This Public Offer Agreement (hereinafter referred to as the “Agreement”) is an official offer of LLC “Dudko and Sons” (hereinafter referred to as the “Provider”) to any individual (hereinafter referred to as the “Customer”) to conclude an Agreement under the following terms and conditions.
1. SUBJECT OF THE AGREEMENT
The Provider undertakes to provide the Customer with paid medical services, and the Customer undertakes to pay for these services in the manner and on the terms established by this Agreement.
2. TERMS AND DEFINITIONS
2.1. “Agreement” means this Public Offer Agreement, as well as any Appendices and Addenda thereto, published on the Provider's information resource and at the information stand in the clinic.
2.2. “Customer” means an individual who accepts the terms of this Agreement and receives medical services under the terms of this Agreement.
2.3. “Provider” means LLC “Dudko and Sons,” a legal entity registered in accordance with the legislation of the Republic of Belarus.
2.4. “Services” mean medical services provided by the Provider under the terms of this Agreement.
2.5. “Site” means the official website of the Provider, located at https://implant-center.by/.
3. TERMS OF MEDICAL SERVICES
3.1. The Provider provides medical services to the Customer in accordance with the terms of this Agreement and the terms of the service description published on the Site.
3.2. The Customer is provided with complete and accurate information about the medical services offered, their cost, and other relevant conditions.
3.3. The Provider has the right to make changes to the scope and cost of medical services, as well as to other terms and conditions of this Agreement. Changes are considered effective from the date of their publication on the Site.
3.4. The Customer agrees that medical services are provided based on the availability of specialized medical equipment, medications, and medical supplies required for the provision of such services.
3.5. The Customer has the right to refuse medical services at any stage of their provision. In this case, the Customer shall be obligated to reimburse the Provider for the actual costs incurred for the services provided up to that point.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer undertakes:
4.1.1. To provide accurate information about their health condition, medical history, allergies, and other relevant information that may affect the provision of medical services.
4.1.2. To comply with the terms and conditions of this Agreement and the rules established by the Provider.
4.1.3. To follow the appointments and recommendations provided by the Provider to achieve the best treatment results.
4.1.4. Not to disclose confidential information of the Customer.
4.1.5. To receive services in accordance with the terms of this Agreement, adhering to the requirements for the use of authorized medicinal products, medical devices, antiseptics, consumables, and other medical equipment approved for use in the Republic of Belarus.
4.1.6. To unilaterally modify the initially specified volume of provided medical services in case there is a threat to the life or health of the Customer or others.
4.1.7. To refuse to provide paid medical services if medical contraindications are identified in the Customer.
4.2. The Provider has the right:
4.2.1. To make changes to the Agreement by publishing a new version of the Agreement or information about the changes made to it on the Site and in print near the administrator's desk.
4.2.2. To refuse to provide the Customer with services provided by this Agreement in case the Customer fails to fulfill the conditions of this Agreement.
4.2.3. To obtain any information from the Customer necessary to fulfill its obligations under this Agreement. In case the Customer does not provide or provides incomplete or inaccurate information, the Provider has the right to suspend the execution of its obligations under this Agreement until the necessary information is provided.
4.2.4. To unilaterally modify the initially specified volume of provided medical services in case there is a threat to the life or health of the Customer or others.
4.2.5. To refuse to provide paid medical services if medical contraindications are identified in the Customer.
4.2.6. To involve third parties in fulfilling its obligations under this Agreement and to use the services/work of third parties to ensure the provision of services specified in this Agreement.
4.2.7. To demand that the Customer comply with safety rules, rules of conduct in public places, and handle the Provider's and third parties' property with care.
4.2.8. In case of damage caused to the Provider's or third parties' property by the Customer, demand compensation for the full amount of the damage caused.
4.2.9. To refuse to provide services if:
The Customer is in a state of alcohol, drug, or toxic intoxication.
The Customer's actions threaten the life and/or health of the Provider's staff and other citizens.
The Customer violates the internal rules for visitors.
Payment for services has not been made in accordance with the terms of the Agreement.
The Customer disagrees with the cost of the Provider's services.
The Provider is not authorized to provide medical services in case the Customer refuses to sign the Voluntary Informed Consent for medical intervention.
4.2.10. To reschedule previously agreed-upon appointment dates and times, notifying the Customer, in the following cases:
Lack of conditions for the appointment (accident, power outage, water supply interruption, etc.) at the Provider's premises.
Temporary absence of the specialist due to valid reasons and the Provider's inability to provide a replacement.
The Customer is more than 10 minutes late for the appointment from the scheduled time.
4.2.11. To demand that the Customer provide an identity document when receiving services under this Agreement, except when medical services can be provided anonymously. In case the Customer fails to present the required document, the Provider has the right to refuse to provide medical services.
4.3. The Customer must:
4.3.1. Pay for the medical services provided by the Provider.
4.3.2. Provide the necessary documents and information to the Provider for the provision of services (information about the Customer's health condition, allergic reactions to medications, etc.) that may affect the course of medical services.
4.3.3. Adhere to the rules of internal regulations at the healthcare facility, safety rules, rules of conduct in public places, and handle the property of the Provider and third parties with care.
4.3.4. Timely inform the Provider about circumstances that may affect the execution of this Agreement.
4.3.5. Follow all appointments and recommendations of the Provider.
4.3.6. Adhere to the Provider's working schedule, agreed-upon deadlines, and arrive for the scheduled service at the appointed time. Notify the Provider at least 24 hours in advance in case of inability to attend. In case of the Customer's lateness, the service may be provided only if the Provider has a temporary opportunity.
4.4. The Customer has the right:
4.4.1. To receive information about the calculation of the cost of medical services.
4.4.2. In case of non-compliance by the Provider with the obligations within the specified time under this Agreement, the Customer can:
Agree to a new deadline for the provision of paid medical services.
Request the performance of paid medical assistance by another specialist.
Terminate the contract and demand reimbursement of the service cost.
4.4.3. To choose a treating specialist doctor.
4.4.4. To receive information in an accessible form about their health status, the methods of medical assistance provided, as well as the qualifications of the treating doctor and other medical personnel directly involved in providing medical assistance to them.
4.4.5. To refuse medical assistance, including medical intervention. In this case, the responsibility for their health lies with the Customer.
4.4.6. To choose individuals to whom information about their health status can be disclosed with their written consent, unless otherwise provided by the legislation of the Republic of Belarus.
4.4.7. To withdraw their consent to the processing of personal data at any time without explaining the reasons, to request their deletion, and in the absence of technical possibility of deletion, to prevent further processing of personal data, including their blocking.
CONTRACT AMOUNT AND PAYMENT TERMS
5.1. The provision of medical services is provided in full upon 100% (one hundred percent) payment by the Customer. The Agreement becomes effective after the Customer's appointment is scheduled. Payment for the services of the Provider is made by the Customer in Belarusian rubles in cash through the Provider's cashier, or by bank transfer to the Provider's current (settlement) account or through a terminal. Payment for medical services provided to a minor is made by their legal representatives.
5.2. The date of payment for medical services is the day when the funds are deposited into the Provider's cashier.
5.3. The price lists in effect at the time of payment for medical services are an integral part of this Agreement.
5.4. The basis confirming the provision of services and their scope is the entry in the medical record (consultation report). Information about the scope of the provided paid medical services, according to the resolution of the Ministry of Finance of the Republic of Belarus dated February 12, 2018, No. 13 “On certain issues of preparing primary accounting documents,” is prepared solely by the Provider and is considered a primary accounting document. The Customer agrees that information about the scope of the provided paid medical services is prepared by the Provider unilaterally in accordance with the current legislation of the Republic of Belarus. The consultation report signed by the doctor and provided to the Customer is a document confirming the provision of the service (act of receiving the provided service).
LIABILITY OF THE PARTIES
6.1. In case of non-performance or improper performance of their obligations under this Agreement, the culpable Party shall be liable in accordance with the current legislation of the Republic of Belarus, taking into account the specifics established by this Agreement.
6.2. Neither Party shall be liable for complete or partial non-performance of the other Party's obligations if such non-performance is a result of force majeure circumstances, such as fire, flood, earthquake, strikes and other natural disasters, war and military actions, or other circumstances beyond the control of the Parties that prevent the execution of this Agreement, which arose after the conclusion of the Agreement, as well as for other reasons provided by law.
If any such force majeure circumstances directly affect the non-performance within the time specified in the Agreement, then this period is proportionally extended for the duration of the relevant circumstance.
6.3. The Provider shall not be liable in the following cases:
6.3.1. For the provision of inaccurate information by the Customer.
6.3.2. If the treatment is discontinued and/or not completed not at the initiative of the Provider.
6.3.3. In case of the Customer experiencing allergic reactions due to intolerance to medications and materials allowed for use in the Republic of Belarus, occurrence of side effects of medical intervention, and complications arising from the biological characteristics of the body.
6.3.4. For the occurrence of complications resulting from the Customer's failure to comply with prescriptions, appointments, and recommendations of the Provider.
6.3.5. The Provider shall not be liable for non-performance or improper performance of its obligations under this Agreement if, given the level of care required from them based on the nature of the actions to be performed, they have taken all necessary measures for proper performance of obligations but the expected result was not achieved.
6.3.5. The Provider shall not be liable for non-performance or improper performance of its obligations under this Agreement if the Customer did not provide information about their health status that could affect the results of conducted therapeutic and diagnostic measures.
6.4. When providing the Provider with the results of laboratory tests or diagnostic examinations (ultrasound, ECG, MRI, CT, etc.) and consultative conclusions made by third-party medical institutions, the Provider shall not be liable for the established diagnosis and/or prescribed treatment if the results of analyses, diagnostic examinations, or consultative conclusions provided do not correspond to the objective clinical picture of the patient, as well as for possible consequences arising from their inaccuracy.
6.5. The Provider shall not be liable for items left by Customers on the Provider's premises without personal supervision.
DISPUTE RESOLUTION
7.1. The Parties shall seek to resolve all possible disputes and disagreements that may arise under or in connection with the Agreement through negotiations.
7.2. The Parties agree that all disputes arising from or in connection with the Agreement may be settled through mediation as a pre-trial method of dispute resolution, in accordance with the terms and procedures provided by the legislation of the Republic of Belarus and the Agreement. In this case, the interested Party sends a written proposal to the other Party to settle the dispute through mediation. The Party receiving such a proposal reviews it and responds within 10 (ten) calendar days from the date of receiving the proposal.
7.3. Disputes not resolved through negotiations shall be submitted for consideration to the court at the location of the Provider, in the manner provided by the current legislation of the Republic of Belarus.
AGREEMENT TERM
8.1. The Agreement becomes effective from the moment of acceptance of the offer and remains in force until the Parties fulfill their obligations.
8.2. The term of this offer is established for the entire period of validity of the special permit (license) for the right to engage in medical activities No. 02040/1534 issued by the Ministry of Health of the Republic of Belarus to PCHUP “Dudko and Sons,” and registered in the registry of special permits (licenses) of the Ministry of Health of the Republic of Belarus under No. M-1534.
SPECIAL TERMS
9.1. The Provider reserves the right to change and/or supplement the terms of this public offer unilaterally, adjust existing tariffs, introduce new Appendices and Addenda to this Agreement. Information about such changes is published on the Provider's information resource at the address: http://implant-center.by/ and on the information board directly in the clinic near the administrator's desk.
9.2. The Customer is responsible for independently checking for changes on the Provider's information resource or on the information board directly in the clinic near the administrator's desk. Continuing to use medical services after being informed of changes to the current terms of this Agreement, its Appendices, and other changes on the information boards and the Provider's information resource, is considered the Customer's agreement to the introduced changes and additions.
LOCATION:
220029, Minsk city, Masherau Avenue, 17
Phone numbers:
+375 17 334-91-65
+375 44 545-09-10
Email: info@implant-center.by
Website: https://implant-center.by/