Public contract for the provision of medical services
Limited liability company "medical center«Dovira», represented by the Director acting on the basis of the Charter, hereinafter referred to as the "Performer", on the basis of articles 633, 641, 644 of the Civil code of Ukraine, offers medical services to an unlimited number of persons (hereinafter – "Customers"), in accordance with the terms of this Public agreement on the provision of medical services.
1. Generalities
1.1. This Public contract on the provision of medical services (hereinafter "Agreement") is public and defines the terms and conditions of the Customer medical services and for an indefinite period. The terms of this agreement are the same for all consumers, whose unconditional acceptance (ordering and / or paying for medical services by the customer and / or performing other confirming actions) is considered acceptance of this agreement by the customer and certifies the fact of its conclusion.
1.2. The contract is binding for the Contractor from the moment it is published on the Contractor's Website, and for the Customer - from the moment that came earlier: the implementation of the order and / or payment for services under the Contract or the actual beginning of the provision of services. The contract is considered concluded when the Customer accepts its terms and conditions (Confirming the performance of actions).
1.3. 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 changed by the Contractor with mandatory notification to the Customer by publishing it on the Contractor's Website.
If the Customer does not agree with the changes made to the Agreement, the Customer must terminate the Agreement within two days from the date of publication of such changes on the Contractor's Website, notifying the Contractor in writing. Non-termination of the Agreement and continued use of the services indicates that the Customer agrees to the changes made to the Agreement.
1.4. By entering into the Agreement, the Customer confirms that they have read and agree to the terms of the Agreement and the price List of the Contractor posted on the Contractor's Website, and also provides their consent to the collection and processing of their personal data in accordance with the current legislation of Ukraine.
1.5. If a private law (individual) contract is concluded between the Customer and the Contractor for the provision of medical services, the terms of the private law contract shall prevail.
1.6. Definition of terms and concepts:
The customer is a legal entity or individual who has entered into this Public contract with the Contractor for the provision of medical services.
Services (medical services) – a set of Advisory, diagnostic, therapeutic, preventive and rehabilitation measures of varying degrees of complexity and purpose provided by the Contractor under the terms of this Agreement. The list of services, their cost and other information about them are set out directly in the places where the Contractor operates.
Confirmatory actions-actions that indicate an agreement to comply with the agreement and the provisions set out on the contractor's website and in this Agreement. Such actions may include: registering a Patient on the Contractor's Website, ordering services using the Contractor's Website, starting the actual use of medical services, paying for medical services, or other actions that indicate the Customer's consent to the terms of this Agreement.
Website of the Performer – the website of the Performer on the Internet, located at: https://www.mc-dovira.com.ua
Parties – the joint name of the Customer and the Contractor when they are mentioned together in this Agreement.
2. subject of contract
2.1. Under this Agreement, the Contractor undertakes to provide medical services to the Customer, and the Customer undertakes to pay for them in the manner and under the conditions specified in this Agreement.
2.2. The list and cost of medical services is determined in accordance with the price List of the Contractor's prices, placed directly in the places of implementation of the Contractor's activities.
3. Rights and obligations of the Parties
3.1. The performer is obliged to:
- provide the Customer with timely, high-quality and full medical services that are the subject of this Agreement;
- provide medical services using high-quality medical products used to provide services;
3.2. The performer has the right to:
- Make changes to the price List by notifying the Customer of such changes;
- refuse to provide medical services to the Customer if the Customer presents incomplete and / or inaccurate data about his / her identity to the Contractor's medical staff, as well as if the Customer owes the Contractor for the medical services rendered.
- Refuse to provide medical services to the Customer who is engaged for medical care in the medical centers of the Contractor:
- in the case that the client has contraindications for certain medical services.
- if necessary, suspend the provision of medical services to the Customer.
- refuse to provide medical services to a Customer whose treatment has not been started.
- in case of suspicion of alcoholic, narcotic or toxic intoxication of the Customer during the reception;
- if the Customer is late for a doctor's appointment for more than 10 (ten) minutes.
3.3. The customer must:
- make an appointment on the Performer's website at the specified date and time;
- arrive at the place where medical services are provided at the time agreed with the Contractor;
- accept the medical services provided by the contractor in a proper manner, which are the subject of this agreement;
- timely and fully pay for medical services that are the subject of this Agreement, in accordance with the procedure specified in this Agreement;
- strictly adhere to the treatment and/or examination prescribed by the Contractor, the internal regulations of medical institutions and other requirements that ensure high-quality and timely provision of medical services;
- in the case of ordering medical services for your child, ensure that the child is accompanied in the process of providing medical services, as well as proper and timely execution of the child's prescribed treatment and / or examination;
- immediately notify the Contractor of the identified shortcomings in the process of receiving the Customer's medical services, which are the subject of this Agreement, by contacting the Contractor with a complaint addressed to the head of the Department where medical services were provided. Otherwise, the Contractor is not responsible for the negative consequences that may occur as a result of failure to report/untimely notification of such shortcomings.
- If the service is provided to a minor, the duty and responsibility for informing the contractor about the State of his health is borne by his legal representatives.
3.4. The customer has the right to:
- require the Contractor to provide timely and high-quality medical services under this Agreement;
- receive medical information about your health status from the Contractor in accordance with the current legislation of Ukraine;
- prematurely terminate the Agreement in case of non-fulfillment of obligations by the Contractor and in other cases stipulated by this Agreement, notifying the Contractor in writing.
4. Cost of services and payment procedure
4.1. The cost of medical services is determined in the price List of the Contractor that is valid on the date of payment for medical services and is posted on the Contractor's Website.
4.2. Payment for services under the Contract is made in the amount of 100% of the price of the corresponding medical service according to the price List of the Contractor in one of the following ways:
- advance (preliminary) payment by transferring funds in the national currency of Ukraine to the Bank account of the Contractor;
- on the day of the actual provision of medical services (by depositing funds in the national currency of Ukraine in the Contractor's cash register or in any other way not prohibited by the current legislation of Ukraine), unless otherwise provided by a private legal agreement on the provision of medical services concluded between the Parties.
- Payment with deferred payment by prior agreement with the Contractor.
4.3. If the Customer refuses to receive actually paid medical services, but not less than 12 (twelve) hours before the start of their actual provision, the funds are returned to the Customer in the manner specified in this Agreement. In the event of a customer's refusal, less than
12 (twelve) hours before the actual provision of services, the funds are not returned to the customer.
4.4. Refunds are made on the basis of a written request from the Customer, in which the Customer must specify their passport details and add a copy of the passport and a receipt or receipt to the specified application. In the absence of a receipt or receipt, the Contractor has the right to refuse the Customer a refund of funds paid in accordance with this Agreement. The refund period is
10 (ten) banking days from the date of receipt by the Contractor of the application for a refund.
5. Procedure for providing services
5.1. Medical services are provided at the actual place of implementation of the Contractor's activities, agreed by the Parties when making an appointment with the Customer.
5.2. If the Customer does not submit a written reasoned refusal to accept the services within 1 (one) business day from the date of actual receipt of the services, the services are considered accepted by the Customer without reservations and without claims.
5.3. In the case of a reasoned refusal of the Customer to accept medical services, the Parties resolve disputes through negotiations.
6. responsibility of parties
6.1. For non-fulfillment or improper fulfillment of obligations under this Agreement, the Parties are responsible, established by this Agreement and the current legislation of Ukraine.
6.2. The contractor shall not be liable without fault, as well as for damage caused to the Customer's health, which occurred in the course of providing medical services under this Agreement as a result of:
– failure to appear or untimely appearance of the Customer for scheduled visits or follow-up medical examinations;
- early termination by the Customer of the prescribed treatment (examination, etc.);
- early termination of this agreement on the customer's initiative;
- failure or untimely notification by the Customer of essential information about the state of their health, including the presence of allergic or other specific reactions to medicines, atypical structure of organs or systems, the presence of diseases that pose a threat to others and medical staff;