Offer agreement
PUBLIC CONTRACT
FOR THE PROVISION OF PAID SERVICES
Dnipro
Limited Liability Company “Sky-Winner” (hereinafter referred to as the “Provider”), duly registered in accordance with the legislation of Ukraine (legal entity identification code: 39336307, Medical Practice Licence No. 551 issued by the Ministry of Health of Ukraine on 27.08.2015), represented by its director Yana Yuriivna Smyrnova, acting on the basis of the Articles of Association, guided by Articles 633 and 641 of the Civil Code of Ukraine, offers to an unlimited number of natural persons to conclude a Contract for the provision of paid services (hereinafter referred to as the “Contract”) on the terms set out below:
1. DEFINITION OF TERMS
In this Contract, the terms below are used with the following meanings:
- Services – the list of medical and other related medical-care services which are not necessarily limited to medical care and/or rehabilitation care but are directly connected with their provision, rendered by the Provider in the manner and on the terms defined by this Contract.
- Medical care – the activity of the Provider’s professionally trained medical personnel aimed at the prevention, diagnosis and treatment of illnesses, injuries, poisonings and pathological conditions.
- Rehabilitation care – the activity of the Medical Centre’s rehabilitation specialists, comprising a set of measures aimed at optimising the functioning of persons who experience, or may experience, limitations of everyday functioning in their environment.
- Public offer – the Provider’s proposal, addressed to an unlimited number of natural persons, to conclude this Contract on defined terms.
- Provider’s Website – the web page on the Internet at https://helyos.com.ua/, which is the official source of information for Patients about the Provider and the Services it renders.
- Acceptance – the full, unconditional and unreserved acceptance by the Patient of the terms of the Provider’s Public offer in the form of this Contract. Acceptance is effected by the Patient completing, signing and handing over to the Provider a written Patient Questionnaire, a specimen of which is kept directly at the Provider’s location, and evidences that the Patient has read the Public offer published on the Provider’s Website. Where an online consultation (service) is obtained, the full and unreserved acceptance of the terms of this Public offer is deemed to be any action by the Patient resulting in an appointment with the Provider for the provision of a Service, including but not limited to: contacting the contact centre, contacting the administrators, making an appointment independently through the personal account, sending an appointment request from the Provider’s Website, signing the Patient Questionnaire stating one’s own personal data, the Informed Voluntary Consent in form No. 003-6/o, etc.
- Provider – Limited Liability Company “Sky-Winner” (hereinafter – the Helyos Centre for Family Health and Rehabilitation, abbreviated – the Medical Centre).
- Patient – any natural person who has applied to the Medical Centre to receive Services and who has acceded to this Contract by accepting the Provider’s Public offer.
- Parties – the Patient and the Provider. The Parties understand that the term “Patient” is used in this Contract simultaneously as “Patient/Legal representative”, since the Patient may be a minor, a child and/or a person whose civil capacity is limited, on whose behalf a Legal representative must act. Where the Patient is a minor, a child and/or a person whose civil capacity is limited, on whose behalf a Legal representative must act, the rights and obligations defined by this Contract are automatically placed upon the Legal representative.
- Attending physician – the doctor who provides Services to the Patient at the Medical Centre.
- Third party – any natural or legal person other than the Patient, the Provider and the employees of the Medical Centre.
- Promotional offers – additional offers relating to the Services, provided by the Provider to all Patients without exception, the list, cost and conditions of which are set out on the Provider’s Website. These include, but are not limited to: discounts, loyalty programmes, special bonus programmes and the like.
- Identification of the Patient – the process of determining or confirming identity, recording the time and the fact of the Patient’s arrival in connection with the performance of this Contract, as well as the completion and signing of the Patient Questionnaire stating one’s own personal data, the Informed Voluntary Consent in form No. 003-6/o, etc.
- Patient Questionnaire – the Patient’s personal data, which also contains consent to the processing of their personal data and voluntary consent to diagnosis, treatment, surgery and anaesthesia. The form of the Patient Questionnaire is a paper document bearing the Patient’s original signature.
2. GENERAL PROVISIONS
2.1. This Contract has the character of a public offer under the applicable legislation of Ukraine (Articles 633 and 641 of the Civil Code of Ukraine). The terms of this Contract are identical and binding for all Patients. The Contract defines the procedure and the conditions under which the Medical Centre provides qualified medical and other related medical-care services, which are not necessarily limited to medical care and/or rehabilitation care but are directly connected with their provision, at the Patient’s request.
2.2. Evidence of the full and unreserved Acceptance of the terms of this Contract, and the date on which the Contract is concluded, is the performance by the Patient of actions implementing the terms of the Contract, in particular the signing of the Patient Questionnaire stating one’s own personal data and of the Informed Voluntary Consent in form No. 003-6/o, as well as making an appointment for a paid Service, receiving the Services and/or paying for them.
2.3. The Parties warrant that each of the Parties has the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform this Contract in accordance with its terms.
3. SUBJECT OF THE CONTRACT
3.1. The Medical Centre undertakes, in the manner and on the terms defined by this Contract, to provide the Patient with paid Services and current Promotional offers within its field of activity on the basis of the Patient’s oral or written request, and the Patient undertakes to accept and pay for the Services provided.
3.2. All types of Services at the Medical Centre (except for those provided by the Provider under a contract on medical care of the population within the programme of medical guarantees concluded with the National Health Service of Ukraine, and under other state programmes) are paid.
3.3. Place of provision of the Services: Ukraine, Dnipro: 18a V. Vernadskoho St.; 17 Lamana St.; 1 Zorianyi Blvd.; 4 Zaporizke Highway; 12 Honchara St.; 5 Soborna Square; 2K Simferopilska St. (“Panorama” residential complex); 12A Heroiv Ave.; 70 Kalynova St.; Samar, 19 Hetmanska St.
3.4. The Services are provided in accordance with the Patient’s Informed Voluntary Consent to diagnosis, treatment, surgery and anaesthesia, which is executed in the form established by the legislation of Ukraine before the provision of the Services, the list of which is determined by the Medical Centre.
3.5. The Services are provided during the Provider’s working hours. The Parties understand that, owing to the nature of the Services provided and the individual characteristics of the Patient, it is impossible to determine the time frame for the provision of the Services in advance; therefore the Provider is obliged to provide the Services within a reasonable time necessary for diagnosis, treatment or the provision of other services.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Patient has the right:
4.1.1. To receive Services of proper quality from the Medical Centre.
4.1.2. To receive accurate and complete information about the state of their health, including access to the relevant medical records concerning their health that are kept by the Provider.
4.1.3. To receive accurate and complete information about contraindications, possible complications and risks (including risks to life and health), and about the prognosis of the possible development of the illness when the Services are provided.
4.1.4. To demand a change of the Attending physician.
4.1.5. To confidentiality regarding the state of their health, the fact of seeking medical care, the diagnosis, and the information obtained during their medical examination.
4.1.6. To refuse to receive the Services, paying for the Services actually provided.
4.2. The Patient undertakes:
4.2.1. To provide complete and accurate information about the state of their health, symptoms, the presence of infectious, chronic and other diseases, the existence of medical contraindications, and other information relevant to establishing the diagnosis and materially affecting the course of treatment.
4.2.2. To comply strictly with the oral or written instructions and recommendations of the Provider’s doctors, including the treatment plan.
4.2.3. To attend the Medical Centre for the Services ordered without delay, at the appointed time. The Patient undertakes to inform the Medical Centre of the need to cancel or change the appointed time of a Service in advance, but no later than 24 hours before the appointed time. If the Patient is more than 20 (twenty) minutes late relative to the time appointed for receiving the Services, the Provider reserves the right to reschedule the Service.
4.2.4. Before the Services begin, to inform the Provider of the full list of medicines the Patient is taking, as well as of all known illnesses, disorders, allergic or specific reactions to medicines and foods, and other material information about the state of their health.
4.2.5. In the event of a breach of, or inability to follow, the treatment plan, to notify the Provider immediately. Also to inform the Provider of any improvement or deterioration in well-being, the appearance or disappearance of symptoms, and other information about changes in the state of health during the period of treatment.
4.2.6. To comply strictly with the Internal Rules (of patients’ stay) of the Medical Centre.
4.2.7. In any circumstances, regardless of being in a stressful situation, to behave correctly towards the Provider’s employees and not to engage in rude or aggressive behaviour, physical action, threats, abusive language or other displays of disrespect.
4.2.8. During the term of the Contract, to follow information about changes independently and to read the Medical Centre’s information on the Provider’s Website regarding changes to the terms of this Contract. If the Patient has not made use of the opportunity given by the Provider to read possible changes and/or has ignored the terms of this clause, the Provider bears no responsibility for the consequences of such action/inaction by the Patient.
4.3. The Provider has the right:
4.3.1. To receive, store and use any information about the Patient necessary to perform its obligations under this Contract, in accordance with the requirements of the Law of Ukraine “On the Protection of Personal Data”.
4.3.2. To determine the duration and the scope of the Services provided.
4.3.3. To require the Patient to comply with the Internal Rules (of patients’ stay) of the Medical Centre.
4.3.4. To refuse to provide Services to the Patient at any time, in the following cases:
— where the Patient has presented incomplete and/or inaccurate information about their identity and/or the state of their health to the employees of the Medical Centre;
— where there are medical contraindications to undergoing treatment by the methods agreed by the Parties;
— where the Patient refuses to undergo the examinations necessary to clarify the diagnosis and objectively assess the general state of health;
— where the Patient does not have the original of a passport or another identity document;
— where the Patient breaches the obligation, provided for by this Contract, to behave correctly towards the Provider’s employees, and also where the Patient fails to comply with the Internal Rules (of patients’ stay) of the Medical Centre;
— where the Patient breaches other terms of this Contract.
4.3.5. To receive payment for the Services provided in the amounts and within the time limits provided for by this Contract.
4.3.6. To engage Third parties with the necessary qualifications to provide the Services.
4.3.7. In the event of the Patient being late, to change the time of provision of the Services unilaterally.
4.3.8. To verify the information provided by the Patient, as well as the Patient’s compliance with the terms of the Contract.
4.3.9. To suspend the provision of Services to the Patient for the period of verification of the Patient’s compliance with the terms of the Contract, where a breach of the terms of this Contract by the Patient arises or where there are reasonable doubts as to their proper performance.
4.3.10. To require the Patient to perform the terms of this Contract properly.
4.3.11. To make photographic or video recordings of the process of providing the Services and subsequently to use the anonymised results of such recording for advertising, educational and other purposes that do not contradict the legislation of Ukraine.
4.4. The Provider undertakes:
4.4.1. To provide Services whose quality meets the requirements of regulatory documents and the requirements ordinarily applied to services of this kind.
4.4.2. To inform the Patient about the types, scope, cost and time frame of the Services, as well as about possible risks and complications that may arise in the course of providing the Services.
4.4.3. Where it is impossible to provide the Services envisaged by this Contract, to notify the Patient in advance.
4.4.4. To maintain all necessary medical records, including records of the types, volumes and cost of the Services provided to the Patient, as well as of the funds received from the Patient.
5. PRICE OF THE CONTRACT AND PAYMENT PROCEDURE
5.1. The price of this Contract is determined as the sum of the Services provided by the Provider to the Patient and accepted by the latter.
5.2. The cost of each Service is determined in accordance with the Provider’s tariffs in force on the date on which such service is provided to the Patient.
5.3. Payment for the Services under this Contract is made by the Patient and/or by a Third party in the Patient’s interests, in cash or by bank transfer.
5.4. All settlements are made in the national currency of Ukraine – the hryvnia.
5.5. The Patient is obliged to pay in full for the Services provided, unless otherwise provided by this Contract.
5.6. In the event of non-payment or incomplete payment of the cost of the Services provided by the Provider to the Patient and accepted by the latter by a Third party which acted in the Patient’s interests and had previously undertaken to pay for the Services provided, the Patient undertakes to pay for the Services actually provided in full, or accordingly for that part of them which the Third party has refused to pay.
5.7. The Patient has no right to refuse to pay for the Services actually provided.
5.8. If, through the fault of the Provider, the Services are not provided to the Patient in full, the cost of the Services paid for but not provided is refunded to the Patient within 10 working days. If the impossibility of providing the Services in full arose through the fault of the Patient, including where the Patient breached the treatment plan and thereby the terms of this Contract and/or the requirements of the Internal Rules (of patients’ stay) of the Medical Centre, etc., the cost of the Services paid for but not provided is not refunded to the Patient.
5.9. The Medical Centre reserves the right not to issue the results of examinations or an extract from the medical history to the Patient where the Patient has not made final payment for the Services received.
6. PROCEDURE FOR THE PROVISION AND ACCEPTANCE OF THE SERVICES
6.1. The Services are provided by the Provider’s employees who have the relevant specialised education and meet the uniform qualification requirements in accordance with the legislation of Ukraine.
6.2. Before the Services begin, the Attending physician informs the Patient of the list, composition and cost of all Services whose provision the Attending physician considers appropriate, and agrees orally with the Patient the list and cost of all Services that will be provided by the Provider as prescribed by that Attending physician.
6.3. The Services are provided by prior appointment made by telephone through the Medical Centre’s contact centre. The provision of Services without a prior appointment is possible only where no other Patients have booked that time. The date and time of each Service are agreed orally between the Provider and the Patient in accordance with the established working schedule of the Medical Centre.
6.4. The date and time of each Service may be changed at the Patient’s initiative in advance, but no later than 24 hours before the appointed time of such service.
6.5. The date and time of each Service may be changed at the initiative of the Medical Centre, where:
6.5.1. The Patient’s state of health before the Service begins makes its provision impossible and/or significantly increases the risk of complications, of a threat to the Patient’s life or health, or of other serious or adverse consequences;
6.5.2. Circumstances of force majeure arise which make it impossible for the Medical Centre to provide the Service.
6.6. The existence of the circumstances provided for by sub-clause 6.5.2 of this Contract is established by the Medical Centre and notified to the Patient.
6.7. The acceptance of the Services provided is carried out at the Patient’s request by executing an Act of acceptance of the services provided (Appendix No. 1 to this Contract, which forms an integral part of it) (hereinafter – the Act of acceptance), which is drawn up by the Provider in two counterparts and given to the Patient for signature. The Patient is obliged either to sign both counterparts of the Act of acceptance or to provide a written reasoned refusal to sign it.
6.7.1. The signing of the Act of acceptance by the Patient evidences that the Services have been provided to them in full, in accordance with the terms of the Contract, and that the Patient has no claims against the Provider in respect of the Services received.
6.7.2. Should the Patient refuse to sign the Act of acceptance, the Act of acceptance is sent within 3 working days by registered letter to the Patient’s postal address stated in the Patient Questionnaire.
6.7.3. If the Patient has not provided a written reasoned refusal to sign the Act of acceptance within 3 calendar days of receiving it, the Services are deemed to have been duly provided by the Provider and duly accepted by the Patient.
6.7.4. Where the Patient has provided a written reasoned refusal to sign the Act of acceptance, the Provider considers such refusal within 14 (fourteen) working days and notifies the Patient in writing of the results of its consideration.
6.8. If the Medical Centre has provided the Patient with several Services, the Provider draws up the Act of acceptance in two counterparts, listing in it all the Services provided.
6.9. The Patient confirms that the Medical Centre has explained to them the rights and obligations established by the legislation of Ukraine.
7. LIABILITY OF THE PARTIES
7.1. In the event of a breach of an obligation arising out of this Contract (hereinafter – a “breach of the Contract”), the Party bears the liability determined by this Contract and/or by the legislation in force in Ukraine.
7.1.1. A breach of the Contract is its non-performance or improper performance, that is, performance in breach of the terms defined by the content of this Contract.
7.2. The Provider bears no responsibility for the effectiveness of the treatment, for adverse consequences that may arise during treatment, nor in the event of complications arising in the Patient, nor for harm caused to the Patient’s life and health as a result of:
7.2.1. The Patient’s failure to attend, or untimely attendance at, scheduled visits or follow-up medical examinations;
7.2.2. The Patient withholding, or failing to provide in good time, information about the state of their health, including about the particular features of the Patient’s body with regard to interaction with medicines, personal incompatibility, the existence of illnesses, and so on;
7.2.3. The Patient providing information from other medical institutions that does not correspond to the Patient’s actual state of health;
7.2.4. The Patient’s failure to follow the prescribed treatment plan and other recommendations of the Attending physician;
7.2.5. The continuation of a course of treatment begun at another medical institution (by another doctor who is not an employee of the Provider);
7.2.6. The Patient’s use of medicines and medical devices of improper quality or not prescribed by the Attending physician of the Medical Centre;
7.2.7. The Patient’s failure to communicate the information provided for by clause 4.2.5 of this Contract;
7.2.8. The development of illnesses or pathologies unrelated to the provision of the Services under this Contract.
7.3. The Parties understand and acknowledge that a discrepancy between the result of a particular Service and the result which the Patient expected and wished to obtain when applying for that service is not in itself a fact of that service having been provided with improper quality.
7.4. The Medical Centre is released from liability if, exercising the degree of care and prudence required of it by the nature of the actions performed, it took all measures for the proper performance of its obligations, yet the expected result was not achieved because, despite correct actions, the current level of health care does not guarantee a one-hundred-per-cent positive treatment outcome; in particular, the Medical Centre bears no responsibility for complications and other side effects of medical intervention arising from the biological characteristics of the body, the occurrence of which cannot be entirely excluded using current knowledge and technology.
7.5. For a breach by the Patient of the terms of this Contract as regards the time limits for paying for the Services received, the Provider has the right to recover from the Patient a penalty of 0.1% of the value of the Services not paid for and/or paid for late for each day of delay, but not more than double the discount rate of the National Bank in force during the period for which the penalty is paid. The period of payment delay begins to run from the day of signing the Act of acceptance or of the written reasoned refusal to sign it.
7.6. In the event of damage to or destruction of the property of the Medical Centre, the Patient is obliged to compensate the Provider for material losses in the amount of the harm caused, in full.
8. CIRCUMSTANCES EXEMPTING FROM LIABILITY
8.1. The Parties are released from liability for the non-performance or improper performance of obligations under this Contract in the event of circumstances of force majeure which did not exist at the time this Contract was concluded and arose beyond their control (threat of war, armed conflict or a serious threat of such conflict, including but not limited to hostile attacks, blockades, military embargo, actions of a foreign enemy, general military mobilisation, military action, declared and undeclared war, actions of a public enemy, unrest, acts of terrorism, sabotage, piracy, disorder, invasion, blockade, revolution, rebellion, insurrection, mass disturbances, the introduction of a curfew or of a quarantine established by the Cabinet of Ministers of Ukraine, expropriation, compulsory seizure, seizure of enterprises, requisition, public demonstration, blockade, strike, accident, unlawful acts of third parties, fire, explosion, prolonged interruptions in transport regulated by the terms of the relevant decisions and acts of state authorities, closure of sea straits, embargo, prohibition (restriction) of export/import and the like, as well as those caused by exceptional weather conditions and natural disasters, namely: epidemic, severe storm, cyclone, hurricane, tornado, gale, flood, accumulation of snow, ice, hail, frost, freezing of the sea, straits or ports, mountain passes, earthquake, lightning, fire, drought, subsidence and landslide, and other natural disasters).
8.2. A Party which is unable to perform its obligations under this Contract as a result of circumstances of force majeure must notify the other Party thereof no later than within 3 (three) calendar days of their occurrence.
9. TERM OF THE CONTRACT AND CONDITIONS OF ITS TERMINATION
9.1. By applying to the Provider orally or in writing for the Services, the Patient accepts all the terms of this Contract, and the date of the first application is deemed by agreement of the Parties to be the date on which this Contract is concluded.
9.2. This Contract enters into force on the day it is publicly posted on the Provider’s website and is valid until the Parties have performed their obligations.
9.3. The term of this Contract may be terminated early:
- at the demand of one of the Parties, in which case the latter is obliged to notify the other Party in writing no later than 10 (ten) calendar days in advance;
- by a court decision;
- where circumstances of force majeure continue for a long time (more than two months);
- where the Medical Practice Licence is terminated/suspended;
- where the Patient breaches the Contract.
10. FINAL PROVISIONS
10.1. Dispute resolution procedure:
10.1.1. All disagreements and disputes which may arise in the course of the provision of services by the Provider, in connection with the acceptance, performance and/or breach of the provisions of this Contract, are settled through negotiations between the Parties.
10.1.2. Should the Parties fail to reach agreement through negotiations and should settlement out of court prove impossible, all disputes and disagreements are resolved in court in accordance with the requirements of the applicable legislation of Ukraine.
10.2. Other terms:
10.2.1. All amendments to this Contract are approved by the relevant order of the Provider’s Director and published on the Provider’s Website.
10.2.2. Patients are deemed to have been notified of amendments made to the Contract from the moment those amendments are published on the Provider’s Website.
10.2.3. Amendments made to the Contract which have entered into force apply to all Patients.
10.2.4. Acceptance of this Contract constitutes the Patient’s consent to the collection and processing of the personal data provided, carried out by the Provider in accordance with the requirements of the Law of Ukraine No. 2297-IV of 01.06.2010 “On the Protection of Personal Data” and other applicable legislation of Ukraine.
10.2.5. The Provider warrants that all information about the Patient constituting medical and/or other confidential secrecy will be used in accordance with the principles of observing such secrecy and with the requirements of the legislation of Ukraine and of international law.
10.2.6. The recognition of any provision or clause of this Contract or of the appendices to it as invalid does not affect the validity of the other provisions and terms of the Contract.
10.2.7. All Appendices to the Contract are integral parts of this Contract and are binding on the Parties for performance and compliance.
10.2.8. The terms of this Contract do not apply to medical services provided by the Provider under a contract on medical care of the population within the programme of medical guarantees concluded with the National Health Service of Ukraine.
10.2.9. The terms of this Contract also do not apply to medical services provided by the Provider in the field of “Reproductive medicine”. Such services are provided to Patients on the basis of the relevant contracts established by the applicable legislation of Ukraine.
11. APPENDICES
11.1. The following appendices form an integral part of this Contract:
Appendix No. 1 “Act of acceptance of the services provided”;
Appendix No. 2 “Patient Questionnaire”;
Appendix No. 3 “Internal Rules (of patients’ stay) of the Medical Centre”.
12. DETAILS OF THE PROVIDER
LIMITED LIABILITY COMPANY
“SKY-WINNER”
CENTRE FOR FAMILY HEALTH AND REHABILITATION
“HELYOS”
Registered address: 49000, Dnipro, 9 Krutohirnyi Descent, apt. 119
Postal address: 49000, Dnipro, 17 Lamana St.
EDRPOU (company code): 39336307
Tax number: 393363004631
corporate income tax payer on general terms
Account: UA933052990000026000050328241
at JSC CB “PrivatBank”, MFO: 305299
Ministry of Health Licence No. 551 of 27.08.2015
Director ______________ Ya. Yu. Smyrnova