Public Agreement for the Providing Medical Services
Limited Liability Company “IVMED” Rodynne Dzherelo, represented by the Director Nikitina A.S., acting in accordance with the Charter on the one hand (hereinafter – the Clinic) and an individual who applied to the Clinic for medical services (hereinafter – the Patient), hereinafter together the Parties, and separately the Party, have entered into this Public Agreement on the provision of medical services (hereinafter – the agreement) on the following:
Subject of the agreement
1.1. The Clinic in the manner and under the conditions specified in this Agreement undertakes to provide the Patient with medical services provided by the Price List of medical services, based on oral or written request of the Patient, and the Patient undertakes to accept and pay for medical services.
1.2. Medical services are provided in accordance with industry standards in the field of health care and / or local health care protocols approved in due course. The quality of medical services must meet the requirements of Ukrainian legislation.
1.3. Provision of medical services is carried out in accordance with the informed voluntary consent of the patient for diagnosis, treatment and surgery, as well as anesthesia, which is drawn up in accordance with the form established by the legislation of Ukraine before the provision of the first medical service.
1.4. The clinic guarantees that all patient information containing medical and / or other confidential information will be used in accordance with the principles of observance of such secrets and in accordance with the requirements of the legislation of Ukraine and international law.
1.5. The place of rendering services is Zhytomyr, st. Roman Shukhevych, 2-A.
Rights and obligations of the Parties
2.1. The Clinic has right (to):
2.1.1. Receive payment for services rendered.
2.1.2. Make photo and / or video 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 if the Patient violates the terms of this Agreement.
2.1.4. If information about the patient’s illness may worsen his health or impair the process of treatment, the Clinic has the right to provide incomplete information about the patient’s health, to limit his access to certain medical documents.
2.2. The Clinic is obliged to:
2.2.1. Provide the Patient with medical services of appropriate quality in the manner and under the conditions specified in this Agreement.
2.2.2. Use medicines and medical devices approved for use in Ukraine.
2.2.3. Maintain and store medical records and reports in accordance with the requirements of the legislation of Ukraine.
2.2.4. Maintain medical secrecy in accordance with the provisions of current legislation of Ukraine.
2.3. Patient has right to:
2.3.1. Receive medical services of proper quality.
2.3.2. Receive reliable and complete information about the state of his health, including to get acquainted with the relevant medical documents related to his health, which are stored in the Clinic.
2.3.3. Receive reliable and complete information about contraindications, possible complications and risks (including for life and health), prognosis of possible disease development in the provision of medical services.
2.3.4. Require a replacement doctor.
2.3.5. Have the right to secrecy about the state of his health, the fact of seeking medical help, diagnosis, as well as information obtained during his medical examination.
2.3.6. Receive reliable and complete information about the terms of service, content, scope and cost of services.
2.4. Patient is obliged to:
2.4.1. Strictly follow the oral or written instructions and recommendations of the doctors of the Clinic.
2.4.2. Provide originals or copies of documents containing information about the state of their health, which are necessary for the Clinic to provide medical services.
2.4.3. Pay the cost of medical services in the manner and under the conditions specified in this Agreement.
2.4.4. Arrive at the place of medical services on the date and time of medical services, determined in accordance with paragraph 3.2. of this agreement.
2.4.5. Prior to the provision of medical services, inform the Clinic of the entire list of drugs used by the Patient, as well as all known diseases, malformations, allergic or specific reactions to drugs and food, and other relevant information about their health.
2.4.6. In case of violation or inability of the Patient to adhere to the Treatment Plan, if such was provided to the Patient, inform the Clinic.
2.4.7. Inform the Clinic of improvement or deterioration of health, the appearance or disappearance of symptoms and other information about changes in your health during treatment.
The procedure for providing and receiving medical services
3.1. Medical services are provided by medical staff of the Clinic 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 appointment from those available in the schedule.Provision of medical services without prior appointment is possible only in the absence of prior registration at the moment of other patients.
3.3. Prior to the provision of medical services, the Doctor informs the Patient of the list, composition and cost of all medical services that the Doctor deems appropriate, and orally agrees with the Patient on the list and cost of all medical services to be provided by the Clinic.
3.4. The date and time of medical service may be changed at the initiative of the Patient before the deadline for such service.
3.5. The date and time of the provision of medical services may be changed at the initiative of the Clinic if:
3.5.1. The Patient’s state of health prior to the provision of medical services excludes its provision or significantly increases the risks of complications, threats to life or health of the Patient or other serious or negative consequences.
3.5.2. The emergence of force majeure circumstances that make it impossible to provide medical services by the Clinic.
3.6. The Clinic has the right to refuse to provide medical services if:
3.6.1. The Patient refuses to pay for medical services;
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 follow the medical prescriptions of the doctors of the Clinic;
3.6.4. It is not possible to provide services to a particular Patient due to the lack of necessary specialists and / or equipment.
3.7. Delivery/Acceptance of provided medical services is carried out orally or at the request of the Patient by drawing up the Act of Delivery/Acceptance of rendered medical services (further – the Act of Delivery/Acceptance) which is made by Clinic in two copies and provided to the Patient for signing.
3.8. The Patient is obliged to sign both copies of the Act of Delivery/Acceptance or to provide a written reasoned refusal to sign the Act of Delivery/Acceptance.
3.9. If the Patient has not provided a written reasoned refusal to sign the Act of Delivery/Acceptance, the medical service is considered duly provided by the Clinic and duly accepted by the Patient.
3.10. If there is a written reasoned refusal to sign the Act of Delivery/Acceptance, the Clinic shall consider such refusal within 14 (fourteen) calendar days and inform the Patient in writing about the results of the examination.
3.11. In the event that the Patient is provided with Deferred payment agreement for medical services, the drawing up of an Act of Delivery/Acceptance is mandatory. In this case, the Act fixes the unpaid cost of the medical service, as well as the terms of its payment by the Patient.
3.12. If the Patient is provided with several medical services, the Clinic has the right to draw up one Act of Delivery/Acceptance in two copies, in which to indicate the full list of provided medical services.
3.13. The Patient confirms that the Clinic has explained to him the rights and obligations established by the legislation of Ukraine.
Service payment procedure
4.1. The total cost of services is determined in accordance with the Clinic’s Price List for services. The Patient can get acquainted with the current Price list directly upon registration on the website https://ivmed.clinic/en/ or by calling the Clinic.
4.2. Payment for the provided medical services is carried out by the Patient after or in certain cases stipulated by the parties, prior to the commencement of the provision of medical services by:
4.2.1. Payment by the Patient in cash to the Clinic’s cash desk.
4.2.2. Payment by credit card of the Patient using the payment device of the Clinic’s bank.
4.2.3. The Patient makes a non-cash payment to the Clinic’s current account.
4.3. In case the Patient pays for a medical service (for example, a Skype consultation), which for some reason was not provided to the Patient, he applies for a refund at the location of the Clinic.
4.4. From the moment of registration in the Clinic of the application for refund of the Patient’s funds, the refund to the Patient is made within 10 banking days.
4.5. The right to choose the method of payment belongs to the Patient. The Clinic has the right to refuse the Patient in choosing a payment method only in the event of a temporary technical impossibility of making payment in a certain way (including, but not exclusively, a malfunction of the bank’s payment device).
4.6. The patient may be provided with a discount on the cost of medical services, the amount of which is determined in accordance with the procedure established by the Clinic.
4.7. The Patient may be provided with a deferred payment agreement, and the patient must sign a written commitment to pay. The decision to grant an agreement on deferred payment for medical services is made at the request of the Patient of the Clinic. At the same time, making such a decision is a right, not an obligation of the Clinic.
Responsibilities of the Parties
5.1. For non-fulfillment or improper fulfillment of the undertaken obligations, the Parties shall bear the responsibility determined by this Agreement and the current legislation of Ukraine.
5.2. The Party is not responsible for violation of the Agreement, if this happened not through its fault.
5.3. A Party shall be presumed innocent and shall not be liable for breach of the Agreement if it proves that it has taken all measures necessary to ensure the proper performance of this Agreement.
5.4. Each Party shall not be liable for the obligations of the other Party to third parties, except as provided in this Agreement.
5.5. The Clinic is not responsible in case of complications in the Patient or for damage to life and health of the patient as a result of:
5.5.1. non-fulfillment by the Patient of the obligations provided by this Agreement, including prescriptions and recommendations of doctors of the Clinic, the Treatment Plan, etc.;
5.5.2. concealment by the Patient of essential information about the state of his health;
5.5.3. use of medicines and medical devices of improper quality or those that are not prescribed by doctors of the Clinic;
5.5.4. receiving medical care in other health care facilities, development of diseases or pathologies that are not related to the provision of medical services under this Agreement.
5.6. The Clinic is released from liability if the onset of complications is not the fault of the Clinic (not related to the quality of medical services provided to patients of the Clinic).
5.7. The Parties understand and acknowledge that the discrepancy between the result of the provision of a service that the Patient expected and wished to receive when applying for the relevant Service is not in itself a fact of providing such a service of improper quality.
6.1. The Parties to this Agreement shall not be liable for non-performance or improper performance of the terms of this Agreement, damages or loss caused by it (including for inability to perform or delay in fulfillment of obligations), if such are the result of force majeure.
6.2. Under force majeure circumstances the Parties understand: natural disasters, weather phenomena and conditions (earthquakes, landslides, floods, squalls, hurricanes, tornadoes, typhoons, tides, rains and torrential rains, snowfalls, hail, lightning, drought, epidemic, natural disaster fire, common maritime risks, revolution, declared or undeclared war, military action or threat of war, riots, strikes, lockouts, blockades, embargoes, sabotage, arrests and imprisonment, requisition of court (including air), explosions , industrial accidents or catastrophes, malfunctions of mechanisms, vehicles and cargo or equipment, quarantine regulations, changes in current norms and rules, imposition of a state of emergency, requirements and instructions of state bodies, moratorium and other acts and actions of public authorities, international institutions or organizations, unavailability of transport or cargo means, impossibility of a supplier or manufacturer of goods (not included in the structure of the Parties), as well as other phenomena, events and circumstances that are beyond the control of the non-performing Party of this Agreement, if such Party could not and should not have foreseen their occurrence, and also could not and should not have prevented or eliminated the actions or consequences of the actions of such circumstances using the means at her disposal, and under the circumstances that developed for it.
Порядок вирішення спорів
7.1. All disputes and disagreements between the Parties in the process of implementation of this Agreement will be resolved through negotiations, in accordance with 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.
TERMS OF VALIDITY and OTHER CONDITIONS
8.1. 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, specified in the current Price list of medical services. Acceptance of the terms of this Public Agreement (acceptance) is complete and unconditional and means the Patient’s consent to all terms of the Agreement without exception and addition, and also indicates that the Patient understands the meaning of his actions, all terms of the Agreement are clear to him, the patient is not under the influence of delusion, deception, violence, threats, etc.
8.2. The patient verbally or in writing applying for medical services at the Clinic (accepts) all the terms of this Agreement, and the date of the first application by agreement of the Parties is considered the date of this Agreement.
8.3. This Agreement shall enter into force on the date of its conclusion and shall be valid indefinitely.
8.4. The terms of this Agreement are set the same for all Patients, except for cases established by the legislation of Ukraine.
8.5. The permanent contract may be terminated in the manner and mode prescribed by the legislation of Ukraine.