Public agreement (offer) for paid medical services provided by CLINIC 311 Limited Liability Company
1. GENERAL PROVISIONS
CLINIC 311 Limited Liability Company (the “Provider” and/or the “Medical Centre”), acting under Articles 633 and 641 of the Civil Code of Ukraine, offers a consumer or individual (the “Patient”) and, where applicable, the Patient’s legal representative (the “Legal Representative”), jointly the “Parties”, this public agreement for medical services on the terms below.
Key definitions.
Services means medical and related services provided by the Provider under this Agreement and the medical services price list, including therapeutic and surgical treatment, diagnostic and preventive measures, individual examinations with reports or other documents, and follow-up examinations.
Public Offer means the Provider’s proposal published on its website and addressed to an unlimited number of individuals to enter into the Agreement on the stated terms.
Provider’s Website means https://valikhnovski.com.ua/, the official source of information about the Provider and its services.
Acceptance means the Patient’s and/or Legal Representative’s full, unconditional acceptance of this Public Offer. Acceptance is completed by filling in, signing and submitting personal data to the Provider in the written questionnaire available at the place where services are provided.
Provider means CLINIC 311 LLC, operating under Ministry of Health of Ukraine medical practice licence series AE No. 571848 dated 18 December 2014.
Patient means an individual consumer who accepts this Public Offer and signs the questionnaire personally or through a Legal Representative.
Legal Representative means a parent, adoptive parent or guardian acting for a child under 14, a minor aged 14 to 18, or a person whose civil capacity is restricted by a court.
Parties means the Patient and/or Legal Representative and the Provider.
2. SUBJECT OF THE AGREEMENT
2.1. This public agreement is concluded between the Provider and the Patient and/or Legal Representative when all its terms are accepted without exception.
2.2. The Provider undertakes to provide services, and the Patient and/or Legal Representative undertakes to accept and pay for them fully and on time.
2.3. Services are provided by Medical Centre staff under standards approved by the Ministry of Health of Ukraine, using certified equipment and authorised medicines and materials. Specialists from other institutions or private practitioners may be involved where necessary.
2.4. Services may be provided on an outpatient or inpatient basis and, where required, around the clock.
2.5. The scope and timing of services or surgery depend on the Patient’s general health, temporary contraindications and the Medical Centre’s technical capabilities.
2.6. Services are provided under this Agreement and the Medical Centre Rules, which the Patient and/or Legal Representative reviews before entering into the Agreement.
2.7. Acceptance of this Public Offer confirms agreement to comply with the Agreement.
2.8. Services are provided at 23 Protasiv Yar Street, Kyiv, Ukraine.
2.9. Services are provided during the Provider’s working hours stated on the Website or at reception.
3. PROCEDURE AND TIME FRAME FOR SERVICES
3.1. The Provider consults the Patient and/or Legal Representative to establish a diagnosis and preliminary treatment plan. Additional procedures and clinical or diagnostic examinations needed to establish or clarify a diagnosis are ordered and paid for on the day they are ordered.
3.2. The Agreement records the examination date, service date and preliminary inpatient treatment period.
3.3. A preliminary diagnosis is based on the medical history obtained when the Patient seeks care and on the initial diagnostic examination.
3.4. The service date may be rescheduled by agreement if the Patient does not attend at the stated time or if contraindications are identified.
3.5. After surgery, the Medical Centre performs examinations on the preliminary schedule: daily during the first week; once every two days during the second week; once a week during weeks three and four; and once a month from the second through the sixth month. The schedule may change according to the complexity of surgery, the Patient’s recovery and the Patient’s attendance.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Patient may receive medical and related services on the terms and to the extent set out in this Agreement.
4.2. The Patient and/or Legal Representative may: receive information about the Patient’s health, proposed examinations, treatment and prognosis; receive information about the Provider and working hours; refuse postoperative services by written notice; review the Medical Centre Rules and tariffs; request a change of surgery or service date at least three calendar days in advance; name persons authorised to receive information about the Patient; agree all principal and additional costs; pay in instalments when agreed with the Provider’s administration and before completion of treatment; receive an estimate before planned treatment, diagnostics or consultation; consent in writing to complex or higher-risk interventions and scientifically supported new methods; and receive a discharge summary with medical recommendations after treatment.
4.3. The Patient must strictly follow medical instructions; abstain from alcohol, tobacco, psychotropic and other potent substances for the period specified by the doctor; avoid unapproved medicines or diagnostic and treatment methods; consume no alcohol during the 48 hours before treatment or surgery and until the acceptance certificate is signed; not leave inpatient care without staff permission; and attend all required consultations, tests, examinations and reviews.
4.4. The Patient and/or Legal Representative must coordinate consultations at other institutions and promptly report their results; attend scheduled appointments; protect Medical Centre property; avoid abuse of rights or harm to others; immediately report any deterioration during treatment or rehabilitation; provide accurate identity and address details; disclose complete and accurate health information, previous and hereditary diseases, harmful habits and contraindications; pay the agreed price on time; and sign the acceptance certificate after services are received.
4.5. The Provider may determine the scope of services under Ministry of Health standards and its licence, engage third parties, receive payment, and decline to begin an intervention if an identified condition is outside the licensed scope, payment is not confirmed, the Patient fails to follow instructions or the schedule, or the Patient and/or Legal Representative fails to attend. The Provider may terminate services early where the Agreement or Medical Centre Rules permit and may receive complete and accurate health information needed for care.
4.6. The Provider must provide agreed services properly and on time; use appropriate methods, medicines, materials and equipment; inform the Patient about diagnosis, treatment goals, risks, alternatives and prognosis; maintain medical records; issue documents required by law; respect Patient rights; preserve medical confidentiality, including information about health, examinations, interventions and private or family life; observe medical ethics; invoice according to approved prices; and, upon written request, provide access to medical information and records under the applicable medical documentation rules.
5. PRICE AND PAYMENT
5.1. Payment is made in cash and/or cashless form in accordance with Ukrainian law.
5.2. Service prices are determined under the tariffs approved by the Provider.
5.3. The price and payment schedule are stated in an appendix to the Agreement.
5.4. All payments are made in Ukrainian hryvnia.
5.5. The total price in the appendix is final except where unplanned additional services are required.
5.6. If the scope or method of treatment or diagnosis changes, the final price is adjusted accordingly.
5.7. Payments are non-refundable where the Patient and/or Legal Representative fails to attend on the dates or times set by the Agreement or treatment plan, refuses services in writing before they begin, circumstances under clause 4.5.5 arise, or the Provider has properly performed the Agreement as confirmed by the signed acceptance certificate.
5.8. Where the Agreement does not expressly state the price of services actually received, the Provider’s approved tariffs apply.
6. ACCEPTANCE OF SERVICES
6.1. Proper provision of services is confirmed by an acceptance certificate signed by the Parties.
6.2. After the services are provided, the Provider gives the Patient and/or Legal Representative a certificate listing the services received and their price.
6.3. Signing confirms that the services were provided in full under the Agreement and that the Patient and/or Legal Representative has no claims against the Provider concerning those services.
6.4. If the Patient and/or Legal Representative refuses to receive or sign the certificate, it is promptly sent to the registration address stated in the Agreement.
6.5. If no written claim explaining the refusal is sent to the Provider within two calendar days after receipt of the certificate, and in all cases no later than three calendar days after the services were provided, the services are deemed fully provided and accepted without claims concerning performance or quality.
7. WARRANTIES AND LIABILITY
7.1. The Medical Centre guarantees proper service and the use of clinically justified treatment methods.
7.2. The Patient and/or Legal Representative guarantees compliance with the Agreement and treatment regime and timely payment.
7.3. The expected result may be achieved only after a certain period following the services.
7.4. The Parties are liable under Ukrainian law.
7.5. The Medical Centre is not liable for the Patient’s health consequences caused by refusal to comply with the Agreement, medical instructions or the prescribed regime.
7.6. If performance becomes impossible for reasons not caused by the Medical Centre, the Patient and/or Legal Representative must reimburse the actual costs incurred.
7.7. Properly proven losses caused by the Provider’s failure or improper performance are reimbursed within the amount paid under the Agreement where the Provider’s fault is established.
7.8. Late payment carries a penalty equal to twice the National Bank of Ukraine discount rate on the overdue amount for the entire delay.
8. FORCE MAJEURE
8.1. A Party is released from liability for full or partial non-performance caused by force majeure.
8.2. Force majeure includes external circumstances beyond the Parties’ control that could not be foreseen or avoided, including natural disasters, technological or human-made accidents, war, civil disorder, epidemics, strikes, boycotts, government or local authority acts, and other lawful or unlawful prohibitions that prevent or impede performance.
8.3. The affected Party must notify the other Party in writing of the obstacles and their effect on performance.
8.4. If force majeure continues for thirty consecutive calendar days without signs of ending, either the Patient and/or Legal Representative or the Medical Centre may terminate the Agreement by written notice.
9. DISPUTE RESOLUTION
9.1. Disputes concerning conclusion, performance or termination of the Agreement are first resolved through negotiations.
9.2. Pre-trial settlement is mandatory.
9.3. A dispute not resolved within thirty calendar days is submitted to a competent court at the defendant’s location under Ukrainian law.
10. TERM OF THE AGREEMENT
10.1. The Agreement takes effect when signed and continues until the acceptance certificate is signed and, in all cases, until the Patient’s treatment or surgery plan is fully completed.
10.2. The Parties may terminate the contractual relationship early as permitted by Ukrainian law and this Agreement.
11. EARLY TERMINATION
11.1. The Parties may terminate the Agreement early by mutual consent in a written supplemental agreement.
11.2. The Provider may terminate the Agreement early if the Patient and/or Legal Representative fails to attend as agreed, refuses services in writing before they begin, or circumstances under clause 4.5.5 and the Medical Centre Rules arise.
12. FINAL PROVISIONS
12.1. The Agreement may be amended by mutual consent in a written supplemental agreement.
12.2. The Provider’s Rules and the acceptance certificate are integral parts of the Agreement.
12.3. Written appendices signed by the Parties are integral parts of the Agreement.
12.4. All Patient medical records, including the medical chart, examination and test data, X-rays, cardiograms and interpretations, and specialist reports, belong to and are retained by the Provider. Records may be reviewed in a designated room in the presence of the Provider’s representative under the established procedure.
12.5. By signing, the Patient and/or Legal Representative confirms being fully informed about authorising the Medical Centre to process personal data.
12.6. Personal data is deleted or destroyed as required by Ukrainian law.
12.7. Matters not covered by this Agreement are governed by Ukrainian law.
12.8. By accepting this Agreement, the Patient and/or Legal Representative fully and unconditionally accepts its provisions as approved and published by the Provider.
12.9. By signing and completing the questionnaire, the Patient and/or Legal Representative authorises the collection, processing and use of the stated personal data for providing services within the limits of the Law of Ukraine “On Personal Data Protection” No. 2297-VI dated 1 June 2010.
12.10. The Parties enter into this Agreement with full understanding of its terms and terminology.
This is an informational translation. The Ukrainian text is legally controlling. Ukrainian version