Public contract on the provision of medical services

LLC “Medical Center “Clinical Academy of Laser Medicine”, which operates on the basis of the charter and license for conducting business activities in medical practice (decision of the Ministry of Health of Ukraine on the issuance of a license dated 19.08.2019 No. 04/1908-М) under the sign for goods and services” CALM”, hereinafter “Executor”, on the one hand, and an individual who receives medical services on a paid basis at a clinic at one of the addresses of the Executor, hereinafter “Customer” or “Patient”, hereinafter collectively referred to as “Parties”, and each separately – a “Party”, concluded this Public Agreement on the provision of medical services (hereinafter – the “Agreement”) on the following:

1. General provisions

1.1. This Agreement has the character of a public offer in accordance with the current legislation of Ukraine (Articles 633, 641 of the Civil Code of Ukraine). The provisions of Art. 634 of the Civil Code of Ukraine. The terms of the Agreement are the same and binding for all Customers (Patients). This Agreement defines the procedure and conditions for the provision of Services by the Contractor, which are provided in accordance with the Contractor’s license to carry out economic activities in the field of medical practice (decision of the Ministry of Health of Ukraine on the issuance of a license dated August 19, 2019 No. 04/1908-М).

1.2. Evidence of full and unconditional acceptance of the terms of this Agreement, as well as the date of conclusion of the Agreement, is the execution of actions by the Customer regarding registration, confirmation and payment of the Services.

1.3. The customer guarantees that he has the legal capacity necessary and sufficient to enter into and execute this Agreement in accordance with its terms.

1.4. The executor confirms that he has all the necessary permits to carry out economic activities in the field of medical practice related to the execution of this Agreement.

1.5. The executor carries out his activities guided by the Civil Code of Ukraine, the Laws of Ukraine “Basics of Ukrainian legislation on health care”, “On the protection of consumer rights”, “On the protection of personal data”, other regulatory legal acts, the norms of which apply to economic activity with medical practice.

1.6. Definition of terms:

The executor is LLC “Medical Center “Clinical Academy of Laser Medicine”, which operates on the basis of the charter and license to conduct business activities in medical practice (decision of the Ministry of Health of Ukraine on the issuance of a license dated 19.08.2019 No. 04/1908-М) under the sign for goods and of “CALM” services, place of activity: Kyiv, av. Kolomiyskyi 17/31a, identification code 40923391.

The Customer is a natural person who has legal capacity sufficient to enter into this Agreement and has applied to the Contractor for medical services.

A patient is a natural person to whom the Services are provided directly. A patient can be a Customer of Services if he has sufficient civil legal capacity in accordance with the provisions of Articles 31 and 32 of the Civil Code of Ukraine, taking into account the norms of Articles 38 and 43 of the Law of Ukraine “Basics of the Legislation of Ukraine on Health Care”.

Service is a medical service provided by the Contractor in accordance with the statutory goals of his activity and for the purpose of diagnosis, treatment, prevention or rehabilitation of diseases, pathologies or conditions of the Patient.

The content of other concepts and terms is determined by the current legislation of Ukraine.

2. Subject of the Agreement

2.1. Under this Agreement, the Contractor undertakes to provide the Patient with Services of appropriate quality in accordance with the current prices (tariffs) of the Contractor within the established terms and in the manner determined by this Agreement, the local regulations of the Contractor and the current legislation of Ukraine, and the Customer (Patient), in turn, undertakes to accept and pay for the Services in accordance with the terms of this Agreement.

3. Rights and obligations of the Parties

3.1. The executor has the right to:

3.1.1. Approve and make changes to the list of Services provided by the Contractor, posted on the Contractor’s website at https://calm.ua/, regarding the order and terms of provision of each Service.

3.1.2. If necessary, involve health care institutions and / or individual entrepreneurs who have a license to carry out economic activities from medical practice, on the basis of a contract for the provision of individual Services to Patients.

3.1.3. Accept payment for Services.

3.1.4. Refuse to provide Services in case of detection of contraindications to the use of appropriate methods of prevention, diagnosis, treatment, rehabilitation.

3.1.5. In the cases stipulated by the current legislation of Ukraine, limit the provision of medical information to the Customer (Patient).

3.1.6. To change the time of providing the Service in case of unforeseen absence of the medical worker chosen by the Customer (Patient) or to appoint another medical worker with the consent of the Patient.

3.1.7. To require the Customer (Patient) to comply with the terms of this Agreement.

3.1.8. In case of violation by the Patient of the recommendations of the Contractor’s medical workers regarding preparation for the provision of Services, improper behavior of the Customer (Patient), in particular, violation of the rules of the internal procedure, the Contractor has the right to terminate this Agreement from the moment of detection of these violations by the Customer (Patient). At the same time, the cost of the Services that were actually provided is non-refundable.

3.1.9. Use the contact data (e-mail address, phone number) specified by the Customer (Patient) to send messages to the Customer (Patient) regarding the procedure for the provision of Services, the results of their provision.

3.2. The performer undertakes:

3.2.1. To provide the Customer (Patient) with information, including information about the list of Services with an indication of their cost and the conditions for providing and receiving these Services.

3.2.2. Provide Services in accordance with the terms of this Agreement and in compliance with the requirements of the current legislation of Ukraine. Services are provided in accordance with industry standards in the field of health care and/or unified or new clinical care protocols, patient pathways approved in the prescribed manner. The Contractor is obliged to provide Services only in those specialties for which medical practice is permitted in accordance with the license obtained by the Contractor for the conduct of economic activity in the field of medical practice.

3.2.3. To ensure compliance with the requirements of the Licensing conditions for carrying out economic activities in medical practice, approved by the Cabinet of Ministers of Ukraine.

3.2.4. In the provision of Services, use methods of prevention, diagnosis, treatment, rehabilitation, medicinal products and medical products permitted for use in accordance with the procedure established by the current legislation of Ukraine.

3.2.5. Maintain and store medical records. Provide the Customer (Patient) with extracts from medical documentation, certificates and advisory opinions, the need to provide which is established by the current legislation of Ukraine or the agreement of the Parties.

3.2.6. To provide the Customer (Patient) with medical information within the limits and in the manner determined by the current legislation of Ukraine.

3.2.7. Inform the Customer (Patient) in a timely manner in case of inability to provide the Services in whole or in part.

3.2.8. To ensure a confidentiality regime regarding the process and results of the provision of Services in accordance with this Agreement and the requirements of the current legislation of Ukraine.

3.3. The Customer (Patient) has the right to:

3.3.1. Receive Services of appropriate quality.

3.3.2. To receive from the Contractor the information provided for by the current legislation of Ukraine and this Agreement.

3.3.3. Choose a method of payment for the Service that is convenient for the Customer (Patient) from those offered by the Contractor.

3.3.4. Contact the Contractor with suggestions, statements, feedback, etc. regarding the Services provided.

3.4. The Customer (Patient) undertakes:

3.4.1. Pay the cost of the Contractor’s Services in accordance with the terms of this Agreement.

3.4.2. Arrive at the place of receiving Services on the date and time specified by the Contractor.

3.4.3. Provide reliable information and documents necessary for the identification of the Customer (Patient) before the provision of Services, as well as for obtaining information about the results of the provision of Services.

3.4.4. Properly fulfill the terms of this Agreement, observe the rules for providing Services under this Agreement, the rules of the Contractor’s internal procedures.

3.4.5. To inform the Contractor’s medical staff about the medicines used by the Patient, about all known defects, diseases, allergic or specific reactions to medicines and food products, to provide other information about the Patient’s state of health.

3.4.6. Follow the Contractor’s recommendations regarding the rules of preparation for the provision of Services with the aim of helping to ensure the quality of the provision of Services, the reliability of the results of reviews and examinations, laboratory tests to exclude factors that may affect their results, and also follow post-treatment recommendations.

3.4.7. Inform the Executor about the circumstances that prevent the Customer (Patient) from performing this Agreement

4. Consent for medical intervention, examination, examination

4.1. When confirming the Order, the Customer (Patient) agrees that he is familiar with the nature of each ordered Service, the risks of medical intervention/examination/examination during its performance, the right to demand the termination of the procedure, understands the purpose and nature of the medical intervention/examination/examination and gives his consent to medical intervention, examination, examination in accordance with the Law of Ukraine “Basics of the Legislation of Ukraine on Health Care”.

4.2. The Customer (Patient) confirms the provision of the patient’s informed voluntary consent for diagnosis, treatment and operation and analgesia.

4.3. The Customer (Patient) understands that in the case of providing Services using means of remote communication, diagnoses and medical recommendations are not final, and in most cases there is a need for a direct examination, examination of the Customer (Patient) by a doctor at the place of economic activity from medical practice .

5. Personal data of the Customer (Patient)

5.1. The fact of payment for the Service certifies that the Customer (Patient) has given consent to the Contractor for the processing of his personal data in the database of personal data owned by the Contractor.

6. Confidentiality

6.1. According to this Agreement, the information about the fact of the Patient’s application for the Services, the list of the information provided to the Ambassador is recognized as confidential

7. Cost and terms of payment for Services

7.1. Up-to-date information on the List of Services of the Contractor and their cost is provided at the specific place (address) of provision of services during the personal appeal of the Customer (Patient) or by the telephone numbers indicated on the Contractor’s website. The Contractor’s website is not a source of the final cost or list of services of the Contractor, but is an informative resource that provides a generalized understanding of the areas of activity of the Contractor and approximate prices.

7.2. The cost of Services is established in the manner determined by the Charter and local regulatory acts of the Contractor in accordance with the current legislation of Ukraine.

7.3. The cost of Services is paid in the national currency of Ukraine – hryvnia.

7.4. The Contractor guarantees compliance with the confidentiality and non-disclosure of information regarding the Services received and transactions carried out, except for cases provided for by the current legislation of Ukraine.