Mon - Sat 9:00 - 20:00
San outgoing
Mon - Fri 9:00 - 20:00
Sat 9:00 - 15:00
San outgoing
Mon - Sat 9:00 - 20:00
San outgoing
Mon - Fri 9:00 - 20:00
Sat 9:00 - 15:00
San outgoing
I APPROVE
Individual entrepreneur
Yaroslav Bilobrov
“February 23”, 2024
INDIVIDUAL ENTREPRENEUR YAROSLAV BILOBROV (hereinafter referred to as the “Contractor”) and an individual who has applied to the Contractor for medical dental services (hereinafter referred to as the “Patient”), together referred to as the “Parties”, and each individually as a “Party”, have entered into this agreement on the following.
1.1. In accordance with Articles 633, 634, 641 of the Civil Code of Ukraine, this Agreement is a public Agreement (public offer) containing all the essential conditions for the provision of medical dental services by the Contractor and offers an unlimited number of individuals (Patients) to receive medical dental services on the terms and conditions specified in this Agreement.
1.2. The terms of this Agreement are established the same for all Patients, except for those who are granted appropriate benefits by the legislation of Ukraine, if any.
1.3. The Contractor shall not be entitled to refuse to enter into this Agreement if it has the ability (including technical, personnel, organizational, etc.) to provide medical dental services to the Patient.
1.4. The Contractor confirms that it has all the necessary permits to carry out business activities in the field of medical practice related to the performance of this Agreement and shall be liable in case of violation of the Patient’s rights in the course of the Agreement and the implementation of the Services.
1.5. The Contractor provides medical dental services on the basis of a license for medical practice issued by the order of the Ministry of Health of Ukraine dated 24.01.2019 №189.
1.6. List of authorized specialties of the Contractor:
1.6.1. medical: dentistry, therapeutic dentistry, orthopedic dentistry, orthodontics, surgical dentistry, anesthesiology;
1.6.2. specialties of junior specialists with medical education: nursing.
1.7. The Agreement shall be binding on the Contractor from the moment of its publication in the consumer’s corner.
1.8. If the legislation of Ukraine establishes rules that contradict this Agreement, the relevant provisions of the legislation of Ukraine shall prevail.
2.1. The Agreement shall be deemed concluded without its further signing from the moment of the Patient’s oral or written request for medical dental services or other actions provided for by the Agreement, which indicate the consent to comply with the terms of the Agreement (signing a treatment plan, informed consent to diagnosis and treatment, the beginning of the actual use of services, payment of the Contractor’s invoice, etc.
2.2. The date of the Patient’s first visit to the Contractor with the consent of the Parties shall be considered the date of conclusion of this Agreement. The Patient is considered to be familiarized with the Agreement at the time of conclusion of the Agreement.
2.3. Each Party guarantees to the other Party that it has the necessary legal capacity, as well as all the rights and powers necessary and sufficient to conclude and perform this Agreement in accordance with its terms.
2.4. By entering into the Agreement, the Patient automatically agrees to the full and unconditional acceptance of the provisions of the Agreement and all possible annexes to the Agreement.
2.5. Before starting to use medical services, each Patient is obliged to familiarize himself/herself with the terms of this Agreement, tariffs for Services, warranty obligations of the Contractor, as well as the Rules of stay and patient care in the dental office of the Contractor, which are posted (published) in the Consumer’s Corner (folder).
2.6 All terms of the Agreement set forth in this Public Offer are binding on the Parties. If the Patient does not agree with the terms of the Agreement, he/she has no right to enter into this Agreement.
2.7. At the written request of the Patient, the Contractor shall provide the Patient with a written form of this Agreement certified by the signature of the Contractor’s authorized representative.
The following terms, concepts and definitions are used in this Agreement in the following meanings:
3.1. Medical dental service – a certain action or set of actions performed by the Contractor’s medical staff in the Contractor’s dental office for the purpose of prevention, diagnosis, treatment or rehabilitation of diseases, pathologies or conditions of the Patient.
3.2. The Patient is an individual who has applied to the Contractor’s dental office for medical dental services and has concluded an agreement with the Contractor for the provision of such services. If the consumer of the Services is a minor or incapacitated person, the rights and obligations provided for in this Agreement for the Patient shall be acquired by the legal representative of such person.
3.3. Dental office – an office created by the Contractor in accordance with the License conditions for conducting medical practice (Resolution of the Cabinet of Ministers of Ukraine No. 285 of 02.03.2016) and located at: Kyiv, Velyka Zhytomyrska St., 611.
3.4. Attending physician – a doctor of the Contractor who provides medical dental services to the Patient in the dental office of the Contractor.
3.5. Treatment plan – a set of preventive, therapeutic, diagnostic, rehabilitation measures, medical procedures, etc. selected by the doctor for each Patient individually and agreed with the Patient, necessary to achieve positive results in the treatment of the Patient’s disease, indicating the stages of treatment, a list of medical interventions, estimated treatment time and estimated cost of treatment in prices valid on the day of the treatment plan.
3.6. Schedule of visits – a schedule of prescribed medical dental services, which defines the list of services, calendar date and exact time when the Patient must appear at the dental office of the Contractor to receive such services, which is signed by the Patient and is binding on the latter.
3.7. Informed consent is the Patient’s consent to medical intervention, which may be made in writing by signing a separate form approved by the Contractor or the appropriate wording in the medical records (medical record, etc.).
3.8. Rules – the Rules of stay and service of patients in the dental office of the Contractor, approved by the Contractor and binding on the Patient, which the Patient is obliged to familiarize himself with before concluding the Agreement.
4. SUBJECT OF THE CONTRACT
4.1. The Contractor undertakes, on behalf of and with the consent of the Patient, to provide the latter (or the person in whose interests this Agreement is concluded) with one or more paid medical dental services from the List of medical services of the Contractor in accordance with the established diagnosis (hereinafter referred to as the Services), and the Patient undertakes to accept and pay for the Services on the terms and conditions specified in this Agreement.
4.2 The scope, type, cost and timing of the Services shall be determined taking into account the Patient’s health, medical indications, the Patient’s wishes and the technical capabilities of the Contractor.
4.3. Based on the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible treatment options, treatment consequences and expected results, the degree of risk and possible complications, and informs the Patient in detail.
4.4. Based on the results of the initial examination, the Physician draws up a Treatment Plan, which determines the scope of Services agreed by the Parties and their preliminary cost. A prerequisite for the performance of the Agreement is the Patient’s consent to the proposed Treatment Plan, which is certified 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 draw up several Treatment Plans (in this case, the terms of the additional Treatment Plan will be in addition to the previous Treatment Plan) or change the Treatment Plan.
4.6. The Patient agrees that if it is necessary to conduct an additional examination or consult a specialist who is not available to the Contractor, he/she shall undergo this examination or consultation within the time limits established by the Contractor, paying for these services at the rates of the relevant medical institutions.
5.1. The services are provided in the dental office of the Contractor in accordance with the Rules, using certified equipment and medical devices and materials authorized for use.
5.2. The attending physician is appointed by the Contractor 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 drawn up in the form established by the legislation of Ukraine and may be additionally drawn up in the form determined by the Contractor before the provision of the first Service and before the provision of other Services, the list of which is determined by the Contractor. The Parties agreed that signing of the informed consent is a prerequisite for the start of the Services.
5.4. The Services are provided by appointment, which is made by phone or in person by the Patient. The provision of Services without an appointment is possible only in cases where there are no other Patients at that time. The date and time of each Service shall be agreed upon by the Contractor and the Patient orally or in writing (by signing the visit schedule).
5.5. The date and time of each Service may be changed at the initiative of the Patient before the deadline for the provision of such Service.
5.6. In case of delay, the Patient is obliged to notify the administrator and/or attending physician in advance. In case of delay, which led to a shift in the appointment schedule, another time of the visit shall be agreed with the Patient.
5.7. The date and time of each Service may be changed at the initiative of the Contractor in the event of:
5.7.1. If the Patient’s state of health before the start of the Service makes it impossible to provide it or significantly increases the risk of complications, threats to the Patient’s life or health, or other serious or negative consequences.
5.7.2. Force majeure circumstances that make it impossible for the Contractor to provide the Service.
5.8. The Contractor shall not disclose to third parties information about the disease, medical examination, examination and their results, intimate and family life of the Patient, which became known in connection with the performance of this Agreement, except as provided by the legislation of Ukraine.
6.1. The cost of the Services provided under this Agreement shall be determined in accordance with their scope and the tariffs for the Services approved by the Contractor. Tariffs for Services have the legal force of an agreement on the agreed price.
6.2. The preliminary cost of the Services is indicated in the Treatment Plan and does not include the cost of treatment of latent pathologies that may be detected during treatment. The Treatment Plan and the cost of permanent orthopedic work are agreed upon only after the complete completion of therapeutic, surgical and orthodontic treatment.
6.3 The prices specified in the Treatment Plan are valid for the period specified in the Treatment Plan. After the expiration of this period, the cost of the Services shall be determined based on the Contractor’s tariffs in force at the time of the Service provision.
6.4. The Patient shall pay for the Services in one of the following ways at the Patient’s option:
6.4.1. payment in cash to the Contractor’s cash desk;
6.4.2. payment by payment card using a payment device of the Contractor’s bank;
6.4.3. payment of the Contractor’s invoices by bank transfer.
6.5. Services are paid by the Patient on the day of the Service – before the provision of the Service or immediately after its provision, in the amount of the full cost of the Service provided for a particular visit.
6.6. The Patient has the right to make an advance payment for the Services. The cost of the Services paid by the Patient as a prepayment cannot be revised by the Contractor in case of changes in tariffs for the Services and is set in accordance with the tariffs in force on the day of payment. This rule applies if no more than three months have passed between the date of the advance payment and the date of the Services provision. Otherwise, the Services shall be recalculated in accordance with the Contractor’s tariffs in effect at the time of the Service provision.
6.7. For certain types of Services that involve preliminary expenses of the Contractor (individual ordering of implants, orthopedic, orthodontic, other dental structures for the Patient from third parties, etc.), the Patient shall make an advance payment of up to 70% of the cost of such structures. The amount of the prepayment and the deadline for its payment shall be specified in the Treatment Plan and/or in the invoice provided to the Patient in advance.
6.8. Services by bank transfer are provided subject to the Patient’s prepayment in the amount of 100% of the total cost of the Services specified in the Treatment Plan. If the Services specified in the Treatment Plan are provided in several visits, the Patient has the right to make an advance payment for the Services in installments in the amount of 100% of the cost of the Service to be provided at a particular visit.
6.9. If the sum of the cost of all components of the Services provided by prepayment exceeds the amount of prepayment made by the Patient, the Patient must pay the difference no later than the day the Services are completed.
6.10. In case of upward discrepancies between the estimated cost of the Service (part of the Service) and the amount of the invoice issued to the Patient for a particular visit, the Patient shall pay the invoice no later than the day following the provision of the Service (part of the Services). In this case, the Patient must sign the Act of Services rendered with a list of Services provided and an indication of the amount of the Patient’s debt for the Services.
6.11. If the Patient has insufficient funds to pay for the Services received, the Patient’s debt to the Contractor may be formalized by an additional agreement on payment for the Services in installments.
6.12. The Patient may be granted a discount on the cost of the Service, the amount of which is determined in accordance with the procedure established by the Contractor.
6.13. If in the process of providing the Services there is a need for their adjustment (provision of additional services or change of the Treatment Plan), the final cost of the Services under the Agreement shall be subject to appropriate adjustment. Such changes shall be agreed upon by the Parties prior to the provision of additional or modified Services. The Patient has the right to refuse to adjust the Services and continue to receive the Services in accordance with the agreed Treatment Plan. If such a refusal makes it impossible to continue providing the Services for medical reasons, the Contractor shall have the right to unilaterally terminate this Agreement, and the Patient shall be obliged to pay the cost of the Services actually received. If the Patient does not object to the change or addition of the Treatment Plan, the provision of Services shall continue in accordance with the new conditions and with the signing of a new or additional Treatment Plan.
6.14. If the Services are not provided in full due to the fault of the Contractor, the cost of the Services not provided and paid for shall be reimbursed to the Patient within three working days from the date of the Patient’s application.
6.15. In case of impossibility to provide the Services (part of the Services) due to the Patient’s failure to attend a doctor’s appointment or other medical procedure, the Patient’s refusal to continue receiving the Services, the Patient’s violation of the terms of this Agreement and/or the Rules, the Contractor shall refund the prepayment amount paid by the Patient, minus the actual costs incurred and the costs of manufacturing (ordering) dental structures for the Patient within three working days from the date of the Patient’s application.
6.16. The Patient has no right to refuse to pay for the agreed and actually provided Services.
6.17. In all cases where the cost of the Services provided to the Patient is not directly determined by the Treatment Plan, including when the Services specified in the Treatment Plan are not provided in full, the cost of such Services (part of the Services) shall be determined in accordance with the current tariffs of the Contractor.
6.18. The total cost of Services under this Agreement shall be determined by the total cost of all Services provided to the Patient.
6.19. The terms of this section regarding payment for Services shall not apply to cases of providing medical services to Patients that are paid for by insurers in accordance with health insurance contracts or other third parties.
7.1. Any Services under this Agreement may be paid for by a third party by agreement between such person and the Patient and subject to the conclusion of a separate agreement between the third party (payer) and the Contractor. Medical services paid for by a third party shall be provided on the general terms and conditions of this Agreement, subject to the following special conditions:
7.1.1. The services under this Agreement shall be considered paid from the moment of receipt of funds to the Contractor’s cash desk or to the current account of the Contractor specified in this Agreement, with the purpose of payment “For the provision of medical services, the Patient’s surname, name and patronymic (in full)”.
7.1.2. Before ordering Services paid for by a third party, the Patient shall ensure that the third party signs an agreement between the Contractor and the third party in the form provided by the Contractor and provide the signed agreement to the Contractor.
7.1.3. In case of non-payment (incomplete payment) of the Services by a third party for any reason (refusal of the third party, refund at the request of the third party, etc.), the unfulfilled obligation to pay for the Services shall be imposed on the Patient. In this case, the Patient shall pay for the Services independently within 5 (five) calendar days from the date of receipt of the Contractor’s request for payment for the Services.
7.2. Services under health insurance contracts are provided to Patients in case the Contractor has previously concluded a relevant service payment agreement with the insurance company. The procedure for payment for services is established in the agreement between the Contractor and the insurer.
8.1. Acceptance and transfer of the Services provided is carried out orally or at the request of one of the Parties by drawing up the Act of Services Provided (hereinafter referred to as the Act), which is drawn up by the Contractor in duplicate and provided to the Patient for signature.
8.2. The Patient shall sign both copies of the Act or provide a written reasoned refusal to sign it.
8.3. If the Patient has not provided a written reasoned refusal to sign the Act, the Service shall be deemed to be duly provided by the Contractor and duly accepted by the Patient.
8.4. In the presence of a written reasoned refusal to sign the Act, the Contractor shall consider such refusal within 10 (ten) calendar days and notify the Patient in writing of the results of the consideration. If the Patient’s refusal is justified, the Parties shall draw up a bilateral complaint act with a list of necessary improvements and deadlines for their implementation.
8.5. If the Patient has received several Services during different visits, the Contractor shall have the right to draw up one Act, which shall include the entire list of Services provided.
9.1. The patient has the right to:
9.1.1. To join this Agreement on the terms proposed by the Contractor.
9.1.2. Prior to ordering the Services, receive full information about the medical services provided by the Contractor.
9.1.3. To agree with the Contractor on the estimated cost of the Services by signing the Treatment Plan.
9.1.4. Receive Services of proper quality.
9.1.5. Receive accurate and complete information about his/her health status, including familiarization with the relevant medical documents related to his/her health, which are stored by the Contractor.
9.1.6. Receive reliable and complete information about contraindications, possible complications and risks (including for life and health), and a forecast of possible disease development during the provision of the Services.
9.1.7. To choose a treatment method in accordance with the recommendations of the attending physician, if the physician has identified several options for a treatment plan, having previously familiarized himself with the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of various treatment plans, and possible complications.
9.1.8. Demand replacement of the attending physician (if the Contractor has other physicians of appropriate qualifications).
9.1.9. If the Treatment Plan and the preliminary estimated cost of the Services are changed in the course of treatment, the Patient has the right to choose:
(a) agree to the new/additional Treatment Plan and agree on its cost;
(b) refuse the proposed changes;
(c) terminate the Agreement and make payments for the actual Services provided.
9.1.10. To keep confidential the state of his/her health, the fact of seeking medical care, diagnosis, as well as information obtained during his/her medical examination.
9.1.11. To eliminate the defects of the provided Service during the warranty period.
9.1.12. To contact the Contractor with suggestions, applications, feedback, etc. regarding the Services provided.
9.1.13. To refuse to receive the Service (part of the Service) at any time during the term of the Agreement, having previously paid for all the Services actually provided at the time of refusal.
9.2. The Contractor has the right to:
9.2.1. To make changes to this Agreement, as well as to the list of Services, to change the price of each Service before it is provided to the Patient.
9.2.2. To conduct promotions, provide discounts and additional benefits for Services.
9.2.3. Receive payment for the Services rendered in the manner prescribed by this Agreement.
9.2.4. Process personal data and other information about the Patient in accordance with the requirements of the legislation of Ukraine on personal data protection.
9.2.5. If necessary, upon prior agreement with the Patient, make changes to the Treatment Plan.
9.2.6. In case of emergencies, unforeseen situations or complications during medical interventions, independently determine the scope of all necessary and possible measures to eliminate them.
9.2.7. To provide incomplete information about the Patient’s health status, to limit the possibility of his/her familiarization with certain medical documents if information about the Patient’s disease may worsen the Patient’s health status or harm the treatment process.
9.2.8. To make audio recordings of telephone conversations with the Patient.
9.2.9. To take photos and/or videos of the process of providing the Services and further use the impersonal results of such recording for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine.
9.2.10. Reschedule the visit in case of unforeseen absence of the doctor or, if possible, appoint another doctor for treatment with the consent of the Patient.
9.2.11. In case of delay of the Patient, unilaterally change the term of provision of Services or cancel the provision of such Services.
9.2.12. To refer the Patient to other specialized medical specialists, including to another health care facility, in order to clarify the diagnosis and choose the optimal treatment plan.
9.2.13. Not to start (or suspend) the provision of Services in the following cases:
(a) refusal of the Patient to sign informed consent, fill out anamnesis (health questionnaire);
(b) if the Patient has a debt for payment for the Services (until such debt is fully repaid);
(c) if the Patient is diagnosed with a disease (pathology) during the examination, the treatment of which is not possible by the Contractor’s doctors due to licensing restrictions, qualifications of medical personnel or technical equipment, or if the Patient refuses to treat such pathology, if this makes it impossible to provide the Services under the Treatment Plan;
(d) the Patient’s presence in a state of alcohol or drug intoxication or in another painful condition that prevents the provision of quality Services;
(e) failure of the Patient to arrive at the appointed date and time to receive the relevant Services.
9.2.14. Refuse to provide the Services at any time (provided that such refusal does not endanger the Patient’s life) in the following cases
(a) the Patient provides incomplete and/or inaccurate information about his/her identity and/or health status;
(b) the presence of medical contraindications to undergoing treatment by the methods determined by the Parties;
(c) refusal of the Patient to undergo examinations necessary for further treatment;
(d) if the Patient insists on using medicines or applying diagnostic and treatment methods that are not authorized for use in Ukraine;
(e) failure of the Patient to comply with the prescriptions or treatment schedule established by the attending physician;
(f) violation by the Patient of the Rules of Stay and Patient Care.
10.1. The patient is obliged to:
10.1.1. Before concluding the Agreement, familiarize themselves with the Contractor’s tariffs, Rules, warranty obligations.
10.1.2. Arrive at the Contractor’s dental office on time on the date and time of the Services.
10.1.3. Notify the administrator by phone no later than 24 hours in advance of the impossibility of attending the scheduled appointment.
10.1.4. During the stay on the territory of the Contractor, strictly follow the Rules.
10.1.5. Prior to the start of the Services, inform the attending physician of the entire list of medicines used by the Patient, as well as of all known diseases, allergic or specific reactions to medicines and food, and other relevant information about his/her health status.
10.1.6. Accurately and timely comply with oral or written instructions and recommendations of the attending physician, follow the Treatment Plan, and appear on time for the appointed additional examinations, control and preventive examinations.
10.1.7. Provide originals or copies of documents containing information about their health status, which are necessary for the Contractor to provide the Services.
10.1.8. To inform the attending physician about the improvement or deterioration of health, the appearance or disappearance of symptoms and other information about changes in their health status during the treatment period.
10.1.9. Accept the Services provided of proper quality and sign the Acts.
10.1.10. Pay the cost of the Services in the manner and on the terms and conditions specified in this Agreement.
10.1.11. To pay the cost of uncoordinated additional Services provided by the Contractor in order to avoid negative consequences for the Patient’s life or health.
10.1.12. Sign informed consents for diagnosis and treatment, questionnaires of the Contractor.
10.1.13. To comply with the rules of operation of the installed dental structures, in case of their breakdown (regardless of the reasons for this), complications – within 24 hours, and if possible – immediately notify the Contractor.
10.2. The Contractor shall be obliged to:
10.2.1. Conduct an initial examination of the Patient at a time agreed with the Patient to establish a preliminary diagnosis, the scope of necessary treatment, calculate the cost of treatment and inform the Patient of the results.
10.2.2. If additional methods of examination are necessary to establish a final diagnosis, conduct them, and if there is no possibility for this, inform the Patient and refer him/her to another health care facility or specialized medical specialist for examination.
10.2.3. Provide Services of appropriate quality in accordance with the final diagnosis, Treatment Plan and cost calculation agreed by the Parties.
10.2.4. Ensure the provision of all necessary Services to the Patient provided for by the Agreement and the agreed Treatment Plan.
10.2.5. Provide the most painless and rational methods of treatment in accordance with medical indications.
10.2.6. Inform the Patient about the circumstances that may arise and lead to an increase in the volume of Services, about possible risks and complications that may arise during the provision of Services.
10.2.7. In case of changes in the treatment process, agree with the Patient on an additional or new Treatment Plan and its estimated cost.
10.2.8. Provide the Patient with medical prescriptions and recommendations after the provision of the Service.
10.2.9. At the request of the Patient, provide information about the Contractor’s working hours, terms and conditions of the Services.
10.2.10. Upon completion of treatment, provide, at the request of the Patient, an extract from the medical record, copies of examination results, certificates, digital media upon agreement, etc.
10.2.11. Observe absolute confidentiality of information about the Patient’s health status, results of medical examinations and examinations, intimate and family life.
10.2.12. Use medicines and medical devices authorized for use in Ukraine.
10.2.13. Maintain and store medical records and reports in accordance with the requirements of the legislation of Ukraine.
11.1. The Services shall be provided by the Contractor’s medical staff who have the necessary special education and meet the uniform qualification requirements in accordance with the legislation of Ukraine. Certain types of Services may be provided by different medical specialists of the Contractor.
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 Services provided shall comply with the requirements of the legislation of Ukraine.
11.4. The Services shall be safe for the Patient’s health.
11.5. The quality control of medical care is carried out in cases, in the manner and within the time limits provided for by the legislation of Ukraine
12.1. The Contractor guarantees the quality of the Services provided. The warranty is provided for those types of Services, the list of which is approved by the Contractor. Detailed information on the Contractor’s warranty obligations is contained in the Consumer’s Corner (folder).
12.2. In cases where, when agreeing on the Treatment Plan, the Patient insists on the use of medical interventions, the positive results of which are very doubtful or the effect of their use will not be sustainable, as well as when the Patient wishes to satisfy non-standard aesthetic preferences, warranty obligations are not issued, and the Patient provides the Contractor with a written statement of waiver of warranty obligations and information about possible negative consequences.
12.3. All defects, deficiencies and other shortcomings of the Services provided, which are detected by the Patient during the warranty period, shall be eliminated by the Contractor free of charge within the period agreed by the Parties, provided that
12.3.1. the Patient complies with all the recommendations of the attending physician, including dietary restrictions and oral hygiene;
12.3.2. the Patient complies with the rules of use of the result of the Services, including an implant, orthopedic, orthodontic, other dental structure, restored tooth, etc., absence of injuries, mechanical damage;
12.3.3. timely attendance of the Patient at the appointment for further treatment;
12.3.4. the Patient attends scheduled control, periodic, preventive examinations;
12.3.5. immediate, no later than three days from the moment of detection of deficiencies, the Patient’s appeal to the Contractor’s doctor to eliminate the identified deficiencies.
12.4. If the Patient fails to comply with any of the conditions provided for in the previous paragraph, the Contractor’s warranty obligations shall be terminated and the Patient shall lose the right to make claims related to deficiencies in the Services provided during the warranty period.
12.5. The warranty does not cover normal wear and tear or damage caused by abnormal or improper use, negligence or accident.
13.1. Pursuant to the Law of Ukraine “On Personal Data Protection”, the Contractor shall notify the Patient of the processing of his/her personal data during the performance of this Agreement.
13.2. The owner of personal data is the Contractor.
13.3. Personal data is collected for the purpose of health protection, medical diagnosis, care or treatment or provision of medical services (clause 6, part 2, article 7 of the Law of Ukraine “On Personal Data Protection”).
13.4. Composition and content of personal data processed by the Contractor:
13.4.1. general data (including, but not limited to: surname, name, patronymic, gender, date and place of birth, registration address and place of residence, marital status, means of communication);
13.4.2. special data relating to the health status of a person (including, but not limited to: the fact of seeking medical care, medical information about a person containing not only evidence of health status, but also medical history, proposed research and treatment measures, prognosis of possible development of the disease, the presence of risk to life and health, information on the presence of a disability group, genetic data, etc.)
13.5. The patient has the following rights in the field of personal data protection:
13.5.1. to know about the sources of collection, location of their personal data, the purpose of their processing, location or place of residence (stay) of the personal data controller;
13.5.2. to receive information on the conditions for granting access to personal data, including information about third parties to whom personal data is transferred;
13.5.3. to have access to their personal data;
13.5.4. to receive a response on whether his/her personal data is processed no later than 30 calendar days from the date of receipt of the request, except in cases provided for by law, and to receive the content of such personal data;
13.5.5. to submit a reasoned request to the Contractor with an objection to the processing of their personal data;
13.5.6. to submit a reasoned request to change or destroy their personal data by the Contractor if this data is processed illegally or is unreliable;
13.5.7. to protect their personal data from unlawful processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision, as well as to protect against the provision of information that is inaccurate or discrediting the honor, dignity and business reputation of an individual;
13.5.8. file complaints against the processing of their personal data to the Commissioner or to the court;
13.5.9. to apply remedies in case of violation of the legislation on personal data protection;
13.5.10. to know the mechanism of automatic processing of personal data;
13.5.11. to be protected against an automated decision that has legal consequences for the patient.
13.6. Patients’ personal data shall be stored in the form of files and/or local electronic databases.
13.7. The Contractor undertakes to ensure the confidentiality and security of the Patient’s personal data during their processing. The Contractor’s employees shall process the Patient’s personal data solely in connection with the performance of their professional duties and undertake not to disclose personal data that they have been entrusted with or have become aware of in connection with the performance of professional, official and employment duties.
13.8. The Contractor may transfer personal data of patients to the Department of Health Care of the executive body of the Kyiv City Council (Kyiv City State Administration), prosecutors, law enforcement and judicial authorities, guardianship and trusteeship authorities, the Medical Expert Commission, the Social Insurance Fund, etc. only to the extent necessary for the exercise of their powers.
13.9. The advocates shall have the right to access personal data only of those patients who are their clients, and only if these clients have given their consent to such transfer. Personal data shall be transferred to other persons only with the consent of the patient or his or her legal representative (parents, guardian or trustee). For scientific and statistical purposes, anonymized personal data that does not allow for the identification of a person may be transferred.
13.10. The Patient agrees to use the contact information provided by the Contractor for the purpose of informing the Patient, communicating with the Patient; for sending medical, informational and/or advertising messages; sending messages, the text of which may contain personal and confidential information about the Patient. At the written request of the Patient, the Patient’s contact information shall be excluded from the list of recipients of information and advertising messages.
14.1. The information about the fact of the Patient’s request for medical care, the diagnosis, the list of Services provided, as well as other information that is considered confidential (restricted information) in accordance with the current legislation shall be recognized as confidential under this Agreement.
14.2. The Contractor undertakes to maintain the confidentiality of information received during the performance of this Agreement.
14.3. The Contractor declares that the confidentiality obligations provided for in this section shall be perpetual and shall remain in force after the expiration of this Agreement.
15.1. For non-fulfillment or improper fulfillment of their obligations, the Parties shall be liable in accordance with the current legislation of Ukraine and this Agreement.
15.2. The Patient is responsible for the accuracy of the information provided about his/her health, the implementation of the doctor’s recommendations, and timely payment for the Services provided.
15.3. The Contractor is responsible for the quality and safety of the Services provided.
15.4. In case of delay in payment for the Services rendered, the Contractor shall have the right to demand from the Patient payment of a penalty in the amount of double the discount rate of the National Bank of Ukraine of the amount of the actual debt for each day of delay, and for a delay of more than 30 (thirty) days – additionally demand from the Patient payment of a fine in the amount of the debt.
15.5. It is not an indicator of inadequate quality of the Services provided by the Contractor:
15.5.1. complications and other side effects of the intervention that arose due to the biological characteristics of the Patient’s body and the probability of which cannot be completely excluded by the available knowledge and technology if the Services are provided in compliance with all necessary actions and conditions for this type of services;
15.5.2. possible discomfort caused by the specifics of medical techniques and resulting from the body’s reaction to the physical, chemical effects of drugs that take place within a reasonable period of time and about which the Patient was informed in advance by the attending physician;
15.5.3. complications that occurred after the provision of Services in case of gross non-compliance (violation) by the Patient of the recommendations provided by the attending physician.
15.6. The Contractor shall be released from liability for the result of the Services provided and for damage to the Patient’s health in the following cases:
15.6.1. failure of the Patient to comply with the prescriptions and recommendations of the attending physician, the Treatment Plan;
15.6.2. failure of the Patient to appear or untimely appearance of the Patient for scheduled appointments or control medical examinations;
15.6.3. refusal of the Patient to continue treatment and/or early termination of the Agreement;
15.6.4. failure to notify, untimely notification by the Patient of essential information about his/her health status (anamnesis), existing bad habits or providing deliberately false information;
15.6.5. receiving medical care in other health care facilities or from other medical specialists;
15.6.6. failure of the Patient to notify the Physician in a timely manner of complications arising during the term of the Agreement;
15.6.7. use of medicines and medical devices of inadequate quality or those not prescribed by the Contractor’s physicians;
15.6.8. occurrence of allergies or non-adoption of medicines or materials approved for use;
15.6.9. development of diseases or pathologies that are not related to the provision of services under this Agreement.
15.7. The Patient is informed that modern medicine is not an exact science, therefore, diagnosis and treatment cannot guarantee an accurate and positive effect. The Patient realizes that due to the limited capabilities of modern medicine, the complexity of diagnosis and treatment of certain diseases, the individuality and uniqueness of each patient’s body, the Services offered by the Contractor may not bring the expected result or even cause deterioration of the Patient’s health, atypical reactions and complications that are not taken into account in industry medical standards (protocols) and are not described in the special literature.
16.1. The Parties shall not be liable for untimely fulfillment of the terms of this Agreement in the event of force majeure circumstances that did not exist at the time of the conclusion of the Agreement, arose beyond the will of the Parties and prevent the Parties from fulfilling their obligations under this Agreement.
16.2. The Parties have decided to include the following as force majeure: catastrophes, natural disasters (storms, cyclones, hurricanes, floods, earthquakes, lightning damage, other natural and climatic phenomena), disasters of man-made and anthropogenic origin (explosions, fires, accidents, etc.); technological factors (lack of electricity, interruptions in the supply of natural gas or drinking water, damage to equipment or facilities, etc.) circumstances of public life (war and military operations, riots, strikes, blockades, riots, terrorist acts or acts and other illegal actions, anti-terrorist operations, illegal actions of third parties, epidemics, etc;) temporary disability of doctors or other medical personnel of the Contractor; serious illness of the Patient, which objectively prevents him/her from fulfilling his/her obligations under the Agreement or is incompatible with the ordered Services; actions, inaction or acts of public authorities and local self-government bodies aimed at termination or suspension of actions under this Agreement and (or) interfering with the normal activities of the Parties, incl. including changes in the regulatory and legislative framework governing the legal relations of the Parties under this Agreement, as well as other circumstances that the authorized institution recognizes as force majeure by providing a relevant certificate.
16.3. A Party that is unable to fulfill its contractual obligations due to force majeure shall notify the other Party as soon as possible, but not later than within three (3) calendar days from the date of occurrence of such circumstances, and shall document the fact of occurrence of such circumstances.
16.4. If force majeure circumstances occurred during the provision of the Services, the Contractor shall have the right to change the medical service to an alternative one or use other medical equipment if the provision of this Service cannot be postponed to another date.
16.5. If the force majeure circumstances are in force for more than two consecutive months and do not show signs of termination, each of the Parties shall have the right to refuse to fulfill its obligations under this Agreement by sending a written notice to the other Party. In this case, neither Party shall make any claims for damages incurred.
17.1. In case of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations.
17.2. If the Patient is dissatisfied with the quality of medical services provided to him/her, the service level of service, believes that his/her rights as a patient and consumer have been violated, he/she has the right to file a complaint with the administration of the Contractor.
17.3. In order to verify the information and claims of the Patient, at his/her request or by the decision of the Contractor’s administration, a consultation is held with the study of accounting and legal documentation, taking explanations from doctors, other medical personnel, administrators, etc.
17.4. For the purpose of objective consideration of complaints and in agreement with the Patient, the Administration of the Contractor may invite specialists from other medical institutions (including foreign ones) to participate in the consultation to provide advice and opinions.
17.5. The Office does not accept the Patient’s claims based on the private opinions of specialists from other medical institutions without involving such specialists in the consultation.
17.6. If the Service is provided in compliance with the requirements for its proper quality and the Patient has not proved otherwise, the Contractor shall have the right to decide to partially reimburse the Patient for the cost of such Service, except for the cost of implants, orthopedic, orthodontic and other dental structures. Under such conditions, the Patient shall return the installed structures to the Contractor. If the Patient refuses to return the structures, no refund shall be made.
17.7. If the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the legislation of Ukraine.
18.1. Amendments to this Agreement shall be made by the Contractor unilaterally and shall be published in paper form in the Contractor’s dental office – at the reception and/or in the Consumer’s Corner (folder).
18.2. If the Patient disagrees with the changes made to the Agreement, such Patient shall terminate the Agreement within one week from the date when he/she learned or could have learned about the changes. Continued use of the Services indicates the Patient’s consent to the amendments to the Agreement.
19.1. This Agreement shall enter into force from the date of conclusion and shall be valid indefinitely, until terminated by either Party in accordance with the procedure established by the Agreement.
19.2. All terms of provision of Services during the implementation of the Treatment Plan are approximate and may vary depending on the state of health and other objective or subjective circumstances.
19.3. This Agreement shall be terminated in the following cases:
19.3.1. By mutual agreement of the Parties, by concluding an Additional Agreement on termination of the Agreement.
19.3.2. At the initiative of the Patient by submitting a written application to the Contractor no later than 10 days before the expected date of termination of the Agreement. The Agreement shall be deemed terminated from the date specified in the application.
19.3.3. At the initiative of the Contractor in cases of violation by the Patient of the terms of the Agreement and (or) the Rules, provided that all necessary actions are taken to prevent any deterioration in the Patient’s health due to such refusal. The Contractor shall inform the Patient in writing of the reasons for withdrawal from the Agreement and the date from which the Agreement shall be considered terminated. In the absence of communication with the Patient, the notice of termination of the Agreement shall be sent by letter to the address specified in the Agreement. The Agreement shall be terminated from the date specified in the Contractor’s notice.
19.4. The Parties unconditionally agree to consider the information provided by the Patient when filling out the relevant questionnaires of the Contractor containing the Patient’s personal data or drawing up the Treatment Plan and medical record as the Patient’s details.
19.5. The Patient understands and agrees that all information posted on the Contractor’s Internet resources is for informational and advisory purposes only and cannot be interpreted as medical information and as an indication of its use in relation to the Patient’s person.
19.6. The rules of stay and service of patients, current tariffs for medical services and the Contractor’s Warranty obligations are approved by the Contractor and placed in the Consumer’s Corner (folder) in the Contractor’s dental office and are available for review at the first request of the Patient.
19.7. On all documents related to the conclusion and performance of this Agreement, which provide for their signing by the Patient, the Patient shall indicate his/her name and initials in his/her own hand along with the signature.
FOP Bilobrov Yaroslav Ivanovich
RNOKPP – 3306802353
Address of business activity:
Kyiv, 6/11 Velyka Zhytomyrska St.
tel. 0681717171
Our manager will contact you all day.