on the provision of services for the organization of medical care abroad
CUSTOMER: an individual or a business entity that has contacted the provider for organization of medical treatment abroad
CONTRACTOR: Private Enterpreneur ‘Rybalova Maria Nikolaevna’ , registered as a subject of entrepreneurial activity and acts on the basis of the Law and a registration certificate, and they are called together PARTIES, and each separately - PARTY, have concluded this Agreement as follows:
1. THE SUBJECT OF THE AGREEMENT
1.1. The Customer orders and the Contractor undertakes to provide a complex of information and consulting services, booking of tickets, hotels, transfers translation, VISA preparation (hereinafter referred to as the Services), which are necessary for the organization of medical services (examination, treatment, prevention or rehabilitation) during the validity of this Agreement. The Customer or the Customer’s patient (hereinafter abbreviated as PATIENT). The Customer undertakes to accept and pay the services on terms and conditions stipulated by this Agreement. Direct delivery of medical services is not the subject of this agreement.
2. OBLIGATIONS OF THE PARTIES
2.1. The CONTRACTOR undertakes:
2.1.1. Provide, on terms and in a timely manner, stipulated in this Agreement, a set of services determined for the organization of the PATIENT’s treatment and stay abroad;
2.1.2. If necessary and in agreement with the Customer, provide other or additional services not specified in the clause 2.1.1 to this Agreement, including special requests of the Customer.
2.1.3 keep confidential information about the patient's personality and health condition, as well as other information that has the status of confidential information about the person in accordance with the current legislation of Ukraine (medical, family, intimate secrets, etc.).
2.1.4 Provide the Services and obligations specified in this agreement in accordance with the current legislation of Ukraine and act in the interests of the CUSTOMER and the PATIENT.
2.2. The CUSTOMER undertakes:
2.2.1 Accept the services provided by the CONTRACTOR, if necessary documentary confirming it;
2.2.2. In a timely manner, provide the Executor (authorized persons) with all necessary and reliable information about the PATIENT, incl. personal and other data, as well as medical and other documents (medical records, extracts, conclusions, laboratory data, ultrasound examinations, X-rays and photographs, etc.) that are necessary to fulfill the obligations provided for in this agreement;
2.2.3 Ensure that the PATIENT fulfills the instructions, remarks and recommendations of the CONTRACTOR for staying abroad and specifics of medical and other related services;
2.2.4 Compensate all costs of the CONTRACTOR, necessary for execution of individual orders under this Agreement;
2.2.5 Payment of the CONTRACTOR's services and on time and on terms stipulated in this Agreement;
2.2.6 If necessary, issue to the Contractor a notarized power of attorney for the execute of the representative authority (for one representative).
3.COST OF SERVICES (PRICE OF THE CONTRACT)
3.1. The price of this Agreement consists of the total cost of all services provided by the CONTRACTOR under this Agreement.
3.2. The cost of services provided by the CONTRACTOR under this Agreement is individually agreed with the CUSTOMER
4.ORDER AND FORM OF PAYMENT OF SERVICES
4.1. Payment for the services of the CONTRACTOR is carried out after the CUSTOMER receives the treatment program abroad.
4.2. The term of payment for services under this Agreement is 3 banking days from the date of invoicing.
4.3. Payment under this Agreement is effected in a non-cash form by transferring funds to the current account of the CONTRACTOR.
4.4. In case of actual provision of 50% of the services agreed upon concluding of this Agreement, prepayment is refunded only for the remaining, not provided services, despite the circumstances of the CUSTOMER's refusal of the services of the CONTRACTOR.
5. FEATURES OF SERVICES PROVISION
5.1. SERVICES under this Agreement are provided by the CONTRACTOR personally, and if necessary with the involvement of third parties.
5.2. Prior to the performance by the CONTRACTOR of the obligations under this Agreement, the CUSTOMER compiles and transmits to the CONTRACTOR the application, information and copies of the identity documents concerning the PATIENT's health condition and, if necessary, the data of persons who will accompany the PATIENT during their stay in foreign medical institutions. The application, information and copies of documents may be provided to the Contractor in person or sent by e-mail.5.3. Communications between the Parties of this agreement shall be made through telephone and Internet communication, including e-mail and sms, Viber and WhatsApp.
5.4. The provision by the CONTRACTOR of services (including instructions and any actions) under this Agreement depends on the timeliness and completeness of the receipt of the necessary information and documents from the CUSTOMER, as well as the timeliness of payment for services.
5.5. The CONTRACTOR guarantees the correctness and conformity of documents construction (including translation), which he processes for the CUSTOMER for the performance of this Agreement.
5.6. In case of revealing the shortcomings of the documentation executed by the CONTRACTOR, the CONTRACTOR shall correct it free of charge within 5 (five) working days after the written request from the CUSTOMER.
6. RESPONSIBILITIES FOR NON-DISCLOSURE OF CONFIDENTIAL INFORMATION
6.1. CONTRACTOR shall not disclose to unauthorized persons the personal and medical data of the CUSTOMER and the PATIENT, as well as the information about his diagnosis and disease. CUSTOMER releases the selected physicians and medical institution or medical coordinators from the disclosure of the personal and health information of the CUSTOMER and the PATIENT, and also allows them to report the CONTRACTOR regarding the conducted to the PATIENT treatment in the clinic, as well as to send the necessary documents on treatment expenses, and others information regaring the patient’s treatment in the medical institution abroad.
6.2. CONTRACTOR shall use the personal and medical PATIENT’S information, including the possible and the current treatment only to the extent required for the performance of this Agreement. CONTRACTOR shall not transfer the personal and medical information of the PATIENT for other purposesxd not specified in this Agreement.
7.LIABILITY AND FORCE MAJEURE CIRCUMSTANCES<
7.1. The Parties must properly fulfill their obligations under this Agreement. The only grounds for exoneration are circumstances caused by events that do not depend on the will of the Parties (force majeure circumstances): fire, natural disaster, acts and decisions of public authorities, diplomatic institutions and / or other similar circumstances.
7.2. The CONTRACTOR shall not be liable in the event of absence of his guilt, in the event of circumstances provided for in clause 8.1. of this Agreement, as well as for the provision of medical services, for refusing to obtain a visa, or for permission to enter the PATIENT and / or to persons who intend to accompany the PATIENT to the country of medical treatment.
7.3. the Party who faced the force majeure circumstances shall inform the other Party in wirting , within 48 after its occurance.The absence of notification of the onset of force majeure circumstances on time deprives the party of the right to refer to them as the basis for exemption from liability.
7.4. The occurrence of force majeure circumstances and their duration must be confirmed by certificates or other documents issued by competent authorities.
7.5. If the force majeure circumstances last more than six months, each of the Parties has the right to terminate this Agreement by returning to the other Party the unused funds that were received in advance for the performance of this Agreement until the end of its validity.
7.6. The CONTRACTOR propose to the CUSTOMER a doctor or clinic, which in his opinion is the most suitable for carrying out the necessary examination, treatment, surgical intervention, etc. Hovewer the final choice of the doctor and medical institurion is made exceptionally, only by the CUSTOMER himself.
7.7. The CONTRACTOR is not responsible for the treatment method chosen between the physician and the CUSTOMER and the PATIENT, and is not responsible for the time of arrival in the clinic, as well as for possible medical errors or damage to the PATIENT’s health, in connection with outpatient or inpatient treatment, including hospital stay.
8.TERM OF THE AGREEMENT
8.1. This Agreement shall enter into force upon the consent of the CUSTOMER on the website www.experts-medical.com and is valid until the CONTRACTOR fully fulfills its obligations to provide services defined by this Agreement.
8.2. The Agreement can be terminated unilaterally by either Party by sending a written notice 20 calendar days prior the termination date.
9.OTHER CONDITIONS AND FINAL PROVISIONS
9.1. This Agreement is made in English in electronic form on the website www.experts-medical.com
9.2. In cases not stipulated in this Agreement, the Parties shall be governed by the current legislation of Ukraine.
9.3. After the CUSTOMER’s consent with this Agreement on the website www.experts-medical.com, all preliminary negotiations on it such as correspondence, preliminary agreements and protocols of intent on issues that are somehow related to this Agreement, lose legal force. All changes and additions to this Agreement are formalized by concluding supplementary agreements
9.4. The parties establish that all possible claims under this Agreement must be considered by the parties within 10 days from the receipt of the claim. In case of failure to reach agreement on the resolution of claims, each party may apply to the relevant Court of Kyiv city
9.5. The CONTRACTOR is the payer of the tax at the rate of 5%.