MEDEUS MEDICAL CENTER LIMITED LIABILITY COMPANY (license for medical practice issued by the order of the Ministry of Health of Ukraine dated 21.08.2020 № 1949), represented by the director of Pulya Anna Oleksiivna, who acts within this position. applied to the Contractor for medical services (hereinafter referred to as the "Customer") from other parties, together with the designated "Parties", and each separately - "Party", including this Agreement on the lower number.
1. GENERAL PROVISIONS
1.1. According to Art. 633, 634, 641 of the Civil Code of Ukraine This Agreement is a public Agreement (public offer), which contains all the essential conditions for the Contractor to provide medical services and provide an unlimited number of individuals (Customers) to receive medical services under the terms of this Agreement.
1.2. The terms of this Agreement are set the same for all Customers, except those to whom the legislation of Ukraine provides the relevant benefits if any are available.
1.3. The Contractor has no right of free review during the execution of this Agreement for the availability of opportunities (including technical, personnel, organizational, etc.) to provide medical services to the Customer.
1.4. The Contractor confirms that they have all the necessary permits to carry out business activities in medical practice, subject to the implementation of this Agreement, and have no liability in case of violation of the Customer's rights in the performance of the Agreement and implementation of Services.
1.5. The Contractor provides medical services based on licenses for medical practice, issued by the order of the Ministry of Health of Ukraine from 21.08.2020 № 1949.
1.6. List of permitted specialties of the Contractor:
1.6.1. medical: organization and management of health care, organization, and management of health care, therapy, cardiology, dermatovenereology, oncology, orthopedics and traumatology, surgery, endocrinology, neurology, dietetics, general practice - family medicine, physical therapy, physical and rehabilitation medicine, dermatologist, functional diagnostics, physiotherapy.
1.6.2. The specialty of young specialists with medical education: nursing, medical business.
1.7. The Contract is binding on the Contractor from the moment of its publication on the Contractor's website.
2. ACCEPTANCE OF THE AGREEMENT
2.1. The Agreement is concluded without its further signing from the moment of the oral or written request of the Customer to receive medical services to perform other actions provided by the Agreement, indicating the fee for joining the Agreement (signing a treatment plan, informed consent for diagnosis and treatment, actual cooperation, payment of the Contractor's invoice, in particular), without signing a written copy by the Parties.
2.2. By applying to the Contractor for the Services, the Customer implicitly and unconditionally accepts the provisions of this Agreement.
2.3. The data of the first appeal of the Customer to the Contractor with the consent of the Parties is considered to be a given contribution to this Agreement. The Customer is considered to be acquainted with the Agreement at the time of the Agreement.
2.4. Each Party warrants the other Parties, which ensure the necessary dietary capacity, as well as all rights and powers necessary and sufficient for the issuance and implementation of this Agreement in accordance with its terms.
2.5. When concluding the Agreement, the Customer automatically agrees to the full and unconditional acceptance of the Agreement provisions and all possible annexes to the Agreement.
2.6. Before using the medical services, each customer is acquainted with the terms of this Agreement, tariffs for services, as well as the Rules of residence and service of customers in the medical institution of the Contractor, posted (published) on the official website of the Contractors and the Consumer's Corner.
2.7. All terms of the Agreement outlined in this publication are binding on the Parties. If the Customer does not agree with the terms of the Agreement, they have no right to enter into this Agreement.
2.8. At the written request of the Customer, the Contractor shall provide him with a written form of this Agreement certified by the signature of the authorized person.
3. TERMS, CONCEPTS, AND DEFINITIONS
In this Agreement, the following terms, concepts, and definitions are used in the following meaning:
3.1. Medical service - a certain action or set of actions performed by medical workers in the Medical Center of the Contractor for the purpose of prevention, diagnosis, treatment, or rehabilitation of diseases, pathologies, or conditions of the Customer.
3.2. Customer - the Patient, the legal representative of the Patient, or another person who has entered into a Public Agreement in the interests of the Patient.
3.3. Patient - a natural person, including a person before reaching the age of majority, who receives medical care (preventive, diagnostic, medical) from the Contractor under the conditions specified in this Agreement, in whose interests the Customer has entered into this Agreement. The patient can be the Customer and conclude the contract independently in case of achievement by it of full civil legal capacity according to the legislation of Ukraine.
3.4. Medical Center (hereinafter - the Institution) - a health care institution established by the Contractor and located at 01103, Kyiv, Tovarna st, b. 1-a, the letter "H", building 1-a.
3.5. The Contractor's website is a web page on the Internet at https://medeus.com.ua, which is the official source of informing the Customers about the Contractor and the services provided by them.
3.6. The attending doctor is the Contractor's doctor who provides medical services to the Customer in the Institution.
3.7. Treatment plan - a set of preventive, curative, diagnostic, rehabilitation measures, medical manipulations, etc. selected by the doctor for each Customer separately and agreed with the Customer, necessary to achieve positive results of treatment of the Customer's disease, indicating stages of treatment, list of medical interventions, targeted treatment, and targeted treatment. the cost of treatment in the prices valid on the day of the treatment plan.
3.8. Schedule of visits - a schedule of prescribed medical services, which determines the list of services, calendar date, and exact time when the Customer must come to the Institution to receive such services, which is signed by the Customer and is mandatory for the latter.
3.9. Informed consent - the Customer's consent to a medical intervention, which can be made in writing by signing a separate form approved by the Contractor or the appropriate wording in the medical documentation (medical card, etc.).
3.10. Rules - Rules of stay and service of Customers in the Institution, approved by the Contractor and binding on the Customer, with which the Customer is obliged to get acquainted before concluding the contract.
4. SUBJECT OF THE AGREEMENT
4.1. The Contractor obligates to provide by order and consent of the Customer (or the person in whose interests this Agreement is concluded) one or more paid medical services from the List of the Contractor's medical services aimed at improving the Customer's health and in accordance with the established diagnosis (hereinafter - Services), and the Customer obligates to accept and pay for the Services under the conditions specified in this Agreement.
4.2. The scope, type, cost, and terms of the Services are determined taking into account the health of the Customer, medical indications, the wishes of the Customer, and the technical capabilities of the Contractor.
4.3. Based on the initial examination of the Customer, the attending doctor establishes a preliminary diagnosis, determines the methods and possible treatment options, treatment consequences, and expected results, the degree of risk and possible complications, informs the Customer in detail.
4.4. 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 performance of the Agreement is the consent of the Customer with the proposed Treatment Plan, which is certified by the signature of the Customer or by the actual consumption by the Customer of the services specified in the Treatment Plan.
4.5. During the term of the Agreement, the Parties may draw up several Treatment Plans (in which case the terms of the additional Treatment Plan will be a supplement to the previous Treatment Plan) or change the Treatment Plan.
4.6. The Customer agrees that if it is necessary to conduct an additional examination or consult a specialist who is absent from the Contractor, he is obliged to undergo such an examination or consultation within the time limits set by the Contractor, paying for these services at the rates of relevant medical institutions.
5. PROCEDURE FOR PROVIDING SERVICES
5.1. Services are provided in the medical institution of the Contractor in accordance with the Rules, with the use of certified equipment and permits for the use of medical manufacturers and materials.
5.2. The attending doctor is appointed by the Contractor in agreement with the Customer.
5.3. Provision of the Service is carried out in accordance with the Customer's Voluntary Information Consent on diagnostics, treatment, operations, and disposal, quality of registration within the established legislation of Ukraine, and may be additionally registered in the country specified by the Contractor before the first Service and other Services listed by the Contractor. The parties agreed that the signing of informed consent is a necessary condition for the start of the providing Service.
5.4. Services are provided by prior appointment, which is carried out by phone or by personal request of the Customer. Provision of the Service without prior registration is possible only in the absence of prior registration of other Customers for this time. The date and time of providing each Service are agreed by the Contractor and the Customer in oral or in writing (by signing the appointment agenda).
5.5. The date and time of each Service provision may be changed at the initiative of the Customer before the deadline for the provision of such services.
5.6. In case of delay, the Customer of binding will notify the administrator of the Institution in advance. In case of delay, which led to a change in the appointment agenda, another time of the visit is agreed with the Customer.
5.7. The date and time of each Service may be changed at the initiative of the Contractor in the case of:
5.7.1. If the Customer’s state of health before the start of the Service, makes its provision impossible or a significant increase in the risks of complications, threats to life or health of the Customer, other persons or other serious negative consequences.
5.7.2. Occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Services.
5.8. The Contractor has no right to disclose to the third party’s information about the Customer's illness, medical examination, and its results, which became known during the implementation of this Agreement, except the cases provided by the legislation of Ukraine.
6. COST OF SERVICES AND CALCULATION PROCEDURE
6.1. The cost of the Services provided under this Agreement shall be determined in accordance with their scope and the tariffs for the Services approved by the Contractor. Tariffs for Services have the legal force of an agreement on an agreed price.
6.2. The preliminary cost of the Services is indicated in the Treatment Plan and does not include the cost of treatment of latent pathologies that may be detected during treatment.
6.3. The prices listed in the Treatment Plan are valid for the period specified in the Treatment Plan. After the expiration of this period, the cost of the Services is determined based on the Contractor's tariffs in force at the time of providing the Service.
6.4. The Customer pays for the Services in one of the following ways at the Customer's choice:
6.4.1. payment in cash at the box office of the Contractor;
6.4.2. payment by means of a bank card using the payment device of the Contractor's bank;
6.4.3. payment of the Contractor's bills by cashless payments.
6.5. The Services are paid by the Customer on the day of provision of the Service - before the provision of the Service or immediately after its provision, in the amount of the full cost of the provided Service in a specific visit.
6.6. The Customer has the right to prepay for the Services specified in the Treatment Plan. The cost of the Services paid by the Customer as prepayment may not be reviewed by the Contractor in case of change of tariffs for the Services and is set in accordance with the tariffs valid on the day of payment.
6.7. For certain types of Services, which provide for preliminary costs of the Contractor (individual order of medical structures for the Customer from third parties, etc.), the Customer must make a prepayment of up to 70% of the cost of such charges. The amount of prepayment and the term of its payment shall be indicated in the Treatment Plan and/or in the invoice provided to the Customer in advance.
6.8.Cashless payments services are provided only in the case of 100% prepayment.
6.9. If the amount of the cost of all components provided for prepayment of the Services exceeds the amount of prepayment paid by the Customer, the Customer must repay the difference no later than the day of completion of the Services.
6.10. In case of discrepancies in the direction of increase between the estimated cost of the Service (part of the Service) and the amount of the invoice issued to the Customer for a specific visit, the Customer is obliged to pay the invoice no later than the next day after providing the Service (part of the Services). In this case, the Customer must sign the Act of services provided with a list of services provided and an indication of the amount owed by the Customer for the Services.
6.11. In case of insufficiency of the Customer's funds for the received Services payment, the Customer's debt to the Contractor may be executed by an additional agreement on payment for the Services with installments.
6.12. Insurance treatment is provided in case of the prior conclusion by the Contractor of the relevant Agreement with the insurance company and confirmation by the insurance company of the coverage of the Contractor's services.
6.13. The Customer may be provided with a discount on the cost of the Service, the amount of which is determined in the manner prescribed by the Contractor.
6.14. If in the process of providing the Services there is a need for their adjustment (provision of additional services or change of the Treatment Plan), then the final adjustment of the final cost of the Services under the Agreement is subject to the corresponding adjustment. Such changes shall be agreed by the Parties until the provision of additional or modified Services. The Customer has the right to refuse to adjust the Services and continue receiving the Services in accordance with the agreed Treatment Plan. If such refusal makes it impossible to continue providing the Services on medical grounds, the Contractor has the right to unilaterally terminate this Agreement, and the Customer is obliged to pay the cost of the Services actually received. If the Customer does not object to the change or addition of the Treatment Plan, the provision of Services continues in accordance with the new conditions and with the signing of a new or additional Treatment Plan.
6.15. In case of impossibility to provide the Services (part of the Services) due to non-appearance of the Customer for a doctor's appointment or other medical procedure, refusal of the Customer from further receipt of the Services, violation of the terms of this Agreement and (or) Rules, the Contractor shall return the prepaid amount. deducting the actual costs and costs of manufacturing (ordering) for the Customer of medical structures within three working days from the date of the Customer's application.
6.16. The Customer has no right to refuse to pay for the agreed and provided Services.
6.17. In all cases when the cost of the Services provided to the Customer 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 (part of the Services) is determined according to current rates.
6.18. The total cost of the Services under this Agreement is determined by the total cost of all Services provided to the Customer.
6.19. The terms of this section regarding payment for Services do not apply to cases of providing medical services to Customers, which are paid for by insurers.
7. PROCEDURE FOR ACCEPTANCE OF SERVICES
7.1. Acceptance-transfer of Services rendered is carried out orally or at the request of one of the Parties by drawing up the Act of the services rendered (further - the Act) which is made by the Executor in two copies and provided to the Customer for signing.
7.2. The Customer is obliged to sign both copies of the Act or provide a written reasoned refusal to sign it.
7.3. If the Customer has not provided a written reasoned refusal to sign the Act, the Service shall be deemed to have been duly provided by the Contractor and duly accepted by the Customer.
7.4. If there is a written reasoned refusal to sign the Act, the Contractor shall consider such refusal within 10 (ten) calendar days and notify the Customer in writing about the results of the review.
7.5. If several Services have been provided to the Customer, the Contractor has the right to draw up one Act in which to indicate the entire list of provided Services.
8. RIGHTS OF THE PARTIES
8.1. The customer has the right to:
8.1.1. Join this Agreement on the terms offered by the Contractor.
8.1.2. Receive full information about the medical services provided by the Contractor by the time of Service ordered.
8.1.3. Agree with the Contractor on the target price of the Service through the signing of the Treatment Plan.
8.1.4. Get Services of appropriate quality.
8.1.5. Receive an accurate and complete health status, while getting acquainted with the medical documents relating to his health, which are stored in the Contractor.
8.1.6. Receive reliable and complete information about contraindications, possible uses, and risks (including for life and health), forecast of possible developments in the provision of Services.
8.1.7. Choose a method of treatment according to the recommendations of the attending doctor, if the doctor has identified several options for the Treatment Plan, after reviewing the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, possible complications.
8.1.8. Require the attending doctor exchange (if the Contractor has other doctors with appropriate qualifications).
8.1.9. When changing the Treatment Plan and the previous targeted cost during the treatment, the Customer Service enters the choice:
(a) to agree to a new/additional Treatment Plan and agree on its price;
(b) to reject the proposed changes and to continue treatment under previously agreed conditions;
(c) to terminate the Agreement and make payments for the Services provided.
8.1.10. Keep knowledge about their health status, the fact of seeking medical help, diagnosis, as well as the information contained in their medical examination in private.
8.1.11. Contact the Contractor with suggestions, statements, feedback on the services offered.
8.1.12. Refuse to receive the Services (parts of the Services) at any time of the Agreement, having previously paid for all services actually provided at the time of refusal.
8.2. The Contractor has the right to:
8.2.1. Make changes to this Agreement, as well as to the list of Services, change the price of each Service.
8.2.2. Make auctions, provide discounts, and additional benefits for services.
8.2.3. Receive the payment for services provided in order offered by this Agreement.
8.2.4. Process personal data and other information about the Customer in accordance with the requirements of the legislation of Ukraine on personal data protection.
8.2.5. If necessary, for prior Agreement with the Customer, make changes to the Treatment Plan.
8.2.6. Independently identify and appoint medical staff who will provide services to the Customer.
8.2.7. In case of emergencies, unforeseen situations, or complications during medical interventions - independently determine the scope of all necessary and possible measures for their use.
8.2.8. Provide incomplete information about the Customer's health status, limit the possibility of their acquaintance with certain medical documents in case if that information about the Customer's illness may worsen their health state or harm the treatment process.
8.2.9. Make audio recordings of telephone conversations with the Customer.
8.2.10. Maintain photos and/or videos of the providing the Service process and further use of impersonal results of such fixation for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
8.2.11. Postpone the visit in case of unforeseen absence of a doctor or the possibility to appoint another doctor for treatment with the consent of the Customer.
8.2.12. In case of delay of the Customer unilaterally on change of the term of service provision or to cancel the provision of such services.
8.2.13. Refer the Customer to other specialized medical specialists, at the same time, to another health care institution, by clarifying the diagnosis and choosing the optimal treatment plan.
8.2.14 Do not start (or suspend) the provision of services in the following cases:
(a) refusal of the Customer to sign informed consents, filling in the anamnesis (health questionnaire);
(b) in case of arrears in the Customer for the payment of services (until the full resolution of such arrears);
(c) detection of a disease (pathology) in the Customer during the examination, the treatment of which is impossible in the Institution due to license restrictions, training of medical staff or technical support or in the absence of the Customer from the treatment of such pathology, if it is impossible to provide the treatment plan;
(d) the Customer is in a state of alcohol or drug intoxication or in another state of illness that interferes with the quality service provision;
(e) non-compliance with the Customer's prescribed instructions or treatment schedule;
(f) violation of the Rules of stay and service of Customers in the Institution by the Customer.
9. OBLIGATIONS OF THE PARTIES
9.1. The Customer is obligated to:
9.1.1. Get acquainted with the Contractor's tariffs and Rules before concluding the Agreement.
9.1.2. Arrive at the Institution on time on the date and time of providing the Services.
9.1.3. Always inform the Institution about the objective impossibility of displaying the view during work.
9.1.4. Comply with the Rules of the Contractor during the stay on the territory of the Institution.
9.1.5. Before the provision of the Service, inform the doctor of the entire list of drugs used by the Customer, as well as of all known diseases, defects, allergic or specific reactions to drugs and food, and other relevant information about their health.
9.1.6. follow all written statements and recommendations of the attending doctor accurately and timely, comply with the Treatment Plan, appear in time for the appointed additional inspections, control, and preventive inspections.
9.1.7. Provide originals or copies of documents that contain information about their health that the Institution needs to provide the service.
9.1.8. Tell your doctor about any improvement or deterioration in your condition, the appearance of reduction of symptoms, and other information about changes in your health during treatment.
9.1.9. Accept the provided Services of appropriate quality and sign the Acts.
9.1.10. Pay the cost of service decently and on the terms specified in this Agreement.
9.1.11. Pay the cost of unannounced additional services provided by the Contractor to avoid the negative consequences for the life and health of the Customer.
9.1.12. Sign information consents for diagnostics, treatment, and anesthesia, Questionnaire of the Contractor.
9.1.13. Adhere to the rules of operation of the installed medical structures, in case of their breakdown (regardless of the reasons for this), the occurrence of complications - within 24 hours, and if possible - immediately notify the Contractor.
9.2. The contractor is obligated to:
9.2.1. Spend the time of the Customer's initial examination to establish a preliminary diagnosis, the amount of treatment required, calculate the cost of treatment, and inform the Customer about the results in agreement with the Customer.
9.2.2. If the additional methods of examination are necessary to help with a final diagnosis - to carry them out, as well as in the absence of opportunities for this - to inform the Customer and send them for reimbursement to another health care institution and a proper medical specialist.
9.2.3. Provide Services of appropriate quality in accordance with the final diagnosis, Treatment Plan and cost calculation agreed by the Parties.
9.2.4. Provide assistance to the Customer with all necessary services predicted by the Agreement and the agreed Treatment Plan.
9.2.5. Create the necessary and safe conditions for the Customer's stay in the Institution.
9.2.6. Provide the best painless and rational methods of treatment in accordance with medical indicators.
9.2.7. Inform the Customer about the circumstances that may come up lead to an increase in the provision of Services, possible risks, and complications that may arise during the provision of Services.
9.2.8. Agree with the Customer on an additional or new Treatment Plan and its estimated cost in case of a change in the treatment process.
9.2.9. Provide the Customer with prescriptions and recommendations after the provision of services.
9.2.10. At the request of the Customer, provide information on the Contractor’s schedule, conditions, and procedure for providing Services.
9.2.11. Provide the Customer's medical card extract, copy the results of the examination, certificates, digital media for the agreement at the end of treatment.
9.2.12. Maintain absolute confidentiality on information about the health state, results of medical examinations of the Customer.
9.2.13. Use medicines and medical devices approved for use in Ukraine.
9.2.14 Maintain and store medical records and reports in accordance with the requirements of the legislation of Ukraine.
10. QUALITY OF SERVICES
10.1. Services are provided by the medical staff of the Institution who have the necessary 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.
10.2. 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.
10.3. The quality of the provided Services must meet the requirements of the legislation of Ukraine.
10.4. Services must be safe for the health of the Customer.
10.5. Quality control of medical care is carried out in cases, decently and in time provided by the legislation of Ukraine.
11. PERSONAL DATA OF THE CUSTOMER
11.1. According to the Law of Ukraine "On Personal Data Protection", the Contractor shall notify the Customer of the processing of their personal data during the execution of this Agreement.
11.2. The owner of personal data is the Contractor.
11.3. Personal data are collected for the purpose of health care, medical diagnosis, care or treatment implementation, or provision of medical services (paragraph 6, part 2 of Article 7 of the Law of Ukraine "On Personal Data Protection").
11.4. Composition and content of personal data processed by the Contractor:
11.4.1. general data (including, but not limited to last name, first name, patronymic, gender, date, and place of birth, address of registration and place of residence, marital status, means of communication);
11.4.2. special data concerning the person’s state of health (including, but not limited to the fact of seeking medical care, medical information about the person, containing not only evidence of the state of health but also the medical history, the proposed research and treatment measures, the prognosis of possible disease development, the risk to life and health, information on the presence of a disability group, genetic data, etc.).
11.5. Customers' personal data is stored in the form of files and/or local electronic databases.
11.6. The Contractor undertakes to ensure the confidentiality and security of the Customer's personal data during their processing.
11.7. The Contractor may transfer personal data of Customers to the Department of Health of the executive institution of the Kyiv City Council (Kyiv City State Administration), prosecutors, law enforcement and judicial authorities, guardianship authorities, MSEC, Social Insurance Fund, etc. only to the extent necessary for the exercise of their powers.
11.8. Lawyers have the right to access personal data only of those Customers who are their clients, and only if these clients consent to such transfer. Personal data are transferred to other persons only with the consent of the Customer or their legal representative (parents, guardian, or trustee). Impersonal personal data that do not allow the identification of a person may be transferred for scientific and statistical purposes.
11.9. The Customer agrees to use the contact details provided by the Contractor to inform the Customer, to communicate with the Customer; to send messages of medical, informational and/or advertising nature; sending messages, the text of which may contain personal and confidential information about the Customer. Upon the written application of the Customer, the contact details of the latter are excluded from the list of recipients for information and advertising messages.
12.1. Confidential information under this Agreement is defined as the fact of the disappearance of the Customer for medical care, diagnosis, list of provided Services, as well as other information that complies with current legislation, is confidential information (information with limited access).
12.2. The Contractor undertakes to ensure the confidentiality of information received during the performance of this Agreement.
12.3. The Contractor declares that they are obligation about the confidentiality provided in this section, have an indefinite nature, and remain in force after the expiration of this Agreement.
13. RESPONSIBILITY OF THE PARTIES
13.1. The Parties shall be liable for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and this Agreement.
13.2. The customer is responsible for the accuracy of the information provided about their health, compliance with the recommendations of the doctor, their payment for services provided.
13.3. The Contractor is responsible for the quality of services provided.
13.4. In case of delay in payment provided by the Service, the Contractor has the right to demand from the Customer payment of pensions in the amount of double accounting service of the National Bank of Ukraine from the amount of actual debt for each day of germination, and for germination over 30 (thirty) days - additional requirements arrears.
13.5. The following is not an indicator of the improper quality of the Services provided by the Contractor:
13.5.1. complications and other possible effects of the intervention arising from the biological characteristics of the Customer's application and the probability of existing knowledge and technology cannot be determined if the Services are provided based on all the necessary actions and conditions offered for services of this type;
13.5.2. possible discomfort, which is a special medical method, is the result of a reaction to physical, chemical drugs, which are carried out as a result of a reasonable time and about which the Customer was issued by the attending physician;
13.5.3. complications that occurred after the provision of Services in case of gross non-compliance (violation) by the Customer of the recommendations provided by the attending physician.
13.6. The Contractor is released from liability for the result of the services provided and for the school, prevention of the Customer's health, in the case of:
13.6.1. non-compliance with the Customer and the recommendations of the attending physician, the Treatment Plan;
13.6.2. non-appearance or untimely appearance of the Customer at the planned receptions or control medical examinations;
13.6.3. refusal of the Customer from the continuation of treatment and/or early extension of the Agreement;
13.6.4. failure to notify, untimely notification of important information about the state of their health (anamnesis), existing bad habits, or giving unfaithful information by the Customer;
13.6.5. getting medical care from other health care facilities or other medical professionals;
13.6.6. untimely notification of the doctor about the complications arising during the validity of the Agreement by the Customer;
13.6.7. The use of medicines and medical manufacturers of inadequate quality or those not prescribed by the Contractor's doctors;
13.6.8. the occurrence of allergies or intolerance to medications or materials approved for use;
13.6.9. development of diseases or pathologies that are not provided through the provision of services under this Agreement.
13.6.10 correction of works performed by the Contractor by third parties without the consent of the Contractor.
13.7. The Customer informs that modern medicine is not an exact science, from diagnosis and treatment it is impossible to guarantee an accurate and positive effect. The Customer notifies that due to the limited capabilities of modern medicine, the complexity of diagnosis and treatment of certain diseases, individuality and uniqueness of each customer offered to Contractors. Services may not be present in anticipation of results or contribute to customer health, atypical reactions, and complications. which are not taken into account in the industry medical standards (protocols) and are not described in the special literature.
14. CIRCUMSTANCES OF FORCE MAJEURE
14.1. The Contractor shall be released from liability for non-performance or improper performance of obligations under this Agreement in case of force majeure, which does not exist during the setting of the Agreement and occurs against the will of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, war, military action, public riots, strikes, terrorist acts or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, processing in natural gas or drinking water installations, manufacture of equipment and facilities, temporary incapacity of doctors or other medical personnel of the Contractor, etc.).
14.2. The Customer is released from liability for non-performance or improper performance of relations under this Agreement in case of force majeure, which does not exist during the setting of the Agreement and occurs against the will of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, war, public riots, strikes, terrorist acts, anti-terrorist operations, fires, lightning strikes, explosions).
14.3.A Party that is unable to fulfill its obligations under this Agreement due to force majeure shall, if possible, immediately, but not later than within 3 (three) calendar days from the date of such circumstances, notify the other Party.
15. DISPUTE RESOLUTION PROCEDURE
15.1. In case of a dispute or disagreement, the Parties shall resolve it through joint negotiations and consultations.
15.2. In case of failure of the Parties to reach an agreement, disputes (differences) shall be resolved in court in accordance with the legislation of Ukraine.
16. AMENDMENTS TO THE AGREEMENT
16.1. Amendments to this Agreement shall be made by the Contractor unilaterally with the help and distribution on the Contractor's website and paper in the Contractor's Institution - at the reception and/or in the Consumer's Corner (folder). In case of discrepancies between the terms of this Agreement, distributed on the website of the Contractor and the paper media in the Institution of the Contractor, the priority shall be given to the paper ones.
16.2. In case of application of changes to this Agreement (including in case of a change in prices for services) the Contractor is to notify Customers 30 days before the expected date of changes and/or the introduction of new prices when placing advertisements on websites and recipes in premises of the Institution. The announcement of the introduction of new prices may also be published in the Institution within two months from the beginning of their introduction.
16.3. In case of disagreement of the Customer with the changes made to the Agreement, such Customer is obliged to terminate the Agreement within a week from the moment they learned or could learn about the change. Continuation of use of the Services indicates the Customer's consent to the amendments to the Agreement.
17. TERM OF THE AGREEMENT AND OTHER CONDITIONS
17.1. This Agreement shall enter into force on the date of its conclusion and shall remain in force indefinitely, until its termination by either of the Parties in accordance with the procedure established by the Agreement.
17.2. All terms of provision of Services during the implementation of the Treatment Plan are approximate and may vary depending on the state of health of the Customer and other objective or subjective circumstances.
17.3. This Agreement shall be terminated in the following cases:
17.3.1. By mutual agreement of the Parties, including by concluding an Additional Agreement on termination of the Agreement.
17.3.2. At the initiative of the Customer by submitting a written application to the Contractor not 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.
17.3.3. At the initiative of the Contractor in cases of violation by the Customer of the terms of the Agreement and (or) the Rules, provided that all necessary actions are taken to prevent any deterioration of the Customer's health in connection with such refusal. The Contractor shall inform the Customer in writing about the reasons for withdrawal from the Agreement and the date from which the Agreement will be considered terminated. In the absence of communication with the Customer, the notice of termination of the Agreement shall be sent by letter to the address specified in the Agreement. The contract is terminated from the date specified in the notice of the Contractor.
17.4. The Parties unconditionally agree to consider the information provided by the Customer when filling in the relevant questionnaires of the Contractor, which contain the Customer's personal data, or to draw up a Treatment Plan and medical card.
17.5. The Customer understands and agrees that all information posted on the Internet resources of the Contractor is only informational and recommendatory in nature and can not be interpreted as medical information and as an indication of its use in relation to the person of the Customer.
17.6. The rules of stay and service of Customers in the Institution and the current tariffs for medical services are approved by the Contractor and posted on the website, as well as in the Corner (folder) of the consumer in the Institution and provided for review at the first request of the Customer.
17.7. On all documents related to the conclusion and execution of this Agreement, which are provided for their signing by the Customer, along with the signature, the Customer must indicate their name and initials.