OFFERING AGREEMENT
PUBLIC CONTRACT on provision of dental servicesExpocentre with LIMITED LIABILITY “DENT-HAUS FAMILY STOMATOLOGY CLINIC”, represented by Director Balykov Victor Vladimirovich, acting on the basis of the Charter (hereinafter referred to as the “Contractor”), and an individual referred to as the “Patient”), together referred to as the “Parties”, and each separately referred to as the “Party”, have concluded this contract as follows.
GENERAL CONDITIONS
In accordance with Articles 633, 634, 641 of the Civil Code of Ukraine this Contract is a public Contract (public offer), containing all the essential conditions of the provision of dental services by the Contractor and offers an unlimited number of individuals (Patients) to receive dental services on the terms and conditions defined by this Contract. The conditions of the present Contract are established identical for all Patients, except for those who are granted by the legislation of Ukraine corresponding privileges in case of their availability. The Contractor has no right to refuse to conclude the present Agreement if he has the possibility (including technical, personnel, organisational, etc.) to provide the Patient with dental services. The Contract shall be binding on the Contractor from the moment of its publication on the Contractor’s website. The Patient, when verbally or in writing applying for dental services at the medical institution of the Contractor, accepts (accepts) all the terms and conditions of this Agreement, and the date of the first application with the consent of the Parties shall be considered the date of conclusion of this Agreement. Additional proof of the conclusion of this Agreement may be the performance of confirming actions by the Patient: signing of the treatment plan, beginning of the actual use of services, payment of the invoice, etc. The Patient is considered to be familiarised with the Contract at the moment of conclusion of the Contract. Changes to this Agreement shall be made unilaterally by the Contractor and published on the Contractor’s website and on paper in the Contractor’s medical centre (at the reception desk and/or in the consumer corner). In case of any disagreement between the terms and conditions of this Agreement published on the Contractor’s website and on paper at the Contractor’s medical centre, the paper copy shall prevail. In case of amendments to this Agreement (including in case of introduction of new tariffs for the Services), the Contractor shall notify the Patients thereof 7 days prior to the expected date of introduction of amendments and/or introduction of new tariffs by placing an announcement on the website and at the reception desk in the premises of the medical facility. Announcement on introduction of new tariffs shall also be placed in the medical facility within 1 month from the beginning of their introduction. If the Patient does not agree with the changes made to the Contract, such Patient shall be obliged to terminate the Contract within one week from the moment when he/she learnt or could have learnt about the changes. Continued use of the Services shall be evidence of the Patient’s consent to the changes made to the Contract. The Contractor confirms that it has all the necessary permits to carry out business activities in medical practice related to the performance of this Agreement and shall be liable in case of violation of the Patient’s rights in the course of the performance of the Agreement and implementation of the Services. The Contractor provides dental services on the basis of the licence for medical practice issued by the order of the Ministry of Health of Ukraine dated 09.02.2012 No. AG 597297. In case the legislation of Ukraine establishes norms, which contradict this Agreement, the relevant norms of the legislation of Ukraine shall prevail in application.
TERMS, CONCEPTIONS AND DEFINITION
In this Contract the following terms, concepts and definitions are used in the following meaning:
Dental service – a certain action or set of actions performed by medical workers in the Contractor’s institution for the purpose of prevention, diagnosis, treatment or rehabilitation of diseases, pathologies or conditions of the Patient.
Patient – a natural person who has applied to the Facility for dental services and has concluded an agreement with the Contractor on the provision of such services. If the consumer of the Services is a minor or incapacitated person, the legal representative of such a person shall acquire the rights and obligations stipulated by this Agreement for the Patient.
Family Dent-House Clinic of Family Dentistry (hereinafter referred to as the Facility) is a health care institution established by the Contractor and located at the address: Odessa, Nezhinskaya St., dom. 41.
Contractor’s Website – a web-page in the Internet at https://dent-house.od.ua, which is the official source of informing the Patients about the Contractor and the services provided by the Contractor.
Treating doctor – a doctor of the Contractor who provides dental services to the Patient in the Facility.
Treatment plan – a set of preventive, therapeutic, diagnostic, rehabilitation measures, medical manipulations, etc., selected by the doctor for each Patient separately and agreed upon with the Patient, necessary for achieving positive results of treatment of the Patient’s disease, indicating the stages of treatment, the list of medical interventions, the oriented terms of treatment and the oriented cost of treatment in the prices valid on the day of drawing up the treatment plan
Schedule of visits – a schedule of the prescribed dental services, in which the Patient’s dental services are provided.
Informed Consent – the Patient’s consent to the medical intervention, which may be executed in writing, by signing a separate form approved by the Contractor or the corresponding wording in the medical documentation (medical card, etc.).
Rules – Rules of stay and service of patients in the Institution, approved by the Contractor and binding on the Patient, which the Patient is obliged to familiarise himself with upon conclusion of the contract.
PROPERTY OF CONTRACT The Contractor undertakes to provide the Patient (or the person in whose interests this Contract is concluded) with one or more paid dental services from the List of medical services of the Contractor in accordance with the established diagnosis (hereinafter referred to as the Services), and the Patient undertakes to accept and pay for the Services on the terms and conditions defined by this Contract. The scope, type, cost and terms of the Services shall be determined taking into account the Patient’s health, medical indications, the Patient’s wishes and the Executor’s technical capabilities. On the basis of the primary examination of the Patient, the attending physician shall establish a preliminary diagnosis, determine the methods and possible treatment options, the consequences of treatment and expected results, the degree of risk and possible complications, and inform the Patient in detail. Based on the results of the initial examination, the doctor draws up a Treatment Plan, which determines the scope of Services agreed upon by the Parties and their preliminary cost. A prerequisite for the fulfilment of the Agreement is the Patient’s consent to the proposed Treatment Plan certified by the Patient’s signature. During the validity of the Contract, the Parties may draw up several
Treatment Plans (in this case the terms and conditions of an additional Treatment Plan shall be an addition to the previous Treatment Plan) or change the Treatment Plan. The Patient agrees that if there is a need for additional examination or consultation of a specialised medical specialist not available at the Contractor, he/she shall be obliged to undergo such examination or consultation within the terms set by the Contractor, paying for these services according to the tariffs of the relevant medical institutions. The services are provided in the medical institution of the Contractor – the Facility in accordance with the Rules, using certified equipment and approved medical devices and materials. The attending physician is appointed by the Executor in agreement with the Patient. The Services shall be provided in accordance with the Patient’s Informed Voluntary Consent for diagnostics, treatment, surgery and anaesthesia, which shall be executed in the form established by the legislation and may be additionally executed in the form determined by the Executor before the first Service and before the provision of the Services, the list of which is determined by the Executor. The Parties have agreed that signing of the informed consents is a necessary precondition for the beginning of rendering the Services. The Service is provided by prior appointment, which is made by phone. Provision of the Services without an appointment is possible only in cases when there is no prior appointment of other persons of the Patients. The date and time of provision of each Service shall be agreed upon by the Provider and the Patient verbally or in writing/electronically (by agreeing on the schedule of visits). The date and time of each Service may be changed with a mandatory notice at the initiative of the Patient or the Provider before the due date of such Service. In case of lateness, the Patient is obliged to notify the administrator of the Facility in advance. In case of lateness, which resulted in a shift of the appointment schedule, the Patient shall be assigned another appointment time at the discretion of the Provider. The date and time of each Service may be changed at the initiative of the Provider in case of:
- if the Patient’s health condition before the commencement of the Service makes it impossible to provide the Service or significantly increases the risks of complications, threat to the Patient’s life or health or other severe or adverse consequences.
- occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Service.
The Contractor has no right to disclose to third parties information about the disease, medical examination, examination and their results, intimate and family aspects of the Patient’s life, which became known in connection with the execution of this Agreement, except as provided by the legislation of Ukraine. The cost of the Services provided under this Agreement shall be determined in accordance with their volume and tariffs for the Services approved by the Contractor. The tariffs for the Services shall have the legal force of an agreement on the agreed price. The preliminary cost of the Services shall be specified in the Treatment Plan and shall not include the cost of treatment of latent pathologies that may be discovered in the course of treatment. The prices stated in the Treatment Plan shall be valid for ten days from the date of drawing up the Treatment Plan. After the expiry of this period, the cost of the Services shall be determined on the basis of the Executor’s tariffs valid at the time of provision of the Service. The Services shall be paid by the Patient in one of the following ways at the Patient’s choice:
- payment in cash to the Executor’s cash desk;
- payment by payment card using the payment device of the Executor’s bank;
- payment of the Contractor’s invoices by bank transfer.
Services shall be paid for by the Patient on the day the Service is provided, either before the Service is provided or after the Service is provided, in the amount of the full cost of the Service provided in a particular visit. The Patient has the right to prepay for the services specified in the Treatment Plan. The cost of services paid by the Patient as a prepayment cannot be revised by the Contractor in case of changes in the tariffs for the Services and shall be set in accordance with the tariffs in force on the day of payment. For certain types of Services, providing for preliminary expenses of the Executor (individual ordering of therapeutic constructions for the Patient from third parties – laboratories, etc.), the Patient is obliged to make an advance payment in the amount of 100% of the cost of such constructions. Non-cash payment services are provided only on condition of 100% prepayment. If the sum of the cost of all components of the provided Services exceeds the prepayment made by the Patient, the Patient shall pay the difference not later than 10 calendar days after the first appointment. If the Patient does not have enough money to pay for the received Services, the Patient’s indebtedness to the Contractor may be formalised by an additional agreement on payment for the Services with instalment payments. Treatment under insurance is provided at preliminary conclusion by the Contractor of the corresponding Agreement with the insurance company. If in the process of rendering the Services there is a need for their adjustment (provision of additional services or change of the Treatment Plan), the final cost of the Services under the Contract shall be adjusted accordingly. The Parties shall agree on such changes from the moment of provision of additional or changed Services. The Patient has the right to refuse the adjustment of the Services and continue to receive the Services according to the agreed treatment plan. If such refusal makes it impossible to continue providing the Services for medical reasons, the Contractor shall have the right to unilaterally terminate this Agreement, and the Patient shall be obliged to pay the cost of actually received Services. If the Patient does not object to the change or amendment of the Treatment Plan, the provision of the Services shall continue in accordance with the new conditions and signing of a new or additional Treatment Plan. If due to the Provider’s fault the Services are not provided in full, the cost of the undelivered and paid Services shall be reimbursed to the Patient within three working days from the moment of the Patient’s application. In case of impossibility to provide the Services (part of the Services) due to the Patient’s failure to attend a doctor’s appointment or other medical procedure, the Patient’s refusal to continue receiving the Services, the Patient’s violation of the terms and conditions of this Agreement and (or) the Rules, the Contractor shall refund to the Patient the prepayment amount paid by the Patient with deduction of the actually incurred costs and costs of manufacturing (ordering) therapeutic constructions for the Patient within three working days from the moment of the Patient’s application. The Patient has no right to refuse to pay for the agreed and actually provided Services. In all cases when the cost of the Services provided to the Patient is not directly determined by the Treatment Plan, including when the Services specified in the Treatment Plan are not provided in full, the cost of such Services (part of the Services) shall be determined in accordance with the current tariffs of the Contractor. The total cost of the Services under this Agreement shall be determined by the total cost of all the Services provided to the Patient. The terms of this section on payment for the Services shall not apply to cases of provision of medical services to the Patients, which are paid by insurers under voluntary medical insurance contracts or other third parties. Any medical services under this Agreement may be paid for by a third party on the basis of a separate agreement between the third party and the Contractor. The acceptance-transfer of the provided Services is performed verbally or at the request of the Executor or the Patient by means of drawing up the Act of acceptance-transfer of the provided Services (hereinafter referred to as the Act), which is drawn up by the Executor in two copies and provided to the Patient for signing. The Patient shall be obliged to sign both copies of the Act or provide a written reasoned refusal to sign it. If the Patient does not provide 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 Patient. If there is a written motivated refusal to sign the Act, the Executor shall review such refusal within 14 (fourteen) calendar days and notify the Patient in writing of the results of the review. If several Services are provided to the Patient, the Contractor shall have the right to draw up one Act in two copies, in which the entire list of the provided Services shall be indicated.
RIGHTS OF THE PARTIES The Patient has the right: To join this Contract on the terms and conditions offered by the Contractor. By the moment of ordering medical services to receive full information about medical services provided by the Executor. To agree with the Contractor the oriented cost of the Services by signing the Treatment Plan. To receive services of proper quality. To receive reliable and complete information about the state of his/her health, including familiarisation with relevant medical documents related to his/her health, which are kept by the Contractor. To receive reliable and complete information about contraindications, possible complications and risks (including for life and health), prognosis of possible disease development when providing Services. To choose a method of treatment in accordance with the recommendations of the attending physician, if the physician has determined several variants of the treatment plan, having previously familiarised himself/herself with the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of various treatment plans, possible complications. Request a change of the attending physician. In case of changes in the Treatment Plan and the preliminary orientated cost of the Services in the course of treatment, the Patient has the right to choose:
- agree to a new/additional Treatment Plan and agree its cost;
- refuse the proposed changes and continue treatment on the terms previously agreed;
- terminate the Agreement and make settlements for the actually provided Services.
The right to confidentiality about his/her health condition, the fact of seeking medical assistance, diagnosis, as well as information obtained during his/her medical examination. To eliminate deficiencies of the provided Service within the warranty period. To apply to the Contractor with proposals, statements, feedback, etc. about the provided Services. To refuse to receive the Service (part of the Service) at any moment of the Contract validity, pre-paying all the actually provided Services at the moment of refusal. The Contractor shall have the right: To make changes to this Agreement, as well as to the list of Services, to change the price of each Service. Carry out promotions, provide discounts and additional benefits for the Services. Receive payment for the provided Services in the manner provided for in this Agreement. To receive, store and use information about the Patient in accordance with the requirements of the legislation of Ukraine on personal data protection. In case of necessity, by prior agreement with the Patient, to make changes in the Treatment Plan. To independently determine and appoint medical workers who will provide the Patient with the Services. In case of emergencies, unforeseen situations or complications during medical interventions – independently determine the scope of all necessary and possible measures to eliminate them. Provide incomplete information about the Patient’s health condition, limit the possibility of the Patient’s familiarisation with certain medical documents in case the information about the Patient’s illness may worsen the Patient’s health condition or damage the treatment process. Audio recording of telephone conversations with the Patient. To make photo and/or video recording of the process of rendering Services and further use the anonymised results of such recording for advertising, marketing, educational and other purposes not contradicting the legislation of Ukraine. To postpone the visit in case of unexpected absence of the doctor or to appoint another doctor for treatment with the consent of the Patient. In case of the Patient’s tardiness unilaterally change the term of provision of Services or cancel the provision of Services. Refer the Patient to other specialised medical specialists, including to another healthcare institution, in order to clarify the diagnosis and choose the optimal treatment plan. Not to start (or suspend) provision of the Services in cases of:
- Patient’s refusals to sign informed consents, to fill in anamnesis (health questionnaire);
- if the Patient is in arrears in payment for the Services (until such arrears are paid in full);
- detection of a disease (pathology) in the Patient during the examination, the treatment of which is impossible in the Institution due to licence restrictions, qualification of medical personnel or technical equipment or in case of the Patient’s refusal to treat such pathology, if it makes it impossible to provide the Services according to the Treatment Plan;
- the Patient is under the influence of alcohol or drugs or in any other painful condition that prevents the provision of quality Services;
- Failure of the Patient to arrive on the date and time specified to receive the relevant Services.
Refuse to provide the Services at any time (provided that such refusal is not life threatening to the Patient) in the following cases:
- provision by the Patient of incomplete and/or inaccurate data about his/her person and/or health condition;
- medical contraindications to undergoing treatment using the methods identified by the Parties;
- refusals of the Patient to undergo the examinations necessary for further treatment;
- if the Patient insists on the use of medicines or the use of diagnostic and treatment methods that are not authorised for use in Ukraine;
- the Patient’s failure to comply with the prescriptions or treatment schedule established by the attending physician;
- the Patient’s violation of the Rules of Stay and Service of Patients in the Institution.
OBLIGATIONS OF THE PARTIES The Patient is obliged: To familiarise himself with the Contractor’s tariffs, Rules, warranty obligations before concluding the Contract. To arrive at the Facility on time on the date and time of provision of Services. To inform the Institution in advance about objective impossibility to come to the appointment or procedures. During the stay on the territory of the Facility, strictly comply with the rules of the Contractor. Before the beginning of the provision of the Services, inform the attending physician about the entire list of medicines used by the Patient, as well as about all known diseases, deficiencies, allergic or specific reactions to medicines and foodstuffs and other essential information about the state of his/her health. To accurately and timely fulfil oral or written instructions and recommendations of the attending physician, to comply with the Treatment Plan, to appear in a timely manner for the prescribed additional examinations, control and preventive check-ups. Provide originals or copies of documents containing information on the state of his/her health, which are necessary for the Institution to provide the Services. To inform the attending physician about improvement or deterioration of health, appearance or disappearance of symptoms and other information about changes in the state of his/her health during the period of treatment. To accept the provided services of proper quality and to sign the Certificates. To pay the cost of the Services in the order and on the terms and conditions specified in this Agreement. To pay the cost of non-agreed additional Services provided by the Contractor in order to avoid negative consequences for the life or health of the Patient. To sign the informed consent for diagnostics, treatment and anaesthesia, the Executor’s questionnaires. Observe the rules of operation of the installed therapeutic constructions, in case of their breakdown (regardless of the reasons for it), occurrence of complications – within 24 hours, and if possible – immediately notify the Executor about it. The Contractor is obliged to: Carry out, at a time agreed with the Patient, an initial examination of the Patient to establish a preliminary diagnosis, the scope of the necessary treatment, calculation of the cost of treatment and inform the Patient of the results. If there is a need for additional examination methods to establish a final diagnosis, carry them out, and if there is no possibility for this – inform the Patient and refer him/her to another health care institution or specialised medical specialist for examination. Provide services of appropriate quality in accordance with the final diagnosis, Treatment Plan and cost calculation agreed upon by the Parties. Ensure that the Patient is provided with all necessary Services provided for in the Agreement and the agreed Treatment Plan. To create proper and safe conditions for the Patient’s stay at the Facility. Provide the most painless and rational methods of treatment in accordance with medical indications. Inform the Patient about the circumstances that may arise and lead to an increase in the scope of the Services, about possible risks and complications that may arise during the provision of the Services. In case of changes in the treatment process, agree with the Patient an additional or new Treatment Plan and its approximate cost. Provide the Patient with medication prescriptions and recommendations after the provision of the Service. At the Patient’s request, provide information about the Contractor’s mode of operation, conditions and procedure of providing the Services. At the end of the treatment to provide at the Patient’s request an extract from the medical record, copies of examination results, certificates, digital media as agreed, etc. Observe absolute confidentiality of information about the state of health, results of medical examinations and check-ups, intimate and family aspects of the Patient’s life. To use medicines and medical devices authorised for use in Ukraine. To keep and store medical documentation and reports in accordance with the requirements of the legislation of Ukraine.
QUALITY OF SERVICES The Services shall be provided by medical workers of the Facility, who have relevant specialised education and meet unified qualification requirements in accordance with the legislation of Ukraine. Some types of Services may be provided by different medical specialists of the Provider. The Services shall be provided in accordance with the industry standards in the field of healthcare and/or protocols of medical care approved by the Ministry of Healthcare of Ukraine. The quality of the provided Services shall meet the requirements of the legislation of Ukraine. The Services shall be safe for the patient’s health. Quality control of medical care shall be carried out in cases, in the manner and within the terms provided for by the legislation of Ukraine
TERMS OF WARRANTY The Contractor guarantees the quality of the Services provided. The warranty is provided for the types of Services, the list of which is approved by the Contractor. Information about the Contractor’s warranty obligations is contained in the consumer’s corner. In cases when, when agreeing the Treatment Plan, the Patient insists on the application of medical interventions, the positive results of which are very doubtful or the effect of their application will not be sustainable, as well as when the Patient wishes to satisfy non-standard aesthetic preferences, the warranty obligations are not executed, and the Patient writes a written statement of refusal of warranty obligations and informing about possible negative consequences. All defects, deficiencies and other shortcomings of the provided Services, which are discovered by the Patient during the warranty period, shall be eliminated by the Contractor free of charge within the period agreed upon by the Parties, provided:
- Patient’s compliance with all recommendations of the doctor, including dietary restrictions and oral hygiene;
- the Patient’s compliance with the rules of using the result of the Services, including orthopaedic, orthodontic construction, restored tooth, etc., absence of trauma, mechanical damage;
- timely attendance of the Patient for further treatment;
- Patient’s attendance at routine check-ups;
- the Patient shall immediately, no later than three days from the moment of detection of deficiencies, apply to the Facility for elimination of the detected deficiencies.
If the Patient fails to comply with any condition provided for in the preceding paragraph, the Contractor’s warranty obligations shall be terminated and the Patient shall lose the right to make claims related to defects in the Services provided during the warranty period. The warranty does not cover normal wear and tear or damage caused by abnormal or improper use, negligence or accident. The doctor of KSS Dent-Haus Ltd. shall inform the patient of the prescribed service life and warranty period of the fabricated dentures, fillings, etc. The doctor of “KSS Dent-Haus” LLC provides the patient with recommendations on the necessary oral care measures (frequency of preventive examinations, hygiene measures, care of dentures, permanent care of implants, etc. in accordance with the established standards). If the patient fails to fulfil these requirements, despite his (the patient’s) awareness in this regard, the latter is deprived of the right to refer to deficiencies (defects) in the work resulting from non-compliance with these requirements. Fulfilment of the warranty period of preservation of the filling after treatment is ensured if: – The patient’s compliance with the rules of personal hygiene of the oral cavity. – Hygienic index not exceeding 2.0 points according to Fedorov-Volodkina. – Absence of diseases of endocrine system, gastrointestinal tract, malignant neoplasms, radiation lesions, severe forms of mental defeat, chronic alcoholism, drug addiction, substance abuse, multiple caries, inflammation of salivary glands, anomalies of teeth position. – Absence of pregnancy pathology. – KPU (caries-fillings-removed teeth) at the age of 15-25 years – not more than 8, 45 years and older – 12.0. – Presence of fluoride in the water in the patient’s area from 0.8 to 1.2 mg/litre, pH of the patient’s saliva – not lower than 6.8. – Absence of influence of harmful substances at work. Requirements to the patient after the treatment. clear fulfilment of the doctor’s recommendations; regular and competent compliance with the rules of personal oral hygiene (after training), morning and evening – brushing teeth, rinsing the mouth after meals. Consultation with a doctor for preventive purposes at least: – for persons under 25 years of age, twice a year; – for older persons – at least once a year; – for persons with chronic diseases – at least 4 times a year. Warranty period and service life of the seal. The warranty period of service of a filling in LLC “KSS Dent-House” is established from the day of completion of treatment and filling of a tooth (recorded in the medical outpatient card) and is 12 months. The service life is established from the day of completion of treatment and filling of the tooth and placement of the filling and is 24 months. Patients’ claims under the current consumer protection legislation may be filed during the warranty period provided that the patient fulfils the following recommendations of the doctor: – Compliance with the rules of personal oral hygiene (hygiene index <2). – Absence of extreme conditions for the teeth (trauma, poking nuts, chewing bones, etc.). – Regular preventive visits to the dentist as indicated above. Reduction of the warranty period by 50% is possible for patients with severe general diseases (endocrine disease, malignant neoplasms, mental disorders, alcoholism, drug addiction, substance abuse, etc.) in the presence of multiple acute caries, in the presence of poor hygiene (GI>2) ), which is recorded in the patient’s outpatient card. Conditions of fulfilment of the warranty period of use of dental prostheses after completion of prosthetics. – Patient’s compliance with the rules of personal oral hygiene. – Hygienic index not exceeding 2.0 points according to Fedorov-Volodkina. – Absence of bruxism, jaw deformities, gingivitis, generalised periodontitis, aphthous stomatitis, keratosis of the oral mucosa, leukoplakia, manifestations in the oral cavity of multiform exudative erythema, red splashing material. alloys), common dislocation or subluxation of the temporomandibular joint. Manifestation of common oral diseases (diabetes, gastritis and neoplasia). – Absence of manifestations of common oral diseases (diabetes, gastritis and neoplasms). – Absence of secondary caries, pulpitis under the crown, the pH of the patient’s saliva is not lower than 6.8. – Absence of influence of harmful substances at work. – Requirements to the patient after the prosthetics: – Clear compliance with the doctor’s recommendations; regular and competent compliance with the rules of personal oral hygiene (after training), morning and evening – brushing teeth, dentures, rinse the oral cavity and dentures after meals. – Smoking cessation. – Visiting the doctor for correction of dentures. In no case, do not carry out the correction of dentures and their repair on your own. – Visit the dentist at least once a year for preventive purposes and immediately in case of complications or denture breakage. Warranty period and service life of dentures. The warranty period for the use of dentures made in “KSS Dent-House” Ltd. is established from the date of completion of prosthetics and fixation of the denture in the oral cavity (which is recorded in the medical outpatient card) and is 24 months. The service life of the denture is established from the date of completion of prosthetics and fixation of the denture in the oral cavity and is 36 months. If oral hygiene is impaired (GI>2) – the warranty period is reduced by 50%. Patients’ claims regarding dental prostheses, stipulated by the current consumer protection legislation, can be made during the warranty period provided that the patient has complied with the doctor’s recommendations. PATIENT’S PERSONAL DATA By joining the present contract the Patient gives the Contractor the consent to collect, process and use the Patient’s personal data to the extent and in the ways stipulated by the current legislation of Ukraine, as well as to enter his personal data into the local information system of the Contractor. Processing of personal data under this Agreement is necessary solely for health care purposes, establishment of medical diagnosis, to provide treatment or medical services. The Contractor undertakes to ensure confidentiality and security of the Patient’s personal data during their processing. The Contractor’s employees process the Patient’s personal data exclusively in connection with the performance of their professional duties and undertake not to allow disclosure of personal data, which were entrusted to them or became known in connection with the performance of professional, official and labour duties. The Patient consents to the Contractor’s use of the contact data provided by the Patient in order to inform the Patient, to communicate with the Patient; to transmit messages of medical, informational and (or) advertising nature; to transmit messages, the text of which may contain personal and confidential information about the Patient. Upon written request of the Patient, the Patient’s contact details shall be excluded from the list of addressees for information and advertising messages.
CONFIDENTIALITY Confidential under this Agreement shall be information about the fact of the Patient’s application for medical care, diagnosis, list of provided Services, as well as other information, which in accordance with the current legislation is confidential information (information with limited access). The Parties undertake obligations to observe confidentiality of the information received in the course of fulfilment of the provisions of this Agreement by the Parties. The Parties agree that confidentiality obligations stipulated by this Section shall be perpetual and shall remain in force upon expiry of this Agreement.
LIABILITY OF THE PARTIES For non-performance or improper performance of their obligations the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement. The Patient is responsible for the reliability of the provided information about his/her health, fulfilment of the doctor’s recommendations, timely payment for the provided Services. The Contractor is responsible for the quality and safety of the provided Services. In case of detection of defects (deviations) in the quality of medical care based on the results of the clinical and expert assessment, the Contractor shall pay a fine in the amount of 50% (fifty per cent) of the cost of the poor quality of the Services provided. If the Patient is late for more than one hour or if the Patient fails to appear at the place of provision of the Services on the date and time agreed upon by the Parties, the Patient shall pay a fine to the Contractor in the amount of 30% (thirty per cent) of the cost of the Services not received during such visit. In case of delay in payment for the provided Services the Executor has the right to demand from the Patient to pay a penalty in the amount of double discount rate of the National Bank of Ukraine from the amount of the actual debt for each day of delay, and for delay over 30 (thirty) days – additionally demand from the Patient to pay a fine in the amount of the debt. It is not an indicator of improper quality of the Services provided by the Contractor:
- complications and other side effects of the intervention, which have arisen due to the biological characteristics of the Patient’s body and the probability of which the available knowledge and technology cannot completely exclude, if the Services are provided in compliance with all the necessary actions and conditions required for services of this type;
- there may be discomfort caused by the specificity of medical techniques and resulting from the body’s reaction to the physical, chemical effects of the drugs, taking place within a reasonable period of time and about which the Patient has been notified in advance by the attending physician;
- complications occurring after the provision of Services in case of gross non-compliance (violation) by the Patient with the recommendations provided by the attending physician.
The Contractor shall be released from liability for the result of the provided Services and for the damage caused to the Patient’s health in cases:
- failure by the Patient to comply with the prescriptions and recommendations of the attending physician, Treatment Plan;
- failure or late attendance of the Patient for scheduled appointments or check-ups;
- the Patient’s refusal to continue treatment and/or early termination of the Agreement;
- failure to report, untimely reporting to the Patients of essential information about the state of their health (anamnesis), existing bad habits or reporting knowingly false information;
- Receiving medical care in other health care facilities or from other health care professionals;
- untimely notification by the Patient to the physician of complications arising during the Contract;
- use of medicines and medical devices of improper quality or not prescribed by the Provider’s doctors;
- Allergies or non-acceptance of medications or materials authorised for use;
- development of diseases or pathologies not related to the provision of services under this Agreement.
The patient is notified that modern medicine is not an exact science, therefore diagnosis and treatment cannot guarantee an accurate and positive effect. The patient realises that due to the limited possibilities of modern medicine, the complexity of diagnostics and treatment of individual diseases, individuality and uniqueness of each patient’s organism are proposed by the Contractor. in industry medical standards (protocols) and are not described in special literature. The Contractor shall be released from responsibility for non-performance or improper performance of obligations under this Agreement in case of force majeure circumstances that did not exist at the conclusion of the Agreement and occurred beyond the will of the Parties (accident, disaster, natural disaster, epidemic, epizootic, war, hostilities, civil unrest, strike, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, interruption of natural gas or potable water supply, breakdown of equipment or facilities, temporary incapacity of doctors or other medical personnel, etc.).д.). The Patient shall be released from liability for non-performance or improper performance of obligations under this Agreement in case of force majeure circumstances that did not exist when the Agreement was concluded and arose beyond the will of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, war, military actions, public disorder, strikes, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions). The Party which cannot fulfil its obligations under this Agreement due to force majeure circumstances shall not later than within 3 (three) calendar days from the moment of their occurrence notify the other Party thereof. In case of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations. If the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the laws of Ukraine. TERM OF VALIDITY OF THE CONTRACT AND OTHER TERMS This Contract shall come into effect from the date of conclusion and shall remain in force indefinitely until its termination by either Party in the manner prescribed by the Contract. The confidentiality provisions defined in this Agreement shall be in effect indefinitely. All terms of provision of Services in the course of fulfilment of the Treatment Plan are approximate and may change depending on the Patient’s health condition and other objective or subjective circumstances. This Agreement may be prematurely terminated in the following cases:
- by mutual agreement of the Parties by signing an Additional Agreement on termination of the Contract.
- at the initiative of the Patient by submitting a written application to the Contractor not later than 10 days before the expected date of cancellation of the Contract. The Contract shall be deemed to be cancelled from the date specified in the application.
- at the initiative of the Contractor in cases when the Patient violates the terms of the Contract and (or) the Rules, provided that all necessary actions are taken to prevent any deterioration of the Patient’s health condition due to such cancellation. The Contractor shall inform the Patient in writing of the reasons for the cancellation of the Contract and the date from which the Contract will be considered cancelled. If there is no contact with the Patient, the notice of cancellation of the Contract shall be sent by letter to the address specified in the Contract. The Contract shall be cancelled from the date specified in the Contractor’s notice.
The Parties unconditionally agree to consider under the Patient’s details the information specified by the Patient when executing the Treatment Plan and medical card. The Patient understands and agrees that all information placed on the Contractor’s Internet resources is of informational and recommendatory nature only and cannot be interpreted as medical information and as an indication for its application in relation to the Patient’s identity. The rules of stay and service of patients in the Facility, current tariffs for medical services and the Provider’s Warranty obligations are approved by the Provider and placed on the website, as well as in the Facility’s Consumer’s Corner, and are available for review at the first request of the Patient. On all documents related to the conclusion and performance of this Agreement, which provide for their signing by the Patient, along with the signature, the Patient shall mark his/her surname and initials in his/her own handwriting. REQUISITE EXECUTIVE OFFICER PUBLIC LIMITED LIABILITY COMPANY “DENT-HAUS FAMILY STOMATOLOGY CLINIC” USREG Code: 37549475 Address: 41 Nezhinskaya St., Odessa, 65023, JSC CB “PRIVATBANK” USREG Code: 14360570 MFI 305299 in JSC CB “PRIVATBANK” Website: dent-house.od.ua e-mail: dent-house@hotmail.com tel. +38 (048) 777-66-55 Director: Victor Balykov