1. GENERAL PROVISIONS
1.1. Dental practice of Smile House Limited Liability Company (hereinafter referred to as the “Contractor”), represented by Director Igor Valeriyevich Krolivets acting under the Charter, based on Articles 633, 641, 644 of the Civil Code of Ukraine, provides medical services to an unlimited number of people, in accordance with the terms of this Standard-Form Contract on Provision of Medical Services (hereinafter - the "Contract")
1.2. In accordance with the provisions of Article 641 of the Civil Code of Ukraine, this document, posted on the Internet at https://wnwdental.com/ru/, is a public offer. In case if an individual (hereinafter referred to as the “Customer”) takes actions indicating acceptance of this offer it shall be binding for the Contractor and this individual.
1.3. For the purposes of this Offer, the following terms are used in the following meanings:
Offer is a public proposal of the Contractor addressed to individuals in accordance with Article 641 of the Civil Code of Ukraine to conclude an agreement on the provision of paid medical services under the terms covered by this Offer.
Acceptance of Offer is full and unconditional acceptance by the Customer of the terms and conditions of the offer through performance of one or more of the following actions: registration of the Customer on the Contractor’s website, order of services for using of the Contractor’s website, beginning of the actual receipt of medical services, paying for medical services or other actions that indicate the Customer’s agreement with the terms of the Contract.
Customer is an individual who receives paid medical services from the Contractor in accordance with the Contract, under the terms covered by this Offer.
The Contractor is the Dental Practice of Smile House Limited Liability Company, which provides paid medical services on the basis of the license obtained from the Ministry of Health of Ukraine for carrying out of economic activities in medical practice, decision on license issuance No. 659 as of October 8, 2015 (Regulatory submission as of February 18, 2019 No.сп / 688) (hereinafter referred to as the "License")
Price list is the current list of Contractor's medical services with indicated prices published at: https://wnwdental.com/en/ceny/, which is an integral part of this Offer.
Services (medical services) is a set of consultative, diagnostic, therapeutic, preventive and rehabilitative measures of different degrees of complexity and purpose, provided by the Contractor under the terms of this Contract. The list of services, their cost and other information about them are presented on the Contractor's website and directly on the spots where the Contractor runs business.
Contractor’s website is the Contractor’s website on the Internet, at: https://wnwdental.com/en/.
Parties is the joint name of the Customer and the Contractor with simultaneous mention in this Contract.
1.4. To accept the offer means that the Customer agrees with all the provisions of this proposal, and is equivalent to the conclusion of the Contract.
1.5. The validity period of this offer shall be set from June 1, 2020 for the entire period of the Contractor’s license for medical practice.
1.6. In case of the conclusion between the Customer and the Contractor of a private-law (individual) contract on the provision of medical services, the terms of the private-law contract shall prevail.
1.7. The information on the website is a soft law. For additional prescriptions and treatment, users of the site should visit their doctor.
2. SUBJECT OF THE CONTRACT
2.1. The Contractor undertakes, during the term of the Contract, to provide the Customer with medical services in accordance with the types of medical activities specified in the License, at a price according to the Price List, and the Customer shall be obliged to pay for these services
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor shall be obliged:
3.1.1. To provide the Customer with free, affordable, reliable information about the procedure and terms of paid medical services provision
3.1.2. Timely and efficiently, to render services in accordance with the terms of this Contract and in compliance with the requirements of the current legislation of Ukraine
3.1.3. In accordance with the requirements of the current legislation of Ukraine, to keep secret about the Customer’s health status, the fact of help-seeking behavior, diagnosis, as well as other information received by the Contractor in the course of medical services provided to the Customer, other than as required by law.
3.2. Contractor shall be entitled:
3.2.1. To suspend the provision of services under the Contract unilaterally and without judicial procedures in case if Customer breaches the obligations assumed in accordance with the Contract
3.2.2. Deny provision of medical services to the Customer:
188.8.131.52. When the provision of such services is not provided for by the medical specialties specified by the Contractor, according to the information submitted to the Ministry of Health of Ukraine;
184.108.40.206. If the Contractor does not have the necessary specialists, equipment, inventory, or technical capabilities to provide the required medical services;
220.127.116.11. In case of detected at the Customer disease, the treatment of which is possible only in specialized healthcare institutions;
18.104.22.168. If the provision of medical services, in the opinion of the Contractor’s specialist, is associated with an unjustified risk of harm to health or threatens the life of the Customer;
22.214.171.124. If the provision of such services can lead to a deterioration in the Customer’s health status with a high degree of probability.
3.3. Customer shall be obliged:
3.3.1. By the time of provision of medical services, to inform the Contractor of all information about previous and existing diseases, known contraindications to the use of any drugs or procedures, possible allergic reactions, individual characteristics of the body.
3.3.2. To fulfill all medical advice, prescriptions, and recommendations of the Contractor’s specialists providing medical services under this Contract.
3.3.3. To pay for the rendered by the Contractor services in the manner, terms and conditions specified in this Contract.
3.4. Customer shall be entitled:
3.4.1. To receive complete information about the Contractor, the scope and content of the provided by the Contractor services.
3.4.2. To repudiate the Contract in the manner prescribed by the current legislation of Ukraine.
4. COST OF SERVICES AND PROCEDURE OF SETTLEMENTS
4.1. The cost of services under this Contract shall be determined in accordance with the Contractor's Price List applicable at the time of the Customer’s request.
4.2. Services shall be provided to the Customer on a full payment basis.
4.3. The Contractor's services shall be paid for in cash or by means of bank transfer.
4.4. Set by the Contractor prices may be changed by him at any time. New prices come into force from the moment they are published on the Contractor’s website, unless another deadline for the entry of new prices into force is additionally determined upon publication.
4.5. In case if the Customer refuses to receive actually paid medical services, but not less than 6 (six) hours prior to the beginning of their actual provision, funds shall be returned to the Customer in the manner prescribed by this Contract. In case if the Customer refuses to receive actually paid medical services within less than 6 (six) hours before the actual provision of services, funds shall not be returned to the Customer.
4.6. The refund shall be realized on the basis of a written Customer’s application, in which the Customer should indicate his passport data and add a copy of the passport and a check or receipt herewith. In case of the absence of a check or a receipt, the Contractor has the right to deny refunding to the Customer of money paid in fulfillment of this Contract. The refund period is within 5 (five) banking days from the date when the Contractor receives the refund request.
5. LIABILITY OF THE PARTIES
5.1. The Contractor shall not bear any responsibility for the results of the provided medical services in cases of non-compliance by the Customer with recommendations related to treatment and other actions in furtherance of the Customer’s health deterioration.
5.2. The Contractor shall not be liable if, prior to the provision of the medical service, the Customer has not fulfilled the obligation to inform the Contractor’s specialist about previous disease, allergic reactions, contraindications, if inefficiency of the provided medical service or any harm was the result of unavailability of such information at the Contractor.
5.3. In the event of impossibility to provide medical services that arose due to circumstances for which neither party is liable, the Customer shall reimburse the Contractor for the expenses actually incurred by the latter, and the Contractor shall return to the Customer the rest of unexpended funds paid-in as an advance payment.
5.4. In the event of impossibility to provide medical services that arose due to the Customer’s fault, the services shall be paid by the Customer in full and shall not be refunded, subject to clause 4.5. of the Contract.
5.5. The Contractor shall not be liable for the disclosure of information provided by the Customer when using the Contractor's website, if such disclosure occurred due to the circumstances that were not dependent on the Contractor’s will and could not have been warned by him (in particular, as a result of hacker attacks, data interception from the Contractor’s website, placement of confidential information by the Customer on external information resources and/or websites, etc.)
5.6. The Parties shall be exempted from liability for non-performance or improper performance of their obligations under this Contract if this non-performance was the result of force majeure circumstances arising after the conclusion of this Contract, and which the party could not avoid and foresee. The Parties shall consider the following as such circumstances: natural disasters (storms, cyclones, earthquakes and other natural and climatic phenomena); war and hostilities, riots, strikes, protests; technological factors (absence of electricity, damaged equipment, emergencies, fire, etc.), actions or inaction of state bodies and local authorities, changes in the legislation governing the legal relations of the Parties under the Contract, and other circumstances that impede the fulfillment by the Parties of their contractual obligations and which are not subject to their control
5.7. In the event of circumstances specified in clause 5.6. of this Contract, the Party for which they occurred is obliged to notify the other Party in writing within seven days from the date of their occurrence. Document issued by the Chamber of Commerce and Industry of Ukraine or another authorized body in the manner prescribed by law shall be a proper confirmation of the occurrence and duration of force majeure.
5.8. In other cases, the Parties shall bear responsibility in accordance with the current legislation of Ukraine.
6.1. The Contract comes into force from the moment of acceptance of the offer by the Customer.
6.2. Each Party is obliged to ensure strict confidentiality regarding information received from the other Party when concluding and fulfilling the terms of this Contract. Release of this information to third parties, its publication or disclosure in any other way may take place only under the written agreement between Parties, regardless of the reasons and date for termination of the Contract, unless authorized by applicable law of Ukraine
6.3. The parties agreed on recording phone conversations and the possibility of referring to them in case of disputes, as well as when resolving conflict situations under the Contract.
6.4. The Contractor puts in maximum possible efforts so that the information posted on this site is up to date and useful at the time of its publication, and shall not be responsible for the use of this information as a result of possible inaccuracies, errors and omissions. The Contractor bears no material and other liability for intentional or unintentional damage that may arise as a result of using information posted on the Contractor's website, which may cease to be relevant, incomplete, contain technical or grammatical inaccuracies. The Contractor has the right to make changes and amendments to the services of the Contractor and other information posted on the Contractor’s website without prior notice. Website visitors can click on hyperlinks to external information resources and/or websites. Hyperlink placements do not imply any relationship between the Contractor and external resources. The Contractor does not bear any responsibility for the content, correctness, legality and reliability of information posted on external resources