TERMS AND CONDITIONS
Effective Date: March 25th, 2025
1. Definitions
1.1 ‘You’ or ‘Client’ refers to the individual person requesting or using our services.
1.2 ‘Individual’ means a single person seeking services for their own personal use and information.
1.3 ‘Informational Testing’ means DNA testing done for personal knowledge only. The results are not admissible in court proceedings.
1.4 ‘Non-Legal Testing’ means DNA testing done for personal knowledge only, not court proceedings.
1.5 ‘Price’ refers to the cost for services as listed on our website or quoted by our staff. Prices are subject to change.
1.6 ‘Service Agreement’ means any written agreement forms between us and a client, such as request forms.
1.7 ‘Services’ refers to the informational DNA testing services offered.
1.8 ‘Service Provider’ means SecurednaTests.com.
1.9 ‘Website’ refers to our website domain name: securednatests.com.
1.10 ‘Privacy Policy’ means the privacy policy set forth on the Website.
2. Application of Terms and Conditions
2.1 These Terms and Conditions apply to all service agreements between us and the client. They take precedence over any other terms, including those provided by the client, unless otherwise agreed in writing by our authorized representative.
2.2 All orders for our services shall be considered an offer by the client to purchase services under these Terms and Conditions. Written acceptance of an order, including email, or the client’s signature on a service agreement constitutes acceptance of these Terms and Conditions.
2.3 Any changes to these Terms and Conditions must be agreed to in writing by our authorized officer. Verbal agreements are non-binding.
2.4 Clients are responsible for ensuring any samples provided adhere to our instructions and procedures outlined in these Terms and Conditions.
3. Price and Payment
3.1 Prices listed are subject to change and do not include applicable taxes unless stated otherwise. Clients are responsible for sales, use, excise, or other taxes imposed by governmental authorities, except taxes on our income.
3.2 Payment is due in full before services are provided, unless agreed otherwise in writing.
3.3 The name on testing reports will match request forms. Name changes require documentation for verification and may carry an additional fee.
3.4 We offer payment by credit/debit card or other means stated on our website. We may use third-party processors; use constitutes agreement to their terms. For installment plans, we will charge the card on file on scheduled dates.
3.5 Clients cannot withhold payment due to offsets, deductions, or similar.
3.6 We retain rights to test results until fully paid. Clients hold risk in samples provided.
3.7 Clients must comply with our Privacy Policy, terms herein, and other guidance.
3.8 Contact us through securednatests.com or at 888-970-4211 for payment questions.
3.9 Refunds:
- Full refund if canceled before the kit is issued.
- A $50 fee if canceled after kit issued but before sending samples.
- No refund if canceled after the lab receives all genetic samples.
4. Services
4.1 We will not collect samples or perform analysis until receiving consent from the client or authorized representative. For minors, consent must be from a parent/guardian or as authorized by court order.
4.2 We do not offer informational testing to residents of states where it is prohibited or accept liability if regulations are evaded.
4.3 Informational samples lack a chain of custody so results cannot be verified or used in court.
5. Quality and Liability
5.1 We will provide services using reasonable efforts regarding communicated quality and accuracy, subject to events outside our control and modifications for safety, legal compliance, or business reasons that do not reduce quality.
5.2 We may make changes to comply with safety laws or improve services, if it does not hurt quality.
5.3 Clients warrant they can provide information to us. We are not liable for third-party claims related to client’s data.
5.4 Each party will cover the other for losses from breaches hereunder.
5.5 Clients must provide all materials we request. We are not liable for delays or inaccuracies from failure to comply.
5.6 For DNA tests:
- Clients must properly collect samples per our instructions.
- We may report inconclusive results if samples are insufficient or mismatched.
- Clients must disclose any known genetic anomalies of sample donors.
- We are not liable for inconclusive results due to genetic analysis limitations or poor samples.
5.7 We conduct testing with accredited U.S. labs. Client consents to international shipping of samples.
6. Important Provisions
6.1 We disclaim all warranties not expressly stated herein. Client assumes responsibility for sample quality and viability. We provide services “as is” and disclaim other warranties expressed or implied.
6.2 Our liability is limited to the amount paid for the service; we are not liable for indirect, incidental, or consequential damages.
6.3 Claims must be filed within one year of the cause of action accruing, or they are barred.
6.4 Client will indemnify us from third-party claims related to Client’s data or its use per these terms.
6.5 We collect data subject to our Privacy Policy and these terms.
6.6 We aim for high accuracy but cannot guarantee error-free testing.
6.7 We may destroy samples after set periods from the test date.
6.8 Clients must properly store and promptly ship viable samples to avoid degradation.
6.9 Clients may request a copy of their test report in writing for a fee.
6.10 Clients must provide sufficient hair or nail sample amounts if requested.
6.11 Testing has inherent percentages of uncertainty and detection cutoffs.
6.12 We may use backup samples if needed, without client approval.
6.13 Client statutory rights still apply.
7. Delivery
The estimated turnaround times given to clients are approximate. Actual delivery of services or products may vary due to changes in testing or issues with third-party providers. We are not liable for any delays in service delivery.
8. Intellectual Property
No party shall transfer any ownership or title pertaining to intellectual property rights to the other party as a result of the services rendered; both parties maintain ownership over their respective intellectual property rights.
9. Confidentiality
9.1 “Proprietary Information” refers to any information shared by one party (the “Disclosing Parties”) with another (the “Receiving Parties”) under the Service Agreement or other contracts.
9.2 The Receiving Parties agree to:
- Protect and maintain strict confidentiality using reasonable care.
- Only disclose information to individuals who need to know for the purpose of the Service Agreement.
- Not use information for any purpose other than fulfilling the Service Agreement.
- Not disclose information to any third party except as permitted.
- Not copy or reproduce information unless specifically authorized in writing by the Disclosing Parties.
9.3 All Proprietary Information remains the property of the Disclosing Parties and must be returned upon request.
9.4 The Receiving Parties are not obligated regarding Proprietary Information if it proves that the information:
- Was publicly available before disclosure.
- Was already known as proven by written documentation.
- Was legally received from a third party without restrictions.
- Was independently developed without access to Proprietary Information.
9.5 The Service Provider does not guarantee that any disclosed information is complete or suitable for any specific purpose.
10. Unforeseen Circumstances
10.1 Neither party will be held accountable for delays caused by events outside reasonable control (“Unforeseen Circumstances Event”). If a representative of the Client causes a delay, the Client will remain accountable unless beyond reasonable control of that representative.
10.2 The party citing the Unforeseen Circumstances Event should promptly inform the other party in writing of reasons for delay and probable duration, making reasonable efforts to resolve it.
10.3 The claiming party can suspend performance under this Agreement while the Unforeseen Circumstances Event persists and will be granted an extension equal to the delay duration.
10.4 Any costs incurred due to delays will be borne by the party that incurred those costs. If delays last more than 90 working days, either party may terminate immediately with written notice, without accountability for such termination.
11. General Terms and Conditions
11.1 Transfer of Rights: The Service Provider may assign its rights freely; however, the Client may not without prior written approval from the Service Provider.
11.2 Agreement: These Terms supersede all prior agreements regarding this subject matter, both written and oral.
11.3 Changes and Waivers: Changes are valid only if in writing and signed by authorized representatives of both parties.
11.4 Notice: Notices must be in writing sent via courier, email, fax, or certified mail effective upon receipt or within 48 hours of delivery.
11.5 No Third Party Beneficiaries: These Terms benefit only parties involved and their successors; no other persons have rights under these Terms unless explicitly stated.
11.6 Independent Contractors: The parties are independent contractors; nothing creates an employment relationship between them.
11.7 Severability: If any provision is invalid in any jurisdiction, it does not affect other provisions’ validity elsewhere.
11.8 Governing Law: These Terms shall be governed by laws of New Jersey or applicable U.S laws.
11.9 Jurisdiction: Any legal proceedings related to these Terms shall be brought in courts of New Jersey; both parties consent to exclusive jurisdiction there.
12. SMS Communications
12.1 By providing your phone number, you consent to receive SMS text messages from SecurednaTests.com regarding notifications related to our services.
12.2 Your consent is not a condition for purchasing products or services; you may opt out anytime by replying “STOP” to any message received.
12.3 For assistance regarding SMS communications, reply “HELP” or contact us at support@securednatests.com or 888-970-4211.
12.4 Standard messaging rates may apply based on your mobile carrier; you are responsible for charges incurred through your carrier.
12.5 We will take reasonable steps to ensure confidentiality and security of your phone number per our Privacy Policy.
12.6 We reserve the right to modify SMS communication terms at any time; changes will be communicated via SMS or email.