1.GENERAL PROVISIONS.
Limited Liability Company “CLINIC 311” (hereinafter – “Executive” and/or “Medical Center”), guided by Articles 633 and 641 of the Civil Code of Ukraine, addresses the consumer/individual (hereinafter – “Patient”) and ( if available) to the legal representative of the patient (hereinafter referred to as the “Legal Representative (of the patient)”), collectively referred to as the “Parties”, to enter into an official and public contract for the provision of medical services under the conditions specified below.
Basic definitions:
Services – a list of medical and other related services provided by the Contractor in the manner and under the conditions specified by this Agreement and the Price for the provision of medical services, and include: treatment (therapeutic and surgical), diagnostic, preventive measures, or separate examinations of the Patient with the issuance of conclusions or other documents, dispensary examinations and examinations.
A public offer is an offer by the Contractor, posted on his website, addressed to an unlimited number of natural persons to enter into an Agreement under certain conditions.
The Contractor’s website is a web page on the Internet at the address https://valikhnovskimd.com/, which is the official source of information for Patients and/or their legal representatives about the Contractor and the services provided by him.
Acceptance is full, unconditional and unconditional acceptance by the Patient and/or his legal representative of the terms of the Public Offer, in the form of this Agreement. Acceptance is carried out by the Patient and/or his legal representative filling out, signing and transferring his personal data to the Contractor in a text document (questionnaire), a copy of which is located at the place of service provision by the Contractor.
The executor is “CLINICA 311” Limited Liability Company, which carries out its activities on the basis of the license of the Ministry of Health of Ukraine to conduct business activities in medical practice, series AE No. 571848 dated 12.18.2014.
A patient is a natural person (consumer) who accepted the Contractor’s Public Offer set forth in this Agreement and signed the questionnaire personally or through his legal representative.
The parties are the Patient and/or his Legal Representative and the Executor.
2.SUBJECT OF THE AGREEMENT.
2.1. This Agreement is a public agreement (hereinafter – the Agreement), which is considered concluded between the Contractor, on the one hand, and the Patient and/or his Legal Representative, on the other hand, from the moment of Acceptance by the Patient and/or his Legal Representative of all the terms and conditions of the Agreement without exception .
2.2. In accordance with the procedure and conditions specified in the Agreement, the Contractor undertakes to provide services to the Patient, and the Patient and/or his Legal Representative undertakes to accept them and pay for the services in a timely manner and in full.
2.3. The provision of medical services is carried out by the staff of the Contractor’s Medical Center in accordance with the approved standards of the Ministry of Health of Ukraine, using the appropriate certified equipment and approved medical devices and materials, and in some cases with the involvement of medical specialists from other medical institutions and organizations or privately practicing doctors.
2.4. Medical services are provided at the Medical Center both on an outpatient and inpatient basis, and if necessary, around the clock.
2.5. The scope and terms of providing medical services (operation) are determined in accordance with the general state of health of the Patient, temporary contraindications, and the technical capabilities of the Medical Center.
2.6. The provision of medical services by the Contractor is carried out in accordance with the terms of the Agreement and the Rules, which the Representative and/or his Legal Representative familiarizes himself with before concluding the Agreement.
2.7. Acceptance by the Patient and/or his/her legal representative of the terms of the Public Offer Agreement is the act of consent to comply with the terms of the Agreement.
2.8. Services are provided at the Contractor’s address: Ukraine, Kyiv, st. Protasiv Yar, 23.
2.9. Services are provided during the Contractor’s working hours, specified on the Contractor’s website or at the reception desk.
3.PROCEDURE AND TERMS OF PROVISION OF SERVICES
3.1. In order to establish a medical diagnosis and preliminary determination of the Treatment Plan, the Executor provides consultations to the Patient and/or his Legal Representative. If, in the course of providing consultations, there is a need to provide specific medical services, manipulations, and conduct clinical diagnostic studies in order to establish (clarify) the Patient’s diagnosis, such services are ordered and paid for on the day of ordering such services.
3.2. The Agreement specifies the date of the Patient’s examination, the date of providing medical services, and the preliminary period of the Patient’s inpatient treatment.
3.3. The preliminary diagnosis is established on the basis of the anamnesis collected during the Patient’s application for medical assistance (service) and the results of the initial diagnostic examination.
3.4. The date of provision of medical services may be postponed by agreement of the parties, in case of non-arrival of the Patient at the specified time to the Medical Center or in case of contraindications to the provision of medical services to the Patient.
3.5. In case of surgical intervention, the Medical Center carries out postoperative examinations of the Patient according to the following preliminary schedule:
3.5.1. during the first week after surgery – daily;
3.5.2. during the second week after surgery – once every two days;
3.5.3. during the third and fourth weeks after surgery – once a week;
3.5.4. from the second to the sixth month after surgery – once a month.
The schedule of postoperative examinations may vary depending on the degree of severity of the surgical intervention performed and the speed of the Patient’s recovery, as well as on the condition of the Patient’s arrival at the Medical Center.
4.RIGHTS AND OBLIGATIONS OF THE PARTIES.
4.1. Patient rights:
4.1.1. To receive medical and other services on the terms and to the extent stipulated in this Agreement.
4.2. Rights of the Patient and/or his legal representative:
4.2.1. Get information about the Patient’s health, the purpose of the proposed research and treatment measures, the prognosis of the treatment results.
4.2.2. Get information about the Contractor and his mode of operation.
4.2.3. Upon written application, refuse to receive medical (other) services in the postoperative period.
4.2.4. Familiarize yourself with the Rules of the Medical Center and tariffs for medical services.
4.2.5. No later than 3 (three) calendar days before the date of provision of medical services (operation) to postpone the date of provision of medical services (operation) to the Patient by the Contractor. In this case, the Parties agree on a new date for the provision of medical services (operation).
4.2.6. Specify the authorized persons who have the right of access to information about the condition and prognosis of the Patient’s health.
4.2.7. Agree with the Medical Center on all anticipated basic and additional costs for the Patient’s treatment, diagnosis, rehabilitation and other procedures.
4.2.8. To pay for treatment in parts, subject to agreement with the Contractor’s administration and until the end of medical or other procedures.
4.2.9. Get a preliminary bill before starting treatment, carrying out diagnostic measures, consultations, with the exception of acute or urgent pathology (after examination).
4.2.10. To agree to the use of risky, complex types of medical interventions, as well as new, scientifically based methods of diagnosis, prevention, treatment, and medicines in relation to the Patient, upon prior written agreement.
4.2.11. At the end of the patient’s treatment, receive an extract from his medical history with medical recommendations.
4.3. The patient must:
4.3.1. Strictly follow and properly fulfill medical prescriptions, including refraining from the use of alcohol, tobacco, psychotropic or other powerful substances for the period determined by the doctor before medical intervention.
4.3.2. Do not take medicines not prescribed by the Medical Center and do not use other methods of diagnosis and treatment without notification and written consent of the Medical Center.
4.3.3. Within 48 hours before the date of treatment (operation) and during the time before the Parties sign the Act of acceptance and transfer of the provided medical services – do not consume alcoholic beverages.
4.3.4. Do not leave the Medical Center without the permission of the medical staff during inpatient treatment.
4.3.5. Attend all consultations, tests, additional examinations and examinations prescribed by the Medical Center.
4.4. The patient and/or his legal representative are obliged to:
4.4.1. Agree with the Medical Center on consultations with specialists from other medical institutions and immediately inform the Medical Center about their results.
4.4.2. To appear on time for all consultations, tests, additional examinations and examinations appointed by the Medical Center.
4.4.3. Do not damage the property of the Medical Center.
4.4.4. Not to allow abuse of their rights and not to cause harm to the interests of other persons, including contempt and ignoring the requirements of the medical regime.
4.4.5. Immediately notify the attending physician of all deterioration of the Patient’s health during the entire period of treatment and/or rehabilitation.
4.4.6. Provide the Medical Center with true biographical and address data of both the Patient and his Legal Representative
4.4.7. In a timely manner and in full, provide the Medical Center with reliable information about the Patient’s state of health, the diseases suffered and inherited by the Patient, the Patient’s bad habits, the presence of contraindications to treatment methods and medicines.
4.4.8. To pay the cost of medical services to the Medical Center in the amount, in the order and in the terms agreed between the Parties.
4.4.9. Sign the Act of receiving and handing over the provided medical services after the Patient receives them from the Medical Center.
4.5. The executor has the right to:
4.5.1. Independently determine the scope of medical services provided to the Patient in accordance with the standards approved by the Ministry of Health of Ukraine and the license for medical practice issued by the Ministry of Health of Ukraine.
4.5.2. Entrust the fulfillment of the terms of this Agreement to a third party.
4.5.3. Get paid for services.
4.5.4. Do not start medical intervention for the patient in cases of:
a) detection of a pathology in the Patient during the examination, the treatment of which is not included in the list of permitted types of treatment specified in the license of the Medical Center;
b) lack of proper confirmation of payment for services;
c) non-compliance by the Patient with the appointments and/or treatment schedule set by the attending physician;
d) non-arrival of the Patient and/or his Legal representative on the set date and time for the Patient to receive appropriate medical services.
4.5.5. To prematurely terminate the provision of medical services to the Patient (provided that this does not endanger the Patient’s health or life) in the event of the Patient’s violation of the hospital regime and/or the appointments of the attending physician, including:
4.5.6. Refuse to provide medical services to the Patient upon written refusal of the Patient and/or his legal representative to receive medical services from the Medical Center.
4.5.7. In special cases provided for by the current legislation of Ukraine, limit the provision of medical information to the Patient and/or his Legal Representative.
4.6. The executor is obliged to:
4.6.1. Respect the rights of the Patient.
4.6.2. Determine the attending physician together with the Patient and/or his legal representative.
4.6.3. Ensure the availability of necessary medications during the Patient’s stay in the Medical Center.
4.6.4. Conduct examination and treatment of the patient in accordance with the requirements and standards of the Ministry of Health of Ukraine.
4.6.5. To apply to the Patient methods of diagnosis, prevention, treatment, as well as medicinal products approved by the Ministry of Health of Ukraine.
4.6.6. Carry out surgical intervention only with the written consent of the Patient and/or his Legal Representative.
Note: The Medical Center may perform surgical intervention without the consent of the Patient and/or his Legal Representative in the event that there is a real threat to the Patient’s life.
4.6.7. Provide the Patient and/or his Legal Representative with accessible information about the Patient’s state of health, the prognosis of the possible development of the disease, the essence, safety, cost, timing of all medical interventions, the effectiveness of the selected methods, as well as about possible risks and complications during and after their use.
4.6.8. Maintain medical confidentiality, including information about the fact of contacting the Medical Center, the Patient’s state of health, the results of medical examinations and examinations, medical interventions, as well as the intimate and family aspects of the Patient’s life.
4.6.9. Observe the norms of medical ethics.
4.6.10. Issue invoices in accordance with the prices for medical services established in the Medical Center.
4.6.11. At the written request of the Patient and/or his legal representative, familiarize them with medical information, as well as documentation (medical card and other documents), in accordance with the provisions of the Instruction “On the Procedure for Designing, Storing and Issuing Medical Documentation.”
5.COST OF SERVICES AND CALCULATION PROCEDURE.
5.1. Payment under the Agreement is made by the Patient and/or his legal representative in cash and/or non-cash form, in accordance with the requirements of the current legislation of Ukraine.
5.2. The cost of medical services provided under the Contract is determined in accordance with the tariffs for medical services approved by the Contractor.
5.3. The cost of the Medical Center’s services and the payment schedule under the Agreement are determined in the Appendix attached to the Agreement.
5.4. All payments under the Agreement are made in the national currency of Ukraine – the hryvnia.
5.5. The total cost specified in the Appendix to the Agreement is final and is not subject to change, except in the case of the need for the Medical Center to provide additional unplanned services to the Patient.
5.6. If, in the process of providing medical services, there is a need for an adjustment in the direction of increasing or decreasing the volumes or methods of treatment of the Patient, diagnostics, etc., then their final cost is subject to the corresponding adjustment.
5.7. Funds paid by the Patient and/or his Legal Representative to the Medical Center are not subject to return by the Contractor in the event of:
5.7.1. Non-arrival of the Patient and/or his Legal Representative to the Medical Center within the terms and on the dates determined by the terms of the Agreement, including the date/time determined by the Treatment (operation) Plan and/or the visit schedule agreed between the Parties;
5.7.2. Written refusal of the Patient and/or his Legal representative to receive medical services by the Patient, defined by the terms of the Agreement before the actual provision of them;
5.7.3. Occurrence of the conditions stipulated in clause 4.5.5. Agreement;
5.7.4. Proper fulfillment of the terms of the Agreement by the Executor, which is confirmed by the Act of acceptance and transfer of the provided medical services signed between the Parties.
5.8. In all cases, when the cost of services actually received by the Patient is not directly determined by the terms of the Agreement, the cost of such services (parts of services) is determined in accordance with the tariffs approved by the Contractor.
6.PROCEDURE FOR RECEIVING SERVICES.
6.1. The fact of proper provision of medical and related services to the Patient by the Medical Center is confirmed by the Act of acceptance and transfer of the provided medical services signed by the Parties.
6.2. After the Contractor provides medical services to the Patient, provided for in the terms of the Agreement, the Contractor provides the Patient and/or his Legal Representative with an Act of receiving and handing over the provided medical services, which states which medical services were received and their cost, for signing.
6.3. The fact of signing the Act of acceptance and transfer of the provided medical services by the Patient and/or his legal representative proves (confirms) that the medical services were provided to the Patient in full, in accordance with the terms of the Agreement and regarding the medical services received by the Patient and/or his legal representative there are no claims against the Contractor.
6.4. In case of refusal of the Patient and/or his Legal Representative to receive and/or sign the Certificate of Acceptance and Transfer of the provided medical services, such Certificate shall be immediately sent by the Contractor to the address of the Patient’s and/or his Legal Representative’s registration specified in the Contract.
6.5. In the event that the Patient and/or his legal representative do not send a written claim to the address of the Executor, which would indicate the reasons for refusing to sign the Act of receiving and transferring the provided medical services, within two calendar days, starting from the day of receiving such an Act, but, at any in which case, no later than three calendar days from the day when the Patient was actually provided with the medical services specified in the Act of reception and transfer of the provided medical services,it is considered that the medical services are provided by the Contractor and accepted by the Patient and/or his Legal Representative in full, and the Patient and/or his Legal Representative have no claims against the Contractor regarding the fulfillment of the last terms of the Agreement and the quality of medical services provided to the Patient, etc.
7.WARRANTIES AND LIABILITY OF THE PARTIES
7.1. The medical center guarantees high-quality service and the use of reasonable methods and techniques for the treatment of the patient.
7.2. The patient and/or his/her legal representative guarantee the proper fulfillment of the terms of the Agreement, the patient’s compliance with the requirements of the treatment regime and timely settlement with the Medical Center.
7.3. The patient and/or his legal representative agree that after providing medical services to the patient, the expected result can be achieved after a certain period of time.
7.4. The parties are responsible for this Agreement in accordance with the current legislation of Ukraine.
7.5. The Medical Center is not responsible for the Patient’s health in the event of the latter’s refusal to comply with the terms of the Agreement, medical appointments and/or the Patient’s violation of the regime established for him.
7.6. In case of impossibility to fulfill the terms of the Agreement, which arose out of no fault of the Medical Center, the Patient and/or his legal representative are obliged to pay the Medical Center the actual expenses incurred in fulfilling the terms of the Agreement.
7.7. Duly proven and substantiated damages caused to the Patient by the Medical Center due to non-fulfillment or improper fulfillment of the terms of the Contract shall be compensated by the Contractor within the limits of the amounts paid under the Contract, as well as in the case of justified fault of the Contractor.
7.8. For non-compliance with the terms of payment for services specified in the Agreement, the Patient and/or his Legal Representative shall pay the Medical Center a penalty in the amount of double the NBU accounting rate of the overdue amount for the entire period of overdue.
8.FORCE MAJEURE CIRCUMSTANCES
8.1. The parties are released from responsibility for full or partial non-fulfillment or improper fulfillment of the obligations stipulated in the Agreement, if it occurred as a result of force majeure.
8.2. Force majeure in the Agreement should be understood as any circumstances of an external nature that arose beyond the will of the Parties or contrary to their will or desire, and which could neither be foreseen nor avoided, including natural phenomena (earthquakes, floods, hurricanes , destruction as a result of lightning, etc.), man-made and anthropogenic disasters (explosions, fires, failure of machines, equipment, etc.),circumstances of social life (military actions, public unrest, epidemics, strikes, boycotts, etc.), as well as the issuance of acts by state authorities or local self-government bodies, other legal or illegal prohibitive measures of the said bodies, which make it impossible for the Parties to fulfill their obligations under this Agreement or prevent such performance, etc.
8.3. The Party that is unable to properly fulfill its obligations under this Agreement as a result of force majeure must notify the other Party in writing of the existing obstacles and their impact on the fulfillment of obligations under this Agreement.
8.4. If force majeure occurs for thirty consecutive calendar days and does not show signs of termination, this Agreement may be terminated by the Patient and/or his Legal Representative or the Medical Center by sending a written notice to the other Party.
9.DISPUTE RESOLUTION PROCEDURE.
9.1. All disputes related to the Agreement, its conclusion, execution and termination are resolved through negotiations between the Parties.
9.2. Pre-trial settlement of disputes is mandatory for the Parties to the Agreement.
9.3. If the dispute cannot be resolved through negotiations within 30 (thirty) calendar days, it shall be resolved in a court of law under the established jurisdiction and jurisdiction of such a dispute at the location of the defendant in accordance with the current legislation of Ukraine.
10.DURATION OF THE AGREEMENT.
10.1. The Agreement enters into force from the moment it is signed by the Parties and is valid until the Parties sign the Act of acceptance and transfer of the provided medical services, but in any case until the full implementation of the treatment plan (operation) determined for the Patient.
10.2. The parties may terminate the contractual relationship prematurely under the conditions stipulated by the current legislation of Ukraine and the Agreement.
11.EARLY TERMINATION (TERMINATION) OF THE AGREEMENT.
11.1. The Agreement may be prematurely terminated by mutual consent of the Parties by concluding an Additional Agreement on Termination of the Agreement.
11.2. The contract may be prematurely terminated (terminated) at the initiative of the Contractor in the following cases:
11.2.1. Non-arrival of the Patient and/or his Legal Representative to the Medical Center within the time and on the dates determined by the terms of the Agreement;
11.2.2. A written refusal of the Patient and/or his Legal Representative to receive the medical services defined by the terms of the Agreement before the actual provision of them begins;
11.2.3. Occurrence of the conditions stipulated in clause 4.5.5. Agreement and in accordance with the Rules of the Medical Center.
12.FINAL PROVISIONS
12.1. The terms of the Agreement may be changed by mutual consent of the Parties with the mandatory drafting of an Additional Agreement.
12.2. The rules of the Contractor and the Act of acceptance and transfer of the provided medical services are an integral part of the Agreement.
12.3. All appendices to the Agreement are its integral parts, if drawn up in writing and signed by the Parties.
12.4. All medical documentation (medical card, data of examinations, tests, X-rays, cardiograms and their interpretations, conclusions of specialists, etc.), established for the Patient, is the property of the Contractor and, accordingly, is kept by him. Familiarization with such documentation takes place in a specially equipped room and in the presence of a representative of the Contractor according to the established procedure.
12.5. The patient and/or his legal representative, by signing the Agreement, confirm their full awareness of the provision of permission to the Medical Center for the processing of their personal data.
12.6. Personal data of the Patient and/or his legal representative are subject to deletion or destruction in accordance with the procedure established by the legislation of Ukraine.
12.7. In cases not provided for in this Agreement, the Parties are governed by the current legislation of Ukraine.
12.8. By accepting this Agreement, the Patient and/or his Legal Representative automatically agrees to the full and unconditional acceptance of the provisions of the Agreement approved by the Contractor and published on his website.
12.9. By signing and filling out the questionnaire, the Patient and/or his 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 defined by the current Law of Ukraine “On the Protection of Personal Data” No. 2297 -VI from 01.06.2010
12.10. The Agreement is drawn up with full understanding of its terms and terminology by the Parties.
