Public contract
about granting online services
m. Odesa "02" January 2024 year
Limited Liability Company "Clinic of Reproductive Medicine" Nadiya Odesa ", in the person of the director Zakharenko Igor Leonidovich, on the basis of the charter, License for conducting business activities in medical practice Order of the Ministry of Health of Ukraine No. 1553 from 05.07.2019 year (In the future - the performer), offers individuals (In the future - the customer) Get paid online services, provided for in this Agreement.
This contract is public, According to Art. Art. 633, 641 Civil Code of Ukraine, contains all the essential conditions for providing medical diagnostic laboratory testing services to the customer and its conditions are the same for all customers, unconditional acceptance of which are considered to be an acceptance of this offer by a customer, What is the contractor publishes this agreement on such:
Define terms
Public contract or contract - transaction, that regulates the relationship between the contractor and the customer to provide paid online services, under conditions, established by the contractor and this contract.
Performer – Limited Liability Company "Clinic of Reproductive Medicine" Nadiya Odesa ", is a party to this public contract and provides the customer on an online service on the basis and under the terms specified by this Public Agreement.
Customer - Individual, which by their actions revealed the intention to join this public contract, is a party to this public contract and intends to receive or receive online services.
Online services (services) - a set of information activities, related to informing the customer on any issues, which have arisen or may occur in the process of providing medical services, and which are provided by the contractor in accordance with these conditions. Online services are not medical services, are of information and explanatory character, and in no way can be replaced or regarded as providing medical care (medical services). List of services, Their cost and other information about them are set out on the contractor's website.
The moment of conclusion of the contract - the moment of committing the customer confirming actions.
Confirming actions - Actions, indicating the consent of the customer to comply with the provisions, set out on the contractor's website and the terms of this Agreement. Such actions may be considered: Customer registration on the contractor's website, Ordering Services using the Contractor's Site, Starting the actual use of services, Payment of services or other actions, which indicate the customer's consent with these conditions.
Medical service - a certain action or set of actions, performed by medical professionals for the purpose of diagnosis, treatment, prevention or rehabilitation of diseases, pathologies or other pathological conditions, which patients have and are provided only during personal (full -time) Admission of the customer by the performer by the performer.
1. The subject of the contract
1.1. The Contractor undertakes to order the customer to provide online services in time and on terms, defined by this Agreement, And the customer undertakes to accept and pay for the services rendered. List of services, Their cost and other information about them are set out on the contractor's website.
1.2. While providing services (online communication) The performer's doctor may adjust the treatment prescribed before, to carry out anamnesis and complaints, to assume, which could be diagnosed with a patient's personal visit to the performer, indicate which medicines are usually prescribed in such a possible diagnosis, Based on the data collected, recommend visiting the relevant specialist, to tell, How to prepare for diagnostic measures and for a visit to a specialist, help to navigate in drug analogues, in compatibility of prescribed drugs, help decipher the data data, etc..
1.3. Customer assumes all risks and liability related to the use of information received from the performer's doctor during online communication (providing services). Any type of medicines recommended by the performer by doctors during the provision of services and any other recommendations of the performer's doctors cannot be regarded as a doctor's appointment, and are only by those means, which are usually prescribed with appropriate possible diagnosis. Any information provided by the performer by doctors during the provision of services cannot be regarded as a diagnosis or prescribed treatment and is only a preliminary version/assessment or assumption of a doctor. Only during a personal (full -time) Admission of the customer by the performer is diagnosed and prescribed treatment.
1.4. The parties agreed, that the customer is warned (And it refers to his area of responsibility), about that, that any recommendations of the performer's doctor can only be performed after direct (full -time) examination by the customer's doctor.
1.5. Services are provided by the qualified personnel of the contractor.
1.6. The Contractor has no right to disclose third parties information, a medical secret, the family side of the customer's life, which became known to the contractor in connection with the implementation of this Agreement and other confidential information, except in cases, provided for by the legislation of Ukraine.
1.7. The Customer will not have claims to the contractor to disclose medical secrecy/confidential information in case of transfer/sending them to the customer through telecommunications means of communication to resources, that was used during online communication or provided by the customer. The customer is personally responsible for third parties' access to confidential information and medical secrecy and disclosure in connection with the provision of third parties, including with carelessness, access, login/password to resources, that were used during online communication or provided by the customer of the contractor to send information, failure to comply with the customer of other reasonable security conditions while using resources involved in the provision of services.
1.8. Each side guarantees the other side, capable, as well as all rights and powers to conclude and fulfill the terms of the contract.
1.9. The contract is binding on the executor from the date of its publication on the executor's official website.
1.10. For the customer the contract is obligatory from the moment of acceptance of the proposal for the conclusion of the contract - committing confirming actions. The unconditional and full acceptance of the terms of the contract by the customer is to take action by the customer, aimed at receiving services, Namely committing confirming actions.
1.11. The contract is concluded by accession of the customer to the contract proposed by the contractor as a whole and the acceptance of all essential terms of the contract without signing a written copy of the contract and has legal force in accordance with the provisions of Art. 633, 634 Civil Code of Ukraine. Customer cannot offer his contract terms.
1.12. Customer provides unconditional consent of the contractor to process the customer's personal data, including for receiving and processing confidential information, images, photo-, audio-, and video materials, Medical mystery (health information, illness, diagnosis, Treatment methods, forecast, results of analyzes, etc., as well as about family and intimate life, the fact of appeal to the performer, data, obtained during a medical examination, etc.) For the purpose of providing online services or other services by the Contractor.
1.13. The terms of this contract generally create and regulate mutual rights and obligations between the customer and the contractor when providing services to the latter under the terms of this Agreement.
1.14. Committing confirming actions, Customer unconditionally and unconditionally joins the terms of this Agreement and confirms, that he is familiar with and agrees with the terms of this Agreement, The performer's price list, that is placed on the site, and also provides its consent to collect and process their personal data in order, determined by the current legislation of Ukraine.
2. The procedure for providing services
2.1. Services are provided online, That is, remotely, by using telecommunications and technologies to exchange information between performer and customer.
2.2. To receive the customer's services you need to have a computer with a webcam or a smartphone. No additional software installations are required.
2.3. Services are provided by pre -registration, by recording the customer. The Contractor provides services based on customer requests, In agreed between the parties date and time, Given the work schedule of performer doctors. Services are provided at the actual location of each of the parties using telecommunication tools, who agree by the parties when recording the customer.
2.4. By the time of receipt of services, the customer is obliged to pay them in the manner and under the terms specified in this Agreement.
2.5. Services are provided by the performer health workers, who have appropriate special education and meet the single qualification requirements in accordance with the legislation of Ukraine.
2.6. The date and time of the service may be changed at the initiative of the Contractor.
2.7. Services are provided by the Contractor in case of their prepayment by the customer.
2.8. Services are considered ordered from the moment of committing confirming actions.
2.9. Date and exact time of service provision is determined by the Contractor in agreement with the customer in the telephone or other online mode.
2.10. The Contractor may additionally notify the customer of the time of providing service by carrying out a check call or sending an information message by phone number or e -mail address, provided by the customer.
2.11. In the event of a customer's non -receiving to receive services in agreed by the parties Date and Time of Services, Services are considered properly and the contractor has the right not to return the funds paid for services.
3. The rights and obligations of the parties
3.1. The contractor has the right:
3.1.1. Not to start providing services in case of not the customer is paid in the amount of full cost of services.
3.1.2. Shift the time of providing services for a reasonable period.
3.1.3. To refuse to provide services by returning the cost of the services paid. 3.1.4. Get, to store and use information about the customer in accordance with the requirements of the legislation of Ukraine on the protection of personal data.
3.1.5. Make telephone conversations with the customer and the service process.
3.1.6. Change the cost of services, By notifying the customer of such changes by placing information on the site or other available. At the same time, new prices come into force from the moment they are published on the site, Unless otherwise provided by the Contractor.
3.1.7. Stop unilaterally providing services in cases (in particular, But not exclusively): In the presence of contraindications, determined by the performer; In determining the contractor, the consultative admission at the Contractor's health care and medical care; If the customer's wishes are available to the method and volume of services, which can be regarded by the performer as unacceptable, impossible or ineffective; In other cases, at the discretion of the contractor with the customer's notification and justification of reasons.
3.1.8. Refuse to provide services when provided by the customer of incomplete and/or false data about himself, as well as in the case.
3.1.9. In case of not the customer's release in the connection in agreed by the parties date and time, not return paid for services.
3.2. The customer is entitled:
3.2.1. To receive good quality services.
3.2.2. To get acquainted with all the necessary information, related to the provision of services, by appealing to the performer.
3.2.3. Refuse to receive the artist's services and postpone the provision of services to another date and time, agreed with the performer.
3.2.4. To a secret about health, the fact of appeal to the service, Diagnosis is possible.
3.3. The performer is obliged:
3.3.1. Provide the customer in a timely manner, qualitatively and in full service in accordance with the terms of this Agreement.
3.3.2. To provide the customer with all the necessary information, related to the provision of services.
3.3.3. Notify the customer of the occurrence of any circumstances, that makes it impossible to provide services.
3.3.4. To record the customer in agreed between the parties date and time of provision of services on the basis of the relevant request of the customer to the contractor.
3.4. The customer is obliged:
3.4.1. Pay the services in full before the start of their provision.
3.4.2. To agree with the contractor date and time of service in order, provided for by the contract.
3.4.3. Report accurate and reliable contact information to provide services by the Contractor.
3.4.4. Contact the Contractor for the purpose of receiving the services in the agreed date and time.
3.4.5. Accept duly provided by the service provider.
4. The price of the contract (The cost of services), The order and terms of payments, Conditions for refund
4.1. The cost of services is determined according to the existing performer price list, that is placed on the contractor's website and acts on the date of payment by the customer of services.
4.2. By the time of receiving the services the customer is obliged to make them payment.
4.3. Payment of services is made by the customer of the advance (previous) payment by transferring the full cost of the relevant service according to the executor's price list to the contractor's bank account.
4.4. In case of refusal of the customer to receive actually paid services, Customer has the right to postpone the service to any other date and time, having previously agreed with the performer. In case, If the customer does not want to receive actually paid services, Cash is returned to the customer in order, determined by the current legislation of Ukraine and taking into account the terms and rules of the respective payment systems.
4.5. In case, If the customer is within 1 (one) working day from the date of actual receipt of services will not declare a written motivated refusal to accept them, Services are considered to be accepted by the customer without reservations and without claims.
4.6. In case of giving a motivated customer's refusal to accept services, Parties resolve controversial issues through negotiation.
4.7. The currency of settlement for cash payments under this Agreement is Ukrainian hryvnia.
4.8. Details to make a non -cash payment given in the section 9 of this Agreement “Performer Details”.
4.9. If the Customer violates the order and payment deadline, The contractor is entitled to compensation for losses, and can also stop or refuse to provide any of its services to pay debt.
5. The responsibility of the parties and the order of dispute resolution
5.1. For non -fulfillment or improper performance of obligations under this Agreement, the parties are liable, According to the current legislation of Ukraine and the terms of this Agreement.
5.2. Customer assumes all risks and liability related to the use of information received from a performer by a performer while providing services. Any kind of medicines, Recommended by a performer by doctors while providing services and any other recommendations of a performer's doctors cannot be regarded as a doctor's appointment, and are only by those means, which are usually prescribed with appropriate possible diagnosis. Any information provided by the performer by doctors during the provision of services cannot be regarded by the customer as a diagnosis or prescribed treatment and is only a preliminary version/assessment or assumption of a doctor. Only during a personal (full -time) Admission of the customer by the doctor is diagnosed and prescribed treatment.
5.3. The parties agreed, that the customer is warned (And it refers to his area of responsibility), about that, that any recommendations of the performer's doctor can only be performed after direct (full -time) examination by the customer's doctor.
5.4. The parties are not responsible for non -compliance or improper fulfillment of the terms of this Agreement in case of special circumstances for objective reasons (force majeure), which parties could not predict and that prevent the parties from fulfilling their duties under this Agreement.
5.5. To force majeure as parties attribute: natural disasters (Storm, cyclones, floods, earthquakes and other natural and climatic phenomena); war and hostilities, insurgency, blockade, Mass riots, strikes, riots and other unlawful acts; Technological factors (Lack of electricity, Damage to the equipment, crashes, fires, etc.); action, omissions or acts of public authorities, executive authorities and local self -government, aimed at termination or suspension of performing actions under this Agreement, But such, that impede the normal activity of the parties.
5.6. Side, which cannot perform its contractual relationship due to circumstances, mentioned in P.. 5.5. The contract must notify the other party in writing, But not later 10 calendar days from the date of their occurrence, as well as properly this fact to confirm.
5.7. For the period of force of force majeure, the term of this Agreement extends. If force majeure lasts more than six months, Each party has the right to terminate the contract. In case of termination of the contract at the initiative of the executor, Due to the action of force majeure, He is obliged to return the Customer to the funds paid for not provided with the volume of online services.
5.8. Customer is responsible for providing the contractor with complete and reliable information, necessary to provide services, as well as for timely and full fulfillment of their financial obligations.
5.9. All controversial questions, that may arise from this contract or in connection with its implementation, Parties will decide by negotiation, or in court taking into account the provisions of P. 5.11. of this contract, According to the current legislation of Ukraine.
5.10. Claims on the quality of services are considered in writing, served in the name of the executor's leadership, where specific shortcomings and requirements are indicated.
5.11. Pre -trial dispute settlement is mandatory for the parties to this Agreement.
5.12. In case of impossibility of resolving differences by negotiation during 30 (thirty) days, The dispute is subject to consideration in the local court at the defendant's location.
6. The term of the contract, Amendments to him and torn apart
6.1. The contract comes into force for a particular customer from the moment of committing one of the confirming actions and acts until the parties fully fulfill their obligations, taking into account the provisions of this Agreement.
6.2. This Agreement is publicly aware of all customers, by placing it (promulgation) on the artist's website.
6.3. The contractor independently and to comply with the requirements of the current legislation of Ukraine determines the terms of the contract. The contractor has the right to change the terms of the contract with the mandatory notification of the customers on the site. Not termination by the customer of the contract, committing supporting actions or receiving services indicates the consent of the customer with changes, entered in the contract.
6.4. When amending this Agreement, The Contractor places a message about such changes on his site. The contractor guarantees and confirms, that posted on the contractor's website The current version of the text of this Agreement is valid.
6.5. The Contractor has the right to terminate this Agreement unilaterally, Warning by placing an announcement of it on your site.
6.6. In case of termination of this Agreement in order, The stipulated n. 6.5 Contract, The contractor is not released from the obligation to provide services to all customers, who have made pre -payment of services, Prior to the relevant publication of the notice of termination of this Agreement.
6.7. Services for each personal order are provided on the terms of the contract, The editorial of which was valid at the time of committing confirming actions.
6.8. Parties may stop contractual relations on a premature basis, envisaged by the current legislation of Ukraine and this Agreement.
6.9. This Agreement may be terminated early in the following cases: - At the initiative of the customer, by notifying the artist in any convenient way. - At the initiative of the performer, by notifying the customer in any convenient way. - by mutual consent of the parties.
7. Privacy
7.1. The parties agreed on the indefinite nature of contractual conditions regarding the disclosure of medical secrecy and unauthorized access to confidential information.
7.2. Each party is obliged to ensure strict confidentiality of information, obtained from the other party when concluding and executing this Agreement. Transfer of specified information to third parties, its publication or disclosure by any other way can only take place with the written agreement of both parties, Regardless of the reason and date of termination of the contract, except in cases, envisaged by the current legislation of Ukraine.
7.3. The Contractor is not responsible for disclosing information, provided by the customer while providing services, If such disclosure occurred as a result of circumstances, that was not dependent on the will of the performer and could not be warned or avoided (in particular, as a result of hacker attacks, Transfer of information data, Placeing confidential information by the customer on external information resources and/or websites, etc.).
7.4. The parties agreed to record conversations and the ability to reference them in case of disputes occur, as well as when conflict resolving.
7.5. The Customer is personally responsible for disclosing confidential information in providing him intentionally or with careless access to third parties to telecommunications resources, that was used in the provision of services or to the information provided/received during the provision of services.
7.6. The Contractor takes all possible measures to preserve confidential information, But it is not responsible for its disclosure as a result of hacker attacks on the executor software or physical theft of information carriers.
8. Final provisions, Other conditions
8.1. Receiving, processing, The storage and use of customer information is carried out by the contractor in accordance with the requirements of the Law of Ukraine "On Protection of Personal Data".
8.2. By joining this Agreement, the customer gives his consent to the contractor for storage, processing and using its personal data, provided upon conclusion of this Agreement, In order to create a performer customer base, as well as to contact the customer.
8.3. Customer consent to the contractor's use by the customer's contact data, To send medical messages, information and (or) advertising character, The text of which may contain personal and confidential information about the customer. According to the customer's written statement, Last contact details are excluded from the list of addressees for information and advertising messages.
8.4. The customer understands and agrees with that, that all information, which is placed on the site only information and recommendation and cannot be used as medical records, and as an indication of treatment.
8.5. The acting recessor of the performer is placed on the artist's website.
8.6. All changes to this Agreement are made by approving a new version of the contract.
9. The details of the performer
Limited Liability Company "Clinic of Reproductive Medicine" Nadiya Odesa "
License for conducting business activities in medical practice Order of the Ministry of Health of Ukraine No. 1553 from 05.07.2019 year.
EDRPOU 41746311
Individual tax number 417463115510
Addresses: 65088, m. Odesa, Str. Lustdorf road, 61
p/p iban : UA913281680000026003000003608
Pat "MTB Bank"
Director Zakharenko and. L.