Definitions:

• SxSB: Sussex Sperm Bank Ltd.
• HFEA: The Human Fertilisation and Embryology Authority
• Family: One of the maximum ten permissible births allowed from each donor by the HFEA. Any number of siblings from the same mother counts as one family. For female same sex couples: Either partner may use the same donor to create one family unit, however they must have appropriate HFEA parental consent and be in a civil partnership, marriage, or living together.
• Units: Standard 0.5ml volume units
• Family slot: Must be reserved at the time of placing an initial order. Family slot will remain active until a birth has been reported by either the treating clinic or the patient, or where patients have samples and/or embryos in storage. Family slot will AUTOMATICALLY be released/removed if patient have no samples and/or embryos in storage and no birth has been reported.
• Agreed timeframe: The timeframe reserved for a family slot of a particular donor.
• Primary clinic: The clinic providing the treatment cycle(s) for the patient using SxSB donor sperm.
• Secondary clinic: Any other clinic to which the donor sperm is moved for the purpose of further treatment.
• Commenced treatment cycle: The patient starts stimulatory drugs or scan monitoring for the management of a treatment cycle for Intra-uterine insemination, in-vitro fertilisation (including ICSI) or frozen embryo replacement.

Important Information

It is UK law that a sperm donor can only be used for the creation of a maximum of ten families. Donors can specify less than 10 families, and SxSB has to take all necessary steps to ensure that the donor requirements and HFEA regulation is fully complied with. Any breach of the ten-family pregnancy slot quota has very serious consequences for SSB licence to practice.

If the choice of donor is of particular importance to you, or you are planning siblings, then we strongly recommend that you to consider reserving samples in advance. Samples are not guaranteed until paid in full. We recommend, once a clinical pregnancy is confirmed, to consider sibling samples for future use.  An initial family slot must be purchased with all samples. The family slot will be activated from the date of your order and will automatically be released/removed if no samples/embryos are in storage and no birth has been reported by either the treating clinic or patient.

The payment for samples does not include the following:

• Cost of transportation to clinics
• Any matching services to donors
• Extended donor profile
• Storage (if you have not shipped within 2 months of purchase).
• Any further rights, explicit or implied, to any further sales of the chosen donor sperm.
• Any rights, implied right, or guarantee for freedom to use of any embryos generated after IVF or ICSI.

Specific Terms and Conditions

1. All HFEA and other regulatory Requirements apply at all times.

2. These terms and conditions apply to all transactions involving donor sperm purchased from SxSB purchased by your clinic for themselves or held on behalf of their patients. These terms and conditions will remain in place unless amended or revoked, as stated on the SxSB website. They will continue to apply to sperm originally purchased under their terms unless variation is permitted by SxSB. Such variation will only be authorised by the SxSB Director and Person Responsible.

3. Donor sperm, which is transferred to the Primary Clinic, must remain under the control of the Primary Clinic at all times until it is used. This includes the responsibility for maintaining storage contracts with its patients and disposing of samples past the legal storage period (10 years from freeze date). All donors sign for 55 years embryo storage to allow flexibility for patients.

4. Agreed Timeframe for use of samples: The family slot timeframe is used to allow fair access to all clients using donors. Family slot will be automatically removed/released where no birth has been achieved and no samples and/or embryos are in storage.

5. Withdrawal of the donor: SxSB reserves the right to withdraw your right to use the donor sperm purchased or embryos created as single units, and any rights or ownership of unused samples at short notice up until the day of use, due to but not limited to the following reasons:

a. In the event of unexpected regulation change, to conform to any changes in pregnancy allowance.
b. The patient withdraws from treatment.
c. The donor withdraws his consent. By law sperm donors can change, or withdraw consent at any time up to the point at which the sperm, or any embryos created from their sperm are transferred to the person being treated. This includes where sperm is intended to be used to produce a sibling child. Whilst this is a rare occurrence, all parties must accept the possibility of it happening and cease using any purchased sperm where such notification has been received from SxSB. Financially, SxSB will offer to exchange any unused sperm with samples from a new donor or offer a pro-rata credit of the original vial/straw costs only (not including courier charges or family slots). SxSB will have no further financial obligations.
d. The donor dies and has not given posthumous consent.
e. The donor has reached his family limit. This is carefully monitored but late reporting by clinics may mean the donor has to be withdrawn when you have commenced treatment. No refund will be possible and SxSB will have no further financial obligations to the patient or Primary clinic.

6. Purchaser:

a. Payment for samples may be received either from the patient or from the Clinic which is offering licensed treatment to them.
b. Where a SxSB donor sample has been purchased and transferred to a Primary Clinic, the sperm may only be used by the named patient on the registration form only. If the patient wishes to vary this restriction, only SxSB may grant this authorisation. SxSB will do this once we are satisfied that the original supply terms have been complied with, including HFEA regulations, and will confirm this in writing to the Clinic. This includes changing treatment to a partner in a same sex couple.
c. Samples will only be sold for use in HFEA Licenced Fertility Clinics and not for home insemination.

7. For our refund and cancellation policy, please refer to page 2 of our payment terms and condition (Form C).

8. The donor sperm and embryos created with donor sperm are only for the use of the named patient and is non-transferable unless in agreement with SxSB. This applies whether either the clinic or the patient purchases the samples.
There may be circumstances where a patient purchases samples and then ceases treatment when no family has been produced but there are still some samples of donor sperm remaining. In this case, with the agreement of the patient, the Clinic may discuss using the sample(s) for another patient providing there is a written guarantee that no family has been (or can be) produced with the initial patients, and the names of the new patients have been disclosed to SxSB and confirmation of agreement from SxSB has been received.

9. Following a successful treatment cycle, resulting in a live birth, you may choose to continue to request further samples to allow you to produce siblings using the same donor. We encourage you to reserve these as soon as possible to ensure that you have choices in the future. Donors can be asked to return to SxSB for a further donation cycle for siblings, however this is not guaranteed.

10. After you have purchased your samples you may wish to move samples to another licenced centre (this would be a secondary centre). If you do so, your obligation continues to ensure that the original terms and conditions are complied with.

11. Primary and Secondary Clinics must inform SxSB of ALL pregnancies, births and frozen embryos resulting from the use of the donor at the same time as they report this mandatory information to the HFEA.

12. The SxSB Terms and Conditions must be signed and returned to SxSB before release.

13. Failure to comply with these terms and conditions will result in the contravening Clinic bearing FULL responsibility and liability for the consequences. These consequences may include, but are not limited to:

a. Full HFEA liability for breaching of the Ten Family Rule.
b. Compensation to any patients who may not be able to use their legitimately purchased samples, including the fees for started fertility treatment and any consequential damages claimed.
c. All associated legal and professional fees and any penalties imposed on SxSB.
d. Administration fees for the SxSB time involved in addressing the non-compliance, including HFEA liaison.

14. Acceptance of these Terms and Conditions is denoted on SxSB Form J: Patient/Partner Acceptance of Terms and Conditions.

Please Proceed to Form B.