Public offer

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Public Offer Agreement
for the Provision of Medical Services

Republic of Kazakhstan, Shymkent January 03, 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-Shymkent LLP, 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 by Ecomed-Shymkent LLP.

1.4. Ecomed-Shymkent 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 constitutes a public offer agreement and contains all essential terms and conditions for the provision of medical services.

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

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

1.9. Acceptance by individuals wishing to accept this offer shall be effected by performing any one of the following actions:

— making an appointment with a specialist through the call center;

— actually receiving medical services;

— making the first payment for medical services.

2. SUBJECT OF THE AGREEMENT

2.1. Under this Public Offer for entering into an agreement for the provision of medical services to individuals (hereinafter referred to as the “Agreement”), the Clinic/Provider undertakes to provide the Patient/Customer with medical services (hereinafter referred to as “medical services”) within the scope of its activities in accordance with its valid state licenses for medical activities and the applicable regulatory legal acts governing healthcare in the Republic of Kazakhstan, while the Patient/Customer undertakes to pay for the services provided in a timely manner, comply with the requirements and recommendations of the Clinic’s specialists, and not violate the 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 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 of the Republic of Kazakhstan “On Marriage (Matrimony) and Family” dated December 26, 2011, No. 518-V;

— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 15, 2020, No. ҚР ДСМ-272/2020 “On Approval of the Rules and Conditions for the Use of Assisted Reproductive Methods and Technologies”;

— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 8, 2020, No. ҚР ДСМ-236/2020 “On Approval of the Rules and Conditions for Donation of Germ Cells and Reproductive Organ Tissues”;

— Labor Code of the Republic of Kazakhstan dated November 23, 2015, No. 414-V;

— Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code) dated December 25, 2017, No. 120-VI;

— Budget Code of the Republic of Kazakhstan dated December 4, 2008, No. 95-IV;

— Law of the Republic of Kazakhstan “On Permits and Notifications” dated May 16, 2014, No. 202-V;

— Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013, No. 94-V;

— Law of the Republic of Kazakhstan “On Consumer Rights Protection” dated May 4, 2010, No. 274-IV;

— Law of the Republic of Kazakhstan “On Limited and Additional Liability Partnerships” dated April 22, 1998, No. 220-I;

— Law of the Republic of Kazakhstan “On Compulsory Social Health Insurance” dated November 16, 2015, No. 405-V;

— Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” dated February 28, 2007, No. 234-III;

— Law of the Republic of Kazakhstan “On Combating Corruption” dated November 18, 2015, No. 410-V;

— Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” dated July 11, 1997, No. 151-I;

— Resolution of the Government of the Republic of Kazakhstan dated October 16, 2020, No. 672 “On Approval of the List of the Guaranteed Volume of Free Medical Care and Repeal of Certain Decisions 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 Agreement for the Provision of Paid Medical Services (Care).”

3.2. Place of provision of medical services: Shymkent, 16 N. Nazarbayev Ave., non-residential premises 1.

3.3. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the desired outcome, since various complications may occur during and after the provision of services, both in the short and long term, and 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 business days and hours. Appointments are scheduled daily during the Clinic’s business hours for available time slots on any 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 business 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 available on the Clinic’s official website.

3.5. All specialist consultations are provided by appointment:

— through the Clinic’s website at http://www.ecomed.kz, after completing an online appointment request on the Clinic’s website;

— by calling the call center at +7 775 007 07 00;

— through administrators directly at the Clinic’s reception desk.

Patients may see a doctor without a prior appointment subject to approval by the Clinic’s reception desk or call center.

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

3.7. The duration of an appointment depends on the physician’s specialization and the type of appointment (initial/follow-up consultation, examination, 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 consultation with a specialist may last from 20 (twenty) to 30 (thirty) minutes. Examinations may last from 15 (fifteen) to 20 (twenty) minutes.

► The duration of diagnostic testing 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 appointment time may change.

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

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

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

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

3.10. For the purpose of maintaining order and ensuring 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 Devices, and Photo and Video Equipment Used in Medical Organizations to Protect the Rights of Patients and Healthcare Professionals, as 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. When receiving ART (assisted reproductive technology) services, the Patient must also provide documents confirming marital status and any other documents required for treatment and the 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.

The conditions for providing medical services to citizens (patients) referred by legal entities include: a signed agreement; advance payment; an application/request; 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 if an appointment has been scheduled 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 medical care for the preceding patient, but by no more than 1 (one) hour. A physician may change the order in which patients are seen, even where appointments have been scheduled in advance, if necessary to attend to a patient in a more serious condition or to reduce other patients’ contact with a patient suffering from a respiratory infectious disease. If a physician’s appointment is canceled due to the physician’s health condition, the Clinic shall promptly notify the Patients scheduled to see that physician; however, the Clinic is not obligated to provide a replacement physician.

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

3.17. Where diagnostic procedures (including follicular aspiration, biopsy, injections, etc.) or surgical interventions are required, 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 Patients visit the Clinic and there are sufficient grounds to believe that harm to their health resulted from unlawful acts, the Clinic shall provide the relevant information to the law enforcement authorities of the Republic of Kazakhstan at the location of the medical organization.

3.19. The Patient must arrive 10 (ten) minutes before the scheduled appointment and carry an identity document 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 Records,” the Patient must provide personal data, including full name, Individual Identification Number (IIN), age, residential address, and contact telephone number, both when visiting the Clinic and when making an appointment.

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 delays may reduce the quality of the service provided and delay the appointment of the next Patient.

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

3.23. The Patient is informed that failure to comply with the instructions (recommendations) of the Clinic’s medical staff 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. In the event that the Patient violates the Clinic’s internal regulations or rules of conduct, obstructs the lawful activities of healthcare professionals, behaves disrespectfully toward Clinic staff, including making negative statements about the Clinic’s physicians or staff, treats staff rudely, fails to comply with medical instructions, recommendations, or prescriptions, 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 services actually provided shall not be refunded.

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 face coverings intended to protect against respiratory infections.

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

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

3.29. Clinic staff have the right to refuse to provide services to a Patient if the Patient fails to comply with the rules of conduct at the Clinic set forth in this Agreement.

3.30. During visits to the Clinic, Patients and accompanying persons must handle the Clinic’s property with care. If any Clinic property is damaged (destroyed, spoiled, damaged, etc.), the responsible person shall voluntarily compensate the Clinic for the damage within 7 (seven) business days from the date a claim is made, or the Clinic administration may recover such damages from the responsible person in accordance with the procedure established by law.

3.31. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the achievement of the desired outcome, since various complications may occur during and after medical services, both in the short and long term, and the medical technologies used cannot completely eliminate the possibility of side effects and complications caused by 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 institution, the following are prohibited:

— interfering with the actions of the attending physician or performing any other actions that disrupt the process of providing medical care;

— showing disrespect toward other Patients or Clinic employees;

— damaging Clinic property;

— disturbing the peace and order within the Clinic, making excessive noise, slamming doors, etc.;

— talking on a mobile phone during consultations or medical procedures;

— using obscene language, insulting or behaving rudely toward Clinic staff or other persons present at the Clinic, or engaging in confrontations with them in the presence of others;

— insulting or infringing upon the honor and dignity of Clinic employees or other Patients, threatening them, or exerting pressure on Clinic staff or other Patients.

3.33. While on the Clinic premises and adjacent territory, the Patient, the Patient’s legal representative, and accompanying persons are strictly prohibited from:

— consuming alcoholic beverages or other narcotic or intoxicating substances, or smoking on the porch or in any premises of the Clinic;

— throwing litter, cigarette butts, personal hygiene products, shoe covers, other medical supplies, or used medications on the floor.

3.34. In the event of improper, unacceptable, or aggressive behavior by the Patient, the Patient’s legal representatives, or accompanying persons, including violent or disorderly conduct, abusive statements toward medical staff, or being under the influence of alcohol or narcotic substances, the Clinic administration reserves the right to refuse further observation and treatment of the Patient.

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

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

3.37. The Clinic’s management and staff 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. 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 consultation with the specialist. Payment may be made in cash or by cashless payment.

An initial consultation means the Patient’s first consultation with a specific medical specialist within one month.

A follow-up consultation includes all subsequent consultations by the Clinic’s Patient with 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 Clinic/Provider’s Price List for paid medical services in effect at the time the Patient seeks medical care.

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

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

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

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

5. RIGHTS AND OBLIGATIONS OF THE CLINIC/PROVIDER

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

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

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

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

5.1.4. Ensure that medical services are provided in accordance with clinical protocols for the diagnosis and treatment of diseases and, where no clinical protocols exist, in accordance with generally accepted approaches and evidence-based medicine, based on medical indications;

5.1.5. Ensure that medical care is provided 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, conditions, or exacerbations of chronic diseases, in accordance with the Code of the Republic of Kazakhstan dated July 7, 2020, “On Public Health and Healthcare System” (hereinafter referred to as the “Code”);

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

5.1.7. Inform and notify the Patient:

— if certain types of services cannot be provided;

— of the need to arrange emergency or scheduled inpatient treatment for the Patient;

— of contraindications and possible adverse consequences associated with a specific type of service;

— of unilateral termination of the Agreement in the event of violation of the internal regulations and rules of conduct.

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

5.1.10. Issue medical documentation to the Patient, as well as medical reports concerning the Patient’s health status specifying examinations performed and treatment measures undertaken, in accordance with the legislation of the Republic of Kazakhstan.

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

5.1.12. Promote compliance by staff with the Code of Honor;

5.1.13. Treat the Patient/Customer respectfully and humanely;

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

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

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

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

5.2.2. Engage third parties (co-providers) to fulfill its obligations under this Agreement.

5.2.3. Unilaterally terminate treatment early if the Patient/Customer fails to comply with medical instructions, violates the treatment regimen, rules governing presence at the Clinic, or the Clinic’s 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:

— 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 specific types of services (voluntary informed consent to medical intervention, etc.);

— if the Patient violates the Clinic’s internal regulations or rules of conduct set forth in this Agreement;

— if the 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 risk to the Patient/Customer’s health, obtain from the Patient/Customer a written acknowledgment of refusal of medical care after explaining the possible consequences of such refusal for the Patient’s health.

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

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

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

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

6. RIGHTS AND OBLIGATIONS OF THE PATIENT/CUSTOMER

6.1. The Patient/Customer undertakes to:

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

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

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

6.1.4. During the term of this Agreement, refrain from self-treatment and from following recommendations or receiving treatment from healers, alternative medicine practitioners, or physicians from 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 the provision of 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 established in Section 4 of this Agreement, and only through the Clinic/Provider’s cashier’s desk.

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

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

6.1.10. Immediately notify the attending physician of any deterioration in health; during a course of treatment, inform the attending physician of any changes in well-being; and immediately inform the physician of any adverse circumstances that may have caused harm to the Patient’s health.

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

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

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

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

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

6.1.16. During epidemics or quarantine, observe social discipline and use protective equipment, including gauze or other face coverings 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 the physicians working in the department and request transfer to another attending physician where an appropriate alternative is available.

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

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

6.2.5. Request additional explanations from the Clinic/Provider concerning the Patient’s health status and proposed diagnostic and treatment methods if previously provided explanations were unclear.

6.2.6. Receive information concerning 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. Receive 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 that it be discontinued, except in cases provided for by law. If medical intervention is refused, the Patient or the Patient’s legal representative must be informed, in an understandable manner, of the possible consequences. Refusal of medical intervention, including an indication of possible consequences, shall be recorded in the medical documentation and signed by the Patient or the Patient’s legal representative and by a healthcare professional.

6.2.10. Contact the Internal Audit and Patient Support Service, Clinic officials, supervisory and/or regulatory authorities, or a court.

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

6.2.13. Receive, in an understandable form, complete information about the Patient’s health status and diagnostic and treatment methods used, including examination results, the presence of disease, diagnosis and prognosis, treatment methods and associated risks, possible options for medical intervention, their consequences, and the results of treatment; information concerning possible risks and benefits of proposed and alternative treatment methods; possible consequences of refusing treatment; diagnosis, prognosis, and treatment plan; explanations of the 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. The Patient may designate a person to whom information concerning the Patient’s health should be disclosed. Depending on the Patient’s health condition, health information may be withheld from the Patient and disclosed to the Patient’s spouse, close relatives, or legal representatives.

7. CONFIDENTIALITY

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

7.2. The Parties undertake mutual obligations to maintain the confidentiality of any information received from the other Party in connection with the performance of this Agreement.

7.3. The Parties shall ensure that access to such information is granted only to persons directly involved in fulfilling 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 their obligations under the Agreement, any information received from the other Party pursuant to or in connection with the Agreement without the written consent of the Party that provided such information, except for information that was already lawfully available to the receiving Party before it was received under the Agreement.

7.6. Transfer of information to third parties or any other disclosure outside the Clinic of information deemed confidential under this Agreement may take place only after obtaining 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 necessary in the interests of the Patient’s examination and treatment, except 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 and treating a Patient who, due to their condition, is unable to express their wishes, 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 either in person, through mobile or other applications, or by electronic communication, strictly at the Patient’s request using the contact information provided by the Patient during registration.

7.10. The Patient/Customer provides consent to the processing of personal data and informed consent to the provision of services at the Clinic’s reception desk by signing on an automated device using an electronic digital signature (EDS) key or by another method that does not contradict applicable legislation.

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, photo, and video recording on the premises of the Clinic/Provider, as well as to the publication of audio, photographic, and video materials on the Clinic/Provider’s official website.

7.10.3. I have read and accept the terms and conditions 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 violation of the terms of this Agreement, as well as on other grounds provided for by the legislation of the Republic of Kazakhstan.

8.3. The Clinic shall not be liable for consequences associated with documents (including personal documents) and/or information provided by the Patient where such documents or information are inaccurate, forged, incomplete, or otherwise unreliable.

8.4. The Clinic/Provider shall not be liable for the quality of medical services where the Patient/Customer has provided incomplete information concerning their health or where the relevant consequences are caused by medical indications.

8.5. The Clinic/Provider shall not be liable for harm caused to the Patient/Customer’s health or for failure to achieve recovery if such events result from the Patient/Customer’s failure to comply with medical instructions.

8.6. If the Patient/Customer fails to comply with the recommendations and requirements of the Clinic’s medical personnel 2 (two) or more times, or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally without recourse to court and to discontinue the provision of medical services.

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

8.8. The Clinic shall not be liable for the outcome of the services provided 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 or refusal to continue treatment;

— occurrence of previously unidentified allergies or intolerance to approved medicinal products or medical devices;

— medical intervention by third parties after the Clinic has provided its services;

— the Patient’s informed refusal to continue treatment where the Patient was warned that the medical services actually provided in such circumstances might be ineffective;

— deterioration of the Patient’s subsequent health or complications associated with refusal of treatment in general or refusal of individual medical interventions;

— occurrence of side effects from medicinal products and preparations where the possibility of such effects was indicated by the manufacturer in the relevant product information;

— failure by the Patient to fulfill the obligation 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 appropriate scope and quality of services.

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

8.11. The Patient/Customer shall bear responsibility for obstructing the lawful activities of medical and/or pharmaceutical professionals, violating quarantine requirements, sanitary rules and hygiene standards, and committing administrative offenses affecting public order and morality, for which penalties and liability are established in the Republic of Kazakhstan. 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 connection with the Services.

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

8.14. If damage is caused to the Clinic’s property, the Patient must compensate 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. AMENDMENTS TO THE AGREEMENT

9.1. The terms and conditions of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic/Provider’s website and made available in hard copy at the Clinic’s reception desk. Amendments shall take effect from the moment they are publicly posted. 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 posting and shall remain valid until January 03, 2027, and, in particular, until the Parties have fulfilled their obligations or the Agreement is terminated. Under the terms of the Agreement, if its terms are violated, the Clinic has the right to terminate it unilaterally by sending written notice to the other Party. Accordingly, termination of the Agreement does not require the mandatory execution of a termination agreement or written confirmation by the other Party of its consent to termination. The Agreement shall be deemed terminated from the moment the notice is sent to the Patient.

11. PROCEDURE FOR RESOLVING DISPUTES AND CONFLICT SITUATIONS

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

11.2. If the Patient’s rights are violated, the Patient (or the Patient’s legal representative) may submit a written 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 facilitate 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 considered 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 delivered 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, as well as through mediation. Any disputes that remain unresolved 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 concerning the prices of the Clinic’s services published on its official website shall always correspond to the information contained in the Clinic’s Price List.

12.2. The Clinic does not provide discounts on its services on social grounds, including disability, retirement age, or 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 its website, social media pages, at the reception desk, or by any other means. The Clinic may provide discounts to individual Patients on the basis of their application accompanied by official supporting 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 if such failure results from force majeure circumstances arising after the conclusion of the Agreement as a result of extraordinary circumstances 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, but are not limited to: war, military actions, natural disasters, flooding, fire, earthquakes, epidemics, and decisions of state authorities or administrative bodies.

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

13.4. The Parties shall not be liable for failure to perform the terms of the 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 if the 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 CONCERNING THE PATIENT’S HEALTH

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

14.2. Information concerning the Patient’s health shall be provided in an understandable form consistent with medical ethics by the attending physician or other authorized Clinic officials. Such information must include examination results, the presence of disease, diagnosis and prognosis, methods of examination and treatment and associated risks, possible options for medical intervention and their consequences, as well as the results of treatment and possible complications. Health information may not be provided to a citizen against their will. In cases involving an unfavorable prognosis, the information shall be communicated sensitively to the citizen and members of their family unless the citizen has prohibited such disclosure 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 in accordance with the established procedure, 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 provided 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, MEDICAL CERTIFICATES, AND EXTRACTS FROM MEDICAL RECORDS TO THE PATIENT AND/OR OTHER PERSONS

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

15.2. Temporary disability shall be certified by 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 Temporary Disability Assessment and Issuing a Temporary Disability Certificate or Medical Certificate.”

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

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

15. FINAL PROVISIONS

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

15.2. This Agreement is concluded through the Patient/Customer’s acceptance of the Clinic/Provider’s public offer and shall remain in effect until the Parties have fully performed their 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 such amendments or withdrawal take effect.

15.3. The Patient/Customer agrees and acknowledges that amendments to the offer result in corresponding amendments to the Agreement concluded and in force between the Parties, and such amendments to the Agreement shall take effect simultaneously with the 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 request for or receipt of services after amendments have been made to the Agreement (public offer) shall be unambiguously understood by both 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 to the Agreement 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 take effect from the moment they are publicly posted.

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 mean the information provided by the Patient/Customer when scheduling a physician’s appointment and examination.

16.2. Clinic/Provider:

Appendix 1
to the Public Offer Agreement
for the Provision of Medical Services
dated January 03, 2022

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

1. For the purpose of maintaining order and ensuring safety, audio and/or video surveillance is conducted in the Clinic’s halls.

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

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

2.1. Upon entering the Clinic, visitors are advised to wear disposable shoe covers or change into indoor footwear.

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

2.3. A specific appointment duration is allocated to each Patient. Late arrival and delays may reduce the quality of the service provided and delay the next Patient’s appointment. If a Patient is late by more than 30% of the 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 may enter the physician’s office only upon invitation. Entering the physician’s office without invitation while an appointment is in progress is prohibited.

2.5. Accompanying persons, except for the Patient’s legal representatives, may remain in the consultation room 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 (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 health. If the attending physician is unavailable, this information must be provided to an employee of the Clinic’s reception desk.

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

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

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

2.12. Clinic staff have the right to refuse service to a Patient who fails to comply with the stated rules of conduct and all terms and conditions of this Agreement.

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

2.14. If any property is damaged (destroyed, spoiled, damaged, etc.), 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 has the right to recover such damages from the responsible person in accordance with the procedure established by law.

3. The following are strictly prohibited:

— using obscene language;

— behaving rudely toward Clinic staff or other persons present at the Clinic, or engaging in confrontations 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 within the healthcare organization;

— talking on the telephone during consultations and medical procedures;

— throwing litter 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 porch or in any premises of the Clinic, or using other substances that alter consciousness or behavior.

The following shall be considered violations:

● rude or disrespectful treatment of staff, 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 one’s own discretion;

● smoking inside the Clinic or on Clinic premises (Prohibited!);

● violation of the internal regulations and rules of conduct set forth in the Agreement;

● being on the Clinic premises while under the influence of alcohol or narcotic substances.

Clinic staff have the right to refuse to provide medical care to a Patient who fails to comply with the stated rules of conduct and all terms and conditions of this Agreement.

In the event of unlawful or improper behavior by the Patient, abusive 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 refuse further observation and treatment of the Patient, provided that doing so does not endanger the Patient’s life (except in emergency cases), and to discharge the Patient with an appropriate notation in the temporary disability certificate and medical record concerning violation of the treatment regimen and rules of Patient conduct.

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

Appendix 2
to the Public Offer Agreement
for the Provision of Medical Services
dated January 03, 2022

Feedback

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

Each submission is reviewed individually by the Clinic management, with a mandatory response provided within 30 (thirty) business days.

You can leave feedback about the work of the Clinic’s team of specialists and share your wishes and suggestions in any convenient way:

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

At the Clinic:

• the comments and suggestions book available at the reception desk;

• by email (info@ecomed.kz, marked “Reviews and Suggestions”).

The Clinic’s social media pages:

• Instagram KZ – https://www.instagram.com/ecomed.kz

• Instagram Shymkent — https://www.instagram.com/ecomed_shymkent/

• TikTok — https://www.tiktok.com/@ecomed_shymkent

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 structural units responsible for medical matters and reception services:

• Director: Zukhra Batyrkhanovna Dzhantayeva;

• Deputy Director for Organizational and Methodological Affairs: Kumisbek Altinbekovich Asiltayev, by appointment;

• Head Nurse: Azaliya Agabekovna Ryskulova;

• Chief Accountant: Nurzhan Nugmanuly Nogayev;

• Medical Expert: Zhaksykul Uripbekovna Suleimenova;

• Lawyer: Ainur Sattarbekovna Ospanova.

Ecomed-Shymkent LLP

Ecomed-Shymkent LLP
Postal code: 160023
BIN: 151040003918
Account No.: KZ636017291000004565
BIC: HSBKKZKX, Halyk Bank of Kazakhstan JSC
KZ45722S000006343123
BIC: CASPKZKA, Kaspi Bank JSC
Address: Shymkent, 16 N. Nazarbayev Ave., non-residential premises 1
Director: Zukhra Batyrkhanovna Dzhantayeva
Email: ecomed_shymkent@mail.kz
Telephone: 8 (7252) 77 22 77
Call center: 8 775 007 07 00
Accounting Department: +7 701 604 6341