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:
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.
mandate will commence upon acceptance of the terms and conditions as stated
herein and upon payment of the fee invoiced.
is entitled to charge a reasonable fee for such service and which fee will be
invoiced and payable upon presentation.
fee paid towards the agency is to facilitate egg donor services and admin fees
as depicted below.
payment is required within three working days of having confirmed an egg donor.
reserves the right to withhold the provision of any services until the invoiced
fee has been paid.
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.
mandate will cease once the obligations of baby2mom have been completed namely
the procurement of egg donor.
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
egg donors are to be screened through the reputable fertility clinics and recommended psychologists.
treatments are to take place within a maximum of three months of the egg donor
having been reserved.
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.
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
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.
associated medical and psychological screening costs that the egg donor is
obliged to undertake are for the account of the client.
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.
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.
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
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
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.
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.
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.
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.
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.
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.