Public contract for the provision of medical services

 

This document is an offer to enter into an agreement on the terms and conditions set forth below with any person who accepts the terms and conditions of this public offer. The Agreement establishes the general terms and conditions for the provision of services to Patients by the Contractors using the website. The actual use of the website is the person's consent to this Agreement and acceptance of its terms. The Agreement has the character of a public offer in accordance with the current legislation of Ukraine (Articles 633, 634, 641, 642 of the Civil Code of Ukraine), the terms of this Agreement are the same and binding for all and apply to all services provided by the Contractors.

 

1. DEFINITION OF TERMS

1.1. The Contractor or the Medical Institution shall mean the LIMITED LIABILITY COMPANY “OXFORD MEDICAL CLINIC” and/or MEDICAL CENTER GROUP LIMITED LIABILITY COMPANY and/or OXFORD MEDICAL PECHERSK LIMITED LIABILITY COMPANY and/or DOCTOR OXFORD LIMITED LIABILITY COMPANY and/or ENDOCENTER LIMITED LIABILITY COMPANY together or individually, which are healthcare institutions licensed to carry out business activities in the field of medical practice.

1.2. Customer or Patient - an individual who has entered into this Public Agreement for the provision of medical services with the Contractor.

1.3. Under medical services (medical care), the parties understand the type of professional activity of the Contractor, which involves the application of special health measures (resulting in the improvement of the general condition, functioning of individual organs or systems of the human body). Medical services include: consultations of medical specialists on issues of medical and non-medical treatment, a set of laboratory, diagnostic examinations, medical, preventive and rehabilitation measures of varying degrees of complexity and purpose, etc. provided by the Contractor under the terms of this Agreement. The list of services, their cost and other information about them are set out on the Contractor's Website and directly at the Contractor's places of business.

1.4. The quality of the Medical Services provided in the Medical Institution shall be understood by the Parties as

• a set of organizational, medical, sanitary and hygienic conditions for medical support of the Patient, in accordance with this Agreement and the standards adopted in the healthcare sector of Ukraine for the provision of medical care to the Patient;
• unconditional compliance by the Medical Institution with medical and ethical standards and confidentiality of communication with the Patient.

1.5. Confirmation Actions - actions that indicate consent to the conclusion of this Agreement/compliance with its terms, which may be considered one of the following actions

• contacting the Medical Institution by registering through the Call Center by phone numbers: (044) 204-40-40, as well as the phone numbers indicated on the Contractor's website;
• ordering services using the Contractor's Website;
• registration of the Patient/Customer on the Contractor's Website with the notification of the surname, name and patronymic,
• providing informed voluntary consent of the Patient for diagnosis, treatment and surgery;
• filling out a patient questionnaire;
• Actual start of service provision;
• signing other documents related to the provision of medical services in the forms developed by the Contractor;
• the patient's voluntary consent to receive messages and letters of informational, promotional, educational and recommendation content from the Contractor;
• payment for medical services or other actions that indicate the consent of the Patient/Customer to the terms of this Agreement.

1.6. The Contractor's website is the Contractor's website on the Internet located at: https://oxford-med.com.ua

1.7. Parties - the joint name of the Customer and the Contractor.  

 

2. GENERAL TERMS AND CONDITIONS

2.1 This Public Agreement for the provision of medical services (hereinafter referred to as the “Agreement”) is public and defines the terms and conditions for the provision of medical services by the Contractor to the Customer and is concluded for an indefinite period. The terms of this Agreement are the same for all Patients/Customers, unconditional acceptance of its terms (ordering and/or payment for medical services by the Customer and/or performing other Confirmation Actions) shall be deemed acceptance of this Agreement by the Customer and shall certify the fact of its conclusion.

2.2. The Agreement shall be binding on the Contractor from the moment of its publication on the Contractor's Website, and on the Customer from the earlier of the ordering and/or payment for services under the Agreement or the actual commencement of the provision of services. The Agreement shall be deemed concluded at the moment of acceptance by the Customer of its terms (performance of any Confirmation Action).

2.3. The terms of the Agreement are determined by the Contractor independently and in accordance with the current legislation of Ukraine. The Agreement and/or its individual provisions may be amended by the Contractor with the obligatory notification of the Customer by publishing it on the Contractor's Website. In case the Customer disagrees with the amendments to the Agreement, the Customer shall terminate the Agreement within three days from the date of publication of such amendments on the Contractor's Website by notifying the Contractor in writing. Non-termination of the Agreement and continued use of the services indicates the Customer's consent to the amendments to the Agreement.

2.4. By concluding the Agreement, the Customer confirms that he/she is familiarized and agrees with the terms of the Agreement and the Contractor's Price List posted on the Contractor's Website, and also agrees to the collection and processing of his/her personal data in accordance with the procedure established by the current legislation of Ukraine.

2.5. In case of conclusion between the Customer and the Contractor of a civil law (individual) contract for the provision of medical services, the terms of the civil law contract shall prevail.

2.6. Provision of medical services under the terms of the insurance policy is subject to the prior conclusion by the Contractor of the relevant Agreement with the insurance company.

 

3. SUBJECT OF THE AGREEMENT

3.1 In accordance with the terms of this Agreement, the Contractor undertakes to provide the necessary medical services (medical care) (hereinafter referred to as Medical Services), including preventive, therapeutic, diagnostic, rehabilitation and other services that meet the requirements for diagnostic, preventive and treatment methods permitted in Ukraine, on a paid basis. The type, scope, phasing and other characteristics of the services are determined in accordance with the Treatment Plan, which means, both individually and together, the following documents: a list of medical prescriptions, a list of prescriptions for narcotic drugs, psychotropic substances and precursors for patients receiving treatment in inpatient or outpatient settings, a consultative opinion, other medical documentation in which the Contractor indicates treatment recommendations.

3.2. The Parties, on the basis of a bilateral agreement, agree that the price (cost), name and list of Medical Services to be provided to the Customer in accordance with the terms of this Agreement shall be determined based on the list (names) and prices (cost) posted on the Contractor's website, which is valid as of the date of provision of assistance.

3.3. The Customer voluntarily undertakes to pay for the medical services (medical care) provided to him/her in the manner and on the terms and conditions provided for in this Agreement.

 

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 Rights and obligations of the Contractor:

4.1.1. Provide the Patients with the necessary qualified medical care and medical services in a timely manner and of appropriate quality, in accordance with the methods, protocols and standards approved by the Ministry of Health of Ukraine, in accordance with the medical specialties of the Medical Institution.

4.1.2. Require the Customer to fulfill its obligations under this Agreement in a proper, timely and full manner.

4.1.3. Not to start or suspend the provision of services to the Customer in case of detection of diseases or conditions during the examination in which the Contractor's specialists cannot perform medical intervention, in accordance with legal or licensing restrictions, as well as the technical capabilities of the Contractor's institution;

4.1.4. In special cases provided for by the current legislation of Ukraine, restrict the provision of medical information to the Customer;

4.1.5. To involve specialists from other medical institutions in the performance of this Agreement, as well as to perform certain medical interventions (procedures, examinations, tests, etc.) in other medical institutions.

4.1.6. To provide services in accordance with the treatment plan, to inform the Customer about the cost, purpose, terms of service, effectiveness of the selected methods, as well as about possible risks and complications during and after their use, which are reflected in the informed consent.

4.1.7. To observe absolute confidentiality of information about the state of health, the results of examinations and examinations, intimate and family life of the Customer;

4.2. The Contractor has the right to make changes to the Price List by notifying the Customer of such changes by posting information on the Contractor's Website or in another available way.

4.3. Rights and obligations of the Customer:

4.3.1. Require the Medical Institution to fulfill its obligations under this Agreement in a proper, timely and full manner.

4.3.2. In case of deficiencies in the process of receiving medical services, immediately inform the Contractor in the manner prescribed by this Agreement.

4.3.3. The Customer shall receive from the Contractor any medical information about his/her health status.

4.3.4 Medical information constituting a medical secret shall be provided to the Contractor directly to the Client and/or his family members.

4.3.5. The fact that the Customer has concluded the Agreement indicates that the Customer and the Customer's family members have familiarized themselves with the current Price List and the cost of the relevant programs.

4.3.6. The Customer, in case of purchasing services for his/her child, shall ensure that the child is accompanied in the process of providing medical services and monitor the proper and timely implementation of the treatment (examination) prescribed by the Contractor.

4.3.7. Receive information about the qualifications and certificates of the Contractor's specialists;

4.3.8. Replace the doctor at any stage of treatment or provision of medical services.

4.4. The Customer is obliged to:

4.4.1. make timely payment for the provided Medical Services in accordance with the terms of this Agreement.

4.4.2. Attend appointments, examinations, procedures specified in the treatment plan in a timely manner, conscientiously follow the prescriptions and recommendations of the attending physician and other medical personnel involved in the provision of medical care under this Agreement, and comply with the rules of stay in the Medical Institution of the Contractor;

4.4.3. Provide true personal data, as well as information about the state of health, existing and past diseases, allergic reactions, bad habits, etc., which shall be recorded in the medical records. The result of treatment depends on the accuracy of the information provided about the Customer.

4.4.4. Fill out the information consent, forms of other documents proposed for signing by the Contractor for the provision of services.

4.4.5. Appear at the appointed consultations, additional examinations, control and preventive examinations, including commissions with the participation of specialists of medical institutions appointed by the Contractor's specialists.

4.4.6. Immediately and timely notify the attending physician of any complications after medical interventions (procedures) or deterioration of health due to illness, injury, etc.

4.4.7. Take care of the property of the Contractor and the property of other patients of the Medical Center.

 

5. COST OF SERVICES. TERMS AND PROCEDURE OF PAYMENT

5.1. The cost of medical services is determined in the Contractor's Price List, which is valid on the date of payment for medical services and is posted on the Contractor's Website.

5.2. Settlements under this Agreement shall be made in the national currency of Ukraine - hryvnia.

5.3. Payments for the scope of medical services provided for in this Agreement shall be made by the Customer by depositing funds to the Contractor's cash desk, or by transferring funds to the Contractor's bank account, or by transferring funds to the Contractor's bank account in the form of an advance payment (prepayment), in accordance with the Price List effective as of the date of service provision.

5.4. If the Customer has made a transfer of funds to the Contractor's bank account in the form of an advance payment (prepayment) and the Contractor has provided the Customer with medical services in the amount of the advance payment (prepayment), and the Customer has expressed a desire to receive further medical services from the Contractor, the Customer shall pay for the Contractor's services by making an additional advance payment (prepayment).

5.5. In case of the Customer's unilateral refusal to accept medical services, he/she shall reimburse all costs incurred by the Contractor for their preparation or performance, including the cost of medicines and materials prepared for use.

5.6. The terms of this section regarding payment for services shall not apply to cases of providing the Customer with medical services that are paid for by insurers in accordance with voluntary health insurance contracts or other third parties.

5.7. Any medical services under this Agreement may be paid for by a third party.

 

6. PROCEDURE FOR PROVISION AND ACCEPTANCE OF WORK PERFORMED

6.1. Medical services are provided at the actual place of business of the Contractor, which is agreed by the Parties when the Customer makes an appointment.

6.2. Upon the provision of medical services, the Contractor shall provide the Customer (the Customer's family members) with an act of delivery and acceptance of work, indicating the following information

• name of the Parties;
• full name of the Customer, date of birth, diagnosis;
• name and list of works (services) performed by the Contractor;
• the cost of the work (services) performed in accordance with the Price List in force at the time of service provision, taking into account the terms of this Agreement.

6.3. On the day of receipt of the act of delivery and acceptance of works, the Customer shall sign it and hand over to the Contractor a copy of the act of delivery and acceptance of works signed by him or a written reasoned refusal to accept them. In case of failure to sign the act of completion and failure to provide a written refusal within the above period, the act shall be deemed accepted by the Customer, the services shall be deemed accepted by the Customer without reservations and without claims.

6.4. In case the Customer provides a reasoned refusal to sign the act of work performed, the Parties shall resolve the issue in the manner prescribed by applicable law.

 

7. RESPONSIBILITY OF THE PARTIES, DISPUTE RESOLUTION PROCEDURE

7.1. In case of failure to fulfill the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

7.2. Issues on which the Parties have not reached an agreement during the negotiations shall be considered in accordance with the current legislation of Ukraine.

4. The recovery of a forfeit (penalty, fine) by the Parties shall not relieve the guilty Party from the obligation to properly fulfill the overdue obligation and to reimburse the other Party for losses in full (in excess of the forfeit, penalty, fine).

7.5. When entering into this Agreement, the Parties have discussed and understand that modern medicine is not an exact science, most medical interventions do not give a guaranteed result and sometimes may fail altogether. The Customer and its representatives also understand that due to the limited capabilities of modern medicine, the complexity of detecting and treating certain diseases, the individuality and uniqueness of each patient's body, the medical interventions and procedures proposed by the Contractor may be ineffective, and deterioration of health, atypical reactions and complications may occur.

7.6. The Contractor shall be responsible for the quality of medical interventions (procedures) performed by its personnel.  

7.7. The Contractor shall not be liable without fault, as well as for damage to the Patient's health as a result of

• failure to appear or untimely appearance of the Patient for scheduled visits or control medical examinations;
• early termination of the prescribed treatment (examination) by the Patient;
• failure to notify or untimely notification by the customer of essential information about the state of health or body structure;
• non-compliance by the Patient with the instructions and recommendations of the Contractor's physicians, violation of the treatment regimen.

 

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The Parties shall be released from liability for failure to fulfill obligations under this Agreement if such failure is due to force majeure circumstances that arose after the conclusion of this Agreement.

8.2. Force majeure circumstances shall mean circumstances that arose after the conclusion of this Agreement as a result of emergency events unforeseen by the Parties, including fires, floods, earthquakes, natural disasters, epidemics, quarantine, state of emergency, explosions, hostilities, adoption of legislative acts, as well as other circumstances beyond the control of the Parties that make it impossible, in whole or in part, to fulfill the terms of this Agreement.

8.3. Proof of force majeure shall be documentary evidence of the Chamber of Commerce and Industry of Ukraine.

 

9. TERM OF VALIDITY AND PROCEDURE FOR CHANGING THE TERMS OF THE AGREEMENT

9.1 This Agreement shall enter into force from the date of its conclusion and shall remain in force until the Parties have fully fulfilled their obligations under the Agreement.

9.2. Either party shall have the right to terminate this Agreement unilaterally by notifying the other party in writing 15 (fifteen) calendar days prior to the date of termination, unless otherwise provided for in this Agreement.

9.3. Termination of this Agreement shall not release either Party from fulfillment of obligations that arose before the date of termination.

 

10. CONFIDENTIALITY AND TERMS OF INFORMATION

10.1. Each of the Parties shall ensure strict confidentiality of information received from the other Party in the course of concluding and fulfilling the terms of this Agreement. The transfer of this information to third parties, its publication or disclosure in any other way may take place only with the written consent of both Parties, regardless of the reasons and date of termination of the Agreement, except as provided by the current legislation of Ukraine.

10.2. When undergoing medical procedures, the Customer shall sign a document confirming that he/she agrees to their use. Such consent is based on a conscious, independent and voluntary decision, taking into account all the risks and possible complications that may arise during medical interventions (procedures).

10.3. Minors, underage or incapacitated patients shall be admitted only in the presence of their legal representatives. Legal representatives shall give consent to the provision of medical services to persons in whose interests they act. In this case, the legal representatives shall act as the Customer of this Agreement and undertake to comply with the terms and conditions set forth herein.

10.4. Information about the degree, procedure and special conditions of medical interventions (procedures), possible risks and complications for the health of the Customer / Patient shall be communicated to him or her orally, and, if necessary, by drawing up a relevant document.

 

11. FINAL PROVISIONS

11.1. The Contractor shall make every effort to ensure that the information posted on its website is up-to-date and useful at the time of its publication, and shall not be liable for the use of this information as a result of possible inaccuracies, errors and omissions. The Contractor shall not be liable for any material or other damages for intentional or unintentional damage that may arise as a result of the use of information posted on the Contractor's Website, which may cease to be relevant, may be incomplete, contain technical or grammatical inaccuracies.

11.2. The Contractor has the right to make changes and additions to the Contractor's services and other information posted on the Contractor's Website without prior notice.

11.3. Website visitors may follow hyperlinks to external information resources and/or websites. The posted hyperlinks do not imply a connection between the Contractor and external resources. The Contractor shall not be liable for the content, correctness, legality and reliability of information posted on external resources.

11.4. All medical records for the Customer are the property of the Contractor and are stored at the Medical Center.

11.5. The Contractor reserves the right to take photographs before and after the provision of medical services to compare the results, as well as to use these photographs on its own website, for scientific and demonstration or other purposes, to which the Customer agrees by concluding this Agreement.

11.6. The Customer agrees that the Contractor may record telephone conversations for the possibility of further reference to them in case of disputes, as well as in the settlement of conflict situations under the Agreement.