CONTRACT (OFFER)

for the provision of paid services for conducting genetic research

This document is an official proposal (offer) of the Limited Liability Company “BIOVARA” (TIN: 4632305710, OGRN: 1254600001765; phone: +7 (499) 490-28-01, e-mail: info@dnk-otcovstvo.ru), hereinafter referred to as the “Contractor,” and contains all essential terms of the contract for the provision of paid services.

1. GENERAL PROVISIONS AND DEFINITIONS

1.1. This public offer (hereinafter referred to as the “Offer”) is an official proposal of the Contractor addressed to an unlimited number of individuals (hereinafter referred to as the “Customer”) to conclude a contract for the provision of paid services in accordance with Articles 435 and 437 of the Civil Code of the Russian Federation.

1.2. The Acceptance of this Offer shall be deemed the payment by the Customer for the Contractor’s services. Upon receipt of funds into the Contractor’s bank account, the Contract shall be deemed concluded (Article 438 of the Civil Code of the Russian Federation).

1.3. Services – actions performed by the Contractor for conducting genetic (including prenatal, informational, and forensic genetic) analyses based on biological material samples provided by the Customer and/or other test participants.

1.4. Biological Material – samples containing DNA (buccal epithelium, blood, non-standard samples, etc.) provided by the Customer or other test participants.

1.5. Analysis Result – a document containing information on the results of the analysis, prepared upon completion of the testing of biological material.

1.6. Standard Sample – buccal epithelium or blood of a pregnant woman (for prenatal analysis) collected in accordance with the Contractor’s instructions.

1.7. Non-Standard Sample – any sample presumed to contain human DNA that is not a standard buccal (cheek) epithelium sample collected on a cotton swab or polymer probe in accordance with the sampling instructions indicated on the website.

1.8. Website – the Contractor’s information resource on the Internet at https://dnk-otcovstvo.ru, containing information about the services, their terms, contact details, and the procedure for ordering and payment.

2. SUBJECT OF THE CONTRACT

2.1. The Contractor undertakes, at the request of the Customer, to provide services for conducting genetic analysis of biological material, and the Customer undertakes to pay for the rendered services under the terms of this Offer.

2.2. The specific list of services, their scope, the method of biological material delivery, the need for consumables, and other individual conditions shall be agreed upon between the Customer and the Contractor’s manager prior to payment.

2.3. The cost and timeframe for the service shall be communicated to the Customer by the manager via telephone or messenger and are not fixed in this Offer. The Contract shall be deemed concluded in respect of a specific service after payment of the corresponding order.

2.4. The services do not constitute medical services within the meaning of Federal Law No. 323-FZ of 21.11.2011 “On the Fundamentals of Health Protection of Citizens in the Russian Federation” and are not intended for diagnosis, treatment, or health prognosis.

3. ORDER PROCEDURE AND CONTRACT FORMATION

3.1. The Customer submits a request for service provision through the form on the website, by phone, or via messenger. The Contractor’s manager provides information about the available analyses, costs, timeframes, procedures for submitting biological material, and payment.

3.2. After agreeing on the terms, the Customer receives a payment link from the Contractor. Payment is made using the payment systems available on the website.

3.3. Payment for the service by the Customer constitutes full and unconditional acceptance of the terms of this Offer, as well as consent to the processing of personal data and the analysis of biological material.

3.4. Consent to the processing of personal data is valid indefinitely until the purposes of service provision under this Offer are achieved.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Contractor undertakes to:

• provide the Customer with instructions for collecting biological material samples;
• ensure that the analysis of biological material is conducted within the timeframes agreed with the Customer;
• send the Analysis Result electronically to the Customer’s e-mail address or through the Personal Account;
• maintain confidentiality and comply with the legislation of the Russian Federation concerning personal data and medical secrecy;
• inform the Customer if additional samples or documents are required due to the impossibility of analysis.

4.2. The Contractor has the right to:

• refuse to conduct analysis in case of the Customer’s violation of sampling and transfer instructions;
• suspend the provision of services in the absence of payment or if there are outstanding debts;
• engage third parties (laboratories, courier services) to perform specific stages of the service;
• unilaterally extend service timeframes in case of poor-quality samples provided by the Customer.

4.3. The Customer undertakes to:

• submit to the Contractor the biological material and documents required for analysis in proper condition;
• pay for the services in full prior to the commencement of analysis;
• follow instructions on sample collection, transportation, and accompanying documentation;
• maintain up-to-date contact details and promptly receive notifications from the Contractor.

4.4. The Customer has the right to:

• receive consultation regarding the selection of analysis and interpretation of results;
• cancel the service prior to the commencement of analysis by notifying the Contractor and requesting a refund;
• receive the Analysis Result in electronic form and, if necessary, in hard copy.

4.5. The Analysis Result is of an informational nature only and does not constitute a medical report. Should the analysis results be required for official procedures (e.g., in court), the Customer must notify the Contractor in advance to ensure compliance with the proper sampling and documentation procedures.

5. COST AND PAYMENT PROCEDURE

5.1. The Contractor’s services are provided on a 100% prepayment basis.

5.2. The cost of a specific service is determined individually and communicated to the Customer by the Contractor’s manager prior to payment.

5.3. Payment may be made by any of the following methods:

• via the payment link provided by the manager, using electronic payment systems;
• via QR code;
• via the payment form on the Contractor’s website;
• via bank transfer to the Contractor’s account.

5.3.1. The Contract is deemed concluded upon payment.

5.4. The payment obligation is deemed fulfilled upon crediting of funds to the Contractor’s bank account.

6. REFUND CONDITIONS

6.1. The Customer has the right to withdraw from the Contract prior to the commencement of analysis by submitting written notice to the Contractor.

6.2. A refund is possible only if the biological material has not been accepted for analysis. In all other cases, no refund is provided.

6.3. In cases where biological material of inadequate quality is provided or the sampling and transportation instructions are not followed, the cost of the service is non-refundable.

7. FORCE MAJEURE

7.1. The Parties shall be released from liability for partial or complete non-fulfilment of obligations under this Contract if such non-fulfilment results from force majeure circumstances, including but not limited to: natural disasters, military actions, changes in legislation, disruptions in transportation or postal services, or epidemics.

7.2. The occurrence of such circumstances must be confirmed by an official document issued by a competent authority.

8. CONFIDENTIALITY

8.1. All information exchanged within the framework of this Contract is confidential and shall not be disclosed to third parties, except as required by the legislation of the Russian Federation.

8.2. The Contractor undertakes to take all necessary measures to ensure the security of personal data and analysis results.

9. CONSENT TO PERSONAL DATA PROCESSING

9.1. By concluding this Offer, the Customer consents to the processing of his/her personal data, including surname, name, patronymic, date of birth, address, contact phone number, e-mail, as well as special categories of personal data (health information, genetic data) in accordance with Article 10 of Federal Law No. 152-FZ, and also biological samples.

9.2. The processing of personal data is carried out for the purposes of:

– performance of this Contract;

– maintaining feedback communication;

– informing the Customer about the progress of service provision and analysis results;

– archiving information within the laboratory in accordance with legal requirements.

9.3. The Customer also consents to the transfer of his/her personal data and biological samples to third-party laboratories accredited by the Contractor solely for the purpose of analysis performance.

9.4. The Customer hereby confirms that he/she provides informed and voluntary consent for the processing of special categories of personal data for the purpose of service provision under this Contract and acknowledges familiarity with the Personal Data Processing Policy available on the Contractor’s website.

10. LIABILITY OF THE PARTIES

10.1. The Parties shall be liable for breach of the terms of this Contract in accordance with the legislation of the Russian Federation.

10.2. The Contractor shall not be liable for inaccurate or incomplete information provided by the Customer, nor for analysis quality in cases of uninformative or contaminated biological material.

10.3. The Contractor does not guarantee the receipt of results when non-standard samples are used and shall not be liable for the impossibility of obtaining results in such cases.

11. TERM OF THE OFFER

11.1. This Offer becomes effective upon its publication on the Contractor’s website and remains valid indefinitely until revoked by the Contractor.

11.2. The Contractor may amend this Offer at any time. Amendments take effect upon publication of the updated version on the website.

12. DISPUTE RESOLUTION

12.1. All disputes and disagreements arising between the Parties shall be resolved through negotiation.

12.2. If no agreement is reached, the dispute shall be submitted to the court at the Contractor’s location.

13. CONSENT FOR ANALYSIS OF NON-STANDARD BIOLOGICAL SAMPLES

13.1. By providing non-standard samples for analysis, the Customer acknowledges and agrees as follows:

1. The submitted sample may not contain human DNA suitable for analysis;
2. The sample may contain degraded or contaminated human DNA unsuitable for analysis;
3. The sample may contain a mixed DNA profile (profiles of several individuals), making analysis impossible;
4. The presence of human DNA can only be determined after full laboratory processing, including DNA extraction and analysis.

13.2. By providing non-standard samples, the Customer acknowledges that:

1. The issuance of a conclusion, including one stating the impossibility of obtaining a suitable DNA profile and/or calculating kinship probability, constitutes completion of the analysis;
2. The Customer waives any claims if the analysis fails to produce a DNA profile and/or kinship probability due to the sample’s quality.

13.3. By providing non-standard samples, the Customer acknowledges that:

• the provided samples may be fully consumed during analysis, including complete or partial destruction during DNA extraction;
• samples may not be returnable due to technological or operational reasons;
• the Contractor is not obliged to store provided samples beyond internal storage time limits;
• sample storage conditions are governed by the Contractor’s internal regulations, which may be changed without notice to customers.

13.4. By providing non-standard samples, the Customer agrees that the return of remaining (unused) samples is possible only if all four of the following conditions are met:

• no more than 30 calendar days have passed since the laboratory received the samples;
• the Contractor has received a written return request;
• the Contractor has received payment for the delivery of the returned samples;
• the requested samples are available in the laboratory.

13.5. By providing non-standard samples, the Customer confirms that:

1. he/she has received complete and comprehensible information about the analysis, its specifics, and possible outcomes;
2. he/she has read the information regarding the characteristics of non-standard sample analysis;
3. all information provided by the Customer is accurate;
4. he/she waives any claims against the Contractor in case of impossibility to obtain a DNA profile, calculate kinship probability, or return the sample.

CONTRACTOR DETAILS

Abbreviated name: LLC “BIOVARA”
Full name: LIMITED LIABILITY COMPANY “BIOVARA”
TIN 4632305710
OGRN 1254600001765

Phone: +7 (499) 490-28-01

E-mail: info@dnk-otcovstvo.ru

Website: https://dnk-otcovstvo.ru