Public offer
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PUBLIC OFFER AGREEMENT
FOR THE PROVISION OF MEDICAL SERVICES
Republic of Kazakhstan, Astana “03” January 2022
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 Plus Limited Liability Partnership, in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan.
1.2. Acceptance of this 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 at Ecomed Plus LLP.
1.4. Ecomed Plus 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. Full and unconditional acceptance of the terms and conditions of this Agreement, as well as the date of conclusion of the Agreement, shall be evidenced by the Patient/Customer taking actions to fulfill the terms of the Agreement, including, in particular, receiving the service(s) and/or paying for them.
1.9. Acceptance by individuals wishing to accept this Offer shall be made by performing any 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 Matter of the Agreement
2.1. Under this Public Offer to enter 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 its valid state licenses to conduct medical activities and applicable regulatory legal acts in the healthcare sector of the Republic of Kazakhstan. The Patient/Customer undertakes to pay for the services provided in a timely manner and to comply with the requirements and recommendations of the Clinic’s specialists necessary to ensure the proper provision of medical services. 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 applicable 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 Protection of Consumer Rights” 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 the Agreement for the Provision of Paid Medical Services (Care).”
3.2. Place of provision of medical services: Astana, 1 Saryarka Avenue, Office 3.
3.3. The Patient acknowledges and agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the desired result, as various complications may occur during or after the provision of services, both in the short and long term. The Patient also acknowledges that the medical technologies used cannot completely eliminate the possibility of side effects and complications resulting from the biological characteristics of the human body.
3.4. The Clinic/Provider provides services under this Agreement during its established working days and hours. Appointments may be scheduled during the Clinic’s working hours for any available time and date, subject to the Clinic’s operating hours and the schedule of the relevant specialist.
Call center operating hours:
Monday–Friday: 08:00–20:00;
Saturday: 08:00–14:00;
Sunday: 08:00–15:00.
Outside the Clinic’s working hours, online appointment requests are accepted only through the website.
Such requests are processed during the first working hours of the call center operators.
Current telephone numbers are also published on the Clinic’s official website.
3.5. All specialist consultations are provided by appointment:
— through the Clinic’s website http://www.ecomed.kz by completing the online appointment request form;
— through the call center at +7 775 007 07 00;
— through administrators directly at the Clinic’s reception desk.
Patients may be admitted to 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 specialty and the type of appointment (initial/follow-up consultation, examination, or other services).
► An initial consultation may last from 30 (thirty) to 40 (forty) minutes. Within this range, the duration of each consultation is determined by the specialist.
► A follow-up specialist consultation 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) business days.
If emergency medical care must be provided to another patient in serious condition, or another patient requires an urgent examination, the scheduled appointment time may be changed.
Patients are seen by physicians according to schedules established by the Clinic. Physicians’ schedules may vary. A physician has the right to interrupt a Patient’s appointment 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 working hours, a technical failure may have occurred, and the Patient should resubmit the request or contact the call center by telephone.
More detailed information may be obtained by contacting the call center or the Clinic’s 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 disease is suspected, the Patient shall be referred to a specialized medical institution.
3.10. 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 Monitoring Devices, Surveillance and Recording Equipment, and Photo and Video Equipment in Medical Organizations for the Protection of the Rights of Patients and Healthcare Professionals, approved by the authorized body.
3.11. The Patient must carry an identity document and provide personal information, including full name, age, residential address, and contact telephone numbers.
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.
Medical services for individuals (Patients) referred by legal entities are provided subject to the following conditions: a signed agreement; advance payment; an application; a referral; and an identity document of the referred Patient.
3.13. In the event of an 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 the 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 where an appointment has been made in advance, 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 the provision of medical care to 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 provide care to a Patient in a more serious condition or to minimize contact between other Patients and 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. The Clinic is not obligated 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 shorten the duration of the medical service or cancel the service entirely without refunding or recalculating the amount paid for it.
3.17. Where diagnostic procedures (including aspiration, biopsy, injections, etc.) or surgical interventions are required, the Patient (or the Patient’s legal representative) undertakes to sign an informed consent for such procedures or to formally refuse them.
3.18. If Patients seek treatment at the Clinic and there are sufficient grounds to believe that harm to their health resulted from unlawful actions, 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 for the preparation of medical records. Pursuant to 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 Healthcare Accounting Documentation,” the Patient must provide personal information, including full name, Individual Identification Number (IIN), age, residential address, and contact telephone number, both when visiting the Clinic and when making an appointment.
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 amount of appointment time is allocated to each Patient. Late arrival and delays may reduce the quality of the service provided and delay the appointment of the next Patient.
3.21. If the Patient is late by more than 30% of the scheduled appointment duration, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.
3.22. The Patient shall enter the physician’s office only upon invitation. Entering the physician’s office without invitation while another appointment is in progress is prohibited.
3.23. The Patient is informed that failure to comply with the instructions and 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 fails to comply with the instructions, recommendations, or prescriptions of medical personnel, the Clinic has the right to terminate this Agreement from the moment such violations are identified, provided that termination of medical services does not endanger the Patient’s life or the health of others. The cost of services actually provided shall not be refunded, and the Clinic shall not be liable for any possible deterioration in the Patient’s health.
3.25. The Patient undertakes to comply with personal hygiene requirements.
3.26. During epidemics (acute respiratory viral infections and others), Patients are advised to maintain 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 after reviewing its contents.
3.28. Medical reports concerning the Patient’s health status and containing information about the diagnosis, the Patient’s physical condition, recommendations, and prescriptions for treatment and prevention shall remain the property of the Clinic if provided to the Patient by the Clinic’s medical personnel during working hours.
The Patient has the right to provide such medical reports to healthcare professionals at other medical organizations for the purpose of receiving medical care.
Under this Agreement, the Patient or other persons are prohibited from publishing the Patient’s medical reports in mass media, social media, or online communication services, or disclosing them to third parties without the Clinic’s consent, unless otherwise provided by the legislation of the Republic of Kazakhstan.
3.29. Clinic personnel have the right to refuse to provide services to the Patient in the event of non-compliance with the rules of conduct set forth in this Agreement.
3.30. While visiting the Clinic, Patients and accompanying persons must handle the Clinic’s property with care. In the event of damage to any property (destruction, deterioration, damage, etc.), the responsible person shall voluntarily compensate the Clinic for the damage within 7 (seven) business days from the date a claim is submitted, or the Clinic administration may recover the amount from the responsible person in accordance with the procedure established by law.
3.31. The Patient acknowledges and agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the desired result, since various complications may occur during and after the provision of medical services, both in the short and long term. The Patient also acknowledges that the medical technology used cannot completely eliminate the possibility of side effects and complications resulting from the biological characteristics of the human body.
4. Payment Procedure
4.1. Services shall be paid for in full at the cashier’s desk on the day the service is provided and before the initial/follow-up specialist consultation. Payment may be made either in cash or by cashless payment.
An initial consultation means the first visit to a specific medical specialist within one month.
A follow-up consultation includes all subsequent visits by the Clinic’s Patient to the same medical specialist during the same month.
4.2. The cost of paid medical services provided to the Patient/Customer shall be determined in accordance with the Price List for Paid Medical Services approved by the Clinic/Provider and effective at the time the Patient seeks medical 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 provision of services begins, in accordance with the current 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 stipulated by a separate agreement entered into 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 the services actually provided, except where the Patient/Customer has violated the terms and conditions of the Agreement.
4.6. The Patient is required to pay for the Clinic’s services before receiving them. If the Clinic’s medical personnel prescribe additional services during the provision of medical care, the Patient undertakes to pay for them no later than 30 (thirty) minutes after receiving such services. Payment may be made either in cash or by cashless payment.
4.7. Payment for the Clinic’s services shall be made exclusively 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” dated July 2, 2018 No. 167-VI.
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 applicable healthcare legislation of the Republic of Kazakhstan, the licenses held by the Clinic/Provider, applicable procedures for providing medical care, and medical care standards;
5.1.2. Comply with regulatory legal acts in the healthcare sector;
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. Take all reasonable measures to ensure the highest possible level of Patient satisfaction with the results of treatment;
5.1.5. Ensure that medical services are provided in accordance with clinical protocols for the diagnosis and treatment of diseases and, where no clinical protocols exist, in accordance with generally accepted approaches and evidence-based medicine, subject to medical indications;
5.1.6. Ensure the provision of medical care free of charge if, during the provision of paid medical services, additional emergency medical services are required to eliminate a threat to the Patient’s life arising from sudden acute diseases or 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”);
5.1.7. Provide the Patient, free of charge, with accessible and reliable information regarding the Clinic’s location (place of state registration), operating hours, list and cost of medical services, terms and conditions for providing and receiving such services, and information regarding the qualifications and certification of specialists by publishing such information on the Clinic’s website;
5.1.8. Inform the Patient:
— if certain types of services cannot be provided;
— if emergency or planned inpatient treatment needs to be arranged for the Patient;
— about contraindications and possible adverse consequences associated with a particular type of service.
5.1.9. Provide the Patient with direct access to medical documentation reflecting the Patient’s health status and, upon the written request of the Patient or the Patient’s legal representative, provide copies of medical documents reflecting the Patient’s health status;
5.1.10. Maintain confidentiality regarding the Patient/Customer’s request for medical services and health status in accordance with the requirements of legislation governing medical confidentiality and personal data;
5.1.11. Provide the Patient with medical documentation and medical reports concerning the Patient’s health status, specifying examinations performed and treatment measures taken, in accordance with the legislation of the Republic of Kazakhstan;
5.1.12. Maintain the required sanitary, hygienic, and anti-epidemic standards on its premises when providing medical services;
5.1.13. Promote compliance by personnel with the Code of Honor;
5.1.14. Treat the Patient/Customer respectfully and humanely;
5.1.15. Provide medical services of appropriate quality, using modern diagnostic and treatment methods, in full compliance with this Agreement after the Patient/Customer has made payment in accordance with Section 4 of this Agreement and provided documents confirming such payment;
5.1.16. Maintain records of the types, volumes, and costs of medical services provided to the Patient/Customer, as well as payments 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 necessary to establish a diagnosis and provide treatment, guided by clinical protocols for diagnosis and treatment, 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, evidence-based medicine, medical indications, and the capabilities of the clinical facilities.
5.2.2. Engage third parties (co-providers) to perform its obligations under this Agreement.
5.2.3. Terminate treatment early if the Patient/Customer fails to comply with medical prescriptions, violates the treatment regimen, the rules governing presence at the Clinic, or internal regulations.
5.2.4. If obligations cannot be fulfilled within the time limits established by the Agreement, the affected Party shall notify the other Party of the relevant circumstances within 1 day and shall similarly notify the other Party when such circumstances cease. The period for performing obligations under the Agreement may be extended by the Parties in proportion to the period during which such circumstances and their consequences remained in effect.
5.2.5. Refrain from providing paid services until the Patient has fulfilled the obligations to pay for medical services.
5.2.6. Refuse to provide services:
— if contraindications to diagnostic or therapeutic procedures are identified in the Patient;
— 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 safe provision of the medical service cannot be ensured.
5.2.7. If the Patient/Customer refuses services that, in the opinion of the Clinic/Provider, could reduce or eliminate a risk to the Patient/Customer’s health, obtain from the Patient/Customer an appropriate written refusal of medical care after explaining the possible health consequences of such refusal.
5.2.8. Change the time at which services are provided upon prior agreement with the Patient, admit a Patient with symptoms of an acute illness without waiting in the general queue, and replace the attending physician.
5.2.9. If the Patient is more than 15 (fifteen) minutes late for the scheduled service, reschedule or cancel the Patient’s appointment.
5.2.10. Store and process Patients’ personal data and use such data in anonymized form at its discretion.
5.2.11. 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 for Patients and the rules established by Ecomed Plus LLP governing its procedures and operating hours;
6.1.2. Timely and accurately comply with medical prescriptions, appointments, and recommendations of the attending physician and relevant specialists concerning treatment and examinations; comply with the Clinic/Provider’s internal regulations, therapeutic and protective regimen, occupational safety rules, and fire safety requirements;
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 and from following recommendations or receiving treatment from healers, alternative medicine practitioners, or physicians of other medical organizations without first coordinating such actions with the attending physician;
6.1.5. Treat healthcare professionals 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 for medical services before they are provided, in accordance with the Price List approved by the Clinic/Provider, following the procedure set forth in Section 4 of this Agreement and exclusively through the Clinic/Provider’s cashier’s desk;
6.1.8. Provide the person providing medical care with all necessary and accurate information required for the proper provision of medical services, including information about the Patient’s own health and the health of close relatives; medical history; hereditary, previous, or existing diseases; infections; surgeries; possible contraindications, including contraindications to medications; individual physiological characteristics; harmful habits and occupational hazards; and allergic reactions.
The Patient must understand that deliberately providing inaccurate information about their health may affect the accuracy and safety of the diagnosis and prescribed treatment and may affect the likelihood of recovery.
The Patient shall also provide results of previous examinations and specialist consultations performed outside the Clinic/Provider, where available, as well as any other information known to the Patient regarding their health and other factors that may affect the course of treatment.
6.1.9. The Patient must understand that deliberately providing inaccurate information about their health may affect the accuracy of the diagnosis and prescribed treatment and influence the prognosis for recovery.
6.1.10. Immediately notify the attending physician of any deterioration in health and, during a course of treatment, report any changes in well-being and immediately inform the physician of adverse situations that may have caused harm to the Patient’s health;
6.1.11. If the attending physician is unavailable, provide such information to an employee of the Clinic’s reception desk or call center;
6.1.12. Provide contact information, including email address, telephone numbers, and actual residential address;
6.1.13. If refusing services that, in the opinion of the Clinic/Provider’s physicians, could reduce or eliminate a risk to the Patient/Customer’s health, provide an appropriate written 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, acknowledge that the Clinic/Provider reserves the right to reschedule or cancel the service;
6.1.15. Acknowledge that the Clinic/Provider shall not be liable for the outcome of treatment where the Patient conceals or provides incomplete information regarding their health;
6.1.16. During epidemics or quarantine, comply with social distancing requirements and use protective equipment, including gauze or other masks intended to protect against respiratory infections;
6.1.17. Handle the Clinic’s property with care;
6.1.18. 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 relevant department and request transfer to another attending physician where an appropriate alternative is available;
6.2.2. Respectful and humane treatment by Clinic employees and other persons involved in providing medical care;
6.2.3. Monitor the progress and quality of services provided by the Clinic/Provider at any time without interfering with its activities;
6.2.4. Request necessary medical information and supporting documents concerning the Patient’s health from the Clinic/Provider;
6.2.5. Request additional explanations from the Clinic/Provider regarding the Patient’s health status and proposed diagnostic and treatment methods if previous explanations were unclear;
6.2.6. 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;
6.2.7. Examination and treatment under conditions that comply with sanitary, hygienic, and anti-epidemic requirements;
6.2.8. Provide voluntary informed consent to medical intervention in accordance with applicable legislation;
6.2.9. 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, the Patient or legal representative shall be informed in an accessible manner of the possible consequences. The refusal of medical intervention, including information regarding possible consequences, shall be documented in the medical records and signed by the Patient or legal representative and by a healthcare professional;
6.2.10. Contact the Internal Audit and Patient Support Service, Clinic officials, regulatory and/or supervisory authorities, or a court;
6.2.11. Have Clinic employees maintain confidentiality regarding the fact that the Patient sought medical care, the Patient’s health status and diagnosis, and other information obtained during examination and treatment, except in cases provided for by legislation;
6.2.12. The Patient’s right to confidentiality of information provided when seeking and receiving medical care, as well as other information constituting medical confidentiality, entails liability for healthcare professionals and other persons who disclose such information;
6.2.13. Receive, in an accessible form, complete information about the Patient’s health status and the diagnostic and treatment methods used, including examination results; the presence, diagnosis, and prognosis of a disease; treatment methods and associated risks; possible medical interventions and their consequences; results of treatment; possible risks and benefits of proposed and alternative treatment methods; possible consequences of refusing treatment; diagnosis, prognosis, and treatment plan; reasons for discharge home or transfer to another medical organization; and obtain an independent opinion regarding the Patient’s health and a medical consultation by a panel of specialists;
6.2.14. Designate a person who should be informed about the Patient’s health status. Depending on the Patient’s health condition, information concerning the Patient’s health may be withheld from the Patient and communicated to the Patient’s spouse, close relatives, or legal representatives.
7. Confidentiality
7.1. For the purposes of performing this Agreement and 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, registration and residential addresses, contact details, and other information, and consents to the processing by Clinic personnel of such personal data, including special personal data concerning the Patient’s health, for the purpose of receiving services provided by the Clinic.
Such 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 and modification), use, dissemination (including transfer), anonymization, blocking, destruction, and any other actions involving personal data in accordance with applicable legislation.
The Clinic may process personal data using automated processing systems or without the use of automated processing systems (non-automated processing).
7.2. The Parties mutually undertake to maintain the confidentiality of any information received from the other Party in connection with the performance of this Agreement.
7.3. The provisions of this Agreement, any supplementary agreements and appendices thereto, and documentation and information relating to its performance are confidential.
7.4. The Parties shall provide access to such information only to persons directly involved in performing obligations under the Agreement.
7.5. 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 under or in connection with the Agreement without the prior written consent of the Party that provided such information, except for information already obtained by the receiving Party prior to its receipt under the Agreement.
7.6. Transfer of information to third parties or any other disclosure of information deemed confidential under this Agreement may be made only after obtaining the written consent of the other Party, except in cases where such consent is not required by law.
7.7. With the consent of the Patient or the Patient’s representative, information constituting medical confidentiality may be disclosed to other persons, including officials, for the purposes of examining and treating the Patient, except in cases where such consent is not required by law.
7.8. 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 examining and treating a Patient who, due to their condition, is unable to express their will, and in other cases provided for by the legislation of the Republic of Kazakhstan.
7.9. Medical examination results shall be communicated by Clinic personnel to Patients personally, through mobile or other applications, or by electronic communication channels strictly upon the Patient’s request and using the contact details specified by the Patient during registration.
7.10. Patient/Customer Consent to the Processing of Personal Data
7.10.1. By signing this Agreement, the Patient/Customer accepts its terms and consents to the processing of personal data by the Clinic/Provider.
7.10.2. By signing this Agreement, the Patient/Customer consents to audio recording, photography, and video recording on the premises of the Clinic/Provider, as well as the publication of audio, photographic, and video materials on the Clinic/Provider’s official website.
7.10.3. I have reviewed and accept the terms and conditions of the Public Agreement for the Provision of Medical Services and hereby confirm the conclusion of the Public Agreement for the Provision of Medical Services published on the Clinic/Provider’s website at 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 applicable 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 results from the Patient’s violation of the terms and conditions of this Agreement or 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 where such documents or information are inaccurate, fraudulent, incorrect, or otherwise unreliable.
8.4. The Clinic/Provider shall not be liable for the quality or outcome of medical services where the Patient/Customer provides incomplete information regarding their health or where circumstances arise due to medical indications.
8.5. The Clinic/Provider shall not be liable for harm to the Patient/Customer’s health or failure to recover where such circumstances result from 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, the Clinic has the right to terminate this Agreement unilaterally without judicial proceedings.
8.7. A Party that believes its rights under this Agreement have been violated may submit a written claim to the other Party 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 in the following cases:
— failure by the Patient to comply with treatment recommendations or other actions by the Patient 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 failure to attend appointments or refusal to continue treatment;
— occurrence of previously unreported 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 may be ineffective;
— subsequent changes in the Patient’s health or complications associated with refusal of treatment in general or refusal of individual medical interventions;
— side effects caused by medicines or pharmaceutical products where the manufacturer indicated the possibility of such side effects 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 resulting harm was caused by 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 where such failure results from force majeure or other circumstances beyond their reasonable control, including natural disasters, epidemics, military actions, strikes, decisions adopted by competent authorities, and similar circumstances preventing performance of obligations under this Agreement.
8.11. The Patient/Customer shall bear responsibility under the legislation of the Republic of Kazakhstan for obstructing the lawful activities of medical and/or pharmaceutical professionals, violating quarantine regimes, sanitary rules and hygienic standards, and committing administrative offenses affecting public order and morality.
The Patient/Customer shall also bear responsibility 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. In the event of a breach by the Patient/Customer of the payment terms for medical services, the Clinic/Provider may impose contractual penalties. If the Patient has outstanding debts for services already 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.
8.14. If the Patient causes damage to the Clinic’s property, the Patient shall compensate the Clinic for such damage in full.
8.15. In all other cases, the Parties shall bear liability in accordance with the applicable legislation of the Republic of Kazakhstan.
9. Amendment of the Agreement
9.1. The terms and conditions of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments shall be published online on the Clinic/Provider’s website and made available in hard copy at the Clinic’s reception desk.
Amendments shall enter into force upon their public publication. 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 shall enter into force on the date of its public publication and shall remain valid until “03” January 2027, and specifically until the Parties have fully performed their obligations or the Agreement has been terminated.
11. Procedure for Resolving Disputes and Conflict Situations
11.1. The procedure for reviewing, recording, and analyzing cases (events) constituting medical incidents shall be determined on the basis of an order approved by the authorized healthcare body.
11.2. If the Patient’s rights are violated, the Patient (or legal representative) may submit a written claim through the reception desk for consideration by the head of the Clinic.
A 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 to the claim, the Patient is advised to provide a contact telephone number to the Internal Audit and Patient Support Service. The request shall be reviewed in accordance with the procedure established by the relevant order.
11.3. A claim shall be reviewed within 3 (three) to 20 (twenty) business days from the date it is received by the Clinic.
A written response shall be sent to the Patient by mail to the address provided or, at the Patient’s request, may be delivered 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. The Patient may contact the Internal Audit and Patient Support Service or the head of the Clinic regarding any questions, complaints, or suggestions.
11.5. The Parties undertake to resolve all disputes arising under this Agreement through negotiations between the Parties and/or their representatives and through mediation.
Any disputes that cannot be resolved by the Parties in connection with the performance of this Agreement shall be resolved in accordance with the applicable 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 service price list approved by order of the Clinic Director.
Information regarding the prices of the Clinic’s services published on the official website shall at all times 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 having a large family.
12.3. The Clinic may provide discounts on individual services or all services as part of temporary promotional campaigns announced on the website, through its social media accounts, at the reception desk, or by any other means.
The Clinic may provide discounts to individual Patients upon their written request supported by official documents, subject to review 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 where such failure results from force majeure circumstances arising after conclusion of the Agreement due to extraordinary events that the Party could neither foresee nor prevent.
13.2. For the purposes of this Agreement, “force majeure” means an event beyond the control of the Parties and of an unforeseen 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 force majeure.
13.4. The Parties shall not be liable for failure to perform the terms and conditions of the Agreement where such failure results from force majeure circumstances.
13.5. The Clinic/Provider shall not be liable for contractual penalties or termination of the Agreement due to failure to perform its terms where delay in performance results from force majeure circumstances.
13.6. If force majeure circumstances arise, the Clinic/Provider shall immediately provide the Patient/Customer with written notice describing such circumstances and their causes.
Unless otherwise instructed in writing by the Patient/Customer, the Clinic/Provider shall continue to perform its obligations under the Agreement to the extent reasonably practicable and shall seek alternative methods of performing the Agreement that are not affected by the force majeure circumstances.
14. Procedure for Providing Information Regarding the Patient’s Health
14.1. Every citizen has the right to receive, in an accessible form, available information concerning their health, including examination results; the presence of a disease; its diagnosis and prognosis; treatment methods and associated risks; possible medical interventions and their consequences; and the results of treatment provided.
14.2. Information regarding health status shall be provided to the Patient in an accessible manner consistent with medical ethics by the attending physician or other authorized Clinic officials.
Such information shall include examination results; information regarding the presence of disease; diagnosis and prognosis; methods of examination and treatment and associated risks; possible medical interventions and their consequences; results of treatment; and possible complications.
Health information shall not be provided to a citizen against their will.
In the event of an unfavorable prognosis, such information shall be communicated sensitively to the citizen and members of the citizen’s family unless the citizen has prohibited disclosure to them and/or designated another person to whom such information should be communicated.
14.3. For minors under 18 years of age and persons legally declared incapable, information regarding 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 grounds provided for by applicable legislation.
15. Procedure for Issuing Certificates of Temporary Incapacity for Work, Medical 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 and extracts from medical documentation shall be governed by applicable legislation.
15.2. A document certifying the Patient’s temporary incapacity for work shall be a certificate of temporary incapacity for work 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 Certificate or Notice of Temporary Incapacity for Work.”
15.3. When an embryo transfer is performed, the certificate and notice of temporary incapacity for work 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 issued upon the Patient’s written request.
15. Final Provisions
15.1. Without contradicting the terms of this Offer, the Patient/Customer and the Clinic/Provider may at any time execute an agreement for the provision of paid medical services in the form of a written bilateral document.
15.2. This Agreement is concluded through acceptance by the Patient/Customer of the Clinic/Provider’s Public Offer and remains valid until the Parties have fully performed their obligations.
The Clinic/Provider reserves the right to amend the terms and conditions 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) business days before such amendments or withdrawal become effective.
15.3. The Patient/Customer agrees and acknowledges that amendments to the Offer shall result in corresponding amendments to the Agreement concluded and effective between the Parties, and such amendments to the Agreement shall enter into force simultaneously with the relevant amendments to the Offer.
The Patient/Customer hereby confirms that they possess all legal rights and authority necessary to enter into the Agreement.
15.4. The Patient/Customer’s ordering or receiving services after amendments have been made to the Agreement (Public Offer) shall be unambiguously understood by the Clinic/Provider and the Patient/Customer as acceptance of such amendments.
15.5. The terms and conditions of this Agreement may be amended unilaterally by the Clinic/Provider.
Amendments shall be published online on the Clinic/Provider’s website and/or made available in hard copy at the Clinic/Provider’s premises. Amendments shall enter into force upon their public publication.
15.6. In all matters not provided for by this Agreement, the Parties shall be governed by the applicable legislation of the Republic of Kazakhstan.
16. Details and Signatures of the Parties
16.1. 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 or examination.
16.2. Clinic/Provider:
Ecomed Plus LLP
Republic of Kazakhstan, 010000
BIN: 080140009962
Settlement Account: KZ086017111000013421
Halyk Bank of Kazakhstan JSC, Astana
BIC: HSBKKZKX
Republic of Kazakhstan, 010000
Astana, 1 Saryarka Avenue, Office 3
Tel.: +7 (775) 007 07 00
Email: info@ecomed.kz
Website: www.ecomed.kz
Appendix 1
to the Public Offer Agreement
for the Provision of Medical Services
dated “03” January 2022
RULES OF CONDUCT FOR PATIENTS AND THEIR LEGAL REPRESENTATIVES AT THE CLINIC
- 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.
- Visiting the Clinic is subject to the following rules:
2.1. Upon entering the Clinic, visitors are advised to wear shoe covers or change into indoor footwear.
2.2. During the cold season, Patients must leave outerwear in the cloakroom. Entering a medical office while wearing outerwear is prohibited at any time of year.
2.3. A specific amount of appointment time is allocated to each Patient. Late arrival and delays may reduce the quality of the service provided and delay the appointment of the next Patient.
If the Patient is late by more than 30% of the scheduled appointment duration, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.
2.4. The Patient shall enter the physician’s office only upon invitation. Entering the physician’s office without invitation while another appointment is in progress is prohibited.
2.5. Accompanying persons, other than 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 applicable legislation.
2.6. All visitors, including Patients, legal representatives, and accompanying persons, must comply with personal hygiene requirements.
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 notify the attending physician of any deterioration in their health. If the attending physician is unavailable, such information must be provided to an employee of the Clinic’s reception desk.
2.9. Cleanliness and order must be maintained on the Clinic’s premises. Waste and used personal hygiene products must be disposed of only in designated waste bins. Used shoe covers must be placed in the designated bin located in the Clinic’s lobby.
2.10. During epidemics, visitors must comply with social distancing requirements and use personal protective equipment, including gauze or other masks intended to protect against respiratory infections.
2.11. While visiting the Clinic, Patients and accompanying persons must handle the Clinic’s property with care.
2.12. Clinic personnel have the right to refuse to provide services to a Patient who fails to comply with these rules of conduct.
2.13. The Clinic shall not be liable 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 such damage within 7 (seven) business days from the date a claim is submitted, or the Clinic administration may recover the amount from the responsible person in accordance with the procedure established by law.
3. The following is strictly prohibited:
— using obscene or offensive language;
— behaving rudely toward Clinic personnel or other persons on the Clinic’s premises or engaging in disputes with them in the presence of others;
— shouting, speaking loudly, making excessive noise, or slamming doors;
— making video recordings during an epidemic, quarantine regime, or state of emergency in a healthcare organization;
— talking on the telephone during consultations or medical procedures;
— throwing waste or shoe covers on the floor or running through the Clinic;
— acting as a sales representative or engaging in commercial sales activities;
— consuming alcoholic beverages, smoking on the entrance steps or anywhere on the Clinic’s premises, or consuming other substances that alter consciousness or behavior.
The following shall be considered violations:
● rude or disrespectful behavior toward personnel, other Patients, or other persons;
● violation of the rights and legitimate interests of other Patients;
● failure to attend or timely arrive 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 the Patient’s own discretion;
● smoking inside or on the Clinic’s premises (Prohibited!);
● being on the Clinic’s premises while under the influence of alcohol or narcotic substances.
Clinic personnel have the right to refuse to provide medical care to a Patient who fails to comply with these rules of conduct.
In the event of unlawful or inappropriate conduct by the Patient, offensive statements directed at another Patient or medical personnel, the Patient being under the influence of alcohol or narcotic substances, or violation of these Rules, the Clinic administration reserves the right to discontinue the Patient’s observation and treatment, provided that doing so does not endanger the Patient’s life (except in emergency situations), and to discharge the Patient with an appropriate notation in the certificate of temporary incapacity for work and medical history indicating violation of the treatment regimen and Patient conduct rules.
The Clinic administration shall not be liable for valuables that have not been deposited for safekeeping.
Appendix 2
to the Public Offer Agreement
for the Provision of Medical Services
dated “03” January 2022
FEEDBACK
We are very grateful to our Consumers/Clients for providing feedback on our work and for making suggestions on how we can improve the quality of service at the Clinic.
Each request is reviewed individually by the Clinic’s management, with a mandatory response provided within 10 (ten) business days.
Feedback regarding the work of the Clinic’s team of specialists, as well as comments and suggestions, may be submitted in any convenient way:
• through 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 at info@ecomed.kz with the subject “Reviews and Suggestions.”
Clinic Social Media Pages:
• Instagram KZ — https://www.instagram.com/ecomed.kz
• Instagram Astana — https://www.instagram.com/ecomed.astana/
• TikTok — https://www.tiktok.com/@ecomed.astana
• Facebook — https://www.facebook.com/ecomedplusastana
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 relevant medical, administrative, and reception departments:
• Director: Almaz Kurmanaliyevich Ibragimov;
• Deputy Director for Administrative and Economic Affairs, Executive Director: Nurzhan Muktarovich Smagulov, by prior appointment;
• Chief Nurse: Raikhan Mazhitovna Mazhitova;
• Deputy Director for Financial Affairs: Nurkasym Aidosuly Bisenov;
• Head of the Internal Audit and Patient Support Service: Adil Askarovich Kaidarov;
• Lawyer, Financial Consultant: Zhenisgul Sagimbayevna Aiguzhina;
• Head of the HR and Legal Service: Irina Anatolyevna Tsoi.