General conditions for the provision of paid dental services of the clinic "Drs. Matyash"The general conditions for the provision of paid dental services are a public contract of affiliation (hereinafter referred to as the Agreement), according to the terms of which the entrepreneur (hereinafter referred to as the "Clinic") undertakes to provide the Patient with paid dental services (hereinafter referred to as the services), following the methods of diagnosis, prevention and treatment allowed on the territory of Ukraine, and the Patient undertakes to pay for the services provided in a timely manner at the price specified in the Clinic's Price List.
Definition of basic concepts.1.1. The warranty period is a period of time during which, in the event of defects in the services provided, the Patient has the right to contact the Clinic for their free elimination. The warranty period is determined from the day the service is completed.
1.2. The attending physician is a physician from among the staff of the Clinic, who is chosen by the Patient or who is appointed by the Clinic to provide services.
1.3. A patient is a natural person who actually consumes dental services (results of the Clinic's actions or activities). If the consumer of the services is a minor or a minor, the rights and obligations provided for in this Agreement for the Patient are acquired by the legal representative of such a person.
1.4. Services — dental and other services provided by the Clinic, a comprehensive list of which is contained in the Price List, as well as on the Clinic's website on the Internet at
https://drs-matyash.com/en.
1.5. Price list – a document containing a list and prices of services provided by the Clinic.
Service provision procedure.2.1. When the Patient applies to the Clinic, the latter fills out the Adult Patient Questionnaire of the prescribed form in written and/or electronic form. If the Patient is a minor or a minor, his or her legal representative fills in the Child Patient's Parent Questionnaire and the Child Patient's Questionnaire.
2.2. At the agreed time, the attending physician examines the Patient, establishes a preliminary diagnosis, determines the methods and possible options for treatment, the consequences of treatment, predicted results, degree of risk, possible complications and informs the patient about this in detail orally.
2.3. Based on the results of the examination, the attending physician determines and verbally and/or in writing agrees with the Patient the scope of services (treatment plan) that will be provided to him.
2.4. Services are provided by the attending physician in the premises, on the equipment and using the materials of the Clinic. Services are provided during the Clinic's working hours in accordance with the Clinic's work schedule.
2.5. The clinic has the right to refuse to provide services to the Patient if the attending physician has detected allergic reactions, contraindications or diseases in the Patient that preclude the safe provision of the service, or if the Patient has acute inflammatory infectious diseases, as well as if the Patient refuses to undergo the necessary diagnostic examination or is in in a state of intoxication.
2.6. To achieve the predicted result of the treatment process, the Patient is obliged to follow all the recommendations of the attending physician. The Clinic is not responsible for the occurrence of unwanted complications in case of non-compliance with the recommendations provided by the Patient and/or non-compliance with the terms of this Agreement.
2.7. The patient is aware of and agrees with the fact that the predicted result of the treatment process may differ from the actual one due to the peculiarities of the patient's body. The clinic bears no responsibility in this case.
Guarantees regarding the quality of dental services.3.1. The quality of dental services is determined by the Clinic's set of actions, which in terms of methods and properties meet the mandatory requirements for such services.
3.2. The clinic provides services in accordance with the methods of diagnosis, prevention and treatment allowed in the territory of Ukraine.
3.3. If the Patient discovers deficiencies in the dental services provided to him, he has the right to contact the Clinic within the warranty period with a demand to eliminate these deficiencies free of charge.
3.4. The clinic undertakes to eliminate free of charge the shortcomings of the provided services, which are discovered during the warranty period, provided that:
- the Patient's compliance with the Clinic's recommendations.
- compliance by the Patient with the rules for using the result of the Clinic's activity (action) (orthopedic, orthodontic structure, restored tooth, etc.).
- the patient's timely appearance at an appointment for continued treatment (if such treatment is long-term).
- attendance by the Patient of scheduled preventive examinations (at least once every 6 months or as prescribed by the Clinic) and professional oral hygiene at the Clinic (at least once every 6 months or as prescribed by the Clinic).
- proper personal hygiene of the Patient's oral cavity.
- the absence of harmful effects at the workplace where the Patient works, happens or resides.
3.5. If the Patient fails to comply with any of the conditions provided for in Clause 3.4 of this Agreement, the Clinic's warranty obligations are terminated, and the Patient loses the right to make claims related to the shortcomings of the service provided during the warranty period.
3.6. The patient loses the right to make claims related to deficiencies in the service provided during the warranty period, and the Clinic does not bear warranty obligations in the event that deficiencies in the provided services are discovered, if these deficiencies were caused by the fault of the patient (injury, physical illness, etc.).
3.7. If, during the provision of services (treatment) or the warranty period, the Patient went to another health care facility and received any service there, without prior written agreement with the Clinic, then the warranty obligations of the Clinic are terminated. At the same time, the Clinic does not reimburse the Patient's expenses for services in other health care institutions.
3.8. Complications and other side effects of medical intervention, which arose as a result of biological features of the Patient's body, the probability of which cannot be completely excluded by available knowledge and technologies, are not defects in the quality of services, if the latter are provided in compliance with all necessary actions and conditions presented to this type of services
3.9. Complications that occurred after the provision of services in case of gross non-compliance (violation) of the Clinic's recommendations by the Patient (regimen, temporary restrictions in the choice of consumption products, taking the necessary drugs, etc.) are not an indicator of inadequate service quality and cannot be grounds for claims against the Clinic.
Cost of services and payment procedure.4.1. The prices for the services provided by the Clinic are determined by the Price List, which the Patient must familiarize himself with. Information on the cost of services is also available in the "Prices" section on the Clinic's website at
https://drs-m.com/en.
4.2. The total cost of the services provided is determined by the Treatment Plan and/or Act(s) of the services provided based on the Price List valid on the day of payment.
4.3. The Clinic reserves the right to unilaterally establish temporary promotions/special offers, under the terms of which the Patient is offered additional benefits, in particular, but not exclusively: a reduction in the cost of individual services (complex of services), the possibility of payment by installments/deferred payment, etc. The list of such special offers, their term of validity, terms of their provision and other features are published on the Clinic's Website in the "Special Offers" section, and may also be notified to the Patient at his request in the Clinic's premises or otherwise brought to the Patient's attention, in particular, by making electronic (using means of telecommunications, e-mail, messengers, social networks) sending information/news from the Clinic.
4.4. After providing the services, the Clinic provides the Patient with an Act of services to be signed, which contains a list of the services provided to the Patient, their price and total cost. By signing this Act, the Patient confirms the fact of providing him with specific dental services, as well as the absence of claims against the Clinic. If the Patient did not sign the Act of services provided and did not provide a reasoned written refusal to sign it, the Clinic sends the Act to the Patient's postal or e-mail address or in another way by using means of communication according to the information provided by the Patient about the means of communication available to him. In this case, the Act of provided services is considered signed and agreed by the Patient and is subject to mandatory payment after the expiry of the 5-day period from the day the Clinic sends the Act of provided services to the Patient.
4.5. Services are paid for by the Patient in accordance with the Act of provided services immediately after each appointment with the attending physician in the amount of the full cost of the provided service, with the exception of the cases provided for in Section 4 of this Agreement. The parties may agree on another payment procedure for the services rendered.
4.6. When providing orthopedic and orthodontic dental services, the patient undertakes to make an advance payment in the amount of 100% of the cost of work on the manufacture of orthopedic (orthodontic) structures. When planning a surgical operation or an implant operation, the Patient undertakes to make a prepayment of 100% of the relevant treatment before the start of the treatment. The parties may agree on another payment procedure.
4.7. Full or partial prepayment of the cost of services (advance payment) is allowed, which will later be included in the total cost of the provided dental services.
4.8. With the consent of the Clinic, partial payment of the cost of services during the time of their provision is possible. In this case, the Patient undertakes to pay the total cost of services no later than the day of completion of the service. In the event that the Patient wishes to postpone the payment of services, he undertakes to conclude an additional Agreement on the postponement / cancellation of payment for services.
4.9. Payment can be made: by cash or non-cash payment through the Clinic's cash desk; by non-cash payment using the Liqpay service (on the basis of the invoice sent to the Patient's e-mail).
4.10. Payment for services can be made with the agreement of the parties with a delay or installments of payment, which the parties specify in the Agreement concluded between them.
Information about services5.1. A detailed list of dental services provided by the Clinic and their cost are contained in the Price List valid at the time of the Patient's application.
5.2. Information about the features and conditions of each individual dental service, the course of treatment, the possible desired result, possible negative consequences is provided to the patient by the attending physician in the Clinic.
5.3. The Clinic may refuse to provide dental services to the Patient if: due to the peculiarities of the Patient's body or health, a certain dental service may have a negative effect on the Patient's health or will not have the desired result; The patient refuses to fulfill/improperly fulfills the conditions, the observance of which is necessary to provide him with dental services in accordance with the requirements of this Agreement, current legislation, rules and instructions in force at the Clinic; The patient does not follow/follows improperly/refuses to follow the recommendations of the attending physician; in other cases stipulated by this Agreement. In this case, the Clinic bears no responsibility for the refusal to provide dental services.
5.4. The patient is aware and agrees that in each individual case of providing dental services, there may be additional risks and conditions that are associated with the particularity of the individual patient's body and his state of health, and may require additional manipulations, examinations, and obtaining tests. In view of this, the Patient is obliged to follow all the instructions of the attending physician. Otherwise, the Clinic is released from responsibility for any negative consequences for the Patient's health and/or material damage (damages) caused due to the Patient's non-compliance with the requirements of the attending physician.
Rights and duties.6.1. The patient has the right:
6.1.1. To receive any type of information related to the competence of the Clinic, which will help the Patient to participate in decision-making regarding his health and the services of the Clinic.
6.1.2. Choose a treating doctor from among the Clinic's medical staff, taking into account his specialization and consent.
6.1.3. Choose the time of the appointment with the attending physician, taking into account the free time in the schedule.
6.1.4. Familiarize yourself with the documents confirming the doctor's qualification and legal capacity of the Clinic.
6.1.5. Refuse to provide services (in this case, payment is made for services actually provided).
6.1.6. For the postponement/instalment of payment for the provided services, subject to the conclusion of the relevant agreement on the postponement/instalment of payment for services.
6.1.7. To pay for the cost of services in installments during the time of their provision, in accordance with the conditions specified in this Agreement.
6.1.8. To make a full or partial advance payment of the cost of services, in accordance with the conditions specified in this Agreement.
6.1.9. Get a statement about the amount of services provided, including the materials used, the state of dental health, etc.
6.1.10. To provide services in conditions that meet sanitary and hygienic requirements.
6.1.11. To keep information about his visits to the Clinic and his state of health confidential. Including information about examination results, diagnoses, treatment methods.
6.1.12. In the event of a change in the scope of services and their approximate cost during the period of their provision, the Patient has the right to choose:
- agree with these changes and their cost;
- refuse the proposed change in the scope of services;
- to terminate the Agreement, having paid in full for the services actually provided before the date of initiating the termination of the Agreement.
6.1.13. If deficiencies in the provided services are detected due to the fault of the Clinic, at its discretion, demand:
- free elimination of defects;
- a corresponding reduction in the cost of services;
- free re-provision of services.
6.2. The patient must:
6.2.1. Get acquainted with the Price List of the Clinic.
6.2.2. Specify reliable data about yourself as a Patient, which are necessary for the provision of services by the Clinic.
6.2.3. In a timely manner, inform the doctor of all the information he needs, including information about your state of health at the time of application, about allergic or unusual reactions to drugs, food, bites, anesthetics, dust, blood diseases, gum and skin reactions, bleeding and other conditions , about unhealthy habits and other information related to the Patient's history or health.
6.2.4. Arrive at the Clinic at the agreed appointment time. If the visit is impossible, the Patient must notify the Clinic in advance in person or by phone.
6.2.5. To pay for the services provided in a timely manner and in full, and in the cases provided for in this Agreement, to make a down payment.
6.2.6. Accurately and completely follow the doctor's recommendations for the effective and safe implementation of the treatment process and to ensure the use of its results for the maximum period of time.
6.2.7. Maintain oral hygiene and undergo a preventive (control) examination at least once every 6 months on the recommendation of the attending physician.
6.2.8. Immediately notify the doctor about changes in the state of health during the course of treatment or after its completion, as a result of taking medicines.
6.2.9. In case of complications, deviations in the treatment process or when defects of fillings, dental prostheses, etc. are detected, during the warranty period, contact the Clinic, without resorting to the help of other health care institutions. Otherwise, the Patient loses the right to warranty service.
6.3. The clinic is obliged to:
6.3.1. Conduct an examination at the Patient's request.
6.3.2. Provide the Patient with reliable and complete information in oral form: about the condition of the oral cavity within the scope of the doctor's specialization, about possible options for treatment, prevention, medications, materials, contraindications, possible complications, temporary discomforts that may arise during or after the provision of dental services, about appointments and recommendations that the patient must follow in order to maintain or achieve the expected result.
6.3.3. Agree verbally with the Patient on the amount of services to be provided, determine the order and terms of their implementation, as well as the preliminary cost.
6.3.4. Provide the Patient with the Price List for perusal.
6.3.5. To provide services in compliance with the requirements allowed on the territory of Ukraine, which are put forward for methods of diagnosis, prevention and treatment.
6.4. The clinic has the right to:
6.4.1. In case of unforeseen absence of the attending physician on the day designated for the provision of the service, offer the Patient another physician from among the Clinic's medical staff.
6.4.2. In case of an unforeseen situation, delay the Patient's appointment or reschedule it for another free time, according to the attending physician's schedule.
6.4.3. Make changes to the Price List at your own discretion.
6.4.4. In the event of situations in which the Patient needs emergency services (emergency/urgent care), independently determine the amount of necessary services.
6.4.5. If the Patient's debt arises, suspend the provision of services until it is fully repaid. If the Patient does not repay the debt within 2 weeks from the date of the debt, the Clinic has the right to terminate this Agreement unilaterally, which does not release the Patient from the obligation to fully pay for the services provided to him.
6.4.6. Refuse to provide services to the Patient if the attending physician has detected allergic reactions, contraindications or diseases in the Patient that preclude the safe provision of the service, or if the Patient has acute inflammatory infectious diseases, as well as if the Patient refuses to undergo the necessary diagnostic examination, is in a state of violation, or does not fulfill/improperly fulfills its obligations under this Agreement and/or recommendations of the attending physician.
Responsibilities of the parties.7.1. The Clinic is responsible to the Patient for non-fulfillment or improper fulfillment of the terms of this Agreement, non-compliance with the requirements for diagnostic, preventive and treatment methods allowed on the territory of Ukraine in accordance with the current legislation of Ukraine.
7.2. The Clinic is not responsible for damage caused to the Patient's health and/or property damage caused as a result of: the Patient's non-appearance or late appearance at the Clinic appointment, control medical examination or professional hygiene; early termination of the Agreement at the initiative of the Patient or at the initiative of the Clinic due to the Patient's failure to fulfill his obligations under this Agreement or the recommendations of the attending physician; as a result of non-reporting, incomplete reporting and/or inaccurate reporting by the Patient of data on his state of health; non-compliance with recommendations regarding the care of the Patient's oral cavity or other recommendations of the attending physician; the Patient's appeal for the provision of Services to another health care institution.
7.3. In case of late/incomplete payment by the Patient for services rendered, the Clinic has the right:
at the Patient's request, agree to the terms of payment postponement/installment by signing the relevant contract and/or
suspend the provision of dental services to the Patient until the Patient makes payment in full in accordance with this Agreement, if this does not harm the Patient's health, and/or
require the Patient to pay for dental services in full within the term determined by the Clinic, and/or
charge the Patient a penalty for late payment in the amount of twice the NBU accounting rate of the cost of dental services for each day of delay, and/or
charge the Patient a fine in the amount of 30% of the amount of the Patient's debt if the Patient is overdue for payment by more than 30 calendar days.
7.4. The Clinic is not responsible in the event that the provision of dental services to the Patient is impossible as a result of certain objective circumstances beyond the Clinic's control, in particular, but not exclusively, the establishment of prohibitions or restrictions on the provision of dental services by state authorities or local self-government in connection with in connection with the introduction of quarantine.
Dispute resolution procedure.8.1. All disputes related to this Agreement, its conclusion or those that arise during the execution of this Agreement shall be resolved through negotiations between the Parties.
8.2. If the dispute cannot be resolved through negotiations, it is resolved in a court of law according to the established jurisdiction and jurisdiction of such a dispute in the manner determined by the legislation in force in Ukraine.
Force majeure circumstances.9.1. The Party is exempted from the responsibility defined by this Agreement and (or) the legislation in force in Ukraine for a full or partial violation of the Agreement, if it proves that such violation occurred as a result of force majeure circumstances defined in this Agreement, provided that their occurrence was certified in the manner determined by this Agreement.
9.2. In this Agreement, force majeure means an event and/or force majeure as a basis for exemption from liability for breach of the Agreement.
9.3. In this Agreement, force majeure means any extraordinary events external to the Parties of a nature that occur through no fault of the Parties, beyond their will or contrary to the will or wishes of the Parties, and which cannot be foreseen, provided that the usual measures are taken for this purpose, and cannot, at all costs care and prudence to avert (avoid), including (but not limited to) natural phenomena (earthquakes, floods, hurricanes, destruction due to lightning, etc.), disasters of biological, technogenic and anthropogenic origin (explosions, fires, failure of machines and equipment , mass epidemics, epizootics, epiphytotic diseases, etc.), introduction of quarantine, state of emergency/martial law, circumstances of public life (war, hostilities, blockades, civil disturbances, manifestations of terrorism, mass strikes and lockouts, boycotts, etc.), as well as issuing prohibitive or restrictive laws regulatory acts of state authorities or local self-government bodies, other legal or illegal prohibitive or restrictive measures of the said bodies, which make it impossible for the Parties to perform this Agreement or temporarily prevent such performance.
9.4. An event in this Agreement means any circumstances that are not considered force majeure under this Agreement, and which are not directly caused by the actions of the Parties and are not causally connected with them, which arise without the fault of the Parties, outside their will or contrary to will or desire of the Parties, and which cannot be foreseen, provided that the usual measures are taken for this purpose, and cannot be averted (avoided) with all care and prudence.
9.5. The failure of the counterparty of the Party that violated this Agreement to fulfill its obligations, the lack of the necessary funds from the Party that violated the Agreement, are not considered cases.
9.6. The occurrence of force majeure must be certified by the Chamber of Commerce and Industry of Ukraine.
9.7. The parties undertake to make maximum efforts to overcome the obstacles caused by force majeure.
Other conditions.10.1. All legal relations that arise in connection with the fulfillment of the terms of this Agreement and are not regulated by it are regulated by the norms of the current legislation of Ukraine.
10.2. This Agreement is concluded from the moment the Patient (his legal representative) signs the Patient's Agreement with the General Terms and Conditions for the provision of paid dental services of the Clinic "Drs. Matyash" (hereinafter - Patient Consent). By signing the Patient Agreement, the patient confirms that he has read and agrees to all the terms of this Agreement.
10.3. The parties have agreed that all documents drawn up in connection with the conclusion and performance of contractual obligations in accordance with these General Terms and Conditions for the provision of paid dental services (including the Act of services rendered, questionnaires, etc.) shall be drawn up in writing and/or electronically. If the document is drawn up in writing, it is certified by the signatures of the parties. If the document is drawn up in electronic form, it is certified by affixing a handwritten signature on the touch screen of an electronic device (tablet) and/or imposing an electronic digital signature. Documents drawn up in electronic form have the same legal force as written documents, are a proper confirmation of the fact they certify, and do not require further reproduction in written form. At the request of one of the parties, a document drawn up in electronic form can be duplicated in written form.
10.4 By agreeing to the General Terms and Conditions for the provision of paid dental services of the Clinic "Drs. Matyash" The patient gives his consent to the production of photo and video materials with his participation, their further processing, preservation, reproduction and use in the activities of the Clinic for the purpose of: quality control of the provision of dental services and improvement of treatment methods, control and monitoring of the patient's health , use for marketing purposes, including public reproduction of such materials, etc.