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.
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
Article 3. Liability
3.1 Macrogen 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) Macrogen 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, unless the disclosure is requires by the law, regulations or orders of the governmental
.... authorities concerned national security and safety in very exceptional case.
e) Macrogen Inc. 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 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.
e) You agree to acknowledge that any data generated from Macrogen's DNA sequencing and delivered to you resulted from labour,
.... efforts, material and assets of Macrogen and its affiliated entities, and that you shall be liable for the payments of the processed
.... order regardless of the success or fail of the sequence data.
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) Macrogen Inc. shall treat all the sample data and information
provided by you confidentially and shall not disclose them to
.... 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
Article 5. Effectiveness, termination and limitation
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
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
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
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
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.
Macrogen lifetime storage service will be provided to all of
our customers at free of charge up to fifteen (15) years from
the date of data creation.
We are not liable for damage or losses
to any of one’s standard
sequencing result files which are stored in Macrogen’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.
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.
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
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
quality can be improved. Therefore, retrial request for failures owing to
preparation or composition
....will be all charged. Also, re-sending
a new batch, in spite of the same sample names, will be regarded as a new