Public service agreement
1. GENERAL PROVISIONS
1.1. Відповідно до ст.ст. 633, 634, 641 Цивільного кодексу України цей Договір є публічним Договором (публічною офертою), що містить всі істотні умови надання Виконавцем медичних стоматологічних послуг та пропонує необмеженому колу фізичних осіб (Пацієнтам) отримати медичні стоматологічні послуги на умовах, визначених цим Договором.
1.2. The terms of this Agreement are uniform for all Patients, except for those who are entitled to benefits provided by the legislation of Ukraine.
1.3. The Service Provider has no right to refuse to conclude this Agreement if it has the capability (including technical, personnel, organizational, etc.) to provide the Patient with dental medical services.
1.4. The Service Provider confirms that it has all the necessary permits to conduct medical practice activities under this Agreement and bears responsibility for any violation of the Patient's rights during the execution of this Agreement and the provision of services.
1.5. The Service Provider provides dental medical services based on a medical practice license issued by order of the Ministry of Health of Ukraine, as per Licensing Decision No. 1551 dated 30.08.2023, 'On Licensing of Medical Practice.'
1.6. This Agreement becomes binding for the Service Provider from the moment it is made publicly available in the Provider's Information Corner (folder).
1.7. In the event of a conflict between this Agreement and the laws of Ukraine, the legal provisions of Ukraine shall prevail.
2. ACCEPTANCE OF THE AGREEMENT
2.1. This Agreement is considered concluded without further signing from the moment the Patient orally or in writing requests dental medical services or takes other actions specified by this Agreement, such as signing a treatment plan, informed consent for diagnostics and treatment, commencing use of the services, or paying the Service Provider's invoice.
2.2. The date of the Patient's first request for services is deemed the date of this Agreement's conclusion. The Patient is considered acquainted with the terms of the Agreement at the time of its conclusion.
2.3. Each Party guarantees that it has the necessary legal capacity, rights, and authority to enter into and fulfill this Agreement in accordance with its terms.
2.4. By concluding this Agreement, the Patient fully and unconditionally agrees to its terms and any applicable annexes.
2.5. Before using medical services, each Patient is required to familiarize themselves with the terms of this Agreement, the tariffs for services, the Service Provider's guarantees, and the rules of patient behavior and service within the dental office, which are publicly available in the Consumer Information Corner (folder).
2.6. All provisions of this public offer are binding for both Parties. If the Patient does not agree with the terms, they have no right to conclude this Agreement.
2.7. Upon the Patient's written request, the Service Provider shall provide a certified written copy of this Agreement.
3. TERMS AND DEFINITIONS
In this Agreement, the following terms, concepts, and definitions are used in the following meaning:
3.1. Dental Medical Service: Actions performed by medical personnel of the Service Provider in the dental office for the prevention, diagnosis, treatment, or rehabilitation of diseases, conditions, or pathologies of the Patient.
3.2. Patient: An individual who applies to the Service Provider for dental medical services and concludes this Agreement. For minors or incapacitated individuals, the rights and obligations under this Agreement are assumed by their legal representative.
3.3. Dental Office: A facility established by the Service Provider in accordance with licensing conditions for medical practice (Resolution No. 285 of the Cabinet of Ministers of Ukraine dated 02.03.2016) located at 65026, Ukraine, Prymorsky District, Odesa, Hretska Street, 31.
3.4. Attending Doctor: A doctor employed by the Service Provider who provides dental medical services to the Patient.
3.5. Treatment Plan: A customized plan for the Patient, developed by the attending doctor and agreed upon by the Patient, detailing preventive, diagnostic, therapeutic, and rehabilitation measures, including stages, interventions, approximate timelines, and costs.
3.6. Visitation Schedule: A schedule specifying the dates and times when the Patient must attend the dental office for services, signed by the Patient and binding for both Parties.
3.7. Informed Consent: Written or documented consent by the Patient for medical intervention, recorded either in a designated form approved by the Service Provider or in medical records.
3.8. Rules: The rules of behavior and service for patients in the dental office, established by the Service Provider, which the Patient must familiarize themselves with before concluding this Agreement.
4. SUBJECT OF THE AGREEMENT
4.1. The Service Provider undertakes to provide one or more paid dental medical services from its list to the Patient or their legal representative based on the agreed treatment plan, and the Patient agrees to accept and pay for the services under the terms of this Agreement.
4.2. The scope, type, cost, and timelines for the services depend on the Patient's health, medical indications, preferences, and the Provider's technical capabilities.
4.3. The attending doctor, based on an initial examination, establishes a preliminary diagnosis, proposes treatment methods, informs the Patient of potential outcomes and risks, and drafts a treatment plan.
4.4. Based on the results of the initial examination, the doctor prepares a Treatment Plan that defines the agreed scope of Services and their preliminary cost. The Patient's agreement with the proposed Treatment Plan is a necessary condition for the execution of this Agreement, which is confirmed by the Patient's signature or by the actual consumption of the services specified in the Treatment Plan.
4.5. During the term of the Agreement, the Parties may prepare several Treatment Plans (in which case the terms of the additional Treatment Plan will supplement the previous Treatment Plan) or modify the Treatment Plan.
4.6. The Patient agrees that if additional examination or consultation with a specialist not available at the Provider is required, they must undergo this examination or consultation within the timelines set by the Provider, paying for these services according to the rates of the respective medical institutions.
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 products and materials permitted for use.
5.2. The attending doctor is appointed by the Provider in agreement with the Patient.
5.3. The provision of services is carried out in accordance with the Patient's informed voluntary consent for diagnosis and treatment, which is оформлена in the form prescribed by the legislation of Ukraine and may additionally be оформлена in the form defined by the Provider before the provision of the first service and before the provision of other services, the list of which is determined by the Provider. The Parties have agreed that the signing of informed consents is a necessary condition for the start of service provision.
5.4. Services are provided by appointment, which is made by phone or in person by the Patient. Services can be provided without prior appointment only in the case of the absence of prior appointments for that time. The date and time for the provision of each service is agreed upon by the Provider and the Patient in either oral or written form (by signing the visitation schedule).
5.5. The date and time for the provision of each service may be changed at the initiative of the Patient before the scheduled time for the service.
5.6. In case of delay, the Patient must notify the attending doctor in advance. If the delay causes a disruption in the schedule, another time for the visit will be agreed upon with the Patient.
5.7. The date and time for the provision of each service may be changed at the initiative of the Provider in the following cases:
5.7.1. If the Patient's health condition prevents the service from being provided or significantly increases the risks of complications, life or health threats to the Patient, or other severe or negative consequences.
5.7.2. The occurrence of force majeure circumstances that prevent the Provider from providing the service.
5.8. The Provider is not allowed to disclose third-party information about the Patient's illness, medical examination, review, and their results, as well as intimate and family matters of the Patient that became known in connection with the performance of this Agreement, except in cases provided for 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 approved by the Provider. The tariffs for services have legal force as an agreement on the agreed price.
6.2. The preliminary cost of services is specified in the Treatment Plan and does not include the cost of treating hidden pathologies that may be discovered during treatment. The Treatment Plan and the cost of permanent orthopedic works are agreed upon only upon the completion of the treatment.
6.3. The prices indicated in the Treatment Plan are valid for the period specified in the Treatment Plan. After the expiration of this period, the cost of services is determined based on the applicable tariffs of the Provider at the time of service provision.
6.4. Services are paid by the Patient in one of the following ways, at the Patient's choice:
6.4.1. Cash payment to the Provider's cash desk;
6.4.2. Payment by payment card using the Provider's bank's payment device;
6.4.3. Payment of the Provider's invoices by bank transfer.
6.5. Services are paid by the Patient on the day of service provision - either before or immediately after the service is provided, for the full cost of the service provided during that visit.
6.6. The Patient has the right to make a prepayment for services. The cost of services paid by the Patient as prepayment cannot be adjusted by the Provider if tariffs for services change 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 of service provision. Otherwise, the services will be recalculated according to the tariffs of the Provider valid at the time of service provision.
6.7. For certain services that involve preliminary costs for the Provider (such as custom orders for orthopedic 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 the deadline for its submission are specified in the Treatment Plan and/or the invoice provided to the Patient in advance.
6.8. Services paid by bank transfer are provided on the condition that the Patient makes a prepayment of 100% of the total cost of services specified in the Treatment Plan. If the services specified in the Treatment Plan are provided during several visits, the Patient has the right to make partial prepayments for services, each equal to 100% of the cost of the service to be provided during that visit.
6.9. If the total cost of all services provided under prepayment exceeds the amount of the Patient's prepayment, the Patient must settle the difference no later than the day the services are completed.
6.10. In case of discrepancies increasing the estimated cost of the service (part of the service) and the amount of the invoice issued to the Patient for that visit, the Patient is required to pay the invoice no later than the following day after service provision. In this case, the Patient must sign the Act of Provided Services listing the services rendered and indicating the amount owed by the Patient for the services.
6.11. If the Patient lacks funds to pay for the received services, the debt can be formalized through an additional agreement for installment payments for the services.
6.12. The Patient may receive a discount on the cost of services, the amount of which is determined in the manner established by the Provider.
6.13. If the need arises to correct the services (provide additional services or modify the Treatment Plan), the final cost of services under the Agreement will be adjusted accordingly. Such changes are agreed upon by the Parties before providing the 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 prevents the continuation of services for medical reasons, the Provider has the right to unilaterally terminate the Agreement, and the Patient must pay for the services actually provided. If the Patient does not object to the change or addition of the Treatment Plan, the services will continue under the new terms, with a new or additional Treatment Plan signed.
6.14. If, due to the Provider's fault, services are not provided in full, the cost of the unpaid and paid services will be refunded to the Patient within three working days from the moment the Patient submits a relevant request.
6.15. In case of inability to provide services (part of the services) due to the Patient's failure to appear for the doctor's appointment or other medical procedure, refusal of the Patient from further services, or violation of the Patient's obligations under this Agreement and/or the Rules, the Provider will return the prepayment made by the Patient, less actual costs and expenses for manufacturing (ordering) dental structures for the Patient, within three working days from the moment the Patient submits a relevant request.
6.16. The Patient has no right to refuse payment for the agreed and actually provided services.
6.17. In all cases where the cost of services provided to the Patient is not directly defined in the Treatment Plan, including when services specified in the Treatment Plan are not fully provided, the cost of such services (part of the services) is determined according to the Provider's current tariffs.
6.18. The total cost of services under this Agreement is determined by the total cost of all services provided to the Patient.
6.19. The conditions of this section regarding the payment for services do not apply to cases where medical services are paid by insurers under medical insurance agreements or other third parties.
7. PAYMENT PROCEDURE FOR SERVICES BY A THIRD PARTY
7.1. Any Services under this Agreement may be paid by a third party as agreed between such a party and the Patient and provided that a separate agreement is concluded between the third party (payer) and the Provider. Medical services paid by a third party are provided under the general terms of this Agreement with the following special conditions:
7.1.1. Services under this Agreement are considered paid when the funds are received by the Provider's cash desk or the Provider's current account specified in this Agreement, with the payment description "For providing medical services, full name of the Patient (first name, patronymic, last name)."
7.1.2. Before ordering Services paid by a third party, the Patient must ensure that an agreement is signed between the third party and the Provider in the form provided by the Provider and submit the signed agreement to the Provider.
7.1.3. In case of non-payment (partial payment) of Services by the third party for any reason (refusal by the third party, refund at the request of the third party, etc.), the unpaid obligation for payment of the Services is transferred to the Patient. In this case, the Patient is obligated to pay for the Services independently within 5 (five) calendar days from the moment of receiving the Provider's payment request for the Services.
7.2. Services under medical insurance agreements are provided to the Patient only after the Provider has entered into a corresponding agreement with the insurance company regarding the payment for services. The payment procedure for services is established in the agreement between the Provider and the insurer.
8. PROCEDURE FOR ACCEPTANCE OF SERVICES
8.1. The acceptance and transfer of the provided Services is carried out orally or, at the request of either Party, by drawing up an Act of Provided Services (hereinafter – the Act), which is prepared by the Provider in two copies and provided to the Patient for signing.
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 is considered duly provided by the Provider and duly accepted by the Patient.
8.4. In case of a written reasoned refusal to sign the Act, the Provider shall consider such refusal within 10 (ten) calendar days and notify the Patient in writing about the results of the review. If the refusal is justified, the Parties will draw up a bilateral claim act listing the necessary improvements and the deadlines for their completion.
8.5. If the Patient has received multiple Services during different visits, the Provider has the right to draw up one Act listing all the provided Services.
9. RIGHTS OF THE PARTIES
9.1. The Patient has the right to:
9.1.1. Join this Agreement under the terms proposed by the Provider.
9.1.2. Obtain complete information about the medical services provided by the Provider before ordering the Services.
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 truthful and complete information about the state of their health, including reviewing the relevant medical documents related to their health stored by the Provider.
9.1.6. Receive truthful and complete information about contraindications, possible complications, and risks (including for life and health), as well as the prognosis of the disease's possible development during the provision of Services.
9.1.7. Choose the treatment method in accordance with the doctor's recommendations, if the doctor has determined several options for the treatment plan, after reviewing the examination results, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, and possible complications.
9.1.8. Demand the replacement of the treating physician (if the Provider has other doctors with the appropriate qualifications).
9.1.9. In case of changes in the Treatment Plan and the previously estimated cost of Services during the treatment process, the Patient has the right to choose:
(a) agree with the new/additional Treatment Plan and agree on its cost;
(b) refuse the proposed changes;
(c) terminate the Agreement and settle the payment for the Services actually provided.
9.1.10. The right to confidentiality regarding the state of their health, the fact of seeking medical help, diagnosis, and information obtained during their medical examination.
9.1.11. The right to have any deficiencies in the provided Service corrected within the warranty period.
9.1.12. The right to address the Provider with suggestions, statements, feedback, etc., regarding the provided Services.
9.1.13. The right to refuse to receive a Service (or part of the Service) at any time during the term of the Agreement, provided that all Services provided until the moment of refusal are paid for.
9.2. The Provider has the right to:
9.2.1. Make changes to this Agreement as well as to the list of Services and change the price of each Service before it is provided to the Patient.
9.2.2. Conduct promotions, offer discounts, and provide additional benefits on Services.
9.2.3. Receive payment for the provided Services in accordance with the terms of this Agreement.
9.2.4. Process the Patient's personal data and other information about the Patient in accordance with the requirements of Ukrainian legislation on the protection of personal data.
9.2.5. If necessary, with prior agreement with the Patient, make changes to the Treatment Plan.
9.2.6. In case of emergency conditions, unforeseen situations, or complications during medical procedures, determine the scope of all necessary and possible measures to eliminate them.
9.2.7. Provide incomplete information about the Patient's health status, limit their access to certain medical documents if the information about the Patient's illness could worsen their health or interfere with the treatment process.
9.2.8. Record telephone conversations with the Patient.
9.2.9. Take photo and/or video recordings of the service provision process and use the anonymized results of such recordings for advertising, marketing, educational, and other purposes in compliance with Ukrainian law.
9.2.10. Reschedule an appointment in case of the physician's unforeseen absence or, if possible, assign another physician to carry out the treatment with the Patient's consent.
9.2.11. In case of the Patient's lateness, unilaterally change the date of service provision or cancel the service.
9.2.12. Refer the Patient to other specialized medical specialists, including to another healthcare institution, for the purpose of clarifying the diagnosis and selecting the optimal treatment plan.
9.2.13. Not start (or suspend) the provision of Services in the following cases:
(a) the Patient refuses to sign informed consents or fill out medical history (health questionnaire);
(b) the Patient has outstanding payment for Services (until the debt is fully paid);
(c) a disease (pathology) is found during the Patient's examination, the treatment of which is not possible by the Provider's doctors due to licensing restrictions, the qualification of medical personnel, or technical equipment, or if the Patient refuses to treat such pathology, which prevents the provision of Services according to the Treatment Plan;
(d) the Patient is in a state of alcohol or drug intoxication or other health condition that hinders the provision of quality Services;
(e) the Patient does not arrive at the scheduled date and time for receiving the Services.
9.2.14. 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 information about themselves and/or their health status;
(b) the presence of medical contraindications to undergoing treatment methods that were determined by the Parties;
(c) the Patient refuses to undergo necessary examinations for further treatment;
(d) if the Patient insists on using medications or diagnostic and treatment methods not permitted for use in Ukraine;
(e) the Patient fails to follow the prescribed treatment plan or schedule;
(f) the Patient violates the Rules of stay and service for patients.
10. OBLIGATIONS OF THE PARTIES
10.1. The Patient is obligated to:
10.1.1. Familiarize themselves with the Provider’s rates, Rules, and guarantees before entering into the Agreement.
10.1.2. Arrive at the Provider's dental office on time and on the scheduled date and time of service.
10.1.3. Notify the Provider by phone at least 24 hours in advance if unable to attend a scheduled appointment.
10.1.4. Strictly adhere to the Rules while on the Provider’s premises.
10.1.5. Inform the attending physician before services begin of all medications being taken, known diseases, allergies, or reactions to medications or foods, as well as any other important health information.
10.1.6. Accurately and promptly follow all verbal or written instructions and recommendations from the attending physician, comply with the Treatment Plan, and attend additional examinations, follow-ups, and preventive visits as scheduled.
10.1.7. Provide originals or copies of documents containing health information needed by the Provider to deliver services.
10.1.8. Inform the attending physician of any health improvements or deteriorations, new or disappearing symptoms, and other changes in health status during treatment.
10.1.9. Accept properly rendered services and sign Service Completion Acts (Acts).
10.1.10. Pay for the services as outlined in the Agreement.
10.1.11. Cover the cost of additional services provided by the Provider to prevent negative consequences for the Patient's life or health.
10.1.12. Sign informed consents for diagnostics and treatment, as well as the Provider’s questionnaires.
10.1.13. Follow the rules for using installed dental constructions. In the event of breakage (regardless of the cause) or complications, notify the Provider within 24 hours or immediately, if possible.
10.2. The Provider is obligated to:
10.2.1. Conduct an initial examination of the Patient at the agreed time to establish a preliminary diagnosis, determine the required treatment scope, calculate the treatment cost, and inform the Patient of the results.
10.2.2. Perform additional diagnostic methods if needed to confirm a final diagnosis or inform the Patient and refer them to another healthcare institution or specialist if such diagnostics cannot be performed.
10.2.3. Provide quality services in accordance with the established diagnosis, Treatment Plan, and agreed cost calculations.
10.2.4. Ensure the delivery of all necessary services outlined in the Agreement and the agreed Treatment Plan.
10.2.5. Use the least painful and most rational treatment methods based on medical indications.
10.2.6. Inform the Patient about circumstances that may lead to an increase in the scope of services, possible risks, and complications.
10.2.7. Agree with the Patient on any changes to the Treatment Plan or its estimated cost during treatment.
10.2.8. Provide the Patient with medical prescriptions and recommendations after completing the service.
10.2.9. Provide information upon request regarding the Provider’s operating hours and the terms and procedures for service delivery.
10.2.10. Upon treatment completion, provide, upon the Patient’s request, a summary from the medical record, copies of examination results, certificates, or digital media as agreed.
10.2.11. Maintain strict confidentiality of the Patient's health information, examination results, and personal and family details.
10.2.12. Use only authorized medications and medical devices allowed for use in Ukraine.
10.2.13. Maintain and store medical documentation and records in compliance with Ukrainian legislation.
11. QUALITY OF SERVICES
11.1. Services are provided by the Executor's medical staff who have the necessary specialized education and meet the uniform qualification requirements in accordance with the laws of Ukraine. Certain types of services may be provided by various medical specialists of the Executor.
11.2. Services are provided in accordance with clinical protocols and standards of medical care (medical standards) approved by the Ministry of Health.
11.3. The quality of the provided services must meet the requirements of Ukrainian legislation.
11.4. Services must be safe for the Patient's health.
11.5. Quality control of medical care is carried out in cases, under procedures, and within the timeframes established by the laws of Ukraine.
12. CONDITIONS OF GUARANTEE SERVICE
12.1. The Executor guarantees the quality of the provided services. The guarantee applies to the types of services listed by the Executor. Detailed information about the Executor's guarantee obligations is available in the Consumer Corner (Folder).
12.2. In cases where, during the approval of the treatment plan, the Patient insists on medical interventions with highly doubtful positive results or where the effect of such interventions will not be lasting, or when the Patient desires to meet unconventional aesthetic preferences, no guarantee obligations are provided. The Patient must submit a written statement to the Executor declining guarantee obligations and acknowledging potential adverse consequences.
12.3. Any defects, shortcomings, or other deficiencies in the provided services identified by the Patient during the guarantee period are rectified by the Executor free of charge within a timeframe agreed upon by the Parties, provided that:
12.3.2. The Patient adheres to the rules for using the results of the services, including orthopedic or other dental structures, restored teeth, etc., and there are no injuries or mechanical damages;
12.3.3. The Patient attends appointments in a timely manner to continue treatment;
12.3.4. The Patient participates in scheduled control, periodic, and preventive check-ups;
12.3.5. The Patient promptly, within three days of detecting deficiencies, contacts the Executor’s doctor to address the identified deficiencies.
12.4. If the Patient fails to meet any condition outlined in the previous clause, the Executor's guarantee obligations are terminated, and the Patient loses the right to raise claims regarding service deficiencies during the guarantee period.
12.5. The guarantee does not cover normal wear and tear or damage caused by abnormal or improper use, negligence, or accidents.
13. PATIENT’S PERSONAL DATA
13.1. In compliance with the Law of Ukraine 'On Personal Data Protection,' the Executor informs the Patient about the processing of their personal data during the execution of this Agreement.
13.2. The owner of the personal data is the Executor.
13.3. Personal data is collected for health care purposes, establishing medical diagnoses, providing care or treatment, or delivering medical services (clause 6, part 2, article 7 of the Law of Ukraine 'On Personal Data Protection').
13.4. The composition and content of personal data processed by the Executor:
13.4.1. General data (including but not limited to: surname, first name, patronymic, gender, date and place of birth, registered address and residence, marital status, contact information);
13.4.2. Special data related to the person's health status (including but not limited to: facts of seeking medical assistance, medical information about the individual, including data on health status, medical history, proposed examinations and treatments, prognosis for disease progression, risks to life and health, information about disability status, genetic data, etc.).
13.5. The Patient has the following rights in the field of personal data protection:
13.5.1. To know the sources of collection, location of their personal data, the purpose of its processing, and the location or residence of the personal data owner.
13.5.2. To receive information about the conditions of access to personal data, including information about third parties to whom personal data is transferred;
13.5.3. To access one's personal data;
13.5.4. To receive, no later than 30 calendar days from the date of the request (except in cases provided by law), a response on whether their personal data is being processed and to obtain the content of such personal data;
13.5.5. To submit a reasoned request to the Executor objecting to the processing of their personal data;
13.5.6. To submit a reasoned request to the Executor to amend or destroy their personal data if such data is processed unlawfully or is inaccurate;
13.5.7. To protect their personal data from unlawful processing, accidental loss, destruction, or damage due to deliberate concealment, non-provision, or untimely provision, as well as protection from the dissemination of inaccurate information or information that tarnishes the honor, dignity, and business reputation of the 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 violations of personal data protection laws;
13.5.10. To know the mechanism of automated processing of personal data;
13.5.11. To protection from automated decision-making that has legal consequences for the patient.
13.6. Patients' personal data is stored in the form of files and/or local electronic databases.
13.7. The Executor is obligated to ensure the confidentiality and security of the Patient's personal data during processing. The Executor's employees process the Patient's personal data exclusively in connection with their professional duties and are obligated not to disclose personal data entrusted to them or that became known to them in connection with the performance of their professional, official, and labor duties.
13.8. The Executor may transfer patients' personal data to the Ministry of Health, the prosecutor's office, law enforcement and judicial authorities, guardianship and custodianship bodies, medical-social expert commissions (MSECs), the Social Insurance Fund, etc., exclusively to the extent necessary for the exercise of their powers upon written request.
13.9. Lawyers are entitled to access the personal data of only those patients who are their clients, and only if these clients have given consent for such transfer. Personal data may be transferred to other persons only with the consent of the patient or their legal representative (parent, guardian, or custodian). For scientific and statistical purposes, anonymized personal data that does not allow identification of the individual may be transferred.
13.10. The Patient consents to the use of the contact information provided by them to the Executor for the purposes of informing the Patient, maintaining communication with the Patient; for sending messages of a medical, informational, and/or promotional nature; and for sending messages that may contain personal and confidential information about the Patient. Upon the Patient's written request, their contact information will be excluded from the list of recipients for informational and promotional messages.
14. CONFIDENTIALITY
14.1. Under this Agreement, the following is considered confidential information: the fact that the Patient has sought medical assistance, the established diagnosis, the list of services provided, and any other information deemed confidential or restricted by applicable law.
14.2. The Provider undertakes to maintain the confidentiality of any information obtained in the course of fulfilling this Agreement.
14.3. The Provider declares that the confidentiality obligations outlined in this section are indefinite and remain in effect after the termination of this Agreement.
15. LIABILITY OF THE PARTIES
15.1. The Parties are liable for failure to fulfill or improper fulfillment of their obligations under this Agreement in accordance with the current legislation of Ukraine and the provisions of this Agreement.
15.2. The Patient is responsible for the accuracy of the information provided regarding their health, following the doctor's recommendations, and timely payment for the services rendered.
15.3. The Provider is responsible for the quality and safety of the services provided.
15.4. In case of delayed payment for services rendered, the Provider has the right to demand a penalty from the Patient, calculated as double the official interest rate of the National Bank of Ukraine on the overdue amount for each day of delay, and if the delay exceeds 30 (thirty) days, to additionally demand a fine equal to the overdue amount.
15.5. The following are not considered indicators of inadequate quality of the services provided by the Provider:
15.5.1. Complications and other side effects of the intervention arising due to the biological characteristics of the Patient's body, and the probability of which current knowledge and technology cannot completely eliminate, 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 methods, which is a result of the body's reaction to the physical and chemical effects of medications, which resolves within a reasonable time and about which the Patient was informed in advance by the attending doctor;
15.5.3. Complications that occurred after the services were provided due to the gross non-compliance (violation) of the recommendations provided by the attending doctor.
15.6. The Provider is relieved of liability for the results of the services provided and for harm caused to the Patient's health in the following cases:
15.6.1. Failure by the Patient to follow the doctor's prescriptions and recommendations, the treatment plan;
15.6.2. The Patient's failure to attend scheduled appointments or medical check-ups on time;
15.6.3. The Patient's refusal to continue treatment and/or early termination of the Agreement;
15.6.4. Failure or delay by the Patient in disclosing essential information regarding their health (medical history), harmful habits, or providing false information;
15.6.5. Receiving medical assistance from other healthcare institutions or specialists;
15.6.6. The Patient’s failure to promptly notify the doctor about complications that arose during the term of the Agreement;
15.6.7. The use of low-quality medications or medical devices not prescribed by the Provider's doctors;
15.6.8. Allergic reactions or intolerance to medications or materials permitted for use;
15.6.9. The development of diseases or pathologies unrelated to the services provided under this Agreement.
15.7. The Patient is informed that modern medicine is not an exact science, and therefore diagnosis and treatment cannot guarantee exact or positive results. The Patient understands that due to the limitations of modern medicine, the complexity of diagnosing and treating certain diseases, individual and unique characteristics of each patient’s body, the services provided by the Provider may not yield the expected result or may even lead to a deterioration of the Patient's health, atypical reactions, or complications not accounted for in medical standards (protocols) or described in specialized literature.
16. FORСE MAJEURE
16.1. The Parties are not liable for delays in fulfilling their obligations under this Agreement due to force majeure events that were unforeseen, beyond their control, and that prevent the Parties from performing their obligations.
16.2. Force majeure events include, but are not limited to: Natural disasters (storms, floods, earthquakes, etc.), Technological failures (power outages, equipment breakdowns), Social disruptions (wars, strikes, riots, epidemics), Acts or omissions by government or local authorities.
16.3. A Party affected by force majeure must notify the other Party within 3 (three) calendar days of the event and provide documentary proof.
16.4. If force majeure occurs during the provision of services, the Provider may modify the service, reschedule it, or use alternative medical equipment.
16.5. If force majeure persists for more than two months, either Party may terminate the Agreement by providing written notice to the other Party.
17. DISPUTE RESOLUTION
17.1. The Parties shall resolve disputes through mutual negotiations and consultations.
17.2. If the Patient is dissatisfied with the quality of services or believes their rights have been violated, they may file a complaint with the Provider’s administration.
17.3. To investigate complaints, the Provider may conduct a review, including consultations with external specialists if necessary.
17.4. If disputes cannot be resolved amicably, they shall be settled in court in accordance with the laws of Ukraine.
17.5. The dental office does not accept complaints from the Patient based on private opinions of specialists from other medical institutions without involving such specialists in the consultation.
17.6. If the Service has been provided in accordance with the requirements for its proper quality and the Patient has not proven otherwise, the Provider has the right to decide on partial reimbursement of the Service cost to the Patient, excluding costs for orthopedic and other dental constructions. In such cases, the Patient must return the provided constructions to the Provider. If the Patient refuses to return the constructions, no reimbursement will be made.
17.7. If the Parties do not reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the laws of Ukraine.
18. AMENDMENTS TO THE AGREEMENT
18.1. The Provider may amend this Agreement unilaterally, with such changes made publicly available at the Provider's reception or Consumer Corner.
18.2. The Provider must notify Patients of any changes 30 days before implementation. Continued use of services after this period indicates the Patient’s acceptance of the changes.
18.3. In case the Patient disagrees with the changes made to the Agreement, the Patient must terminate the Agreement within a week from the moment they became aware or could have become aware of the changes. Continued use of the Services indicates the Patient's acceptance of the changes made to the Agreement.
19. TERM OF THE AGREEMENT AND OTHER CONDITIONS
19.1. This Agreement takes effect on the date of its conclusion and remains in force indefinitely until terminated by either Party in accordance with the terms of the Agreement.
19.2. The timeframes for service provision under the Treatment Plan are approximate and may change based on the Patient’s health and other objective or subjective circumstances.
19.3. The Agreement may be terminated in the following cases:
19.3.1. By mutual consent of the Parties through the signing of an Addendum to terminate the Agreement.
19.3.2. At the Patient’s initiative by submitting a written request to the Provider no less than 10 days before the intended termination date. The Agreement is considered terminated on the date specified in the Patient’s request.
19.3.3. At the Provider’s initiative in cases of the Patient’s violation of the terms of the Agreement and/or Rules, provided all necessary actions are taken to prevent harm to the Patient’s health due to such termination. The Provider must inform the Patient in writing of the reasons for termination and the effective date of termination. If the Provider cannot contact the Patient, a termination notice will be sent to the address specified in the Agreement. The Agreement is considered terminated on the date specified in the notice.
19.4. The Parties agree that the Patient’s details, as provided in the Provider's questionnaires or the Treatment Plan and medical records, shall constitute the Patient’s official identification information for all purposes related to this Agreement.
19.5. The Patient acknowledges and agrees that all information on the Provider’s online resources is for informational purposes only and cannot be construed as medical advice or instructions for self-application.
19.6. The Provider’s Rules, current tariffs for medical services, and Guarantee Obligations are established by the Provider and made available in the Consumer Corner of the dental office and upon the Patient’s request.
19.7. Any documents related to the conclusion and execution of this Agreement that require the Patient’s signature must include the Patient’s handwritten name and initials alongside the signature.
20. PROVIDER DETAILS
LLC “DOCTOR DANICH”
Address: 65026, Ukraine, Prymorsky District, Odesa, Hretska Street, 31
Identification Code: 44917659
IBAN: UA633282090000026006000024265
Bank: JSC "Pivdennyi," MFO 328209