Difference between revisions of "Terms and Conditions"
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| − | + | Centre for Genomic Regulation Terms of Use | |
| − | + | Last modified: August 1, 2022 (version2) | |
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| − | + | '''CRG CORE TECHNOLOGY UNITS: TERMS AND CONDITIONS''' | |
| + | These Terms specify the conditions of the agreement (Contract) between the CRG Core technology unit(s) (CRG) and the institution of the user(s) of the Core technology units (User) to perform a specific service(s) (Request). By agreeing with the quotation issued by CRG, User enters into Contract with CRG and agrees with this Terms. | ||
| − | + | '''EXECUTION TERMS:''' All service Requests shall be managed through the Agendo Request Management Software. The quotation is only valid for a period of 2 months since the Sales Order Date. Services shall be provided during a maximum period of 6 months, after the acceptance and signature of the quotation by the User. This period can be extended depending on the service to be provided, only by decision of the Head of the Core technology unit. | |
| − | + | '''SAMPLES/DATA AND RESULTS HANDLING:''' User shall deliver to CRG the anonymized or pseudonymised samples or data clearly identified with codes at own expense. User retains ownership of the samples. By handling samples to CRG User confirms that samples were obtained following to the standards of the User's Bioethics Committee(s). User is responsible for the quality of the samples/data delivered. CRG commits to keep samples, data and results with diligence and according to internal security and sample/data handling protocols. CRG commits to not distribute User samples and their derived information to any third party without the consent of User. Before proceeding with any Request, CRG commits to communicate to User about the adequacy of samples/data to the required technical specifications of the service. User's data and results are stored at CRG for a minimum period of 6 months after completion of Request and only for the time necessary for the purpose for which they were generated. User is responsible for transferring/downloading data. Left over and processed samples are stored at CRG for 1 month after completion of request. User can collect these samples during this period. After 1 month, samples remaining at CRG are destroyed. | |
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| − | + | '''LIABILITY:''' Results, reports or opinions made by CRG are based on samples, data or information provided by User. CRG is not liable for use or destination of the obtained results. CRG commits to use the appropriate means for the provision of services according to professional practice that in no way constitutes an obligation of results. CRG is not liable for delays or other contingencies or failures caused by unforeseen circumstances beyond its control or force majeure. In case that personnel of the User institution needs to access CRG premises, in order that the service can be provided, its personnel shall comply with any instructions given in relation to the use of CRG premises and equipment. The User shall be legally responsible for its personnel and any damage caused by their members to the CRG. To this effect, the User guarantees that its personnel has the corresponding medical coverage in case of accident. The User guarantees that it has an insurance policy that covers the economic consequences arising from its civil liability because of any damage to materials, persons or any consequential damage to CRG, derived from the action or omission of its personnel during the execution of the services at CRG. | |
| − | END OF TERMS | + | '''PRICE AND PAYMENT:''' Services provided will be invoiced according to the quotation accepted by the User. The price included in the quotation/invoice is calculated according to the price list published at the website www.crg.eu. Corresponding VAT is applied to the established prices according to the applicable regulations. The quotation assumes that samples or data are adequate enough to perform Request and that all procedure(s) steps will be successful at the first attempt. The invoice is based on actual expenses and work carried on to complete performance of Request. Any additional requirement or any request of change in protocols or technologies applied by CRG shall be quoted in writing and invoiced accordingly. User shall pay each invoice in accordance with the payment terms. In case that payment of an invoice has not been executed during the 30 consecutive days after the due date, CRG will be entitled to request the due amount and the applicable late payment interest, without prejudice to stop the provision of services or terminate the Contract. |
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| + | '''CONFIDENTIALITY:''' CRG commits to maintain confidentiality about samples/data, results and information obtained at performing Request. CRG may use data and information obtained during the execution of Contract to study the statistics of services, provided that anonymity is guaranteed for such information. User authorizes CRG to cite its centre identifiable information in the CRG outreach activities. | ||
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| + | '''ACKNOWLEDHMENTS AND AUTHORSHIP:''' All work performed by the CRG Core technology units should be acknowledged in scholarly publications, posters, and presentations by a direct statement in the acknowledgements section "The authors would like to thank the [Name(s) of the Core technology unit(s)] of the Centre for Genomic Regulation (CRG) for assistance with [services performed]". In addition, and disregard of the payment, in those cases where the service provided by the Core technology unit is not standard and requires development of new protocols, new ways of analyzing the data or implementation of new technologies, then co authorship of the responsible people should be considered. In those cases, each personnel who has participated in these developments sufficiently enough to take public responsibility for appropriate portions of the content should be recognized as co-author; co-authorship follows commonly-accepted scientific practice and should be discussed with the head of the Core technology unit in advance. New developments, ways of analyzing the data or technologies once done by a Core technology unit will be included as standard and will not require coauthorship. | ||
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| + | '''PERSONAL DATA PROTECTION:''' User and CRG shall comply with the requirements established by the legislation on data protection applicable at all times, regarding processing of the personal data that CRG may have access to within the framework of the service provision (“the Data”). CRG will act as a processor in the name of the User and the later one will act as a controller of the filing system. CRG will only access, process and use the Data in accordance with the provisions of the legislation in force and the documented instructions of the User, and in order to render the services established in the present Contract on behalf of the User. CRG will not be able, without written consent from the User, to use the Data for any other purpose that may not be established in the present Contract, nor transfer them to a third country that does not guarantee a protection level equivalent to the required one by the European regulation, nor communicate them, not even for their storage, to third non authorized parties. CRG shall apply adequate technical and organizational measures to ensure a security level appropriate to the risk presented, and shall reasonably assist the User – as far as the provision of the services has an impact upon it- to comply with the obligations that arise from the articles 32 to 36 of the General Data Protection Regulation. In the event that subcontracting of a third company is necessary to render all or part of the services, CRG should inform the User and obtain written authorization in advance. CRG should make available to the User all necessary information to demonstrate compliance with the obligations included in this Contract, in case of audits or inspections, on behalf of the User or any auditor appointed by the User. CRG may also inform the User about possible breach of the applicable regulations on personal data protection by instructions provided by the User. If one of the parties does not comply with the current regulations on data protection it should indemnify, compensate and hold harmless the other party that may request it for any damage suffered as a result of an infringement of the present clause. Such compensation may include (but not be limited to) any fine that should be paid pursuant to the current regulations. The User shall immediately report to the CRG any request for exercising the data subject’s rights received by the concerned ones, and CRG shall reasonably assist the User, taking into account the nature of the processing, by means of appropriate technical and organizational measures so that the User can comply with its obligation to respond to such requests. | ||
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| + | '''GOVERNING LAW AND JURISDICTION:''' This Contract shall be governed by and construed under the laws of Spain. With express waiver to any other jurisdiction that may correspond to the parties, any dispute or controversy resulting from this Contract shall be exclusively resolved by the courts of the city of Barcelona. | ||
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| + | '''END OF TERMS''' | ||
Latest revision as of 12:01, 22 January 2024
Centre for Genomic Regulation Terms of Use
Last modified: August 1, 2022 (version2)
CRG CORE TECHNOLOGY UNITS: TERMS AND CONDITIONS
These Terms specify the conditions of the agreement (Contract) between the CRG Core technology unit(s) (CRG) and the institution of the user(s) of the Core technology units (User) to perform a specific service(s) (Request). By agreeing with the quotation issued by CRG, User enters into Contract with CRG and agrees with this Terms.
EXECUTION TERMS: All service Requests shall be managed through the Agendo Request Management Software. The quotation is only valid for a period of 2 months since the Sales Order Date. Services shall be provided during a maximum period of 6 months, after the acceptance and signature of the quotation by the User. This period can be extended depending on the service to be provided, only by decision of the Head of the Core technology unit.
SAMPLES/DATA AND RESULTS HANDLING: User shall deliver to CRG the anonymized or pseudonymised samples or data clearly identified with codes at own expense. User retains ownership of the samples. By handling samples to CRG User confirms that samples were obtained following to the standards of the User's Bioethics Committee(s). User is responsible for the quality of the samples/data delivered. CRG commits to keep samples, data and results with diligence and according to internal security and sample/data handling protocols. CRG commits to not distribute User samples and their derived information to any third party without the consent of User. Before proceeding with any Request, CRG commits to communicate to User about the adequacy of samples/data to the required technical specifications of the service. User's data and results are stored at CRG for a minimum period of 6 months after completion of Request and only for the time necessary for the purpose for which they were generated. User is responsible for transferring/downloading data. Left over and processed samples are stored at CRG for 1 month after completion of request. User can collect these samples during this period. After 1 month, samples remaining at CRG are destroyed.
LIABILITY: Results, reports or opinions made by CRG are based on samples, data or information provided by User. CRG is not liable for use or destination of the obtained results. CRG commits to use the appropriate means for the provision of services according to professional practice that in no way constitutes an obligation of results. CRG is not liable for delays or other contingencies or failures caused by unforeseen circumstances beyond its control or force majeure. In case that personnel of the User institution needs to access CRG premises, in order that the service can be provided, its personnel shall comply with any instructions given in relation to the use of CRG premises and equipment. The User shall be legally responsible for its personnel and any damage caused by their members to the CRG. To this effect, the User guarantees that its personnel has the corresponding medical coverage in case of accident. The User guarantees that it has an insurance policy that covers the economic consequences arising from its civil liability because of any damage to materials, persons or any consequential damage to CRG, derived from the action or omission of its personnel during the execution of the services at CRG.
PRICE AND PAYMENT: Services provided will be invoiced according to the quotation accepted by the User. The price included in the quotation/invoice is calculated according to the price list published at the website www.crg.eu. Corresponding VAT is applied to the established prices according to the applicable regulations. The quotation assumes that samples or data are adequate enough to perform Request and that all procedure(s) steps will be successful at the first attempt. The invoice is based on actual expenses and work carried on to complete performance of Request. Any additional requirement or any request of change in protocols or technologies applied by CRG shall be quoted in writing and invoiced accordingly. User shall pay each invoice in accordance with the payment terms. In case that payment of an invoice has not been executed during the 30 consecutive days after the due date, CRG will be entitled to request the due amount and the applicable late payment interest, without prejudice to stop the provision of services or terminate the Contract.
CONFIDENTIALITY: CRG commits to maintain confidentiality about samples/data, results and information obtained at performing Request. CRG may use data and information obtained during the execution of Contract to study the statistics of services, provided that anonymity is guaranteed for such information. User authorizes CRG to cite its centre identifiable information in the CRG outreach activities.
ACKNOWLEDHMENTS AND AUTHORSHIP: All work performed by the CRG Core technology units should be acknowledged in scholarly publications, posters, and presentations by a direct statement in the acknowledgements section "The authors would like to thank the [Name(s) of the Core technology unit(s)] of the Centre for Genomic Regulation (CRG) for assistance with [services performed]". In addition, and disregard of the payment, in those cases where the service provided by the Core technology unit is not standard and requires development of new protocols, new ways of analyzing the data or implementation of new technologies, then co authorship of the responsible people should be considered. In those cases, each personnel who has participated in these developments sufficiently enough to take public responsibility for appropriate portions of the content should be recognized as co-author; co-authorship follows commonly-accepted scientific practice and should be discussed with the head of the Core technology unit in advance. New developments, ways of analyzing the data or technologies once done by a Core technology unit will be included as standard and will not require coauthorship.
PERSONAL DATA PROTECTION: User and CRG shall comply with the requirements established by the legislation on data protection applicable at all times, regarding processing of the personal data that CRG may have access to within the framework of the service provision (“the Data”). CRG will act as a processor in the name of the User and the later one will act as a controller of the filing system. CRG will only access, process and use the Data in accordance with the provisions of the legislation in force and the documented instructions of the User, and in order to render the services established in the present Contract on behalf of the User. CRG will not be able, without written consent from the User, to use the Data for any other purpose that may not be established in the present Contract, nor transfer them to a third country that does not guarantee a protection level equivalent to the required one by the European regulation, nor communicate them, not even for their storage, to third non authorized parties. CRG shall apply adequate technical and organizational measures to ensure a security level appropriate to the risk presented, and shall reasonably assist the User – as far as the provision of the services has an impact upon it- to comply with the obligations that arise from the articles 32 to 36 of the General Data Protection Regulation. In the event that subcontracting of a third company is necessary to render all or part of the services, CRG should inform the User and obtain written authorization in advance. CRG should make available to the User all necessary information to demonstrate compliance with the obligations included in this Contract, in case of audits or inspections, on behalf of the User or any auditor appointed by the User. CRG may also inform the User about possible breach of the applicable regulations on personal data protection by instructions provided by the User. If one of the parties does not comply with the current regulations on data protection it should indemnify, compensate and hold harmless the other party that may request it for any damage suffered as a result of an infringement of the present clause. Such compensation may include (but not be limited to) any fine that should be paid pursuant to the current regulations. The User shall immediately report to the CRG any request for exercising the data subject’s rights received by the concerned ones, and CRG shall reasonably assist the User, taking into account the nature of the processing, by means of appropriate technical and organizational measures so that the User can comply with its obligation to respond to such requests.
GOVERNING LAW AND JURISDICTION: This Contract shall be governed by and construed under the laws of Spain. With express waiver to any other jurisdiction that may correspond to the parties, any dispute or controversy resulting from this Contract shall be exclusively resolved by the courts of the city of Barcelona.
END OF TERMS
