Публічна угода про надання медичних послуг
Rodynne Dzherelo Limited Liability Company, represented by Director Cherniuk T.A., acting on the basis of the Charter, on the one hand (hereinafter referred to as the Clinic) and an individual who has applied to the Clinic for medical services (hereinafter referred to as the Patient), hereinafter referred to as the Parties together and separately, have entered into this Public Agreement for the provision of medical services (hereinafter referred to as the Agreement) as follows:
Subject of the Agreement
1.1. The Clinic shall, in accordance with the procedure and on the terms and conditions specified in this Agreement, provide the Patient with medical services provided for in the Price List of Medical Services on the basis of the Patient’s oral or written request, and the Patient shall accept and pay for the medical services provided.
1.2. Medical services are provided in accordance with industry standards in the field of healthcare and/or local medical care protocols approved in accordance with the established procedure. The quality of medical services provided must meet the requirements of Ukrainian legislation.
1.3. Medical services are provided in accordance with the patient’s informed voluntary consent to diagnosis, treatment, surgery and anesthesia, which is executed in the form established by the legislation of Ukraine before the first medical service is provided.
1.4. The Clinic guarantees that all information about the Patient containing medical and/or other confidential information will be used in accordance with the principles of confidentiality and in accordance with the requirements of Ukrainian and international law.
1.5. The place of service provision is: Kyiv. Kyiv, ul. 2-B, Antonov Aviation Design Bureau.
Rights and obligations of the parties
2.1. The rights of the Clinic:
2.1.1. To pay for services rendered
2.1.2. To take photos and/or videos of the process of providing medical services and further use the impersonal results of such recording for advertising, educational and other purposes that do not contradict the legislation of Ukraine.
2.1.3. Refuse to provide medical services in case of violation of the terms of this Agreement by the Patient.
2.1.4. If information about the Patient’s illness may worsen the Patient’s health condition or damage the treatment process, the Clinic has the right to provide incomplete information about the Patient’s health condition, to limit the possibility of familiarization with certain medical documents.
2.2. Responsibilities of the Clinic:
2.2.1. Provide the Patient with medical services of appropriate quality in accordance with the procedure and on the terms and conditions specified in this Agreement.
2.2.2. Use medicines and medical devices authorized for use in Ukraine.
2.2.3. Maintain and store medical records and reports in accordance with the requirements of Ukrainian legislation.
2.2.4. To keep medical secrecy in accordance with the provisions of the current legislation of Ukraine.
2.3. Patient’s rights:
2.3.1. Receive medical services of proper quality.
2.3.2. Receive accurate and complete information about his/her health status, including familiarization with the relevant medical documents related to his/her health, stored at the Clinic.
2.3.3. Receive accurate and complete information about contraindications, possible complications and risks (including for life and health), and a forecast of possible disease development when receiving medical services.
2.3.4. Demand a replacement doctor.
2.3.5. To have the right to secrecy about their health status, the fact of seeking medical care, diagnosis, as well as information obtained during their medical examination.
2.3.6. Receive accurate and complete information about the terms of service, content, scope and cost of services.
2.4. Patient’s responsibilities:
2.4.1. Strictly adhere to oral or written instructions and recommendations of the Clinic’s doctors.
2.4.2. Provide originals or copies of documents containing information about their health status, which are necessary for the Clinic to provide medical services.
2.4.3. Pay the cost of medical services in the manner and on the terms and conditions specified in this Agreement.
2.4.4. Arrival at the place of provision of medical services on the date and time of provision of medical services determined in accordance with clause. 3.2. of a real deal.
2.4.5. Prior to the provision of medical services, inform the Clinic of the entire list of medicines used by the Patient, as well as of all known diseases, defects, allergic or specific reactions to medicines and food products, and other relevant information about his/her health status.
2.4.6. In case of violation or inability to comply with the Treatment Plan, if provided to the Patient, notify the Clinic.
2.4.7. To inform the Clinic about the improvement or deterioration of health, the appearance or disappearance of symptoms and other information about changes in their health status during the treatment period.
The procedure for providing and receiving medical services
3.1. Medical services are provided by the Clinic’s medical staff who have the appropriate special education and meet the uniform qualification requirements in accordance with the legislation of Ukraine.
3.2. Services are provided by appointment at the Clinic. During the appointment, the patient can choose the day and time of the appointment from the available places in the schedule. Provision of medical services without an appointment is possible only if there are no other patients with an appointment at the moment.
3.3. Prior to the commencement of medical services, the Attending Physician shall inform the Patient of the list, composition and cost of all medical services that the Attending Physician considers appropriate, and shall orally agree with the Patient on the list and cost of all medical services to be provided by the Clinic as prescribed by this Physician.
3.4. The date and time of the provision of medical services may be changed at the initiative of the Patient before the term of such service.
3.5. The date and time of the medical service may be changed at the initiative of the Clinic if:
3.5.1. The Patient’s health condition before the start of the medical service precludes its provision or significantly increases the risks of complications, threats to the Patient’s life or health, or other serious or negative consequences.
3.5.2. Force majeure circumstances that make it impossible for the Clinic to provide medical services.
3.6. The clinic has the right to refuse to provide medical services if:
3.6.1. A patient avoids paying for a medical service;
3.6.2. The patient is in a state of alcohol or drug intoxication and/or violates the rules of stay in the Clinic;
3.6.3. The patient does not comply with the medical orders of the Clinic’s doctors;
3.6.4. It is impossible to provide services to a particular Patient due to the lack of necessary specialists and/or equipment.
3.7. Acceptance and transfer of the provided medical services shall be carried out orally or at the request of the Patient by drawing up an Act of Acceptance and Transfer of Medical Services (hereinafter referred to as the Act of Acceptance and Transfer), which shall be drawn up by the Clinic in duplicate and provided to the Patient for signature.
3.8. The patient is obliged to sign both copies of the Acceptance Certificate or provide a written reasoned refusal to sign the Acceptance Certificate.
3.9. If the Patient has not provided a written reasoned refusal to sign the Acceptance Certificate, the medical service shall be deemed to have been duly provided by the Clinic and duly accepted by the Patient.
3.10. In the presence of a written reasoned refusal to sign the Acceptance Certificate, the Clinic shall consider such refusal within 14 (fourteen) calendar days and notify the Patient in writing of the results of the consideration.
3.11. In case the Patient is granted a deferred payment for medical services, the Acceptance Certificate is mandatory. In this case, the Act records the unpaid cost of the medical service and the terms of its payment by the Patient.
3.12. If the Patient of the Clinic has received several medical services, the Clinic has the right to draw up one Acceptance Certificate in two copies, which shall specify the entire list of medical services provided.
3.13. The patient confirms that the Clinic has explained to him/her the rights and obligations established by the legislation of Ukraine.
Payment for services
4.1. The total cost of services is determined in accordance with the Clinic’s Price List for services. The patient can familiarize himself with the current Price List directly during registration on the website https://infertility-kiev.com/ or by calling the Clinic.
4.2. Payment for the provided medical services shall be made by the Patient after or in certain cases agreed upon by the parties before the start of the provision of medical services by way of:
4.2.1. Payment in cash to the Clinic’s cash desk by the Patient.
4.2.2. The Patient makes a payment by means of a payment card using a payment device of the Clinic’s bank;
4.2.3. The Patient makes a cashless payment to the Clinic’s current account.
4.3. If the Patient pays for a medical service (for example, a Skype consultation) that was not provided to the Patient for any reason, the Patient shall apply for a refund at the Clinic’s location.
4.4. From the moment of registration of the Patient’s refund application in the Clinic, the refund is made to the Patient within 10 banking days.
4.5. The right to choose a payment method belongs to the Patient. The Clinic has the right to refuse the Patient to choose a payment method only in case of temporary technical impossibility of making a payment in a certain way (including, but not limited to, a malfunction of the bank’s payment device).
4.6. A patient may be granted a discount on the cost of a medical service, the amount of which is determined in accordance with the procedure established by the Clinic.
4.7. The Patient may be granted a deferred/installment payment for medical services, and the Patient must sign a written commitment. The decision to grant a deferred payment for medical services is made at the request of the Patient of the Clinic. However, making such a decision is the right, not the obligation, of the Clinic.
Responsibility of the Parties
5.1. For non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable as set forth in this Agreement and the applicable laws of Ukraine.
5.2. A Party shall not be liable for breach of the Agreement if it occurred through no fault of its own.
5.3. A Party shall be deemed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures in its power to properly perform this Agreement.
5.4. Neither Party shall be liable for the obligations of the other Party to third parties, except as provided herein.
5.5. The Clinic shall not be liable in case of complications in the Patient or for damage caused to the Patient’s life and health as a result:
5.5.1. failure by the Patient to fulfill the obligations stipulated by this Agreement, including orders and recommendations of the Clinic’s physicians, the Treatment Plan, etc;
5.5.2. failure of the Patient to provide material information about his/her health status;
5.5.3. use of medicines and medical devices of inadequate quality or those not prescribed by the Clinic’s physicians;
5.5.4. receiving medical care in other healthcare facilities, development of diseases or pathologies that are not related to the provision of medical services under this Agreement.
5.6. The Clinic shall be released from liability if the occurrence of complications was not the fault of the Clinic (not related to the quality of medical services provided to the patients of the Clinic).
5.7. The Parties understand and acknowledge that the discrepancy between the result of the provision of a particular service and what the Patient expected and wished to receive when applying for the provision of the relevant Service does not in itself constitute the fact of the provision of such service of inadequate quality.
Force Majeure
6.1. The Parties hereto shall not be liable for non-fulfillment or improper fulfillment of the terms of this Agreement, losses or damages (including for the inability to fulfill or delay in fulfillment of their obligations), if such are the result of force majeure.
6.2. The Parties understand force majeure to mean natural disasters, weather phenomena and conditions (earthquakes, landslides, floods, squalls, hurricanes, tornadoes, typhoons, tides, rainstorms, episodes, hail, lightning, drought, fire, generally accepted maritime risks, revolution, declared or undeclared war, hostilities or threat of war, civil unrest, strikes, lock-outs, blockades, embargoes, sabotage, arrests and imprisonment, requisition of a ship (including an air ship), explosions, industrial or catastrophic accidents, malfunction of machinery, vehicles, cargo or equipment, quarantine orders, changes in applicable rules and regulations, declaration of a state of emergency, requirements and instructions of state authorities, moratoriums and other acts and actions of state authorities, international institutions or organizations, unavailability of transport or cargo, inability of the supplier or manufacturer of goods (not included in the structure of the Parties), as well as other phenomena, events and circumstances beyond the control of the Party that does not perform this Agreement, if such Party could not and should not have foreseen their occurrence, and could not and should not have prevented or eliminated the actions or consequences of such circumstances with the help of the means available to it.
Dispute Resolution
7.1. All disputes and disagreements between the Parties in the course of their performance of this Agreement shall be resolved through negotiations in accordance with the current legislation of Ukraine.
7.2. If the relevant dispute cannot be settled through negotiations, it shall be resolved in court in accordance with the established jurisdiction and jurisdiction of such dispute in the manner prescribed by the current legislation of Ukraine.
Validity of the Agreement and other terms and conditions
8.1. In the event that the Clinic and the Patient conclude an individual private law contract for the provision of medical services, the provisions of such private law contract shall prevail.
8.2. This Agreement is a public Agreement (public offer) in accordance with the provisions of Art. 633 of the Civil Code of Ukraine, and contains all the essential conditions for the provision of medical services by the Clinic as specified in the current Price List of Medical Services. The acceptance of the terms of this Public Agreement (acceptance) is complete and unconditional and means the Patient’s consent to all the terms of the Agreement without exception and addition, and also indicates that the Patient understands the significance of his/her actions, all the terms of the Agreement are clear to him/her, the Patient is not under the influence of error, deception, violence, threats, etc.
8.3. The Patient, having applied orally or in writing for medical services at the Clinic, accepts all the terms and conditions of this Agreement, and the date of the first application by agreement of the Parties shall be considered the date of conclusion of this Agreement.
8.4. This Agreement shall enter into force on the date of its conclusion and shall be valid for an unlimited period of time.
8.5. The terms of this Agreement shall be the same for all Patients, except as otherwise provided by the legislation of Ukraine.
8.6. This Agreement may be terminated in accordance with the procedure and in the manner prescribed by the laws of Ukraine.
