Terms and conditions of business

“Affirmative” is a brand name used by (and belonging to) Key Forensic Services Limited to market a range of DNA relationship testing services. “Affirmative” is not a trading entity. All DNA testing services are provided by Key Forensic Services Limited whose Terms and Conditions of business are stated below:

  1. Definitions
    1. The "Company" is Key Forensic Services Limited. Headquarters and Registered Office: The University of Warwick Science Park, Sir William Lyons Road, Coventry, West Midlands, CV4 7EZ United Kingdom.
    2. The "Customer" is a private individual ordering the Company's DNA profiling services (the testing part of the process), who neither enters into the Contract with the Company in the course of a business, trade, profession or public service etc., nor holds themselves out as doing so:
    3. The "Primary person" is the person named on the Consent Form to whom the test results will be given.
    4. "Service" is any one of the DNA profiling and identification services set out on our website and in our order form:
    5. The “Peace of Mind” test (Self-Sampling Test) is not appropriate for legal purposes (such as immigration, changing a birth certificate or going to court) for which the Company’s “Legal Testing” service is recommended – please contact the Company for further details.
    6. The "Order for Services" is the placing of an order for the Company's Services, whether the order is made in person, by telephone, via website, letter, electronic mail, order form or any other method.
    7. The "Price" is the price as set out in our order form and on our websites and is subject to change.
    8. The "kits" are the sampling kits containing components for the collection of saliva samples and consent forms, supplied to the Customer.
    9. All agreements on the part of the Customer which comprise more than one person or entity shall be joint and several.
    10. The headings contained in these terms and conditions are for reference purposes only and should not be incorporated into these terms and conditions and shall not be deemed to be any indication of the meaning of the clauses to which they relate.
    11. The neuter singular gender throughout these terms and conditions shall include all genders and the plural and the successor in title to the parties.
  2. Application of these terms and conditions
    1. These terms and conditions shall apply to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any agreement, purchase order, confirmation of order or similar document. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Customer. If any terms are provided by the Customer then the Company's terms and conditions shall be deemed to be prior or subsequent to such Customer terms to the benefit of the Company.
    2.  All Orders for Services shall be deemed to be an offer by the Customer to purchase the Services pursuant to these terms and conditions. Acceptance of the Services shall be deemed conclusive evidence of the Customer's acceptance of these terms and conditions.
    3. The Company shall not be deemed to have accepted any offer until the Customer has paid for the Service ordered.
  3. Extent of these terms and conditions
    1. No conditions other than those contained in these terms and conditions shall be deemed to be incorporated in or form part of these terms and conditions, except
      1. specific terms agreed in writing between the Customer and the Key Forensic Services Limited or those authorised by him to agree such terms, or
      2. specific representations made in writing by the Key Forensic Services Limited or those authorised by him to make such representations.
    2. Nothing in these terms and conditions shall have the effect of excluding or limiting the Company's liability for:
      1. death or personal injury caused by the Company's negligence, or the negligence of the Company's employees acting in the course of their employment;
      2. any fraudulent misrepresentations made by the Company upon which the Customer can be shown to have relied when entering into contract with the Company;
      3. or any other liability that the Company cannot exclude by law.
    3. These terms and conditions do not affect the Customer's statutory rights as a consumer.
    4. If any part of these terms and conditions are deemed unreasonable, void or otherwise unenforceable in any legal, arbitration or similar proceedings, it is the intention of the parties that the enforceability of the remaining parts of these terms and conditions will not be affected.
    5. Subject to clause 3.1 above, each party acknowledges that these terms and conditions contain the whole agreement between the parties and the Customer has not relied upon any oral or written representation made to them by the Company or its employees or agents.
  4. Company's responsibilities
    1. The Company will conform to the standards of an accredited laboratory (ISO 17025), and will endeavour to make the results of the tests available to the Primary person within the times specified for its Services as shown in the table at point 6 below.
    2. The Customer understands that whilst the particular testing that the Company undertakes is highly accurate, as with any testing there is a possibility of error or omission. The Customer therefore acknowledges and accepts that in the event of the Customer being able to establish a claim for damages resulting from any act of the Company whether negligent or otherwise, the Company's liability shall not exceed the cost paid for the test and agrees to keep the Company and its agents, officers and employees harmless from all further claims or damages. The Customer's rights hereunder shall be subject to the Customer notifying the Company of any error or omission within thirty days of the test report being posted to the Primary person (or within thirty days of the results being issued if the report was not posted).
    3. The Company shall not be liable for any loss or damage suffered by the Customer or any other person as a consequence of reporting the test results to the Primary person or other authorised persons, unless the Company has been negligent.
      1. Any liability arising under this clause (4.3) will be limited to the cost of the Service contracted for.
    4. The Company shall not be liable for any failure or delay in the performance of its testing Services through causes beyond its control, including but not limited to an act of God, flood, drought, storm, war, industrial action, strike, lockout, breakdown of systems or network access, fire, explosion, terrorism, sabotage or other event beyond the Company's control.
    5. Under the Data Protection Act 1998, the Company will only obtain, use, process and disclose personal information about the Customer in order that it may discharge its responsibilities in providing the Service contracted for, and for other related purposes including updating Customer records, analysis for statutory returns, crime prevention and legal and regulatory compliance. In accordance with the Data Protection Act, the Customer has a right to a copy of personal data held about them by the Company and such data can be obtained by them on payment of an administrative fee.
    6. The Company reserves the right to refuse its Services if it has reasonable grounds for believing:
      1. that the biological samples were or will be obtained illegally, or
      2. that the results will be used for an illegal, immoral, improper or unethical purpose.

        The Company also reserves the right to refuse its Services if:

      3. there is a conflict of interest with an existing Customer, or
      4. the quality of the Company's Services might otherwise be compromised, for example if the volume of work requires that no new cases could be taken for a specified period except in an emergency, or
      5. it has other reasonable grounds for doing so.
    7. The test reports provided by the Company are not necessarily for the Customer or the Customer's use and will be given to the Primary person. The Customer has no automatic right to the results without the consent of all persons tested. See also clause 4.9 below.
    8. Written reports will be posted by First Class or electronic mail to the Primary person unless otherwise stipulated.
    9. The Company aims to provide a high quality service at all times. If the Customer is not satisfied with the service they have received they should put their complaint in writing to the Company's Customer Services Department (full contact details for the Company are to be found at the end of these terms and conditions).
      1. The Company will endeavour to look into any complaint carefully and promptly and to explain the position to the Customer. If the Customer feels that the Company has given a less than satisfactory service, the Company will endeavour to address the Customer's concerns.
  5. Customer's responsibilities
    1. The Customer is responsible for ensuring the submission of all required documents, including consent forms and copy ID documents. Where these documents are not returned (duly completed), the Company will be unable to comply with its obligations under these terms and conditions and in this event the Company shall have no further liability to the Customer until or unless the documents are submitted.
      1. If as a result of a failure on the part of the Customer to return the required documents, the Company is obliged to cancel the Order for Services, the Company reserves the right to deduct an administrative charge of £99.00 inclusive of VAT from any sums paid by the Customer before refunding any such sums.
    2. On request, the Company will endeavour to give as much information to the Customer about the Services it provides and the fullest picture of what the results do and do not show, but the Customer must decide whether or not the Service offered by the Company is suitable for any particular purpose and is advised by the Company to take legal or other advice if necessary.
    3. The Customer is responsible for ensuring that they are legally entitled to possess and obtain the biological samples passed to the Company for analysis.
      1. The Customer agrees to indemnify the Company against all claims, expenses and any loss or damage suffered by the Company as a result of the Customer passing to the Company any samples which were not legally obtained.
      2. The Company strongly advises that the Customer obtains independent legal advice about their entitlement to take or obtain samples of biological material from persons other than themselves.
      3. The Company makes no representation that the Customer is legally entitled to perform any particular act in order to obtain biological samples for analysis.
    4. The Customer undertakes that all information provided to the Company for the purpose of ordering the Service is correct and that any credit/debit card used to pay for the Service is owned by them (or that they have the owner's authority to use it to pay for the Service) and that there is sufficient credit or funds to cover the cost of the Service. The Company reserves the right to obtain validation of such cards before accepting the Order for Services.
    5. The Customer warrants that they are entitled to provide the Company with all information and data and shall indemnify the Company against any claims for infringement of the information or data, breaches of confidentiality or failure to comply with any data protection laws brought by any third parties.
    6. It is the Customer's responsibility to provide or ensure that the persons tested provide all necessary or requested identification, materials or samples to the Company and to complete fully any forms or documents supplied or requested by the Company. Failure to do so may result in a delay in providing, or inaccuracies in, test results which may affect the evidential value of the test results and in such circumstances the Company shall not be liable for any such delay or inaccuracy. The Company shall not be liable for any failure to provide accurate, complete or other form of test results due to insufficient, incomplete or poor quality of specimen. Any further testing may incur additional fees.
    7. The Customer is responsible for ensuring that the Primary person is aware of the need for confidentiality and that they should not disclose the contents of the report to anyone other than those authorised by the persons tested. See also clause 4.9 above.
    8. The Customer should only enter into contract with the Company if they are willing to be bound by these terms and conditions.
  6. Fees for Services

    The Price of the Company's Services which may be revised at any time at the Company’s discretion, are detailed below:

    Peace of Mind Test Paternity & Maternity (Father or Mother/ & Child) Additional Test
    Standard Service includes report (5 working days) £90 £60
    Urgent Service includes report (2 working days) £255 £90
    Immigration Test Up to 3 individuals Additional Test
    A flat rate fee for up to 3 individuals and a test price for any additional family members tested at the time of the original test. Excludes fees associated with sampler/collection service.
    Standard Service includes statement (5 working days) £345 £100
    Urgent Service includes statement (2 working days) £995 £285

    All prices inclusive of testing kit and VAT.

    An admin fee of £99 per hour inclusive of VAT, is applicable for additional reports or statements.

    Specialist extraction, for complex samples such as teeth, bones, muscle etc. is chargeable at £99 per hour inclusive of VAT.

    All turnaround times quoted in this document apply from the date at which the Company receives kits/samples at our laboratory.

  7. Payment, postage and refund policy
    1. The Company will not process an Order for Services from the Customer until full payment has been received.
    2. A 14 day cooling off period applies once payment has been received by the Company. Where we have received back a collection kit containing donor samples and completed forms, we will consider this to be authority to complete the DNA testing. At this point, no refunds will be issued unless a sample failure occurs as a direct result of a Company processing issue.

      The customer has three months (from the date at which we despatch the collection kit) to send their collection kits/samples back to Company for processing. If the customer fails to submit their kit within this timeframe, the customer’s account will be closed. A re-activation fee of £50 inclusive of VAT will be charged to process any further samples.

    3. If any party to a test subsequently withdraws their consent once the kit/samples have been received by the Company, testing will be stopped. Payment of fees associated with that test will not be refunded.
    4. Sample collection kits will be mailed free of charge to addresses within the United Kingdom mainland only. A reply-paid postal service (no charge) is provided for the return postage of samples from United Kingdom mainland addresses only. Any customers residing outside the United Kingdom will be charged additional fees for the despatch of sample collection kits and will have to meet the return postage or courier costs themselves. We recommend that samples sent to us from outside the UK are tracked. If import fees are payable these are to be borne by the customer.

      Overseas Postage rates (these rates are applicable from 1st January 2015 and may be subject to change at any time).

      Europe (EU and Non-EU countries) 1-3 working days £40.00
      USA, Canada & Mexico 1-4 working days £50.00
      Rest of World 1-5 working days £75.00

      All prices inclusive of VAT.

    5. An admin fee of £99/hr is payable for additional reports.
  8. Contaminated samples

    It is recommended that in order to avoid accidental contamination of the DNA sample, donors refrain from eating, drinking or chewing gum for a period of 20 minutes prior to the taking of mouth swabs.

  9. Risk

    Risk in and to any samples or specimens provided by the Customer shall remain with the Customer. Any title in and to any test results or similar shall rest with the Company until all payments have been received by the Company from the Customer.

  10. Delivery

    Any delivery times provided to the Customer shall be approximate as the Services specified may alter or third parties may delay delivery or products or services. The Company shall not be liable for any delay in the delivery of the Services and time shall not be of the essence.

  11. Disposal of samples

    The Company shall be entitled to destroy all DNA samples (including extracted samples) received from the persons tested within one month of reporting to the Primary person.

  12. Third Party Rights

    A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.

  13. Copyright and Intellectual Property

    Ownership of copyright in all literature, documentation, and reports etc., prepared by the Company, remain the property of the Company.

  14. Jurisdiction

    The contract between the Company and the Customer as evidenced by these terms and conditions is subject to the Laws of England, and the courts of England and Wales shall have exclusive jurisdiction in relation to any claim or dispute arising from the contract.

Contact details

The Company may be contacted as follows:
Key Forensic Services Ltd
Tel 01953 668669 
or email relationshiptesting@keyforensic.co.uk * enquiries@affirmativedna.co.uk *

*The Customer acknowledges that internet communications are capable of corruption and the company cannot therefore accept any responsibility for changes made to such communications after despatch.

If you have any questions or need any further information please contact us.