Public contract-offer for dental services

Limited Liability Company “SEVEN DENT” with USREOU code 45589879, holds a license from the Ministry of Health of Ukraine for medical practice business activities issued on May 17, 2024, decision № 854, represented by Director Valeriy Valeriyovych Dyuba, acting on the basis of the Charter, on one side (hereinafter referred to as the Contractor), hereby offers to an unlimited number of individuals (hereinafter referred to as the Patient), on the other side (hereinafter collectively referred to as the Parties), to accept this Public Offer (to enter into a contract for the provision of dental services). This offer is public and, according to articles 633, 641 of the Civil Code of Ukraine, its terms are the same for all Patients. Unconditional acceptance of all the terms of this Public Offer without any exceptions and/or restrictions is considered acceptance of this Public Offer (hereinafter the Contract) by the Contractor and the Client, and the Contract is automatically considered concluded.

1. Terms
1.1. In this Contract, the following terms, concepts, and definitions are used in with the meanings specified:
1.1.1. Public Offer – a proposal by the Contractor (posted on the Contractor’s Official Website), addressed to an unlimited number of individuals to enter into this Contract under specified conditions.
1.1.2. Services – dental and/or medical services, including but not limited to diagnostic examinations, therapeutic dentistry, periodontology, surgical dentistry, implantation and bone grafting, pediatric dentistry, endodontics, restorative, orthopedic, and orthodontic dentistry, provided by the Contractor according to the terms of this Contract. The list of dental and other related services, as well as their costs, is detailed on the Contractor’s Official Website and directly at the Contractor’s place of business.
1.1.3. Patient – an individual who approaches the Contractor with the intent to receive medical and/or dental services under this Contract.
1.1.4. Official Website of the Contractor – an Internet webpage, which serves as the official source of information for Patients about the Contractor and the services provided.
1.1.5. Acceptance – the complete and unconditional acceptance of the terms of this Contract by the Patient, which is carried out by actions specified in the Contract. This Contract is considered concluded between the Contractor and the Patient without the need for further signing from the moment the Patient first approaches the Contractor for Services or takes other actions indicating acceptance of the terms of this Contract, including but not limited to signing a questionnaire or treatment plan, providing informed voluntary consent for diagnostics, treatment, medical intervention, etc., actual receipt of Services, payment for Services, etc.
1.1.6. Treating Doctor – a person who is qualified in the field of therapeutic dentistry, who is in an employment relationship with the Contractor or conducts business activity in medical practice as a private entrepreneur and has a contract with the Contractor to provide dental services.
1.1.7. Price List – a collection or a directory of prices and tariffs for various types of services provided by the Contractor, which are posted on the Official Website of the Contractor.

2. Subject of the Contract
2.1. Under this Contract, the Contractor undertakes to provide Services to the Patient, and the Patient, in turn, undertakes to pay for them in the order and under the terms defined by this Contract.
2.2. This Contract is a public contract, which is considered concluded between the Contractor, on one side, and the Patient, on the other, from the moment of the Patient’s acceptance of all without exception from conditions and provisions of this Contract.
2.3. This Contract is binding for the Contractor from the moment of its publication on the Contractor’s Official Website, and for the Patient from the moment of acceptance of the Contract by one of the methods established in clause 1.1.5 of the Contract.
2.4. Place of service provision: Kyiv, Beresteiska Avenue, 37 (territory of NTUI “KPI”) building 26, room № 121.
2.5. Services are provided in accordance with industry standards in healthcare.

3. Procedure for Contract Formation
3.1. The contract is considered concluded without the need for further signing from the moment of the Patient’s oral or written approach to the Contractor for dental services or performing other actions provided by the Contract, indicating agreement to adhere to the terms of the Contract (signing a treatment plan, beginning of actual use of services, payment of the Contractor’s bill, etc.), without the signing of a written copy by the Parties.
3.2. The date of the Patient’s first approach to the Contractor, by mutual agreement, is considered the date of the conclusion of this Contract. The Patient is deemed familiar with the Contract at the moment of its conclusion.
3.3. Each Party guarantees to the other Party that it possesses the necessary legal capacity, as well as all rights and powers necessary and sufficient for the conclusion and performance of this Contract in accordance with its terms.
3.4. By entering into the Contract, the Patient automatically agrees to the full and unconditional acceptance of the terms of the Contract and also provides consent for the collection and processing of their personal data in accordance with the laws of Ukraine.
3.5. Before starting to use dental services, each Patient is required to familiarize themselves with the terms of this Contract, the Contractor’s Price List, and the Rules for patients in the dental clinic of the Contractor, which are posted (published) on the Contractor’s Official Website and in a place accessible for acquaintance at the service provision site by the Contractor.
3.6. This Contract may be concluded on behalf of a minor or legally incapacitated person by their legal representative. If the direct recipient of the dental and/or medical services under this Contract is a minor or legally incapacitated person, the rights and obligations provided in this Contract for the Patient are acquired by their legal representative.
3.7. All terms of the Contract, as outlined in this Public Offer, are binding for the Parties. If the Patient does not agree with the terms of the Contract, they are not entitled to enter into this Contract.
3.8. The Contract and/or its individual provisions may be amended by the Contractor with obligatory notification of the Patient by publishing on the Contractor’s Official Website.
3.9. In case of the Patient’s disagreement with the changes and additions made to this Contract, the Patient is obligated to terminate this Contract within three days from the date of publication of such changes and additions on the Contractor’s Website, notifying the Contractor in writing. Failure to terminate this Contract and continued use of the services indicates the Patient’s acceptance (agreement) with the changes and additions made to the Contract.

4. Procedure for Providing Services
4.1. Services are provided by appointment. Provision of services without a prior appointment is possible only if no other patients are scheduled for that time. The date and time for each service are agreed upon by the Contractor and the Patient in verbal or written form.
4.2. At the agreed time, the treating physician conducts an examination of the Patient, establishes a preliminary diagnosis, determines methods and possible treatment options, consequences of treatment, anticipated results, risk level, possible complications, and thoroughly informs the patient about these orally.
4.3. Based on the examination results, the treating physician determines and agrees with the Patient orally and/or in written form on the scope of services (treatment plan) to be provided.
4.4. Services are provided by the treating physician using the Contractor’s facilities, equipment, and materials. The provision of services is carried out during working hours according to the work schedule established by the Contractor.
4.5. In case of a delay, the Patient is required to inform the Contractor’s administrator in advance. In case of a delay causing a schedule shift, the Patient will be assigned another visit time at the Contractor’s discretion.
4.6. In case of the absence of the physician for a valid reason (illness, business trip, vacation), the Contractor shall provide the necessary services through another qualified physician.
4.7. If the Patient refuses services which, in the opinion of the Contractor, could reduce or eliminate health risks, the physician may obtain a written refusal of medical assistance from the Patient after explaining the possible consequences of such refusal to their health.
4.8. The Contractor has the right to refuse service to the Patient if the treating physician identifies allergic reactions, contraindications, or diseases that prevent safe provision of services, or if the Patient is in the acute stage of viral respiratory diseases, undergoing strong medication therapy, as well as if the Patient refuses to undergo necessary diagnostic tests or is under the influence of alcohol or drugs, except in life-threatening conditions. In such cases, medical assistance may only be provided with the treating doctor’s consent.
4.9. The provision of specific services is carried out in accordance with the Patient’s informed voluntary consent to their provision, which is formalized in the form prescribed by Ukrainian law and may additionally be formalized in a form determined by the Contractor.
4.10. To achieve the anticipated result of the treatment process, the Patient is obligated to follow all recommendations given by the treating physician. The Contractor is not responsible for undesirable complications if the Patient fails to follow the given recommendations and/or breaches the terms of this Contract.
4.11. The Patient acknowledges and agrees that the anticipated result of the treatment process may differ from the actual outcome due to the unique characteristics of the Patient’s body. In such cases, the Contractor bears no responsibility.

5. Cost of Services and Payment Procedure
5.1. The prices for services provided by the Contractor are determined by the Price List, which the Patient is required to familiarize themselves with. Information about the cost of services is available on the Contractor’s Official Website.
5.2. The total cost of the services provided is determined based on the Price List in effect on the day of payment.
5.3. The Patient makes the payment immediately after each appointment in the amount of the full cost of the service provided by the Contractor, using one of the following methods: payment in hryvnias at the cash desk, by payment card through a terminal, or by bank transfer to the Contractor’s account.
5.4. Services may be paid for by the Patient or by other interested parties on behalf of the Patient (insurance companies, legal representatives of a minor or legally incapacitated person).
5.5. In the event it is impossible to complete treatment due to objective medical reasons, the Patient is refunded the cost of the medically related services that have been paid for but not yet provided by the Contractor.
5.6. By prior agreement between the Parties, full or partial prepayment (advance payment) of the cost of services is permitted, which will later be credited towards the total cost of the dental services provided.
5.7. The Contractor has the right to unilaterally revise the prices of medical services provided under this contract and record them in the Price List and publish them on their Official Website. 5.8. The Contractor reserves the right to unilaterally establish temporary promotions/special offers, the duration of promotions and conditions, and other features which are published on the Contractor’s Official Website.

6. Rights and Obligations of the Parties
6.1. The Contractor has the right to:
6.1.1. In the event of an unforeseen absence of the treating physician on the day scheduled for service provision, offer the Patient another doctor from the Contractor’s medical staff.
6.1.2. Request information about the Patient’s health condition, solely for the purpose of providing full and quality Services.
6.1.3. Verify the information provided by the Patient, as well as the Patient’s compliance with the terms of the Contract and the rules of stay and service.
6.1.4. In situations where the Patient needs emergency assistance, independently determine the scope of necessary services.
6.1.5. Refuse to provide services if the Patient’s health condition before the start of the service makes it impossible to provide the service or significantly increases the risks of complications, threats to the life or health of the Patient or other severe or negative consequences.
6.1.6. Refuse to provide services if the treating physician identifies allergic reactions, contraindications, or diseases in the Patient that prevent the safe provision of the service, or if the Patient is in the acute stage of viral respiratory diseases, undergoing therapy with potent drugs, as well as if the Patient refuses to undergo necessary diagnostic examinations or is in a state of alcohol or drug intoxication, except in life-threatening conditions.
6.1.7. Refuse to provide services if the Patient breaches the terms of this Contract, refuses to sign informed consents, or violates the rules of stay and service. Also, in cases of the Patient’s delay without prior notice, if such delay leads to a shift in the appointment schedule.
6.1.8. At its discretion, make changes to the Price List.
6.1.9. In unforeseen circumstances, delay the Patient’s appointment or reschedule it for another free time, according to the treating physician’s schedule.
6.1.10. Require the Patient to pay for the provided services.
6.2. The Contractor is obliged to:
6.2.1. Provide the Patient with free, accessible, reliable information about the procedure and conditions of the paid Services he provides.
6.2.2. Timely and adequately provide Services in accordance with the terms of this Contract and Promotional Offers, complying with the requirements of current legislation.
6.2.3. Use medical substances and medical devices permitted for use in Ukraine.
6.2.4. Maintain and keep medical documentation in accordance with the requirements of Ukrainian legislation.
6.2.5. Maintain confidentiality regarding information about the Patient’s health status, results of medical examinations and reviews, intimate and family aspects of the Patient’s life, namely not to disclose to third parties information obtained in connection with the execution of this Contract, except as provided by Ukrainian law.
6.2.6. Schedule appointments for the Patient based on the Patient’s request (appointment booking) by phone or using other telecommunication networks.
6.2.7. Conduct a consultation at the request of the Patient.
6.2.8. Provide the Patient with truthful and complete information in oral form about the preliminary diagnosis, treatment methods and possible options, consequences of treatment, anticipated results, degree of risk, possible complications, and temporary discomforts that may occur during or after the dental service, about prescriptions and recommendations that the Patient should follow to preserve or achieve the expected result.
6.2.9. Agree with the Patient in oral form the scope of services to be provided, determine the procedure and timeline for their implementation, as well as the preliminary cost.
6.2.10. Provide the Patient with access to the Price List for review.
6.3. The Patient has the right to:
6.3.1. Receive any kind of information that falls within the competence of the Contractor.
6.3.2. Choose a treating physician from among the Contractor’s medical staff, taking into account his specialization and consent.
6.3.3. Select the appointment time with the treating physician, considering the available time in the schedule.
6.3.4. Review the Price List of services provided by the Contractor.
6.3.5. Refuse the provision of services (in which case payment is made for the services actually provided).
6.3.6. Receive services in conditions that meet sanitary and hygienic requirements.
6.3.7. Keep confidential information regarding their visits to the Contractor and their health status, including information about examination results, diagnoses, and treatment methods.
6.3.8. In case of changes in the scope of services and their estimated cost during the provision, the Patient has the right to:
-Agree to these changes and their cost;
-Refuse the proposed change in the scope of services;
-Terminate the Contract, having fully paid for the services actually provided up to the date of initiating the termination.
6.4. The Patient is obliged to:
6.4.1. Provide accurate information about themselves as the Patient, which is necessary for the provision of services.
6.4.2. Arrive at the location where the Contractor provides the Services at the agreed appointment time. If delayed or unable to arrive at the scheduled time, inform the Contractor in advance.
6.4.3. Timely provide the doctor with all necessary information, including information about their health at the time of the visit, about allergic or unusual reactions to medications, food, bites, anesthetics, dust, blood diseases, reactions of gums and skin, bleeding, and other conditions, as well as harmful health habits and other information related to the Patient’s medical history or health.
6.4.4. Inform the treating physician about all medications the Patient is taking before the start of the Services.
6.4.5. Timely and fully pay for the services provided.
6.4.6. During a treatment course, inform the treating physician about any complications that arise after medical procedures, taking medications, or deterioration of well-being.
6.4.7. Immediately notify the physician about any changes in health condition during or after treatment, due to the intake of medications.
6.4.8. Follow the doctor’s recommendations for effective and safe treatment.

7. Liability of the Parties
7.1. The Contractor is liable to the Patient for the non-performance or improper performance of the terms of this Contract, non-compliance with the requirements applicable to diagnostic, preventive, and treatment methods allowed in Ukraine according to current legislation.
7.2. The Contractor is not liable for any harm to the Patient’s health and/or property damage resulting from: the Patient’s failure to show up or delayed arrival at the scheduled appointment, control medical examination or for professional hygiene procedures; early termination of the Contract initiated by the Patient or by the Contractor due to the Patient’s failure to fulfill the obligations under this Contract or the recommendations of the treating physician.
7.3. The Contractor is not liable in cases of non-notification, incomplete notification, and/or inaccurate notification by the Patient of their health status; non-compliance with recommendations for oral care or other recommendations of the treating physician; the Patient seeking services from another healthcare facility.
7.4. The Contractor is responsible for the objective assessment of the Patient’s health condition, considering the information received by the Contractor.
7.5. The Contractor is liable for the poor quality of services provided and the improper performance of the terms of this Contract.
7.6. The Patient is responsible for the accuracy and completeness of the information provided, which is requested by the Contractor in connection with the performance of their duties under this Contract.
7.7. The Patient is responsible for timely informing the Contractor of all, including new, circumstances that may affect the desired outcome of the provided Service (presence of diseases, use of medications, harmful habits, etc.).
7.8. The Patient is responsible for ensuring the timeliness of all measures prescribed by the Contractor and adherence to the treatment plan (if necessary).
7.9. The parties acknowledge that a discrepancy between the result of the provided Service and the Patient’s expectations and desires upon requesting the Service does not itself constitute the provision of poor-quality Service.
7.10. In other cases, the Parties are liable according to current Ukrainian law and this Contract.

8. Duration of the Contract
8.1. The Contract is public and indefinite, remaining effective until terminated by either Party in accordance with the procedures established by this Contract or the legislation of Ukraine.
8.2. This Contract is made publicly known to all Patients by being posted (published) in the Consumer Corner and on the Official Website of the Contractor.
8.3. The duration of this Contract may be prematurely terminated:
8.3.1. At the request of one of the Parties, provided that the requesting Party notifies the other Party in writing no later than 10 (ten) calendar days in advance;
8.3.2. By a court decision;
8.3.3. In the event of termination of the medical practice license.

9. Force Majeure
9.1. The parties are not responsible for the failure or improper performance of the terms of this Contract in case of the occurrence of extraordinary circumstances beyond the control of the parties and which prevent the parties from fulfilling their obligations under this Contract (force majeure circumstances). The occurrence of force majeure circumstances does not exempt the parties from fulfilling their obligations under this Contract.
9.2. The parties have agreed to classify the following as force majeure circumstances: natural disasters (storms, cyclones, floods, earthquakes, other natural and climatic phenomena), war and military operations, riot, blockade, mass disturbances, strikes, riots, and other unlawful acts, or those incompatible with the medical services defined by the Protocol, technological factors (lack of electricity, equipment damage, accidents, fires, etc.), actions, inaction, or acts of government and local self-government bodies aimed at stopping or suspending the execution of actions under this Contract, and/or that impede the normal activities of the parties, including changes in the regulatory and legislative framework that governs the legal relations of the parties within this Contract.
9.3. If the force majeure circumstances specified in 9.2 occur during the provision of medical services, the Contractor has the right to change the medical service to an alternative one, or use other medical equipment, if rescheduling this service to another date is not possible.

10. General Provisions
10.1. By entering into this Contract, the Patient automatically agrees to the full and unconditional acceptance of the terms of this Contract.
10.2. This Contract is public according to articles 633 and 641 of the Civil Code of Ukraine and its terms are the same for all. Acceptance of the terms of this Public Contract (acceptance) is complete and unconditional and signifies the Patient’s agreement with all terms of the Contract without exceptions and additions. The Patient understands the significance of their actions, all terms of the Contract are clear to them, and the Patient is not under the influence of mistake, deceit, coercion, threat, or similar circumstances.
10.3. The Patient agrees to the Contractor’s performance of all actions, which will be made known to them and which both Parties will deem necessary and justified in connection with the provision of Services under this Contract.
10.4. The Patient’s consent to the performance of the above-mentioned actions particularly means that in case of any side effects resulting from the services provided, about which they were previously informed by the Contractor, they will not present any claims against the Contractor regarding such side effects.
10.5. Disputes related to the execution, modification, or termination of this Contract are settled by the Parties through negotiation, and in the absence of agreement, are to be adjudicated in court according to the current legislation of Ukraine.
10.6. All relations not regulated by this Contract are governed in accordance with the current legislation of Ukraine.

11. Contractor’s Details
LIMITED LIABILITY COMPANY “SEVEN DENT”
USREOU code 45589879
Legal address: 01001, Ukraine, Kyiv, Triokhsviatytelska Street, Building 4A, Room 42
Service Location: Kyiv, Beresteiska Avenue, 37 (territory of NTUI “KPI”)
Building 26, Room № 121
Phone: +380990777703
Email: sevendent7777@gmail.com