1. GENERAL PROVISIONS
1.1. In accordance with Articles 633, 634, 641 of the Civil Code of Ukraine, this Agreement is a public Agreement (public offer) that contains all essential terms for the provision of medical dental services by the Performer and offers an unlimited number of individuals (Patients) to receive medical dental services under the terms defined by this Agreement.
1.2. The terms of this Agreement are the same for all Patients, except for those who are granted relevant benefits by Ukrainian legislation, where applicable.
1.3. The Performer does not have the right to refuse to conclude this Agreement if it has the capacity (including technical, personnel, organizational, etc.) to provide the Patient with medical dental services.
1.4. The Performer confirms that it possesses all necessary permits for conducting business activities related to medical practice, as pertains to the execution of this Agreement, and bears responsibility in case of violation of the Patient's rights during the execution of the Agreement and the provision of Services.
1.5. The Performer provides medical dental services based on a medical practice license issued by Order No. 1890 of the Ministry of Health of Ukraine dated 19.10.2022. 1.6. List of the Performer's authorized specialties:
1.6.1. medical specialties: anesthesiology, pediatric anesthesiology, pediatric dentistry, orthodontics, orthopedic dentistry, radiology, dentistry, therapeutic dentistry, surgical dentistry;
1.6.2. specialties of junior specialists with medical education: nursing, radiology, dentistry.
1.7. The Agreement becomes binding for the Performer from the moment it is published on the Performer's website. 1.8. In the event that Ukrainian legislation establishes norms that contradict this Agreement, the relevant norms of Ukrainian legislation shall prevail.
2. ACCEPTANCE OF THE AGREEMENT
2.1. The Agreement is considered concluded without further signing from the moment of the Patient's oral or written request for medical dental services or the performance of other actions stipulated by the Agreement, which indicate consent to comply with the terms of the Agreement (signing of a treatment plan, informed consent for diagnosis and treatment, commencement of actual use of services, payment of the Service Provider's invoice, etc.), without the Parties signing a written copy.
2.2. By agreement of the Parties, the date of the Patient's first contact with the Service Provider shall be considered the date of conclusion of this Agreement. The Patient is considered to have familiarized themselves with the Agreement at the moment of its conclusion.
2.3. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
2.4. By concluding the Agreement, the Patient automatically agrees to the full and unconditional acceptance of the provisions of the Agreement and all possible appendices to the Agreement.
2.5. Before commencing the use of medical services, each Patient is obliged to familiarize themselves with the terms of this Agreement, the tariffs for the Services, the Service Provider's warranty obligations, as well as the Rules of Stay and Patient Service at the Service Provider's medical facility, which are posted (published) on the Service Provider's official website and in the Consumer Corner (folder).
2.6. All terms of the Agreement, as set forth in this Public Offer, are binding on the Parties. If the Patient does not agree with the terms of the Agreement, they are not entitled to conclude this Agreement.
2.7. Upon the Patient's written request, the Service Provider shall provide them with a written form of this Agreement certified by the signature of an authorized person of the Service Provider.
3. TERMS, CONCEPTS, AND DEFINITIONS
In this Agreement, the following terms, concepts, and definitions are used with the following meanings:
3.1. Medical Dental Service – a specific action or set of actions performed by medical professionals at the Service Provider's Dental Office for the purpose of prevention, diagnosis, treatment, or rehabilitation of the Patient's diseases, pathologies, or conditions.
3.2. Patient – a natural person who has applied to the Service Provider's medical facility to receive medical dental services and has concluded an agreement with the Service Provider for the provision of such services. If the consumer of the Services is a minor or an incapacitated person, the rights and obligations stipulated by this Agreement for the Patient shall be assumed by the legal representative of such person.
3.3. Dental Office of Individual Entrepreneur Kopeikina A.Yu. (hereinafter – the Facility) – a healthcare facility established by the Service Provider and located at the address: 01014, Kyiv, Buslivska Street, 12, office No. 153, No. 155.
3.4. Service Provider's Website – a web page on the Internet at the address https://www.instagram.com/antares.dental/ and www.antares.dental, which are the official source of information for Patients about the Service Provider and the services it provides.
3.5. Attending Physician – a Service Provider's physician who provides medical dental services to the Patient at the Facility. 3.6. Treatment Plan – a set of preventive, therapeutic, diagnostic, rehabilitative measures, medical manipulations, etc., selected by the physician for each Patient individually and agreed upon with the Patient, necessary to achieve positive results in treating the Patient's condition, specifying the stages of treatment, the list of medical interventions, estimated treatment durations, and estimated treatment costs at prices valid on the day the treatment plan is drawn up.
3.7. Appointment Schedule – a schedule of appointed medical dental services, which specifies the list of services, calendar date, and exact time when the Patient must appear at the Facility to receive such services, which is signed by the Patient and is mandatory for the latter to follow.
3.8. Informed Consent – the Patient's consent to medical intervention, which may be formalized in writing, by signing a separate form approved by the Service Provider or by an appropriate wording in medical documentation (medical record, etc.).
3.9. Rules – Rules of Stay and Patient Service at the Facility, approved by the Service Provider and mandatory for the Patient to comply with, which the Patient is obliged to review before concluding the agreement.
4. SUBJECT OF THE AGREEMENT
4.1. The Service Provider undertakes, at the Patient's instruction and with their consent, to provide the latter (or the person on whose behalf this Agreement is concluded) with one or more paid medical dental services from the Service Provider's List of Medical Services, aimed at improving the Patient's health and in accordance with the established diagnosis (hereinafter – the Services), and the Patient undertakes to accept and pay for the Services under the terms defined by this Agreement.
4.2. The scope, type, cost, and terms of Service provision are determined taking into account the Patient's health, medical indications, the Patient's wishes, and the Contractor's technical capabilities.
4.3. Based on the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible treatment options, the consequences of treatment and anticipated results, the degree of risk and possible complications, and thoroughly informs the Patient about these.
4.4. Based on the results of the initial examination, the doctor draws up a Treatment Plan, which defines the scope of Services agreed upon by the Parties and their preliminary cost. A necessary condition for the performance of the Agreement is the Patient's consent to the proposed Treatment Plan, which is evidenced by the Patient's signature or by the Patient's actual consumption of the services specified in the Treatment Plan.
4.5. During the term of the Agreement, the Parties may draw up several Treatment Plans (in which case the terms of an additional Treatment Plan will supplement the previous Treatment Plan) or amend the Treatment Plan.
4.6. The Patient agrees that if additional examination or consultation with a specialized medical professional not available at the Contractor's facility is necessary, they are obliged to undergo such examination or consultation within the timeframes set by the Contractor, paying for these services according to the tariffs of the respective medical institutions.
5. PROCEDURE FOR PROVIDING SERVICES
5.1. Services are provided at the Contractor's medical facility in accordance with the Rules, using certified equipment and medical devices and materials approved for use.
5.2. The attending physician is appointed by the Contractor in agreement with the Patient.
5.3. Services are provided in accordance with the Patient's Informed Voluntary Consent for diagnosis, treatment, surgery, and anesthesia, which is formalized in the form established by the legislation of Ukraine and may additionally be formalized in a form determined by the Contractor, before the provision of the first Service and before the provision of other Services, the list of which is determined by the Contractor. The Parties have agreed that the signing of informed consents is a necessary condition for the commencement of Services.
5.4. Services are provided by prior appointment, which is made by phone or upon the Patient's personal request. Services without a prior appointment are possible only if there are no other Patients scheduled for that time. The date and time of provision for each Service are agreed upon by the Contractor and the Patient verbally or in writing (by signing an attendance schedule).
5.5. The date and time of provision for each Service may be changed at the Patient's initiative before the due date for providing such Service.
5.6. In case of delay, the Patient is obliged to notify the Facility administrator in advance. If a delay leads to a shift in the appointment schedule, another visit time will be agreed upon with the Patient.
5.7. The date and time of provision for each Service may be changed at the Contractor's initiative in the event of:
5.7.1. If the Patient's health condition before the start of the Service makes its provision impossible or significantly increases the risks of complications, threats to the Patient's life or health, or other severe or negative consequences.
5.7.2. The occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Service.
5.8. The Contractor is not entitled to disclose to third parties information regarding the Patient's illness, medical examination, check-up, and their results, or the intimate and family aspects of the Patient's life that became known in connection with the performance of this Agreement, except in cases stipulated by the legislation of Ukraine.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of Services provided under this Agreement is determined according to their scope and the tariffs for Services approved by the Contractor. The tariffs for Services have the legal force of an agreed-upon price.
6.2. The preliminary cost of Services is indicated in the Treatment Plan and does not include the cost of treating hidden pathologies that may be discovered during the treatment process. The approval of the Treatment Plan and the cost of permanent orthopedic work will only occur upon the full completion of therapeutic, surgical, and orthodontic treatment.
6.3. Prices indicated in the Treatment Plan are valid for the period specified in the Treatment Plan, unless there are changes in exchange rates or changes in the cost of contractors' consumables and services. After this period expires, the cost of Services will be determined based on the Contractor's tariffs effective at the time the Service is provided.
6.4. The Patient pays for Services using one of the following methods, at the Patient's choice:
6.4.1. cash payment at the Contractor's cashier;
6.4.2. payment by bank card using the Contractor's bank payment terminal;
6.4.3. payment of Contractor's invoices by bank transfer.
6.5. Services are paid for by the Patient on the day of Service provision – either before the Service is rendered or immediately after its provision, at the full cost of the Service provided during a specific visit.
6.6. The Patient has the right to make a prepayment for Services. The cost of Services paid for by the Patient as a prepayment cannot be revised by the Contractor in case of tariff changes for Services and is set according to the tariffs valid on the day of payment. This rule applies if no more than three months have passed between the Patient's prepayment and the day the Services are provided. Otherwise, a recalculation for the Services will be made according to the Contractor's tariffs valid at the time of Service provision.
6.7. For certain types of Services that involve preliminary expenses for the Contractor (such as individual ordering of implants, orthopedic, orthodontic, or other dental structures for the Patient from third parties), the Patient must make an advance payment of up to 70% of the cost of such structures. The amount of the advance payment and its due date are specified in the Treatment Plan and/or in the invoice provided to the Patient in advance.
6.8. Services paid for by bank transfer are provided upon the Patient making a prepayment of 100% of the total cost of Services as defined in the Treatment Plan. If the Services defined in the Treatment Plan are provided over several visits, the Patient has the right to make partial prepayments for Services, amounting to 100% of the cost of the Service to be provided during a specific visit.
6.9. If the total cost of all components of the Services provided under prepayment exceeds the amount prepaid by the Patient, the Patient must settle the difference no later than the day the Services are completed.
6.10. In the event of an upward discrepancy between the estimated cost of the Service (or part thereof) and the amount of the invoice issued to the Patient for a specific visit, the Patient is obliged to pay the invoice no later than the day following the provision of the Service (or part thereof). In such a case, the Patient must sign an Act of Services Rendered, listing the provided Services and indicating the amount of the Patient's debt for the Services.
6.11. In case the Patient lacks sufficient funds to pay for the received Services, the Patient's debt to the Contractor may be formalized by an additional agreement for payment of Services with installment payments.
6.12. The Patient may be granted a discount on the cost of the Service, the amount of which is determined by the Contractor's established procedure.
6.13. If, during the provision of Services, there is a need for their adjustment (provision of additional services or changes to the Treatment Plan), the final cost of Services under the Agreement shall also be adjusted accordingly. Such changes shall be agreed upon by the Parties before the provision of additional or modified Services. The Patient has the right to refuse the adjustment of Services and continue receiving Services according to the agreed Treatment Plan. If such refusal makes it impossible to continue providing Services due to medical indications, the Contractor has the right to unilaterally terminate this Agreement, and the Patient is obliged to pay for the Services actually received. If the Patient does not object to the change or addition to the Treatment Plan, the provision of Services shall continue according to the new terms and with the signing of a new or supplementary Treatment Plan.
6.14. If, due to the fault of the Contractor, Services are not provided in full, the cost of unrendered and paid-for Services shall be reimbursed to the Patient within three business days from the date the Patient submits a corresponding application.
6.15. In the event that Services (or parts thereof) cannot be provided due to the Patient's failure to appear for an appointment with a doctor or for another medical procedure, the Patient's refusal to continue receiving Services, or the Patient's violation of the terms of this Agreement and/or the Rules, the Contractor shall refund the Patient the prepaid amount, deducting actual expenses incurred and costs for manufacturing (ordering) dental structures for the Patient, within three business days from the date the Patient submits a corresponding application.
6.16. The Patient does not have the right to refuse payment for agreed upon and actually rendered Services.
6.17. In all cases where the cost of Services provided to the Patient is not explicitly defined in the Treatment Plan, including when the Services specified in the Treatment Plan are not provided in full, the cost of such Services (or parts thereof) is determined according to the Contractor's current tariffs.
6.18. The total cost of Services under this Agreement is determined by the cumulative cost of all Services provided to the Patient.
6.19. The terms of this section regarding payment for Services do not apply to cases where medical services are provided to Patients and paid for by insurers under medical insurance contracts or by other third parties.
7. PROCEDURE FOR PAYMENT FOR SERVICES BY A THIRD PARTY
7.1. Any Services under this Agreement may be paid for by a third party by arrangement between that party and the Patient, and provided that a separate agreement is concluded between the third party (payer) and the Provider. Medical services paid for by a third party are provided under the general terms of this Agreement, subject to the following special conditions:
7.1.1. Services under this Agreement are considered paid from the moment funds are received by the Provider's cash desk or transferred to the Provider's current account specified in this Agreement, with the payment purpose "For medical services provided to [Patient's full name]".
7.1.2. Before ordering Services to be paid for by a third party, the Patient is obliged to ensure that the third party signs an agreement between the Provider and the third party, using the form provided by the Provider, and to submit the signed agreement to the Provider.
7.1.3. In the event of non-payment (or incomplete payment) for Services by a third party for any reason (third party refusal, refund at the third party's request, etc.), the unfulfilled obligation to pay for Services falls upon the Patient. In this case, the Patient is obliged to pay for the Services independently within 5 (five) calendar days from the date of receiving the Provider's demand for payment for Services.
7.2. Services under medical insurance agreements are provided to Patients if the Provider has previously concluded a corresponding service payment agreement with an insurance company (or an economic entity with which insurance companies have contractual relations regarding the servicing of insured persons under medical insurance agreements concerning the organization and financing of medical and other services within the scope of insurance programs). The procedure for service payment is established in the agreement between the Provider and the insurer.
8. PROCEDURE FOR ACCEPTANCE OF SERVICES
8.1. The acceptance and transfer of rendered Services shall be carried out orally or, at the request of one of the Parties, by drawing up an Act of Services Rendered (hereinafter – the Act), which is prepared by the Provider in two copies and provided to the Patient for signature.
8.2. The Patient is obliged to sign both copies of the Act or provide a written, reasoned refusal to sign it.
8.3. If the Patient has not provided a written, reasoned refusal to sign the Act, the Service shall be deemed properly rendered by the Provider and properly accepted by the Patient.
8.4. In the event of a written, reasoned refusal to sign the Act, the Provider shall review such refusal within 10 (ten) calendar days and inform the Patient in writing of the review results. If the Patient's refusal is justified, the Parties shall draw up a bilateral complaint act specifying the necessary revisions and their completion deadlines.
8.5. If several Services have been provided to the Patient, the Provider has the right to draw up a single Act, specifying the entire list of Services rendered therein.
9. RIGHTS OF THE PARTIES
9.1. The Patient has the right to:
9.1.1. Accede to this Agreement on the terms proposed by the Provider.
9.1.2. Before ordering Services, receive complete information about the medical services provided by the Provider.
9.1.3. Agree with the Provider on the estimated cost of Services by signing the Treatment Plan.
9.1.4. Receive Services of proper quality.
9.1.5. Receive reliable and complete information about their health status, including reviewing relevant medical documents concerning their health that are stored by the Provider.
9.1.6. Receive reliable and complete information about contraindications, possible complications and risks (including for life and health), and the prognosis of the possible development of the disease when receiving Services. 9.1.7. Choose a treatment method in accordance with the recommendations of the attending physician, if the physician has identified several treatment plan options, after familiarizing themselves with the examination results, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, and possible complications.
9.1.8. Demand a change of the attending physician (if the Provider has other doctors of appropriate qualifications).
9.1.9. If the Treatment Plan and the preliminary estimated cost of Services change during the course of treatment, the Patient has the right, at their discretion, to: (a) agree to the new/additional Treatment Plan and its cost; (b) refuse the proposed changes and continue treatment under the previously agreed terms; (c) terminate the Agreement and settle accounts for Services actually rendered.
6 9.1.10. To confidentiality regarding their health status, the fact of seeking medical assistance, diagnosis, as well as information obtained during their medical examination.
9.1.11. To have defects in the provided Service rectified within the warranty period.
9.1.12. To contact the Service Provider with suggestions, statements, feedback, etc., regarding the Services provided.
9.1.13. To refuse to receive the Service (or part of the Service) at any time during the term of the Agreement, having previously paid for all Services actually rendered up to the moment of refusal.
9.2. The Service Provider has the right to:
9.2.1. To make changes to this Agreement, as well as to the list of Services, and to change the price of each Service. 9.2.2. To conduct promotions, provide discounts, and additional benefits for Services.
9.2.3. To receive payment for the Services provided in the manner stipulated by this Agreement.
9.2.4. To process personal data and other information about the Patient in accordance with the requirements of Ukrainian legislation on personal data protection.
9.2.5. If necessary, with the Patient's prior consent, to make changes to the Treatment Plan. 9.2.6. To independently determine and appoint medical personnel who will provide Services to the Patient. 9.2.7. In case of emergencies, unforeseen situations, or complications during medical interventions, to independently determine the scope of all necessary and possible measures for their elimination.
9.2.8. To provide incomplete information about the Patient's health status, or to limit their access to certain medical documents if information about the Patient's illness could worsen their health or harm the treatment process.
9.2.9. To audio record telephone conversations with the Patient.
9.2.10. To conduct photo and/or video recording of the Service provision process and subsequently use the anonymized results of such recording for advertising, marketing, educational, and other purposes that do not contradict the legislation of Ukraine.
9.2.11. To reschedule the visit in case of unforeseen absence of the doctor or, if possible, to appoint another doctor to conduct the treatment with the Patient's consent.
9.2.12. In case of the Patient's delay, to unilaterally change the term of Service provision or cancel the provision of such Services.
9.2.13. To refer the Patient to other specialized medical specialists, including to another healthcare facility, for the purpose of clarifying the diagnosis and selecting the optimal treatment plan.
9.2.14. To not commence (or to suspend) the provision of Services in the following cases: (a) the Patient's refusal to sign informed consents or complete a medical history (health questionnaire); (b) if the Patient has an outstanding debt for Services (until such debt is fully repaid); (c) the discovery during examination of a disease (pathology) in the Patient whose treatment is not possible at the Facility due to licensing restrictions, medical staff qualifications, or technical equipment, or if the Patient refuses treatment for such pathology, if this makes it impossible to provide Services according to the Treatment Plan; (d) the Patient being in a state of alcoholic or drug intoxication or another pathological condition that prevents the provision of quality Services; (e) the Patient's failure to arrive at the appointed date and time for receiving the relevant Services.
9.2.15. To refuse to provide Services at any time (provided that such refusal does not threaten the Patient's life) in the following cases: (a) the Patient provides incomplete and/or inaccurate data about their person and/or their health status; (b) the presence of medical contraindications to treatment using methods agreed upon by the Parties; (c) the Patient's refusal to undergo examinations necessary for further treatment; (d) if the Patient insists on using medicinal products or applying diagnostic and treatment methods not permitted for use in Ukraine; (e) the Patient's failure to comply with the prescriptions or treatment schedule set by the attending physician; (f) the Patient's violation of the Rules of Stay and Patient Service at the Facility.
10. OBLIGATIONS OF THE PARTIES
10.1. The Patient must:
10.1.1. Before concluding the Agreement, familiarize themselves with the Performer's tariffs, Rules, and warranty obligations.
10.1.2. Arrive at the Facility on time on the date and at the time of Service provision.
10.1.3. Timely notify the Facility about the objective impossibility to appear for an appointment or procedures. 10.1.4. While on the Facility's premises, strictly adhere to the Performer's Rules.
10.1.5. Before the commencement of Services, inform the attending physician of the entire list of medications the Patient is taking, as well as all known illnesses, defects, allergic or specific reactions to medications and food products, and other significant information about their health condition.
10.1.6. Accurately and timely follow the oral or written instructions and recommendations of the attending physician, adhere to the Treatment Plan, and timely appear for scheduled additional examinations, control, and preventive check-ups.
10.1.7. Provide originals or copies of documents containing information about their health condition, which are necessary for the Facility to provide the Services.
10.1.8. Inform the attending physician about improvements or worsening of well-being, the appearance or disappearance of symptoms, and other information about changes in their health condition during the treatment period.
10.1.9. Accept the Services provided of proper quality and sign the Acts.
10.1.10. Pay for the Services in the manner and on the terms defined by this Agreement.
10.1.11. Pay the cost of unagreed additional Services provided by the Performer to avoid negative consequences for the Patient's life or health.
10.1.12. Sign informed consents for diagnosis, treatment, and anesthesia, as well as the Performer's questionnaires.
10.1.13. Adhere to the rules for operating installed therapeutic structures, and in case of their breakdown (regardless of the cause) or the occurrence of complications, notify the Performer within 24 hours, or immediately if possible.
10.2. The Performer shall:
10.2.1. Conduct an initial examination of the Patient at the time agreed with the Patient to establish a preliminary diagnosis, the scope of necessary treatment, calculate the cost of treatment, and inform the Patient about the results.
10.2.2. If additional examination methods are necessary to establish a final diagnosis, conduct them; if there are no possibilities for this, inform the Patient and refer them for examination to another healthcare facility or a specialized medical professional. 10.2.3. Provide Services of proper quality in accordance with the final diagnosis, Treatment Plan, and cost calculation agreed upon by the Parties.
10.2.4. Ensure the provision to the Patient of all necessary Services stipulated by the Agreement and the agreed Treatment Plan.
10.2.5. Create proper and safe conditions for the Patient's stay at the Facility.
10.2.6. Ensure the most painless and rational treatment methods in accordance with medical indications.
10.2.7. Inform the Patient about circumstances that may arise and lead to an increase in the scope of Services, about possible risks and complications that may occur during the provision of Services. 10.2.8. In case of changes in the treatment process, agree with the Patient on an additional or new Treatment Plan and its estimated cost.
10.2.9. Provide the Patient with medical prescriptions and recommendations after the Service has been rendered.
10.2.10. To provide information to the Patient upon request regarding the Service Provider's operating hours and the terms and conditions for providing Services.
10.2.11. Upon completion of treatment, to provide the Patient, upon request, with an extract from the medical record, copies of examination results, certificates, digital media by agreement, etc.
10.2.12. To maintain absolute confidentiality of information regarding the Patient's health status, results of medical examinations and check-ups, and the Patient's intimate and family life.
10.2.13. To use medicinal products and medical devices permitted for use in Ukraine. 10.2.14. To maintain and store medical documentation and reporting in accordance with the requirements of Ukrainian legislation.
11. QUALITY OF SERVICES
11.1. Services are provided by medical professionals of the Facility who have the necessary specialized education and meet the unified qualification requirements in accordance with the legislation of Ukraine. Certain types of Services may be provided by different medical specialists of the Service Provider.
11.2. Services are provided in accordance with industry standards in healthcare and/or medical care protocols approved by the Ministry of Health of Ukraine.
11.3. The quality of the Services provided must comply with the requirements of Ukrainian legislation.
11.4. The Services must be safe for the Patient's health.
11.5. Quality control of medical care is carried out in cases, according to procedures, and within timeframes stipulated by the legislation of Ukraine.
12. WARRANTY TERMS AND CONDITIONS
12.1. The Service Provider guarantees the quality of the Services provided. The warranty applies to the types of Services whose list is approved by the Service Provider. Detailed information about the Service Provider's warranty obligations can be found in the Consumer Corner (folder).
12.2. In cases where, during the approval of the Treatment Plan, the Patient insists on medical interventions whose positive results are highly questionable or whose effect will not be lasting, or when the Patient wishes to satisfy non-standard aesthetic preferences, no warranty obligations are issued, and the Patient provides the Service Provider with a written statement waiving warranty obligations and acknowledging potential negative consequences.
12.3. All defects, deficiencies, and other shortcomings of the Services provided, discovered by the Patient during the warranty period, shall be rectified by the Service Provider free of charge within a period agreed upon by the Parties, provided that: 12.3.1. the Patient adheres to all the doctor's recommendations, including dietary restrictions and oral hygiene practices;
12.3.2. the Patient's adherence to the rules for using the results of the Services, including orthopedic, orthodontic structures, restored teeth, etc., and the absence of injuries or mechanical damage; 12.3.3. the Patient's timely appearance for appointments to continue treatment;
12.3.4. the Patient's attendance at scheduled follow-up examinations;
12.3.5. the Patient's immediate notification to the Facility, no later than three days from the discovery of defects, for their rectification.
12.4. Should the Patient fail to comply with any condition stipulated in the preceding clause, the Service Provider's warranty obligations shall terminate, and the Patient shall lose the right to make claims related to defects in the Services provided during the warranty period.
12.5. The warranty does not cover normal wear and tear or damage caused by abnormal or improper use, negligence, or accident.
13. PATIENT'S PERSONAL DATA
13.1. Pursuant to the Law of Ukraine "On Personal Data Protection", the Provider informs the Patient about the processing of their personal data during the performance of this Agreement.
13.2. The personal data controller is the Provider.
13.3. Personal data is collected for the purpose of healthcare, establishing a medical diagnosis, for ensuring treatment and providing medical services (para. 6, part 2, art. 7 of the Law of Ukraine "On Personal Data Protection").
13.4. Composition and content of personal data processed by the Provider:
13.4.1. general data (including, but not limited to: surname, first name, patronymic, gender, date and place of birth, registration address and place of residence, marital status, means of communication);
13.4.2. special data related to the individual's health status (including, but not limited to: the fact of seeking medical assistance, medical information about the individual containing not only evidence of health status but also medical history, proposed examinations and treatment measures, prognosis of possible disease development, presence of risk to life and health, information about disability group, genetic data, etc.).
13.5. The Patient has the following rights in the field of personal data protection:
13.5.1. to know about the sources of collection, the location of their personal data, the purpose of its processing, the location or place of residence (stay) of the personal data controller;
13.5.2. to receive information about the conditions for granting access to personal data, including information
9 about third parties to whom personal data is transferred;
13.5.3. to access their personal data;
13.5.4. to receive, no later than 30 calendar days from the date of receipt of the request, except in cases provided by law, an answer as to whether their personal data is being processed, and to receive the content of such personal data;
13.5.5. to submit a reasoned request to the Provider objecting to the processing of their personal data;
13.5.6. to submit a reasoned request for the Provider to amend or delete their personal data if such data is processed unlawfully or is inaccurate;
13.5.7. to protection of their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, non-provision, or untimely provision thereof, as well as to protection from the provision of information that is inaccurate or discredits the honor, dignity, and business reputation of an individual;
13.5.8. to file complaints regarding the processing of their personal data with the Commissioner or a court; 13.5.9. to apply legal remedies in case of violation of personal data protection legislation;
13.5.10. to know the mechanism of automated personal data processing;
13.5.11. to protection from an automated decision that has legal consequences for the patient.
13.6. Patients' personal data is stored in the form of card files and/or local electronic databases. 13.7. The Provider undertakes to ensure the confidentiality and security of the Patient's personal data during its processing. The Provider's employees process the Patient's personal data solely in connection with the performance of their professional duties and undertake not to disclose personal data that was entrusted to them or became known to them in connection with the performance of their professional, official, and employment duties.
13.8. The Provider may transfer patients' personal data to the Kyiv City State Administration Health Department, prosecution authorities, law enforcement and judicial bodies, guardianship and trusteeship authorities, the Medical Social Expert Commission, the Social Insurance Fund, etc., solely to the extent necessary for them to exercise their powers.
13.9. Lawyers have the right to access personal data only of those patients who are their clients, and exclusively if these clients provide consent for such transfer. Personal data is transferred to other persons only with the consent of the patient or their legal representative (parents, guardian, or trustee). For scientific and statistical purposes, anonymized personal data that does not allow for personal identification may be transferred.
13.10. Medical services under health insurance agreements (with payment for such services by the insurer) are provided exclusively upon the Patient's consent to the disclosure of personal data (including diagnosis, treatment measures, etc.) to the relevant insurance company. Commencement of using the Performer's Services under health insurance agreements constitutes the Patient's consent to the disclosure of their personal data to the relevant insurance company (or its representative). If the Patient does not agree with the stated terms regarding the disclosure of personal data, medical services under health insurance agreements cannot be provided by the Performer.
13.11. Upon entering into this Agreement, the Patient consents to the Performer's use of the contact details provided by them for the purpose of informing the Patient, communicating with the Patient; for sending medical, informational, and/or promotional messages; and sending messages whose text may contain personal and confidential information about the Patient. Upon the Patient's written request, their contact details will be removed from the list of recipients for informational and promotional messages.
14. CONFIDENTIALITY
14.1. Under this Agreement, confidential information includes information about the Patient's seeking medical assistance, the diagnosis established, the list of Services provided, as well as other information that, in accordance with current legislation, is confidential information (restricted access information).
14.2. The Performer undertakes to maintain the confidentiality of information obtained during the performance of this Agreement.
14.3. The Performer declares that the confidentiality obligations stipulated in this section are perpetual and remain in force after the expiration of this Agreement.
15. LIABILITY OF THE PARTIES
15.1. 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.
15.2. The Patient is responsible for the accuracy of the information provided regarding their health, compliance with the doctor's recommendations, and timely payment for the Services provided.
15.3. The Performer is responsible for the quality and safety of the Services provided.
15.4. In case of overdue payment for the Services provided, the Performer has the right to demand from the Patient the payment of a penalty in the amount of double the discount rate of the National Bank of Ukraine on the amount of the actual debt for each day of delay, and for delays exceeding 30 (thirty) days, to additionally demand from the Patient the payment of a fine equal to the amount of the debt.
15.5. The following are not indicators of improper quality of the Services provided by the Performer:
15.5.1. complications and other side effects of intervention that arose due to the Patient's biological characteristics and whose probability current knowledge and technologies cannot fully exclude, provided that the Services were rendered in compliance with all necessary actions and conditions required for services of this type; 15.5.2. possible discomfort caused by the specifics of medical procedures and resulting from the body's reaction to the physical or chemical effects of medications, which subsides within a reasonable period and about which the Patient was informed in advance by the treating physician;
15.5.3. complications that arose after the provision of Services due to the Patient's gross non-compliance (violation) with the recommendations provided by the treating physician.
15.6. The Performer is exempt from liability for the outcome of the Services provided and for harm caused to the Patient's health in the following cases:
15.6.1. the Patient's non-compliance with the treating physician's prescriptions and recommendations, or the Treatment Plan;
15.6.2. the Patient's failure to appear or untimely appearance for scheduled appointments or follow-up medical examinations; 15.6.3. the Patient's refusal to continue treatment and/or early termination of the Agreement;
15.6.4. the Patient's failure to provide or untimely provision of essential information about their health status (medical history), existing harmful habits, or the provision of knowingly false information;
15.6.5. receiving medical care in other healthcare facilities or from other medical specialists;
15.6.6. untimely notification by the Patient to the doctor about complications that arose during the term of the Agreement; 15.6.7. use of medicinal products and medical devices of improper quality or those not prescribed by the Service Provider's doctors;
15.6.8. occurrence of allergies or intolerance to medical preparations or materials approved for use;
15.6.9. development of diseases or pathologies not related to the provision of services under this Agreement.
15.7. The Patient is informed that modern medicine is not an exact science, and therefore, diagnosis and treatment cannot guarantee a precise and positive effect. The Patient understands that due to the limitations of modern medicine, the complexity of diagnosing and treating certain diseases, and the individuality and uniqueness of each patient's body, the Services offered by the Service Provider may not yield the expected result or may even lead to a deterioration of the Patient's health, the occurrence of atypical reactions and complications not accounted for in industry medical standards (protocols) and not described in specialized literature.
16. FORCE MAJEURE CIRCUMSTANCES
16.1. The Parties shall not be liable for the untimely fulfillment of the terms of this Agreement in the event of force majeure circumstances which did not exist at the time of concluding the Agreement, arose beyond the control of the Parties, and prevent the Parties from fulfilling their obligations under this Agreement.
16.2. The Parties have agreed to classify the following as force majeure circumstances: catastrophes, natural disasters (storms, cyclones, hurricanes, floods, earthquakes, destruction caused by lightning, other natural and climatic phenomena), technogenic and anthropogenic disasters (explosions, fires, accidents, etc.); technological factors (lack of electricity, interruptions in natural gas or drinking water supply, damage to equipment or machinery, etc.); circumstances of public life (war and hostilities, mass riots, strikes, blockades, unrest, terrorist acts or actions and other unlawful acts, anti-terrorist operations, unlawful acts of third parties, epidemics, etc.); temporary incapacity of the Service Provider's doctors or other medical personnel; a severe illness of the Patient that objectively prevents them from fulfilling their obligations under the Agreement or is incompatible with the ordered Services; actions, inactions, or acts of state authorities and local self-government bodies aimed at terminating or suspending the performance of actions under this Agreement and/or hindering the normal activities of the Parties, including changes in the regulatory and legislative framework governing the legal relations of the Parties within this Agreement, as well as other circumstances that an authorized institution recognizes as force majeure by providing a relevant certificate.
16.3. A Party unable to fulfill its contractual obligations due to force majeure circumstances must notify the other Party thereof as soon as possible, but no later than within 3 (three) calendar days from the occurrence of such circumstances, and also provide documentary evidence of the occurrence of such circumstances.
16.4. If force majeure circumstances arise during the provision of Services, the Service Provider has the right to change the medical service to an alternative one or use other medical equipment, if the provision of this Service cannot be postponed to another date.
16.5. If force majeure circumstances persist for more than two consecutive months and show no signs of cessation, each Party shall have the right to withdraw from its obligations under this Agreement by sending written notice thereof to the other Party. In this case, neither Party shall claim damages for losses incurred.
17. DISPUTE RESOLUTION PROCEDURE
17.1. In case of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations.
17.2. If the Patient is dissatisfied with the quality of medical services provided or the level of service, or believes that their rights as a patient and consumer have been violated, they have the right to file a complaint with the Service Provider's administration (Medical Director or Director).
17.3. To verify the Patient's information and claims, upon their application or by decision of the Service Provider's administration, a medical council is convened to examine accounting and legal documentation, and obtain explanations from doctors, other medical staff, administrators, etc.
17.4. For objective consideration of complaints and with the Patient's consent, the Service Provider's administration may invite specialists from other medical institutions (including foreign ones) to participate in a medical council to provide consultations and conclusions.
17.5. The dental clinic does not accept Patient claims based on the private opinions of specialists from other medical institutions, without involving such specialists in a medical council.
17.6. If the Service was provided in compliance with proper quality requirements and the Patient has not proven otherwise, the Service Provider has the right to decide on partial reimbursement to the Patient for the cost of such Service, excluding the costs of implants, orthopedic, orthodontic, and other dental structures. Under such conditions, the Patient is obliged to return the installed structures to the Service Provider. If the Patient refuses to return the structures, no reimbursement shall be made.
17.7. If the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the legislation of Ukraine.
18. AMENDMENTS TO THE AGREEMENT
18.1. Amendments to this Agreement are made unilaterally by the Service Provider and published on the Service Provider's website and in hard copy at the Service Provider's Clinic – at the reception desk and/or in the consumer information folder. In case of discrepancies between the terms of this Agreement published on the Service Provider's website and in hard copy at the Service Provider's Clinic, the hard copy shall prevail. 18.2. In the event of amendments to this Agreement (including changes in prices for Services), the Service Provider is obliged to notify Patients 30 days prior to the anticipated date of implementing changes and/or introducing new prices by posting an announcement on the website and at the reception desk within the Clinic's premises. The announcement regarding new prices must also be displayed at the Clinic for one month from their effective date.
18.3. In case of the Patient's disagreement with the changes made to the Agreement, such Patient is obliged to terminate the Agreement within one week from the moment they learned or could have learned about the changes. Continued use of the Services indicates the Patient's consent to the changes made to the Agreement.
19. TERM OF THE AGREEMENT AND OTHER CONDITIONS
19.1. This Agreement comes into force from the date of its conclusion and is valid indefinitely until its termination by either Party in accordance with the procedure established by the Agreement.
19.2. All service provision deadlines during the execution of the Treatment Plan are approximate and may change depending on the Patient's health condition and other objective or subjective circumstances.
19.3. This Agreement shall be terminated in the following cases:
19.3.1. by mutual agreement of the Parties;
19.3.2. at the Patient's initiative;
19.3.3. at the initiative of the Service Provider in cases of the Patient's violation of the terms of the Agreement and/or the Rules, provided that all necessary actions are taken to prevent any deterioration of the Patient's health due to such refusal. The Service Provider shall inform the Patient in writing about the reasons for terminating the Agreement and the date from which the Agreement will be considered terminated. If contact with the Patient cannot be established, the notice of termination of the Agreement shall be sent by mail to the address specified in the Agreement. The Agreement is considered terminated from the date specified in the Service Provider's notice.
19.4. The Parties unconditionally agree that the Patient's details shall be considered the information provided by them when filling out the Service Provider's relevant questionnaires containing the Patient's personal data, or when completing the Treatment Plan and medical record.
19.5. The Patient understands and agrees that all information posted on the Service Provider's internet resources is for informational and recommendatory purposes only and cannot be interpreted as medical information or as an instruction for its application to the Patient personally.
19.6. The rules for patient stay and service at the Facility, current tariffs for medical services, and the Service Provider's warranty obligations are approved by the Service Provider and posted on the website, as well as in the consumer information corner (folder) at the Facility, and are provided for review upon the Patient's first request.
19.7. On all documents related to the conclusion and execution of this Agreement that require the Patient's signature, the Patient must personally write their surname and initials next to their signature.
20. INDIVIDUAL CONTRACTOR'S DETAILS
INDIVIDUAL ENTREPRENEUR KOPYEIKIN ANTON YURIYOVYCH
Tax ID 3198116155
UKRAINE, 65036, ODESA REGION, ODESA CITY, MALYNOVSKYI DISTRICT, SVYATOSLAVA RIKHTERA STREET, BLDG. 148, BLOCK 3, APT. 7
IBAN UA473348510000000026004178998 at JSC "PUMB"
Taxpayer on the simplified tax system, Group 2, 20%
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PERSONAL DATA RETENTION PERIOD
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MEASURES FOR PROTECTING USER INFORMATION
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CHANGES TO THE POLICY TERMS
The terms of the policy on the website may change. All changes come into effect upon their publication. By continuing to use the website, you confirm your agreement with the new terms of the Policy as amended at the time of using the website.
CONTACT INFORMATION
If you have any questions regarding our Policy, you can contact us at: dentalconsilium@gmail.com
