Acceptance of Service Offering Terms and Conditions
Please read all sections of Donor Concierge’s Terms and Conditions prior to engaging our services. By engaging Donor Concierge to conduct a search on your behalf you, the client, acknowledge and accept these Terms and Conditions.
Definitions
In these terms of sale, “we” means Donor Concierge (and “us” and “our” will be construed accordingly); and “you” means our client or potential client (and “yours” will be construed accordingly).
Privacy Statement
Your privacy and confidentiality in this process are very important to us. By signing this agreement, you consent to allow Donor Concierge to release your personal information to third party agencies, as necessary, to conduct your search.
Provision of Service
By engaging Donor Concierge to conduct a search for an egg donor, sperm donor, or gestational carrier (also called surrogate) candidate, you agree to provide us with a comprehensive overview of the type of candidate you would like to locate by completing our “Intended Parent Intake” form.
Search overview
A search entails a Donor Concierge case manager reviewing egg donor, sperm donor, or gestational carrier profiles from third-party fertility agencies. The case manager will compile information on your behalf of candidates most closely meeting your stated criteria.
The information you provide to us on the Intended Parent Intake form will be reviewed at Donor Concierge prior to the initiation of your search. You will have an opportunity to talk directly with your assigned case manager prior to the initiation of your search to confirm that they accurately understand your search criteria.
Search criteria
The criteria you provide on the Intended Parent Intake form and in discussions with your case manager determine which egg donor, sperm donor, or surrogate candidates your case manager will find during the search. Any changes or modifications to your search criteria should be communicated immediately to your case manager and as near to the beginning of the search as possible. Any changes or modifications to the search criteria that you make will be implemented only with the agencies that the case manager has not yet searched or contacted. If you want your case manager to search or contact the agencies for a second time that she has already searched or contacted, it will require her to begin a new search and applicable payment from you.
Importance of responding quickly
We will send you profiles of candidates currently listed as available by the agency (not on a waitlist or currently “in cycle”). Since the availability of candidates can change rapidly, we strongly recommend that you review candidate profiles within 24 hours of receipt from your case manager. It is important to respond quickly as desirable candidates are chosen fast.
Donor Concierge works with third-party agencies and organizations. We take care that the information we send you on each candidate is accurate and up to date as far as we know. Since the information being provided to us is by a third party, we cannot guarantee the accuracy of information on any given candidate. The availability and accuracy of information depends upon the individual agency or organization managing that information.
Donor Concierge Services
Phase 1 – In certain circumstances we recommend that the intended parent(s) conduct an initial phase of background assessment to lay the groundwork for a more successful donor or surrogate search and to maximize the opportunity for a successful match.
Egg Donor Search
For the “One-time” egg donor search service we will review profiles of available candidates from all partner agencies and send the intended parent(s) profiles of candidates who most closely fit their search criteria. Each search is customized to the specific qualifications our client is looking for in their donor. Clients choosing the One-time egg donor search service plan will have the assistance of their assigned case manager to follow up on information from the fertility agencies of their top donor candidates. The service is generally complete within one month from the time the search begins.
The "Continuous" egg donor search service is for up to six months of ongoing search and fertility concierge services. We will oversee all aspects of helping the intended parents find the right egg donor for their family, providing weekly updates on any newly available candidates, and acting as their liaison with the agencies, attorney, and fertility clinic. We will continue our search and support until the intended parent(s) have a donor of their choosing who passes their clinic’s in-person medical screening.
Surrogate Search
Standard Surrogate Search – Our “Standard” gestational carrier search package is a surrogate search designed to meet clinic and ASRM guidelines. Generally, a search will be complete within two months although this time can vary, depending upon the availability of surrogates. During that time, we will send you one profile at a time for your review and approval.
Preferred Surrogate Search Service - Our "Preferred" gestational carrier search package is a surrogate search that will meet Intended Parents' more specific criteria as closely as possible. Generally, a search will be complete within three months although this time can vary, depending upon the availability of surrogates who meet the specific criteria requested. The more specific your requirements are, the longer it may take to find a surrogate who meets those criteria. During that time, we will send you one profile at a time for your review and approval. We will send you candidates who come as close as possible to your desired criteria and who meet ASRM guidelines and your clinic requirements.
A Bundled Search consists of one (1) egg donor search and one (1) gestational carrier search as detailed above.
Sperm Donor Searches – We will search through all of the databases of sperm banks with which we work to locate sperm donor candidates who come as close as possible to your desired criteria of physical, ethnic, and academic qualities. Your Case Manager will follow up with each sperm bank for availability and costs about the donors in whom you are most interested. The Standard Sperm Donor Search is typically completed within two (2) weeks.
Our Guarantee
Our guarantee is limited to conducting the egg donor, sperm donor, or surrogate search based on the requirements that you submit at the time of booking. The vast majority of our clients find donors or surrogates they want to cycle with. But, Donor Concierge cannot control that you will choose one of the candidates presented to you. We also cannot guarantee that the information about donors or surrogates gathered through the search process is accurate or up to date, simply that it reflects the information available to us at the time of the search.
Egg Donor Search Guarantee: If the donor you choose is not approved by your fertility clinic, Donor Concierge will follow up on the top candidates from your search at no additional charge. If none of your top candidates are available or acceptable to you, Donor Concierge will conduct a new search at a discounted rate if the request is made within six (6) months of when we started your original search. If your egg donor cycle does not result in sufficient embryos, we will conduct a new search at a discounted rate if the request is made within six (6) months of when we started your original search.
Surrogate Search Guarantee: Donor Concierge will assist you until the surrogate passes your clinic’s medical screening and, if not approved during your clinic’s screening process, Donor Concierge will work with the surrogacy agency you chose initially to review the records of new surrogate candidates. If you decide to work with a different agency, Donor Concierge will assist you until you have found a surrogate. Please note that we cannot guarantee reimbursement of funds already paid to the initial surrogacy agency, nor outcomes of the gestational carrier cycle.
Payment
Payment for any of our search service packages is due upon booking. Payment to Donor Concierge is for our time and expertise in searching for candidates and is not dependent upon matching with a particular candidate. Payment can be made with a credit card, check, or via wire transfer. Donor Concierge works on a first-come, first-served basis and conducts searches in the order of our receipt of all applicable documents and payment.
Limited Liability
You understand and agree that our maximum liability to you is limited to the amounts you have paid us to provide services to you. In no event will we be responsible for consequential damages of any kind, whether or not foreseeable.
Confidentiality
Any photographic or informational profiles of egg donor, sperm donor, or surrogacy candidates that are disclosed to you by Donor Concierge are considered Confidential Information and any identities of such persons not disclosed to you is the Confidential Information of such persons. Any information about the donor agency or surrogacy agency or of Donor Concierge that is not already published publicly (including policies, pricing, and processes) that are disclosed to you by Donor Concierge are also considered Confidential Information.
You agree not to communicate Confidential Information to any third party. You also agree not to try to obtain Confidential Information not disclosed to you except through procedures approved by Donor Concierge and not to disclose any such Confidential Information to third parties or publicly (e.g., in social media) or to use such Confidential Information in any manner not approved by Donor Concierge.
You agree not to use any Confidential Information of Donor Concierge for any advertising or marketing purposes. You specifically agree not to use any photographic or informational profiles of egg donor candidates in any advertising or marketing to promote your own services.
Refunds
Once we begin your egg donor, surrogate, or sperm donor search our fees are non-refundable. Fees are not dependent upon results as we cannot control the availability of specific donors or surrogates nor can Donor Concierge control that you will choose one of the candidates that we present to you. If a client chooses not to proceed with a search after reserving and paying for it and with notification of at least 24 hours before the start date of the search, Donor Concierge will refund payment less a 5% processing fee. All refunds will be issued in the same form payment was made. Please allow two weeks for processing.
In providing services to our clients, we do not discriminate, or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition. Nevertheless, we reserve the right to refuse to do business with or provide our services to clients or potential clients based on other factors such as demeanor, reputation, criminal background, or other factors in our sole and absolute discretion.
Updated 5.17.23