Public offer
PUBLIC OFFER AGREEMENT
FOR THE PROVISION OF MEDICAL SERVICES
Republic of Kazakhstan, Almaty
January 3, 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”) from Ecomed Firm 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 proposal 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 a public agreement for the provision of medical services by Ecomed Firm LLP.
1.4. Ecomed Firm 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 perform 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. This Offer shall remain valid for 5 (five) years.
1.6. This Agreement is a public offer agreement and contains all essential terms and conditions governing the provision of medical services.
1.7. The terms of this Agreement are the same for all Patients/Customers.
1.8. Full and unconditional acceptance of the terms of this Agreement, as well as the date on which the Agreement is deemed concluded, shall be evidenced by the Patient/Customer taking actions aimed at fulfilling the terms of the Agreement, including, in particular, receiving the service(s) and/or making payment for them.
1.9. Acceptance by individuals wishing to accept this Offer shall be effected by performing any of the following actions:
— making a preliminary 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 the applicable state licenses for medical activities and the current regulatory legal acts governing healthcare in the Republic of Kazakhstan, while the Patient/Customer undertakes to pay the cost of the services provided in a timely manner, comply with the requirements and recommendations of the Clinic’s specialists, and observe the Clinic’s internal regulations and rules of conduct.
The list and cost of medical services provided to the Patient shall be determined by the Clinic’s Price List in effect at the time the services are rendered.
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, including:
— the Constitution of the Republic of Kazakhstan;
— the Civil Code of the Republic of Kazakhstan;
— the Code of the Republic of Kazakhstan “On Public Health and the Healthcare System” dated July 7, 2020, No. 360-VI;
— the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015, No. 375-V;
— the 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 Tissues of Reproductive Organs”;
— the Labour Code of the Republic of Kazakhstan dated November 23, 2015, No. 414-V;
— the Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code) dated December 25, 2017, No. 120-VI;
— the Budget Code of the Republic of Kazakhstan dated December 4, 2008, No. 95-IV;
— the Law of the Republic of Kazakhstan “On Permits and Notifications” dated May 16, 2014, No. 202-V;
— the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013, No. 94-V;
— the Law of the Republic of Kazakhstan “On Protection of Consumer Rights” dated May 4, 2010, No. 274-IV;
— the Law of the Republic of Kazakhstan “On Limited and Additional Liability Partnerships” dated April 22, 1998, No. 220-I;
— the Law of the Republic of Kazakhstan “On Mandatory Social Health Insurance” dated November 16, 2015, No. 405-V;
— the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” dated February 28, 2007, No. 234-III;
— the Law of the Republic of Kazakhstan “On Combating Corruption” dated November 18, 2015, No. 410-V;
— the 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 Guaranteed Free Medical Care and Repeal of Certain Resolutions of the Government of the Republic of Kazakhstan”;
— 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 an Agreement for the Provision of Paid Medical Services (Care).”
3.2. Place of provision of medical services: 78 Gagarin Avenue, Almaty.
3.3. The Patient acknowledges and agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the desired outcome, as various complications may occur both during and after the provision of services, either in the immediate or long-term period. The Patient also acknowledges that the medical technologies used cannot completely eliminate the possibility of adverse effects and complications resulting from the biological characteristics of the human body.
3.4. The Clinic/Provider provides services under this Agreement during its operating days and hours. Appointments may be scheduled daily during the Clinic’s working hours for any available time and date, subject to the Clinic’s operating schedule 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 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 prior appointment:
— through the Clinic’s website at http://www.ecomed.kz after completing an online appointment request;
— by calling the call center at +7 775 007 07 00;
— through administrators directly at the Clinic reception desk.
Patients may be admitted for a consultation 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 service).
► 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 consultation may last from 20 (twenty) to 30 (thirty) minutes. Examinations may last from 15 (fifteen) to 20 (twenty) minutes.
► The duration of diagnostic testing depends on the specific type of examination and may take up to 15 (fifteen) business days.
If emergency medical assistance must be provided to another Patient in serious condition, or another Patient requires an emergency examination, the appointment time may be changed.
Patients are seen by physicians according to schedules established by the Clinic. Physicians’ schedules may differ. A physician has the right to interrupt a Patient consultation in order to provide emergency medical assistance to another Patient.
3.8. Appointments through the website. To submit an online appointment request, 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 call center working hours, a technical failure may have occurred, in which case the request should be resubmitted or the Patient should contact the call center by phone.
More detailed information may be obtained from the call center or at the reception desk.
3.9. If a Patient presenting to the Clinic is diagnosed with, or suspected of having, an infectious disease, the Patient shall be referred to a specialized medical institution.
3.10. For the purpose of maintaining order and ensuring safety in the halls and corridors of the Center, video surveillance is conducted in accordance with the Rules for the Use of Technical Control Devices, Surveillance and Recording Equipment, and Photo and Video Equipment in Medical Organizations for the Protection of Patients’ and Healthcare Workers’ Rights, as approved by the authorized body.
3.11. The Patient must have an identity document and provide personal data, including full name, age, residential address, and contact telephone numbers. When receiving assisted reproductive technology (ART) services, the Patient must also provide documents confirming marital status and any 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 bank account.
Conditions for providing medical services to citizens (Patients) referred by legal entities include: 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 or administrator shall notify the Patient as soon as reasonably possible.
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 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 where necessary to complete medical care for the preceding Patient, but for no more than 1 (one) hour.
A physician may change the order in which Patients are seen, even where appointments have been scheduled, 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 cancelled due to the physician’s health condition, the Clinic shall promptly notify the Patients scheduled with that physician. The Clinic is not required to provide a replacement physician.
3.16. If the Patient/Customer arrives late for a scheduled Medical Service, the Clinic/Provider reserves the right to reduce the duration of the service or cancel it entirely, without refunding or recalculating the amount paid.
3.17. Where diagnostic procedures are required, including puncture, biopsy, injections, and other procedures, as well as surgical interventions, the Patient or the Patient’s legal representative undertakes to sign an informed consent form for such procedures or formally refuse them.
3.18. If a Patient seeks medical assistance and there are sufficient grounds to believe that harm to the Patient’s 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 bring an identity document for 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 Records,” the Patient must provide the following personal data both when visiting the Clinic and when making an appointment: full name, Individual Identification Number (IIN), age, residential address, and contact telephone number.
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 duration is allocated to each Patient. Late arrival and delayed appointments may reduce the quality of the service and delay subsequent Patients.
3.21. If the Patient arrives more than 30% of the scheduled appointment duration late, 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 when invited. Entering a Clinic staff office without invitation while another Patient is being seen is prohibited and shall be regarded as a violation of the Clinic’s internal regulations and disrespect toward both Clinic staff and other Patients.
3.23. The Patient is informed that failure to comply with 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 required timeframe, or adversely affect the Patient’s health.
3.24. If the Patient violates the Clinic’s internal regulations or rules of conduct, interferes with the lawful activities of medical personnel, behaves disrespectfully toward Clinic staff, makes derogatory statements about physicians or Clinic personnel, behaves rudely, fails to comply with instructions, recommendations, or prescriptions of medical personnel, or where psychological incompatibility results in 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 termination of medical services does not endanger the Patient’s life or the health of others.
The cost of Medical Services actually provided shall not be refunded.
3.25. The Patient undertakes to comply with personal hygiene requirements.
3.26. During epidemics, including acute respiratory viral infections and other infectious diseases, it is recommended to maintain social distancing and use personal protective equipment, including gauze masks or other face coverings intended to protect against respiratory infection.
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 regarding 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 Clinic 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 obtaining 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 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 service to the Patient in the event of non-compliance with the rules of conduct set forth in this Agreement.
3.30. During visits to the Clinic, Patients and accompanying persons must handle Clinic property with due care.
If any Clinic property is damaged, destroyed, or otherwise impaired, the responsible person shall voluntarily reimburse the Clinic for the damage within 7 (seven) business days from the date the claim is made, or the Clinic administration shall have the right to recover such damages in accordance with the procedure established by law.
3.31. The Patient acknowledges and agrees that treatment provided by the Clinic cannot fully guarantee achievement of the desired outcome, as various complications may occur during or after medical services, both in the immediate and long-term periods.
The Patient also acknowledges that medical technology cannot completely eliminate the possibility of adverse effects and complications resulting from the biological characteristics of the human body.
3.32. Internal regulations and rules of conduct at the Clinic. While visiting or remaining on the premises of the medical organization, it is prohibited to:
— interfere with the actions of the attending physician or perform any other actions that disrupt the provision of medical care;
— behave disrespectfully toward other Patients or Clinic employees;
— damage Clinic property;
— disturb peace and order at the Clinic, make excessive noise, slam doors, etc.;
— use a mobile phone during appointments or medical procedures;
— use obscene language, insult or behave rudely toward Clinic staff or other persons present at the Clinic, or engage in disputes with them in the presence of others;
— insult, demean the honor or dignity of Clinic employees or other Patients, threaten them, or exert pressure upon them.
3.33. While on the Clinic premises or adjacent territory, the Patient, the Patient’s legal representative, and accompanying persons are strictly prohibited from:
— consuming alcoholic beverages, narcotic or other intoxicating substances, and smoking on the Clinic porch or in any Clinic premises;
— throwing litter, cigarette butts, personal hygiene products, shoe covers, other medical supplies, or used medications onto 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, abusive statements toward medical personnel, or being under the influence of alcohol or narcotics, the Clinic administration reserves the right to refuse further observation and treatment.
3.35. Cleanliness and order must be maintained throughout the Clinic premises. Waste and used personal hygiene products must be disposed of only in designated bins. Used shoe covers must be placed in a special 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 masks or other protective coverings intended to prevent respiratory infection.
3.37. Clinic management and personnel have the right to refuse service, observation, treatment, or medical services to a Patient who fails to comply 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 and before the initial or follow-up consultation with a specialist. Payment may be made in cash or by cashless payment.
An initial consultation means the first consultation with a particular medical specialist within one calendar month.
A follow-up consultation includes all subsequent consultations with the same medical specialist during that 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 in effect at the time the Patient applies for such services.
4.3. Medical Services shall be paid for by the Patient/Customer personally, or by another person with the Patient’s consent, in full on the day the provision of services begins, in accordance with the applicable Price List.
4.4. If the Patient/Customer reasonably refuses examination or treatment by submitting a written application addressed to the head of the Clinic, the amount paid for Medical Services shall be refunded upon presentation of the Patient’s identity document and payment receipt, except where otherwise provided by a separate agreement 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 value of the Medical Services actually provided, except where termination is caused by the Patient/Customer’s breach of this Agreement.
4.6. The Patient must pay for Clinic services before receiving them.
If Clinic medical personnel prescribe additional services during the provision of medical care, the Patient undertakes to pay for such services no later than 30 (thirty) minutes after they have been provided.
Payment may be made in cash or by cashless payment.
4.7. Payment for Clinic 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.”
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 the provision of medical care, and applicable medical care standards.
5.1.2. Comply with regulatory legal acts governing healthcare.
5.1.3. Provide the Patient/Customer with an opportunity to review the Price List in effect during the period when Medical Services are provided under this Agreement.
5.1.4. Ensure that Medical Services are provided in accordance with clinical protocols for diagnosis and treatment and, where no clinical protocols exist, 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, in the course of providing paid Medical Services, additional emergency Medical Services are required to eliminate a threat to the Patient’s life caused by sudden acute illnesses, conditions, or exacerbations of chronic diseases, in accordance with the Code of the Republic of Kazakhstan dated July 7, 2020 “On Public Health and the Healthcare System” (hereinafter referred to as the “Code”).
5.1.6. Provide the Patient, free of charge, with accessible and reliable information concerning the Clinic’s location and place of state registration, operating hours, list of Medical Services provided, and the terms and conditions for obtaining such services.
5.1.7. Inform and notify the Patient:
— if certain types of services cannot be provided;
— where emergency or scheduled inpatient treatment of the Patient is required;
— 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 internal regulations or rules of conduct.
5.1.9. Provide the Patient with direct access to medical records 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 concerning the Patient’s health.
5.1.10. Provide the Patient with medical documentation and medical reports regarding the Patient’s health, indicating the examinations and treatment measures performed, 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 when providing Medical Services.
5.1.12. Promote compliance by Clinic personnel with applicable professional ethical standards.
5.1.13. Treat the Patient/Customer with respect and humanity.
5.1.14. Provide high-quality Medical Services using modern diagnostic and treatment methods, in full and in accordance with this Agreement, after the Patient/Customer has made payment in the manner prescribed by Section 4 of this Agreement and has provided documents confirming payment.
5.1.15. Maintain records of the types, volumes, and cost of Medical Services provided to the Patient/Customer, as well as amounts 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 for diagnosis and treatment, based on clinical diagnostic and treatment protocols, procedures and standards of medical care approved by the Ministry of Healthcare of the Republic of Kazakhstan or, where corresponding clinical protocols are unavailable, on generally accepted approaches, evidence-based medicine, medical indications, the professional experience of its physicians, and the capabilities of the clinical facilities.
5.2.2. Engage third parties or subcontractors 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 treatment regimen, rules governing presence at the Clinic, or internal regulations.
5.2.4. Refrain from providing paid services until the Patient has fulfilled the obligation to pay for Medical Services.
5.2.5. Refuse to provide services:
— where contraindications to diagnostic or therapeutic procedures are identified;
— if the Patient fails to comply with the Clinic’s recommendations;
— if the Patient refuses to complete or sign documents required for a specific service, including voluntary informed consent to medical intervention;
— if the Patient violates the Clinic’s internal regulations or rules of conduct set forth in this Agreement;
— where safe provision of a Medical Service cannot be ensured.
5.2.6. If the Patient/Customer refuses services which, in the opinion of the Clinic/Provider, could reduce or eliminate a threat to the Patient/Customer’s health, obtain from the Patient/Customer a written acknowledgement of refusal of medical care after explaining the possible health consequences of such refusal.
5.2.7. Change the time for providing services subject to prior agreement with the Patient, admit Patients with symptoms of an acute illness out of turn, and replace the attending physician.
5.2.8. If the Patient is more than 15 (fifteen) minutes late for a 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 applicable legislation.
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 Firm LLP.
6.1.2. Timely and accurately comply with medical prescriptions, instructions, and recommendations of the attending physician and relevant specialists concerning treatment and examination; comply with the Clinic/Provider’s internal regulations, therapeutic and protective regimen, occupational safety requirements, and fire safety rules.
6.1.3. Cooperate with the physician and other medical personnel at all stages of medical care.
6.1.4. During the term of this Agreement, refrain from self-treatment, following recommendations of healers or practitioners of alternative medicine, or receiving treatment from physicians of other medical organizations without first coordinating such actions with the attending physician.
6.1.5. Treat medical personnel 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 receiving 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 prescribed by 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 reliable information required for the proper provision of Medical Services, including personal data, information about the Patient’s health and the health of close relatives, medical history, hereditary, past, or current diseases, infections, surgeries, possible contraindications including contraindications to medicines, individual characteristics of the body, harmful habits, occupational hazards, allergic reactions, and any other necessary documents.
The Patient must also provide the results of prior examinations and consultations performed outside the Clinic/Provider, where available, as well as any other known information regarding the Patient’s health or other factors that may affect treatment.
6.1.9. The Patient must understand that knowingly providing false or distorted information regarding the Patient’s health may affect the accuracy of diagnosis and treatment and may influence the prognosis for recovery.
6.1.10. Immediately inform the attending physician of any deterioration in health and, during treatment, report any changes in well-being and immediately notify the physician of any adverse circumstances that may have caused harm to the Patient’s health.
6.1.11. If the attending physician is unavailable, communicate such information to a Clinic reception desk employee or call center employee.
6.1.12. Provide contact information, including email address, telephone numbers, and actual residential address, as well as personal data and, where necessary, information and documents confirming marital status.
6.1.13. If refusing services which, in the opinion of the Clinic/Provider’s physicians, could reduce or eliminate a threat to the Patient/Customer’s health, provide a written acknowledgement of refusal of medical assistance.
6.1.14. In the event of failure to attend and/or lateness of more than 15 (fifteen) minutes relative to the scheduled time of the service, acknowledge that the Clinic/Provider reserves the right to reschedule or cancel the service.
6.1.15. Understand that if the Patient conceals or provides incomplete information about the Patient’s health, the Clinic/Provider shall not be responsible for the outcome of treatment.
6.1.16. During epidemics and quarantine periods, comply with social distancing measures and use protective equipment, including gauze masks or other coverings intended to protect against respiratory infection.
6.1.17. Handle Clinic property with due care.
6.1.18. Comply with all rules set forth in this Agreement.
6.2. When seeking and receiving medical care, the Patient has the right to:
6.2.1. Select an attending physician from among physicians working in the relevant department and request transfer to another attending physician where an appropriate alternative is available.
6.2.2. Be treated respectfully by Clinic employees and other persons involved in the provision of medical care.
6.2.4. Request from the Clinic/Provider necessary medical information and supporting documents concerning the Patient’s health.
6.2.5. Request additional explanations regarding the Patient’s health condition and proposed diagnostic and treatment methods where previous explanations were not sufficiently clear.
6.2.6. Receive information concerning the surname, first name, patronymic, position, professional experience, and qualification level of the Patient’s attending physician and other persons directly involved in providing medical care.
6.2.7. Receive examination and treatment under conditions complying 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.
Where medical intervention is refused, the Patient or legal representative must be informed, in an accessible form, of the possible consequences.
The refusal of medical intervention, including an indication of the possible consequences, shall be recorded in the medical records and signed by the Patient or legal representative and the healthcare professional.
6.2.10. Submit complaints or requests to the Internal Audit and Patient Support Service, Clinic officials, regulatory and/or supervisory authorities, or a court.
6.2.11. Have information concerning the fact that the Patient sought medical care, the Patient’s health status, diagnosis, and other information obtained during examination or treatment kept confidential by Clinic personnel outside the Clinic, except in cases provided for by law.
6.2.13. Receive, in an accessible form, full information concerning the Patient’s health status and the diagnostic and treatment methods used, including examination results, existence of a disease, diagnosis and prognosis, treatment methods, associated risks, possible options for medical intervention and their consequences, results of treatment, possible risks and benefits of proposed and alternative treatment methods, possible consequences of refusal of treatment, diagnosis, prognosis, treatment plan, explanation of the reasons for discharge home or transfer to another medical organization, and obtain an independent opinion concerning the Patient’s health and a medical consultation by a panel of specialists.
6.2.14. The Patient may designate a person to whom information concerning the Patient’s health may 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 purpose 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, registered and actual residential addresses, contact details, documents confirming marital status where necessary, and other information.
The Patient consents to the processing by Clinic personnel of personal data and special categories of personal data concerning the Patient’s health for the purpose of receiving services provided by the Clinic.
Such consent includes any actions concerning 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 processing actions permitted by applicable legislation.
The Patient also consents to photo, video, and audio recording at the Clinic.
The Clinic may process personal data through automated systems as well as without automation.
7.2. The Parties undertake reciprocal obligations to maintain the confidentiality of any information received from the other Party in connection with performance of this Agreement.
7.3. The Parties shall provide access to such information only to persons directly involved in performing obligations under this Agreement.
7.5. The Parties undertake not to disclose to third parties who are not involved in providing the Services, and not to use for purposes other than proper performance of obligations under this Agreement, any information received from the other Party in connection with this Agreement without the prior written consent of the Party providing such information, except for information received by the receiving Party before it was provided under this Agreement.
7.6. Disclosure of information to third parties, or any other disclosure outside the Clinic of information classified as confidential under this Agreement, may be made only with the written consent of the other Party, except 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 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.
7.8. Information contained in the Patient’s medical records and constituting medical confidentiality may be provided without the consent of the Patient or the Patient’s representative for the purpose of examining or treating a Patient who is unable, due to their condition, 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 the Patient personally, through mobile or other applications, or through electronic communications, strictly upon the Patient’s request and through the contact details provided by the Patient during registration.
7.10. Consent of the Patient/Customer to the processing of personal data and informed consent to the provision of services shall be provided at the Clinic reception desk by signing through an automated device using an electronic digital signature key or by another method not prohibited by law.
7.10.1. By signing this Agreement, the Patient/Customer accepts its terms and consents to the Clinic/Provider processing the Patient’s personal data.
7.10.2. By signing this Agreement, the Patient/Customer consents to audio, photo, and video recording on the premises of the Clinic/Provider, as well as publication of audio, photographic, and video materials on the Clinic/Provider’s official website.
7.10.3. I acknowledge that I have reviewed and accepted 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 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 breach of the terms of this Agreement, as well as in other circumstances 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 consequences arise due to unreliability, falsification, inaccuracy, or other defects in such documents or information.
8.4. The Clinic/Provider shall not be liable for the quality or outcome of Medical Services where the Patient/Customer has provided incomplete information concerning the Patient’s health or where circumstances arise due to medical indications.
8.5. The Clinic/Provider shall not be liable for harm caused to the Patient/Customer’s health or for failure to achieve recovery where such circumstances result from the Patient/Customer’s failure to comply with medical prescriptions.
8.6. If the Patient/Customer fails on 2 (two) or more occasions to comply with recommendations and requirements of Clinic medical personnel, or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally and out of court and refuse further 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 concerns.
The Party receiving the claim must respond to it 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 taking other actions that adversely affect the Patient’s health;
— provision of services at the Patient’s insistence without medical indications;
— failure to complete the treatment plan due to the Patient’s non-attendance or refusal to continue treatment;
— occurrence of previously unknown allergy or intolerance to medicines or medical devices approved for use;
— medical intervention by third parties after the Clinic has provided services;
— informed refusal by the Patient to continue treatment where the Patient was warned that the Medical Services actually provided in such circumstances may be ineffective;
— deterioration in the Patient’s subsequent health or complications associated with refusal of treatment in whole or in part;
— occurrence of side effects from medicines or medicinal products where the manufacturer indicated the possibility of such side effects in the product information;
— failure by the Patient to inform the physician about previous diseases, allergic reactions, or contraindications where ineffectiveness of the Medical Service or harm resulted from the physician’s lack of such information.
8.9. The Clinic/Provider is 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 the Parties’ reasonable control, including natural disasters, epidemics, military operations, strikes, decisions of competent authorities, and similar events preventing performance of obligations under this Agreement.
8.11. The Patient/Customer shall be responsible for obstructing the lawful activities of medical and/or pharmaceutical workers, violating quarantine measures, sanitary rules and hygiene standards, and committing administrative offenses affecting public order and morality in the Republic of Kazakhstan, for which fines and other legal liability may apply.
The Patient/Customer shall also be responsible 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 connection with 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 apply contractual penalties.
If the Patient has outstanding debt for Clinic services already provided, the Clinic has the right to suspend further provision of services under this Agreement until such debt has been paid in full.
8.14. If Clinic property is damaged, the Patient must compensate the Clinic for the 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 of this Agreement may be amended unilaterally by the Clinic/Provider.
Amendments shall be published online on the Clinic/Provider’s website and on a paper copy kept at the Clinic reception desk.
Amendments shall become effective from the moment they are made publicly available.
In the event of discrepancies between different versions, the version kept at the Clinic 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 remain valid until January 3, 2027, and, in particular, until the Parties have fully performed their obligations or the Agreement is terminated.
Under the terms of the Agreement, in the event of a breach, the Clinic has the right to terminate the Agreement unilaterally by sending written notice to the other Party.
Accordingly, termination of the Agreement does not require execution of a separate termination agreement or written confirmation from the other Party consenting to the termination.
The Agreement shall be deemed terminated from the moment notice is sent to the Patient.
11. PROCEDURE FOR RESOLUTION OF DISPUTES AND CONFLICTS
11.1. The procedure for reviewing, recording, and analyzing cases and events involving medical incidents shall be determined in accordance with 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 complaint through the reception desk for consideration by the head of the Clinic.
A complaint may also be entered in the Comments and Suggestions Book or submitted electronically through the Clinic’s website.
To receive a prompt response, the Patient is advised to provide a contact telephone number to the Internal Audit and Patient Support Service.
The complaint shall be considered in accordance with applicable legislation.
11.3. A complaint 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 by the Patient or, at the Patient’s request, may be provided personally at an agreed time or explained orally.
A response to a complaint submitted through the Clinic’s website shall be sent electronically to the email address provided 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 not resolved by the Parties in connection with 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 recorded in the Clinic’s Price List, approved by order of the Clinic Director.
Information concerning the prices of Clinic 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 for social reasons, including disability, retirement age, or having multiple children.
12.3. The Clinic may provide discounts on certain services or all services as part of temporary promotions, information about which may be published on the website, through the Clinic’s social media accounts, at the reception desk, or by any other method.
The Clinic may grant discounts to individual Patients on the basis of their written request and supporting official documents, subject to consideration by the Clinic Director.
13. FORCE MAJEURE
13.1. A Party shall be released from liability for partial or complete non-performance or improper performance of its obligations where such failure results from force majeure circumstances arising after conclusion of the Agreement as a result of extraordinary events which 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 unforeseeable nature.
Such events may include, without limitation: war, military operations, natural disasters, floods, fires, earthquakes, epidemics, and decisions of state authorities or administrative bodies.
13.3. The Parties acknowledge that insolvency of either Party shall not constitute force majeure.
13.4. The Parties shall not be liable for failure to perform the terms of this Agreement if such failure results from force majeure circumstances.
13.5. The Clinic/Provider shall not be liable for payment of penalties or termination of the Agreement due to non-performance where delay in performance results from force majeure circumstances.
13.6. If force majeure circumstances arise, the Clinic/Provider shall 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
14.1. Every citizen has the right to receive, in an accessible form, available information about their health, including information concerning examination results, presence of disease, diagnosis and prognosis, treatment methods and associated risks, possible options for medical intervention and their consequences, and the results of treatment.
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.
Such information shall include examination results, information concerning the presence of disease, diagnosis and prognosis, methods of examination and treatment, associated risks, possible options for medical intervention and their consequences, treatment results, and possible complications.
Health information may not be provided to a citizen against the citizen’s will.
Where the prognosis is unfavorable, such information shall be communicated delicately 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 18 years of age and persons legally declared incapable, information concerning the Patient’s health shall be provided to their legal representative.
14.4. Information contained in medical records 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 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, shall be governed by applicable legislation.
15.2. A document certifying temporary incapacity for work shall be a temporary disability certificate in the prescribed form, the issuance procedure for 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 Assessment of Temporary Incapacity for Work and Issuing a Temporary Disability Certificate or Confirmation.”
15.3. When an embryo transfer is performed, the temporary disability certificate and confirmation shall be issued by the medical organization that performed the procedure.
15.4. At the Patient’s request, the Patient may be issued a certificate of illness or an extract from the medical record.
Upon the Patient’s written application, the Patient may be issued a copy of the medical record.
15. FINAL PROVISIONS
15.1. Without contradicting the terms of this Offer, the Patient/Customer and the Clinic/Provider may at any time execute a separate written bilateral agreement for the provision of paid Medical Services.
15.2. This Agreement is concluded by acceptance by the Patient/Customer of the Clinic/Provider’s Public Offer and shall remain in force 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) business days before the 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 in force between the Parties, and such amendments to the Agreement shall become effective simultaneously with the amendments to the Offer.
The Patient/Customer hereby confirms having all legal rights and authority required to enter into this Agreement.
15.4. Ordering or receiving services by the Patient/Customer after amendments have been made to the Agreement/Public Offer shall be unequivocally interpreted by the Clinic/Provider and the Patient/Customer as acceptance of those amendments.
15.5. The terms of this Agreement may be amended unilaterally by the Clinic/Provider.
Amendments shall be published online on the Clinic/Provider’s website and/or on paper at the Clinic/Provider’s premises.
Amendments shall enter into force from the moment they are publicly posted.
15.6. In all matters not expressly 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 when scheduling a medical consultation or examination.
16.2. Clinic/Provider:
Appendix 1
to the Public Offer Agreement
for the Provision of Medical Services
dated January 3, 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 halls.
1.1. All conversations with Clinic call center operators are recorded.
2. Visits to the Clinic are subject to the following rules:
2.1. Upon entering the Clinic, visitors are advised to wear disposable 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 time is allocated to each Patient according to the appointment schedule.
Late arrival or delays may reduce the quality of the service provided and cause delays for the next Patient.
If the Patient arrives more than 30% of the scheduled appointment duration late, 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 another Patient is being seen 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 subject to compliance with all requirements and instructions of the physician, except where otherwise provided 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 receive from the attending physician, anesthesiologist, reproductive medicine specialist, gynecologist, urologist-andrologist, or other specialist all information of interest regarding the planned examination, treatment, and/or surgical intervention.
2.8. The Patient must immediately notify the attending physician of any deterioration in health.
If the attending physician is unavailable, the information must be communicated to a Clinic reception desk employee.
2.9. Cleanliness and order must be maintained throughout the Clinic.
Waste and used personal hygiene products must be disposed of only in designated bins.
Used shoe covers must be placed in a special bin located in the Clinic lobby.
2.10. During epidemics, visitors must observe social distancing measures and use personal protective equipment, including gauze masks or other protective coverings intended to prevent respiratory infection.
2.11. While visiting the Clinic, Patients and accompanying persons must handle Clinic property with due care.
2.12. Clinic personnel have the right to refuse service to a Patient who fails to comply with these rules of conduct or any 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. Where any property is damaged, destroyed, spoiled, or otherwise impaired, the responsible person shall voluntarily compensate the medical center for the damage within 7 (seven) business days from the date a claim is made, or the Clinic administration shall have the right to recover the damages from the responsible person in accordance with the procedure established by law.
3. The following actions are strictly prohibited:
— use of obscene language;
— behaving rudely toward Clinic staff 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;
— during an epidemic, quarantine regime, or state of emergency in a healthcare organization, making video recordings where prohibited;
— talking on the telephone during appointments or medical procedures;
— throwing litter or shoe covers on the floor or running inside the Clinic;
— acting as a sales representative or engaging in commercial sales activity;
— consuming alcoholic beverages, smoking on the Clinic porch or inside any Clinic premises, or consuming other substances that alter consciousness or behavior.
The following shall be considered violations:
● rude or disrespectful behavior toward Clinic personnel, other Patients, or other persons;
● infringement of the rights and legitimate interests of other Patients;
● failure to attend or late arrival for a physician appointment or procedure;
● failure to comply with a physician’s recommendations;
● failure to comply with medical personnel’s instructions during procedures;
● taking medications at the Patient’s own discretion;
● smoking inside the Clinic or on Clinic premises (strictly prohibited);
● violation of the internal regulations and rules of conduct set forth in this Agreement;
● being present on Clinic premises while intoxicated by alcohol or narcotic substances.
Clinic personnel have the right to refuse Medical Services to a Patient who fails to comply with these rules of conduct or any terms of this Agreement.
In the event of unlawful or inappropriate behavior by the Patient, abusive statements toward another Patient or medical personnel, 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, 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 records regarding violation of the treatment regimen or rules of conduct.
The Clinic administration shall not be liable for valuables that were not deposited for safekeeping.
Appendix 2
to the Public Offer Agreement
for the Provision of Medical Services
dated January 3, 2022
Feedback
We are very grateful to our Consumers/Clients for feedback regarding our work and for suggestions aimed at improving the quality of service at the Clinic.
Each submission is reviewed individually by the Clinic 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 wishes and suggestions, may be submitted in any convenient manner:
• through the Clinic’s website in the “Reviews” section, 2GIS, etc.
At the Clinic:
• through the Comments and Suggestions Book available at the reception desk;
• by email to info@ecomed.kz with the subject line “Reviews and Suggestions.”
Clinic social media pages:
• Instagram KZ — https://www.instagram.com/ecomed.kz
• Instagram Almaty — https://www.instagram.com/ecomed.almaty/
• TikTok — https://www.tiktok.com/@ecomed.almaty
• Facebook — https://www.facebook.com/ecomedplusastana
The Patient may also address any questions or suggestions to the Internal Audit and Patient Support Service and/or the head of the Clinic, as well as to the heads of the Clinic’s relevant medical, administrative, and reception departments:
• Director: Marat Kaldybayevich Otarbayev;
• Deputy Director for Medical Affairs: Aigerim Kairatovna, by prior appointment;
• Deputy Director for Organizational and Methodological Affairs: Gulnar Nygmetovna Biltayeva, by prior appointment;
• Chief Nurse: Mayra Nietbayevna Zhangabayeva;
• Deputy Director for Financial Affairs: Maral Kudaibergenovna Mynzhasarova;
• Deputy Director for Technical Affairs: Ämirkhan Zhandos Nūrlanūly;
• Head of the Internal Audit and Patient Support Service: Zhalgasbay Zhadyra Zheksykeldikyzy;
• Head of the HR and Legal Service, Lawyer: Ainur Sattarbekovna Ospanova.