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    from 11.09.2014

    CONTRACT

    public offer for the provision of medical services with the use

    Assisted Reproductive Technologies (ART) and

    transfer of the embryo (embryos) into the uterine cavity (PE) 

     

    Read carefully the text of this public offer and, if you do not agree with any point of this offer, or do not understand any point of this offer, we suggest you clarify the information that interests you by phone. (0482) 37-37-47 or in the registry of the medical center.

    If you accept the terms of this public offer, you agree with all the terms of the offer and you understand all its provisions.

    Offer (public offer)

    The following text of the agreement is addressed to individuals wishing to receive Medical Services at the Medical Center “Reproductive Health Clinic” Lada “LLC” DARY LADY ” (hereinafter – the Medical Center) and is an official offer of the Medical Center , which operates under a license series AE №571022, issued by the Ministry of Health on September 11, 2014. (date of adoption and number of the decision to issue a license №640 dated 11.09.2014) enter into an Agreement for the provision of medical services using Assisted Reproductive Technologies (ART) and transfer of the embryo (embryos) into the uterine cavity (UE) (hereinafter – the Agreement) in the Medical center on the terms specified in the Agreement, in accordance with the selected list of medical services specified      in the payment (settlement) document.

    The Agreement is considered concluded and enters into force of the accession agreement from the moment of your actions provided for in paragraph 4.5 of the Agreement, which means full and unconditional acceptance of all terms of the Agreement without any exceptions and / or restrictions.

    1. General provisions

    The contract, as required by the Civil Code of Ukraine is the official public offer Medical Center, addressed to those individuals who are temporarily or permanently residing in Ukraine (hereinafter – “Patient”) , to conclude a treaty with the selected list of medical services specified in the payment ( settlement) document on the following terms.

    Hereinafter, under the text of the Agreement, the Medical Center and the Patient are also referred to together as the “Parties”, and each separately as the “Party”.

    Each Party guarantees to the other Party, which has the necessary capacity, as well as all the rights and powers necessary and sufficient for the conclusion and implementation of the Agreement in accordance with its terms.

    The current version of this Agreement, which is always placed on the stand “Consumer’s Corner” in the lobby of the Medical Center and must be offered for review to the Patient until the acceptance of the terms of the Agreement.

    2. The terms used in this Agreement have the following meanings:

    1. “Patient” is a female person who has reached the age of 18, who has civil capacity and will receive medical services at the Medical Center.
    2. “Male” is a male person who has reached the age of 18, who has civil capacity and is in an officially registered marriage with the Patient or is in an actual marital relationship with her, provided that neither the Patient nor the Husband has another registered marriage.
    3. “Ultrasound monitoring” – conducting ultrasound examinations of the pelvic organs during the cycle of medical services.
    4. “Hormonal monitoring” – determination of hormone levels in the patient’s blood during the provision of medical services.
    5. “Follicle puncture and aspiration of follicle contents to obtain eggs” – a procedure for removing eggs from follicles. It is performed by transvaginal access under the control of ultrasonic monitoring.
    6. “Oocyte” – an egg.
    7. “Intracytoplasmic introduction of sperm into the egg (ICSI)” – the introduction of a single sperm into the cytoplasm of the oocyte for fertilization.
    8. “Cultivation of embryos”   – the creation of optimal conditions for the development of embryos in an artificial nutrient medium.
    9. “Place of medical services” – Medical Center “Reproductive Health Clinic” Lada “LLC” GIFTS OF LADA “, which is located at: Odessa, st. Srednefontanskaya, 19-V.
    10. “Assisted Reproductive Technologies (ART)” – methods of infertility treatment, in which manipulations with reproductive cells, some or all stages of preparation of reproductive cells, fertilization and development of embryos before transfer to the patient’s uterus are carried out in vitro.
    11. “In vitro” – a technique for performing an experiment or other manipulation in a special laboratory vessel or in a controlled environment outside a living organism.
    12. “Medical Services” or “Medical Service” – medical services provided at the Medical Center under this Agreement, namely: fertilization of the Patient’s eggs with the sperm of the Husband or donor and transfer of the embryo (s) into the uterine cavity of the Patient; fertilization of oocytes and cultivation of embryos before their transfer to the patient’s uterus in vitro; ultrasound monitoring during the entire cycle of medical services; follicle puncture and oocyte aspiration of the patient, including anesthesia; one-time transfer of embryos into the uterine cavity of the Patient during the cycle of medical services; the patient’s stay in the day hospital after the puncture of the follicles and after the transfer of embryos into the uterine cavity; doctor’s consultations during the whole cycle of medical service provision; pregnancy diagnosis (HCG test); transvaginal ultrasound examination in the cycle of medical services.

    Other terms are used in the meanings given in the Fundamentals of the legislation of Ukraine on health care and regulations in the field of health care.

    3. Subject of the Agreement

    3.1. The subject of this Agreement is the provision by the Medical Center to the Patient of medical services specified in paragraph 2.12 of this Agreement, which the Patient undertakes to accept and pay for under the terms of this Agreement.

    4. The procedure for concluding the Agreement:

    4.1. The agreement is concluded between the Parties in the form of a public agreement (Article 633 of the Civil Code of Ukraine).

    4.2. Prior to concluding this Agreement, the Patient undertakes to submit the following documents to the Medical Center :

    – a copy of the passport of the Patient and her husband, a copy of the marriage certificate;

    – application for the use of assisted reproductive technologies (Annex №1 to this Agreement) or any other application, in the form prescribed by the order of the Ministry of Health of Ukraine №787 dated 09.09.2013. “On approval of the procedure for the use of assisted reproductive technologies in Ukraine”, registered by the Ministry of Justice of Ukraine on October 2, 2013. for №1697 / 24229, which are necessary for the parties to fulfill the terms of this Agreement.

    4.3. Acceptance of the terms of the Agreement (conclusion of the Agreement) is the implementation by the Patient of all the actions specified in paragraph 4.5 of the Agreement.

    4.4. Acceptance of the terms of the Agreement means full and unconditional acceptance by the Patient of the terms of the Agreement, without any exceptions and / or restrictions and equivalent to concluding a bilateral written Agreement on medical services in the Medical Center, according to the selected list of medical services specified in the payment (settlement) document . Part 2 of Article 642 of the Civil Code of Ukraine).

    4.5. The Patient and her Husband accept the Agreement after detailed acquaintance with its terms, by collectively performing the following actions:

    – acquaintance with the terms of the Agreement, placed on the stand “Consumer’s Corner” in the lobby of the Medical Center;

    – full or partial payment by the Patient or another person of the services of the Medical Center (full package of services according to item 2.10 is provided only after making full payment according to the issued invoice);

    – filling in, signing and providing the Patient and her Husband with the documents specified in clause 4.2. Agreement.

    Execution of all the above actions indicates that the Patient and her Husband are familiar with this Agreement and agree to its terms in full. The signing by the Patient and her Husband of a statement on the use of assisted reproductive technologies (Appendix № 1 to this Agreement) indicates the acceptance by the Patient and her Husband of the terms of this Agreement.

    4.6. The Patient and her Husband undertake to report (fill in the documents specified in clause 4.2 of this Agreement) (independently enter) only complete and reliable personal data and information.

    4.7. The period of acceptance is unlimited.

    4.8. The Agreement is considered concluded and enters into force from the moment the Patient accepts the Agreement, which is determined by the date of performance specified in paragraph 4.5 of the Agreement, actions in their entirety and is valid throughout the period of receiving Medical Services or until termination on the grounds specified in the Agreement and / or norms of the current legislation of Ukraine.

    4.9. The conclusion of the Agreement means that the Patient and her Husband:

    – to the extent necessary for her to get acquainted with the procedure, terms and rules of medical services;

    – are informed and agree that during the ART program there may be a need for intracytoplasmic injection of sperm into the oocyte (ICSI); cycle segmentation for medical and testimony and or patient request (embryo transfer in a subsequent menstrual cycles); testicular puncture to obtain sperm; preimplantation diagnosis; cryopreservation of embryos, the payment of which is stipulated in addition; the effectiveness of the provided medical service by ART method is on average 40%, treatment with ART may have complications, of which the Patient is informed in detail; The patient undertakes not to complain to the Medical Center, if as a result of ART pregnancy did not occur, there are complications that require surgery, as well as in case of ectopic pregnancy, multiple pregnancy, congenital malformations of the fetus, which can not be diagnosed in modern medicine, abortion after ART at any stage of pregnancy, in other cases that can not be prevented in modern medicine;

    – warned and agrees that the provision of medical services by ART may be terminated at one stage due to non-fertilization of oocytes or in case of cessation of fragmentation of an already fertilized egg before the transfer of embryos into the uterine cavity;

    – warned and agrees that all medical documentation (medical card, survey data, tests, expert opinions, etc.), entered on the Patient is the property of the Medical Center and stored in it. The Patient (her representatives) is acquainted with such documentation in a specially equipped room of the Medical Center and in the presence of a representative of the Medical Center in accordance with the procedure established by him;

    – is aware of and agrees that the ART program is terminated immediately if the Patient or her Husband is currently suffering from an acute infectious viral disease (including hepatitis A, B , C , D , E), infected with sexually transmitted infections (syphilis, gonorrhea, chlamydia) or HIV-infected. In case of such complications after the transfer of embryos into the uterine cavity, the Medical Center is not responsible for the course of a possible pregnancy, its outcome and the health of the unborn child;

    – having concluded this Agreement, the Patient and her Husband consent to the use of medical data obtained in the process of their examination and treatment, for scientific purposes without disclosing the passport data of the Patient and her Husband;

    – during the ART program is acquainted with and gives its consent (by accepting this Agreement) to the transfer of 1-2 embryos into the uterine cavity, and with the predicted reduced probability of implantation (with a clinical justification of this need in the medical card) to transfer to the uterine cavity three embryos;

    – accepts all the terms of this Agreement without comments.

    5. The order of calculations

    5.1. Medical services are provided to the Patient on a prepaid basis in accordance with the Tariffs for medical services, which are approved by the Medical Center and placed on the stand “Consumer’s Corner” in the lobby of the Medical Center (hereinafter – “Tariffs”) .

    5.2. Payment for the provision of medical services is made, on prepayment, before the provision of medical services.

    5.3. In case of unilateral termination of the contract by the Medical Center due to violations of the terms of this Agreement by the Patient, payment for medical services is not refunded to the Patient .

    5.4. The cost of Medical Services indicated in the Tariffs does not include the cost of preliminary examination of the Patient and / or her husband, as well as the cost of medicines used in the ART program, the amount of which is determined in each case individually.

    5.5. If as a result of the full cycle the pregnancy did not occur, the payment for the used materials, medicines, tools, etc. is not refundable.

    6. Rights and responsibilities of the Medical Center

     6.1. The medical center is obliged to:

    6.1.1. Prior to the provision of medical services to acquaint the Patient with the special conditions for the provision of medical services under this Agreement, specified in paragraph 4.9 of the Agreement.

    6.1.2. Organize the provision of medical services in the Medical Center, in accordance with the selected list of medical services specified in the payment (settlement) document, on the terms specified in the Agreement;

    6.1.3. Carry out an individual approach to the Patient;

    6.1.4. In the manner and under the conditions provided by this Agreement, to provide quality medical services, including, to carry out all necessary procedures for examination and treatment of the Patient;

    6.1.5. Inform the Patient about the cost, timing of medical services, the effectiveness of the chosen method, as well as possible risks and complications during and after its use.

    6.1.6. Adhere to the confidentiality of information about the state of health, the fact of seeking medical service, types and results of medical examinations and examinations, other medical information, intimate and family aspects of the patient’s life. Such information is provided only in cases provided by the current legislation of Ukraine.

    6.1.7. To issue the Patient a certificate, an extract from the medical history, which are provided by the current legislation of Ukraine.

    6.2. The medical center has the right to:

    6.2.1. Do not allow the Patient and / or persons accompanying her to the Medical Center in a state of alcohol or drug intoxication.

    6.2.2. Do not provide medical services in case of violation of the terms or amount of payment for medical services.

    6.2.3. Terminate this Agreement prematurely unilaterally in the cases provided for in this Agreement.

    6.2.4. Make unilateral changes to this Agreement by placing appropriate changes on the stand “Consumer’s Corner” in the lobby of the Medical Center. The changes take effect from the moment they are placed on the stand and have no retroactive effect;

    6.2.5. Refuse to provide medical services or examinations at any time in the following cases:

    – in case of contraindications or clearly known impossibility to achieve the result of medical service;

    – in case of non-fulfillment by the Patient of clause 7.1.2 of this Agreement;

    – when providing incomplete or inaccurate data on the state of health of the Patient and / or her husband.

    6.2.6. Conduct free (one) ultrasound examination for up to 4 weeks, in case of pregnancy Patients

    6.2.7. Determine the level of Chorionic Gonadotropin once for the purpose of diagnosing pregnancy.

    6.3. The specialist – gynecologist of the Medical Center independently determines the need for hormonal monitoring in the cycle of medical services and can make appropriate changes.

    7. Rights and Responsibilities of the Patient

    7.1. The patient and her husband must:

    7.1.1. Before paying for medical services, carefully read the terms of this Agreement and accept the Agreement.

    7.1.2. Select medical services, fill in the documents specified in clause 4.2 of this Agreement, documents with reliable data, provide them to the representative of the Medical Center, pay for the selected medical services in the manner prescribed by clause 7.1.4 of the Agreement.

    7.1.3. Adhere to the Rules for the provision and payment of medical services in the Medical Center, the rules of stay in the Medical Center and the provisions of this Agreement.

    7.1.4. Simultaneously with the acceptance of the Agreement to pay the cost of medical services in accordance with the current Tariffs. From the moment of acceptance of the Agreement the cost of the medical services paid by the Patient is invariable.

    7.1.5. Inform the Medical Center about the future absence of the Patient at the reception of a specialist of the Medical Center.

    7.1.6. Provide the Medical Center with complete and reliable information about the diseases of the Patient and her husband.

    7.1.7. Upon receipt of medical services to comply with the legal requirements of the staff of the Medical Center and the terms of this Agreement.

    7.1.8. Carry out the necessary medical examination before providing medical services, in accordance with the instructions of the Medical Center;

    7.1.9. Visit the Medical Center at the time appointed by the specialist of the Medical Center, as well as faithfully follow all its instructions and recommendations.

    7.1.10. Conscientiously comply with all the requirements of the hospital regime, the internal regulations of the Medical Center and other requirements that ensure quality and timely provision of medical services.

    7.1.11. In case of any changes, including negative ones, feel and state of health, immediately report and contact the Medical Center.

    7.2. The patient has the right to:

    7.2.1. Receive selected Medical Services in accordance with the terms of this Agreement.

    7.2.2. Choose any types of medical services provided by the Medical Center;

    7.2.3. To pay for medical services within the terms and in the manner prescribed by this Agreement.

    7.2.4. Get complete and reliable information about: the cost of medical services, the conditions of its provision in the Medical Center, the state of your health, possible complications that may arise as a result of the provision of medical services;

    7.2.5. Refuse to receive further medical services.

    8. Responsibility of the parties

    8.1. The Patient agrees that the Medical Center shall not be liable for any material or moral damage or for any Patient injury, mutilation or death of the Patient as a result of her or any third party’s violation of these terms and conditions. Agreement.

    8.2. The Medical Center shall not be liable for damages of the Patient and third parties, which arose as a result of: incorrect filling of applications and documents provided by this Agreement, violation by the Patient of the established order of visiting, behavior in the Medical Center and refusal to serve the Patient;

    8.3. The Medical Center is responsible only for those obligations that are specified in the Agreement and in the Fundamentals of the legislation of Ukraine on health care.

    8.4. The patient is fully responsible for the accuracy of the information provided by her in the statements and other documents provided for in this Agreement. If the Patient has not provided or incorrectly provided personal or any other data, the Medical Center is not responsible for the Patient’s losses incurred as a result of refusal to refund the prepayment and / or other actions due to inability to correctly identify the Patient’s health problem.

    8.5. In other cases of non-performance or improper performance of their obligations under the Agreement, the Parties shall be liable in accordance with the legislation of Ukraine, subject to the terms of the Agreement.

    8.6. The Parties shall be released from liability for full or partial non-fulfillment of their obligations under this Agreement, if this was the result of force majeure circumstances that arose after the entry into force of this Agreement as a result of extraordinary events that could not be foreseen and could not be prevented by reasonable measures. .

    8.7. In case of violation by the Patient of the terms of this Agreement, the Medical Center is released from liability for breach by the latter of its contractual obligations.

    8.8. If the Patient violates any of the clauses of this Agreement, the Medical Center reserves the right to either suspend the provision of medical services or not to provide medical services to the Patient. In this case, the money previously paid by the Patient to the Medical Center is not returned. The decision to suspend the provision of medical services or not to provide medical services is made by the management of the Medical Center, which is final.

    8.9. The Medical Center shall not be liable for damage caused to the health of the Patient and / or her husband, which occurred as a result of non-appearance or late appearance of the persons specified in this paragraph for scheduled visits or follow-up medical examinations; failure to report or untimely notification by the Patient and / or her husband of true biographical and address data, as well as information for anamnesis, state of health, previous illnesses and the presence or absence of contraindications to medication, including allergic or other specific reactions to drugs, their individual intolerance, the presence of diseases; provision by the Patient and / or her husband of tests performed by other medical institutions (third parties) that do not correspond to the actual medical picture (history) of the disease; non-compliance by the Patient and / or her husband with the instructions and recommendations of the doctor and medical staff of the Medical Center; violation of the hospital regime by the Patient and / or her husband.

    8.10. Patients are fully responsible for the accuracy and correctness of the documents and information provided by them in pursuance of this Agreement. Patients are obliged within 3 (three) calendar days to notify the Medical Center in writing of changes in the details and / or content of documents, information provided during the conclusion of this Agreement, as well as in case the city has circumstances that in any way affect the implementation Patients of the Agreement.

    In case of untimely notification by Patients about the change of documents, information provided during the conclusion of this Agreement, which will lead to violation of the requirements of the order of the Ministry of Health of Ukraine №787 from 09.09.2013. “On approval of the procedure for the use of assisted reproductive technologies in Ukraine”, registered by the Ministry of Justice of Ukraine on October 2, 2013. for №1697 / 24229, imposition of penalties on the Medical Center, occurrence of any other adverse consequences for the Medical Center, Patients are obliged to reimburse the Medical Center for all damages caused by such notification, including the amount of penalties imposed by inspection bodies.

    The Medical Center shall not be liable for damages of the Patient / Spouse, for causing material damage to them or one of them as a result of disputes, disagreements that have arisen between the Spouses in connection with the implementation of this Agreement.

    9. Change and termination of the Agreement

    9.1. The Medical Center has the right to unilaterally amend the Agreement by placing them on the stand “Consumer’s Corner” in the lobby of the Medical Center. The changes take effect from the moment they are placed on the stand and have no retroactive effect.

    9.2. The contract may be terminated in the following cases:

    9.2.1. The patient unilaterally in case of her absence at the reception of the specialist of the Medical Center at the scheduled time and failure to notify the validity of the reasons for such absence. In this case, the Agreement is considered terminated from the date of absence of the Patient at the reception of a specialist of the Medical Center;

    9.3.2. By mutual agreement of the Parties;

    9.3.3. Medical center in the cases provided by this Agreement;

    9.3.4. On other grounds provided by this Agreement and / or current legislation of Ukraine.

    10. Dispute resolution

    10.1. All disputes and differences that have arisen or may have arisen in the implementation of this Agreement shall be resolved by the Parties in the course of negotiations. Otherwise, the dispute may be resolved in court at the location of the Medical Center.

    10.2. After receiving the Patient’s claim, the Medical Center is obliged to satisfy the claims stated in the claim within 20 (twenty) days or to provide a motivated refusal to satisfy them.

    11. Other provisions

    11.1. The patient and her husband guarantee that they understand all the terms of this Agreement, and they accept them unconditionally and in full.

    11.3. In the part not regulated by this Agreement, the Parties undertake to be guided by the norms established by the current legislation of Ukraine.

    Клиника репродуктивного здоровья "Лада"
    ул. Среднефонтанская, 19В, ЖК «Чудо-город» 65039 Украина, г.Одесса
    (0482) 373747, [email protected]