Public offer

Open (Public) Offer Agreement
for the Provision of Paid Medical Services

Republic of Kazakhstan, Aktau January 20, 2020

1. GENERAL PROVISIONS

1.1. This public offer is addressed to individuals, as well as their legal representatives, wishing to receive medical services (Patients) at Ecomed-Kaspi Limited Liability Partnership, in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan.

1.2. Acceptance of the offer means that the Patient agrees to all provisions of this offer and is equivalent to entering into an Agreement for the provision of medical services pursuant to Article 387 of the Civil Code of the Republic of Kazakhstan.

1.3. The terms and conditions set forth in this offer constitute the terms and conditions of the public agreement for the provision of medical services by Ecomed-Kaspi LLP.

1.4. Ecomed-Kaspi LLP, hereinafter referred to as the “Clinic and/or Provider,” represented by its Director, acting on the basis of the Charter and a license to conduct medical activities, hereby expresses its intention to enter into an agreement for the provision of medical services with any individual, including citizens of the Republic of Kazakhstan, foreign citizens, and stateless persons, hereinafter referred to as the “Patient and/or Customer,” under the terms of this offer (hereinafter referred to as the “Agreement”).

1.5. The validity period of this offer is established as 5 (five) years.

1.6. This Agreement is a public offer agreement and contains all essential terms and conditions for the provision of medical services.

1.7. The terms and conditions of this Agreement are the same for all Patients/Customers.

1.8. Evidence of full and unconditional acceptance of the terms and conditions of this Agreement, as well as the date of conclusion of the Agreement, shall be the performance by the Patient/Customer of actions aimed at fulfilling the terms of the Agreement, in particular, receiving the service(s) and/or making payment for them.

1.9. Acceptance by individuals wishing to accept this offer shall be made by performing one of the following actions:
— making an appointment with a specialist through the call center;
— actually receiving medical services;
— making the first payment for medical services.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Public Offer for entering into an agreement for the provision of medical services to individuals (hereinafter referred to as the “Agreement”), the Clinic/Provider undertakes to provide the Patient/Customer with medical services (hereinafter referred to as “medical services”) within the scope of its activities in accordance with the applicable state licenses for medical activities and the current regulatory legal acts in the field of healthcare of the Republic of Kazakhstan, while the Patient/Customer undertakes to pay for the services provided in a timely manner, comply with the requirements and recommendations of the Clinic’s specialists, and not violate the internal regulations and rules of conduct of the Clinic. The list and cost of medical services provided to the Patient shall be determined by the Clinic’s price list effective at the time the services are provided.

3. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES

3.1. The Clinic/Provider carries out its activities in accordance with the current legislation of the Republic of Kazakhstan:
— Constitution of the Republic of Kazakhstan;
— Civil Code of the Republic of Kazakhstan;
— Code of the Republic of Kazakhstan “On Public Health and Healthcare System” dated July 7, 2020 No. 360-VI;
— Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015 No. 375-V;
— Code on Marriage (Matrimony) and Family dated December 26, 2011 No. 518-V;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 15, 2020 No. ҚР ДСМ-272/2020 “On Approval of the Rules and Conditions for the Use of Assisted Reproductive Methods and Technologies”;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 8, 2020 No. ҚР ДСМ-236/2020 “On Approval of the Rules and Conditions for Donation of Germ Cells and Reproductive Organ Tissues”;
— Labor Code of the Republic of Kazakhstan dated November 23, 2015 No. 414-V;
— Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code) dated December 25, 2017 No. 120-VI;
— Budget Code of the Republic of Kazakhstan dated December 4, 2008 No. 95-IV;
— Law of the Republic of Kazakhstan “On Permits and Notifications” dated May 16, 2014 No. 202-V;
— Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013 No. 94-V;
— Law of the Republic of Kazakhstan “On Consumer Protection” dated May 4, 2010 No. 274-IV;
— Law of the Republic of Kazakhstan “On Limited and Additional Liability Partnerships” dated April 22, 1998 No. 220-I;
— Law of the Republic of Kazakhstan “On Compulsory Social Health Insurance” dated November 16, 2015 No. 405-V;
— Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” dated February 28, 2007 No. 234-III;
— Law of the Republic of Kazakhstan “On Combating Corruption” dated November 18, 2015 No. 410-V;
— Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” dated July 11, 1997 No. 151-I;
— Resolution of the Government of the Republic of Kazakhstan dated October 16, 2020 No. 672 “On Approval of the List of the Guaranteed Volume of Free Medical Care and Recognition of Certain Decisions of the Government of the Republic of Kazakhstan as Invalid”;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated October 29, 2020 No. ҚР ДСМ-170/2020 “On Approval of the Rules for the Provision of Services by Healthcare Entities and the Standard Form of Agreement for the Provision of Paid Medical Services (Care).”

3.2. Place of provision of medical services: Aktau, Microdistrict 17, Building 23.

3.3. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the intended effect, since various complications may occur during and after the provision of services, both in the short and long term, and that the medical technology used cannot completely eliminate the possibility of side effects and complications caused by the biological characteristics of the body.

3.4. The Clinic/Provider provides services under this Agreement during its operating days and hours. Appointments are made daily during the Clinic’s operating hours for available time slots on any date, in accordance with the Clinic’s operating hours and the schedule of the relevant specialist.

Call center operating hours:
Monday – Friday: 08:00 to 20:00,
Saturday: 08:00 to 14:00.
Sunday: 08:00 to 15:00.

Outside the Clinic’s operating hours, online appointment requests are accepted only through the website.

Such information is processed during the first working hours of the call center operators.

Current telephone numbers are also available on the Clinic’s official online resource.

3.5. All specialist appointments are provided by prior appointment:
— through the Clinic’s website http:// www.ecomed.kz, after completing an online appointment request on the Clinic’s website;
— by calling the call center: +7 775 007 07 00;
— through administrators directly at the Clinic’s reception desk.

Patients may see a physician without a prior appointment subject to coordination with the Clinic’s reception desk or call center.

3.6. All incoming calls are handled by the call center, and all conversations with call center operators are recorded.

3.7. The duration of an appointment depends on the physician’s specialization and the type of appointment (initial/follow-up, consultation/examination, other services).

► An initial appointment may last from 30 (thirty) to 40 (forty) minutes. Within this range, the duration of each appointment is determined by the specialist.
► A follow-up appointment with a specialist may last from 20 (twenty) to 30 (thirty) minutes. Examinations may last from 15 (fifteen) to 20 (twenty) minutes.
► The duration of diagnostic examinations depends on the specific type of examination and may be up to 15 (fifteen) working days.

If emergency care must be provided to another Patient in serious condition, or another Patient requires an urgent examination, the appointment time may change.

Patients are seen by physicians according to schedules established by the Clinic. Physicians’ schedules may vary. A physician has the right to interrupt an appointment in order to provide emergency medical care to another Patient.

3.8. Appointments through the website. To submit an online appointment request through the website, the Patient must complete the relevant form and wait for a call from a call center operator confirming the appointment. If the request has not been confirmed within 24 hours during the call center’s operating hours, a technical failure may have occurred, and the Patient should resubmit the request or call the call center.

More detailed information may be obtained by calling the call center or contacting the reception desk.

3.9. If a Patient with an infectious disease visits the Clinic and an initial diagnosis of an infectious disease is established or such a disease is suspected, the Patient shall be referred to a specialized medical institution.

3.10. In order to maintain order and ensure safety, video surveillance is conducted in the halls and corridors of the Center in accordance with the Rules for the Use of Technical Control Devices, Monitoring and Recording Devices, and Photo and Video Equipment Used in Medical Organizations to Protect the Rights of Patients and Medical Workers, approved by the authorized body.

3.11. The Patient must carry an identity document and provide personal data, including full name, age, residential address, and contact telephone numbers. When receiving ART (assisted reproductive technology) services, the Patient must also provide documents confirming marital status and all other documents required for treatment and provision of services.

3.12. Payment shall be made at the Center’s cashier’s desk, either in cash or by bank card to the Clinic/Provider’s settlement account.

The conditions for providing medical services to citizens (Patients) referred by legal entities are: availability of a signed agreement; advance payment; availability of an application; referral; and an identity document of the referred Patient.

3.13. In the event of the unforeseen absence of a physician or other emergency circumstances, a call center specialist (administrator) shall notify the Patient at the earliest opportunity.

3.14. If the Patient is unable to attend an appointment at the agreed time, the Patient undertakes to notify the Clinic by telephone as soon as possible.

3.15. The Clinic has the right to refuse to provide services to a Patient, even if a prior appointment has been made, if the Patient is more than 15 (fifteen) minutes late. A physician may postpone a Patient’s scheduled appointment to a later time if necessary to complete medical care for the preceding Patient, but by no more than 1 (one) hour. A physician may change the order in which Patients are seen, even where appointments have been made in advance, if necessary to see a Patient in a more serious condition or to reduce other Patients’ contact with a Patient suffering from a respiratory infectious disease. If a physician’s appointment is canceled due to the physician’s health condition, the Clinic shall promptly notify the Patients scheduled to see that physician; however, the Clinic is not obliged to provide a replacement physician.

3.16. If the Patient/Customer arrives late for the scheduled medical service, the Clinic/Provider reserves the right to reduce the duration of the medical service or cancel the service entirely without refunding or recalculating the amount paid for it.

3.17. If diagnostic procedures (including aspiration, biopsy, injections, etc.) or surgical interventions are required, the Patient (or the Patient’s legal representative) undertakes to sign informed consent for the above procedures or to refuse them.

3.18. If Patients visit the Clinic and there are sufficient grounds to believe that harm to their health resulted from unlawful acts, the Clinic shall provide the relevant information to the law enforcement authorities of the Republic of Kazakhstan at the location of the medical organization.

3.19. The Patient must arrive 10 (ten) minutes before the scheduled appointment and carry an identity document required for preparing medical documentation. In accordance with Order No. ҚР ДСМ-175/2020 of the Acting Minister of Healthcare of the Republic of Kazakhstan dated October 30, 2020 “On Approval of Forms of Record-Keeping Documentation in the Field of Healthcare,” the Patient must provide personal data, including full name, Individual Identification Number (IIN), age, residential address, and contact telephone number, both when visiting the Clinic and when making an appointment in advance.

3.20. If the Patient is unable to attend the appointment at the agreed time, the Patient undertakes to notify the Clinic by telephone as soon as possible. A specific appointment time is allocated to each Patient. Late arrival or delays may reduce the quality of the service provided and cause delays for the next Patient.

3.21. If the Patient is late by more than 30% of the allotted appointment time, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.

3.22. The Patient may enter the office of a physician or other Clinic staff member only upon invitation. Entering a Clinic staff member’s office without invitation while an appointment is in progress is prohibited. Such conduct is regarded as a violation of the Clinic’s internal regulations and as disrespectful not only to Clinic staff but also to other Patients.

3.23. The Patient is informed that failure to comply with the instructions (recommendations) of the Clinic’s medical personnel may reduce the quality of the medical service provided, make it impossible to complete the service within the prescribed period, or adversely affect the Patient’s health.

3.24. If the Patient violates the Clinic’s internal regulations and rules of conduct, obstructs the lawful activities of medical workers, shows disrespect toward Clinic staff, including making negative statements about the Clinic’s physicians and personnel, behaves rudely toward staff, fails to comply with prescriptions, recommendations, or instructions of medical personnel, or in the event of psychological incompatibility manifested by a medical conflict between the Patient and physician, the Clinic has the right to terminate this Agreement from the moment such violations are identified, provided that discontinuation of medical services does not threaten the Patient’s life or the health of others. The cost of services actually provided shall not be refunded.

3.25. The Patient undertakes to observe the rules of personal hygiene.

3.26. During epidemics (acute respiratory viral infections and others), it is recommended to observe social distancing and use personal protective equipment, including gauze or other masks intended to protect against respiratory infections.

3.27. Before each invasive procedure, the Patient shall sign an informed consent form after reviewing its contents.

3.28. Medical reports concerning the Patient’s health, containing information about the diagnosis, the Patient’s physical condition, recommendations, and prescriptions for treatment and prevention, are the property of the Clinic if they were provided to the Patient by the Clinic’s medical personnel during their working hours. The Patient has the right to provide such medical reports to medical professionals of other healthcare organizations for the purpose of receiving medical care. Under this Agreement, the Patient and other persons are prohibited from publishing the Patient’s medical reports in mass media, social media, or online communication services, or from showing them to third parties without the Clinic’s approval, unless otherwise established by the legislation of the Republic of Kazakhstan.

3.29. Clinic personnel have the right to refuse service to the Patient in the event of non-compliance with the rules of conduct at the Clinic set forth in this Agreement.

3.30. During visits to the Clinic, Patients and accompanying persons must treat the Clinic’s property with care. In the event of damage to any property (destruction, deterioration, damage, etc.), the person responsible shall voluntarily compensate the Clinic for the damage within 7 (seven) working days from the date the claim is presented, or the administration has the right to recover such damages from the responsible person in accordance with the procedure established by law.

3.31. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the intended effect, since various complications may occur during and after medical services, both in the short and long term, and that the medical technology used cannot completely eliminate the possibility of side effects and complications caused by the biological characteristics of the body.

3.32. Internal regulations and rules of conduct at the Clinic. While visiting and remaining on the premises of the medical institution, it is prohibited to:
— interfere with the actions of the attending physician or perform other actions that disrupt the process of providing medical care;
— show disrespect toward other Patients or Clinic employees;
— damage Clinic property;
— disturb the peace and order in the Clinic, make excessive noise, slam doors, etc.;
— use a mobile phone during appointments and medical procedures;
— use obscene language, insult or behave rudely toward Clinic personnel or other persons present at the Clinic, or engage in disputes with them in the presence of others;
— insult or offend the honor and dignity of Clinic employees and other Patients, threaten them, or exert pressure on Clinic personnel or other Patients.

3.33. While on the Clinic premises and adjacent territory, the Patient, the Patient’s legal representative, and accompanying persons are strictly prohibited from:
— consuming alcoholic beverages, narcotic or other intoxicating substances, or smoking on the porch or in any premises of the Clinic;
— throwing litter, cigarette butts, personal hygiene products, shoe covers, other medical supplies, or used medications on the floor.

3.34. In the event of inappropriate, unacceptable, or aggressive behavior by the Patient, the Patient’s legal representatives, or accompanying persons, including violent or disorderly conduct, rude statements directed at medical personnel, or being under the influence of alcohol or narcotics, the Clinic administration reserves the right to refuse further observation and treatment of the Patient.

3.35. Cleanliness and order must be maintained on the Clinic premises. Waste and used personal hygiene products must be disposed of only in waste bins, while used shoe covers must be placed in the designated bin located in the Clinic lobby.

3.36. During an epidemiological situation, the Patient, the Patient’s legal representative, and accompanying persons are advised to use personal protective equipment, including gauze or other masks intended to protect against respiratory infections.

3.37. The Clinic’s management and personnel have the right to refuse service, observation, treatment, or medical services to a Patient in the event of non-compliance with the above internal regulations and rules of conduct.

4. PAYMENT PROCEDURE

4.1. Payment for services shall be made in full at the cashier’s desk on the day the service is provided, prior to the initial/follow-up specialist appointment. Payment may be made in cash or by cashless payment.

An initial appointment means the first visit to a particular specialist physician within one month;

A follow-up appointment includes all subsequent visits by the Clinic Patient to the same specialist physician during the same month.

4.2. The cost of paid medical services provided to the Patient/Customer shall be determined in accordance with the Clinic/Provider’s price list for paid medical services effective at the time the Patient seeks care.

4.3. Medical services shall be paid for by the Patient/Customer personally (or, with the Patient’s consent, by another person) in full on the day the services commence, in accordance with the applicable Price List.

4.4. In the event of a justified refusal by the Patient/Customer to undergo examination or treatment by submitting a written application addressed to the head of the Clinic, the amount paid for medical services shall be refunded to the Patient/Customer upon presentation of the Patient’s identity document and receipt, except in cases provided for by a separate agreement concluded between the Clinic and the Patient.

4.5. In the event of early termination of a service, the Clinic/Provider shall refund to the Patient/Customer the difference between the amount paid and the cost of services actually provided, except where the Patient/Customer has violated the terms of the Agreement.

4.6. The Patient must pay for the Clinic’s services before receiving them. If additional services are prescribed by the Clinic’s medical personnel during the provision of medical care, the Patient undertakes to pay for them after they are provided, but no later than 30 (thirty) minutes after receiving them. Payment may be made in cash or by cashless payment.

4.7. Payment for the Clinic’s services shall be made only in the national currency of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan “On Currency Regulation and Currency Control.”

5. RIGHTS AND OBLIGATIONS OF THE CLINIC/PROVIDER

5.1. When providing medical services, the Clinic/Provider shall:

5.1.1. Provide medical services in accordance with the current healthcare legislation of the Republic of Kazakhstan, the licenses held by the Clinic/Provider, procedures for providing medical care, and applicable standards of medical care;

5.1.2. Comply with regulatory legal acts in the field of healthcare;

5.1.3. Provide the Patient/Customer with an opportunity to review the Price List applicable during the period in which medical services are provided under this Agreement;

5.1.4. Ensure that medical services are provided in accordance with clinical protocols for the diagnosis and treatment of diseases and, in the absence of clinical protocols, in accordance with generally accepted approaches and evidence-based medicine, based on medical indications;

5.1.5. Ensure the provision of medical care free of charge if, during the provision of paid medical services, additional medical services are required on an emergency basis to eliminate a threat to the Patient’s life in the event of sudden acute diseases, conditions, or exacerbations of chronic diseases, in accordance with the Code of the Republic of Kazakhstan dated July 7, 2020 “On Public Health and Healthcare System” (hereinafter referred to as the “Code”);

5.1.6. Provide the Patient with free, accessible, and reliable information, including information about the location of the Clinic (place of its state registration), operating hours, the list of medical services provided, and the terms and conditions for providing and receiving such services.

5.1.7. Inform and notify the Patient:
— of the impossibility of providing certain types of services;
— of the need to arrange emergency or planned inpatient treatment for the Patient;
— of contraindications and possible adverse consequences associated with a particular type of service;
— of unilateral termination of the Agreement in the event of violation of the internal regulations and rules of conduct.

5.1.9. Provide the Patient with direct access to medical documentation reflecting the Patient’s health condition and, upon written request of the Patient or the Patient’s legal representative, provide copies of medical documents reflecting the Patient’s health condition;

5.1.10. Provide the Patient with medical documentation and health reports indicating examinations performed and therapeutic measures taken in accordance with the legislation of the Republic of Kazakhstan.

5.1.11. Maintain the required sanitary, hygienic, and anti-epidemic standards on its premises while providing medical services;

5.1.12. Facilitate compliance by personnel with the Code of Honor.

5.1.13. Treat the Patient/Customer respectfully and humanely;

5.1.14. Provide high-quality medical services using modern diagnostic and treatment methods, in full accordance with this Agreement, after the Patient/Customer has made payment in accordance with Section 4 of this Agreement and provided documents confirming payment;

5.1.15. Keep records of the types, volumes, and cost of medical services provided to the Patient/Customer, as well as funds received from the Patient/Customer.

5.2. When providing medical services, the Clinic/Provider has the right to:

5.2.1. Independently determine the scope of medical services required to establish a diagnosis and provide treatment, guided by clinical diagnostic and treatment protocols, procedures and standards for medical care approved by the Ministry of Healthcare of the Republic of Kazakhstan, or, in the absence of relevant clinical protocols, by the experience of its physicians, generally accepted approaches, and evidence-based medicine based on medical indications and the capabilities of the clinical facilities.

5.2.2. Engage third parties (co-contractors) to perform its obligations under this Agreement.

5.2.3. Unilaterally terminate treatment early if the Patient/Customer fails to comply with medical prescriptions, violates the required regimen, the rules governing presence at the Clinic, or the internal regulations.

5.2.4. Refrain from providing paid services until the Patient has fulfilled the payment obligations for medical services;

5.2.5. Refuse to provide services:
— if contraindications to therapeutic or diagnostic procedures are identified;
— if the Patient fails to comply with the Clinic’s recommendations;
— if the Patient refuses to complete/sign documents required for the provision of specific services (voluntary informed consent to medical intervention, etc.);
— if the Patient violates the Clinic’s internal regulations or the rules of conduct set forth in this Agreement;
— if safe provision of the medical service cannot be ensured.

5.2.6. If the Patient/Customer refuses services that, in the opinion of the Clinic/Provider, could reduce or eliminate a threat to the Patient/Customer’s health, obtain a written acknowledgment of refusal of medical care after explaining the possible consequences of such refusal for the Patient/Customer’s health.

5.2.7. Change the time at which services are provided upon prior agreement with the Patient, see a Patient with symptoms of an acute illness without waiting in the regular queue, and replace the attending physician;

5.2.8. If the Patient is more than 15 (fifteen) minutes late for the scheduled service, reschedule or cancel the Patient’s appointment;

5.2.9. Store and process Patients’ personal data and use such data in anonymized form in accordance with the law.

5.2.10. Provide medical care without the Patient’s consent in cases provided for by the Health Code of the Republic of Kazakhstan.

6. RIGHTS AND OBLIGATIONS OF THE PATIENT/CUSTOMER

6.1. The Patient/Customer undertakes to:

6.1.1. Comply with the Clinic’s internal regulations and rules of conduct for Patients, as well as the rules established by Ecomed-Kaspi LLP.

6.1.2. Timely and accurately comply with medical prescriptions, instructions, and recommendations of the attending physician and relevant specialists providing treatment, examinations, and medical services; comply with the Clinic/Provider’s Internal Regulations, therapeutic and protective regimen, safety regulations, and fire safety regulations;

6.1.3. Cooperate with the physician (medical personnel) at all stages of medical care.

6.1.4. During the term of this Agreement, refrain from self-treatment, following recommendations or receiving treatment from healers, alternative medicine practitioners, or physicians from other medical organizations without first coordinating such actions with the physician;

6.1.5. Treat medical workers and other persons involved in providing medical care with respect and respect the rights of other Patients.

6.1.6. Familiarize themselves with the procedure and conditions for providing medical services under this Agreement;

6.1.7. Pay the cost of medical services before they are provided in accordance with the Price List approved by the Clinic/Provider, in the manner specified in Section 4 of this Agreement, and only through the Clinic/Provider’s cashier’s desk;

6.1.8. Provide the person delivering medical care with the necessary and accurate information required for the proper provision of medical services, including personal data; information concerning the Patient’s health and the health of close relatives; medical history; hereditary, previous, or current diseases; infections; surgeries; possible contraindications, including contraindications to medications; individual characteristics of the body; harmful habits and occupational hazards; allergic reactions; and other required documents. The Patient shall also provide the results of previous examinations and specialist consultations conducted outside the Clinic/Provider, if available, as well as all other known information concerning the Patient’s health and other factors that may affect the course of treatment.

6.1.9. The Patient must understand that deliberate distortion of information concerning the Patient’s health may affect the accuracy of the diagnosis and prescribed treatment and may influence the prognosis for recovery.

6.1.10. The Patient must immediately inform the attending physician of any deterioration in health and, while undergoing treatment, report any changes in well-being and immediately inform the physician of any adverse circumstances that may have caused harm to the Patient’s health;

6.1.11. In the absence of the attending physician, provide such information to an employee of the Clinic’s reception desk or call center.

6.1.12. Provide contact information (email address, telephone numbers, actual residential address), personal data, and, where necessary, information and documents confirming marital status;

6.1.13. If refusing services that, in the opinion of the Clinic/Provider’s physicians, could reduce or eliminate a threat to the Patient/Customer’s health, provide an appropriate written acknowledgment of refusal of medical care;

6.1.14. If the Patient/Customer fails to attend and/or is more than 15 (fifteen) minutes late for the scheduled service, the Clinic/Provider reserves the right to reschedule or cancel the service.

6.1.15. If the Patient conceals or provides incomplete information concerning the Patient’s health, the Clinic/Provider shall not be responsible for the outcome of treatment;

6.1.16. During epidemics or quarantine, observe social discipline and use protective equipment, including gauze or other masks intended to protect against respiratory infections.

6.1.17. Treat the Clinic’s property with care.

6.1.18. The Patient must comply with the rules set forth in this Agreement.

6.2. When seeking and receiving medical care, the Patient has the right to:

6.2.1. Choose an attending physician from among those working in the department and request transfer to another attending physician where an appropriate alternative is available;

6.2.2. Respectful treatment by Clinic employees and other persons involved in providing medical care.

6.2.3. Request from the Clinic/Provider the necessary medical information and supporting documents concerning the Patient’s health.

6.2.4. Request additional explanations from the Clinic/Provider regarding the Patient’s health condition and proposed diagnostic and treatment methods if previously provided explanations were not understood.

6.2.5. Receive information about the surname, first name, patronymic, position, professional experience, and qualification level of the attending physician and other persons directly involved in providing medical care;

6.2.6. Examination and treatment under conditions that comply with sanitary, hygienic, and anti-epidemic requirements;

6.2.7. Voluntary informed consent to medical intervention in accordance with applicable legislation;

6.2.8. The Patient or the Patient’s legal representative has the right to refuse medical intervention or request its termination, except in cases provided for by law. In the event of refusal of medical intervention, the Patient or the Patient’s legal representative must be informed in an accessible manner of the possible consequences. Refusal of medical intervention, indicating the possible consequences, shall be documented in the medical records and signed by the Patient or the Patient’s legal representative and by a medical worker;

6.2.9. Apply to the Internal Audit and Patient Support Service, Clinic officials, regulatory and/or supervisory authorities, or a court;

6.2.10. Non-disclosure by personnel outside the Clinic of information concerning the fact that the Patient sought medical care, the Patient’s health condition, diagnosis, or other information obtained during examination and treatment, except in cases provided for by law.

6.2.11. Receive, in an accessible form, complete information about the Patient’s health condition and the diagnostic and treatment methods used, including information on examination results, the presence of a disease, its diagnosis and prognosis, treatment methods and associated risks, possible options for medical intervention and their consequences, and the results of treatment; information on possible risks and benefits of proposed and alternative treatment methods; possible consequences of refusing treatment; information on the diagnosis, prognosis, and treatment plan; explanations of the reasons for discharge home or transfer to another medical organization; an independent opinion concerning the Patient’s health; and a medical consultation.

6.2.14. The Patient may designate a person to whom information concerning the Patient’s health should be disclosed. Depending on the Patient’s health condition, health information may be withheld from the Patient and disclosed to the Patient’s spouse, close relatives, or legal representatives.

7. CONFIDENTIALITY

7.1. For the purposes of performing this Agreement, in accordance with Articles 7 and 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013 No. 94-V, the Patient provides the Clinic with personal data, including surname, first name, patronymic, date of birth, identity document details, Individual Identification Number, registered and actual residential addresses, contact details, documents confirming marital status where required, and other information, and consents to the processing by Clinic personnel of such personal data, as well as special personal data concerning the Patient’s health, for the purpose of receiving services provided by the Clinic. This consent applies to any actions involving the Patient’s personal data necessary to achieve the above purposes, including, without limitation, collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer), anonymization, blocking, destruction, and any other actions involving personal data in accordance with applicable law. The Patient also consents to photo, video, and audio recording at the Clinic. Personal data shall be processed by the Clinic using the following methods: automated processing of personal data and processing of personal data without automated means (non-automated processing).

7.2. The Parties mutually undertake to keep confidential any information received from the other Party in connection with the performance of this Agreement.

7.3. The Parties shall ensure that access to such information is granted only to persons directly involved in performing obligations under the Agreement.

7.4. The Parties undertake not to disclose to third parties not involved in providing the Services, or use for purposes other than proper performance of obligations under the Agreement, any information received from the other Party pursuant to or in connection with the Agreement without the written consent of the Party that provided such information, except for information already obtained by the receiving Party before receiving it under the Agreement;

7.5. Transfer of information to third parties or other disclosure outside the Clinic of information recognized as confidential under this Agreement may be carried out only after obtaining the written consent of the other Party, except where such consent is not required by law.

7.6. With the consent of the Patient or the Patient’s representative, information constituting medical confidentiality may be disclosed to persons outside the Clinic, including officials, where this is in the Patient’s interests for examination and treatment, except in cases where such consent is not required by law.

7.7. Information contained in the Patient’s medical records and constituting medical confidentiality may be disclosed without the consent of the Patient or the Patient’s representative for the purpose of examination and treatment of a Patient who, due to the Patient’s condition, is unable to express their will, as well as in other cases provided for by the legislation of the Republic of Kazakhstan.

7.8. Medical examination results shall be communicated to Patients by Clinic personnel either personally, through mobile or other applications, or by electronic means of communication, strictly at the Patient’s request and using the contact details provided by the Patient during registration.

7.9. The Patient/Customer gives consent to the processing of personal data and informed consent to the provision of services at the Clinic’s reception desk by signing on an automated device using an electronic digital signature (EDS) key or by another method not prohibited by law.

7.9.1. By signing this Agreement, the Patient/Customer accepts its terms and consents to the processing of personal data by the Clinic/Provider.

7.9.2. By signing this Agreement, the Patient/Customer consents to audio, photo, and video recording on the premises of the Clinic/Provider, as well as to the publication of audio, photo, and video materials on the official website of the Clinic/Provider. 7.10.3. I have read and accept the terms of the Public Agreement for the Provision of Medical Services and confirm the conclusion of the Public Agreement for the Provision of Medical Services published on the Clinic/Provider’s website http://www.ecomed.kz.

8. LIABILITY

8.1. A Party that fails to perform or improperly performs its obligations under this Agreement shall be liable in accordance with the current legislation of the Republic of Kazakhstan.

8.2. The Clinic shall be released from liability for failure to perform or improper performance of this Agreement where such failure was caused by the Patient’s violation of the terms of this Agreement, as well as on other grounds provided for by the legislation of the Republic of Kazakhstan.

8.3. The Clinic shall not be liable for consequences associated with documents, including personal documents, and/or information provided by the Patient if such documents or information are inaccurate, fraudulent, incorrect, etc.

8.4. The Clinic/Provider shall not be liable for the quality of medical services in cases where the Patient/Customer provides incomplete information concerning the Patient’s health or where circumstances are caused by medical indications.

8.5. The Clinic/Provider shall not be liable for harm caused to the Patient/Customer’s health or for the absence of recovery if such events occurred as a result of the Patient/Customer’s failure to comply with medical prescriptions.

8.6. If the Patient/Customer fails to comply with the recommendations and requirements of the Clinic’s medical personnel 2 (two) or more times, or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally and out of court and to discontinue the provision of medical services.

8.7. A Party that believes its rights under this Agreement have been violated has the right to send the other Party a written claim setting out its complaints. The Party receiving the claim shall respond in accordance with the procedure established by law.

8.8. The Clinic shall not be liable for the outcome of services provided in the following cases:
— failure by the Patient to comply with treatment recommendations or other actions aimed at worsening the Patient’s health;
— provision of services at the Patient’s insistence in the absence of medical indications;
— failure to complete the treatment plan due to the Patient’s non-attendance or refusal to continue treatment;
— occurrence of previously unidentified allergies or intolerance to medications or medical devices approved for use;
— medical intervention by third parties after the Clinic has provided its services;
— the Patient’s informed refusal to continue treatment where the Patient was warned that the medical services actually provided in such circumstances might be ineffective;
— the Patient’s subsequent health condition and complications associated with refusal of treatment in general or individual medical interventions;
— side effects resulting from the use of medications and pharmaceutical products where the possibility of such side effects was indicated by the manufacturer in the accompanying instructions;
— failure by the Patient to inform the physician of previous diseases, allergic reactions, or contraindications where the ineffectiveness of the medical service or harm caused resulted from the physician’s lack of such information.

8.9. The Clinic/Provider shall be responsible for the proper scope and quality of services;

8.10. The Parties shall be released from liability for partial or complete failure to perform, or improper performance of, their obligations under this Agreement if such failure results from force majeure or other circumstances beyond their control (natural disasters, epidemics, military actions, strikes, decisions adopted by competent authorities, etc.) preventing performance of obligations under this Agreement.

8.11. The Patient/Customer shall be liable for obstructing the lawful activities of medical and/or pharmaceutical workers, violating quarantine requirements, sanitary rules and hygiene standards, and committing administrative offenses affecting public order and morality in the Republic of Kazakhstan, for which penalties and liability are provided. The Patient/Customer shall also be liable for disseminating information that defames and/or discredits the Clinic/Provider and/or its clients in mass media, social networks, and/or other mass communication systems, including messengers and chats, in relation to the Services.

8.12. If the Patient/Customer violates the payment terms for medical services, the Clinic/Provider may impose contractual penalties. If the Patient has outstanding debt for services provided by the Clinic, the Clinic has the right to suspend further services under this Agreement until the Patient has paid in full for services already provided.

8.13. If the Patient causes damage to the Clinic’s property, the Patient must compensate the damage in full. 8.15. In all other cases, the Parties shall bear liability in accordance with the current legislation of the Republic of Kazakhstan.

9. AMENDMENT OF THE AGREEMENT

9.1. The terms of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic/Provider’s website and on a paper copy available at the Clinic’s reception desk. Amendments shall enter into force upon their public posting. In the event of discrepancies between versions, the version available at the Clinic’s reception desk shall prevail.

10. TERM OF THE AGREEMENT

10.1. This Public Offer Agreement enters into force on the date of its public posting and remains valid until January 3, 2027, and, in particular, until the Parties have fulfilled their obligations or the Agreement is terminated. Under the terms of the Agreement, if its provisions are violated, the Clinic has the right to terminate it unilaterally by sending written notice to the other Party. Accordingly, termination of the Agreement does not require the mandatory signing of a termination agreement or written confirmation of consent to termination by the other Party. The Agreement shall be deemed terminated from the moment the notice is sent to the Patient.

11. PROCEDURE FOR RESOLVING DISPUTES AND CONFLICT SITUATIONS

11.1. The procedure for reviewing cases (events) involving medical incidents, as well as their recording and analysis, shall be determined on the basis of an order approved by the authorized healthcare authority.

11.2. If the Patient’s rights are violated, the Patient or the Patient’s legal representative may submit a written claim through the reception desk for consideration by the head of the Clinic. The claim may also be entered in the Book of Reviews and Suggestions or submitted electronically through the Clinic’s website. To facilitate a prompt response, the Patient is advised to provide a contact telephone number to the Internal Audit and Patient Support Service. The request shall be considered in accordance with the procedure established by law.

11.3. A claim shall be reviewed within 3 (three) to 20 (twenty) working days from the date it is received by the Clinic. A written response shall be sent to the Patient by mail to the address specified by the Patient or, at the Patient’s request, may be handed to the Patient personally at an agreed time or explained orally. A response to a claim submitted through the Clinic’s website shall be sent electronically to the email address specified by the Patient.

11.4. For all questions, complaints, and suggestions, the Patient may contact the Internal Audit and Patient Support Service or the head of the Clinic.

11.5. The Parties undertake to resolve all disputes arising under this Agreement through negotiations between the Parties and/or their representatives, as well as through mediation. Any disputes not resolved by the Parties in connection with the performance of this Agreement shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.

12. PRICING POLICY

12.1. The cost of services, except for services provided under a state-funded program, shall be determined independently by the Clinic and specified in the Clinic’s price list approved by order of the Clinic Director. Information on the prices of the Clinic’s services published on the official website shall always correspond to the information contained in the Clinic’s price list.

12.2. The Clinic does not provide discounts on its services on social grounds, including disability, retirement age, or status as a mother of many children.

12.3. The Clinic may provide discounts on individual services or all services as part of temporary promotions announced on its website, social media pages, at the reception desk, or by any other means. The Clinic has the right to provide discounts to individual Patients based on their applications supported by official documents, which shall be reviewed by the Clinic Director.

13. FORCE MAJEURE

13.1. A Party shall be released from liability for partial or complete failure to perform, or improper performance of, an obligation if such failure results from force majeure circumstances arising after conclusion of the Agreement as a result of extraordinary events that the Party could neither foresee nor prevent.

13.2. For the purposes of the Agreement, “force majeure” means an event beyond the control of the Parties and of an unforeseeable nature. Such events may include, without limitation: war, military actions, natural disasters, flooding, fire, earthquakes, epidemics, and decisions of state authorities or administrative bodies.

13.3. The Parties acknowledge that insolvency of either Party does not constitute a force majeure circumstance.

13.4. The Parties shall not be liable for failure to perform the terms of the Agreement where such failure results from force majeure circumstances.

13.5. The Clinic/Provider shall not be liable for penalties or termination of the Agreement due to failure to perform its terms where delay in performance results from force majeure circumstances.

13.6. Upon the occurrence of force majeure circumstances, the Clinic/Provider must immediately send the Patient/Customer written notice of such circumstances and their causes. Unless the Patient/Customer provides other written instructions, the Clinic/Provider shall continue performing its obligations under the Agreement to the extent reasonably practicable and shall seek alternative means of performing the Agreement that are not affected by the force majeure circumstances.

14. PROCEDURE FOR PROVIDING INFORMATION ABOUT THE PATIENT’S HEALTH CONDITION

14.1. Every citizen has the right to receive, in an accessible form, available information concerning their health condition, including information on examination results, the presence of a disease, its diagnosis and prognosis, treatment methods and associated risks, possible options for medical intervention, their consequences, and the results of treatment provided.

14.2. Information concerning the Patient’s health shall be provided in an accessible form consistent with medical ethics by the attending physician or other Clinic officials. The information must include examination results, the presence of a disease, diagnosis and prognosis, examination and treatment methods and associated risks, possible options for medical intervention and their consequences, as well as the results of treatment and possible complications. Health information may not be provided to a citizen against their will. In cases involving an unfavorable prognosis, the information must be communicated sensitively to the citizen and the citizen’s family members unless the citizen has prohibited disclosure to them and/or designated another person to whom such information should be provided.

14.3. For minors under the age of 18 and persons declared legally incapacitated in accordance with the procedure established by law, information concerning the Patient’s health shall be provided to their legal representative.

14.4. Information contained in medical documentation constitutes medical confidentiality and may be disclosed without the consent of the Patient or the Patient’s legal representatives only on the grounds provided for by current legislation.

15. PROCEDURE FOR ISSUING TEMPORARY DISABILITY CERTIFICATES, CERTIFICATES, AND EXTRACTS FROM MEDICAL RECORDS TO THE PATIENT AND/OR OTHER PERSONS

15.1. The procedure for issuing documents certifying temporary incapacity for work, as well as extracts from medical records, is governed by current legislation.

15.2. Temporary incapacity for work shall be certified by a temporary disability certificate in the prescribed form, the procedure for issuance of which is approved by Order No. ҚР ДСМ-198/2020 of the Minister of Healthcare of the Republic of Kazakhstan dated November 18, 2020 “On Approval of the Rules for Conducting an Examination of Temporary Incapacity for Work and Issuing a Temporary Disability Certificate or Statement.”

15.3. When an embryo transfer is performed, the temporary disability certificate and statement shall be issued by the medical organization that performed the procedure.

15.4. At the Patient’s request, a medical certificate or an extract from the medical record may be issued. A copy of the medical record may be provided based on the Patient’s written application.

16. Final Provisions

16.1. Without contradicting the terms of the Offer, the Patient/Customer and the Clinic/Provider have the right at any time to execute an agreement for the provision of paid medical services in the form of a written bilateral document.

16.2. This Agreement is concluded through the Patient/Customer’s acceptance of the Clinic/Provider’s public offer and remains in effect until the Parties have fully performed their respective obligations. The Clinic/Provider reserves the right to amend the terms of the offer or withdraw the offer at any time at its discretion, subject to mandatory notification of the Patient/Customer no later than 5 (five) working days before the amendments or withdrawal take effect.

16.3. The Patient/Customer agrees and acknowledges that amendments to the offer result in corresponding amendments to the Agreement concluded and in effect between the Parties, and such amendments to the Agreement shall enter into force simultaneously with the corresponding amendments to the offer. The Patient/Customer hereby confirms that they possess all legal rights and authority necessary to enter into the Agreement.

16.4. The Patient/Customer’s ordering or receiving services after amendments have been made to the Agreement (public offer) shall be unequivocally understood by the Clinic/Provider and the Patient/Customer as acceptance of such amendments.

16.5. The terms of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic/Provider’s website and/or on paper at the Clinic/Provider’s location. Amendments shall enter into force from the moment they are publicly posted.

16.6. In all matters not provided for by this Agreement, the Parties shall be governed by the current legislation of the Republic of Kazakhstan.

17. DETAILS AND SIGNATURES OF THE PARTIES

17.1. The Parties unconditionally agree that the Patient/Customer’s details shall be deemed to be the information provided by the Patient/Customer when making an appointment for a physician consultation and examination.

17.2. Clinic/Provider:
Ecomed-Kaspi LLP
BIN 160540012558
IBAN KZ916017231000002415
BIC HSBKKZKX
Halyk Bank of Kazakhstan JSC

Legal address: Aktau, Microdistrict 17, Building 23, Office 37
Actual address: Aktau, Microdistrict 17, Building 23, Office 37
Director: Nazgul Yersainovna Dikhanova
Tel.: 8 (7292) 301 800
ecomed_zhadyra@mail.ru

Appendix 1

to the Open (Public) Offer Agreement
for the Provision of Medical Services

dated July 5, 2022

Rules of Conduct for Patients and Their Legal Representatives at the Clinic

1. In order to maintain order and ensure safety, audio and/or video surveillance is conducted in the Clinic’s halls.

1.1. All conversations with the Clinic’s call center operators are recorded.

2. Visits to the Clinic are subject to the following rules:

2.1. Upon entering the Clinic, it is recommended to put on shoe covers or change into indoor footwear.

2.2. During the cold season, the Patient must leave outerwear in the cloakroom. Entering a medical office while wearing outerwear is prohibited at any time of the year.

2.3. A specific appointment time is allocated to each Patient. Late arrival and delays may reduce the quality of the service provided and delay the next Patient’s appointment. If a Patient is late by more than 30% of the allotted appointment time, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.

2.4. The Patient may enter the physician’s office only upon invitation. Entering the physician’s office without invitation while an appointment is in progress is prohibited.

2.5. Accompanying persons, except for the Patient’s legal representatives, may remain in the physician’s office only with the attending physician’s permission and provided that they comply with all requirements and instructions of the physician, except in cases provided for by current legislation.

2.6. All visitors (Patients, legal representatives, and accompanying persons) must observe the rules of personal hygiene.

2.7. The Patient has the right to obtain from the attending physician, anesthesiologist, reproductive medicine specialist, gynecologist, urologist-andrologist, etc., all information of interest concerning the proposed examination, treatment, and/or surgical intervention.

2.8. The Patient must immediately inform the attending physician of any deterioration in health. If the attending physician is unavailable, this information must be provided to an employee of the Clinic’s reception desk.

2.9. Cleanliness and order must be maintained on the Clinic premises. Waste and used personal hygiene products must be disposed of only in waste bins, while used shoe covers must be placed in the designated bin located in the Clinic lobby.

2.10. During epidemics, Patients must observe social discipline and use personal protective equipment, including gauze or other masks intended to protect against respiratory infections.

2.11. During visits to the Clinic, Patients and accompanying persons must treat the Clinic’s property with care.

2.12. Clinic personnel have the right to refuse service to a Patient in the event of non-compliance with these rules of conduct and all terms of this Agreement.

2.13. The Clinic shall not be responsible for personal belongings, valuables, telephones, or money that have not been deposited for safekeeping.

2.14. In the event of damage to any property (destruction, deterioration, damage, etc.), the responsible person shall voluntarily compensate the medical center for the damage within 7 (seven) working days from the date the claim is presented, or the Clinic administration has the right to recover such damages from the responsible person in accordance with the procedure established by law.

3. The following are strictly prohibited:
— using obscene language;
— behaving rudely toward Clinic personnel or other persons present at the Clinic, or engaging in disputes with them in the presence of others;
— shouting, speaking loudly, making excessive noise, or slamming doors;
— recording video in a healthcare organization during an epidemic, quarantine regime, or state of emergency;
— talking on the telephone during appointments and procedures;
— throwing litter or shoe covers on the floor or running through the Clinic;
— acting as a sales representative or engaging in any form of trade;
— consuming alcoholic beverages, smoking on the porch or anywhere inside the Clinic, or consuming other substances that alter consciousness or behavior.

The following shall be considered violations:
● rude and disrespectful treatment of personnel, other Patients, or other persons;
● violation of the rights and legitimate interests of other Patients;
● failure to attend or late arrival for a physician’s appointment or procedure;
● failure to comply with the physician’s recommendations;
● failure to comply with the requirements of medical personnel while they perform various procedures;
● taking medications at one’s own discretion;
● smoking inside the Clinic or on its premises (Prohibited!);
● violation of the internal regulations and rules of conduct set forth in the Agreement;
● being on the Clinic premises while under the influence of alcohol or narcotics.

Clinic personnel have the right to refuse to provide medical care to a Patient in the event of non-compliance with these rules of conduct and all terms of this Agreement.

In the event of unlawful or inappropriate behavior by the Patient, rude statements directed at another Patient or medical personnel, the Patient being under the influence of alcohol or narcotics, or violation of these Rules, the Clinic administration reserves the right to refuse further observation and treatment of the Patient, provided that this does not threaten the Patient’s life (except in emergency cases), and to discharge the Patient with an appropriate notation in the temporary disability certificate and medical record concerning violation of the prescribed regimen and rules of conduct.

The Clinic administration shall not be responsible for valuables that have not been deposited for safekeeping.

Appendix 2

to the Open (Public) Offer Agreement
for the Provision of Medical Services

dated January 20, 2020

Feedback

We are very grateful to our Consumers/Clients for their feedback on our work and for suggestions on how to improve services at the Clinic.

Each request is reviewed individually by the Clinic’s management, with a mandatory response provided within 30 (thirty) working days.

Feedback on the work of the Clinic’s team of specialists, as well as comments and suggestions, may be submitted in any convenient way:

* on the Clinic’s website (the “Reviews” section); 2GIS, etc.

at the Clinic:

* — through the Book of Reviews and Suggestions available at the reception desk;
* by email (info@ecomed.kz with the subject “Reviews and Suggestions”).

The Center’s social media pages:
• Instagram KZ – https://www.instagram.com/ecomed.kz
• Instagram Aktau — https://www.instagram.com/ecomed_aktau/
• TikTok — https://www.tiktok.com/@ecomed.aktau

The Patient may also contact the Internal Audit and Patient Support Service and/or the head of the Clinic regarding any questions or suggestions, as well as the heads of the medical and reception departments:

* Director: Nazgul Yersainovna Dikhanova;
* Senior Nurse: Samal Amankosovna Kulova
* Accountant: Zhadyra Bakbergenkyzy Shaikhiyeva
* Head of the Internal Audit and Patient Support Service: Nazgul Yersainovna Dikhanova

Ecomed-Kaspi LLP
BIN 160540012558
IBAN KZ916017231000002415
BIC HSBKKZKX
Halyk Bank of Kazakhstan JSC

Legal address: Aktau, Microdistrict 17, Building 23, Office 37
Actual address: Aktau, Microdistrict 17, Building 23, Office 37
Director: Nazgul Yersainovna Dikhanova
Tel.: 8 (7292) 301 800
ecomed_zhadyra@mail.ru