Public contract (offer) for the provision of paid medical services in the medical center of the PE «CLINIC MEDICOM»

1. Fundamental provisions

Guided by Art. 633 and Art. 641 of the Civil Code of Ukraine, the medical center of PP «Clinic Medicom», hereinafter referred to as «Executor», is addressed to a natural person, hereinafter referred to as «Patient», collectively referred to hereinafter as «Parties», to enter into an official, public and irrevocable contract for the provision medical services under the following conditions:

• Terminology:

Services are the list of medical and other related services, provided by the Executor in the manner and conditions of designated by this Contract and Price about providing medical services approved by decree of the Director.

A public offer is an offer by the Executor, posted on the Executor's website, and addressed to an unlimited number of natural persons to enter into this Agreement under certain conditions.

The Executor's website is a web page on the Internet at https://medikom.ua/, which is the official source of informing Patients about the Executor and the services provided to them.

Acceptance is full, unconditional, and unconditional acceptance by the Patient or his/her Legal representative of the terms of the Public Offer, in the form of this Agreement. Acceptance is carried out by the Patient (his legal representative) by filling out, signing, and transferring his personal data to the Executor in a text document (questionnaire), a copy of which is located at the place of service provision by the Executor.

The executor is the medical center «Clinic Medicom», which carries out its activities based on the license of the Ministry of Health of Ukraine, series AE No. 571644 dated November 27, 2014.

The patient is a person, who accepted the Public Offer of the Executor set out in this Contract, and signed a questionnaire personally or on behalf of his legal representative.

A legal representative is a natural person (father, mother, adoptive parent, guardian) who acts in the event that the patient is a minor (up to 14 years old), a minor (from 14 to 18 years old), or a person whose civil capacity is limited by a court decision.

The parties are the Patient (his legal representative) and the Executor.

2. The subject of the contract

This Contact is a public contract (hereinafter referred to as the Agreement), which is considered concluded between the Executer, on the one hand, and the Patient (Legal Representative), on the other hand, from the moment of Acceptance by the latter without exception of the terms and conditions of this Contract.

In accordance with the procedure and conditions specified in this Contract, the Executor undertakes to provide services to the Patient, and the Patient (Legal Representative) undertakes to accept and pay for them.

Acceptance by the Patient (or his legal representative) of the terms of this Public Offer Agreement is the act of consent to comply with the terms of this Agreement.

Services are provided at the following Executor's addresses:

• Ukraine, Kyiv, Volodymyr Ivasyuk Avenue, 6-D (Heroiv Stalingradu Avenue, 6-D);
• Ukraine, Kyiv, Vasyla Tyutyunnika Street, 37/1;
• Ukraine, Kyiv, Obolons`ka Naberezhna Street, 9.

Services are provided during the Executor's workday, which is mentioned on the Executor's site or in the reception.

3. Rights and obligations of parties

3.1. Rights of the Patient (his legal representative):

3.1.1. To receive medical services and consultations of appropriate quality.

3.1.2. Receive reliable and complete information about the Patient state of health, about his/her physical and psychical state of health, including getting acquainted with appropriate medical documents which refer to the Patient's health and saved on Executor.

3.1.3. To receive reliable and complete information about contraindications, possible complications, and health risks, as well as to be informed about the prognosis of the possible development of the disease when providing medical services to the Patient.

3.1.4. To have the right to keep confidential the Patient's state of health, the initial fact of seeking medical help, the diagnosis, as well as the information obtained during his medical examination.

3.1.5. To demand a change of doctor.

3.1.6. On informed consent for the use of methods of diagnosis, prevention, and treatment.

3.1.7. For an individual approach to treatment.

3.1.8. To refuse treatment.

3.1.9. To appeal against illegal decisions and actions by the executive.

3.2. Obligations of the Patient (his legal representative):

3.2.1. Provide complete and reliable information necessary to identify the Patient, including filling out a questionnaire, medical record, etc.

3.2.2. Provide originals or copies of documents containing information about the Patient's health, necessary for the Executor to provide medical services.

3.2.3. Familiarize yourself with the Price before receiving medical services. Pay for the cost of medical services in the manner and on the terms determined by this Agreement.

3.2.4. Strictly observe oral and written prescriptions and recommendations of doctors.

3.2.5. Inform the Executor prior to the provision of medical services about the known list of medicines used by the Patient, as well as about all known diseases, defects, allergic or specific reactions to medicines and food, and other significant information about the Patient's health status.

3.2.6. In case of violation or impossibility of compliance by the Patient with the treatment plan, immediately inform the Executor.

3.2.7. Report to the Executor about the improvement/deterioration of well-being, the appearance/disappearance of symptoms, as well as other information about changes in the Patient's health status within 3 (three) hours from the start of the changes.

3.2.8. Immediately (within 24 hours from the date of receipt of medical services) notify the Executor of any discrepancies and shortcomings in the receipt of medical services by contacting the Executor with a complaint addressed to the head of the unit in which medical services were provided.

3.2.9. Be present when receiving medical services, accompanied by your legal representative.

3.3. Rights of the Executor:

3.3.1. Check the given information by the Patient (legal representative), also the execution of the Executor by the Patient.

3.3.2. If the Patient is late for more than 15 minutes, unilaterally change the term for the provision of medical services or cancel the provision of such medical services.

3.3.3. To convene a council or involve third parties with the necessary qualifications to provide medical services.

3.3.4. Require the Patient (Legal Representative) to comply with the terms of this Agreement.

3.3.5. Suspend the provision of services to the Patient for the period of verification of the fulfillment by the Patient (Legal representative) of the terms of the Agreement, in case of occurrence or reasonable doubts about their proper performance or violation by the Patient (Legal representative) of the terms of this agreement.

3.3.6. Deny the Patient the provision of medical services by redirecting the Patient to a specialized medical facility. The reason for this decision is stated in writing and communicated to the Patient (Legal Representative).

3.3.7. Deny the Patient (legal representative) the provision of services and terminate this Agreement unilaterally, if the Patient fails to fulfill his obligations under this Agreement.

3.3.8. Provide medical services in accordance with clinical protocols, recommendations, and regulations approved by the Ministry of Health of Ukraine and internal documents of the Executor.

3.3.9. Provide medical services in conditions requiring urgent medical intervention to save the life of the Patient in his unconscious state and in the absence of close relatives nearby. The issue of urgent medical intervention is decided by the council, and if it is impossible to collect it, by the attending or on-call doctor, who is subsequently obliged to inform the Executor about this.

3.3.10. Conduct promotions, provide discounts, implement special bonus programs, etc. in accordance with the procedure provided by the current legislation of Ukraine.

3.4. Executor's Responsibilities:

3.4.1. Provide services to the Patient subject to the provisions of the Law of Ukraine «On the Protection of Personal Data», the principles of storage and non-disclosure of medical secrets and confidential information. In this regard, consulting Patients by phone, e-mail, and other means of communication is prohibited. An exception is the online consultation service ordered by the patient himself.

3.4.2. Provide the Patient with the opportunity to receive services of appropriate quality in accordance with the provisions of this Agreement and the norms of the current legislation of Ukraine.

3.4.3. Provide the Patient (legal representative) with the opportunity to receive information on the provision of services and promotional offers.

4. Contract price and payment procedure

4.1. The cost of medical services is determined in accordance with the Price for the provision of medical services, approved by the Contractor located on the site, as well as by the administrator at the reception.

4.2. The price of this Agreement is determined as the number of medical services provided by the Contractor to the Patient and accepted by him (Legal representative).

The cost of some manipulations and operations depends on the complexity of the disease and in each particular case can be calculated individually. Anesthesia is also selected taking into account the general state of health, age, and individual characteristics of the patient's body. Therefore, the full and exact cost of treatment can only be announced by the attending physician immediately after the consultation.

4.3. Payment for the provided medical services is made by the Patient (Legal representative) on the day of the actual provision of the medical service or by advance payment.

5. Order of reception – transfer of service

5.1 The services provided by medical workers of the Executor, which have a special medicine diploma and meet the one qualified requirements approved by the Order of the Ministry of Health of Ukraine No. 195 dated 12.25.1992; Order of the Ministry of Health of Ukraine No. 117 of March 29, 2002.

5.2. Services are provided to the Patient by appointment. The provision of medical services out of turn is possible only in cases where there is no prior appointment with other patients now. The date and time of the provision of each medical service are discussed between the Executor and the Patient (Legal representative) orally by phone or at reception.

5.3. Payment for services is made by the Patient by depositing cash or using a bank payment card through the Executor's cash desk, or by bank transfer by transferring funds to the Executor's settlement account.

5.4. The services provided under this Agreement may be paid for by the Patient by another individual or legal entity.

5.5. The Executor has the right to unilaterally revise the prices for services provided under this Agreement and introduce additional services using new methods. Changes to the Price are posted on the Executor's website and at the reception administrator. The patient must familiarize himself with the Price before receiving services.

6. Disputes resolution

6.1. All disputes or disagreements arising during the period of this Contract, the Parties shall resolve through negotiations in order to resolve disputes in a pre-trial order.

6.2. If it is impossible to resolve such disputes, and disagreements through negotiations, such disputes are resolved in court in accordance with the current legislation of Ukraine.

7. Additional provision

7.1. The Executor reserves the right to unilaterally amend the Contract.

7.2. All changes to this Contract are approved by the relevant order of the General Director of the Executor, published on the Executor's website, and come into force from the moment of publication on the website.

7.3. The Patient is considered informed about the changes made to the Agreement from the moment they are published on the Executor’s website. The changes made to the Contract apply to all patients and their legal representatives.

8. Responsibilities of the Parties

8.1. The parties bear the responsibility provided by the current legislation of Ukraine.

8.2. The Parties shall not be liable for the violation of their obligations under this Contract; if it occurred through no fault of theirs. A Party is considered innocent if it proves that it has taken all measures dependent on it for the proper implementation of the Contract.

8.3. The Executor shall not be liable for failure to fulfill obligations under this Contract if this was due to force majeure circumstances (force majeure). Force majeure circumstances are understood as fires, earthquakes, other natural phenomena, natural disasters, hostilities, adoption of legislative acts, and other circumstances independent of the Executor, excluding the timely, full and proper performance by the Executor of its obligations under the Contract.

8.4. The Executor shall not be liable in case of complications in the Patient or for harm caused to the life and health of the Patient as a result of:

— non-fulfillment by the Patient (Legal representative) of the obligations provided for in subparagraphs 3.2.4. - 3.2.7. of this Agreement, including prescriptions and recommendations of doctors, treatment plans, etc.;

— non-notification by the Patient (Legal representative) of essential information about the state of health of the Patient;

— use of medicines and medical products of inadequate quality or not prescribed by the Executor's doctors;

— development of diseases or pathologies not related to the provision of medical services under this Contract;

— the onset of side effects from the use of medicines and preparations, the possibility of which the manufacturer of such medicines and preparations indicated in the annotations to them;

— receiving medical care from third parties, including specialists from another medical institution, in case of compliance with clause 3.3.6 of this Contract.

8.5. The Executor is not responsible for the quality of laboratory tests if the quality of the biological material transferred by the Patient for laboratory tests does not meet the requirements set by the Executor in accordance with medical standards and the rules for preparing the Patient for laboratory tests.

8.6. The Patient is obliged to fully compensate the Executor for the damage incurred by him if the Medical Center PE «Clinic Medicom» was unable to provide medical services or was forced to stop them due to the fault of the Patient.

8.7. The liability of the Contractor to the Patient (Legal representative), in the event that they present claims/claims for damages and compensation for moral damage as a result of failure to provide and/or provision of services of inadequate quality, confirmed by the opinion of the doctor, are reimbursed solely within the cost of the relevant service paid by the Patient (legal representative).

9. Contract Termination

9.1. The Contract can be terminated by the agreement of the parties.

9.2. The Contract can be terminated unilaterally with mandatory reimbursement of the costs actually incurred by the parties in case of non-fulfillment of contractual obligations by one of the Parties.

10. Privacy Terms

10.1. In accordance with the Privacy and Personal Data Protection Policy approved by the General Director of the Contractor, as well as on the basis of the Civil Code of Ukraine, the Laws of Ukraine, «On Information», «On the Protection of Personal Data», «Fundamentals of Ukrainian Legislation on Health Care», in order to prevent leakage and disclosure of confidential information, medical secrets, the Contractor undertakes not to disclose information that became (may become) known to him during the execution of this Contract.

10.2. The parties agreed to keep a record of telephone conversations and the possibility of referring to them in case of disputes, as well as in the settlement of conflict situations.

10.3. The Contractor is not responsible for the disclosure of information provided by the Patient when using the Contractor's website; if such disclosure occurred due to circumstances that did not depend on the will of the Contractor and could not be warned by him (as a result of hacker attacks, interception of information data, placement of personal data patient on external information resources, websites, e-mail, etc.).

11. Final Provisions

11.1. By accepting this Contract, the Patient (Legal Representative) automatically agrees to the full and unconditional acceptance of the provisions of the Contract approved by the Executor and published on the Executor’s website.

11.2. By signing and filling out the questionnaire, the Patient (Legal representative) gives permission for the collection, processing, and use of personal data specified in the Questionnaire for purposes related to the provision of services within the limits determined by the current Law of Ukraine «On the Protection of Personal Data» No. 2297-VI dated 01.06 .2010.

11.3. The Parties guarantee the correctness of the details specified by them in the Contract and undertake to promptly notify the other Party of their change.

11.4. The Contract is drawn up with full understanding by the Parties of its terms and terminology.