PUBLIC CONTRACT
on the provision of dental services
LIMITED LIABILITY COMPANY “CHIBIS S” represented by director Lyudmila Viktorivna Voronetska, acting on the basis of the Charter (hereinafter referred to as the “Executor”), and the individual who applied to the Contractor for dental services (hereinafter referred to as the “Patient”), collectively referred to as “Parties”, and each individually as a “Party”, enter into this agreement for the following.
1. GENERAL PROVISIONS
1.1 In accordance with Art. 633, 634, 641 of the Civil Code of Ukraine, this Agreement is a public Agreement (public offer) that contains all the essential conditions for the provision of dental services by the Contractor and offers an unlimited number of natural persons (Patients) to receive dental services under the conditions specified in this Agreement.
1.2 The terms of this Agreement are set to be the same for all Patients, except for those to whom the legislation of Ukraine has provided relevant benefits, if any.
1.3 The Contractor has no right to refuse to conclude this Agreement if he has the ability (including technical, personnel, organizational, etc.) to provide dental services to the Patient.
1.4 The contract is binding for the Contractor from the moment of its publication on the Contractor’s website.
1.5 The patient, when making an oral or written application for dental services to the Contractor’s medical facility, accepts (accepts) all the terms of this Agreement, and the date of the first application, with the consent of the Parties, is considered the date of conclusion of this Agreement.
1.6 Additional evidence of the conclusion of this Agreement may be the Patient’s performance of confirming actions: signing the treatment plan, starting actual use of services, paying the bill, etc.
1.7 The patient is considered familiar with the Agreement at the time of concluding the Agreement.
1.8 Changes to this Agreement are made by the Contractor unilaterally and are published on the Contractor’s website and on paper in the Contractor’s medical facility (at the reception and/or in the Consumer’s Corner). In the event of discrepancies between the terms of this Agreement published on the Contractor’s website and on paper in the Contractor’s medical facility, priority shall be given to the paper copy.
1.9 In the event of changes to this Agreement (including the introduction of new tariffs for Services), the Contractor is obliged to notify the Patients about this 30 days before the expected date of implementation of changes and/or introduction of new tariffs by placing an announcement on the website and at the reception in the premises of the medical institution. The announcement of the introduction of new tariffs must also be posted in the medical institution within 2 months from the beginning of their introduction.
1.10 If the Patient disagrees with the changes made to the Agreement, such Patient is obliged to terminate the Agreement within a week from the moment when he learned or could have learned about the changes. Continuation of the use of the Services indicates the Patient’s agreement with the changes made to the Agreement.
1.11 The Contractor confirms that he has all the necessary permits to carry out business activities related to medical practice related to the execution of this Agreement, and bears responsibility in case of violation of the Patient’s rights in the process of execution of the Agreement and implementation of the Services. The contractor provides dental services on the basis of a medical practice license issued by order of the Ministry of Health of Ukraine dated 07.15.2011 No. 602205.
1.12 In the event that the legislation of Ukraine establishes norms that conflict with this Agreement, the relevant norms of the legislation of Ukraine will prevail.
2. TERMS, CONCEPTS AND DEFINITIONS
In this Agreement, the following terms, concepts and definitions are used in the following sense:
2.1 Dental service – a certain action or set of actions performed by medical workers in the Contractor’s Institution for the purpose of prevention, diagnosis, treatment or rehabilitation of diseases, pathologies or conditions of the Patient.
2.2 A patient is a natural person who applied to the Institution for dental services and concluded an agreement with the Contractor on the provision of such services. If the consumer of the Services is a minor or an incapacitated person, the legal representative of such a person acquires the rights and obligations provided for in this Agreement for the Patient.
2.3 The Medical Center (hereinafter referred to as the Institution) is a health care institution established by the Contractor and located at the address: Kyiv, str. Zoological, 6.
2.4 The Contractor’s website is a web page on the Internet at www.chibis.in.ua, which is the official source of informing Patients about the Contractor and the services provided by him.
2.5 The attending physician is the Contractor’s physician who provides dental services to the Patient at the Facility.
2.6 Treatment plan – a set of preventive, curative, diagnostic, rehabilitation measures, medical manipulations, etc., chosen by the doctor for each Patient separately and agreed with the Patient, necessary to achieve positive results in the treatment of the Patient’s disease, indicating the stages of treatment, a list of medical interventions, targeted periods of treatment and of the targeted cost of treatment in the prices effective on the day the treatment plan was drawn up.
2.7 Schedule of visits – a schedule of prescribed dental services, which specifies the list of services, the calendar date and the exact time when the Patient must appear at the Institution to receive such services, which is signed by the Patient and is mandatory for the latter to perform.
2.8 Informed consent is the Patient’s consent to medical intervention, which can be made in writing by signing a separate form approved by the Contractor or the corresponding wording in the medical documentation (medical card, etc.).
2.9 Rules – Rules for the stay and service of patients at the Institution, approved by the Contractor and binding on the Patient, which the Patient must familiarize himself with before concluding the contract.
3. SUBJECT OF THE AGREEMENT
3.1 The Contractor undertakes, upon the order and consent of the Patient, to provide the latter (or the person in whose interests this Agreement is concluded) one or more paid dental services from the Contractor’s list of medical services in accordance with the established diagnosis (hereinafter – Services), and the Patient undertakes to accept and pay for the Services on the terms specified in this Agreement.
3.2 The scope, type, cost and terms of the provision of Services are determined taking into account the health of the Patient, medical indications, the wishes of the Patient and the technical capabilities of the Contractor.
3.3 On the basis of the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible treatment options, the consequences of treatment and expected results, the degree of risk and possible complications, and informs the Patient in detail about this.
3.4 Based on the results of the initial examination, the doctor draws up a Treatment Plan, which determines the scope of Services agreed by the Parties and their preliminary cost. A necessary condition for the execution of the Agreement is the Patient’s agreement with the proposed Treatment Plan, which is evidenced by the Patient’s signature.
3.5 During the validity of the Agreement, the Parties may draw up several Treatment Plans (in this case, the terms of the additional Treatment Plan will be an addition to the previous Treatment Plan) or change the Treatment Plan.
3.6 The patient agrees that if it is necessary to conduct an additional examination or to receive the consultation of a specialized medical specialist who is not available at the Contractor, he is obliged to undergo such examination or consultation within the terms set by the Contractor, paying for these services at the rates of the relevant medical institutions.
4. PROCEDURE FOR PROVISION OF SERVICES
4.1 Services are provided in the Contractor’s medical institution – the Institution in accordance with the Rules, using certified equipment and approved medical products and materials.
4.2 The attending physician is appointed by the Executor in agreement with the Patient.
4.3 The provision of Services is carried out in accordance with the Patient’s Informed Voluntary Consent for diagnosis, treatment, surgery and analgesia, which is drawn up in the form established by the legislation of Ukraine and can be additionally drawn up in the form determined by the Contractor, before the provision of the first Service and before the provision of Services, the list of which is determined by the Contractor . The parties have agreed that the signing of the informed consents is a necessary precondition for the commencement of the provision of the Services.
4.4 Services are provided by appointment, which is made by phone. Provision of Services without a prior appointment is possible only in cases where there is no prior appointment for other Patients at that time. The date and time of provision of each Service is agreed upon by the Contractor and the Patient in oral or written form (by signing the schedule of visits).
4.5 The date and time of provision of each Service may be changed at the initiative of the Patient before the deadline for provision of such Service.
4.6 In case of being late, the Patient is obliged to notify the Institution’s administrator in advance. In the case of lateness, which led to a shift in the appointment schedule, the Patient is assigned another visit time at the discretion of the Performer.
4.7 The date and time of provision of each Service may be changed at the initiative of the Contractor in the event of:
4.7.1 If the Patient’s state of health before the start of the Service renders it impossible or significantly increases the risk of complications, threats to the Patient’s life or health, or other serious or negative consequences.
4.7.2 Occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Service.
4.8 The Contractor has no right to disclose to third parties information about the illness, medical examination, examination and their results, intimate and family aspects of the Patient’s life, which became known in connection with the execution of this Agreement, except for cases provided for by the legislation of Ukraine.
5. COST OF SERVICES AND CALCULATION PROCEDURE
5.1 The cost of the Services provided under this Agreement is determined in accordance with their volume and the Service tariffs approved by the Contractor. Tariffs for Services have the legal force of an agreed price agreement.
5.2 The preliminary cost of the Services is indicated in the Treatment Plan and does not include the cost of treatment of hidden pathologies that may be detected during treatment. The prices specified in the Treatment Plan are valid for the period specified in the Treatment Plan. After this period expires, the cost of the Services is determined based on the Contractor’s tariffs in effect at the time the Service is provided.
5.3 Services are paid for by the Patient in one of the following ways at the Patient’s choice:
(1) cash payment to the Executor’s cash desk;
(2) payment by means of a payment card using a payment device of the Contractor’s bank;
(3) payment of the Contractor’s bills by non-cash settlement.
5.4 Services are paid for by the Patient on the day the Service is provided – before the Service is provided or immediately after it is provided, in the amount of the full cost of the Service provided in a specific visit.
5.5 The patient has the right to pre-pay for the Services specified in the Treatment Plan. The cost of the Services paid by the Patient as an advance payment cannot be revised by the Contractor in the event of a change in the tariffs for the Services and is set in accordance with the tariffs effective on the day of payment.
5.6 For certain types of Services, which involve preliminary expenses of the Contractor (individual order of medical structures for the Patient from third parties, etc.), the Patient must make a prepayment in the amount of 50% of the cost of such structures. The amount of the advance payment and the term of its payment may be specified in the Treatment Plan and/or in the invoice provided to the Patient in advance.
5.7 Non-cash payment services are provided only on condition of 100% advance payment.
5.8 If the sum of the cost of all components of the provided Services exceeds the advance payment made by the Patient, the difference must be paid by the Patient no later than the day the Services end.
5.9 In the event that the Patient does not have sufficient funds to pay for the Services received, the Patient’s debt to the Contractor may be formalized by an additional agreement on the payment of Services with installment payments.
5.10 Treatment under insurance is provided on the condition that the Contractor has previously entered into a corresponding Agreement with the insurance company.
5.11 The patient may be granted a discount on the cost of the Service, the amount of which is determined in accordance with the procedure established by the Contractor.
5.12 If in the process of providing the Services there is a need to adjust them (providing additional services or changing the Treatment Plan), then the final price of the Services under the Agreement is also subject to a corresponding adjustment. Such changes shall be agreed by the Parties before the provision of additional or changed Services. The patient has the right to refuse the adjustment of Services and continue to receive Services according to the agreed Treatment Plan. If such a refusal makes it impossible to continue providing the Services due to medical indications, the Contractor has the right to unilaterally terminate this Agreement, and the Patient is obliged to pay the cost of the Services actually received. If the Patient does not object to the change or addition of the Treatment Plan, then the provision of Services continues in accordance with the new conditions and with the signing of a new or additional Treatment Plan.
5.13 If, due to the Contractor’s fault, the Services are not provided in full, the cost of the Services not provided and paid for shall be reimbursed to the Patient within three working days from the moment of the Patient’s application.
5.14 In case of impossibility of providing the Services (part of the Services) due to the Patient not appearing for an appointment with a doctor or for another medical procedure, the Patient’s refusal to receive the Services further, the Patient’s violation of the terms of this Agreement and (or) the Rules, the Contractor shall return to the Patient the prepayment amount paid by him with deducting the actually incurred costs and the costs of manufacturing (ordering) medical structures for the Patient within three working days from the moment the Patient submits the relevant application.
5.15 The patient does not have the right to refuse to pay for the agreed and actually provided Services.
5.16 In all cases when the cost of the Services provided to the Patient is not directly determined by the Treatment Plan, including when the Services defined in the Treatment Plan are not provided in full, the cost of such Services (parts of the Services) is determined in accordance with the Contractor’s current tariffs.
5.17 The total cost of Services under this Agreement is determined by the total cost of all Services provided to the Patient.
5.18 The terms of this section regarding the payment of Services do not apply to cases of providing patients with medical services that are paid for by insurers in accordance with voluntary health insurance contracts or by other third parties. Any medical services under this Agreement may be paid by a third party on the basis of a separate agreement between the third party and the Contractor.
6. PROCEDURE FOR RECEIVING SERVICES
6.1 The acceptance and transfer of the provided Services is carried out verbally or at the request of the Contractor or the Patient by drawing up the Act of acceptance and transfer of the provided services (hereinafter – the Act), which is drawn up by the Contractor in two copies and given to the Patient for signing.
6.2 The patient must sign both copies of the Act or provide a written, motivated refusal to sign it.
6.3 In the event that the Patient has not provided a written, motivated refusal to sign the Act, the Service is deemed to have been properly provided by the Contractor and properly accepted by the Patient.
6.4 If there is a written, motivated refusal to sign the Act, the Executor shall review such refusal within 14 (fourteen) calendar days and notify the Patient in writing of the results of the review.
6.5 If the Patient is provided with several Services, the Contractor has the right to draw up one Act in two copies, in which the entire list of Services provided shall be indicated.
7. RIGHTS OF THE PARTIES
7.1 The patient has the right to:
7.1.1 Join this Agreement on the terms proposed by the Contractor.
7.1.2 Before ordering medical services, receive complete information about the medical services provided by the Contractor.
7.1.3 Agree with the Contractor on the estimated cost of the Services by signing the Treatment Plan.
7.1.4 Receive Services of appropriate quality.
7.1.5 To receive reliable and complete information about the state of his health, including getting acquainted with the relevant medical documents related to his health, which are kept by the Contractor.
7.1.6 To receive reliable and complete information about contraindications, possible complications and risks (including for life and health), a forecast of the possible development of the disease during the provision of Services.
7.1.7 Choose a method of treatment in accordance with the recommendations of the attending physician, if the doctor has determined several options for the treatment plan, having previously familiarized himself with the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, and possible complications.
7.1.8 Demand replacement of the attending physician.
7.1.9 In case of a change in the course of treatment of the Treatment Plan and the preliminary estimated cost of the Services, the Patient has the right to choose:
(1) agree to the new/additional Treatment Plan and agree on its cost;
(2) refuse the proposed changes and continue the treatment on the previously agreed terms;
(3) terminate the Agreement and make payments for the Services actually provided.
7.1.10 Confidentiality of his state of health, the fact of seeking medical help, diagnosis, as well as information obtained during his medical examination.
7.1.11 To eliminate the shortcomings of the provided Service during the warranty period.
7.1.12 Contact the Contractor with suggestions, statements, feedback, etc. regarding the Services provided.
7.1.13 Refuse to receive the Service (a part of the Service) at any time during the validity of the Agreement, having previously paid all the services actually provided at the time of refusal.
7.2 The contractor has the right to:
7.2.1 Make changes to this Agreement, as well as to the list of Services, change the price of each Service.
7.2.2 To conduct promotions, provide discounts and additional benefits on the Services.
7.2.3 Receive payment for the Services provided in the manner provided for in this Agreement.
7.2.4 Receive, store and use information about the Patient in accordance with the requirements of the legislation of Ukraine on the protection of personal data.
7.2.5 If necessary, upon prior agreement with the Patient, make changes to the Treatment Plan.
7.2.6 Independently determine and appoint medical workers who will provide Services to the Patient.
7.2.7 In the event of emergencies, unforeseen situations or complications during medical interventions, independently determine the scope of all necessary and possible measures to eliminate them.
7.2.8 To provide incomplete information about the Patient’s state of health, to limit his access to individual medical documents in the event that information about the Patient’s illness may worsen his state of health or harm the treatment process.
7.2.9 Make audio recordings of telephone conversations with the Patient.
7.2.10 Take photo and/or video recording of the process of providing the Services and further use the depersonalized results of such recording for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
7.2.11 To postpone the visit in case of unforeseen absence of the doctor or to appoint another doctor to carry out the treatment with the consent of the Patient.
7.2.12 In case of lateness of the Patient, unilaterally change the period of provision of Services or cancel the provision of such Services.
7.2.13 Refer the Patient to other specialized medical specialists, including to another health care institution, in order to clarify the diagnosis and choose the optimal treatment plan.
7.2.14 Do not start (or suspend) the provision of Services in the following cases:
(1) the Patient’s refusal to sign informed consents, fill out anamnesis (health questionnaires);
(2) in the event of arrears from the Patient for payment of Services (until the time of full repayment of such arrears);
(3) detection in the Patient during the examination of a disease (pathology), the treatment of which is not possible in the Institution due to license restrictions, the qualification of medical personnel or technical equipment, or in the case of the Patient’s refusal to treat such a pathology, if this makes it impossible to provide Services under the Treatment Plan;
(4) the Patient’s being in a state of alcohol or drug intoxication or in another painful condition, which prevents the provision of quality Services;
(5) non-arrival of the Patient on the set date and time to receive the relevant Services.
7.2.15 Refuse to provide Services at any time (provided that such refusal does not endanger the life of the Patient) in the following cases:
(1) provision by the Patient of incomplete and/or inaccurate data about his/her identity and/or state of health;
(2) the presence of medical contraindications to undergoing treatment by methods that were determined by the Parties;
(3) the Patient’s refusal to undergo an examination necessary for further treatment;
(4) in the event that the Patient insists on the use of medicinal products or the use of diagnostic and treatment methods that are not permitted for use on the territory of Ukraine;
(5) non-compliance by the Patient with the prescriptions or treatment schedule established by the attending physician;
(6) violation by the Patient of the Rules of stay and service of patients in the Institution.
8. OBLIGATIONS OF THE PARTIES
8.1 The patient is obliged to:
8.1.1 Before concluding the Agreement, familiarize yourself with the Contractor’s tariffs, Rules, warranty obligations.
8.1.2 Arrive at the Institution on time on the date and time of providing the Services.
8.1.3 Notify the Institution in advance about the objective impossibility of appearing for the appointment or procedures.
8.1.4 When staying on the territory of the Institution, strictly follow the Rules of the Contractor.
8.1.5 Before starting the provision of Services, notify the attending physician of the entire list of medications used by the Patient, as well as all known diseases, defects, allergic or specific reactions to medications and food products, and other relevant information about the patient’s state of health.
8.1.6 Accurately and timely follow the oral or written prescriptions and recommendations of the attending physician, adhere to the Treatment Plan, appear on time for scheduled additional examinations, control and preventive examinations.
8.1.7 Provide originals or copies of documents containing information about your health, which are necessary for the Institution to provide Services.
8.1.8 Notify the attending physician about the improvement or deterioration of well-being, appearance or disappearance of symptoms and other information about changes in the state of health during the period of treatment.
8.1.9 Accept the provided Services of appropriate quality and sign the Acts.
8.1.10 To pay the cost of the Services in the manner and under the conditions specified in this Agreement.
8.1.11 To pay the cost of non-agreed additional Services that were provided by the Contractor in order to avoid negative consequences for the Patient’s life or health.
8.1.12 To sign informed consents for diagnosis, treatment and analgesia, questionnaires of the Performer.
8.1.13 To comply with the rules of operation of the installed medical structures, in the event of their breakdown (regardless of the reasons for this), the occurrence of complications – within 24 hours, and if possible – immediately notify the Contractor.
8.2 The contractor is obliged to:
8.2.1 At the time agreed upon with the Patient, conduct an initial examination of the Patient to establish a preliminary diagnosis, the amount of necessary treatment, calculate the cost of treatment and inform the Patient about the results.
8.2.2 If additional methods of examination are necessary for the purpose of establishing a final diagnosis, conduct them, and if there are no opportunities for this, inform the Patient and refer him to another health care institution or specialized medical specialist for examination.
8.2.3 Provide Services of appropriate quality in accordance with the final diagnosis, Treatment Plan and cost calculation agreed upon by the Parties.
8.2.4 Provide the Patient with all necessary Services provided for in the Agreement and the agreed Treatment Plan.
8.2.5 Create proper and safe conditions for the Patient’s stay in the Institution.
8.2.6 Provide the most painless and rational methods of treatment in accordance with medical indications.
8.2.7 Inform the Patient about circumstances that may arise and lead to an increase in the scope of the provision of Services, about possible risks and complications that may arise during the provision of Services.
8.2.8 In case of changes in the treatment process, agree with the Patient on an additional or new Treatment Plan and its estimated cost.
8.2.9 Provide the Patient with medical appointments and recommendations after providing the Service.
8.2.10 At the request of the Patient, provide information about the Contractor’s mode of operation, conditions and procedure for providing Services.
8.2.11 After the end of the treatment, at the request of the Patient, provide an extract from the medical card, copies of examination results, certificates, digital media as agreed, etc.
8.2.12 To observe the absolute confidentiality of information about the state of health, the results of medical examinations and reviews, the intimate and family aspects of the Patient’s life.
8.2.13 Use medicines and medical products approved for use in Ukraine.
8.2.14 Maintain and store medical documentation and reporting in accordance with the requirements of Ukrainian legislation.
9. QUALITY OF SERVICES
9.1 Services are provided by medical workers of the Institution who have appropriate special education and meet the uniform qualification requirements in accordance with the legislation of Ukraine. Certain types of Services may be provided by different medical specialists of the Contractor.
9.2 Services are provided in accordance with industry standards in the field of health care and/or medical care protocols approved by the Ministry of Health of Ukraine.
9.3 The quality of the provided Services must meet the requirements of the legislation of Ukraine.
9.4 Services must be safe for the health of the Patient.
9.5 Quality control of the provision of medical care is carried out in the cases, in the order and within the time limits stipulated by the legislation of Ukraine.
10. TERMS OF WARRANTY SERVICE
10.1 The Contractor guarantees the quality of the Services provided. The guarantee is provided for those types of Services, the list of which is approved by the Contractor. Information about the Contractor’s warranty obligations is contained in the Consumer’s Corner.
10.2 In cases where, upon approval of the Treatment Plan, the Patient insists on the use of medical interventions, the positive results of which are very doubtful or the effect of their use will not be sustainable, as well as when the Patient wishes to satisfy non-standard aesthetic preferences, the warranty obligations are not drawn up, and the Patient writes a written statement about the waiver of warranty obligations and information about possible negative consequences.
10.3 All defects, deficiencies and other shortcomings of the Services that are discovered by the Patient during the warranty period are eliminated by the Contractor free of charge within the period agreed by the Parties, provided that:
10.3.1 compliance by the Patient with all the doctor’s recommendations, including dietary restrictions and compliance with oral hygiene;
10.3.2 compliance by the Patient with the rules for using the result of the Services, including orthopedic, orthodontic construction, restored tooth, etc., absence of injuries, mechanical damage;
10.3.2 the Patient’s timely appearance at an appointment to continue treatment;
10.3.3 visits by the Patient to scheduled control examinations;
10.3.5 immediate, no later than three days from the moment of detection of deficiencies, the Patient’s appeal to the Institution to eliminate the identified deficiencies.
10.4 If the Patient fails to comply with any of the conditions stipulated in the previous clause, the Contractor’s warranty obligations are terminated and the Patient loses the right to make claims related to the shortcomings of the Services provided during the warranty period.
10.5 The warranty does not cover normal wear and tear or damage caused by abnormal or misuse, negligence or accident.
11. PERSONAL DATA OF THE PATIENT
11.1 By joining this contract, the Patient gives consent to the Contractor for the collection, processing and use of the Patient’s personal data in the scope and in the manner provided by the current legislation of Ukraine, as well as for entering his personal data into the Contractor’s local information system.
11.2 The processing of personal data under this Agreement is necessary exclusively for the purposes of health protection, establishing a medical diagnosis, to provide treatment or provide medical services.
11.3 The Contractor undertakes to ensure the confidentiality and security of the Patient’s personal data during their processing. The Contractor’s employees process the Patient’s personal data exclusively in connection with the performance of their professional duties and undertake not to allow the disclosure of personal data that was entrusted to them or became known in connection with the performance of professional, official and labor duties .
11.4 The Patient consents to the use by the Contractor of the contact data provided by him for the purpose of informing the Patient and communicating with the Patient; to send messages of a medical, informational and (or) advertising nature; sending messages, the text of which may contain personal and confidential information about the Patient. At the written request of the Patient, the contact details of the latter are excluded from the list of recipients for informational and advertising messages.
12. CONFIDENTIALITY
12.1 Information about the fact of the Patient seeking medical help, the established diagnosis, the list of Services provided, as well as other information which, according to current legislation, is confidential information (information with limited access) is recognized as confidential under this Agreement.
12.2 The Parties undertake to maintain the confidentiality of information received during the Parties’ implementation of the provisions of this Agreement.
12.3 The parties agree that the confidentiality obligations provided for in this section are perpetual in nature and will remain in effect after the expiration of this Agreement.
13. RESPONSIBILITY OF THE PARTIES
13.1 The Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and this Agreement.
13.2 The patient is responsible for the reliability of the information provided regarding his health, the fulfillment of the doctor’s recommendations, and the timely payment of the provided Services.
13.3 The Contractor is responsible for the quality and safety of the Services provided.
13.4 In the case of detection of deficiencies (deviations) in the quality of medical care based on the results of a clinical expert assessment, the Contractor undertakes to pay a fine in the amount of 50% (fifty percent) of the cost of poorly rendered Services.
13.5 If the Patient is late for more than one hour or if the Patient does not appear at the place of provision of Services on the date and time of provision of Services agreed upon by the Parties, the Patient shall pay the Contractor a fine of 30% (thirty percent) of the cost of the Services not received at such visit.
13.6 In the event of a delay in payment for the Services provided, the Contractor has the right to demand from the Patient the payment of a penalty in the amount of twice the accounting rate of the National Bank of Ukraine from the amount of the actual debt for each day of delay, and for a delay of more than 30 (thirty) days – to additionally demand from the Patient the payment of a fine in the amount of amount owed.
13.7 It is not an indicator of inadequate quality of the Services provided by the Contractor:
13.7.1 complications and other side effects of the intervention, which arose as a result of the biological features of the Patient’s body and the probability of which the existing knowledge and technologies cannot completely exclude, if the Services are provided in compliance with all the necessary actions and conditions that apply to services of this type;
13.7.2 possible discomfort, which is caused by the specificity of medical methods and is a consequence of the body’s reaction to the physical and chemical effects of the drugs, which pass within a reasonable period of time and about which the Patient was informed in advance by the attending physician;
13.7.3 complications that occurred after the provision of Services in case of gross non-observance (violation) by the Patient of the recommendations given by the attending physician.
13.8 The Contractor is released from responsibility for the result of the Services provided and for damage caused to the Patient’s health in the following cases:
13.8.1 non-compliance by the Patient with the appointments and recommendations of the attending physician, the Treatment Plan;
13.8.2 non-appearance or late appearance of the Patient for scheduled appointments or control medical examinations;
13.8.3 the Patient’s refusal to continue treatment and/or early termination of the Agreement;
13.8.4 non-reporting, untimely reporting by the Patient of essential information about his state of health (anamnesis), existing bad habits or reporting of knowingly false information;
13.8.5 receiving medical care at other health care facilities or from other medical specialists;
13.8.6 untimely notification by the patient to the doctor about complications that arose during the Agreement;
13.8.7 use of medicines and medical products of inadequate quality or those not prescribed by the Contractor’s doctors;
13.8.8 occurrence of allergy or rejection of medical preparations or materials approved for use;
13.8.9 the development of diseases or pathologies that are not related to the provision of services under this Agreement.
13.9 The patient is informed that modern medicine is not an exact science, so diagnosis and treatment cannot guarantee an accurate and positive effect. The patient is aware that due to the limited capabilities of modern medicine, the complexity of diagnosing and treating certain diseases, the individuality and uniqueness of each patient’s organism, the Services offered by the Provider may not bring the expected result or even cause the deterioration of the patient’s health, the occurrence of atypical reactions and complications that are not taken into account in industry medical standards (protocols) and are not described in special literature.
14. CIRCUMSTANCES OF FORCE MAJEURE
14.1 The Contractor is released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose beyond the control of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, war, military actions, civil unrest, strike, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, interruptions in the supply of natural gas or drinking water, breakdown of equipment or equipment, temporary incapacity of doctors or other medical personnel of the Contractor, etc.) .
14.2 The patient is released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose beyond the control of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, war, military actions, public disturbances, strikes, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions).
14.3 The Party that is unable to fulfill its obligations under this Agreement as a result of force majeure must notify the other Party no later than within 3 (three) calendar days from the moment of their occurrence.
14.4 The patient independently decides to stop the reception and immediately evacuate the building during an air alarm. The Contractor is not responsible for non-fulfillment or improper fulfillment of obligations, if the Patient stops the reception during the air alarm, and the Contractor is forced to stop the treatment.
15. DISPUTE RESOLUTION PROCEDURE
15.1 In the event of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations.
15.2 In the event that the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the legislation of Ukraine.
16. TERM OF THE AGREEMENT AND OTHER TERMS
16.1 This Agreement enters into force from the date of conclusion and is valid indefinitely, until its termination by any of the Parties in accordance with the procedure established by the Agreement.
16.2 The confidentiality provisions specified in this Agreement are valid indefinitely.
16.3 All terms for the provision of Services during the execution of the Treatment Plan are approximate and may change depending on the Patient’s state of health and other objective or subjective circumstances.
16.4 This Agreement may be prematurely terminated in the following cases:
16.4.1 By mutual agreement of the Parties, by concluding an Additional Agreement on termination of the Agreement.
16.4.2 At the initiative of the Patient by submitting a written statement to the Contractor no later than 10 days before the expected date of termination of the Agreement. The contract is considered terminated from the date specified in the application.
16.4.3 At the initiative of the Contractor in cases of violation by the Patient of the terms of the Agreement and (or) the Rules, provided that all necessary actions are taken to prevent any deterioration of the Patient’s health in connection with such a refusal. The executor informs in writing
16.4.4 The patient about the reasons for the cancellation of the Agreement and the date from which the Agreement will be considered terminated. In the absence of contact with the Patient, the notice of termination of the Agreement is sent by letter to the address specified in the Agreement. The contract is terminated from the date specified in the notification of the Executor.
16.5 The parties unconditionally agree to consider the Patient’s details to be the information specified by him when drawing up the Treatment Plan and the medical card.
16.6 The patient understands and agrees that all information posted on the Contractor’s Internet resources is for informational and advisory purposes only and cannot be interpreted as medical information and as an indication for its application in relation to the patient.
16.7 The rules for the stay and service of patients in the Institution, current tariffs for medical services and the Contractor’s warranty obligations are approved by the Contractor and posted on the website, as well as in the Consumer Corner of the Institution, and are made available for review at the first request of the Patient.
16.8 On all documents related to the conclusion and execution of this Agreement, which require the Patient to sign them, the Patient must write his last name and initials in his own hand along with the signature.
17. DETAILS OF THE PERFORMER
LIMITED LIABILITY COMPANY
“CHIBIS S”
Legal entity code 36858353
04119, Kyiv, str. Zoological, bldg. 6, railway station 46A
P/R 2600201629998
tel. +38 (044) 228 81 76, +38 (066) 766-14-11
e-mail: 4830367@gmail.com
Director Lyudmila Viktorivna Voronetska