APPROVED
by individual entrepreneur
Miroslava Myronivna Novosilska
Revised on July 20, 2026
PUBLIC AGREEMENT (OFFER)
for the Provision of Medical Services
The trade name “Miroslava Novosilska’s Aesthetic Medicine Clinic” is used to identify the location and organization providing the services and is not an independent legal entity. The party to this Agreement and the service provider is the individual entrepreneur Miroslava Myronivna Novosilska.
Individual entrepreneur Myroslava Myronivna Novosilska, taxpayer identification number 3109105100, state registration date: May 27, 2020, entry number in the Unified State Register of Legal Entities, Individual Entrepreneurs , Individual Entrepreneurs, and Public Organizations 2415000000109116 (hereinafter referred to as the “Contractor”), on the one hand, and the Individual to whom medical Services are provided, acting personally or, in cases provided for by the legislation of Ukraine, through their Legal Representative (hereinafter referred to as the “Patient”), as well as, if applicable, a natural or legal person who orders and/or pays for the Services on behalf of the Patient (hereinafter referred to as the “Ordering Party/Payer”), within the scope of its obligations, on the other hand, collectively referred to as the “Parties,” and each separately – “Party” – enter into this Public Agreement (Offer) for the Provision of Medical Services (hereinafter referred to as the “Agreement”) under the following terms and conditions.
1. GENERAL PROVISIONS AND LEGAL STATUS OF THE AGREEMENT
1.1. This document constitutes a public offer by individual entrepreneur Myroslava Myronivna Novosilska, hereinafter referred to as the “Contractor,” addressed to an unlimited number of persons, to enter into a public contract for the provision of medical services under the terms and conditions set forth herein.
1.1.1. Upon full and unconditional acceptance of this offer, a public contract is concluded between the Contractor and the Patient, which simultaneously constitutes a contract of adhesion within the meaning of Articles 633, 634, 641, 642, and 901 of the Civil Code of Ukraine.
1.2. The general terms of this Agreement are uniform for all Patients, except in cases where benefits provided for by law are granted, as well as in cases where publicly announced discounts, promotions, loyalty programs, and special offers are applied under terms that are uniform for the relevant category of persons.
1.2.1. The type, scope, method, duration, and cost of specific Services may be determined on a case-by-case basis depending on the Patient’s health condition, medical indications and contraindications, the chosen treatment plan, the actual scope of Services required, and the Provider’s current Price List.
1.3. The Contractor shall not have the right to unreasonably refuse to enter into or perform this Agreement if it is possible to provide the relevant Service properly and safely. Refusal to provide a scheduled Service, its termination, or rescheduling are permitted in the cases provided for in Section 5 of this Agreement and by the laws of Ukraine.
1.4. The Contractor conducts medical practice activities pursuant to a license, the issuance of which was authorized by Order No. 748 of the Ministry of Health of Ukraine dated April 19, 2021, under item 49 of the List of License Applicants; registration dossier No. 1231/21/M dated March 24, 2021.
1.5. Medical Services are provided exclusively at the locations where medical practice is conducted, in the specified specialties, and using the material and technical resources, details of which have been duly submitted to the licensing authority, by medical professionals who possess the necessary education, specialization, and qualifications.
1.6. The Services may be provided by the Contractor personally and/or by medical professionals who are employed by the Contractor and act within the scope of their professional competence. The provision of Services by such professionals does not alter the Contractor’s status as a party to this Agreement.
1.7. This Agreement governs exclusively the relationship regarding the provision of medical Services by the Service Provider. Services provided by other independent business entities are not covered by this Agreement and are provided under separate agreements. Information about the provider of a specific service is communicated to the patient prior to the patient’s order and payment.
1.8. The current version of the Agreement is posted on the Website and may also be posted at the location where the Services are provided. The Patient is given the opportunity to review the Agreement prior to its acceptance.
1.9. In the event of a conflict between the provisions of this Agreement and the mandatory provisions of Ukrainian law, the relevant provisions of Ukrainian law shall apply. The invalidity or inapplicability of any individual provision of this Agreement shall not render the other provisions invalid.
2. TERMS AND DEFINITIONS
2.1. Acceptance – full and unconditional acceptance of the terms of this Agreement by performing the actions specified in Section 3 of the Agreement.
2.2. Contractor – Myroslava Myronivna Novosilska, an individual entrepreneur who is a party to this Agreement and provides medical Services within the scope of her license to conduct business activities in the field of medical practice.
2.3. Clinic – a commercial designation for the location and organization providing the Services. The term “Clinic” does not refer to a separate party to this Agreement and does not alter the identity of the Contractor.
2.4. Patient – an individual who has sought a medical Service and/or to whom such a Service is provided.
2.5. Client/Payer – an individual or legal entity that orders and/or pays for the Services on behalf of the Patient and becomes a party to this Agreement with respect to the organizational and financial obligations it has assumed. Ordering or paying for the Services does not entitle the Client/Payer to receive medical information about the Patient without a separate legal basis.
2.6. Legal Representative – a father, mother, adoptive parent, guardian, custodian, or other person who, in accordance with the laws of Ukraine, has the right to represent the Patient’s interests and whose authority has been duly confirmed.
2.7. Service(s) – a medical service or a set of medical services provided by the Provider to the Patient within the scope of the Provider’s license, the declared locations of medical practice, and the specialties and professional competence of the Provider’s medical staff.
2.8. Specialist – a healthcare professional employed by the Contractor who possesses the necessary education, specialization, and qualifications and acts within the scope of their professional competence.
2.9. Price List – the current list of the Contractor’s Services and their costs or the procedure for determining such costs, which is made known to the Patient and/or the Client/Payer prior to ordering or paying for the Service.
2.10. Treatment Plan – recommendations developed by a Specialist and documented in the medical records regarding the scope, method, sequence, and estimated timeline for the provision of Services, which may be adjusted based on the Patient’s health status, test results, and clinical progression.
2.11. Informed voluntary consent – the voluntary expression of will by the Patient or his or her Legal Representative regarding the performance of a specific medical intervention after receiving, in an accessible form, information about its purpose, nature, method, possible alternatives, risks, complications, and expected outcomes.
2.12. Appointment – the agreed-upon date, time, location, and format of a visit or procedure.
2.13. Reservation Fee – a pre-agreed portion of the advance payment made to confirm the Appointment and reserve the Specialist’s time and the Contractor’s organizational resources. The procedure for crediting and refunding this fee is set forth in Section 8 of this Agreement.
2.14. Rules of Conduct – mandatory rules established by the Contractor regarding conduct, safety, sanitary and anti-epidemic measures, and conduct at the location where the Services are provided, which visitors are given the opportunity to review.
2.15. Website – the website located at: https://novosilskaclinic.com/.
2.16. Official Communication Channels – the phone number, email address, messaging service, web form, and other contact information published by the Provider on the Website or communicated directly by the Provider to the Patient.
3. PROCEDURE FOR ENTERING INTO AND ACCEPTING THE AGREEMENT
3.1. The Agreement is entered into upon the full and unconditional acceptance of this public offer by the Patient or, in cases provided for by the laws of Ukraine, by the Patient’s Legal Representative. The Customer/Payer becomes a party to the Agreement with respect to the organizational and financial obligations it has assumed.
3.2. Acceptance of the Agreement occurs when a person, after being given the opportunity to review the current version of the Agreement, performs any of the following actions:
3.2.1. placing an electronic checkmark confirming that the User has read and agrees to the terms of the Agreement when creating a Reservation through the Website;
3.2.2. sending an electronic message through the Official Communication Channel that explicitly confirms acceptance of the terms of the Agreement;
3.2.3. making full or partial payment for the Service;
3.2.4. signing an application, order, or other document that references this Agreement and confirms acceptance of its terms;
3.2.5. The actual commencement of the Service occurs after the individual has been given the opportunity to review the Agreement and has been notified that the commencement of the Service constitutes acceptance thereof.
3.3. The Agreement is deemed concluded upon the performance of the action provided for in Section 3.2 of this Agreement and does not require the Parties to subsequently sign a separate paper copy, except in cases established by law or agreed upon by the Parties.
3.4. Silence, the absence of objections, or a verbal request for information about the Services does not in and of itself constitute acceptance of the Agreement.
3.5. The Contractor shall ensure that the current version of the Agreement is available for review prior to placing an order, making a payment, or commencing the provision of the Service. If an order is placed electronically, the Contractor shall confirm receipt of the order via email or by another available means.
3.6. Acceptance of this Agreement does not replace informed consent for a specific medical procedure, nor does it replace separate consent for photography or videography, the use of images, the sending of promotional messages, or other expressions of will, which, in accordance with the law, must be specific and voluntary.
3.7. For patients under the age of 14, the Agreement is entered into and consent to medical intervention is provided by their legal representative. A patient who has reached the age of 14 personally gives consent to medical intervention; the patient’s conclusion of the Agreement and assumption of financial obligations are carried out within the limits of the patient’s legal capacity, and in other cases – with the participation or consent of the legal representative.
3.8. The person who accepts the Agreement on behalf of the Patient is required, at the Contractor’s request, to present documents confirming his or her authority. Until such authority is confirmed, the Contractor has the right to postpone the provision of the scheduled Service.
4. SUBJECT MATTER OF THE AGREEMENT
4.1. The Contractor undertakes, upon request by the Patient, the Patient’s Legal Representative, or the Client/Payer, to provide the Patient with one or more medical Services within the scope of its license and in accordance with the laws of Ukraine, and the person who has assumed the corresponding financial obligation undertakes to pay for the Services under the terms of this Agreement.
4.2. The specific Service and its cost are determined in accordance with the agreed-upon Record or order and the current Price List. The method, scope, and sequence of providing the Service are determined by the Specialist in accordance with Section 5.3 of this Agreement.
4.3. The scope and sequence of the Services may be modified depending on the Patient’s health condition, clinical progression, test results, individual physiological response, and other medically relevant circumstances.
4.4. Changes that involve the provision of additional paid Services or an increase in the previously agreed-upon cost shall be made only after they have been agreed upon with the Patient and/or the Client/Payer. Services provided without such agreement do not give rise to an obligation to pay for them, except in cases expressly provided for by law.
5. PROCEDURE FOR ORGANIZING AND PROVIDING SERVICES
5.1. Services are provided primarily by appointment during business hours, as published on the Website or communicated to the Patient. Certain Services may be provided without an appointment if organizational circumstances permit.
5.2. When making an appointment, the Patient must provide accurate contact information, the selected service or the purpose of the visit, as well as the information necessary to determine the format of the appointment.
5.3. The feasibility of providing a specific Service, as well as the method, scope, and sequence of its provision, are determined by the Specialist based on the results of an assessment of the Patient’s health condition, taking into account medical indications and contraindications. A prior appointment for a Service does not constitute an unconditional basis for its provision.
5.4. The Provider has the right to request the presentation of a document verifying the identity of the Patient or their Legal Representative, as well as medical documents necessary for the proper and safe provision of the Services. Documents may be copied only if there is a legitimate purpose and only to the extent strictly necessary.
5.5. The patient is required to arrive at the agreed-upon date and time. In the event of a delay, the Service Provider has the right to provide the Service to the extent that it can be properly and safely performed within the remaining time, or to reschedule the Service for another date.
5.6. The Patient must notify the Provider of any cancellation or rescheduling of an appointment no later than 24 hours before the agreed-upon time. For Services requiring the individual ordering of medications, medical devices, or supplies, a different timeframe may be established, of which the Patient will be notified prior to making the advance payment. The financial consequences of a no-show or late cancellation of an Appointment are set forth in Section 8.8 of this Agreement.
5.7. The Service Provider has the right to reschedule or cancel the provision of the Service in the event of a Specialist’s temporary absence, equipment malfunction, lack of necessary medications, medical devices, or supplies, a power outage, an air raid alert, a security threat, or other circumstances that objectively prevent the proper provision of the Service. In such a case, the Patient will be offered an alternative available time or, with the Patient’s consent, another Specialist with the appropriate qualifications.
5.8. The Provider has the right to postpone the provision of a scheduled Service or to refuse to provide it in the following cases:
5.8.1. lack of medical indications, presence of contraindications, risk of harm to the Patient’s life or health, or the need for medical care of a different type or level;
5.8.2. the Patient’s failure to provide complete and accurate information or documents necessary for the proper and safe provision of the Service;
5.8.3. the Patient’s refusal to undergo a necessary examination, to complete the documents required by law, or to provide informed voluntary consent;
5.8.4. the Patient being under the influence of alcohol, drugs, or other intoxicating substances, or in any other condition that prevents the Patient from making an informed decision or from the safe provision of the Service;
5.8.5. the Patient’s failure to comply with medical instructions, rules for preparing for the Service, or the prescribed regimen, if this prevents the proper or safe provision of the Service;
5.8.6. behavior by the Patient that poses a threat to the Patient or others, hinders the provision of medical care, or constitutes a material or repeated violation of the Rules of Stay;
5.8.7. a request to provide the Service in violation of Ukrainian law, medical indications, or applicable industry standards in the healthcare sector;
5.8.8. failure to fulfill the obligation to pay for the Service, the Reservation Fee, or failure to settle any outstanding debt to the Provider in accordance with Section 8 of this Agreement.
5.9. If the provision of the Service has already begun, its suspension or termination is permitted, taking into account the nature of the medical intervention, the Patient’s condition, and the need to ensure the Patient’s safety.
5.10. Refusal to continue treating a Patient due to failure to comply with medical instructions or the Rules of Stay is permitted provided that this does not endanger the Patient’s life or public health.
5.11. The Service Provider is not an emergency medical service provider. In the event of a medical emergency while the Patient is at the location where the Services are provided, medical personnel will act within the scope of their authority and ensure that emergency medical services are called. In all other cases, the Patient must immediately call 103 or 112.
6. ONLINE CONSULTATIONS AND REMOTE COMMUNICATION
6.1. Certain consultation services may be provided remotely via telemedicine, provided that this is permitted by Ukrainian law, the nature of the inquiry, technical capabilities, and the Specialist’s professional judgment.
6.2. Online consultations have limitations due to the absence of a direct physical examination, palpation, instrumental diagnostics, or other tests. The specialist may recommend an in-person appointment or additional tests, or may decline to provide a remote diagnosis if the information provided is insufficient.
6.3. The patient is responsible for the quality and completeness of the photos, videos, test results, descriptions of symptoms, and other information provided. Recommendations are based on the information available at the time of the consultation and may be revised following an in-person examination or upon receipt of additional data.
6.4. Online consultations are not intended for medical emergencies. In the event of a sudden deterioration in health, the Patient must immediately seek emergency medical care or go to the nearest healthcare facility.
6.5. The fact that an online consultation was provided may be confirmed by an entry in the medical records, technical data from the communication system, correspondence, recommendations provided, an invoice, and other admissible evidence.
6.6. Online consultations for patients located outside Ukraine are provided in accordance with Ukrainian law. The Service Provider does not guarantee that recommendations, prescriptions, or other medical documents issued in accordance with Ukrainian law will be recognized or usable outside Ukraine.
7. INFORMED CONSENT AND MEDICAL RECORDS
7.1. Prior to the application of diagnostic, preventive, and therapeutic methods, the Specialist shall provide the Patient – and, in cases established by law, the Patient’s legal representative – with accessible information regarding the Patient’s health condition, the purpose, nature, and method of the medical intervention, possible alternatives, risks, complications, and anticipated outcomes.
7.2. Medical procedures are performed after obtaining the informed, voluntary consent of the Patient or his or her legal representative in the form and manner prescribed by Ukrainian law.
7.3. For injection, laser, device-based, surgical, and other medical procedures that are invasive in nature or involve an increased risk, a separate informed consent form is prepared, specifying the details of the procedure, its contraindications, risks, and possible complications.
7.4. The patient or his or her legal representative has the right to refuse medical intervention or to withdraw previously given consent. The fact of the refusal, the explanations provided, and the possible consequences are recorded in the medical records.
7.5. Medical intervention without the consent of the patient or his or her legal representative is permitted only in the cases and in accordance with the procedures provided for by Ukrainian law.
7.6. The Service Provider maintains and stores medical records in paper and/or electronic form in accordance with the requirements of Ukrainian law. Access to medical information and copies of documents is granted to the Patient, his or her legal representative, or a duly authorized person after their identification and confirmation of the relevant authority.
8. COST OF SERVICES AND PAYMENT PROCEDURES
8.1. The cost of the Services is determined in accordance with the Contractor’s Price List in effect at the time the Appointment is confirmed, and in the case of Services provided without a prior Appointment, at the time the provision of such Services is agreed upon with the Patient and/or the Client/Payer.
8.2. If the cost of the Service depends on the type or quantity of a drug, medical device, or material; the treated area or surface area; the duration of the procedure; the number of pulses, units, grafts, milliliters, or the actual scope of the medical intervention, the final cost shall be determined based on the actual agreed-upon scope of the Service. The estimated cost or the method for calculating it shall be communicated prior to the commencement of the Service.
8.3. The provision of additional paid Services or an increase in the previously agreed scope of the Service shall be carried out only with the consent of the Patient and/or the Client/Payer. Services provided without such consent do not give rise to an obligation to pay for them.
8.4. The Service Provider has the right to amend the Price List for future orders. Price changes do not apply to Services that have been paid for in full or agreed upon at a fixed price, except in cases where the scope of the Service is changed with the Patient’s consent.
8.5. The cost of the Services is determined and paid in hryvnia. The foreign currency equivalent listed in the Price List is for reference purposes only, and the amount due is determined in hryvnia based on the official exchange rate of the National Bank of Ukraine as of the date of payment.
8.6. Payment shall be made in cash, via electronic payment, by bank transfer, or by any other method not prohibited by law. The Contractor shall provide a payment document in the form prescribed by law.
8.7. Services shall be paid for in advance, on the day they are provided, or by another deadline agreed upon by the Parties. To confirm an Appointment, reserve a Specialist’s time, or order medications, medical devices, or supplies, the Contractor has the right to require an advance payment, a portion of which may be designated as a Reservation Fee. The amount and terms of such payment shall be communicated and agreed upon prior to payment. If the Service is provided, the Reservation Fee shall be credited toward its cost.
8.8. If the Patient fails to attend an Appointment, or if the Appointment is canceled or rescheduled less than 24 hours before the agreed-upon time, the pre-agreed Reservation Fee will not be refunded or transferred to another Appointment. The Service Provider also has the right to retain the documented direct actual expenses incurred in preparation for providing the relevant Service, to the extent not covered by the Reservation Fee.
8.9. In the event of cancellation of Services that have not been provided, the Payee shall be refunded the unused portion of the advance payment, less the cost of the Services actually provided, the reservation fee in the cases provided for in Section 8.8 of this Agreement, and the Contractor’s documented direct actual expenses not covered by such fee.
8.10. If a Service is not provided for reasons attributable to the Contractor, the Patient will be offered the option to reschedule the appointment or will be refunded the unused portion of the advance payment.
9. CONFIRMATION OF SERVICE PROVISION AND SERVICE QUALITY ASSESSMENT
9.1. The fact, content, and scope of the Services provided shall be confirmed by medical documentation, records in the Contractor’s accounting system, billing documents, electronic correspondence, and other appropriate and admissible evidence. The preparation of a separate report on the services provided is not mandatory, unless otherwise agreed by the Parties or required by the nature of the Service.
9.2. In the event of an adverse reaction, complication, or other circumstance that may be related to the Service provided, the Patient is obligated to notify the Provider without undue delay and, upon the Provider’s reasonable request, to attend a follow-up examination. A delay in reporting such an event will be taken into account when determining the causes of the condition in question, but does not deprive the Patient of the rights provided for by Ukrainian law.
9.3. The quality of the Services is determined based on the Contractor’s compliance with the requirements of Ukrainian law, applicable standards of medical care, clinical protocols, the terms of this Agreement, and the appropriateness of the Specialist’s professional actions under the specific circumstances.
9.4. The mere fact that the therapeutic or aesthetic result expected by the Patient is not achieved does not, in and of itself, constitute evidence of inadequate quality of the Service, provided that the Service was rendered properly, in accordance with medical indications and the agreed scope.
9.5. The existence of defects in the Service, the causes of an undesirable outcome, and the causal link shall be established on the basis of medical records, an examination of the Patient, test results, and, if necessary, the opinion of a competent specialist or expert. If it is confirmed that the Service was provided improperly, the legal consequences provided for by Ukrainian law and this Agreement shall apply.
10. PATIENT RIGHTS
10.1. Before ordering a Service, the patient has the right to receive accessible, accurate, and timely information about the Provider, the Service, its cost, the terms of provision, and the payment procedure.
10.2. The patient has the right to timely, professional, and safe medical services of appropriate quality in accordance with Ukrainian law.
10.3. The patient has the right to choose a physician, provided that the physician in question is able to provide the necessary medical care and that it is organizationally feasible to agree on a replacement physician, as well as to select treatment methods in accordance with the physician’s recommendations.
10.4. The patient has the right to receive accessible and accurate information about their health condition, the purpose, methods, alternatives, risks, and possible consequences of medical intervention, to ask questions, and to receive appropriate explanations.
10.5. The patient has the right to give or withhold informed, voluntary consent, to refuse medical intervention, or to revoke previously given consent, except in cases provided for by law.
10.6. The patient has the right to respect for dignity and privacy, the preservation of medical confidentiality, the confidentiality of medical information, and the protection of personal data.
10.7. The patient has the right to review medical records pertaining to his or her health and to receive copies thereof in accordance with the procedures and within the limits established by Ukrainian law.
10.8. The patient has the right to submit statements, complaints, and claims to the Service Provider and to use the legal remedies provided by law to protect his or her rights.
11. PATIENT OBLIGATIONS
11.1. Prior to and during the provision of the Services, provide the Contractor with complete, accurate, and up-to-date information regarding your health status, established diagnoses, past illnesses and medical procedures, allergic reactions, individual intolerances, pregnancy or lactation, medication use, and other circumstances that may affect the feasibility and safety of providing the Services.
11.2. Immediately notify the Specialist of any change in health status, deterioration in well-being, or other significant circumstances that arise before or during the provision of the Service.
11.3. Follow the Specialist’s medical instructions and recommendations, adhere to the rules for preparing for the Service, the prescribed regimen, and post-procedure care, and attend scheduled follow-up examinations on time.
11.4. Do not alter the prescribed treatment on your own, and do not use any medications, procedures, or care products that could affect the course of treatment, your health, or the outcome of the Service without consulting a Specialist.
11.5. Comply with the Rules of Stay, sanitary and anti-epidemic requirements, safety and civil defense measures; comply with the lawful requests of the Contractor’s employees; do not obstruct the provision of medical care; and do not pose a threat to others.
11.6. Respect the rights, dignity, and privacy of employees and visitors; do not take or distribute photographs, videos, or audio recordings of other individuals or information subject to restricted access without a valid legal basis.
11.7. Failure to provide information or the provision of inaccurate information, failure to follow medical instructions, unauthorized changes to treatment, or violations of the prescribed regimen shall be taken into account when determining the causes of adverse outcomes and the extent of the Parties’ liability. The Provider shall not be liable for consequences caused by such actions or inactions on the part of the Patient, provided that the Provider is not at fault.
12. RIGHTS OF THE SERVICE PROVIDER
12.1. To receive from the Patient, his or her Legal Representative, and/or the Client/Payer the information and documents necessary to identify the individual, assess his or her health status, and provide the Services properly and safely.
12.2. Organize the provision of Services and assign a Specialist based on the type of Service, the Specialist’s field of expertise, qualifications, and schedule, if the Patient has not selected a specific doctor. If the selected doctor is unavailable, offer another Specialist with the appropriate qualifications or an alternative appointment time.
12.3. Determine, based on a professional medical opinion, the indications, contraindications, method, scope, and sequence of the Services, and adjust the treatment plan in accordance with the Patient’s health status, test results, and clinical progression.
12.4. To require the Patient to comply with medical instructions, pre-procedure guidelines, and post-procedure protocols, and, in the event of noncompliance, to postpone, suspend, or refuse to provide the scheduled Service in accordance with the procedures set forth in Section 5 of this Agreement and the laws of Ukraine.
12.5. Engage individuals to provide organizational and technical support for the delivery of the Services, subject to compliance with the requirements regarding medical confidentiality, privacy, and the protection of personal data.
12.6. Receive payment for the Services provided and reimbursement for previously agreed upon and documented actual expenses in accordance with the procedure set forth in Section 8 of this Agreement.
13. CONTRACTOR’S OBLIGATIONS
13.1. To provide the Services properly, professionally, and safely, within the scope of the license, medical indications, the agreed-upon scope of services, and the professional competence of medical personnel, in accordance with the laws of Ukraine, the Licensing Conditions, and applicable healthcare standards.
13.2. Ensure that the Services are provided by appropriately qualified healthcare professionals using approved medications, medical devices, consumables, and equipment.
13.3. Prior to the commencement of the Service, provide the Patient with the information required by law regarding the Service, its cost, and potential risks, and obtain informed, voluntary consent for medical intervention in the cases and in the manner prescribed by law.
13.4. Maintain and store medical records; ensure compliance with medical confidentiality, the confidentiality of medical information, and the protection of personal data in accordance with the laws of Ukraine.
13.5. Review requests and complaints in accordance with the procedures established by this Agreement and the laws of Ukraine, and take appropriate measures based on the circumstances and the legal consequences provided for by law.
14. MEDICAL PRIVILEGE AND CONFIDENTIALITY
14.1. Information regarding the fact that the Patient has sought medical care, the Patient’s health status, diagnosis, examinations performed and their results, treatment methods, intimate and family matters, as well as other information obtained in connection with the provision of the Services, constitutes medical confidentiality and is confidential information.
14.2. Access to information constituting medical confidentiality shall be granted to the Contractor’s employees and third parties solely to the extent necessary for the performance of their professional or contractual duties, provided that they comply with the requirements regarding the non-disclosure of such information.
14.3. The disclosure or transfer of information constituting medical confidentiality to third parties is permitted only with the Patient’s consent or in the cases and to the extent expressly provided for by the laws of Ukraine. Payment for the Services or the existence of family or other personal relationships with the Patient does not grant a person an independent right to receive medical information.
14.4. The presence of an accompanying person during the provision of the Service is permitted with the consent of the Patient and the Specialist, provided that it does not interfere with the provision of the Service and does not violate safety requirements or the rights and privacy of others. The scope of information that may be disclosed in the presence of such a person is determined by the Patient. The presence of an accompanying person does not entitle that person to receive medical records or other information outside the scope of the relevant appointment.
14.5. The obligation to maintain medical confidentiality and privacy does not terminate upon completion of the Services or termination of this Agreement.
15. PERSONAL DATA AND ELECTRONIC COMMUNICATIONS
15.1. The Contractor is the controller of the personal data it collects and processes in connection with the Patient’s registration, the conclusion and performance of this Agreement, the provision of medical Services, the maintenance of medical and administrative records, the processing of payments, the handling of inquiries, and the protection of the rights and legitimate interests of the Parties.
15.2. The Service Provider processes the Patient’s identification and contact information, details regarding the Patient’s legal representative or Payer, health information, results of examinations and medical procedures, payment information, medical photographic records, and information obtained during communication, solely to the extent necessary to achieve the relevant legitimate purpose.
15.3. The processing of personal data is carried out on the grounds provided for by the laws of Ukraine, in particular for the conclusion and performance of this Agreement, the provision of medical care, the fulfillment of obligations established by law, the protection of the vital interests and legitimate interests of the Parties, and, in cases provided for by law, on the basis of the consent of the data subject. Withdrawal of consent does not affect the lawfulness of prior processing and does not terminate processing carried out on another legal basis.
15.4. Access to personal data and its transfer to employees, laboratories, information system administrators, payment service providers, and other involved parties is permitted only to the extent necessary for the performance of their functions, provided there is a lawful basis and appropriate security measures are in place. The transfer of data to another independent contractor operating under a common trade name shall be carried out only if there is a separate legal basis and after the Patient has been duly informed.
15.5. For scheduling appointments, remote consultations, and the performance of this Agreement, the Parties may use a phone number, email, or an agreed-upon messaging service. Medical information and documents shall be sent after the Patient has been properly identified via the agreed-upon communication channel. The Patient is obligated to ensure the confidentiality of access to their communication devices and to notify the Contractor of any changes to their contact information or loss of access to the relevant account.
15.6. Organizational messages regarding appointments, the provision of Services, medical recommendations, documents, and payment do not constitute promotional mailings. Promotional and marketing messages are sent only with the Patient’s separate prior consent, provided in writing or electronically, with the option to opt out of receiving them free of charge.
15.7. Personal data is retained for the periods established by law for the relevant documentation, or for as long as it is objectively necessary for the legitimate purpose of its processing. The patient enjoys the rights of a data subject as provided for by Ukrainian law.
16. PHOTO, VIDEO, AND AUDIO RECORDING
16.1. The Contractor may conduct open video surveillance in common areas at the location where the Services are provided for the purpose of ensuring the safety of individuals and the security of property. Visitors are notified of the video surveillance through appropriate informational signs. Video surveillance is not conducted in areas where a person has a reasonable expectation of a higher level of privacy.
16.2. Photographic or video documentation of the Patient’s condition for diagnostic, therapeutic, or record-keeping purposes shall be conducted with the Patient’s prior consent, in compliance with the requirements regarding medical confidentiality, privacy, and the protection of personal data. Such materials may be included in the Patient’s medical records.
16.3. The publication or use of an image, voice, information about treatment, or “before/after” results for advertising, marketing, informational, scientific, or educational purposes is permitted solely on the basis of the Patient’s separate, specific, and voluntary consent. Consent to medical documentation does not constitute consent to the publication of such materials. Refusal to provide such consent may not serve as grounds for refusing to provide medical Services or for worsening the conditions under which they are provided.
16.4. Materials are considered anonymized only if the Patient cannot be directly or indirectly identified by an image, voice, distinctive features, or a combination of other information.
16.5. Telephone conversations with the Contractor’s employees may be recorded for the purposes of monitoring service quality, ensuring security, and confirming agreements reached, provided that the other party is notified in advance.
17. LIABILITY OF THE PARTIES
17.1. For failure to perform or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the laws of Ukraine and the terms of this Agreement. The provisions of this Agreement shall not be construed as an exemption from or limitation of the Contractor’s liability in cases where such exemption or limitation is prohibited by law.
17.2. The Contractor is liable for the actions and omissions of medical personnel and other individuals engaged by the Contractor to provide the Services under this Agreement, to the extent provided by the laws of Ukraine. The Contractor is not liable for the services of other independent business entities provided to the Patient under separate agreements.
17.3. The Service Provider shall not be liable for consequences resulting from the Patient providing incomplete or inaccurate information, failure to follow medical instructions, violation of the prescribed regimen, unauthorized changes to treatment, interference by third parties, the course of the primary or concomitant disease, or an individual physiological reaction that could not have been prevented provided the Service was rendered properly.
17.4. The Patient’s provision of informed, voluntary consent and the Contractor’s notification of possible risks and complications do not relieve the Contractor of liability for the improper provision of Services. At the same time, the mere occurrence of a previously explained risk or complication does not constitute evidence of a breach by the Contractor.
17.5. The Patient is liable for any property damage caused to the Service Provider, its employees, or other persons as a result of the Patient’s culpable unlawful acts or omissions, in accordance with the procedure established by the laws of Ukraine.
17.6. The Provider shall not be liable for the services of third parties with whom the Patient enters into separate agreements, unless the Provider is a party to such agreements and has assumed the corresponding obligations.
18. FORCE MAJEURE CIRCUMSTANCES AND ACTIONS OF THE PARTIES IN THE EVENT OF A SECURITY THREAT
18.1. A party shall be exempt from liability for non-performance or improper performance of an obligation if it proves that such breach was directly caused by circumstances of force majeure, which are extraordinary, unavoidable under the relevant circumstances, and objectively render performance of the obligation impossible.
18.2. The Party affected by force majeure circumstances shall notify the other Party thereof as soon as objectively possible. Performance of the relevant obligation shall be suspended for the duration of such circumstances, and the further procedure for the provision of Services shall be agreed upon by the Parties, taking into account the actual circumstances.
18.3. In the event of an air raid alert, evacuation, a threat to the life or health of individuals, an emergency power outage, equipment malfunction, or any other safety-related circumstance, the Provider has the right to suspend, safely complete, or reschedule the provision of the Service, depending on the nature of the medical procedure and the Patient’s condition. The Patient is obligated to comply with the Specialist’s instructions and established safety rules.
18.4. The occurrence of the aforementioned circumstances does not exempt the Payer from paying for Services actually provided. The unused portion of the advance payment for Services not provided shall be refunded to the Payer or, with the Payer’s consent, credited toward Services rescheduled for a later date.
19. PROCEDURE FOR HANDLING COMPLAINTS AND RESOLVING DISPUTES
19.1. Any request or complaint regarding the organization, scope, cost, or quality of the Services shall be submitted to the Contractor in writing or electronically using the contact information specified in this Agreement. The request must contain information sufficient to identify the Patient, the date and type of Service, a description of the circumstances, and the requester’s demands. Documents and other materials related to the matter in question may be attached to the request.
19.2. The Contractor shall review the request objectively and provide a response within the time limit established by Ukrainian law; if no specific time limit is established, the response shall be provided within 30 calendar days from the date of receipt of the request.
19.3. To verify the circumstances set forth in the claim, the Provider has the right to request that the Patient undergo a follow-up examination and to ask the Patient to provide the necessary medical documents or test results. The Patient’s refusal to undergo a reasonably requested examination or failure to provide the necessary materials shall be taken into account when assessing the possibility of establishing the circumstances and causes of the relevant consequences.
19.4. The Parties shall endeavor to resolve any disputes arising in connection with the conclusion, performance, or termination of this Agreement through negotiation. If no agreement is reached, the dispute shall be resolved by a court in accordance with the rules of jurisdiction and venue established by law. This Agreement does not limit the Patient’s right to seek redress through the courts or other competent authorities.
20. TERM, AMENDMENT, AND TERMINATION OF THE AGREEMENT
20.1. This version of the Agreement shall take effect on the date of its publication on the Contractor’s website. For a specific Patient, the Agreement is deemed concluded upon Acceptance and remains in effect until the Parties have duly fulfilled their obligations regarding the ordered Services or until the Agreement is terminated.
20.2. The Contractor has the right to amend this Agreement by publishing a new version that specifies the date on which it takes effect. The new version applies to Services ordered after that date. For Services ordered or paid for earlier, the version in effect at the time of Acceptance of the relevant order shall apply, except for changes required by mandatory legal provisions or separately agreed upon by the Parties. The Contractor shall retain previous versions of the Agreement and information that makes it possible to verify the date of their publication.
20.3. The Patient has the right to refuse further provision of Services that have not yet been provided at any time by notifying the Contractor. The financial consequences of such a refusal shall be determined in accordance with Section 8 of this Agreement.
20.4. The Provider has the right to refuse to continue providing scheduled Services in the cases provided for in Section 5 of this Agreement and by the laws of Ukraine, provided that such refusal does not pose a threat to the Patient’s life or public health.
20.5. Termination of this Agreement shall not release the Parties from fulfilling any monetary or other obligations that arose prior to such termination, nor shall it terminate the effect of provisions that, by their legal nature, remain in effect after the termination of the contractual relationship.
21. FINAL PROVISIONS
21.1. The price list, Terms of Stay, and the terms and conditions of promotions, packages, and gift certificates apply to the relationship between the Parties solely with respect to the Contractor’s Services, provided that the Patient and/or the Client/Payer has been made aware of the relevant terms and conditions prior to ordering or paying for the Service.
21.2. Terms and conditions regarding a specific Service that have been individually agreed upon in writing or electronically shall take precedence over the general provisions of this Agreement, provided that they do not conflict with the mandatory provisions of Ukrainian law and do not restrict the Patient’s rights that cannot be restricted by contract.
21.3. In matters not covered by this Agreement, the Parties shall be governed by the laws of Ukraine.
21.4. This Agreement is drafted in Ukrainian. A translation of this Agreement into another language may be provided for informational purposes only. In the event of any discrepancies, the Ukrainian text shall prevail.
22. CONTRACTOR’S BANK DETAILS AND CONTACT INFORMATION
| Performer | Individual Entrepreneur Myroslava Myronivna Novosilska |
| RNOKPP | 3109105100 |
| Date of State Registration | May 27, 2020 |
| Entry Number in the Unified State Register | 2415000000109116 |
| Location | 79019, Ukraine, Lviv Oblast, Lviv, Bohdan Khmelnytskyi St., 33, apt. 11 |
| Place of Medical Practice | Lviv Oblast, Lviv, 2/9 Danylo Halytskyi Square. |
| Information regarding the license to conduct business activities in the field of medical practice | The decision to issue the license was formalized by an order of the Ministry of Health of Ukraine dated April 19, 2021, No. 748, item 49 of the List of License Applicants; registration dossier No. 1231/21/M dated March 24, 2021. |
| Website | https://novosilskaclinic.com/ |
| Phone | +38 (096) 346 53 47 |
| mnovosilskaclinic@gmail.com |
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