LLC “M-Clinic” (hereinafter referred to as the “Provider”), and an individual who has applied to the Provider for medical dental services (hereinafter referred to as the “Patient”), collectively referred to as the “Parties”, and each individually as a “Party”, have entered into this agreement as follows:
PREAMBLE
Terms used in this Agreement:
Acceptance — the Patient’s full and unconditional response to the Provider’s offer to enter into this Agreement. The Agreement shall be deemed concluded without further signing from the moment the Patient orally or in writing contacts the Provider to receive services, or performs other actions provided for by this Agreement that indicate consent to comply with its terms (signing a treatment plan, commencing actual receipt of services, paying the Provider’s invoice, etc.), without signing a written copy. The date of the Patient’s first contact with the Provider shall be considered the date of conclusion of this Agreement. The Patient shall be deemed to have read and understood the Agreement at the moment of its conclusion. Acceptance is full, unconditional, and without reservations acceptance by the Patient of the terms of this Agreement and means the Patient’s consent to all terms of this Agreement without exceptions or amendments. Acceptance of this Agreement also confirms that the Patient understands the significance of their actions, all terms of this Agreement are clear to the Patient, and the Patient is not acting under mistake, deception, violence, threat, or similar circumstances.
Provider’s Website — a web page on the Internet at mclinidental.com, which is the official source of information for Patients about the Provider and the services provided.
Medical history (Anamnesis) — information about the course of the disease or health condition that the patient recalls during questioning by a dentist or anesthesiologist.
Diagnosis — determination of the nature of a disease by identifying objective or subjective signs of diseases (features of their course).
Personal data database — a named set of ordered personal data in electronic form and/or in the form of personal data files.
Diagnostics — examinations and individual procedures to establish or уточнити the Patient’s health condition and to detect diseases (features of their course).
Informed voluntary consent — the Patient’s consent to diagnostics, treatment, surgery, and anesthesia, executed in writing and may additionally be executed in a form determined by the Provider prior to provision of the first service.
Methodology — a specific procedure and scope for applying medical (other) methods of treatment, examination, etc.
Processing of personal data — any action or set of actions, such as collection, registration, accumulation, storage, adaptation, modification, renewal, use and dissemination (distribution, sale, transfer), depersonalization, destruction of personal data, including using information (automated) systems.
Pathology — a specific process of disease development, dysfunction of organs or tissues that has a negative impact on the human body.
Treatment plan — the scope, types, and procedure for providing services (treatment, examination, preventive measures, etc.) selected by the attending physician and agreed with the Patient, as well as their preliminary cost and approximate timeframes for providing services.
Informed voluntary consents — the Patient’s consent to diagnostics, anesthesia, treatment, and surgical interventions using treatment methods in the following medical specialties: dentistry, orthodontics, prosthetic dentistry, therapeutic dentistry, surgical dentistry, pediatric dentistry. The Patient’s consent to receive services at the premises of LLC “M-Clinic” confirms that the Patient has read and agreed to the content of the informed consents, and confirms that the Patient had an opportunity to ask the Doctor all questions regarding diagnostics and treatment and received full information.
Rules — the internal rules of the dental office approved by the Provider and mandatory for the Patient, which the Patient must review before concluding the agreement.
Public agreement — a transaction for the provision and receipt of dental and anesthesiology services that establishes the same conditions for all Patients for providing such services on the terms of a public offer from the moment it is accepted by the Patient.
Public offer — the Provider’s proposal addressed to any individual under Article 641 of the Civil Code of Ukraine to conclude an agreement subject to the stated terms.
Prevention — a set of medical measures aimed at preventing diseases.
Dental service — a specific action or set of actions performed by medical staff in the Provider’s dental office for the purpose of prevention, diagnosis, treatment, or rehabilitation of diseases, pathologies, or conditions of the Patient.
Parties to the Agreement (Parties) — the Provider and the Patient.
1. GENERAL PROVISIONS
1.1. Pursuant to Articles 633, 634, and 641 of the Civil Code of Ukraine, this Agreement is a public agreement (public offer) containing all essential terms for the provision of medical dental services by the Provider and offering an unlimited number of individuals (Patients) to receive medical dental services on the terms set out in this Agreement.
1.2. The terms of this Agreement are the same for all Patients, except for those who are entitled to statutory benefits under Ukrainian law, where applicable.
1.3. The Provider has no right to refuse to enter into this Agreement if the Provider has the ability (including technical, staffing, organizational, etc.) to provide the Patient with medical dental services.
1.4. The Provider confirms that it has all necessary permits to conduct business activities in medical practice related to performance of this Agreement and shall be liable in case of violation of the Patient’s rights in the course of performance of the Agreement and provision of Services.
1.5. The Provider provides medical dental services on the basis of a medical practice license in accordance with Order of the Ministry of Health of Ukraine dated 19.08.2019 No. 1830.
1.6. This Agreement is binding upon the Provider from the moment it is published on the Provider’s website and placed in the Consumer Corner for public access and review.
1.7. If Ukrainian law establishes provisions that contradict this Agreement, the relevant provisions of Ukrainian law shall prevail.
2. ACCEPTANCE OF THE AGREEMENT
2.1. The Agreement shall be deemed concluded without further signing by the Parties from the moment the Patient orally or in writing contacts the Provider’s dental office to receive medical dental services or performs other actions provided for by this Agreement that indicate acceptance of all terms of this Agreement. Confirming actions of the Patient that indicate conclusion of this Agreement include: signing the treatment plan, questionnaire, informed consent to diagnostics and treatment, survey form, commencing actual use of services, paying the Provider’s invoice, etc.
2.2. The date of the Patient’s first contact with the Provider, by agreement of the Parties, shall be considered the date of conclusion of this Agreement. The Patient shall be deemed to have read and understood the Agreement at the moment of its conclusion.
2.3. Each Party warrants to the other Party that it has the necessary legal capacity, as well as all rights and authority necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
2.4. By concluding this Agreement, the Patient automatically agrees to full and unconditional acceptance of the provisions of this Agreement and all possible appendices thereto.
2.5. Before starting to use medical dental services, each Patient must review the terms of this Agreement, the tariffs for the Services, the Provider’s warranty obligations, as well as the Rules for staying and receiving services in the Provider’s dental office, which are published on the Provider’s official website and in the Consumer Corner (folder).
2.6. All terms of this Agreement set out in this Public Offer are binding on the Parties. If the Patient does not agree with the terms of the Agreement, the Patient is not entitled to conclude this Agreement.
2.7. Upon the Patient’s written request, the Provider shall provide the Patient with a written copy of this Agreement certified by the signature of the Provider’s authorized representative.
3. SUBJECT OF THE AGREEMENT
3.1. The Provider undertakes, upon the Patient’s instruction and consent, to provide the Patient (or a person in whose interests this Agreement is concluded) one or more paid medical dental services from the Provider’s list of medical services aimed at improving the Patient’s health condition and according to the established diagnosis (hereinafter — the “Services”), and the Patient undertakes to accept and pay for the Services on the terms set out in this Agreement.
3.2. The scope, type, cost, and сроки for providing the Services are determined taking into account the Patient’s health condition, medical indications, the Patient’s wishes, and the Provider’s technical capabilities.
3.3. Based on the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines methods and possible treatment options, consequences of treatment and expected results, degree of risk and possible complications, and informs the Patient in detail.
3.4. Following the initial examination, the attending physician prepares a Treatment Plan, which defines the scope of Services agreed by the Parties and their preliminary cost. A necessary condition for performance of the Agreement is the Patient’s consent to the proposed Treatment Plan, confirmed by the Patient’s signature or by the Patient’s actual receipt of the services specified in the Treatment Plan.
3.5. During the term of this Agreement, the Parties may prepare several Treatment Plans (in which case the terms of an additional Treatment Plan supplement the previous Treatment Plan) or amend the Treatment Plan.
3.6. The Patient agrees that if it is necessary to undergo additional examinations or obtain consultation from a профильного specialist not available from the Provider, the Patient must undergo such examination or consultation within the timeframe set by the Provider and pay for such services according to the tariffs of the relevant medical institutions.
4. PLACE OF SERVICE PROVISION
4.1. The dental office is located at the following address: Kyiv, 37/1 Vasylia Tiutiunnyka Street.
5. PROCEDURE FOR PROVIDING SERVICES
5.1. Services are provided in the Provider’s dental office in accordance with the Rules, using certified equipment and medical devices and materials permitted for use.
5.2. The attending physician is appointed by the Provider.
5.3. Services are provided in accordance with the Patient’s Informed Voluntary Consent for diagnostics, treatment, surgery, and anesthesia, executed in the form established by Ukrainian law and may additionally be executed in a form (questionnaire) determined by the Provider before the first Service and before other Services, the list of which is determined by the Provider. The Parties agreed that signing informed consents and/or questionnaires is a necessary condition for commencement of Services.
5.4. Services are provided during the Provider’s working hours. Services are provided by appointment, made by phone or upon the Patient’s personal request. Services without an appointment are possible only if there are no other Patients scheduled for that time. The date and time of each Service are agreed by the Provider and the Patient orally or in writing (by signing a visit schedule or in another informative form).
5.5. The date and time of each Service may be changed at the Patient’s initiative prior to the scheduled time of such Service.
5.6. In case of lateness, the Patient must inform the Provider’s administrator in advance. If the Patient’s lateness results in schedule disruption, another visit time shall be agreed with the Patient.
5.7. The date and time of each Service may be changed at the Provider’s initiative in the following cases:
5.7.1. if the Patient’s health condition before the Service makes it impossible to provide the Service or significantly increases the risks of complications, threats to the Patient’s life or health, or other serious negative consequences;
5.7.2. occurrence of force majeure circumstances that make it impossible for the Provider to provide the Service.
5.8. The Provider has no right to disclose to third parties information about the Patient’s illness, medical examinations, examinations and their results, or intimate and family aspects of the Patient’s life that became known in connection with performance of this Agreement, except as provided by Ukrainian law.
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 approved by the Provider. Tariffs have the legal force of an agreement on the agreed 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 detected during treatment. Approval of the Treatment Plan and the cost of permanent dental work occurs only upon full completion of therapeutic, surgical, and orthodontic treatment.
6.3. Prices specified in the Treatment Plan are valid during the period stated in the Treatment Plan. After this period expires, the cost of Services is determined based on the Provider’s tariffs effective at the time the Service is provided.
6.4. The Patient pays for Services by one of the following methods at the Patient’s choice:
6.4.1. cash payment;
6.4.2. payment by Visa/Mastercard bank cards, bank transfer (non-cash), through a payment service provider.
6.5. Services are paid by the Patient on the day the Service is provided — before the Service or immediately after it — in the amount of the full cost of the Service provided during that specific visit.
6.6. The Patient may make an advance payment for Services defined in the Treatment Plan. The cost of Services paid by the Patient as an advance payment shall not be revised by the Provider in case of changes in tariffs and is determined according to the tariffs effective on the date of payment.
6.7. For certain types of Services that require advance expenses by the Provider (individual ordering of treatment constructions for the Patient from third parties, etc.), the Patient must make a prepayment of up to 70% of the cost of such constructions. The amount of the prepayment and the deadline are indicated in the Treatment Plan and/or in the invoice provided to the Patient in advance.
6.8. Services paid by non-cash method are provided only subject to 100% advance payment.
6.9. If the total cost of all components of Services provided under advance payment exceeds the amount of the Patient’s advance payment, the Patient must pay the difference no later than the day the Services are completed.
6.10. If, in a particular visit, there is an increase between the estimated cost of the Service (part of the Service) and the amount of the invoice issued to the Patient, the Patient must pay the invoice no later than the next day after the Service (part of the Services) is provided. In such case, the Patient must sign the Services Acceptance Certificate listing the Services provided and indicating the amount of the Patient’s outstanding debt.
6.11. If the Patient lacks sufficient funds to pay for received Services, the Patient’s debt to the Provider may be formalized by an additional agreement on payment for Services in installments.
6.12. Treatment under insurance is provided subject to the Provider’s prior conclusion of an appropriate agreement with the insurance company.
6.13. The Patient may be granted a discount on the cost of a Service, the amount of which is determined according to the procedure established by the Provider.
6.14. If, during provision of Services, there is a need to adjust them (provide additional services or amend the Treatment Plan), the final cost of Services under this Agreement is adjusted accordingly. Such changes are agreed by the Parties before the additional or amended Services are provided. The Patient has the right to refuse adjustment and continue receiving Services according to the agreed Treatment Plan. If such refusal makes further provision of Services impossible for medical reasons, the Provider has the right to unilaterally terminate this Agreement, and the Patient must pay for Services actually received. If the Patient does not object to changes or additions to the Treatment Plan, Services continue under the new terms with a new or additional Treatment Plan signed.
6.15. If, due to the Provider’s fault, Services are not provided in full, the cost of unpaid and not provided Services is reimbursed to the Patient within three business days from the Patient’s request.
6.16. If provision of Services (part of the Services) is impossible due to the Patient’s failure to attend an appointment or procedure, the Patient’s refusal to continue receiving Services, or the Patient’s violation of this Agreement and/or the Rules, the Provider returns to the Patient within three business days from the Patient’s request the prepaid amount minus actually incurred expenses and expenses for manufacturing (ordering) treatment constructions for the Patient.
6.17. The Patient is not entitled to refuse payment for agreed and actually provided Services.
6.18. In all cases where the cost of Services provided to the Patient is not directly specified in the Treatment Plan, including where Services specified in the Treatment Plan are provided not in full, the cost of such Services (part of the Services) is determined according to the Provider’s current tariffs.
6.19. The total cost of Services under this Agreement is determined as the cumulative cost of all Services provided to the Patient.
7. PROCEDURE FOR ACCEPTANCE OF SERVICES
7.1. Acceptance and transfer of the Services provided is carried out orally, or at the request of either Party, by executing a Services Acceptance Certificate (hereinafter — the “Certificate”), which is prepared by the Provider in two copies and provided to the Patient for signing.
7.2. The Patient shall sign both copies of the Certificate or provide a written, reasoned refusal to sign it.
7.3. If the Patient does not provide a written, reasoned refusal to sign the Certificate, the Service shall be deemed duly provided by the Provider and duly accepted by the Patient.
7.4. If a written, reasoned refusal to sign the Certificate is provided, the Provider shall review such refusal within 10 (ten) calendar days and notify the Patient in writing of the review results. If the Patient’s refusal is justified, the Parties shall execute a bilateral claim report listing the necessary corrections and the deadlines for their completion.
7.5. If several Services are provided to the Patient, the Provider has the right to issue one Certificate listing the entire scope of Services provided.
8. RIGHTS AND OBLIGATIONS OF THE PATIENT
8.1. The Patient has the right to:
8.1.1. join this Agreement on the terms proposed by the Provider;
8.1.2. receive full information about the medical services provided by the Provider before ordering the Services;
8.1.3. agree with the Provider on the estimated cost of the Services by signing the Treatment Plan;
8.1.4. receive Services of proper quality;
8.1.5. receive accurate and complete information about their health condition, including the right to review relevant medical documents related to their health that are kept by the Provider;
8.1.6. receive accurate and complete information about contraindications, possible complications and risks (including risks to life and health), and the prognosis of the possible course of the disease when Services are provided;
8.1.7. choose a treatment method based on the attending physician’s recommendations, if several treatment plan options are offered, having previously reviewed the examination results, diagnosis, treatment methods, related risks, advantages and disadvantages of different treatment plans, and possible complications;
8.1.8. request replacement of the attending physician (if the Provider has other doctors with the relevant qualifications);
8.1.9. if the Treatment Plan and the preliminary estimated cost of Services change during treatment, the Patient has the right, at their choice, to:
(a) agree to the new/additional Treatment Plan and approve its cost;
(b) refuse the proposed changes and continue treatment under the previously agreed conditions;
(c) terminate the Agreement and settle payments for Services actually provided;
8.1.10. confidentiality regarding their health condition, the fact of seeking medical assistance, diagnosis, and information obtained during medical examinations;
8.1.11. correction of deficiencies in the provided Service during the warranty period;
8.1.12. contact the Provider with proposals, applications, feedback, etc. regarding the Services provided;
8.1.13. refuse to receive a Service (part of a Service) at any time during the term of the Agreement, having first paid for all Services actually provided up to the moment of refusal.
8.2. The Patient shall:
8.2.1. before concluding the Agreement, review the Provider’s tariffs, Rules, and warranty obligations;
8.2.2. arrive at the dental office on time on the date and at the time scheduled for the Services;
8.2.3. notify the dental office in advance of an objective inability to attend the appointment or procedures;
8.2.4. strictly comply with the Provider’s Rules while on the premises of the dental office;
8.2.5. before the start of Services, inform the attending physician of the full list of medications used by the Patient, as well as all known diseases, conditions, allergic or specific reactions to medications and food products, and other material information about their health condition;
8.2.6. accurately and timely follow oral or written prescriptions and recommendations of the attending physician, adhere to the Treatment Plan, and timely appear for additional examinations, follow-up and preventive check-ups as scheduled;
8.2.7. provide originals or copies of documents containing information about their health condition that are necessary for the Provider to render the Services;
8.2.8. inform the attending physician about improvement or deterioration in well-being, the appearance or disappearance of symptoms, and other information about changes in health condition throughout the treatment period;
8.2.9. accept Services of proper quality and sign Certificates;
8.2.10. pay for the Services in the manner and on the terms defined by this Agreement;
8.2.11. pay for unapproved additional Services provided by the Provider to avoid negative consequences for the Patient’s life or health;
8.2.12. review the informed consents for diagnostics, treatment, and anesthesia in Appendix 1 to this Agreement, and sign the Provider’s questionnaires and survey forms;
8.2.13. comply with the rules for using installed therapeutic constructions;
8.2.14. not engage in self-treatment.
9. RIGHTS AND OBLIGATIONS OF THE PROVIDER
9.1. The Provider has the right to:
9.1.1. make amendments to this Agreement, as well as to the list of Services, and change the price of each Service;
9.1.2. run promotions, provide discounts and additional benefits for Services;
9.1.3. receive payment for Services provided in the manner stipulated by this Agreement;
9.1.4. process personal data and other information about the Patient in accordance with the requirements of Ukrainian personal data protection legislation;
9.1.5. if necessary, subject to prior agreement with the Patient, make changes to the Treatment Plan;
9.1.6. independently determine and appoint attending physicians who will provide Services to the Patient;
9.1.7. in the event of emergencies, unforeseen situations, or complications during medical interventions — independently determine the scope of all necessary and possible measures to eliminate them;
9.1.8. provide incomplete information about the Patient’s health condition or restrict the Patient’s access to certain medical documents if information about the Patient’s disease may worsen their health condition or harm the treatment process;
9.1.9. make audio recordings of telephone conversations with the Patient;
9.1.10. take photo and/or video recordings of the process of providing Services and subsequently use depersonalized results of such recordings for advertising, marketing, educational and other purposes that do not contradict Ukrainian law;
9.1.11. reschedule a visit in case of the unforeseen absence of the attending physician or, if possible, appoint another attending physician to provide treatment with the Patient’s consent;
9.1.12. in case of the Patient’s lateness, unilaterally change the timeframe for providing Services or cancel provision of such Services;
9.1.13. refer the Patient to other specialized medical specialists, including to another healthcare facility, in order to уточнити the diagnosis and choose the optimal treatment plan;
9.1.14. not start (or suspend) provision of Services in the following cases:
(a) the Patient’s refusal to sign informed consents and/or questionnaires, or to complete the medical history (health questionnaire);
(b) occurrence of the Patient’s payment arrears for Services (until such arrears are fully repaid);
(c) detection during examination of contraindications for implantation that may affect the effectiveness of this complex method of correcting dentition defects;
(d) the Patient’s refusal to provide truthful information about their health condition, to review (confirming such fact by signature) statements of the Provider’s medical-legal documentation;
(e) detection during examination of a disease (pathology) the treatment of which is impossible in the dental office due to licensing restrictions, staff qualifications, or technical equipment; or the Patient’s refusal to treat such pathology if this makes provision of Services under the Treatment Plan impossible;
(f) the Patient being under the influence of alcohol or наркотичних substances, or in another painful condition that prevents provision of quality Services;
(g) the Patient’s failure to arrive at the agreed date and time to receive the relevant Services;
9.1.15. refuse to provide Services at any time (provided such refusal does not threaten the Patient’s life) in the following cases:
(a) the Patient providing incomplete and/or inaccurate data about themselves and/or their health condition;
(b) the presence of medical contraindications to treatment by methods agreed by the Parties;
(c) the Patient’s refusal to undergo examinations necessary for further treatment;
(d) if the Patient insists on the use of medicines or diagnostic/treatment methods that are not permitted in Ukraine;
(e) the Patient’s failure to comply with prescriptions or the treatment schedule set by the attending physician;
(f) the Patient’s violation of the Rules for staying and receiving services in the dental office.
9.2. The Provider shall:
9.2.1. conduct an initial examination of the Patient at the time agreed with the Patient to establish a preliminary diagnosis, determine the necessary scope of treatment, calculate the cost of treatment, and inform the Patient of the results;
9.2.2. if additional diagnostic methods are needed to establish the final diagnosis, perform them, and if this is not possible — inform the Patient and refer them to another healthcare facility or specialized medical specialist;
9.2.3. provide Services of proper quality in accordance with the final diagnosis, the Treatment Plan, and the cost calculation agreed by the Parties;
9.2.4. ensure provision of all necessary Services to the Patient as provided by this Agreement and the agreed Treatment Plan;
9.2.5. create proper and safe conditions for the Patient’s stay in the dental office;
9.2.6. ensure the most rational treatment methods according to medical indications;
9.2.7. inform the Patient about circumstances that may arise and lead to an increase in the scope of Services, as well as possible risks and complications during provision of Services;
9.2.8. if changes occur during treatment, agree with the Patient an additional or new Treatment Plan and its estimated cost;
9.2.9. provide the Patient with medical prescriptions and recommendations after providing the Service;
9.2.10. upon the Patient’s request, provide information about the Provider’s working hours and the terms and procedure for providing Services;
9.2.11. after completion of treatment, provide, upon the Patient’s request, an extract from the medical record, copies of examination results, certificates by agreement, etc.;
9.2.12. maintain absolute confidentiality of information about the Patient’s health condition, examination results, and intimate and family aspects of the Patient’s life;
9.2.13. use medicines and medical devices permitted for use in Ukraine;
9.2.14. maintain and store medical documentation and reporting in accordance with Ukrainian law.
10. IMPLANTATION
10.1. The implant placement procedure is carried out in two stages:
Stage 1: placement of the intraosseous part of the implant;
Stage 2: (approximately after 3–6 months) placement of a gingival former, and then the abutment element — after 10–20 days.
10.2. Implantation is a procedure that is less traumatic than tooth extraction. During the procedure, which is performed under anesthesia, Patients usually do not experience significant discomfort.
10.3. The main advantages of implantation compared to conventional prosthetics methods are:
- solving the problem of poor fixation of removable dentures (possibility to fix a full removable denture on 2 or 4 implants) or complete отказ from removable dentures (when placing a sufficient number of implants);
- the ability to keep intact teeth adjacent to the dentition defect, achieve adequate functional load, and prevent overload of these teeth;
- if necessary, the external (crown) part of the implant can be replaced.
10.4. In addition to advantages, implantation has disadvantages:
(a) the need for surgical intervention;
(b) long and complex treatment;
(c) possible serious complications;
(d) difficult-to-predict long-term treatment outcome and aesthetic effect.
10.5. Possible complications include osteomyelitis (inflammatory processes in bone tissue), necrosis of bone, penetration (damage/perforation of the maxillary sinus and mandibular canal), increased tooth mobility which may result in the need for extraction.
After surgery, some Patients may experience an inflammatory healing process of the gums, temporomandibular joint pathology; consequences may include headache radiating to the neck and facial muscles, fatigue of the chewing muscles, swelling, changes of mucosa at the surgical site, numbness of the lip, tongue, cheek and teeth, slow healing, allergic reactions to medicines used, etc.
11. QUALITY OF SERVICES
11.1. Services are provided by medical staff of the Provider’s dental office who have the necessary specialized education and meet unified qualification requirements under Ukrainian law. Certain types of Services may be provided by different medical specialists of the Provider.
11.2. Services are provided in accordance with sectoral standards in healthcare and/or medical care protocols approved by the Ministry of Health of Ukraine.
11.3. The quality of Services must comply with the requirements of Ukrainian law.
11.4. Services must be safe for the Patient’s health.
11.5. Quality control of medical care is carried out in cases, according to the procedure, and within the timeframes provided by Ukrainian law.
12. WARRANTY SERVICE CONDITIONS
12.1. The Provider guarantees the quality of the Services provided. The warranty applies to those types of Services, the list of which is approved by the Provider and the Ministry of Health of Ukraine. Detailed information about the Provider’s warranty obligations is available in the Consumer Corner (folder) and on the Provider’s official website.
12.2. In cases where, when approving the Treatment Plan, the Patient insists on medical interventions the positive result of which is highly doubtful or the effect of which will not be stable, as well as where the Patient wishes to satisfy non-standard aesthetic preferences, warranty obligations are not provided, and the Patient submits a written statement waiving warranty obligations and acknowledging possible negative consequences.
12.3. Any defects, incomplete works, or other deficiencies in the Services detected by the Patient during the warranty period shall be remedied by the Provider free of charge within the period agreed by the Parties, provided that:
12.3.1. the Patient follows all doctor’s recommendations, including dietary restrictions and oral hygiene requirements;
12.3.2. the Patient complies with the rules for using the result of the Services, including orthodontic appliances, a restored tooth, etc., and there are no injuries or mechanical damage;
12.3.3. the Patient attends appointments in a timely manner to continue treatment;
12.3.4. the Patient attends scheduled follow-up examinations;
12.3.5. the Patient contacts the dental office immediately, no later than within three days from the moment the deficiencies are discovered, to have them remedied.
12.4. If the Patient fails to comply with any condition specified in clause 12.3 of this Agreement, the Provider’s warranty obligations terminate and the Patient loses the right to make claims related to deficiencies in the Services 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. In accordance with the Law of Ukraine “On Personal Data Protection”, the Provider informs the Patient that their personal data are processed during performance of this Agreement.
13.2. The controller of personal data is the Provider.
13.3. Personal data are collected for healthcare purposes, establishing a medical diagnosis, and ensuring care or treatment or providing medical services (Clause 6, Part 2, Article 7 of the Law of Ukraine “On Personal Data Protection”).
13.4. The scope and content of personal data processed by the Provider:
13.4.1. general data (including, but not limited to: last name, first name, patronymic, gender, date and place of birth, registration address and residence, marital status, contact details);
13.4.2. special data related to the person’s health condition (including, but not limited to: the fact of seeking medical assistance, medical information about the person that contains not only evidence of health condition but also medical history, proposed examinations and treatment measures, prognosis of possible disease development, risk to life and health, information on disability status, genetic data, etc.).
13.5. The Patient has the following rights in the field of personal data protection:
13.5.1. know the sources of collection, the location of their personal data, the purpose of processing, and the location or place of residence (stay) of the personal data controller;
13.5.2. receive information about the terms of access to personal data, including information about third parties to whom personal data are transferred;
13.5.3. access their personal data;
13.5.4. receive, no later than within 30 calendar days from the date of receipt of the request (except as provided by law), an answer as to whether their personal data are processed, and obtain the content of such personal data;
13.5.5. submit a reasoned request to the Provider objecting to processing of their personal data;
13.5.6. submit a reasoned request to the Provider to amend or destroy their personal data if such data are processed unlawfully or are inaccurate;
13.5.7. protect their personal data from unlawful processing and accidental loss, destruction, or damage due to intentional concealment, failure to provide or late provision, and also from dissemination of inaccurate information that damages honor, dignity, and business reputation of an individual;
13.5.8. file complaints about processing of their personal data with the Commissioner or a court;
13.5.9. use legal remedies in case of violation of personal data protection legislation;
13.5.10. know the mechanism of automated processing of personal data;
13.5.11. be protected from an automated decision that has legal consequences for the Patient.
13.6. Patients’ personal data are stored in the form of files and/or local electronic databases.
13.7. The Provider undertakes to ensure confidentiality and security of the Patient’s personal data during processing. The Provider’s employees process the Patient’s personal data exclusively in connection with performance of their professional duties and undertake to prevent disclosure of personal data entrusted to them or that became known in connection with performance of professional, official, and employment duties.
13.8. The Provider may transfer Patients’ personal data to the prosecutor’s office, law enforcement and judicial authorities, guardianship authorities, MSEC, Social Insurance Fund, etc., exclusively to the extent necessary for them to exercise their powers.
13.9. Lawyers have the right of access only to personal data of those Patients who are their clients, and exclusively if such clients provide consent to such transfer. Personal data are transferred to other persons only with the Patient’s consent or the consent of their legal representative (parents, guardian, or custodian). For scientific and statistical purposes, depersonalized personal data that do not allow identification may be transferred.
13.10. The Patient consents to the Provider using the contact details provided by the Patient for the purposes of informing the Patient, communicating with the Patient; sending medical, informational and/or advertising messages; sending messages the text of which may contain personal and confidential information about the Patient. Upon the Patient’s written request, the Patient’s contact details are excluded from the list of recipients for informational and advertising messages.
14. CONFIDENTIALITY
14.1. Confidential information under this Agreement includes information about the fact of the Patient’s seeking medical assistance, the established diagnosis, the list of Services provided, as well as other information that is confidential (restricted access) under applicable law.
14.2. The Provider undertakes to maintain confidentiality of information received during performance of this Agreement.
14.3. The Provider declares that confidentiality obligations under this section are indefinite and remain valid after expiration of this Agreement.
15. LIABILITY OF THE PARTIES
15.1. For non-performance or improper performance of obligations, the Parties bear liability in accordance with applicable Ukrainian law and this Agreement.
15.2. The Patient is responsible for the accuracy of information provided about their health, compliance with doctor’s recommendations, and timely payment for Services.
15.3. The Provider is responsible for the quality and safety of Services provided.
15.4. In case of overdue payment for Services, the Provider has the right to demand from the Patient a penalty in the amount of double the National Bank of Ukraine discount rate applied to the actual outstanding debt for each day of delay, and in case of delay exceeding 30 (thirty) days — additionally demand a fine in the amount equal to the debt amount.
15.5. The following are not indicators of improper quality of Services provided by the Provider:
15.5.1. complications and other side effects arising due to biological особенностей of the Patient’s body, the probability of which cannot be fully excluded by current knowledge and technology, provided the Services were rendered in compliance with all required actions and conditions;
15.5.2. possible discomfort caused by the specifics of medical methodologies and resulting from the body’s reaction to physical or chemical effects of medicines, which passes within a reasonable period and about which the Patient was informed in advance by the attending physician;
15.5.3. complications that occurred after Services were provided in case of gross non-compliance (violation) by the Patient of recommendations provided by the attending physician.
15.6. The Provider is released from liability for the result of Services and for harm caused to the Patient’s health in the following cases:
15.6.1. the Patient’s failure to follow prescriptions and recommendations of the attending physician and the Treatment Plan;
15.6.2. the Patient’s failure to attend or untimely attendance of scheduled appointments or follow-up examinations;
15.6.3. the Patient’s refusal to continue treatment and/or early termination of the Agreement;
15.6.4. failure or late failure by the Patient to provide material information about their health condition (medical history), harmful habits, or providing knowingly false information;
15.6.5. receiving medical care in other healthcare facilities or from other medical specialists;
15.6.6. untimely informing the doctor about complications arising during the term of this Agreement;
15.6.7. use of medicines or medical devices of improper quality or not prescribed by the Provider’s doctors;
15.6.8. occurrence of allergy or intolerance to medicines or materials permitted for use;
15.6.9. development of diseases or pathologies not related to Services under this Agreement.
15.7. The Patient has been informed that modern medicine is not an exact science; therefore diagnostics and treatment cannot guarantee an accurate and positive effect. The Patient understands that due to limitations of modern medicine, complexity of diagnostics and treatment of certain diseases, and individuality of each Patient’s организм, the Services offered by the Provider may not yield the expected result and may even cause deterioration of the Patient’s health, atypical reactions, and complications not covered by medical standards (protocols) and not described in specialized literature.
16. FORCE MAJEURE
16.1. The Provider is released from liability for non-performance or improper performance of obligations under this Agreement in case of force majeure circumstances that did not exist at the time of conclusion of the Agreement and arose beyond the Parties’ will (accident, catastrophe, natural disaster, epidemic, epizootic, quarantine, war, hostilities, civil unrest, strike, terrorist acts or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, interruptions in supply of natural gas or drinking water, equipment breakdown, temporary incapacity of doctors or other medical personnel of the Provider, etc.).
16.2. The Patient is released from liability for non-performance or improper performance of obligations under this Agreement in case of force majeure circumstances that did not exist at the time of conclusion of the Agreement and arose beyond the Parties’ will (accident, catastrophe, natural disaster, epidemic, epizootic, quarantine, war, hostilities, civil unrest, strike, terrorist acts or acts, anti-terrorist operations, fires, lightning strikes, explosions).
16.3. A Party that is unable to perform obligations under this Agreement due to force majeure must, if possible, immediately, but no later than within 3 (three) calendar days from the occurrence of such circumstances, notify the other Party.
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 Parties fail to reach agreement, disputes (disagreements) are resolved in court in accordance with Ukrainian law.
18. AMENDMENTS TO THE AGREEMENT
18.1. Amendments to this Agreement are made by the Provider unilaterally and published on the Provider’s website and in paper form at the Provider’s dental office — at reception and/or in the Consumer Corner (folder). In case of discrepancies between the terms published on the website and the paper version, the paper version prevails.
18.2. In case amendments are made to this Agreement (including changes in Service prices), the Provider must notify Patients 30 days before the expected date of implementation of amendments and/or new prices by posting an announcement on the website and at the reception area of the dental office. The announcement of new prices must also be displayed in the dental office for 2 months from the start of their implementation.
18.3. If the Patient disagrees with amendments to the Agreement, the Patient must terminate the Agreement within one week from the moment they learned or could have learned of such amendments. Continued use of Services indicates the Patient’s consent to the amendments.
19. TERM OF THE AGREEMENT AND OTHER CONDITIONS
19.1. This Agreement enters into force on the date of its conclusion and remains valid indefinitely until terminated by either Party in the manner established by the Agreement.
19.2. All timeframes for provision of Services during performance 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 terminates in the following cases:
19.3.1. by mutual consent of the Parties, including by concluding an Additional Agreement on termination of the Agreement;
19.3.2. at the Patient’s initiative by submitting to the Provider a written notice at least 10 days prior to the intended termination date. The Agreement is deemed terminated on the date specified in the notice;
19.3.3. at the Provider’s initiative in cases of the Patient’s violation of the Agreement and/or the Rules, provided all necessary actions are taken to prevent any deterioration of the Patient’s health condition due to such refusal. The Provider informs the Patient in writing of the reasons and the date from which the Agreement will be considered terminated. If the Patient cannot be reached, the termination notice is sent by mail to the address indicated in the Agreement. The Agreement is terminated on the date specified in the Provider’s notice.
19.4. The Parties unconditionally agree that the Patient’s details shall be considered the information provided by the Patient when completing the Provider’s questionnaires containing the Patient’s personal data, or when preparing the Treatment Plan and medical record.
19.5. The Patient understands and agrees that all information размещена on the Provider’s Internet resources is for informational and recommendation purposes only and cannot be interpreted as medical information or as instructions for use with respect to the Patient.
19.6. The Rules for staying and receiving services in the dental office and the current tariffs for the Provider’s medical services are approved by the Provider and posted on the website and also placed in the Consumer Corner (folder) in the dental office and provided for review upon the Patient’s first request.
19.7. On all documents related to conclusion and performance of this Agreement that require the Patient’s signature, the Patient must handwrite their last name and initials next to the signature.
20. ADDITIONAL ARRANGEMENTS OF THE PARTIES
20.1. In addition to the Provider and the Patient, a Third Party may also be a Party to this Agreement — subject to consent of the Patient and the Third Party. The Patient’s legal representative is not considered a Third Party.
20.2. If a Third Party is involved as a Party to the Agreement, the Provider has the right to request that such person present documents confirming their authority to perform certain actions on behalf of the Patient.
20.3. A Third Party is considered to accompany the Patient and may perform actions or receive information solely with the Patient’s consent, which is recorded in a separate protocol.
21. PROVIDER’S DETAILS
LLC “M-Clinic”
UA 213003460000026003093612101 at Sense Bank
MFO 300346
Ukraine, 03150
Registered address:
Business activity address:
Kyiv, Vasylia Tiutiunnyka Street, building No. 37/1
EDRPOU code 43002529