Terms and Conditions

  1. Definitions

    • 1.1. In these Terms and Conditions, the following expressions shall have the following meanings:
    • 1.2. CERTIS: means Certis BioLabs Limited, having its registered address at Aspect House, Grove Business Park, Wantage, Oxfordshire, OX12 9FA.
    • 1.3. CERTIS Customer: means the instructor, or in the case of a joint instruction the instructors who are commissioning the Services provided in connection with the advice they are giving to their Individual Clients.
    • 1.4. Individual Client: means the individual to whom the CERTIS Customer is giving professional advice in connection with which the Service is required and who is a Client of CERTIS’s Customer.
    • 1.5. Services: means the provision by CERTIS of the collection and testing of samples for specific drugs and/or alcohol use markers, and reporting upon the results, in which an Individual Client of the CERTIS Customer has or may have an interest.
    • 1.6. Service Fee: means the fee charged by CERTIS for the Services provided.
    • 1.7. Principal: means either (i) those instructing CERTIS acting on their own account, or (ii) those instructing CERTIS being authorised to make such commitments on behalf of the firm or business that they represent.
    • 1.8. Fees Sheet: means a list of fees produced from time to time by CERTIS for different aspects of the Services for the purpose of determining the Service Fee.
    • 1.9. In this document, the masculine shall include the feminine and the singular shall include the plural and vice versa.
    • 1.10. Accredited Laboratory: means CERTIS’ laboratory partner,

  2. Acceptance Of These Terms and Conditions

    • 2.1. By submitting the Instruction Form or making any other request for the Services, the CERTIS Customer is deemed to have read and accepted these Terms and Conditions.

  3. Commencement

    • 3.1. These Terms and Conditions shall be effective from the date on which the CERTIS Customer instructs CERTIS to provide elements of the Services, whether by means of an automated request through the internet or by any other means. These terms shall apply to any instructions that the CERTIS Customer gives to CERTIS in connection with the Services, until such time as CERTIS provide alternative Terms and Conditions to the CERTIS Customer.

  4. Instructions and Information

    • 4.1. CERTIS accepts instructions only on the basis that the CERTIS Customer is a principal.
    • 4.2. The Services are provided only on the basis that the CERTIS Customer gives CERTIS all proper, necessary and timely instructions, authority and information (including all duly executed documents required) to enable CERTIS to undertake, lawfully and effectively, the Services instructed and that those instructing CERTIS indemnify CERTIS accordingly.
    • 4.3. CERTIS shall rely upon information provided by, or on behalf of the CERTIS Customer/Client and on information from published sources. CERTIS assumes no liability for the accuracy or completeness of such information and shall have no obligation to independently verify the accuracy or completeness of such information.
    • 4.4. By agreeing to these Terms and Conditions the CERTIS Customer confirms, as an individual or member of a professional firm, that they have the authority to instruct CERTIS concerning this matter.
    • 4.5. When instructing CERTIS to proceed with Sample Collection, CERTIS will take that as an acceptance of the costs for the subsequent quote provided. Sample collection is outside the scope of UKAS accreditation.

  5. Non-Exclusivity

    • 5.1. It is understood that the Services are provided on a non-exclusive basis.

  6. No Reliance by Third Parties

    • 6.1. The Services are provided solely for the use of the CERTIS Customer and apart from the Individual Client who is receiving professional advice from the CERTIS Customer, shall not be used or relied upon by any other third party. The CERTIS Customer can pass on the Report to other parties as the CERTIS Customer decides is his absolute right.

  7. Service, Delivery and Timeframes

    • 7.1. CERTIS will report test results against our standard criteria. Opinions and interpretations expressed in the Report are outside the scope of UKAS accreditation.
    • 7.2. CERTIS will report all quantitative analytical results in the certificate of analysis. The highest levels reported are based on the upper limit of quantification determined by the highest standard on the standard curve produced for that batch. Where the quantity of drug or metabolite exceeds the upper quantifiable limit then the result is reported as greater than (>) the upper quantifiable limit. Failure to detect metabolites may result in not being able to prove ingestion of a substance, although many other factors are also taken into consideration. There is a measurement of uncertainty for the analysis of drugs and metabolites in hair, which is calculated to accommodate all potential variables during the testing process. This uncertainty of measurement is not included in the final result.
    • 7.3. CERTIS will subcontract tests to an accredited laboratory partner. The client will be informed of this, in advance of testing being subcontracted. CERTIS may subcontract other tests to approved laboratories within the UK and overseas, as necessary. A summary of measurement of uncertainty for accredited and subcontracted tests are available upon request.
    • 7.4. The limits of quantification and measurement of uncertainty used by the accredited laboratory for the drugs and metabolites analysed in scalp hair are presented in Section 22, Figure 4. Uncertainty of Measurement is calculated using a standard uncertainty multiplied by a coverage factor of k=2, resulting in a confidence level of 95%
    • 7.5. For each alcohol-marker in a blood sample the accredited laboratory will set a normal range within which are expected to be the results of 95% of the population. Results of some tests outside the normal range may indicate excessive use of alcohol.
    • 7.6. For EtG testing in urine the accredited laboratory set a cut-off level (500 ng/mL), a result above which is determined as Positive, which indicates a high probability of alcohol consumption in the 2 to 3 days prior to sample collection.
    • 7.7. For the majority of drug groups (not including amphetamine group), if the testing fails to detect metabolites of the parent drugs in the hair samples, then this may result in not being able to conclusively prove ingestion of the substance.
    • 7.8. When the accredited laboratory analyse hair samples to identify the drug groups selected, it is possible to identify additional compounds which may be present, although without further testing and investigation, it is not possible to confirm the identity or quantity of these compounds. If the customer has requested to be notified of any additional compounds in the original instruction, we will advise when any are found and ask if the customer would like these to be reported on. If the customer has initially requested for additional compounds to be treated as Notify and Report these compounds will automatically be reported on. The charges for the additional investigation are detailed in our Fees Sheet. The customer can also formally request CERTIS to identify and report any additional compounds found in the sample after the initial testing has been completed. Where CERTIS are requested to report on additional compounds outside the initial instruction, the customer has responsibility to ensure permission has been obtained from the client. There will be an additional charge for this investigation and reporting, in line with costs detailed on the CERTIS Fees Sheet.
    • 7.9. Although CERTIS does not generally provide the Services under a time schedule, CERTIS requests that the customer provides a date in the space provided on the Instruction Form, confirming when they require the Report to be available. CERTIS will use all reasonable endeavors to make the Services available in accordance with the customers requested time schedule. Where it is not possible to meet this schedule CERTIS will notify the customer and will provide an estimated time schedule, which is usually within 8 working days from receipt of the sample in the accredited laboratory. However, it is understood that statements provided by CERTIS to the CERTIS Customer concerning the total work time are given only as an estimate, in good faith and for planning or other purposes only, so will not be contractually binding. Accordingly, CERTIS accepts no responsibility or liability, financial or otherwise, in the event of being unable to comply with the said estimated time schedule.
    • 7.10. Risk in, and to any samples or specimens provided by the CERTIS Customer shall remain with the CERTIS Customer. Any title in, and to any test results or similar shall rest with CERTIS until all payments have been received by CERTIS from the CERTIS Customer or its representative.
    • 7.11. CERTIS may from time to time make changes in the specification of the Services which are required to comply with any applicable safety or statutory requirements or for the purposes of a commercial reasoning by CERTIS or which do not materially affect the quality or fitness of the Services.
    • 7.12. When CERTIS are instructed to test the B sample, then this is tested in the accredited laboratory unless specifically instructed by the customer to have an alternative laboratory test the sample. Where an alternative laboratory is requested to carry out the testing then CERTIS will advise the customer on a suitable laboratory. Where the customer specifies a specific laboratory then CERTIS will only send the sample to the specified laboratory if it is appropriately accredited (e.g., UKAS ISO/IEC 17025) for the specific analytes that require testing or is on the CERTIS approved supplier list.
    • 7.13. The sample is sent to the specified laboratory with the appropriate accompanying information and there may be an additional fee applied for the administration and postage.
    • 7.14. Samples are stable for transport/ storage for the following time periods:
      Sample Type Storage Time
      Hair/Nails 12 months at room temperature.
      Hair/Nail wash 6 months at 2-8oC, then 1 year at -20oC (±5oC)
      Urine Etg 12 days at room temperature, then 1 year at -20oC (±5oC)
      Blood PEth 6 months at room temperature
    • 7.15. Samples processed outside of these storage conditions will be reported to the customer with this storage anomaly and any potential impact on results clearly identified.

  8. Liability

    • 8.1. CERTIS shall perform the Services with reasonable skill and care.
    • 8.2. Other than in relation to death or personal injury resulting from the negligence of CERTIS, the liability of CERTIS to the CERTIS Customer or to any third party or parties shall be limited as follows:
    • 8.3. Subject to subsection 8.4 below of this clause 8, in no circumstances shall CERTIS be liable to the CERTIS Customer or to any third party or parties in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for:
    • 8.4. any increased costs or expenses;
    • 8.5. any loss of use, profit, business, contracts, revenues, delay, or anticipated savings; or
    • 8.6. any special indirect or consequential loss or damage of any nature whatsoever arising directly or indirectly out of the provision by CERTIS of the Services, or of any error or defect therein, or of the performance, non- performance or delayed performance by CERTIS of the Services and CERTIS gives no warranty in respect thereof. (By way of illustration, but not as an exhaustive list, examples of consequential or indirect loss would be loss of future business, loss of reputation or goodwill, loss of anticipated savings and damages, costs or expenses payable by the CERTIS Customer or any other third parties).
    • 8.7. Nothing in this clause 8 is deemed to exclude or restrict CERTIS’s liability for death or personal injury resulting from CERTIS’s negligence.
    • 8.8. Subject to clause b) above of this clause 8, CERTIS’s entire liability (for any one claim for direct loss or for all claims for direct loss arising from any one act or default, whether arising from CERTIS’s negligence or otherwise) in contract, tort (including negligence or breach of statutory duty) or otherwise arising by reason of, or in connection with this Service shall be limited to the total invoice amount for the relevant Services provided.
    • 8.9. Time of provision of any Services is not of the essence. Any date mentioned is given only as a guide and CERTIS is not liable for any loss whatsoever arising from any delay or failure of CERTIS or its third-party providers to perform the Services.

  9. CERTIS’s Fees

    • 9.1. Where an CERTIS Customer instructs CERTIS in writing to undertake the Services (or any other service) the CERTIS Customer is responsible for CERTIS’s fees whether or not the case proceeds to its conclusion.
    • 9.2. Where an CERTIS Customer instructs that the fees are to be shared with other parties then each of the other parties will become responsible individually for their share of the fee indicated by the CERTIS Customer when CERTIS receive agreement from the other party.
    • 9.3. Until such time as CERTIS receive agreement from another party the CERTIS Customer will retain responsibility for other party’s share of the fee.
    • 9.4. CERTIS will make reasonable efforts to obtain the agreement of other parties to take responsibility for the share of the fee indicated by the CERTIS Customer.
    • 9.5. The CERTIS Customer will be responsible for all charges of other parties, where the CERTIS Customer has not informed CERTIS of the sharing parties involved until after receipt of the Invoice and Final Report. Within 7 days from the receipt of the Invoice and Final Report, the CERTIS Customer must notify CERTIS of any corrections required to the invoice as no amendments can be made after that date. In this instance, CERTIS will make every effort to support the CERTIS Customer in securing payment from any other sharing party.
    • 9.6. It is of the essence of this Agreement that payment is due immediately in relation to the Services provided. The Service is deemed to be provided when the Report is rendered to the CERTIS Customer.
    • 9.7. CERTIS may, at its discretion, agree with the CERTIS Customer, or individually with any of the other parties responsible for a share of the fee, to defer payment of the fee until such time as CERTIS shall decide.
    • 9.8. In the event that payment of a CERTIS invoice has not been received by CERTIS from the CERTIS Customer after a period of 30 days from the date of the invoice, then the CERTIS invoice will become due for immediate payment by the CERTIS Customer. This is irrespective of the claim being made to the Legal Aid Agency and/or any subsequent rejection of the invoice or payment made by them to the CERTIS Customer.
    • 9.9. CERTIS reserves the right, at their discretion, to charge interest on any outstanding invoices, which exceed 30 days from the date of the invoice. The rate of interest will be calculated at a daily rate.
    • 9.10. CERTIS reserves the right at their discretion to seek the assistance of any legal means to recover any monies outstanding after 30 days from the date of the invoice irrespective of the submission date to the Legal Aid Agency.
    • 9.11. CERTIS reserves the right to charge a fee of £50 + VAT for any appointment cancelled within 72 hours.
    • 9.12. Any revisions to the Services will be charged at the rates stated in the latest Fees Sheet.
    • 9.13. Where work is terminated before completion, the matter will be regulated by clause 12 hereof, below.

  10. Taxes

    • 10.1 Fees and expenses are exclusive of any Value Added Tax and/or other tax and the CERTIS Customer will be liable for all such taxes to the extent required by law.

  11. Force Majeure

    • 11.1. Without prejudice to anything stated elsewhere in this document, it is understood that CERTIS shall not be liable to the CERTIS Customer or to any third party for any failure or delay in the performance of CERTIS’s obligations where such delay or failure is caused by circumstances beyond CERTIS’s control which would include (but not be limited to) act of God, war, riot, sabotage, explosion, abnormal weather conditions, fire, flood, strikes, lockouts, or other industrial action or dispute, government actions or regulations, default of third parties, or illness within CERTIS.

  12. Cancellations

    • 12.1. If an Instruction request is cancelled, a reduced fee calculated from the Fees sheet for the Services already performed or started at the time of cancellation.
    • 12.2. In addition to what is stated above in clause 12.1 hereof, the CERTIS Customer shall pay in full any third-party costs incurred.
    • 12.3. There shall be no offset against any other Services that CERTIS may provide for the same CERTIS Customer or professional firm.

  13. Alterations

    • 13.1. The CERTIS Customer may request an alteration or modification to the Instruction request at any time

  14. Communications Via E-Mail and The Internet

    • 14.1. CERTIS makes full use of electronic communication where CERTIS Customers wish.
    • 14.2. If the CERTIS Customer asks CERTIS to communicate with them electronically via the Internet, CERTIS asks the CERTIS Customer to note that the Internet is neither private nor secure and that CERTIS cannot guarantee correct message routing or promptness of delivery.
    • 14.3. Where security and reliability are important, CERTIS recommends that the CERTIS Customer does not use the Internet for sending to CERTIS or receiving from CERTIS messages or documents.
    • 14.4. If the CERTIS Customer chooses to communicate with CERTIS via the Internet, CERTIS shall assume that the CERTIS Customer wishes communications between him and CERTIS to be conducted via the Internet notwithstanding the security and reliability issues above mentioned.
    • 14.5. If the CERTIS Customer chooses to communicate with CERTIS via the Internet and wishes such communications to utilise digital IDs and related encryption features the CERTIS Customer must give CERTIS clear written notification of such requirements. In the absence of such a notification CERTIS shall be entitled to communicate via the Internet without encrypting e-mails or attachments. The CERTIS Customer understands that the application and use of digital IDs and encryption is subject to him obtaining and installing an appropriate digital ID on the computer used to communicate with CERTIS. The CERTIS Customer accepts that any failure to co-operate with CERTIS in the exchange of digital IDs and signatures will prevent CERTIS from communicating with the CERTIS Customer using digital IDs and encryption.

  15. Confidentiality & Privacy

    • 15.1. CERTIS will keep confidential matters it handles for CERTIS Customers except where CERTIS Customers authorise CERTIS to disclose information, where CERTIS is required to make a disclosure under applicable regulations or legislation, or where the information is already within the public domain.
    • 15.2. CERTIS may use personal information provided by the CERTIS Customer or its employees in connection with this Agreement, but such use would be in accordance with the terms of CERTIS’s Privacy Policy, the current version of which can be provided upon request.
    • 15.3. CERTIS will give the CERTIS Customer a minimum of 30 days’ notice of any change to its Privacy Policy.
    • 15.4. CERTIS’s Privacy Policy is hereby incorporated into and forms part of this Agreement
    • 15.5. Where client consent has been obtained CERTIS may utilise some unused samples for training and/ or development purposes. The use of these samples shall not affect the case.

  16. Data Protection

    • 16.1. CERTIS will use personal information which it holds about CERTIS Customers and CERTIS Customers’ Clients to provide the Services.
    • 16.2 CERTIS may share personal information as referred to above in clause 16.1 of this document but only with associated firms and individuals and only in connection with the Services CERTIS provides.
    • 16.3 CERTIS will not pass any personal information outside the European Economic Area and CERTIS will not pass, disclose, rent or sell personal information of CERTIS Customers or that of Individual Clients (other than personal information which is already publicly available) to any third party, without the CERTIS Customer’s prior written consent.
    • 16.4 CERTIS Customers and Individual Clients have the right, by written request and on payment of a small fee, to a copy of any personal data (as defined by the latest GDPR Regulations and/or the Data Protection Act 1998) which CERTIS holds about them.

  17. Copyright In Documents and Processes

    • 17.1. The Services and all original documents, electronic forms and compilations and/or processes that CERTIS generates for CERTIS Customers, are protected by copyright (and, together, may hereafter be referred to as the ‘Copyrighted Elements’). For the avoidance of doubt, CERTIS hereby states, and the CERTIS Customer hereby accepts that the Intellectual Property in the Copyrighted Elements shall remain the property of CERTIS.
    • 17.2. The fee which CERTIS Customers pay for CERTIS’s work gives CERTIS Customers an implied license to make use of the materials referred to above in clause 17.1 hereof, but only
      • 17.2.1. for the purposes for which they were generated or supplied to CERTIS Customers and for reasonably associated purposes.
    • 17.3. CERTIS Customers may not copy CERTIS’s Copyrighted Elements for any purposes other
      • 17.3.1. than those referred to above in clause 17.2 hereof nor provide them to other firms or individuals. In particular, CERTIS Customers may not copy or pass on such Copyrighted Elements to individuals or firms who may provide services similar to those offered by CERTIS or their associates.
    • 17.4. If, contrary to what is stated above in clause 17.3 hereof, the CERTIS Customer makes a third party aware of any aspect of the Copyrighted Elements, or uses any aspect of the Copyrighted Elements in the performance of work for a third party, whether or not in accordance with the said purpose, the CERTIS Customer will be solely liable to such third party for any error or defect in the work and/or the consequences thereof and will indemnify CERTIS against all loss, actions, claims, costs, demands, expenses and liabilities whatsoever which CERTIS may incur either at common law or by statute in respect of any loss, damage, personal injury or death suffered by a third party by reason of any error or defect in the work, or by reason of the consequences of any such error or defect.

  18. Destruction of Documents

    • 18.1. CERTIS will retain files relating to a CERTIS Customer’s matters for six years after completion. After that period, CERTIS shall be entitled to destroy files without further reference to the CERTIS Customer unless the CERTIS Customer requests otherwise, in writing, in advance.

  19. Resolving Problems

    • 19.1. In the event of any difficulties with CERTIS’s Services, the CERTIS Customer should notify CERTIS immediately the CERTIS Customer becomes aware of the difficulty.
    • 19.2 Initially, the CERTIS Customer should speak to the CERTIS Expert Support Team who will try to resolve the matter.
    • 19.3 CERTIS will ensure that the CERTIS Customer’s complaint is investigated promptly and thoroughly, following the CERTIS Complaints Procedure, and will inform the CERTIS Customer of the results of the investigation and of any appropriate action taken.
    • 19.4 CERTIS complaint procedure is available upon request.

  20. No Agency

    • 20.1. Neither party shall be deemed an agent of the other.
    • 20.2. Nothing shall construe CERTIS an agent of any third party.

  21. Law

    • 21.1. The relationship between CERTIS and the CERTIS Customer shall be governed by the Laws of England and Wales.
    • 21.2. If any dispute between the parties arises out of or in connection with the Services, it may be referred by either party to, and finally settled by mediation in accordance with the Centre for Dispute Resolution Model Mediation Procedure.
    • 21.3. Any dispute not so resolved by such mediation shall be subject to the exclusive jurisdiction of the English Courts.
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