Public offer

Public Offer Agreement
for the Provision of Medical Services

Republic of Kazakhstan, Ust-Kamenogorsk, 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) at Ecomed-Shygys Limited Liability Partnership, in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan.

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

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

1.4. Ecomed-Shygys LLP, hereinafter referred to as the “Clinic and/or Provider,” represented by the Director and acting on the basis of its Charter and 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 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 to fulfill the terms of the Agreement, including 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 of the following actions:
— making an appointment with a specialist through the call center;
— actually receiving medical services;
— making the first payment for medical services.

2. SUBJECT MATTER OF THE AGREEMENT

2.1. Under this Public Offer for entering into an agreement for the provision of medical services to individuals (hereinafter referred to as the “Agreement”), the Clinic/Provider undertakes to provide the Patient/Customer with medical services (hereinafter referred to as “medical services”) within the scope of its activities in accordance with the applicable state licenses for medical activities and the current regulatory legal acts governing healthcare in the Republic of Kazakhstan. 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 provided.

3. TERMS AND PROCEDURE FOR THE PROVISION OF SERVICES

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

3.2. Place of provision of medical services: Ust-Kamenogorsk, at the location of the Clinic.

3.3. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the desired outcome, as various complications may occur during and after the provision of services, both in the short and long term. The Patient also acknowledges that the medical technologies used cannot completely eliminate the possibility of side effects and complications resulting from the biological characteristics of the body.

3.4. The Clinic/Provider provides services under this Agreement during its working days and hours. Appointments may be scheduled daily during the Clinic’s working 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 working hours, online appointment requests are accepted only through the website.

Such requests are processed during the first working hours of the call center operators.

Current telephone numbers are also published on the Clinic’s official website.

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

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

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

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

► An initial consultation may last from 30 (thirty) minutes to 1 hour. 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 tests depends on the specific type of examination and may be up to 15 (fifteen) business days.

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

Patients are seen by physicians according to schedules established by the Clinic. Physicians’ schedules may vary. A physician has the right to interrupt a Patient’s appointment in order to provide emergency medical care 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 is not confirmed within 24 hours during the call center’s working hours, a technical failure may have occurred, and the Patient should resubmit the request or contact the call center by telephone.

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

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

3.10. To maintain order and ensure safety, video surveillance is conducted in the halls and corridors of the Center in accordance with the Rules for the Use of Technical Control Equipment, 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 data, including full name, age, residential address, and contact telephone numbers. When receiving ART (assisted reproductive technology) services, the Patient must also provide documents confirming marital status and all other documents required for treatment and 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 settlement account.

The conditions for providing medical services to citizens (Patients) referred by legal entities are: a signed agreement; advance payment; a 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 must 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 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 prior appointments have been made, if necessary to see a Patient in a more serious condition or to reduce other Patients’ contact with a Patient suffering from a respiratory-transmitted infectious disease. If a physician’s appointment is canceled due to the physician’s health condition, the Clinic shall promptly notify Patients scheduled to see that physician; however, the Clinic is not required 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. If diagnostic procedures (including aspiration, biopsy, injections, etc.) or surgical interventions are required, the Patient (or the Patient’s legal representative) shall sign informed consent for the above procedures or formally refuse them.

3.18. If Patients seek treatment at the Clinic and there are sufficient grounds to believe that harm to their health resulted from unlawful 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. In accordance with Order No. ҚР ДСМ-175/2020 of the Acting Minister of Healthcare of the Republic of Kazakhstan dated October 30, 2020 “On Approval of Forms of 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 must 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 allocated appointment time, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.

3.22. The Patient may enter the office of a physician or other Clinic staff member only when invited. Entering a 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 to Clinic staff but also to other Patients.

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

3.24. If the Patient violates the Clinic’s internal regulations or rules of conduct, obstructs the lawful activities of healthcare professionals, demonstrates disrespect toward Clinic staff, including making negative statements about the Clinic’s physicians or staff, behaves rudely toward staff, fails to comply with medical prescriptions, recommendations, or instructions, or if 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 threaten the Patient’s life or the health of others. The cost of services actually provided shall not be refunded.

3.25. The Patient shall comply with personal hygiene requirements.

3.26. During epidemics (acute respiratory viral infections and others), it is recommended 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 review and sign an informed consent form.

3.28. Medical reports concerning the Patient’s health, containing information about diagnosis, the Patient’s condition, recommendations, and prescriptions for treatment and prevention, shall be the property of the Clinic if they were provided to the Patient by the Clinic’s medical personnel during working hours. The Patient has the right to provide such medical reports to healthcare professionals 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, and online communication services or disclosing them to third parties without prior coordination with the Clinic, unless otherwise provided by the legislation of the Republic of Kazakhstan.

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

3.30. During visits to the Clinic, Patients and accompanying persons must treat Clinic property with care. If any property is damaged, destroyed, or otherwise impaired, the responsible person shall voluntarily compensate the Clinic for the damage within 7 (seven) business days from the date the claim is presented, or the Clinic administration shall have the right to recover such damages from the responsible person in accordance with the procedure established by law.

3.31. The Patient agrees that treatment provided by the Clinic cannot fully guarantee the desired outcome, as various complications may occur during and after medical services, both in the short and long term. The Patient also acknowledges that the medical technologies used cannot completely eliminate the possibility of side effects and complications resulting from the biological characteristics of the body.

3.32. Internal regulations and rules of conduct at the Clinic. While visiting or remaining on the premises of the medical institution, it is prohibited to:
— interfere with the actions of the attending physician or take other actions that disrupt the provision of medical care;
— behave disrespectfully toward other Patients or Clinic employees;
— damage Clinic property;
— disturb the peace and order in the Clinic, make excessive noise, slam doors, etc.;
— use a mobile telephone during appointments and medical procedures;
— use obscene language, verbally abuse or behave rudely toward Clinic staff or other persons present in the Clinic, or engage in disputes with them in the presence of others;
— insult or offend the honor and dignity of Clinic employees or other Patients, threaten them, or exert 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, narcotic or other intoxicating substances, or smoking on the porch or in any Clinic premises;
— throwing litter, cigarette butts, personal hygiene products, shoe covers, other medical supplies, or used medications on the floor.

3.34. In the event of inappropriate, unacceptable, or aggressive behavior by the Patient, the Patient’s legal representatives, or accompanying persons, including violent or disorderly conduct, abusive statements toward medical personnel, 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 waste bins, and used shoe covers must be placed in the designated bin located in the Clinic lobby.

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

3.37. The Clinic’s management and personnel have the right to refuse service, observation, treatment, or medical services to a Patient 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, before the initial/follow-up consultation with a specialist. Payment may be made in cash or by cashless payment.

An initial consultation means the first visit to a particular specialist physician within one month.

A follow-up consultation includes all subsequent visits by the Clinic’s Patient to the same specialist physician within 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 treatment.

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

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

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

4.6. The Patient must pay for the Clinic’s services before receiving them. If additional services are prescribed by the Clinic’s medical personnel during the provision of medical care, the Patient undertakes to pay for such services after receiving them, but 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 the Clinic’s services shall be made exclusively in the national currency of the Republic of Kazakhstan in accordance with the Law of the Republic of Kazakhstan “On Currency Regulation and Currency Control.”

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, established procedures for providing medical care, and applicable standards of medical care;

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

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

5.1.4. Ensure that medical services are provided in accordance with clinical protocols for the diagnosis and treatment of diseases and, where no clinical protocols exist, in accordance with generally accepted approaches and the principles of 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 due to sudden acute diseases or conditions, exacerbations, or 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, list of medical services provided, and the conditions for providing and receiving such services.

5.1.7. Inform and notify the Patient:
— if certain types of services cannot be provided;
— if emergency or planned inpatient treatment must be arranged 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 internal regulations and rules of conduct.

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

5.1.10. Issue the Patient medical documentation and medical reports concerning the Patient’s health condition, specifying examinations performed and therapeutic measures undertaken, in accordance with the legislation of the Republic of Kazakhstan.

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

5.1.12. Promote compliance by personnel 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 cost of medical services provided to the Patient/Customer, as well as funds received from the Patient/Customer.

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

5.2.1. Independently determine the scope of medical services necessary for diagnosis and treatment, guided by clinical diagnostic and treatment protocols and the procedures and standards for providing medical care approved by the Ministry of Healthcare of the Republic of Kazakhstan or, where corresponding clinical protocols are unavailable, by the experience of its physicians, generally accepted approaches, evidence-based medicine, medical indications, and the capabilities of the Clinic’s clinical facilities.

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

5.2.3. Unilaterally terminate treatment ahead of schedule if the Patient/Customer fails to comply with medical prescriptions, violates the prescribed regimen, rules governing presence at the Clinic, or the Clinic’s internal regulations.

5.2.4. Refrain from commencing 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 the rules of conduct set forth in this Agreement;
— if safe provision of the medical service cannot be ensured.

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

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 regular queue, and replace the attending physician;

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

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

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

6. RIGHTS AND OBLIGATIONS OF THE PATIENT/CUSTOMER

6.1. The Patient/Customer shall:

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

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

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

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

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

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

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

6.1.8. Provide the healthcare professional with the complete, accurate, and reliable information necessary 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, previous, or current diseases; infections; surgical procedures; possible contraindications, including contraindications to medications; individual physiological characteristics; harmful habits and occupational hazards; allergic reactions; and other required documents. The Patient shall also provide the results of previous examinations and specialist consultations conducted outside the Clinic/Provider, if available, as well as all other known information concerning the Patient’s health and other factors that may affect the course of treatment.

6.1.9. The Patient must understand that knowingly providing false or distorted information about their health may affect the accuracy of the diagnosis and prescribed treatment and may influence the prognosis for recovery.

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

6.1.11. If the attending physician is unavailable, provide such information to an employee of the Clinic’s reception desk or call center;

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

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

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

6.1.15. If the Patient conceals or provides incomplete information about their health, the Clinic/Provider shall not be liable for the outcome of treatment;

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

6.1.17. Treat 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 relevant department and 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 condition and proposed diagnostic and treatment methods if previous explanations were not understood;

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

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

6.2.8. Provide voluntary informed consent to medical intervention in accordance with applicable legislation;

6.2.9. The Patient or the Patient’s legal representative has the right to refuse medical intervention or request its termination, except in cases provided for by law. If medical intervention is refused, the Patient or legal representative must be informed, in an accessible form, of the possible consequences. Refusal of medical intervention, specifying the possible consequences, shall be documented in the medical records 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, regulatory and/or supervisory authorities, or a court;

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

6.2.13. Receive, in an accessible form, complete information concerning the Patient’s health condition and the diagnostic and treatment methods used, including examination results, the presence of disease, diagnosis and prognosis, treatment methods and associated risks, possible medical interventions, their consequences, and treatment outcomes; information concerning possible risks and benefits of proposed and alternative treatment methods; possible consequences of refusing treatment; diagnosis, prognosis, and treatment plan; an explanation of the reasons for discharge home or transfer to another medical organization; 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 purposes of performing this Agreement, in accordance with Articles 7 and 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013 No. 94-V, the Patient provides the Clinic with personal data (including surname, first name, patronymic, date of birth, identity document details, Individual Identification Number, registration address and residential address, contact details, documents confirming marital status where necessary, and other information) and consents to the processing by Clinic personnel of the Patient’s personal data, including special categories of personal data concerning the Patient’s health, for the purpose of receiving services provided by the Clinic. Such consent covers any actions involving the Patient’s personal data necessary to achieve the above purposes, including, without limitation: collection, systematization, accumulation, storage, clarification (updating, modification), use, dissemination (including transfer), anonymization, blocking, destruction, and any other actions involving personal data permitted by applicable legislation. The Patient also consents to photo, video, and audio recording within the Clinic. Personal data may be processed by the Clinic using automated processing tools or without the use of automated tools (non-automated processing).

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

7.3. The 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 the proper performance of obligations under the Agreement, any information received from the other Party pursuant to or in connection with the Agreement without the written consent of the Party that provided such information, except for information already possessed by the receiving Party before it was received under the Agreement.

7.6. Information recognized as confidential under this Agreement may be transferred to third parties or otherwise disclosed outside the Clinic 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 persons outside the Clinic, including officials, where necessary for the examination and treatment of the Patient, 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 examination and treatment of a Patient who, due to their condition, is unable to express their will, as well as in other cases provided for by the legislation of the Republic of Kazakhstan.

7.9. Medical examination results shall be communicated to Patients by Clinic personnel either personally, through mobile or other applications, or through electronic means of communication, strictly in accordance with the method requested by the Patient and specified 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 reception by signing on an automated device using an electronic digital signature (EDS) 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 processing of personal data by the Clinic/Provider.

7.10.2. By signing this Agreement, the Patient/Customer consents to audio recording, photography, and video recording on the premises of the Clinic/Provider, as well as to the publication of audio, photographic, and video materials on the Clinic/Provider’s official website.

7.10.3. I have reviewed and accept the terms of the Public Agreement for the Provision of Medical Services and confirm the conclusion of the Public Agreement for the Provision of Medical Services published on the Clinic/Provider’s website http://www.ecomed.kz.

8. LIABILITY

8.1. A Party that fails to perform or improperly performs its obligations under this Agreement shall be liable in accordance with the 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, falsified, unreliable, etc.

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 circumstances are caused by medical indications.

8.5. The Clinic/Provider shall not be liable for harm to the Patient/Customer’s health or failure to recover if such events 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 the recommendations and requirements of the Clinic’s medical personnel or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally and without recourse to court and to discontinue medical services.

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

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

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

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

8.11. The Patient/Customer shall bear liability for obstructing the lawful activities of medical and/or pharmaceutical workers, violating quarantine requirements, sanitary rules and hygienic standards, and committing administrative offenses affecting public order and morality, in accordance with the penalties and liability 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 relation to the Services.

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

8.14. If the Patient causes damage to Clinic property, the Patient must compensate 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 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 enter into force upon their public posting. In the event of discrepancies between different versions, the version available at the Clinic’s reception desk shall prevail.

10. TERM OF THE AGREEMENT

10.1. This Public Offer Agreement enters into force on the date of its public posting and remains valid until January 3, 2027, and specifically until the Parties have fully performed their obligations or the Agreement is terminated. Under the terms of the Agreement, if its provisions are violated, the Clinic has the right to terminate it unilaterally by sending written notice to the other Party. Accordingly, termination of the Agreement does not require the mandatory execution of a separate termination agreement or written confirmation from the other Party consenting to termination. The Agreement shall be deemed terminated from the moment 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, including 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 legal representative) may submit a written complaint through the reception desk for consideration by the head of the Clinic. The 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 reviewed in accordance with the procedure established by law.

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 delivered personally at an agreed time or explained verbally. 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 that cannot be resolved by the Parties in connection with the performance of this Agreement shall be resolved in accordance with the applicable legislation of the Republic of Kazakhstan.

12. PRICING POLICY

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

12.2. The Clinic does not provide discounts on its services on social grounds such as 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, information about which may be communicated through the website, the Clinic’s social media accounts, the reception desk, or by any other means. The Clinic may provide discounts to individual Patients based on a written request supported by 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 failure to perform, or improper performance of, an obligation if such failure results from force majeure circumstances arising after the conclusion of the Agreement due to 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 unforeseeable nature. Such events may include, without limitation: war, military actions, 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 a force majeure circumstance.

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 failure to perform its terms if the delay in performance results from force majeure circumstances.

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

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

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

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

14.3. For minors under 18 years of age and persons legally declared incapable, information 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 the grounds provided for by applicable legislation.

15. PROCEDURE FOR ISSUING CERTIFICATES OF TEMPORARY INCAPACITY FOR WORK, 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. Temporary incapacity for work shall be certified by a certificate of temporary incapacity for work 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 Examination of Temporary Incapacity for Work and Issuing a Certificate or Confirmation of Temporary Incapacity for Work.”

15.3. When an embryo transfer is performed, the certificate and confirmation of temporary incapacity for work 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 or an extract from the medical record. Upon the Patient’s written application, a copy of the medical record may be issued.

15. FINAL PROVISIONS

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

15.2. This Agreement is concluded through 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 the amendments or withdrawal take effect.

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 take effect simultaneously with the relevant amendments to the offer. The Patient/Customer hereby confirms that they possess all legal rights and authority necessary to enter into the Agreement.

15.4. The Patient/Customer’s ordering or receiving services after amendments have been made to the Agreement (public offer) shall be unequivocally understood by the Clinic/Provider and the Patient/Customer as acceptance of such 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 made available in hard copy at the Clinic/Provider’s location. Amendments shall enter into force 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 be deemed to be the information provided when making an appointment for a physician consultation and 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. To maintain order and ensure safety, audio and/or video surveillance is conducted in the Clinic’s halls.

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

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

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

2.2. During the cold season, the Patient must leave outerwear in the cloakroom. Entering a medical office while wearing outerwear is prohibited at any time of 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 allocated appointment time, the physician reserves the right to reschedule the appointment if it cannot be extended without adversely affecting subsequent Patients.

2.4. The Patient may enter the physician’s office only when invited. 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 office only with the attending physician’s permission and provided that they comply with all of the physician’s requirements and instructions, except in cases otherwise provided for by applicable legislation.

2.6. All visitors (Patients, legal representatives, and accompanying persons) must observe 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, such information must be provided to an employee of the Clinic’s reception desk.

2.9. Cleanliness and order must be maintained on the Clinic premises. Waste and used personal hygiene products must be disposed of only in 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 treat Clinic property with care.

2.12. Clinic personnel have the right to refuse to provide services to a Patient who fails to comply with these rules of conduct or any of the 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. If any property is damaged, destroyed, or otherwise impaired, the responsible person shall voluntarily compensate the medical center for the damage within 7 (seven) business days from the date the claim is presented, or the Clinic administration shall have the right to recover such damages from the responsible person in accordance with the procedure established by law.

3. The following is strictly prohibited:
— using obscene language;
— behaving rudely toward Clinic staff or other persons present in the Clinic or engaging in disputes with them in the presence of others;
— shouting, speaking loudly, making excessive noise, or slamming doors;
— making video recordings in a healthcare organization during an epidemic, quarantine regime, or state of emergency;
— talking on the telephone during appointments 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 anywhere inside the Clinic, or consuming 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 late arrival for a physician’s appointment or procedure;
● failure to comply with the physician’s recommendations;
● failure to comply with the requirements of medical personnel during procedures;
● taking medications at one’s own discretion;
● smoking inside or on the territory of the Clinic (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 personnel have the right to refuse to provide medical care to a Patient who fails to comply with these rules of conduct or any of the terms of this Agreement.

In the event of unlawful or inappropriate behavior by a Patient, abusive statements toward another Patient or medical personnel, 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 threaten the Patient’s life (except in emergency cases), and to discharge the Patient with an appropriate notation in the certificate of incapacity for work and medical record indicating violation of the prescribed regimen and rules of conduct.

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

Appendix 2
to the Public Offer Agreement
for the Provision of Medical Services
dated January 3, 2022

Feedback

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

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

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

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

At the Clinic:
• through the comments and suggestions book available at the reception desk;
• by email (info@ecomed.kz, marked “Reviews and Suggestions”).

Clinic social media pages:
• Instagram KZ – https://www.instagram.com/ecomed.kz
• Instagram Ust-Kamenogorsk — https://www.instagram.com/ecomed_oskemen/

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: Nazgul Nurkanovna Makhambetova
• Deputy Director for Organizational and Methodological Work: Gulden Nurlanovna Zhagniyeva, by prior appointment
• Senior Nurse: Aigerim Serikkyzy Aldabergenova
• Accountant: Shynyr Dulatkyzy Mukaliyeva

Ecomed-Shygys LLP
BIN 190140001880
Ust-Kamenogorsk
24 Karbysheva St.
Halyk Bank of Kazakhstan JSC
HSBKKZKX

Account No. KZ076010151000105161 (KZT)

Director: Nazgul Makhambetova
Address: Ust-Kamenogorsk
Director: Nazgul Nurkanovna Makhambetova
Email: oskemen@ecomed.kz
Telephone: 8 705 798 22 27
Call center: 8 775 007 07 00
+7 777 310 39 39 Accounting Department