1. MANDATE AND INSTRUCTION A mandate is hereby given by the client (details as filled hereunder) to appoint baby2mom Egg Donation Agency (baby2mom) to provide a service inter alia relating to the facilitation and reservation of an egg donor (a female person who for a donation is willing to give up her eggs for egg donation purposes as stipulated herein) subject to terms and conditions as stated herein:
1.1. baby2mom is a competent and recognized agency duly able to provide the service as professed herein namely the procurement and reservation of a suitable egg donor.
1.2. The mandate will commence upon acceptance of the terms and conditions as stated herein and upon payment of the fee invoiced.
1.3. baby2mom is entitled to charge a reasonable fee for such service and which fee will be invoiced and payable upon presentation.
1.4. The fee paid towards the agency is to facilitate egg donor services and admin fees as depicted below.
1.5. Full payment is required within three working days of having confirmed an egg donor.
1.6. Baby2mom reserves the right to withhold the provision of any services until the invoiced fee has been paid.
1.7. Such fee once payable will be accepted as a reasonable fee and is non-refundable as baby2mom would have deemed to have provided the services required unless notified to the contrary.
1.8. The mandate will cease once the obligations of baby2mom have been completed namely the procurement of egg donor.
1.9. baby2mom cannot warrant or guarantee that the third party’s availability for fertility treatment (the donor) will result in a pregnancy.
1.10. The client shall be obliged to provide the required FICA documentation (certified copy of identification document and proof of residence document) in order to complete the mandate and instruction.
2. THE EGG DONATION PROGRAMME, PROCEDURE AND PAYMENT
2.1. All egg donors are to be screened through the reputable fertility clinics and recommended psychologists.
2.2. Fertility treatments are to take place within a maximum of three months of the egg donor having been reserved.
2.3. The payment made to reserve an egg donor is for the egg donor to avail herself for the egg donation process for one egg donation cycle subject to the provisions of clause 2.8 below.
2.4. A client has the discretion to go on to a waiting list for donor eggs, an admin fee however is payable to manage the waiting list. This is a non-refundable amount.
2.5. Once the client has selected an egg donor from the egg donor profiles and made payment of the invoiced fee (including the reserved fee of clause 2.4 above) such fee paid will result in the egg donor been reserved by the client and for the donor to avail herself for the appropriate medical and/ or psychological screening as determined by the relevant fertility clinic.
2.6. All associated medical and psychological screening costs that the egg donor is obliged to undertake are for the account of the client.
2.7. The amount invoiced by baby2mom neither includes the egg donor’s donation nor the fertility costs nor any psychological nor medical screening. The client is personally liable for these costs directly.
2.8. In the event that the requested egg donor by the client is found to be medically incapable to act as donor and/or otherwise, the payment made as per clause 2.5 above excluding the admin fee as per clause 2.4 above will be utilized towards the allocation of an alternative egg donor. The client hereby instructs baby2mom to facilitate an alternative egg donor and to credit the new egg donor file with the payment received as per clause 2.5 above. The client will not be entitled to any refund.
2.9. If a client elects to proceed with an egg donor who is required to travel to the client’s preferred fertility clinic, all associated travel costs for the egg donor to avail herself at the fertility clinic for screening and/ or participation on the egg donor program will be for the account of the client.
2.10. In the event that this mandate has been fulfilled or ended and the client requires the assistance of another egg donor or the same egg donor once again, the client will be required to provide baby2mom with a new mandate whereby the terms of this agreement are applicable in respect of a new fee payable and with regards a reservation fee as per clause 2.4 above.
2.11. If the client has not made payment in terms of this agreement and within the stipulated time frame, baby2mom’s rights remain reserved to release the egg donor who will be made available to other prospective clients.
2.12. Should the reserved egg donor no longer be available after payment has been made for her to avail herself on the egg donor cycle, baby2mom shall at no further cost to the client assist to provide another suitable egg donor to proceed with the cycle.
2.13. If client elects to terminate the mandate for any reason including however not limited to the decision not to proceed for personal reasons, the egg donor no longer being required as a result of the female client falling pregnant, any payment made by the client will not be refunded. baby2mom’s mandate will deemed to have been fulfilled once the egg donor (save for the provisions of clause 2.8 above) once the egg donor has been sourced by baby2mom.
2.14. In the event that the client wishes to change egg donors (during the process and if the client has already paid the full fee applicable) baby2mom is prepared to assist by levying a further half fee (of the amount already paid) in order to facilitate and accommodate changes in respect of an alternative egg donor.
2.15. The client hereby further agree that although extensive psychological and medical screening is undertaken on all egg donors prior to proceeding with any egg donation cycle, the client cannot hold baby2mom liable for further fees in the event of misfortunes, including not but limited to any of the following:
2.15.1. No eggs being retrieved because the egg donor has not responded to the stimulation;
2.15.2. Inferior eggs are retrieved;
2.15.3. Eggs do not fertilise;
2.15.4. Fertilised eggs do not grow further or fail to implant;
2.15.6. Pregnancy complications.
2.16. Egg donation in South Africa is anonymous and confidential.
2.17. Whilst baby2mom has attempted to provide accurate information about associated fertility clinics in terms of prices and procedures, the client is obligated to verify such information/facts for herself/himself.
2.18. The client of donor eggs hereby agrees to keep baby2mom updated with respect to pregnancies obtained through the egg donor treatment facilitated by baby2mom Egg Donation Agency as well as any resulting pregnancy following a frozen embryo transfer from the donor eggs.
3. LIMITATION OF LIABILTY – client please note!
3.1. baby2mom cannot guarantee in favour of the client and/or any other person or entity that via its agency and/or otherwise that any program, procedure, egg donation ivf treatment, ivf fertility treatment and/or service as stipulated herein will be successful.
3.2. baby2mom will not be liable in delict, contract, warranty or otherwise for any consequential or direct damage or liability suffered in the event that any programme/program, procedure, egg donation ivf treatment, surrogacy ivf fertility treatment, sperm donor treatment and/or service as stipulated herein was unsuccessful or failed to achieve the desired result.
4. BABY2MOM OBIGATIONS
4.1. baby2mom’s obligations (save for the terms and conditions as contained herein) and more specifically entail the sourcing of egg donors and sperm donors. Once procured, no further obligations except as stated herein will be applicable.
5.1. This Agreement constitutes the whole agreement between the Parties (baby2mom and the client) and supersedes all prior verbal or written agreements or understandings or representations by or between the Parties regarding the subject matter of this Agreement, and the Parties will not be entitled to rely, in any dispute regarding this Agreement, on any terms, conditions or representations not expressly contained in this Agreement.
5.2. No variation of or addition to this Agreement will be of any force or effect unless reduced to writing and signed by or on behalf of the Parties. Neither party to this Agreement has given any warranty or made any representation to the other party, other than any warranty or representation which may be expressly set out in this Agreement.
5.3. The client acknowledges that by filling in his/her details the client has accepted the terms and conditions as outlined hereinabove and fully understands the consequences of acceptance.