User Genomics Supplemental Terms
Meenta User Genomics Supplemental Terms
Last Updated: June 3, 2020
1. Requesting Genomics Services
From time to time, you may submit online orders requesting that a Host perform Genomics Services on one or more biological samples or specimens (“Specimens”), you provide and deliver to you all Results (each, a “Genomics Order”). When you submit a Genomics Order, selecting from the choices afforded on the Site, you must:
(a) select a Host to perform the Genomics Services;
(b) select from the types of Genomics Services to be performed that are afforded by such Host;
(c) respond to the specific queries asked by the Site in connection with the selected Genomics Services, including delivery and service performance timelines and any Sequencing Equipment necessary to perform such services (the “Genomics Service Specifications”);
(d) specify the type and quantity of Specimen(s) you will provide to the Host; and
(e) specify which of the protocols and other guidelines offered on the Site will govern the handling, storage, use and disposal of the Specimens by the Host (the “Protocols”).
The total fee for the requested Genomics Services (the “Host Fee”) will be made available for you to review before you are required to submit the final Genomics Order. In consideration for providing an online platform connecting you with Hosts, we retain a portion of the Host Fees for our own compensation and pay the Host performing the Genomics Services its portion of the Host Fees.
2. Meenta Review and Approval of Genomics Orders
Upon submission of a Genomics Order, Meenta and/or the Host will review the terms of the Genomics Order. We may also undertake additional checks and processes designed to help verify that you will be able to pay the applicable Host Fee, including performing a credit check. You acknowledge and agree that: (a) we or the Host may reject a Genomics Order for any reason in our or the Host’s sole discretion; and (b) we may condition acceptance of a Genomics Order on your down payment of, or your providing a letter of credit covering or all or a portion of the Host Fee, or such other conditions as may be mutually agreed (collectively, “Payment Conditions”).
3. Instant Orders
4. Fees for Genomics Services
We will invoice you for the Host Fee for each Accepted Genomics Order upon completion of the Genomics Services, when we notify you that the Results are available to be viewed and downloaded. You agree to pay us all such invoiced Host Fees within thirty (30) days after receipt of invoice. You also agree to pay us any late fees or charges you incur in connection with your failure to meet submission or delivery deadlines communicated to you through the Site (including on the Submission and Delivery Deadlines page).
5. Amendments to the Genomics Services
Using the “Amendments” feature of the Communication Tool, either you or the Host may propose to the other party (the “Reviewing Party”) an amendment to the Genomics Services or the terms the Host has agreed to provide you, including the Host Fees, Genomics Service Specifications or Protocols (a “Services Amendment”). Once a Services Amendment has been proposed, the Reviewing Party will receive a notification through the Site’s Communication Tool and will be able to review and either accept or reject the proposed Services Amendment. If the Reviewing Party chooses to accept, then the Services Amendment (including any changes to the Genomics Service Specifications and/or the Protocols) will be deemed effective. You acknowledge and agree that: (a) you shall not modify or amend the Genomics Services or the terms the Host has agreed to provide (other than through the “Amendments” feature of the Communication Tool as described in this paragraph); and (b) any such attempted modification or amendment shall be deemed to have no effect hereunder.
6. Delivery of Specimens to Host
You agree to deliver all Specimens and any other biological, chemical or other Materials to the Host at the address we provide according to the timeline specified in the applicable Accepted Genomics Order and on the Submission and Delivery Deadlines page of the Site. All Materials (including Specimens) you deliver to a Host must not include, and you must not share with us or with any Host, any personally identifiable information, including any “Protected Health Information” or “PHI” (as defined in 45 C.F.R. 160.103).
Upon completion of the Genomics Services, we will notify you by e-mail (at the e-mail address specified in your Meenta Account) or via the Communication Tool that the Results are available to be viewed and downloaded on the Site at the URL we provide.
8. Genomics Services: Additional User Attestations, Representations and Warranties
- All Materials (including the Specimens) have been de-identified as defined by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) section 164.514 (b)(2), and do not contain any personally identifiable information (including PHI);
- The delivery of the Materials (including the Specimens) to the Host and the Host’s use of such Materials to perform the Genomics Services do not and will not infringe the intellectual property rights or any other rights of any third party;
- The requested Genomics Services are being performed under a research protocol or other regulatory designation and the Results will be used solely for research purposes and will not be used for individual patient care;
- As applicable, an informed consent compliant with law and own institution policy has been obtained from each research participant from whom a Specimen has been obtained and the informed consent form appropriately authorizes the requested Genomics Services by the Host (including the sharing of Specimens with Hosts and the return of Results); and
- No additional institutional review board or ethics committee approvals are required to perform the requested Genomics Services.