which is reasonable and in any event equal to the period of delay or stoppage.
12.4 Any costs arising from the delay or stoppage will be borne by the party incurring those costs. Either party may, if the delay or stoppage continues for more than sixty (60) working days, terminate any agreement with immediate effect on giving written notice to the other or neither party shall be liable to the other for such termination. The party claiming the Force Majeure Event will take all necessary steps to bring that event to a close or to find a solution by which the contract may be performed despite the Force Majeure Event.
13.1 The Client shall not assign, transfer, purport to assign or transfer any agreement to which these Terms and Conditions apply or the benefit thereof to any other person or body whatsoever unless agreed in writing by the Service Provider.
13.2 The Service Provider may, from time to time, appoint third party service providers to assist in the delivery of the Services. The Service Provider shall use all reasonable endeavours to ensure any third party appointed is a suitable technically competent laboratory.
13.3 These Terms and Conditions contain the full and complete understanding between the parties and supersede all prior arrangements and understandings whether written or oral appertaining to the subject matter of these Terms and Conditions and any related documents and may not be varied except by an instrument in writing signed by the Client and the Service Provider. The Client acknowledge that no representations or promises not expressly contained in these Terms and Conditions have been made to the Client by the Service Provider in any agreement or by any of its servants, agents, employees, members or representatives.
Any notice to be given hereunder shall be in writing and shall be deemed to have been duly given if sent or delivered to the Client or the Service Provider at their respective address as detailed in the Service Agreement or such other address as the Parties may from time to time notify the other in writing and shall be deemed to have been served and sent by post 48 hours after posting.
16. Third Parties
For the avoidance of doubt nothing contained in these Terms and Conditions or the Service Agreement shall confer on any third party any benefit or the right to enforce these Terms and Conditions or the Service Agreement except where otherwise agreed in writing by the Service Provider.
17. Governing law
16.1 These Terms and Conditions and any Service Agreement including any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.
16.2 The Parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection these Terms and Conditions and any Service Agreement or their subject matter or formation (including non-contractual disputes or claims).
18. Company Details:
Name: Alpha Biolaboratories
Address: 14 Webster Court, Carina Park, Warrington, WA5 8WD
Tel: 0333 600 1300
* Society of Hair Testing (SoHT) recommended cut-off guideline values. Results greater than these values are regarded as POSITIVE and less than or equal to these values are regarded as NEGATIVE.
# In House cut-off values. Results greater than these values are regarded as POSITIVE and less than or equal to these values are regarded as NEGATIVE.
Schedule 2 – Supplemental terms (COVID-19 Testing, PCR, Antigen and Anti-body Testing)
The following terms are supplemental to the Terms and Conditions and shall apply to the provision of COVID-19 PCR, instant antigen and instant antibody tests as provided by the Service Provider.
The content of our site, guidance provided, published information, and materials made available are not intended to be a substitute for professional medical advice, diagnosis, or treatment. We provide analytical services only and refer you to the government guidelines based on the same. You must not rely on AlphaBiolabs as an alternative to medical advice from your doctor or healthcare provider.
If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.
1. Conflict of terms
To the extent that any terms of the Terms and Conditions conflicts with the terms of this Schedule 2, the terms of this Schedule 2 shall prevail.
2.1 COVID-19 means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);
2.2 Test means an AlphaBiolabs COVID-19 PCR, instant antigen and/or instant antibody test.
2.3 All other defined terms (i.e. those which are capitalised) shall have the same meaning as in the Terms and Conditions, unless otherwise stated.
3.1 The Client must provide express consent that is freely, affirmatively, and transparently, given with regards to the Service Provider delivering any Testing kit and providing results to the Client.
3.2 The Client must be at least 18 years old to complete a Test without the consent of a parent and/or legal guardian. Where a party signs to provide consent for a child under the age of 18 years, it must be clear that they are legally qualified to provide such consent by being named on the child’s birth certificate, by certification of Legal Guardianship of the child, or via an Interim Care Order.
4. Using the Testing kit
4.1 The Client must ensure that it carefully reads the instruction leaflet that accompanies the Service Provider’s Testing kit before conducting a Test. The Service Provider will not be held responsible for any inconclusive or inaccurate Test results, or injury suffered by the Client, as a result of the Client failing to use the Testing kit as instructed.
4.2 In the event that the Client uses a Testing kit providing immediate results (such as an instant antigen and/or antibody Testing kit), the Client should dispose of the Testing kit itself at a suitable waste facility once use is complete. Testing kits should not be returned to the Service Provider.
5. Accuracy of results
5.1 For the avoidance of doubt the Test is intended to provide the Client with an indication as to whether or not the specimen collected as part of the Test has an adequate viral, antigen and/or anti-body load to indicate a positive test result for COVID-19. If the Client does not collect an adequate specimen in the manner described in the instruction leaflet that accompanies the Service Provider’s Testing kit, the Test may produce an inaccurate or inconclusive result and the Service Provider shall have no liability to the Client or any third parties as a result of the Client failing to carry out the Test as described.
5.2 The Test will not provide any information regarding immunity or treatment for COVID-19, nor any indication as to the likelihood of the Client being infected with COVID-19 in the future and should not be considered as a suitable alternative or replacement to seeking medical advice from a qualified professional.
6. Uncertainty of measurement
6.1 The COVID-19 RT-PCR test looks for 3 COVID-19 specific genes and 2 of the 3 genes must be present to assign a positive result. The result for each gene is compared against a cut-off level above which the sample will be regarded as positive and below which it will be reported as negative. A statistically derived measurement of uncertainty has been calculated for each target gene. It is important to note that when interpreting negative results, the sample may either be truly negative, or it may indeed contain the virus only at a concentration below the cut-off level. Mutations within the COVID-19 virus or “new variants” may mean that one or more of the target genes cannot be detected.
6.2 The test requires a swab to be collected as described in the kit instructions; improper sampling may produce inaccurate results.
6.3 If an inadequate or blank specimen produces an inconclusive result, the client will be required by law to take an additional test so that a viable result is obtained. The client shall be liable for all additional charges and will not be eligible for a refund for the inadequate or blank test.
7. If you receive a POSITIVE PCR or Antigen Test result
7.1 In the event that the Client receives a positive Test result, the Client must self-isolate immediately for the period of time recommended by the NHS here: https://www.nhs.uk/conditions/coronavirus-covid-19/self-isolation-and-treatment/how-long-to-self-isolate/
7.2 As COVID-19 is listed as a “notifiable disease” under UK law, the Service Provider must also notify the Client’s local authority and/or local Health Protection Team (HPT) of the personal information of any Client who receives a positive PCR Test result. This information will be passed on to Public Health England in order for it to analyse local and national trends in COVID-19 infection rates.
7.3 Where the Client has provided explicit consent (as part of the registration process), the Service Provider will disclose a copy of the Test results to the Client’s employer. If such consent is not provided by the Client, the Service Provider cannot provide the Client’s employer with a copy of the Test results, and the Service Provider shall have no liability to the employer for any losses or costs suffered by the employer as a result.
8. Fit to Fly/Fit to Work Certificates
8.1 Where the Client requires a certificate of proof of the Client’s COVID-19 infection status (for example, to evidence the Client’s negative COVID status on arriving in another country (known as a ‘Fit to Fly’ certificate), or to the Client’s employer (known as a ‘Fit to Work’ certificate). Where requested by the Client, the Service Provider will provide a Fit to Fly or Fit to Work certificate (as requested) to the Client, subject to the following terms:
8.2 The Service Provider will not issue a Fit to Fly or Fit to Work certificate in the event of the Client receiving a positive Test result for COVID-19.
8.3 By requesting a Fit to Fly or Fit to Work certificate the Client agrees that it has not, at any time during the 14 days up to and including the day of the Test being carried out:
i) experienced any symptoms of COVID-19;
ii) as far as it is aware, has not been in close contact with any other person who has COVID-19 at the time of close contact; and
iii) as far as it is aware, has not been in close contact with any other person who should have been self-isolating in accordance with government guidelines at the time of close contact.
8.4 The Service Provider will not issue a Fit to Fly or Fit to Work certificate to the Client in the event of:
i) the Client receiving a positive COVID-19 Test result;
ii) the Client being unable to confirm the requirements of paragraph 7.3, above.
8.5 In the event of the Client receiving a positive Test result, the Service Provider will issue a COVID PCR certificate of analysis confirming the Client’s Test result, rather than a Fit to Fly or Fit to Work certificate.
8.6 The Client acknowledges that a Fit to Fly certificate, as issued by the Service Provider, does not guarantee the Client entry or admission into any country or territory. The Client has sole responsibility for fulfilling and complying with the entry requirements of any country or territory that it wishes to enter, and the Client agrees that the Service Provider shall have no responsibility or liability for any loss, cost, damage or expense incurred by the Client as a result of being unable to gain entry to any country or territory.
8.7 The Client shall not be entitled to any refund where a Fit to Fly or Fit to Work certificate cannot be issued due to a positive Test result.
9. Day 2, Day 8 and Test To Release Testing
9.1 In the event that a Day 2 test gives a positive Covid result, the Client will not require a Test To Release or a Day 8 test. See Section 10 for refund policy.
9.2 In the event that a Client receives a positive Day 2 test result, that Client will not require a Day 8 test. For all other Clients within the same household a Day 8 test must still be carried out. Under these circumstances none of the Clients within the same household will be eligible for a Test To Release test. All Clients within the household must follow the Government advice on isolation. Please refer to Section 10 for refunds where applicable
9.3 The Client must ensure that it collects Day 2 & Day 8 samples on the correct day(s) and returns the samples to the Service Provider’s laboratory immediately. Failure to do so may delay the Client’s ability to end quarantine.
9.4 Testing kits requiring immediate dispatch will be sent the same day for all orders received before 2pm.
9.5 For all positive Day 2 samples, the Service Provider will arrange for the COVID virus to be DNA sequenced and for the technical data to be reported to the relevant authorities at no extra cost to the Client.
9.6 The Service Provider cannot accept responsibility for samples that may have been lost in the laboratory.
9.7 The Service Provider will offer a free re-test in the event that a Client’s PCR test yields an inconclusive result.
9.8 Due to the rapidly evolving situation in relation to guidelines for travelling abroad, the Service Provider cannot give and cannot be held responsible for specific advice on individual country travel requirements. It is the Client’s sole responsibility to ascertain the exact requirements for its destination.
10.1 The Testing kits are sealed goods, and the Client does not have the right to cancel an order once it has been accepted by the Service Provider. The Client does not have the right to return and/or receive a refund for any Testing kit whether used or unused (unless there is evidence that the Testing kit is faulty and/or not fit for purpose). For general PCR testing, the Client must pay a case cancellation fee in the event that the case is cancelled before the Client’s sample is submitted to the Service Provider. For Day 2, Day 8 and Test To Release tests, the Client must ensure that any Day 2 sample(s) are sent back to the Service Provider immediately. In the event that a refund has been requested after testing kits have been dispatched, a £20 kit fee (for each kit) plus courier fee (if applicable) will be deducted from the refund. Where Testing kits have not been dispatched a full refund shall be given. The Client must allow 5 working days for refund(s) to be actioned. Please note the payment processor may also take up to 3 working days to return the Client’s payment.
10.2 The Service Provider will not accept responsibility for Clients using general PCR testing kits for Day 2, Day 8 or Test To Release tests. No refund will be given if a test is completed only for it to be determined that the Client requires a different type of COVID PCR test. Clients should ask the Service Provider for guidance in advance if unsure.
10.3 The Service Provider cannot accept responsibility for the performance of Royal Mail or courier services and therefore cannot accept responsibility for delayed samples. For urgent cases it is recommended that the Client hand delivers samples where possible.
11. Our liability
11.1 The Service Provider shall not be liable for any direct, indirect, general, special, consequential, or other losses and/or costs suffered by the Client as a result of the Client failing to use the Testing kit as instructed, failing to complete the online case registration form correctly, or being provided with inaccurate and/or inconclusive Test results by the Service Provider.
11.2 Nothing in this agreement limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and breach of the terms implied by statute.