SPECIAL TERMS KYTOS ANALYSIS SERVICES
Last update: 06/06/2021
These Special Terms and Conditions are applicable to all services in the field of microbiome analysis by KYTOS whether or not in conjunction with the ‘Kytos General Terms for microbiome services’.
PRELIMINARY SCREENING OF THE MATERIALS PROVIDED
The materials provided by the Client for analysis (the Material) will be subjected to a preliminary screening by KYTOS to determine their fitness for analysis. Within a period of ten (10) working days counting from receipt of the Materials, KYTOS can give the following notices:
- ‘Not fit for the purpose’ of the intended analysis; in this case, KYTOS will return the Materials to the Client; or
- ‘In the expert opinion of KYTOS not adequate’ to obtain a useful result from the analysis; in this case, the Client can insist that KYTOS performs the analysis by giving notice within a period of two (2) working days counting from the relevant notice by KYTOS; however, in this case the risk of a failed test will reside entirely with the Client; if the Client does not give such notice, KYTOS will return the Materials on request of the Client.
Clients are strongly advised to follow the KYTOS technical guidelines concerning the delivery of Materials; however, compliance with these guidelines does not provide any warranty as to the successful outcome of the analysis. (Technical Guidelines can be found on: www.kytos.be)
If KYTOS does not give notice within the ten day term as mentioned above, the Materials shall be deemed to be suitable (in KYTOS’s opinion) for the purpose of the intended analysis, however without any warranty whatsoever of fitness for purpose by KYTOS.
HANDLING OF MATERIALS
KYTOS will not commit to any obligation concerning the storage and safe keeping of the Materials. KYTOS will exercise reasonable care to handle the Materials following the current professional practice aimed at the performance of the analysis. If KYTOS is expected to take special actions or exercise any special care in the handling and/or preservation of the Materials (including, but not limited to refrigerated storage or any other special conditioning), this will be the subject of a separate, explicit and formal agreement between KYTOS and the Client.
KYTOS assumes that no excess Material will be provided by the Client and will only return the (remainder of the) Material to the Client if this was expressly agreed and mentioned in writing on the Order Form; or, in case KYTOS refuses the Material for analysis as a result of the preliminary screening (as described above). The Material shall be returned ‘as is’; KYTOS does not warrant in any way the condition of the Material. If necessary, the Client shall take out insurance against the loss (of quality of) the Material.
Clients are strongly advised to follow the KYTOS technical guidelines concerning the delivery of Materials; however, compliance with these guidelines does not provide any warranty as to the successful outcome of the analysis. (Technical Guidelines can be found on: www.kytos.be) In these technical guidelines, the minimal / optimal quantities of Material for the different types of analysis are indicated. In case of doubt, please contact KYTOS directly.
RESULT OF THE ANALYSIS
§ 1 Unsuccessful :
If the Client should decide to insist on the analysis of material which, to the expert opinion of KYTOS is unsuitable for this purpose, there is no recourse if these analysis should lead to no useful result.
If the Material conforms to the KYTOS technical guidelines (www.kytos.be) and if KYTOS has not given notice concerning the unfitness for purpose after the preliminary screening, KYTOS will:
- In case a Positive control is available:
- Repeat the analysis should the ‘run’ on the provided Material prove to be unsuccessful (i.e. on the basis of negative results of the positive controls provided by the suppliers of the equipment used to perform the analysis)
- In case no positive control is available:
- Repeat the analysis should the ‘run’ on the provided Material prove to be unsuccessful (i.e. on the basis of minimal specifications)
- Request the Client to demonstrate that the Material was fit for the purpose of the intended analysis should the ‘run’ prove to be successful (i.e. on the basis of minimal specifications obtained), but not yielding any useful result. If the Client can demonstrate the fitness for purpose of the Material and that it falls within the parameters of the KYTOS technical guidelines (www.kytos.be), KYTOS will repeat the analysis if possible.
§ 2 Success:
Upon successful completion of the analysis, KYTOS will communicate the Results to the Client in the format indicated on the Order Form (digital, printed report, …) The Client will have a delay of acceptance of five (5) working days counting from the date of communication of the results; after this period the Client shall be deemed to have unconditionally and irrevocably accepted the results.
By default, unless the Order Form indicates otherwise, the Results of the services will be reported via the secured KYTOBOX online environment (www.kytos.be). The client shall be requested to create a user account in the KYTOBOX (the “Account”) by registering a verified e-mail address and a unique password (in compliance with the technical requirements as described in the registration procedure). The user account is deemed to be unique and proprietary.
Password Security. The Client is responsible for maintaining adequate security and control of any and all User IDs, Passwords, hints, personal identification numbers (PINs), or any other codes that client uses to access the Account. Any loss or compromise of the foregoing information and/or personal information may result in unauthorized access to the Account by third-parties. The Client is responsible for keeping its email address and other login data up to date in order to receive any notices or alerts that Kytos may send. Kytos assumes no responsibility for any loss that Client may sustain due to compromise of its Account login credentials due to no fault of the Kytos and/or Client’s failure to follow or act on any notices or alerts that Kytos may send to the Client. If the Client believes that the Account information has been compromised, or that someone has gained access to the Account without Client’s permission, the Client is requested to contact Kytos immediately, firstname.lastname@example.org. Client shall promptly review all Account and transaction records and other Communications that Kytos makes available and to promptly report any discrepancy to Kytos.
The Client shall be able to access several tools offered by the KYTOBOX to help in interpreting and visualizing the Results (the “Tools”). The output of these tools is not considered to be a formal report on the Results of the services, but is intended for illustrative purposes only. It does not provide any professional advice on how to interpret and/or implement or use the Results. Kytos does not warrant in any way that the output of the visualization tools as offered by the KYTOBOX are error-free, complete or accurate.
The use of some of the Tools offered by the KYTOBOX require the Client to upload proprietary metadata. These data will be treated by Kytos as proprietary and confidential by the Client and shall not be made available to any third party. However, by uploading said metadata, the Client does grant the Kytos the right to use the anonymized metadata for validation reference, validation and benchmarking purposes.