Qatar Service Agreement - DO NOT USE
STEM CELL STORAGE AGREEMENT
This Stem Cell Storage Agreement is a Contract that has been developed between “CELLSAVE” and the “Client” which sets out theGeneral Terms and Conditions by which CELLSAVE and the Client will cover all aspects of the Parties› agreement.
This is a very important document, which the Client should read through carefully. Client has to complete the Contract as describedbelow. A copy will be emailed to the client for their own reference/record.
This document consists of the following sections:
A. SERVICE AGREEMENTB. INFORMED CONSENTC. FEE SCHEDULE
• As per American Association of Blood Banks (AABB) and International Standards, this form should be signed before the birth of your baby.• Complete all parts of this form. This includes your full details, clinic/hospital, physician/midwife, delivery due date, details for multiple births (if applicable), and loyalty reduction for returning clients (if applicable).• It is important that we have the Clients’ full name as per the passport.
• As per AABB and International Standards, this form should be signed before the birth of your baby.• Complete all parts of this form.This form gives us the consent for Cord Blood, Cord Tissue, and/or (if applicable) Placental Tissue, Amnion Placental Tissue and Cord Vessel collection.• It is important that we have the Clients’ full name as per the passport.
• This form provides the summary of fees payable.
A. SERVICE AGREEMENT
For the processing, testing, cryopreservation and storage ofCord Blood Stem Cells and/or (if applicable)Cord Tissue/Placental Tissue/ Amnion Placental Tissue / Cord Vessel, between
CELLSAVE a CSG-BIO SA company, a company with limited liability registered, existing and operating under the laws of Switzerland;Having its registered office at Rue de Hesse 12,1204 Geneva, Switzerland;
(Here in after referred to as “CELLSAVE”).
The Parent(s)/Legal Guardian(s) listed below on their behalf and the behalf of the (unborn) Child(Hereinafter jointly to be referred to as the “Client” or the “Clients”)
(CELLSAVE and the Client, together, the “Parties”)
(Client to fill in the relevant fields below)
Last Maiden Name :
Country : UAEBahrainEgyptKuwaitOmanQatarSaudi ArabiaAfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBahamasBangladeshBarbadosBelarusBelizeBelgiumBeninBhutanBoliviaBosnia and HerzegovinaBotswanaBrazilBruneiBulgariaBurkina FasoBurundiCôte d'IvoireCabo VerdeCambodiaCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCongo (Congo-Brazzaville)Costa RicaCroatiaCubaCyprusCzech RepublicDemocratic Republic of the CongoDenmarkDjiboutiDominicaDominican RepublicEcuadorEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFijiFinlandFranceGabonGambiaGeorgiaGermanyGhanaGreeceGrenadaGuatemalaGuineaGuinea - BissauGuyanaHaitiHoly SeeHondurasHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMadagascarMalawiMaldivesMalaysiaMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew ZealandNicaraguaNigerNigeriaNorth KoreaNorth MacedoniaNorwayPakistanPalauPalestine StatePanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugalRomaniaRussiaRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSenegalSerbiaSeychellesSierra LeoneSingaporeSlovakiaSloveniaSomaliaSolomon IslandsSouth AfricaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSwedenSwitzerlandSyriaTajikistanTanzaniaThailandTimor-LesteTogoTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTuvaluUgandaUkraineUnited KingdomUnited States of AmericaUruguayUzbekistanVanuatuVenezuelaVietnamYemenZambiaZimbabwe
Date of Birth :
Email Address :
Last Name :
First Name :
Date of Birth:
Country: UAEBahrainEgyptKuwaitOmanQatarSaudi ArabiaAfghanistanAlbaniaAlgeriaAndorraAngolaAntigua and BarbudaArgentinaArmeniaAustraliaAustriaAzerbaijanBahamasBangladeshBarbadosBelarusBelizeBelgiumBeninBhutanBoliviaBosnia and HerzegovinaBotswanaBrazilBruneiBulgariaBurkina FasoBurundiCôte d'IvoireCabo VerdeCambodiaCameroonCanadaCentral African RepublicChadChileChinaColombiaComorosCongo (Congo-Brazzaville)Costa RicaCroatiaCubaCyprusCzech RepublicDemocratic Republic of the CongoDenmarkDjiboutiDominicaDominican RepublicEcuadorEl SalvadorEquatorial GuineaEritreaEstoniaEswatiniEthiopiaFijiFinlandFranceGabonGambiaGeorgiaGermanyGhanaGreeceGrenadaGuatemalaGuineaGuinea - BissauGuyanaHaitiHoly SeeHondurasHungaryIcelandIndiaIndonesiaIranIraqIrelandIsraelItalyJamaicaJapanJordanKazakhstanKenyaKiribatiKyrgyzstanLaosLatviaLebanonLesothoLiberiaLibyaLiechtensteinLithuaniaLuxembourgMadagascarMalawiMaldivesMalaysiaMaliMaltaMarshall IslandsMauritaniaMauritiusMexicoMicronesiaMoldovaMonacoMongoliaMontenegroMoroccoMozambiqueMyanmarNamibiaNauruNepalNetherlandsNew ZealandNicaraguaNigerNigeriaNorth KoreaNorth MacedoniaNorwayPakistanPalauPalestine StatePanamaPapua New GuineaParaguayPeruPhilippinesPolandPortugalRomaniaRussiaRwandaSaint Kitts and NevisSaint LuciaSaint Vincent and the GrenadinesSamoaSan MarinoSao Tome and PrincipeSenegalSerbiaSeychellesSierra LeoneSingaporeSlovakiaSloveniaSomaliaSolomon IslandsSouth AfricaSouth KoreaSouth SudanSpainSri LankaSudanSurinameSwedenSwitzerlandSyriaTajikistanTanzaniaThailandTimor-LesteTogoTongaTrinidad and TobagoTunisiaTurkeyTurkmenistanTuvaluUgandaUkraineUnited KingdomUnited States of AmericaUruguayUzbekistanVanuatuVenezuelaVietnamYemenZambiaZimbabwe
Last Name :
Due Date for Delivery :
Multiple Births Expected
Reference number(s) of previous child:
I (We), the undersigned Parent(s)/ and /or Legal Guardian(s) hereby confirm the following specific Service from CELLSAVE:
Where did you hear about us?
B. INFORMED CONSENT
I/We on behalf of my/our unborn child wish to enroll in the Umbilical Cord Blood and Cord Tissue (and/or, if applicable, Placental Tissue/Amnion Placental Tissue /Cord Vessel) banking service offered by CELLSAVE. The Specimen will be uniquely identified, stored, andmaintained at a cryogenic storage facility. CELLSAVE will retrieve these cells at my/our request as per the Service Agreement. I/ Weagree to its terms of understanding as outlined below, and consent to have the Service preformed.
I/We understand that collection and storing my/our newborn’s Stem Cells may potentially benefit my/our child should he or she needthem in the future to treat certain diseases. I/We understand that it is not possible to determine whether my/our child will develop adisease in the future that can be treated with these cells. I/We understand that these newborn Stem Cells are a perfect match for my/our child and, while there is no guarantee my/our child will ever need them, the fact that they are a perfect match can reduce seriouscomplications should cell therapy ever be needed. I/We understand that my child’s cells may be suitable for use by other family members.
I/We understand that, although infrequent, complications may occur at birth, and it may not be possible to collect Cord Blood andCord Tissue (and/or, if applicable, Placental Tissue/ Amnion Placental Tissue /Cord Vessel) from my/our child. Therefore, collection ofCord Blood and Cord Tissue (and/or, if applicable, Placental Tissue/ Amnion Placental Tissue /Cord Vessel) from my/our child cannot beguaranteed as its collection is arranged between my/our physician/midwife and me/us. My/Our health and the health of my/our baby ismy/our physician/midwife’s first priority. I/We agree that my/our physician/midwife’s judgment shall be absolute and final.
I/We understand that CELLSAVE will perform cell viability, cell counts, blood typing, and bacterial and fungal tests on the Cord Bloodand Cord Tissue (and/or, if applicable, Placental Tissue/ Amnion Placental Tissue /Cord Vessel) to determine the nature and quality ofthe Cord Blood and Cord Blood (and/or, if applicable, Placental Tissue/ Amnion Placental Tissue /Cord Vessel). I/We understand thatregulatory and accreditation associations require certain tests and I/we fully consent to providing the Maternal Blood Test. I/We consentto the use of a sample from the blood of the mother of the Child to be tested for certain infectious diseases [including, but not limited to,human immunodeficiency virus (HIV), human T-lymphotropic virus (HTLV), hepatitis B and hepatitis C viruses, cytomegalovirus (CMV),and syphilis]. This is in accordance with the American Association of Blood Banks (A A BB), EU and International Directives› guidelinesfor tissue banks.
I/We understand that if the test results of the sample are confirmed positive for HIV, the Cord Blood and Cord Tissue (and/or, if applicable,Placental Tissue/ Amnion Placental Tissue /Cord Vessel) will not be stored. I/We understand that if the tests indicate the possiblepresence of hepatitis B or C, syphilis, or if my responses to the health questionnaire indicate a risk of one of these infections, my/ourChild’s Cord Blood and Cord Tissue (and/or, if applicable, Placental Tissue/ Amnion Placental Tissue /Cord Vessel) will be processedand cryopreserved only with the approval of the CELLSAVE Medical Director. Based on the review of these results, I/we understandthat CELLSAVE may decide not to permanently store the Cord Blood and Cord Tissue (and/or, if applicable, Placental Tissue/ AmnionPlacental Tissue /Cord Vessel). If this occurs, I/we will be notified in writing of this decision. I/We authorize CELLSAVE to provide mewith test results and to furnish them to my primary physician, my partner or/and to government agencies as only required by law. If theMaternal Blood Test is positive for one of the infectious diseases tested for, the Client(s) should sign a continuation form provided byCELLSAVE.
I/We understand that CELLSAVE will follow the country’s regulations and will follow the same regulations for Cord Blood, Cord Tissue,Placental Tissue, Amnion Placental Tissue, Cord Vessel collection and the Maternal Blood Test. I/We understand that as per the regulationsof the country, CELLSAVE processes and cryopreserves Cord Blood, Cord Tissue, Placental Tissue, Amnion Placental Tissue and CordVessel collected from full term live babies only, and does not process or cryopreserve Cord Blood, Cord Tissue, Placental Tissue, AmnionPlacental Tissue and Cord Vessel collected from an abortus. I/We understand that CELLSAVE collects Cord Blood, Cord Tissue, PlacentalTissue, Amnion Placental Tissue and Cord Vessel only from married couples with a valid marriage certificate as per the regulations of thecountry, and that the Client(s) should provide recent photos for both the mother and the father. I/We understand that the Client(s) areresponsible for the barcodes provided to him/her/them and issued by CELLSAVE. I/We understand that the mother and the father areboth responsible for signing the Informed Consent and all the required paper work for CELLSAVE.
C. FEE SCHEDULE
ENROLLMENT FEE:The initial deposit (the “Enrolment Fee”) is payable before the birth of the child. Upon receipt of the signed Service Agreement byCELLSAVE, the collection kit will be sent to you. This fee includes the Cord Blood (and/or, if applicable, Cord Tissue) collection kit,account set-up and administration fee.
PROCESSING AND STORAGE FEE:The amount of the processing and storage fee (the “Processing Fee” and “Storage Fee”) is dependent on the Service you havechosen, and is payable prior to the time the Product is collected from the hospital:
CryoPlus (Cord Blood and Cord Tissue)
CryoAdvanced (Cord Blood, Cord Tissue and Placental Tissue)
CryoUltimate (Cord Blood, Cord Tissue, Placental Tissue, Amnion Placental Tissue and Cord Vessel)
The Processing Fee includes the transport, processing, and testing. It also includes the Maternal Blood Test. The Storage Feeincludes storage during the Initial Storage Period.
This Service Agreement may be terminated by written notice with immediate effect by CELLSAVE if CELLSAVE does not receivethe Enrolment, Processing, or Storage Fee within the specified time.Termination of this Service Agreement will not affect Client’s responsibility for payment in full of all amounts invoiced and of alladditional administrative and legal costs related to collecting the outstanding amounts under this Service Agreement.
ADDITIONAL FEES:Additional fees may be charged if additional testing is required; e.g. because of abnormal laboratory test results.
1. If no Specimen arrives at the Unit, independent of the reason why, Client will only have to pay a fixed amount of 50 % tocover cost incurred thus far. This means that the Enrolment Fee, reduced by this fixed amount, will be reimbursed. Collectionkit must be returned to CELLSAVE unopened from its sterile packing. Should the sterile packaging be broken, EnrolmentFee will not be refunded.2. In the event that Specimen has been collected, received and processed, yet CELLSAVE reject the sample due to its noncompliancewith regulatory standards, no storage will take place and CELLSAVE will refund the Storage Fee to the Client.The Enrolment Fee and the Processing Fee is not refundable if the Cord Blood (and/or, if applicable, Cord Tissue/PlacentalTissue/Amnion Placental Tissue/Cord Vessel) Specimen has been processed and tested.3. In the event that any part of a client package is not processed, the client is only responsible for paying for the componentsthat are successfully processed and stored. If any component of your package is not processed, the client will not beresponsible for paying for these components and any costs paid will be reimbursed as per the terms and conditions of thisagreement. Refer to the table below.
Processed and/or stored
SPECIAL REDUCTIONS:A returning Client is eligible for the loyalty reduction of QR 2,000 of the Processing Fee of the Cord Blood when saving Stem Cellsof a subsequent new-born Child with CELLSAVE.In case of twins, Client is entitled to receive QR 5,000 reduction on the Total Fee of the Service for the second Child.A combination of these two reduction offers is not possible.
PAYMENT OPTIONS:Please check option(s) below for payments of the fees as outlined in schedule C:
All payments must be received and cleared at time specified in the Fee Schedule (Section C). In the event of failure to meet thisrequirement, even in relation to a single invoice, the Client shall be obliged to pay the entire outstanding balance due in one singleinstalment. Should the Client fail to do so, the Service Agreement may be terminated by CELLSAVE in accordance with section 6of the General Terms and conditions. The storage certificate will only be released after full payment has been received and cleared.
GENERAL TERMS AND CONDITIONS
1. PURPOSE:The purpose of this document is to set out the terms, conditions, limitation, risks and costs of the processing, testing, cryopreservationand storage in an authorized cellular processing and storage unit and release of the Product (as defined below) obtained from theSpecimen (as defined below) collected at the time of birth of the Child (as defined below) of the Client.
In this Service Agreement, the following definitions shall have the following meaning:
By signing this Service Agreement, the Client agrees to be legally bound to CELLSAVE for the processing, testing, cryopreservation and storage of the Specimen in any Unit. The Client also acknowledges that he/she/they has/have been fully informed, and accept(s) and agree(s) to the conditions, risks, limitations and associated costs of such activities, in accordance with these terms and conditions.
2. SERVICES OF CELLSAVE:CELLSAVE’s obligations and liabilities are expressly limited to the services described in this Service Agreement; no other services willbe provided by CELLSAVE to the Client and CELLSAVE expressly disclaims any responsibility to provide any other services other thanthe ones stated in this Service Agreement.
CELLSAVE will not put the Specimen to use for any purpose other than to enable CELLSAVE to provide the Service to the Client asper this Service Agreement.
If the Client elects to use the CELLSAVE services the following provisions shall apply:
On receipt of the Specimen, CELLSAVE will use best endeavors to process and cryo-preserve Stem Cells from the Specimen forthe purpose of direct application in humans, provided a sufficient number of viable Stem Cells as per its acceptance criteria canbe identified. CELLSAVE will store the Product for the Initial Storage Period (as defined in Section 6 below) or longer as agreed inaccordance with Section 6.
In the event, after processing has commenced, there are insufficient Stem Cells in the Product or CELLSAVE is unable to harvestcollected Stem Cells from the Specimen or if CELLSAVE determines that storage for other reasons is not possible (the Specimen isdamaged or contaminated), no storage will take place and refunds will be as stipulated in section C of the Fee schedule.
In the event where processing has not taken place due reasons such as Specimen is received by CELLSAVE more than 72 hours afterthe birth of the Child, or the collected Specimen volume is too small refunds will be as stipulated in section C of the Fee schedule.
With respect to Cord Tissue, on receipt of the Specimen, CELLSAVE will use best endeavors to prepare it for cryopreservation andstorage. In the event that the Cord Tissue has not been collected following the instructions, or if CELLSAVE determines that storageis for other reasons not possible (e.g. the Specimen is received by CELLSAVE more than 72 hours after the birth of the Child; theSpecimen is damaged or contaminated), refunds will be as stipulated in section C of the Fee schedule.
If the sample/unit is being used for a transplant within 5 years (from the date of delivery of the baby), CELLSAVE will give the client a“transplant assistance” valued at 15,000 QR.
3. RESPONSIBILITIES OF CLIENT:Client agrees to complete all necessary forms accurately and in a timely manner as CELLSAVE may from time to time reasonablyconsider as required or deemed beneficial to the Service in view of applicable legislation or industry standards.
Client is responsible for arranging the collection of the Specimen by the physician, obstetrician or other medical staff at the birth of theChild as per the instructions received from CELLSAVE. It is the responsibility of the Client to either contact CELLSAVE or the couriercompany designated by CELLSAVE after the Specimen has been collected.
CELLSAVE will arrange for transport of the Specimen to the CELLSAVE designated Unit, on the Client’s behalf, immediately afterhaving received notification by the Client of the collection of the Specimen by the physician, obstetrician or other medical staff at thebirth of the Child. CELLSAVE expressly excludes all liability for the collection of the Specimen by the physician, obstetrician or othermedical staff at the birth of the Child. CELLSAVE expressly excludes all liability for the transportation of the Specimen if done by athird party.
Client agrees to act at all times in accordance with all applicable local legislation and regulations, and will be responsible for obtainingall necessary documents and permits if so, required for the collection and export of the Specimen to the Unit.
4. FEES AND PAYMENT:The fee for the Service (the “Fee”) and the payment conditions applicable to the Service are laid down in the Fee Schedule in SectionC. The Fee consists of a non-refundable Enrolment Fee and a Processing and Storage Fee and certain other fees, in each case asfurther described in the Fee Schedule in Section C. Client agrees to pay the Fees on time and in accordance with the Fee Schedulein Section C.
If there is more than one Client, Clients shall be jointly and severally liable for the payment of the invoiced fees.
5. STORAGE:The Specimen and Product will be processed, tested, cryopreserved and stored in accordance with the following terms
a. CELLSAVE stores the Product in an authorized Unit. The Cord Blood Product will be split and stored in two physically separatelocations. The preferred locations should be requested on email to info@CELLSAVE.com after successful storage confirmation.b. CELLSAVE may assign and transfer any or all of its rights and obligations under this Service Agreement to any third party, forwhich the Client hereby gives consent. CELLSAVE will notify the Client in writing to that effect.c. CELLSAVE does not give, nor does it purport to give, any medical advice, or otherwise perform any other function for theClient other than the services expressly described in this Service Agreement.d. Client hereby consents to the collection, transport and testing of the Specimen and to the processing, cryopreservation andstorage of the Specimen in and to a Unit as stated by this Service Agreement.e. The Client’s right to storage and release of the Product is subject to the timely and full payment of all Fees by the Client inaccordance with this Service Agreement.
Storage Options SWITZERLANDUNITED STATES OF AMERICA
6. TERMS AND TERMINATION:These terms and conditions come into force on the date of receipt by CELLSAVE of the Service Agreement signed by the Client, andwill continue for a period of 30 years from the date of the birth of the Child (the “Initial Storage Period”).
Six months prior to the end of the Initial Storage Period, an agreement can be made upon the mutual agreement of the Parties inthe event that Client wishes CELLSAVE to continue to store the Product on their behalf for a further period (the “Extended StoragePeriod”), and such extended storage shall be at the market prices valid at that time. If 30 days before the expiry of this ServiceAgreement, Parties have not agreed the terms of an Extended Storage Period of the Product, or upon termination of this ServiceAgreement by CELLSAVE or the Client in accordance with this Clause 6, Client relinquishes all rights in and waives all rights to theProduct and CELLSAVE shall have the right to destroy the Product.
This Service Agreement may be terminated prior to its term by written notice with immediate effect:
a. By Client at any time prior to the collection of the Specimen. In this case a minimal Fee will be charged as indicated in theFee Schedule in Section C.b. By CELLSAVE if the Specimen and/or Product are not suitable for storage, whether for medical, safety, practical or any otherreason, as determined by CELLSAVE in its sole and absolute discretion (e.g. the Specimen is received by CELLSAVE more than72 hours after the birth of the Child; the Specimen is damaged; the collected Specimen volume is too small). In these situations,CELLSAVE will not store the Specimen and/or Product. CELLSAVE retains the sole right to make this decision.c. By CELLSAVE if CELLSAVE does not receive the Enrolment Fee and/or Processing and Storage Fee within the specified time.
Termination of this Service Agreement under clause 6c above will not affect Client’s responsibility for payment in full of all amountsinvoiced and of all additional administrative and legal costs related to collecting the outstanding amounts. On termination of thisService Agreement, CELLSAVE reserves the right to destroy the Specimen and/or the Product.
7. RIGHTS TO PRODUCT:Unless otherwise defined by applicable law, the Product remains the property of the Child throughout the term of this Agreement.Until the Child reaches legal age, the Client has the right and responsibility to consent to the collection, storage, use and disposal ofthe Product on behalf of the Child.
8. RELEASE REQUEST:In the event that the Product is required for treatment or manufacturing of a medicinal product, the Client shall provide writtennotification of the same to CELLSAVE. Any request for release has to be addressed to CELLSAVE SA, Rue de Hesse 12, 1204 Geneva,Switzerland and to the attention of the General Manager, or to the e-mail address info@CELLSAVE.com. The notice shall include thename and address of the physician and hospital to which the Product must be sent or the appropriately accredited Current GoodManufacturing Practices ( cGMP) manufacturer. CELLSAVE shall then provide the authorised hospital or manufacturer with a releaseform (the “Release Form”) which must be returned to CELLSAVE. CELLSAVE will arrange for transport of the Product to the hospital,on the Client’s behalf.CELLSAVE expressly excludes all liability for the transportation of the Product conducted by a third party.
CELLSAVE will not charge the Client any costs involved with the transport of the Product to the destination indicated on the ReleaseForm.
9. ACKNOWLEDGEMENT:The Client understands that the actual collection of the Specimen by the physician, obstetrician or other medical staff at the birth ofthe Child is not part of the Service and that the relevant doctor, obstetrician or other medical staff may under certain circumstancesrefuse, be unable or fail to collect and/or adequately pack the Specimen and that neither CELLSAVE nor its officers, shareholders,employees, agents and contractors bear any responsibility for any mistakes or damages caused by such doctor, obstetrician or othermedical staff.
The Client also understands and confirms that CELLSAVE, its officers, directors, employees, shareholders, agents and consultantshave not made any representations and bear no responsibilities and obligations with respect to the possibility to collect Stem Cellssuccessfully from the Specimen, the suitability of the Stem Cells for the contemplated treatment, the successful treatment of anydiseases through Stem Cell transplantation or therapies, and the advantages of umbilical cord blood Stem Cell usage over othertherapies using Stem Cells.
10. LIMITATION OF LIABILITY:CELLSAVE’s responsibility towards the Client and/or the Child whose Product are being stored is limited to the Service described inthis Service agreement. Client agrees that should he/she/they make any claim against CELLSAVE, CELLSAVE’s liability shall, to theextent allowed under applicable law, regardless of the basis of such claim, whether in contract, tort or otherwise, be limited in totaland in aggregate to ( a) the amount of the Fee paid by the Client to CELLSAVE under this Service Agreement, or ( b) in the eventof CELLSAVE’s negligence, the amount permitted to be recovered by CELLSAVE under the malpractice insurance maintained byCELLSAVE in connection with such claims.
11. DATA PROTECTION:Client agrees to the processing and storage of personal data (including personal data of the Child and the mother and father of theChild), by CELLSAVE or its agent, affiliate or subcontractor, which has come to CELLSAVE’s knowledge in the course of performingthe Services and otherwise under this Service Agreement. Client agrees and permits CELLSAVE to inform the status of infectiousdisease report of the mother of the Child and the Cord Blood and Cord Tissue and/or Amnion Placental Tissue/Cord Vessel to anyother agency mandated under the country’s laws or under any other law to which CELLSAVE is subject.
CELLSAVE will use Client’s personal data only to the extent required by its contractual obligations hereunder and in accordance withthe applicable laws and regulations of the country.
12. FORCE MAJEURE:CELLSAVE cannot be held liable for, and expressly excludes all liability for, any possible loss or damage due to natural disasters, act ofwar or terror, riot, strike, vandalism, acts or omission of authorities or any events beyond CELLSAVE ‘s control which cause destructionof, or deterioration to the Specimen and/or Product.
13. NOTICE:If the Client needs to send CELLSAVE any notices or communications under the Service Agreement, the Client must send them inwriting by first class or registered post/recorded delivery to the CELLSAVE address as set out in Section 13 below or any alternativeaddress that CELLSAVE notifies to the Client.
If CELLSAVE needs to send the Client any notices or communications under the Service Agreement CELLSAVE will send them inwriting by first class or registered post/recorded delivery to the Client’s address as notified by the Client to CELLSAVE on page 1.TheClient shall as soon as possible notify CELLSAVE in writing of any changes in the information provided, including relocation and/orchange of address. All notifications to CELLSAVE shall be sent to: CELLSAVE SA, Rue de Hesse 12, 1204 Geneva, Switzerland, or tothe e-mail address: info@CELLSAVE.com. CELLSAVE may completely rely on the data made available in writing by the Client, withoutany obligation to make further inquiries with respect to the correctness or actuality of such data.
14. COMPLIANCE WITH U.A.E. LAWS AND REGULATIONS:CELLSAVE operates and exists in the Switzerland and thus is required to comply with the laws of the country and the regulatory andlegal requirementsof governmental agencies. The Client hereby agrees that CELLSAVE may take any action required by it in order to comply with thelaws of the country.
15. GOVERNING LAW:This Service Agreement shall be governed by, and construed in accordance with, the laws of Switzerland. The Parties may bring suitin any court of competent jurisdiction.
16. HEADINGS:The headings contained in this Service Agreement are for reference purposes only and shall not affect the meaning or interpretationof this Service Agreement.
17. SEVERABILTY:Should any provision of this Service Agreement be invalid or unenforceable or should this Service Agreement contain an omission,the remaining provisions shall remain valid. In the place of an invalid provision or an omission, a new, valid provision –which comeseconomically closest to the one actually agreed upon provision or, in the event of an omission, the intentions set forth in this ServiceAgreement – is presumed to be agreed upon by the Parties.
18. ENTIRE AGREEMENT:This Service Agreement constitutes the entire understanding between the Parties with respect to the subject matter of this ServiceAgreement and supersedes all prior agreements, negotiations and discussions between the Parties relating to it.
19. AMENDMENT:Neither Party can change or amend the terms of this Service Agreement without the prior written approval of the other Party.
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Document Name: Qatar Service Agreement - DO NOT USE
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