General Terms & Condition

This agreement is a contract between you and Macrogen Inc. and applies to Macrogen’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 Korea on the utilization stipulation and procedure of all the related service provided by Macrogen Inc.

1.2. Service,
Service defines that it furnishes DNA sequencing and other additional information through http://dna.macrogen.com to be provided by Macrogen Inc hereunder.

1.3 Effectiveness and change of the agreement,

a) It shall come into effect on the date when Macrogen Inc. post it in public.
b) It may be amended by any such change of important business reasons and proceeded 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 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 Inc’s request

c) In the event that Macrogen Inc. authorizes the Service Usage to you, such notice shall be considered to be received by Macrogen
....Inc with User ID and other related information.

d) Macrogen Inc. does not authorize the application of our service usage in accordance with the following:

     - apply to service with 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.

2.2 Service usage and limitation

a) Macrogen Inc. 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 Mcrogens Inc’s Liability

a) Macrogen Inc. 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 e-mail related to service, important notice and promotion email / letter sent by Macrogen.

c) In the event that you escalate any claim, we will gather information from you and take a appropriate step. While it is take a few time
.... to settle it, we will notify the reasons and schedule to you.

d) Mcrogens Inc. 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, except if the disclosure is required by the laws, regulations or orders of the
.... Governmental authorities concerned.

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 e-mail related to service sent by Macrogen.

c) You shall give the notice to Macrogen on this matters, if your ID is used on illegally purposes,

d) You shall abide by clauses specified on the agreement and related laws.


Article 4. Supply and usage of Service result

4.1 Supply of Service result

a) The turnaround time define the one from the arrival of your samples to the sending of result.

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) Macrogens Inc. 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’s required form and make this agreement with Macrogen.

b) Macrogen agree to register users as a member who comply with clause 5.1.a.


5.2 Termination and usage limitation

a) You may for its convenience, terminate contract at any time. Such termination becomes effective by your e-mail notice of termination
.... to Macrogen after identifying your personal information (Name, TEL, Institute, FAX etc)

b) Upon receipt of the notice, you can not, except as otherwise directed by you in the notice, log in with your ID & PW and use it.

c) Macrogen 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 act
     iii) intend to utilize service for damaging national interests and social public benefit.
     iv) use ID and Password of other users.
     v) bring disgrace and inflict a loss on other users.
     vi) register another ID in duplicate under same user.
     vii) damage sound usage of service.

5.2 Cancellation procedure of usage limitation

a) In the case of limiting service usage, Macrgoen shall notify users or representatives in writing or phone of Macrogen’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) Macrogen may, for its convenience, terminate all or any part of the service at any time by urgent problem. Such termination becomes
.... effective by Macrogen's written notice of termination to Supplier.

c) Under the article of 4.2.1, users or representative who is notified the termination of service usage, could make a objection.

d) In the event of resolving the suspension of service usage, Macrogen will take a appropriate action to cancel the suspension
.... immediately.

5. 4 User’s notice management

Macrogen 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’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 Seoul, Korea in accordance with the Commercial Arbitration Rules of the Korean Commercial Arbitration Board and the laws of Korea.

Aricle 7. Governing Law

The Contract shall be governed and interpreted by the laws of the Republic of Korea.

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.

8.2 Remedy

a) Macrogen have no obligation to confirm and represent any opinion and information provided by Macrogen’ sequencing service,
.... users and third party.

b) Macorgen shall not be liable for any loss caused by commodity transaction or leading and borrowing money through service
.... 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 in an amount of 10% of total amount of the delayed payment behind due date.



# Appendix

1. All payment shall be made by you to the designated Macrogen’s banking account, or by the individual or corporate credit card and
....shall be made in the United States Dollar or Euro or Japanese Yen or British Pound.

2. According to the general terms and conditions on 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 followings.
    1) Telegraphic Transfer in advance
    2) Telegraphic Transfer at sight of the commercial invoice
    3) Payment of credit card as per your the level of the credit
    4) Banking Check