Please carefully read all the provisions of this Agreement and ensure that you understand them. Limited Liability Company “SMC “Consilium” reserves the right to amend the provisions of this Agreement if necessary, as stipulated herein. LLC “SMC “Consilium” considers the security and confidentiality of your information to be of the utmost importance.

PUBLIC AGREEMENT FOR THE PROVISION OF MEDICAL SERVICES

This document constitutes an offer to enter into an agreement under the conditions outlined below with any individual who accepts (agrees to) the terms of this public offer. The Agreement establishes the general conditions for the provision of services by the Provider to Patients using the website. The actual use of the website constitutes the individual’s agreement with this Agreement and acceptance of its terms. This Agreement is a public offer under the current legislation of Ukraine (Articles 633, 634, 641, 642 of the Civil Code of Ukraine). The terms of this Agreement are identical and binding for all and apply to all services provided by the Provider.

1. DEFINITIONS

1.1. Provider or Medical Institution — Limited Liability Company “SMC “Consilium,” a healthcare institution licensed to conduct medical practice.

1.2. Customer or Patient — an individual who has entered into this Public Agreement with the Provider for the provision of medical services.

1.3. Medical services (medical assistance) refer to the Provider’s professional activities, involving the application of specific measures to improve health (resulting in the improvement of general condition, function of organs or systems). Medical services include: consultations with specialists in treatment fields regarding medical and non-medical therapy, a range of laboratory and diagnostic examinations, therapeutic, preventive, and rehabilitation measures of various levels of complexity and purpose, provided by the Provider under this Agreement. A list of services, their cost, and additional information is available on the Provider’s Website and at the Provider’s service locations.

1.4. Quality of Medical Services refers to:

• The combination of organizational, medical, and sanitary-hygienic conditions for medical support of the Patient in accordance with this Agreement and standards recognized in the Ukrainian healthcare sector.
• The unconditional observance by the Medical Institution of medical-ethical norms and confidentiality in communication with the Patient.

1.5. Confirming Actions refer to actions that indicate consent to enter into/comply with this Agreement. These may include:

• Contacting the Medical Institution via the phone numbers listed on the Provider’s Website;
• Ordering services through the Provider’s Website;
• Registering as a Patient/Customer on the Provider’s Website with name and surname;
• Providing informed voluntary consent for diagnosis and treatment;
• Filling out a patient questionnaire;
• Actual commencement of services;
• Signing other documents relating to medical services in the Provider’s forms;
• Providing voluntary consent to receive informational, promotional, and educational messages from the Provider;
• Payment for medical services or any other actions indicating consent to this Agreement.

1.6. Provider’s Website — the Provider’s Internet resource located at: https://consilium.od.ua

1.7. Parties — a collective reference to the Customer and the Provider.

2. GENERAL CONDITIONS

2.1. This Public Agreement for the provision of medical services (hereinafter referred to as the “Agreement”) is public and defines the conditions and rules for the provision of medical services by the Provider to the Customer. It is concluded for an indefinite period. The terms of this Agreement are the same for all Patients/Customers, and unconditional acceptance of its terms (ordering and/or payment for services by the Customer and/or performing any Confirming Actions) constitutes acceptance of this Agreement by the Customer and confirms the fact of its conclusion.

2.2. The Agreement is binding for the Provider from the moment it is published on the Provider’s Website, and for the Customer — from the moment that occurs first: placing an order and/or paying for services under the Agreement, or the actual commencement of services. The Agreement is considered concluded at the moment the Customer accepts its terms (performs any Confirming Action).

2.3. The terms of the Agreement are determined independently by the Provider in accordance with the current legislation of Ukraine. The Agreement and/or its individual provisions may be amended by the Provider with mandatory notification of the Customer by publishing it on the Provider’s Website. In case the Customer disagrees with the changes, they must terminate the Agreement within three days from the date of publication of such changes on the Provider’s Website, by notifying the Provider in writing. Failure to terminate the Agreement and continued use of the services indicates the Customer’s consent to the changes made to the Agreement.

2.4. By entering into the Agreement, the Customer confirms that they are familiar with and agree to the terms of the Agreement and the Provider’s Price List published on the Provider’s Website, and also provides their consent to the collection and processing of their personal data in accordance with the current legislation of Ukraine.

2.5. If a civil-law (individual) agreement for the provision of medical services is concluded between the Customer and the Provider, the terms of the civil-law agreement shall prevail.

2.6. Medical services under an insurance policy are provided only if a relevant Agreement has been previously concluded between the Provider and the insurance company.

3. SUBJECT OF THE AGREEMENT

3.1. In accordance with the terms of this Agreement, the Contractor undertakes to provide on a paid basis the necessary medical services (medical care) (hereinafter referred to as Medical Services), including preventive, medical and diagnostic, rehabilitation and other services that meet the requirements for diagnostic, preventive and treatment methods permitted in the territory of Ukraine. The type, volume, phasing and other characteristics of the services are determined in accordance with the Treatment Plan, which refers to the following documents, both individually and together: a prescription sheet, a prescription sheet for narcotic drugs, psychotropic substances and precursors for patients receiving treatment in inpatient or outpatient settings, a consultative opinion, other medical documentation in which the Contractor indicates recommendations for treatment.

3.2. The Parties, on the basis of a bilateral agreement, have agreed that the price (cost), name and list of Medical Services to be provided to the Customer in accordance with the terms of this Agreement are determined based on the list (names) and prices (costs) posted on the Contractor’s website, which is valid on the date of provision of assistance.

3.3. The Customer voluntarily undertakes to pay for the medical services (medical assistance) provided to him in accordance with the procedure and on the terms stipulated by this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. Rights and obligations of the Contractor:

4.1.1. Provide Patients with the necessary qualified medical care and medical services, timely and of proper quality, in accordance with the methods, protocols and standards approved by the Ministry of Health of Ukraine, in accordance with the medical specialties of the Medical Institution.

4.1.2. Require the Customer to properly, timely and fully fulfill its obligations under this Agreement.

4.1.3. Not to begin or suspend the provision of services to the Customer in the event that during the examination, diseases or conditions are detected in which the Contractor’s specialists cannot perform medical intervention, in accordance with legislative or licensing restrictions, as well as the technical capabilities of the Contractor’s institution;

4.1.4. In special cases stipulated by the current legislation of Ukraine, limit the provision of medical information to the Customer;

4.1.5. Involve specialists from other medical institutions in the implementation of this Agreement, as well as perform individual medical interventions (procedures, studies, analyzes, etc.) in other medical institutions.

4.1.6. Provide services in accordance with the treatment plan, inform the Customer about the cost, purpose, terms of provision of services, the effectiveness of the selected methods, as well as possible risks and complications during and after their use, which are reflected in the informed consent.

4.1.7. Maintain absolute confidentiality regarding information about the health status, results of examinations and examinations, intimate and family aspects of the Customer’s life;

4.2. The Contractor has the right to make changes to the Price List, notifying the Customer of such changes by posting information on the Contractor’s Website or in another accessible way.

4.3. Rights and obligations of the Customer:

4.3.1. To demand from the Medical Institution proper, timely and full fulfillment of its obligations under this Agreement.

4.3.2. If deficiencies are identified in the process of receiving medical services, immediately inform the Contractor in accordance with the procedure specified in this Agreement.

4.3.3. The Customer receives from the Contractor any medical information about his health.

4.3.4 Medical information constituting a medical secret is provided to the Contractor directly to the Customer and/or his family members.

4.3.5. The fact of concluding the Agreement by the Customer testifies to the familiarization and agreement of the Customer and the Customer’s family members with the current Price List and the cost of the relevant programs.

4.3.6. The Customer, in case of purchasing services for his child, ensures the accompaniment of the child during the provision of medical services and monitoring the proper and timely implementation by the child of the treatment (examination) prescribed by the Contractor.

4.3.7. Receive information about the qualifications and certificates of the Contractor’s specialists;

4.3.8. Replace the doctor at any stage of treatment or provision of medical services.

4.4. The Customer is obliged to:

4.4.1. Make timely payment for the provided Medical Services, in accordance with the terms of this Agreement.

4.4.2. Arrive on time for scheduled appointments, examinations, procedures specified in the treatment plan, conscientiously follow the prescriptions, recommendations of the attending physician, as well as other medical personnel participating in the provision of medical services under this Agreement, and comply with the rules of stay at the Contractor’s Medical Institution;

4.4.3. Provide truthful personal data, as well as information about health status, current and past diseases, allergic reactions, bad habits, etc., which must be entered into medical records. The result of treatment depends on the veracity of the specified information about the Customer.

4.4.4. Fill out the informed consent, forms of other documents proposed for signing by the Contractor for the provision of services.

4.4.5. Attend the appointed consultations, additional examinations, control and preventive examinations, including commissions with the participation of specialists from medical institutions, appointed by the Contractor’s specialists.

4.4.6. Immediately and in a timely manner notify the attending physician about the occurrence of complications after medical interventions (procedures) or deterioration of health due to illnesses, injuries, etc.

4.4.7. Treat the property of the Contractor and the property of other patients of the Medical Center with care.

5. COST OF SERVICES. TERMS AND CONDITIONS OF PAYMENT

5.1. The cost of medical services is determined in the Price List of the Contractor, valid on the date of payment for medical services and posted on the Contractor’s Website.

5.2. Settlements under this Agreement are made in the national currency of Ukraine – hryvnia.

5.3. Settlements for the volume of medical services provided for in this Agreement are made by the Customer by depositing funds into the Contractor’s cash desk, or by transferring funds to the Contractor’s bank account, or by transferring funds to the Contractor’s bank account in the form of an advance (prepayment), in accordance with the Price List valid on the date of provision of services.

5.4. If the Customer has transferred funds to the Contractor’s bank account in the form of an advance (prepayment) and the Contractor has provided the Customer with medical services in the amount of the advance (prepayment) made, and the Customer has expressed a desire to receive medical services from the Contractor in the future, the Customer shall pay for the Contractor’s services by making an additional advance (prepayment).

5.5. In the event of the Customer’s unilateral refusal to accept medical services, he shall compensate for all expenses incurred by the Contractor for their preparation or provision, including the cost of medicines and materials prepared for use.

5.6. The terms of this section regarding payment for services do not apply to cases of providing the Customer with medical services that are paid for by insurers in accordance with voluntary medical insurance contracts or by other third parties.

5.7. Any medical services under this Agreement may be paid for by a third party.

6. PROCEDURE FOR PROVISION AND ACCEPTANCE OF PERFORMED WORK

6.1. Medical services are provided at the actual place of performance of the Contractor’s activities, which is agreed upon by the Parties when the Customer makes an appointment.

6.2. Upon the provision of medical services, the Contractor provides the Customer (members of the Customer’s family) with a certificate of delivery – acceptance of works indicating the following information:

• names of the Parties;
• full name of the Customer, date of birth, diagnosis;
• name and list of works (services) performed by the Contractor;
• cost of the performed works (services) according to the Price List, which was in effect at the time of provision of services, taking into account the terms of this agreement.

6.3. On the day of receipt of the act of delivery – acceptance of works, the Customer is obliged to sign it and transfer to the Contractor a copy of the act of delivery – acceptance of works signed by him or a written reasoned refusal to accept them. In case of failure to sign the act of performed works and failure to submit a written refusal within the above-mentioned period, the act is considered accepted by the Customer, the services are considered accepted by the Customer without reservations and without claims.

6.4. In case of the Customer’s reasoned refusal to sign the act of performed works, the Parties shall resolve the issue in accordance with the procedure stipulated by the current legislation.

7. LIABILITY OF THE PARTIES, DISPUTE RESOLUTION PROCEDURE

7.1. In case of failure to fulfill the terms of this Agreement, the Parties shall be liable in accordance with the current legislation of Ukraine.

7.2. Issues on which the Parties did not reach an agreement during negotiations shall be considered in accordance with the current legislation of Ukraine.

7.3. For violation of the terms of payment for the work performed, the Customer shall pay the Contractor a penalty in the amount of double the NBU discount rate on the unpaid (untimely paid) amount for each day of delay in payment.

7.4. The collection by the Parties of a penalty (penalty, fine) does not release the guilty Party from the obligation to properly fulfill the overdue obligation and to compensate the other Party for losses in full (in addition to the penalty, penalty, fine).

7.5. When concluding this Agreement, the Parties discussed and understand that modern medicine is not an exact science, most medical interventions do not give a guaranteed result and sometimes may be unsuccessful altogether. The Customer and its representatives also understand that due to the limited capabilities of modern medicine, the complexity of identifying and treating certain diseases, the individuality and uniqueness of each patient’s body, the medical interventions and procedures proposed by the Contractor may be ineffective, deterioration of health, the occurrence of atypical reactions and complications are possible.

7.6. The Contractor is responsible for the quality of medical interventions (procedures) performed by its personnel.

7.7. The Contractor is not responsible without fault, as well as for damage caused to the Patient’s health as a result of:

– failure or untimely appearance of the Patient for scheduled visits or control medical examinations;

– early termination by the Patient of the prescribed treatment (examination);

– failure to notify or untimely notification by the Customer of essential information about the state of health or the structure of the body;

– failure by the Patient to comply with the prescriptions and recommendations of the Contractor’s doctors, violation of the treatment regimen.

8. FORCE MAJEURE CIRCUMSTANCES

8.1. The Parties are exempt from liability for failure to fulfill obligations under this Agreement if this failure is due to force majeure circumstances that arose after the conclusion of this Agreement.

8.2. Force majeure circumstances are understood to mean circumstances that arose after the conclusion of this Agreement as a result of extraordinary events unforeseen by the Parties, including fires, floods, earthquakes, natural disasters, epidemics, quarantine, state of emergency, explosions, military actions, adoption of legislative acts, as well as other circumstances beyond the control of the Parties that make it impossible, in whole or in part, to fulfill the terms of this Agreement.

8.3. Proof of the existence of force majeure circumstances is documentary confirmation by the Chamber of Commerce and Industry of Ukraine.

9. TERM OF ACTION AND PROCEDURE FOR AMENDMENTS TO THE TERMS OF THE AGREEMENT

9.1. This Agreement shall enter into force on the date of its conclusion and shall be valid until the Parties fully fulfill their obligations under the Agreement.

9.2. Each party has the right to terminate this Agreement unilaterally by notifying the other party in writing 15 (fifteen) calendar days prior to the date of termination of the Agreement, unless otherwise provided for in this Agreement.

9.3. Termination of this Agreement shall not release either Party from fulfilling obligations that arose prior to the date of its termination.

10. CONFIDENTIALITY AND INFORMATION CONDITIONS

10.1. Each Party shall ensure strict confidentiality of information received from the other Party in the course of concluding and fulfilling the terms of this Agreement. The transfer of the specified information to third parties, its publication or disclosure in any other way may take place only with the written consent of both Parties, regardless of the reasons and date of termination of the Agreement, except for cases provided for by the current legislation of Ukraine.

10.2. When performing medical procedures, the Customer signs a document confirming that he gives his consent to their use. Such consent is based on a conscious, independent and voluntary decision, taking into account all the risks and possible complications that may arise during the performance of medical interventions (procedures).

10.3. Minors, minors or incapacitated patients are accepted only in the presence of their legal representatives. Legal representatives give their consent to the provision of medical services to persons in whose interests they act. In this case, the legal representatives act as the Customer of this Agreement and undertake to comply with the conditions set out in it.

10.4. Information about the extent, procedure and special conditions for performing medical interventions (procedures), possible risks and complications for the health of the Customer/Patient is brought to his attention orally, and if necessary – by drawing up an appropriate document.

11. FINAL PROVISIONS

11.1. The Contractor makes every effort to ensure that the information posted on its website is up-to-date and useful at the time of its publication, and is not liable for any inaccuracies, errors or omissions associated with the use of this information. The Contractor is not liable for any material or other intentional or unintentional damage that may arise from the use of information posted on the Contractor’s Website, which may no longer be up-to-date, may be incomplete, or contain technical or grammatical inaccuracies.

11.2. The Contractor has the right to make changes and additions to the Contractor’s services and other information posted on the Contractor’s Website without prior notice.

11.3. Site visitors may follow hyperlinks to external information resources and/or websites. The hyperlinks posted do not imply a connection between the Contractor and external resources. The Contractor bears no responsibility for the content, correctness, legality and reliability of the information posted on external resources.

11.4. All medical documentation created for the Customer is the property of the Contractor and is stored in the Medical Center.

11.5. The Contractor reserves the right to take photographs before and after the provision of medical services to compare and evaluate the results, as well as to use these photographs on its own website, for scientific and demonstration or other purposes, to which the Customer agrees when concluding this Agreement.

11.6. The Customer agrees that the Contractor may record telephone conversations for the possibility of further reference to them in the event of disputes, as well as in the resolution of conflict situations under the Agreement.