Approve
FOP Dyurdayi M.M.
Order No. 15
from April 10, 2024
Public contract-offer
on the provision of dental services (entered into force on April 10, 2024)
FOP Mykhailo Mykhailovych Dyurdyai (hereinafter referred to as the "Executor") and the Individual who applied to the Contractor for medical dental services (hereinafter referred to as the "Patient") are collectively referred to as "Parties", and each individually - "Party", entered into this agreement on the following:
PREAMBLE
Terms used in this Agreement:
Acceptance is the Patient's provision of a full and unconditional response to the Contractor's proposal to enter into a Contract. The Agreement is considered concluded without its further signing from the moment the Patient verbally or in writing addresses the Contractor to receive services or perform other actions provided for in the Agreement, which indicate the agreement to comply with the terms of the Agreement (signing the treatment plan, starting the actual receipt of services, paying the Contractor's bill, etc.), without signing a written copy. The date of the Patient's first application to the Contractor is considered the date of conclusion of this Agreement. The patient is considered familiar with the Agreement at the time of concluding the Agreement. Acceptance is a full, unconditional and unconditional acceptance by the Patient of the terms of this Agreement and means the Patient's agreement with all the terms of this Agreement without exception or addition. Acceptance of this Agreement also indicates that the Patient understands the meaning of his actions, all terms of this Agreement are clear to him, the Patient is not under the influence of error, deception, violence, threats, and the like.
The Contractor's website is a web page on the Internet at the address drdclinic.com.ua, which is the official source of informing patients about the Contractor and the services provided by him.
Anamnesis - information about the course of the disease or state of health, which the patient remembers when he is interviewed by a dentist or an anesthesiologist.
Diagnosis - determination of the nature of the disease by calculating objective or subjective signs of diseases (features of their course).
Personal data base - a named set of organized personal data in electronic form and/or in the form of personal data files.
Diagnostics - examination, separate procedures for establishing or clarifying the patient's state of health, identifying diseases (features of their course).
Informed voluntary consent is the Patient's consent to diagnosis, treatment, surgery and analgesia, which is made in writing and may be additionally made in a form determined by the Contractor, before the first service is provided.
Methodology - a certain order and scope of application of medical (other) methods of treatment, examination, etc.
Processing of personal data - any action or set of actions, such as collection, registration, accumulation, storage, adaptation, change, renewal, use and dissemination (distribution, implementation, transfer), depersonalization, destruction of personal data, including including using information (automated) systems;
Pathology is a special process of the development of a disease, a violation of the work or functions of organs, the state of tissues, which has a negative meaning for the human body.
Treatment plan – the volume, types and order of services (treatment, examination, preventive measures, etc.) chosen by the attending physician and agreed with the Patient, as well as their preliminary cost, approximate terms of service provision.
Informed voluntary consent - the Patient's consent to diagnosis, analgesia, treatment and surgical interventions according to treatment methods in medical specialties: dentistry, orthodontics, orthopedic dentistry, therapeutic dentistry, surgical dentistry, children's dentistry. Patient's consent to receive services in the office of FOP Dyurdiai M.M. confirms the fact that the Patient has familiarized himself with the contents of the informed consent and agreed with them, confirmation by the Patient that he had the opportunity to ask all the questions regarding the diagnosis and treatment that he is interested in to the Doctor and received the information in full.
Rules - Rules of internal procedures of the dental office, approved by the Contractor and binding on the Patient, with which the Patient must familiarize himself before concluding the contract.
A public contract is a document on the provision and receipt of dental and anesthesiology services, which establishes the same conditions for the provision of these services for all patients under the terms of a public offer from the moment of its acceptance by the patient.
Public offer - the offer of the Contractor, addressed to any natural person in accordance with Article 641 of the Civil Code of Ukraine, to conclude a contract with him, taking into account the stated conditions.
Prevention is a set of medical measures to prevent diseases;
Dental service – a certain action or set of actions performed by medical workers in the dental office of the Contractor for the purpose of prevention, diagnosis, treatment or rehabilitation of diseases, pathologies or conditions of the Patient
The parties to the contract (the Parties) are the Executor and the Patient.
1. GENERAL PROVISIONS
1.1. According to Art. Art. 633, 634, 641 of the Civil Code of Ukraine, this Agreement is a public Agreement (public offer), which contains all the essential conditions for the provision of medical dental services by the Contractor and offers an unlimited number of natural persons (Patients) to receive medical dental services under the conditions specified in this Agreement.
1.2. The terms of this Agreement are set to be the same for all Patients, except for those to whom the legislation of Ukraine has provided relevant benefits, if any.
1.3. The Contractor does not have the right to refuse to conclude this Agreement if he has the ability (including technical, personnel, organizational, etc.) to provide the Patient with medical dental services.
1.4. The executor confirms that he has all the necessary permits to carry out business activities related to medical practice related to the execution of this Agreement, and bears responsibility in case of violation of the rights of the Patient in the process of execution of the Agreement and implementation of the Services.
1.5. The contractor provides medical dental services on the basis of a license for medical practice, in accordance with the order of the Ministry of Health of Ukraine dated 14.12.2017 No. 1589
1.6. The contract is mandatory for execution by the Contractor from the moment it is published on the Contractor's website and placed in the Consumer's Corner for free access for review.
1.7. In the event that the legislation of Ukraine establishes norms that conflict with this Agreement, the relevant norms of the legislation of Ukraine will prevail in application.
2. AGREEMENT ACCEPTANCE
2.1. The Agreement is considered to have been concluded, without its further signing by the Parties, from the moment of the Patient's oral or written application to the Contractor's dental office for receiving medical dental services or taking other actions provided for in this Agreement, which indicate the acceptance (acceptance) of all the terms of this Agreement.
Confirming actions of the Patient, which testify to the conclusion of this Agreement, are: signing the treatment plan, questionnaire, informed consent for diagnosis and treatment, questionnaire-questionnaire, starting actual use of services, payment of the Contractor's bill, etc.
2.2. The date of the Patient's first application to the Contractor, by agreement of the Parties, is considered the date of conclusion of this Agreement. The patient is considered familiar with the Agreement at the time of concluding the Agreement.
2.3. Each Party guarantees to the other Party that it has the necessary legal capacity, but also all the rights and powers necessary and sufficient for the conclusion and execution of this Agreement in accordance with its terms.
2.4. By concluding the Agreement, the Patient automatically agrees to full and unconditional acceptance of the provisions of this Agreement and all possible annexes to it.
2.5. Before starting to use medical and dental services, each Patient is obliged to familiarize himself with the terms of this Agreement, tariffs for Services, warranty obligations of the Contractor, as well as the Rules for the stay and service of Patients in the Dental office of the Contractor, which are posted (published) on the official website of the Contractor and in the Consumer's Corner (folder).
2.6. All terms of the Agreement set forth in this Public Offer are binding for the Parties. If the Patient does not agree with the terms of the Agreement, he has no right to enter into this Agreement.
2.7. The Executor, at the written request of the Patient, provides him with a written form of this Agreement certified by the signature of an authorized person of the Executor.
3. SUBJECT OF THE CONTRACT
3.1. The Contractor undertakes, upon the order and consent of the Patient, to provide the latter (or the person in whose interests this Agreement is concluded) one or more paid medical dental services from the List of the Contractor's medical services, aimed at improving the Patient's health and in accordance with the established diagnosis (further – Services), and the Patient undertakes to accept and pay for the Services under the conditions specified in this Agreement.
3.2. The scope, type, cost and terms of the provision of Services are determined taking into account the health of the Patient, medical indications, the wishes of the Patient and the technical capabilities of the Contractor.
3.3. On the basis of the initial examination of the Patient, the attending physician establishes a preliminary diagnosis, determines the methods and possible treatment options, the consequences of treatment and expected results, the degree of risk and possible complications, and informs the Patient in detail about this.
3.4. Based on the results of the initial examination, the attending physician draws up a Treatment Plan, which determines the scope of Services agreed by the Parties and their preliminary cost. A necessary condition for the execution of the Agreement is the Patient's agreement with the proposed Treatment Plan, which is evidenced by the Patient's signature or by the Patient's actual consumption of the services specified in the Treatment Plan.
3.5. During the validity of the Agreement, the Parties may draw up several Treatment Plans (in this case, the conditions of the additional Treatment Plan will be an addition to the previous Treatment Plan) or change the Treatment Plan.
3.6. The patient agrees that if it is necessary to conduct an additional examination or to receive the consultation of a specialized medical specialist who is not available at the Contractor, he is obliged to undergo such examination or consultation within the terms set by the Contractor, paying for these services at the rates of the relevant medical institutions.
4. PLACE OF PROVISION OF SERVICES
4.1. The dental office is located at the following address:
- Lutsk, Vyacheslava Chornovola, bldg. 24.
5. SERVICE PROCEDURE
5.1. Services are provided in the dental office of the Contractor in accordance with the Rules, using certified equipment and approved medical products and materials.
5.2. The attending physician is appointed by the Executor.
5.3. Services are provided in accordance with the Patient's informed voluntary consent for diagnosis, treatment, surgery and analgesia, which is drawn up in the form established by the legislation of Ukraine and can be additionally drawn up in the form (questionnaire) 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 have agreed that the signing of informed consents and/or survey letters is a necessary condition for the commencement of the provision of Services.
5.4. Services are provided during the Contractor's working hours. Services are provided by prior appointment, which is carried out by phone or when the Patient applies in person. Provision of Services without a prior appointment is possible only in cases where there is no prior appointment at that time for other Patients. The date and time of provision of each Service is agreed by the Contractor and the Patient in oral or written form (by signing the visit schedule or in another informative form).
5.5. The date and time of provision of each Service may be changed at the initiative of the Patient before the deadline for provision of such Service.
5.6. In case of being late, the Patient must notify the administrator of the Contractor's dental office in advance. In case of lateness, which led to a shift in the appointment schedule, another visit time is agreed with the Patient.
5.7. The date and time of provision 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 renders its provision impossible or significantly increases the risks of complications, threats to the Patient's life or health, or other serious or negative consequences;
5.7.2. the occurrence of force majeure circumstances that make it impossible for the Contractor to provide the Service.
5.8. The Contractor has no right to disclose to third parties information about the illness, medical examination, examination and their results, the intimate and family aspects of the Patient's life, which became known in connection with the execution of this Agreement, except for the cases provided for by the legislation of Ukraine.
6. COST OF SERVICES AND PROCEDURE OF CALCULATIONS
6.1. The cost of the Services provided under this Agreement is determined in accordance with their volume and the Service tariffs approved by the Contractor. Tariffs for Services have the legal force of an agreed price agreement.
6.2. The preliminary cost of the Services is indicated in the Treatment Plan and does not include the cost of treatment of hidden pathologies that may be discovered during the treatment process. Coordination of the treatment plan and the cost of permanent dental work takes place only upon full 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 this period expires, the cost of the Services is determined based on the Contractor's tariffs in effect at the time the Service is provided.
6.4. The Patient pays for the Services in one of the following ways at the Patient's choice:
6.4.1. payment in cash;
6.4.2. payment of the Contractor's bills by non-cash settlement.
6.5. Services are paid for by the Patient on the day the Service is provided - before the Service is provided or immediately after it is provided, in the amount of the full cost of the Service provided for a specific visit.
6.6. The patient has the right to pre-pay for the Services specified in the Treatment Plan. The cost of the Services paid by the Patient as an advance payment cannot be revised by the Contractor in the event of a change in the tariffs for the Services and is set in accordance with the tariffs effective on the day of payment.
6.7. For certain types of Services, which involve preliminary expenses of the Contractor (individual order of medical structures for the Patient from third parties, etc.), the Patient must make an advance payment in the amount of up to 70% of the cost of such structures. The amount of the advance payment and the deadline for its payment are specified in the Treatment Plan and/or in the invoice provided to the Patient in advance.
6.8. Non-cash payment services are provided only on condition of 100% advance payment.
6.9. If the sum of the cost of all the components of the Services provided with advance payment exceeds the amount of the advance payment made by the Patient, the difference must be paid by the Patient no later than the day the Services end.
6.10. In the event of discrepancies between the approximate cost of the Service (part of the Service) and the amount of the bill issued to the Patient for a specific visit, the Patient must pay the bill no later than the next day after the Service (part of the Service) has been provided. In this case, the Patient must sign the Act of services provided with a list of Services provided and the amount of the Patient's debt for the Services.
6.11. In the event that the Patient does not have sufficient funds to pay for the Services received, the Patient's debt to the Contractor may be formalized by an additional agreement on the payment of Services with installment payments.
6.12. Treatment under insurance is provided on the condition that the Contractor has previously entered into an appropriate Agreement with the insurance company.
6.13. 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.
6.14. If in the process of providing the Services there is a need to adjust them (providing additional services or changing the Treatment Plan), then the final price of the Services under the Agreement is also subject to a corresponding adjustment. Such changes shall be agreed by the Parties before the provision of additional or changed Services. The patient has the right to refuse the adjustment of the Services and continue to receive the Services according to the agreed Treatment Plan. If such a refusal makes it impossible to continue providing the Services due to medical indications, the Contractor has the right to unilaterally terminate this Agreement, and the Patient is obliged to pay the cost of the Services actually received. If the Patient does not object to the change or addition to the Treatment Plan, then the provision of Services continues in accordance with the new conditions and with the signing of a new or additional Treatment Plan.
6.15. If, due to the Contractor's fault, the Services are not provided in full, the cost of the Services not provided and paid for shall be reimbursed to the Patient within three working days from the moment of the Patient's application.
6.16. In case of impossibility of providing the Services (part of the Services) due to the Patient not appearing for an appointment with a doctor or for another medical procedure, the Patient's refusal to further receive the Services, the Patient's violation of the terms of this Agreement and (or) the Rules, the Contractor shall refund the Patient within three working days from the moment the Patient's application with the corresponding application, the amount of the advance payment paid by him, with deduction of the actually incurred costs and the costs of manufacturing (ordering) medical structures for the Patient.
6.17. The patient does not have the right to refuse to pay for the agreed and actually provided Services.
6.18. In all cases when the cost of the Services provided to the Patient is not directly determined by the Treatment Plan, including when the Services defined in the Treatment Plan are not provided in full, the cost of such Services (part of the Services) is determined in accordance with the Contractor's current tariffs.
6.19. The total cost of Services under this Agreement is determined by the total cost of all Services provided to the Patient.
7. PROCEDURE FOR RECEIVING SERVICES
7.1. Acceptance and transfer of the provided Services is carried out verbally or at the request of one of the Parties by drawing up the Act of services provided (hereinafter - the Act), which is drawn up by the Contractor in two copies and given to the Patient for signing.
7.2. The patient must sign both copies of the Act or provide a written, motivated refusal to sign it.
7.3. In the event that the Patient has not given a written, motivated refusal to sign the Act, the Service is considered to have been duly provided by the Contractor and duly accepted by the Patient.
7.4. If there is a written, motivated refusal to sign the Act, the Executor shall review such refusal within 10 (ten) calendar days and notify the Patient in writing of the results of the review. In the event that the Patient's refusal is justified, the Parties shall draw up a bilateral complaint document with a list of the necessary improvements and the deadlines for their implementation.
7.5. If several Services are provided to the Patient, the Contractor has the right to draw up one Act, in which the entire list of Services provided.
8. RIGHTS AND OBLIGATIONS OF THE PATIENT
8.1. The patient has the right to:
8.1.1. join this Agreement on the terms proposed by the Contractor;
8.1.2. to receive complete information about the medical services provided by the Contractor before ordering the Services;
8.1.3. agree with the Contractor on the estimated cost of the Services by signing the Treatment Plan;
8.1.4. to receive Services of appropriate quality;
8.1.5. to receive reliable and complete information about the state of his health, including getting acquainted with the relevant medical documents related to his health, which are kept by the Contractor;
8.1.6. to receive reliable and complete information about contraindications, possible complications and risks (including for life and health), prognosis of the possible development of the disease during the provision of Services;
8.1.7. to choose a treatment method in accordance with the recommendations of the attending physician, if the doctor has determined several options for the treatment plan, having previously familiarized himself with the results of the examination, diagnosis, treatment methods, associated risks, advantages and disadvantages of different treatment plans, possible complications;
8.1.8. to demand a replacement of the treating doctor (if the Contractor has other doctors with appropriate qualifications);
8.1.9. in case of a change in the course of treatment of the Treatment Plan and the preliminary estimated cost of the Services, 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 and continue the treatment on the previously agreed terms;
(c) to terminate the Agreement and make payments for the Services actually provided.
8.1.10. to the secrecy of his state of health, the fact of seeking medical help, the diagnosis, as well as the information obtained during his medical examination;
8.1.11. to eliminate the shortcomings of the provided Service during the warranty period;
8.1.12. contact the Contractor with proposals, statements, feedback, etc. regarding the Services provided;
8.1.13. refuse to receive the Service (a part of the Service) at any time during the validity of the Agreement, having previously paid all the services actually provided at the time of refusal.
8.2. The patient must:
8.2.1. before concluding the Agreement, familiarize yourself with the Contractor's tariffs, Rules, warranty obligations;
8.2.2. to arrive at the dental office on time on the date and time of the provision of Services;
8.2.3. notify the dental office in advance of the objective impossibility of appearing for an appointment or procedures;
8.2.4. while staying on the territory of the dental office, strictly follow the Rules of the Contractor;
8.2.5. before starting the provision of Services, inform the attending physician of the entire list of medicines used by the Patient, as well as all known diseases, defects, allergic or specific reactions to medicines and food products and other relevant information about the state of health;
8.2.6. accurately and timely follow the oral or written prescriptions and recommendations of the attending physician, adhere to the Treatment Plan, appear on time for scheduled additional examinations, control and preventive examinations;
8.2.7. provide originals or copies of documents containing information about your health, which are necessary for the Contractor to provide Services;
8.2.8. to inform the attending physician about the improvement or deterioration of well-being, the appearance or disappearance of symptoms and other information about changes in the state of health during the period of treatment;
8.2.9. to accept the provided Services of appropriate quality and sign Acts;
8.2.10. to pay the cost of the Services in the manner and under the conditions specified in this Agreement;
8.2.11. to pay the cost of non-agreed additional Services that were provided by the Contractor in order to avoid negative consequences for the Patient's life or health;
8.2.12. read the informed consents for diagnosis, treatment and anesthesia in Appendix 1 to this Agreement, sign the questionnaires and survey letters of the Contractor;
8.2.13. to observe the rules of operation of established medical structures;
8.2.14. not engage in self-medication.
9. RIGHTS AND OBLIGATIONS OF THE PERFORMER
9.1. The executor has the right to:
9.1.1. make changes to this Agreement, as well as to the list of Services, change the price of each Service;
9.1.2. conduct promotions, provide discounts and additional benefits for Services;
9.1.3. to receive payment for the Services provided in the manner provided for in this Agreement;
9.1.4. to process personal data and other information about the Patient in accordance with the requirements of the legislation of Ukraine on the protection of personal data;
9.1.5. if necessary, upon prior agreement with the Patient, make changes to the Treatment Plan;
9.1.6. independently determine and appoint treating doctors who will provide Services to the Patient;
9.1.7. in case of emergencies, unforeseen situations or complications during medical interventions - independently determine the scope of all necessary and possible measures to eliminate them;
9.1.8. to provide incomplete information about the Patient's state of health, to limit his access to individual medical documents in the event that information about the Patient's illness may worsen his state of health or harm the treatment process;
9.1.9. to make audio recordings of telephone conversations with the Patient;
9.1.10. conduct photo and/or video recording of the process of providing Services and further use the depersonalized results of such recording for advertising, marketing, educational and other purposes that do not contradict the legislation of Ukraine;
9.1.11. postpone the visit in case of unforeseen absence of the attending physician or, if possible, appoint another attending physician for treatment with the consent of the Patient;
9.1.12. in case of lateness of the Patient, unilaterally change the period of provision of Services or cancel the provision of such Services;
9.1.13. refer the Patient to other specialized medical specialists, including to another health care institution, in order to clarify the diagnosis and choose the optimal treatment plan;
9.1.14. not to start (or suspend) the provision of Services in cases of:
(a) the Patient's refusal to sign informed consents and/or questionnaires, fill in anamnesis (health questionnaires);
(b) in the event of arrears from the Patient for payment of Services (until such arrears are fully repaid);
(c) detection during the examination of contraindications to implantation, which may affect the effectiveness of using this complex method, elimination of dental defects;
(d) the Patient's refusal to provide truthful information about his state of health, to familiarize himself (with a certificate of this fact with his signature) with the statements of the Executor of medical and legal documentation;
(e) detection in the Patient during the examination of a disease (pathology), the treatment of which is impossible in the dental office due to licensing restrictions, the qualifications of the medical staff or technical equipment, or in the case of the Patient's refusal to treat such a pathology, if this makes it impossible to provide Services under the Treatment Plan;
(e) the Patient's stay in a state of alcoholic or drug intoxication or in another morbid state, which prevents the provision of quality Services;
(j) non-arrival of the Patient on the set date and time to receive the relevant Services;
9.1.15. to refuse the provision of Services at any time (provided that such refusal does not endanger the life of the Patient) in the following cases:
(a) provision by the Patient of incomplete and/or inaccurate data about his/her identity and/or state of health;
(b) the presence of medical contraindications to undergoing treatment using the methods determined by the Parties;
(c) the Patient's refusal to undergo examinations necessary for further treatment;
(d) in case the Patient insists on the use of medicinal products or the use of diagnostic and treatment methods that are not permitted for use on the territory of Ukraine;
(e) non-compliance by the Patient with the prescriptions or treatment schedule established by the attending physician;
(e) violation by the Patient of the Rules of stay and service of patients in the dental office.
9.2. The executor is obliged to:
9.2.1. conduct an initial examination of the Patient at a time agreed with the Patient to establish a preliminary diagnosis, the amount of necessary treatment, calculate the cost of treatment and inform the Patient of the results;
9.2.2. if additional methods of examination are necessary for the purpose of establishing a final diagnosis, conduct them, and if there are no opportunities for this, inform the Patient and refer him for examination to another health care institution or specialized medical specialist;
9.2.3. provide Services of appropriate quality in accordance with the final diagnosis, treatment plan and cost calculation agreed by the Parties;
9.2.4. to provide the Patient with all the necessary Services provided for by the Agreement and the agreed Treatment Plan;
9.2.5. to create proper and safe conditions for the Patient's stay in the dental office;
9.2.6. to provide the most rational methods of treatment in accordance with medical indications;
9.2.7. to inform the Patient about circumstances that may arise and lead to an increase in the scope of the provision of Services, about possible risks and complications that may arise during the provision of Services;
9.2.8. in the case of changes in the treatment process, agree with the Patient on an additional or new Treatment Plan and its approximate cost;
9.2.9. to provide the Patient with medical appointments and recommendations after providing the Service;
9.2.10. at the request of the Patient to provide information about the Contractor's mode of operation, conditions and procedure for providing Services;
9.2.11. after the end of the treatment, provide, at the request of the Patient, an extract from the medical card, copies of examination results, certificates as agreed, etc.;
9.2.12. to observe the absolute confidentiality of information about the state of health, the results of medical examinations and examinations, the intimate and family aspects of the Patient's life;
9.2.13. to use medicines and medical products approved for use in Ukraine;
9.2.14. to maintain and store medical documentation and reporting in accordance with the requirements of the legislation of Ukraine.
10. IMPLANTATION
10.1. The operation to install the implant is carried out in two stages:
- 1st stage: installation of the intraosseous part of the implant;
- 2nd stage: (approximately after 3 - 6 months) installation of the gum former, and then - the supporting element - after 10 - 20 days.
10.2. Implantation is an operation that is less traumatic than tooth extraction. During the operation, which is performed under anesthesia, the patients hardly experience any unpleasant sensations.
10.3. The main advantages of implantation over conventional methods of prosthetics are:
- solving the problem of poor fixation of removable prostheses (possibility of fixing a complete removable prosthesis on 2x or 4x implants) or complete rejection of removable prostheses (when installing a sufficient number of implants);
- the possibility of preserving intact teeth with a dentition defect, as well as achieving adequate functional load and preventing overloading of these teeth;
- if necessary, the external (crown) part of the implant can be replaced.
10.4. In addition to advantages, implantation has disadvantages:
a) the need for surgical intervention;
b) long and complex treatment;
c) serious complications are possible;
d) it is difficult to predict the long-term result of the treatment, and the aesthetic effect.
10.5. Possible complications are: osteomyelitis (inflammatory processes in bone tissue), necrosis (devitalization) of bone, penetration (damage, breakthrough of the maxillary sinus and mandibular canal), increased mobility of teeth, which may lead to the need for their removal.
After surgery, in some patients, the recovery process may proceed with inflammation of the gums, the appearance of pathology of the temporomandibular joint; with consequences: headache with radiation to the neck and facial muscles, fatigue of the masticatory muscles, possible swelling, changes in the mucous membrane in the surgical area, numbness of the lip, tongue, cheek and teeth, slow healing, allergic reactions to the drugs used, etc. .
11. QUALITY OF SERVICES
11.1. Services are provided by medical workers of the Contractor's dental office 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 industry standards in the field of health care and/or medical care protocols approved by the Ministry of Health of Ukraine.
11.3. The quality of the Services provided must meet the requirements of Ukrainian legislation.
11.4. Services must be safe for the Patient's health.
11.5. Quality control of the provision of medical care is carried out in the cases, in the manner and within the time limits stipulated by the legislation of Ukraine
12. WARRANTY SERVICE TERMS
12.1. The Contractor guarantees the quality of the Services provided. The guarantee is provided for those types of Services, the list of which is approved by the Contractor and the Ministry of Health of Ukraine. Detailed information about the Contractor's warranty obligations is contained in the Consumer's Corner (folder) and on the Contractor's official website.
12.2. In cases where, upon approval of the Treatment Plan, the Patient insists on the use of medical interventions, the positive results of which are highly questionable 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 drawn up, and the Patient provides the Executor a written statement about the waiver of warranty obligations and informing about possible negative consequences.
12.3. All defects, deficiencies and other shortcomings of the provided Services, which are discovered by the Patient during the warranty period, are eliminated by the Contractor free of charge within the period agreed by the Parties, provided that:
12.3.1. the Patient's compliance with all the doctor's recommendations, including dietary restrictions and compliance with oral hygiene;
12.3.2. the Patient's compliance with the rules for using the result of the Services, including the orthodontic structure, the restored tooth, etc., the absence of injuries, mechanical damage;
12.3.3. timely attendance of the Patient at the appointment for continued treatment;
12.3.4. the patient's visit to scheduled control examinations;
12.3.5. immediate, no later than three days from the moment of detection of deficiencies, the Patient's appeal to the dental office to eliminate the identified deficiencies.
12.4. In case of non-compliance by the Patient with any of the conditions stipulated in Clause 12.3 of this Agreement, the Contractor's warranty obligations are terminated and the Patient loses the right to make claims related to the shortcomings of 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. PERSONAL DATA OF THE PATIENT
13.1. Pursuant to the Law of Ukraine "On the Protection of Personal Data", the Contractor informs the Patient about the processing of his personal data during the execution 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, establishing a medical diagnosis, to provide care or treatment or provide medical services (clause 6, part 2, article 7 of the Law of Ukraine "On the Protection of Personal Data").
13.4. Composition and content of personal data processed by the Contractor:
13.4.1. general data (including, but not limited to: surname, first name, patronymic, gender, date and place of birth, address of registration and place of residence, marital status, means of communication);
13.4.2. special data relating to a person's state of health (including, but not limited to: the fact of seeking medical help, medical information about the person, which includes not only evidence of the state of health, but also about the medical history, proposed studies and treatment measures, prognosis of the possible development of the disease, the existence of a risk to life and health, information about 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. know about the sources of collection, the location of your personal data, the purpose of their processing, the location or place of residence (residence) of the owner of personal data;
13.5.2. receive information about the conditions for providing access to personal data, in particular, information about third parties to whom personal data is transferred;
13.5.3. to access your personal data;
13.5.4. to receive no later than 30 calendar days from the date of receipt of the request, except in cases provided by law, an answer on whether his personal data is being processed, as well as to receive the content of such personal data;
13.5.5. present a reasoned demand to the Contractor with an objection to the processing of his personal data;
13.5.6. make a reasoned demand to change or destroy your personal data by the Contractor, if these data are processed illegally or are unreliable;
13.5.7. to protect your personal data from illegal processing and accidental loss, destruction, damage due to intentional concealment, failure to provide or untimely provision of them, as well as protection from providing information that is unreliable or disgraces the honor, dignity and business reputation of a natural person ;
13.5.8. file complaints about the processing of your personal data with the Commissioner or the court;
13.5.9. apply legal remedies in case of violation of the legislation on the protection of personal data;
13.5.10. know the mechanism of automatic processing of personal data;
13.5.11. to protect against an automated decision that has legal consequences for the patient.
13.6. Personal data of Patients are stored in the form of file cabinets 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 process the Patient's personal data exclusively in connection with the performance of their professional duties and undertake not to allow the disclosure of personal data that was entrusted to them or became known in connection with the performance of professional, official and labor duties .
13.8. The executor may transfer the personal data of patients to the prosecutor's office, law enforcement and judicial authorities, guardianship and guardianship authorities, MSEK, the Social Insurance Fund, etc. only to the extent necessary for them to exercise their powers.
13.9. Lawyers have the right to access the personal data of only those Patients who are their clients, and only if these clients give their consent to such a transfer. Personal data is transferred to other persons only with the consent of the Patient or his legal representative (parent, guardian or custodian). For scientific and statistical purposes, anonymized personal data that does not allow identifying a person may be transferred.
13.10. The Patient consents to the use by the Contractor of the contact data provided by him for the purpose of informing the Patient, communicating with the Patient; to send messages of a medical, informational and/or advertising nature; sending messages, the text of which may contain personal and confidential information about the Patient. At the written request of the Patient, the contact details of the latter are excluded from the list of recipients for informational and advertising messages.
14. CONFIDENTIALITY
14.1. According to this Agreement, the information about the fact of the Patient seeking medical help, the established diagnosis, the list of services provided, as well as other information, which in accordance with the current legislation is confidential information (information with limited access), is recognized as confidential.
14.2. The executor undertakes to maintain the confidentiality of information obtained during the performance of this Agreement.
14.3. The Contractor declares that the confidentiality obligations provided for in this section are of an indefinite nature and remain in effect after the expiration of this Agreement.
15. RESPONSIBILITY OF THE PARTIES
15.1. The Parties are responsible for non-fulfillment or improper fulfillment of their obligations in accordance with the current legislation of Ukraine and this Agreement.
15.2. The patient is responsible for the reliability of the information provided regarding his health, the fulfillment of the doctor's recommendations, and the timely payment of the provided Services.
15.3. The Contractor is responsible for the quality and safety of the Services provided.
15.4. In case of delay in payment of the provided Services, the Contractor has the right to demand from the Patient the payment of a penalty in the amount of twice the accounting rate of the National Bank of Ukraine from the amount of the actual debt for each day of delay, and for a delay of more than 30 (thirty) days - to additionally demand from the Patient the payment of a fine in the amount of debts.
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 as a result of the biological characteristics of the Patient's body and the probability of which the available knowledge and technologies cannot completely exclude, if the Services are provided in compliance with all the necessary actions and conditions that are presented for services of this type;
15.5.2. possible discomfort, which is caused by the specificity of medical methods and is a consequence of the body's reaction to the physical and chemical effects of drugs, which pass 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-observance (violation) by the Patient of the recommendations given by the attending physician.
15.6. The Contractor is released from responsibility for the result of the Services provided and for damage caused to the Patient's health in the following cases:
15.6.1. non-compliance by the Patient with the appointments and recommendations of the attending physician, the Treatment Plan;
15.6.2. non-appearance or late appearance of the Patient for scheduled appointments or control medical examinations;
15.6.3. the Patient's refusal to continue treatment and/or early termination of the Agreement;
15.6.4. non-reporting, untimely reporting by the Patient of essential information about his state of health (anamnesis), existing bad habits or reporting knowingly false information;
15.6.5. receiving medical care in other health care facilities or other medical specialists;
15.6.6. untimely notification by the Patient to the doctor about complications that occurred during the Agreement;
15.6.7. use of medicines and medical products of inadequate quality or those not prescribed by the Contractor's doctors;
15.6.8. occurrence of allergies or non-acceptance of medical drugs or materials approved for use;
15.6.9. the 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, so diagnosis and treatment cannot guarantee an accurate and positive effect. The patient is aware 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 provider may not bring the expected result or even cause the patient's health to deteriorate, the occurrence of atypical reactions and complications that are not taken into account in industry medical standards (protocols) and not described in special literature.
16. CIRCUMSTANCES OF FORCE MAJEURE
16.1. The Contractor is released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose beyond the control of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, quarantine, war, military actions, civil disturbances, strikes, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions, lack of electricity, interruptions in the supply of natural gas or drinking water, breakdown of equipment or equipment, temporary incapacity of doctors or other medical personnel of the Contractor, etc. ).
16.2. The patient is released from responsibility for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances that did not exist at the time of concluding the Agreement and arose beyond the will of the Parties (accident, catastrophe, natural disaster, epidemic, epizootic, quarantine, war, military actions, civil unrest, strike, terrorist actions or acts, anti-terrorist operations, fires, lightning strikes, explosions).
16.3. The Party that cannot fulfill its obligations under this Agreement as a result of force majeure must, if possible, immediately, but no later than within 3 (three) calendar days from the moment of occurrence of such circumstances, notify the other Party.
17. DISPUTE RESOLUTION PROCEDURE
17.1. In the event of disputes or disagreements, the Parties undertake to resolve them through mutual negotiations and consultations.
17.2. In the event that the Parties fail to reach an agreement, disputes (disagreements) shall be resolved in court in accordance with the legislation of Ukraine.
18. AMENDMENT TO THE CONTRACT
18.1. Changes to this Agreement are made unilaterally by the Contractor and are published on the Contractor's website and on paper in the Contractor's dental office - at the reception and/or in the Consumer's Corner (folder). In case of discrepancies between the terms of this Agreement published on the Contractor's website and on paper in the Contractor's dental office, the paper copy has priority.
18.2. In case of changes to this Agreement (including changes in prices for Services), the Contractor is obliged to notify the Patients 30 days before the expected date of implementation of changes and/or introduction of new prices by placing an announcement on the website and at the reception in the premises of the dental office. The announcement of the introduction of new prices must also be posted in the dental office within 2 months from the beginning of their introduction.
18.3. If the Patient disagrees with the changes made to the Contract, such Patient is obliged to terminate the Contract within a week from the moment when he learned or could have learned about the changes. Continuation of the use of the Services indicates the Patient's agreement with the changes made to the Agreement.
19. TERM OF THE AGREEMENT AND OTHER TERMS
19.1. This Agreement enters into force from the date of conclusion and is valid indefinitely, until its termination by any of the Parties in accordance with the procedure established by the Agreement.
19.2. All terms of providing Services during the implementation of the Treatment Plan are approximate and may change depending on the Patient's 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 consent of the Parties, including by concluding an Additional Agreement on Termination of the Contract;
19.3.2. at the initiative of the Patient by submitting a written statement to the Contractor no later than 10 days before the expected date of termination of the Agreement. The contract is considered 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 of the Patient's health in connection with such a refusal. The Contractor informs the Patient in writing about the reasons for the cancellation of the Agreement and the date from which the Agreement will be considered terminated. In the absence of communication with the Patient, the notice of termination of the Agreement is sent by letter to the address specified in the Agreement. The contract is terminated from the date indicated in the notification of the Executor.
19.4. The parties unconditionally agree to consider the Patient's details to be the information specified by him when filling out the relevant questionnaires of the Contractor, which contain the Patient's personal data, or drawing up the Treatment Plan and medical card.
19.5. The patient understands and agrees that all the information posted on the Internet resources of the Contractor is of an informational and advisory nature only and cannot be interpreted as medical information and as an indication for its application in relation to the patient.
19.6. Rules for the stay and service of patients in the dental office, current tariffs for the Contractor's medical services are approved by the Contractor and posted on the website, as well as in the Consumer's Corner (folder) in the dental office and are made available for review at the first request of the Patient.
19.7. On all documents related to the conclusion and execution of this Agreement, which require the Patient to sign them, along with the signature, the Patient must write his/her last name and initials in his/her own hand.
20. ADDITIONAL AGREEMENTS OF THE PARTIES
20.1. A party to this Agreement, in addition to the Contractor and the Patient, may also be a Third Party - with the consent of the Patient and the Third Party itself. The legal representative of the Patient is not considered a Third Party.
20.2. When a Third Party is involved by a Party to the Agreement, the Contractor has the right to demand from such a person the presentation of documents confirming his authority to perform certain actions on behalf of the Patient.
20.3. The third person is considered to be accompanying the Patient and may perform actions or receive information only with the Patient's consent, which is recorded in a separate protocol.
21. PERFORMER DETAILS
FOP Mykhailo Mykhailovych Dyurdiai
RNOKPP 3279020936
Registration address:
43026, Volyn Region, Lutsk, 11 Konyakina Street, Apartment 80
Address of business activity:
4300, Volyn region, Lutsk, Vyacheslava Chornovola St., building 24
y/y UA 963052990000026006000804924
In PJSC CB "PRIVATBANK"
MFO 305299
Tel. +38(095)7425360
drdclinic.com.ua