PUBLIC AGREEMENT FOR THE PROVISION OF MEDICAL SERVICES
Limited Liability Company “Estetyka Zoru” (hereinafter — the “Provider”), which provides paid medical services under a medical practice license, publishes this Public Agreement (hereinafter — the “Agreement”), which constitutes an offer to an unlimited number of individuals (hereinafter — the “Patient”) to receive medical services (hereinafter — the “Services”) under the terms set out below.
This Agreement is a public offer within the meaning of Articles 633, 641, and 642 of the Civil Code of Ukraine. Its terms are uniform for all Patients, and full and unconditional acceptance of its terms (acceptance) creates binding legal relations between the Provider and the Patient.
Publication of this Agreement on the Provider’s official website at https://estetyka-zoru.com constitutes its public announcement.
Acceptance of this Agreement is carried out through actions that indicate the Patient’s agreement with its terms (including, but not limited to, actual request for services or payment for them).
1. TERMS
In this Agreement, terms are used in the following meanings:
1.1. Agreement — this Public Agreement for the provision of medical services, published on the official website of the Provider, which constitutes an offer (public offer) to an unlimited number of persons to receive medical services under the terms set forth herein.
1.2. Provider — Limited Liability Company “Estetyka Zoru”, a medical center providing paid medical services on the basis of a medical practice license issued by the Ministry of Health of Ukraine.
1.3. Patient — a natural person who applies to the Provider for medical services in person or by referral, is the direct recipient of such services, and has accepted the terms of this Agreement.
1.4. Customer — a natural person who orders medical services from the Provider for their own benefit or for the benefit of a third party (the Patient) and acts as the payer under this Agreement. The Customer may simultaneously be the Patient.
1.5. Services (Medical Services) — any medical, consultative, diagnostic, therapeutic, and other services provided by the Provider within its licensed activities on a paid basis, unless otherwise provided by relevant agreements with third parties (for example, agreements with the National Health Service of Ukraine).
1.6. Medical intervention — any medical actions performed by the Provider in relation to the Patient for the purpose of diagnosis, treatment, prevention, or rehabilitation, including examinations, manipulations, procedures, laboratory and instrumental tests, surgical interventions, anesthesia, as well as other related actions that require the Patient’s informed consent under applicable law.
1.7. Website — the official website of the Provider located at https://estetyka-zoru.com, which serves as a means of informing Patients about the content of this Agreement, terms of Services, prices, preparation rules for procedures, and other related information.
1.8. Acceptance — full and unconditional acceptance by the Patient of the terms of this Agreement, which occurs through any of the following actions:
● placing an order for Services;
● payment for Services;
● contacting the Provider to receive Services;
● signing informed consent for medical intervention;
● any other expression of intent indicating acceptance of the Agreement.
1.9. Informed consent — a free and conscious expression of the Patient’s will regarding medical intervention, personal data processing, photo or video recording, transfer of test results, etc., based on prior complete, accurate, and understandable information about the nature of the proposed actions, their consequences, risks, and alternatives. Depending on the type of intervention or purpose of consent, it is оформлено:
● using standardized Form No. 003-6/o as approved by the Ministry of Health of Ukraine;● or in other written forms approved by the Provider.
1.10. Price list — the current list of paid medical services with indicated prices, published on the Provider’s Website and/or at the place where Services are provided, and which forms an integral part of this Agreement.
1.11. Electronic form of the agreement — a form of concluding this Agreement between the Provider and the Patient through actions indicating acceptance of this public offer (acceptance), using electronic means of communication (including website, email, online forms, payment services, etc.). Such an agreement has legal force in accordance with Articles 633, 641, and 642 of the Civil Code of Ukraine and Article 11 of the Law of Ukraine “On E-Commerce,” and is equivalent to a written agreement.
1.12. Rules of patient conduct — internal documents approved by the Provider regulating the procedure for providing medical services, internal operations, patient behavior, conditions for accompanying persons, working hours, restrictions, and other rules mandatory for Patients during their stay at the Provider’s premises.
1.13. Personal data — any information about the Patient that identifies or makes them identifiable, provided to the Provider in connection with receiving Services, including surname, name, patronymic, date of birth, contact details, medical information, examination results, and other data processed by the Provider in accordance with the Law of Ukraine “On Personal Data Protection.”
3. PROCEDURE FOR CONCLUDING THE AGREEMENT
3.1. This Agreement constitutes a public offer in accordance with Articles 633, 641, and 642 of the Civil Code of Ukraine and is deemed concluded from the moment of its acceptance by the Patient and/or Customer, which signifies full and unconditional acceptance of its terms.
3.2. Before using medical services, the Patient is obliged to review the terms of this Agreement, the Provider’s Price List, and the Rules of Patient Conduct at the medical center of LLC “Estetyka Zoru,” which define the internal regulations of the Provider. These documents are available on the Provider’s official website and in publicly accessible areas of the medical center premises (at the reception and/or in the consumer information corner).
3.3. Acceptance of this offer is carried out by the Patient and/or Customer through any of the following actions:
● registration on the Provider’s Website;
● placing an order for Services;
● contacting the Provider to receive Services;
● payment for Services;
● signing informed consent for medical intervention;
● any other expression of intent to use the Provider’s Services.
3.4. This Agreement is concluded in electronic form in accordance with the Law of Ukraine “On E-Commerce.” The written form is considered to be complied with under the requirements of the Civil Code of Ukraine even without signing a separate copy, provided that the terms of this Agreement are accepted by the Patient through the actions specified in clause 3.2 of this Agreement.
3.5. The text of this Agreement is permanently available for review on the Provider’s official Website at https://estetyka-zoru.com. The Provider reserves the right to amend the terms of this Agreement by publishing an updated version on the Website. Changes become effective from the moment of publication, unless otherwise specified in the amended version.
4. RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1. The Provider has the right to:4.1.1. Process the personal data of the Patient and/or Customer during the conclusion and performance of this Agreement in accordance with the Law of Ukraine “On Personal Data Protection.”
4.1.2. Receive from the Patient accurate and complete information necessary for the provision of medical services.
4.1.3. Amend this Agreement, as well as the list of Services, prices, procedures for providing Services, etc., informing the Customer and/or Patient by publishing relevant notices on the Provider’s Website or through any other means the Provider deems appropriate.
4.1.4. Conduct promotions, provide discounts, and grant additional benefits for Services.
4.1.5. Receive payment for Services provided in accordance with the terms of this Agreement.
4.1.6. Independently determine and assign medical staff to provide services to the Patient. The assignment of the attending physician is agreed with the Patient.
4.1.7. Reschedule the provision of Services to another time, taking into account the Patient’s condition or other objective factors.
4.1.8. In case of the unforeseen absence of a doctor, with the Patient’s consent, reschedule the visit or assign another doctor for diagnostics or treatment.
4.1.9. In case of emergencies, unforeseen situations, or complications during medical interventions, independently determine the scope of all necessary and possible measures to eliminate them.
4.1.10. Refer the Patient to other specialized medical professionals, including other healthcare institutions, to clarify the diagnosis and determine the optimal treatment plan.
4.1.11. Carry out photo and/or audio/video recording on the Provider’s premises, including during the provision of Services, and subsequently use anonymized materials for advertising, marketing, educational, and other purposes not prohibited by Ukrainian law.
4.1.12. Record telephone conversations with the Patient.
4.1.13. In case the Patient is more than 10 minutes late for the scheduled appointment, unilaterally reschedule or cancel the provision of Services.
4.1.14. Refuse to provide medical services and/or terminate their provision in case of gross or systematic violation by the Patient of the Rules of Patient Conduct at the medical center, if such actions violate the rights of staff or other patients, create a safety risk, or make proper provision of medical services impossible. In such cases, the medical center has the right to require the Patient to leave the premises, except in cases of emergency medical care.
4.1.15. Not commence (or suspend) the provision of Services in the following cases:
(a) refusal by the Patient to sign informed voluntary consents, complete medical history forms (health questionnaires), or other forms or statements required by the Provider for the provision of Services;
(b) the existence of outstanding payment obligations by the Patient (until such debt is fully repaid);
(c) medical contraindications or the Patient’s failure to provide necessary information, failure to undergo preoperative examinations, or other objective factors preventing service provision;
(d) detection during examination of conditions or diseases that cannot be treated by the Provider due to licensing limitations, staff qualifications, or technical capabilities, or refusal by the Patient to treat such conditions if this prevents service provision;
(e) failure to follow prescribed treatment or treatment schedule;
(f) the Patient being under the influence of alcohol or drugs, or exhibiting aggressive behavior toward the Provider’s staff or other persons on the premises;
(g) failure to provide a referral for examinations (where required by law);
(h) actual impossibility of providing the requested medical service by the medical center.
4.1.16. Require the Patient (or their legal representative) to present an original identity document for identification and verification of authority. In case of refusal or invalid documentation, the Provider has the right to refuse service (except emergency care).
4.1.17. At any time refuse to provide Services (provided that such refusal does not endanger the Patient’s life) in case of non-compliance by the Patient with the terms and/or obligations of this Agreement.
4.2. The Provider is obliged to:4.2.1. Provide Services of proper quality within the terms and conditions specified in this Agreement.
4.2.2. Conduct an initial examination of the Patient at a time agreed with the Patient in order to establish a preliminary diagnosis, determine the scope of necessary treatment, and inform the Patient about the results.
4.2.3. If additional diagnostic methods are required to establish a final diagnosis, perform them, and if such capabilities are not available, inform the Patient and refer them to another healthcare institution or appropriate medical specialist.
4.2.4. Ensure the provision of all necessary and agreed medical Services to the Patient.
4.2.5. Create appropriate and safe conditions for the Patient’s stay at the Provider’s medical center.
4.2.6. Ensure the use of the least painful and most appropriate treatment methods in accordance with medical indications.
4.2.7. Inform the Patient about circumstances that may arise and lead to an increase in the scope of Services, as well as about possible risks and complications that may occur during the provision of Services.
4.2.8. Provide the Patient with medical prescriptions and recommendations after the provision of Services.
4.2.9. Upon the Patient’s request, provide information about the Provider’s working hours, conditions, and procedures for receiving Services.
4.2.10. Maintain strict confidentiality regarding information about the Patient’s health condition, medical examination results, as well as intimate and family aspects of the Patient’s life.
4.2.11. Use only medicines and medical devices approved for use in Ukraine.
4.2.12. Maintain and store medical documentation and reporting in accordance with the requirements of Ukrainian legislation.
6. COST AND PROCEDURE FOR PROVISION OF SERVICES
6.1. Medical Services are provided by the Provider’s штат medical staff using certified medical equipment and medicines and medical devices approved for use in Ukraine.
6.2. The provision of Services is carried out based on the Patient’s Informed Voluntary Consent for diagnostics, treatment, surgical procedures, and anesthesia, which is оформed in the form required by Ukrainian law prior to the provision of the first Service. The Parties agree that signing the Informed Consent is a mandatory precondition for the commencement of medical Services.
6.3. Services are provided by prior appointment, which can be made via phone: +38(073) 051 04 04, +38(068) 051 04 04, +38(075) 051 04 04, through the Provider’s website https://estetyka-zoru.com, or by direct visit to the Provider. The date and time of each Service are agreed between the Provider and the Patient verbally or in writing.
6.4. Based on the initial examination, the attending physician may prepare a treatment plan defining the agreed scope and types of medical services, as well as approximate timelines. Acceptance of the proposed Treatment Plan by the Patient is a necessary condition for performance of this Agreement.
6.5. Appointments are classified as “initial” or “follow-up” according to the Provider’s approved price list. A follow-up appointment is considered a visit to the same physician regarding the same clinical case (diagnosis) within 30 (thirty) calendar days from the date of the initial examination. Any visit after this period, or a visit regarding a different condition/complaint (even within 30 days), is considered an initial consultation and is charged in full.
6.6. The cost of Services is determined based on their scope, complexity, and the Provider’s approved price list valid on the date of service provision. The cost, payment method, and settlement details are specified in the invoice/order. Services are paid by the Patient on the day the invoice is issued.
6.7. Payment for medical Services may be made by:
● cash payment to the Provider’s cashier;
● bank card payment via the Provider’s payment terminal;
● bank transfer (non-cash settlement).
Services paid by bank transfer are provided only upon 100% prepayment.
6.8. The Patient may receive discounts on Services within officially announced Provider promotions in accordance with Ukrainian law.
6.9. If during the provision of Services it becomes necessary to change their scope or composition, the Parties shall agree on such changes and cost adjustment prior to performing additional procedures. If the Patient refuses adjustments that make further safe and proper treatment impossible, the Provider has the right to terminate Services for the respective clinical case (except in life-threatening situations), and the Patient shall pay for the Services already provided.
6.10. If the ordered Service is not provided in full or is provided partially (except in cases where the Patient refuses after the start of provision), the cost of the unprovided part may be refunded within ten banking days.
6.11. Acceptance of medical Services is carried out verbally or, upon request of the Patient/Customer, by signing an Act of Acceptance of Services, prepared by the Provider in two copies.
6.12. If the Patient and/or Customer does not request an Act or submit a written reasoned complaint within 3 (three) calendar days from the date of receiving Services, the Services shall be deemed fully accepted without objections or claims.
7. LIABILITY OF THE PARTIES
7.1. Services are provided by the Provider’s medical staff who meet the unified qualification requirements in accordance with the legislation of Ukraine. Certain types of Services may be provided by different medical specialists of the Provider.
7.2. Services are provided in accordance with applicable healthcare industry standards.
7.3. The quality and safety of the provided Services must comply with the requirements of Ukrainian legislation.
7.4. Quality control of medical care is carried out in cases, procedures, and timeframes established by Ukrainian law.
7.5. The following shall not be considered indicators of improper quality of Services provided by the Provider:
7.5.1. Complications and other side effects of medical intervention arising from the biological characteristics of the Patient’s body, the occurrence of which cannot be fully excluded by current knowledge and technology, provided that the Services were delivered in compliance with all required procedures and conditions applicable to such Services.
7.5.2. Possible discomfort caused by the specifics of medical methods and resulting from the body’s reaction to physical or chemical effects of medications, which resolves within a reasonable period and about which the Patient was informed by the physician.
7.5.3. Complications occurring after the provision of Services in cases where the Patient fails to comply with or violates the physician’s recommendations.
9. TERM OF THE AGREEMENT AND OTHER PROVISIONS
9.1. This Agreement becomes effective from the date of its conclusion and remains valid indefinitely until terminated by either Party in accordance with the procedure established herein. With respect to each individual Patient, this Agreement remains in force until the full completion of the Treatment Plan or until medically justified termination of treatment, and with regard to financial obligations — until full settlement of such obligations.
9.2. Provisions on confidentiality established by the legislation of Ukraine shall remain valid indefinitely.
9.3. All timeframes for the provision of medical Services are individual for each Patient. During the execution of the Treatment Plan, such timeframes are approximate and may change depending on the Patient’s health condition and other objective or subjective circumstances.
9.4. In the event of disputes or disagreements, the Parties shall resolve them through mutual negotiations and consultations.
9.5. If the Parties fail to reach an agreement, disputes shall be resolved in court in accordance with the legislation of Ukraine.
9.6. Minors, underage, or legally incapacitated Patients are admitted only in the presence of their legal representatives (parents (adoptive parents), guardians, custodians, or representatives of institutions or organizations under whose care the person is placed). Such representatives provide consent for the provision of medical Services to the Patients they represent and undertake to comply with the terms of this Agreement.
10. DETAILS OF THE SERVICE PROVIDER
10.1. By concluding (accepting) this Agreement, the Patient grants the Provider consent to collect, process, and use the Patient’s personal data for healthcare purposes, establishment of medical diagnosis, provision of treatment or medical services, to the extent and by means provided by the legislation of Ukraine, as well as consent to the inclusion of such personal data in the Provider’s personal data database.The Provider undertakes to ensure confidentiality and security of the Patient’s personal data during processing. The Provider’s employees shall process the Patient’s personal data solely in connection with the performance of their professional duties and shall not disclose any personal data that has been entrusted to them or became known to them in the course of their duties.
10.2. The Patient consents to the use of their contact details by the Provider for the purpose of communication, including sending medical, informational, and/or promotional messages, including messages that may contain personal and confidential information about the Patient.
The Provider shall not be liable for any risks related to the sending of information or failure to receive such information at the contact details provided by the Patient and/or Customer.
Upon the Patient’s written request, their contact details shall be removed from the mailing list for informational and promotional messages.
10.3. The Patient acknowledges that, for quality control purposes, telephone conversations with the Provider’s staff may be recorded and consents to such recording.
10.4. By accepting the terms of this Agreement, the Patient consents to audio and video surveillance within the Provider’s premises for the purposes of ensuring safety, maintaining public order, controlling the quality of medical services, and protecting the rights and legitimate interests of Patients, employees, and the Provider. The Patient also consents to photo, audio, and video recording involving the Patient during their stay at the medical center, including for the creation, publication, display, reproduction, and distribution of informational, advertising, presentation, and marketing materials of the Provider, in any manner not prohibited by Ukrainian law, provided that maximum anonymization and/or depersonalization of personal data is ensured, and medical confidentiality and personal data protection requirements are respected.
10.5. The Patient acknowledges and agrees that the use of their image and audio/video recordings, as well as public display, reproduction, and distribution of advertising or informational materials containing their image or participation, is free of charge, and agrees not to raise any claims of property or non-property nature against persons who publish or distribute such materials.
10.6. The Patient acknowledges and agrees that the Provider may use data obtained through photo, audio, and video recording in case of disputes, for the purpose of establishing the facts and protecting the Provider’s legal rights and interests, including in law enforcement bodies, courts, and when seeking legal assistance.
10.7. The Patient gives full consent to the processing of their personal data by any means, including but not limited to collection, registration, accumulation, storage, adaptation, modification, updating, use, dissemination (including transfer, distribution, implementation), anonymization, blocking, and destruction of personal data within the Provider’s database.
10.8. The Patient and/or Customer confirms that they have reviewed the terms of this Agreement prior to its conclusion, have voluntarily and without any coercion entered into this Agreement, and undertake to strictly comply with all its terms.