Public offer

Public Offer Agreement
for the Provision of Paid Medical Services

Republic of Kazakhstan, Uralsk July 05, 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-Zhaiyk LLP, in accordance with Articles 387 and 395 of the Civil Code of the Republic of Kazakhstan.

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

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

1.4. Ecomed-Zhaiyk LLP, hereinafter referred to as the “Clinic and/or Provider,” represented by the 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. This offer shall remain valid for 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 of this Agreement are the same for all Patients/Customers.

1.8. Evidence of full and unconditional acceptance of the terms of this Agreement, as well as the date of conclusion of the Agreement, shall be the performance by the Patient/Customer of actions aimed at fulfilling the terms of the Agreement, including, 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 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 to enter into an agreement for the provision of medical services to individuals (hereinafter referred to as the “Agreement”), the Clinic/Provider undertakes to provide the Patient/Customer with medical services (hereinafter referred to as “medical services”) within the scope of its activities in accordance with its valid state licenses for medical activities and the applicable regulatory legal acts in the healthcare sector of the Republic of Kazakhstan, while the Patient/Customer undertakes to pay the cost of the services provided in a timely manner, comply with the requirements and recommendations of the Clinic’s specialists, and observe the Clinic’s internal regulations and rules of conduct. The list and cost of medical services provided to the Patient shall be determined by the Clinic’s Price List in effect at the time the services are 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:
— the Constitution of the Republic of Kazakhstan;
— the Civil Code of the Republic of Kazakhstan;
— the Code of the Republic of Kazakhstan “On Public Health and Healthcare System” dated July 07, 2020, No. 360-VI;
— the Entrepreneurial Code of the Republic of Kazakhstan dated October 29, 2015, No. 375-V;
— the Code on Marriage (Matrimony) and Family dated December 26, 2011, No. 518-V;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 15, 2020, No. ҚР ДСМ-272/2020 “On Approval of the Rules and Conditions for the Use of Assisted Reproductive Methods and Technologies”;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated December 8, 2020, No. ҚР ДСМ-236/2020 “On Approval of the Rules and Conditions for Donation of Germ Cells and Reproductive Organ Tissues”;
— the Labor Code of the Republic of Kazakhstan dated November 23, 2015, No. 414-V;
— the Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code) dated December 25, 2017, No. 120-VI;
— the Budget Code of the Republic of Kazakhstan dated December 04, 2008, No. 95-IV;
— the Law of the Republic of Kazakhstan “On Permits and Notifications” dated May 16, 2014, No. 202-V;
— the Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated May 21, 2013, No. 94-V;
— the Law of the Republic of Kazakhstan “On Consumer Rights Protection” dated May 4, 2010, No. 274-IV;
— the Law of the Republic of Kazakhstan “On Limited and Additional Liability Partnerships” dated April 22, 1998, No. 220-I;
— the Law of the Republic of Kazakhstan “On Compulsory Social Health Insurance” dated November 16, 2015, No. 405-V;
— the Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” dated February 28, 2007, No. 234-III;
— the Law of the Republic of Kazakhstan “On Combating Corruption” dated November 18, 2015, No. 410-V;
— the Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” dated July 11, 1997, No. 151-I;
— Resolution of the Government of the Republic of Kazakhstan dated October 16, 2020, No. 672 “On Approval of the List of 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 the Agreement for the Provision of Paid Medical Services (Care).”

3.2. Place of provision of medical services: Uralsk, 10th Microdistrict, 104 Samal Street.

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 caused by the biological characteristics of the body.

3.4. The Clinic/Provider provides services under this Agreement during its operating days and hours. Appointments may be made daily during the Clinic’s operating hours for any available time and date, subject to the Clinic’s operating schedule and the schedule of the relevant specialist.

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

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

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

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

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

Patients may see a physician without a prior appointment subject to agreement 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) 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 examinations depends on the specific type of examination and may be up to 15 (fifteen) working days.

If emergency medical care must be provided to another patient in serious condition or another patient requires an emergency 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 form and wait for a call from a call center operator confirming the appointment. If the request has not been confirmed within 24 hours during the call center’s operating hours, a technical failure may have occurred, in which case the request should be submitted again or the call center should be contacted 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 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 Medical Professionals, as approved by the authorized body.

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

3.12. Payment shall be made at the Center’s cashier’s office 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 include: a signed agreement; advance payment; an application; a referral; and an identity document of the referred patient.

3.13. In the event of an unforeseen absence of a physician or other emergency circumstances, the 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 the Patient even if an appointment has been made in advance if the Patient is more than 15 (fifteen) minutes late. The physician may postpone the Patient’s scheduled appointment to a later time if necessary to complete medical care for the preceding patient, but for no more than 1 (one) hour. The physician may change the order in which patients are seen even when appointments have been made in advance if necessary to see a patient in a more serious condition or to reduce other patients’ contact with a patient suffering from a respiratory infectious disease. If a physician’s appointment is canceled due to the physician’s health condition, the Clinic shall promptly notify Patients who had appointments with that physician; however, the Clinic is not required to provide a replacement physician.

3.16. If the Patient/Customer arrives 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) undertakes to sign an informed consent form for the above 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 have 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 in advance.

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

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

3.22. The Patient shall 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. This shall be regarded as a violation of the Clinic’s internal regulations and as disrespectful behavior toward both Clinic staff and other patients.

3.23. The Patient has been 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 time frame, or adversely affect the Patient’s health.

3.24. In the event that the Patient violates the Clinic’s internal regulations and rules of conduct, obstructs the lawful activities of medical professionals, demonstrates disrespect toward Clinic staff, including making negative statements about the Clinic’s physicians and staff, behaves rudely toward staff, fails to comply with instructions, recommendations, and prescriptions of medical personnel, or in the event of psychological incompatibility manifested as 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 observe the rules of personal hygiene.

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 masks intended to protect against respiratory infections.

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

3.28. Medical reports concerning the Patient’s health, containing information about the diagnosis, the Patient’s physical condition, recommendations, and prescriptions for treatment and prevention, are the property of the Clinic if they were provided to the Patient by the Clinic’s medical personnel during their working hours. The Patient has the right to provide such medical reports to medical professionals at 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 the Clinic’s approval, unless otherwise provided by the legislation of the Republic of Kazakhstan.

3.29. Clinic staff have the right to refuse to provide services to the 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 treat the Clinic’s property with care. In the event of damage to any property (destruction, deterioration, damage, etc.), the person responsible shall voluntarily compensate the Clinic for the damage within 7 (seven) working days from the date the claim is presented, or the administration has the right to recover the amount 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 the provision of medical services, both in the short and long term, and that the medical technologies used cannot completely eliminate the possibility of side effects and complications caused by the biological characteristics of the body.

3.32. Internal regulations and rules of conduct at the Clinic. While visiting and remaining on the premises of the medical institution, it is prohibited to:
— interfere with the actions of the attending physician or perform other actions that disrupt the process of providing medical care;
— behave disrespectfully toward other patients or Clinic employees;
— damage Clinic property;
— disturb the peace and order in the Clinic, make noise, slam doors, etc.;
— talk on a mobile phone during appointments and medical procedures;
— use obscene language, verbally abuse or behave rudely toward Clinic staff or other persons present at the Clinic, or engage in disputes with them in the presence of others;
— insult or undermine 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 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 inappropriate, unacceptable, or aggressive behavior by the Patient, the Patient’s legal representatives, or accompanying persons, including violent or disorderly conduct, rude statements directed at medical personnel, or being under the influence of alcohol or 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 masks intended to protect against respiratory infections.

3.37. The Clinic’s management and staff have the right to refuse service, observation, treatment, and 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 office 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 specific 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 Price List for paid medical services approved by the Clinic/Provider and in effect at the time of the Patient’s visit.

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

4.4. In the event of a justified refusal by the Patient/Customer to undergo examination or treatment by submitting a written application addressed to the head of the Clinic, the amount paid for medical services shall be refunded to the Patient/Customer upon presentation of the Patient’s identity document and receipt, except in cases 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 pay 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 is required to pay for the Clinic’s services before receiving them. If additional services are prescribed by the Clinic’s medical personnel during the provision of medical care, the Patient undertakes to pay for them after they have been provided, but no later than 30 (thirty) minutes after receiving them. Payment may be made in cash or by cashless payment.

4.7. Payment for the Clinic’s services shall be made 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 the provision of medical care, and applicable medical care standards;

5.1.2. Comply with regulatory legal acts in the healthcare sector;

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

5.1.4. 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 according to medical indications;

5.1.5. Ensure the provision of medical care free of charge if, during the provision of paid medical services, additional emergency medical services are required to eliminate a threat to the Patient’s life arising from sudden acute diseases, 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 on the location of the Clinic (place of its state registration), operating hours, the 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;
— of the need to arrange emergency or planned inpatient treatment for the Patient;
— of contraindications and possible adverse consequences of providing a particular 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 records reflecting the Patient’s health condition and, upon the written request of the Patient or the Patient’s legal representative, provide copies of medical documents reflecting the Patient’s health condition;

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

5.1.11. Maintain the necessary sanitary, hygienic, and anti-epidemic conditions on its premises when 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 and in accordance with this Agreement, after the Patient/Customer has made payment in accordance with Section 4 of this Agreement and provided documents confirming payment;

5.1.15. Keep records of the types, scope, 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 to establish a diagnosis and provide treatment, guided by clinical protocols for diagnosis and treatment, procedures and standards of medical care approved by the Ministry of Healthcare of the Republic of Kazakhstan or, in the absence of applicable clinical protocols, by the experience of its physicians, generally accepted approaches, and evidence-based medicine according to medical indications and taking into account the capabilities of the clinical facilities.

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

5.2.3. Unilaterally terminate treatment early if medical prescriptions are not followed or if the Patient/Customer violates the treatment regimen, rules for staying at the Clinic, or internal regulations.

5.2.4. Refrain from providing paid services until the Patient has fulfilled the obligation to pay for medical services;

5.2.5. Refuse to provide services:
— if contraindications to therapeutic or diagnostic 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 it is impossible to ensure the safe provision of a medical service.

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

5.2.7. Change the time of service provision upon prior agreement with the Patient, see a Patient with symptoms of an acute illness without waiting in line, 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 stipulated 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-Zhaiyk LLP.

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

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

6.1.8. Provide the person delivering medical care with all necessary and accurate information required for the proper provision of medical services, including personal data; information about the Patient’s health and the health of close relatives; medical history, including hereditary, previous, or existing diseases, infections, and surgeries; possible contraindications, including contraindications to medications; individual characteristics of the body; harmful habits and occupational hazards; allergic reactions; and other necessary 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 about 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, the treatment prescribed, and the prognosis for recovery.

6.1.10. The Patient must immediately notify the attending physician of any deterioration in health and, while undergoing treatment, inform the attending physician of any changes in well-being and immediately report 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 a member of the Clinic’s reception staff 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. In the event of failure to attend and/or arrival more than 15 (fifteen) minutes after the scheduled service time, 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 responsible for the treatment outcome;

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

6.1.17. Treat the Clinic’s property with care.

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

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

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

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

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

6.2.4. Request additional explanations from the Clinic/Provider concerning the Patient’s health condition and proposed diagnostic and treatment methods if previous explanations were unclear.

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

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

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

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

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

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

6.2.11. Receive, in an understandable form, complete information about the Patient’s health condition and the diagnostic and treatment methods used, including examination results, the presence of a disease, diagnosis and prognosis, treatment methods and associated risks, possible medical intervention options, their consequences and treatment outcomes, as well as information regarding possible risks and benefits, proposed and alternative treatment methods, possible consequences of refusing treatment, diagnosis, prognosis, and treatment plan, and an explanation of the reasons for discharge home or transfer to another medical organization; obtain an independent opinion concerning the Patient’s health condition and have a medical consultation convened. 6.2.14. The Patient may designate a person to whom information concerning the Patient’s health condition should be disclosed. Information concerning the Patient’s health condition may be withheld from the Patient taking into account the Patient’s condition and may be 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, as well as special categories of personal data relating to the Patient’s health, for the purpose of receiving services provided by the Clinic. Such consent is granted for 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 the following methods: automated processing of personal data and processing of personal data without automated means (non-automated processing).

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

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

7.4. The Parties undertake not to disclose to third parties not involved in providing the Services, and not to 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 obtained by the receiving Party prior to receiving it under the Agreement;

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

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

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

7.8. The results of medical examinations shall be communicated by Clinic personnel to Patients either personally, through mobile or other applications, or through electronic communication channels, strictly at the Patient’s request using the contact details specified by the Patient during registration.

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

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

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

8. LIABILITY

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

8.3. The Clinic shall not be liable for consequences related to documents (including personal documents) and/or information provided by the Patient where such documents or information are inaccurate, fraudulent, imprecise, etc.

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

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

8.6. If the Patient/Customer fails to comply with the recommendations and requirements of the Clinic’s medical personnel 2 (two) or more times, or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally without recourse to court and 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 to it 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 performance of other actions aimed at worsening the Patient’s health;
— provision of services at the Patient’s insistence in the absence of medical indications;
— failure to complete the treatment plan due to the Patient’s failure to attend or refusal to continue treatment;
— occurrence of previously unidentified allergies or intolerance to medications or medical devices approved for use;
— medical intervention by third parties after the Clinic has provided its services;
— the Patient’s informed refusal to continue treatment where the Patient was warned that the medical services actually provided in such circumstances might be ineffective;
— the Patient’s subsequent health condition or complications associated with refusal of treatment as a whole or individual medical interventions;
— side effects resulting from the use of medicinal products and preparations where the possibility of such side effects was stated by the manufacturer in the accompanying information;
— the Patient’s failure 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 non-performance or improper performance of their obligations under this Agreement if such non-performance results from force majeure or other circumstances beyond their control (natural disasters, epidemics, military actions, strikes, decisions adopted by competent authorities, etc.) preventing performance of obligations under this Agreement.

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

8.12. In the event that the Patient/Customer violates the payment terms for medical services, the Clinic/Provider may impose penalties. If the Patient incurs a 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.

8.13. If the Patient causes damage to the Clinic’s property, the Patient shall compensate for the damage in full.

8.14. In all other cases, the Parties shall bear liability in accordance with the applicable legislation of the Republic of Kazakhstan.

9. AMENDMENT OF THE TERMS 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 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 July 05, 2027, and specifically until the Parties have fully performed their obligations or the Agreement is terminated. Under the terms of the Agreement, in the event of a violation of its terms, the Clinic has the right to terminate it unilaterally by sending written notice to the other Party. Accordingly, termination of the Agreement does not require the mandatory signing of a termination agreement or written confirmation by the other Party of its consent 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, as well as their recording and analysis, shall be determined on the basis of an order approved by the authorized healthcare body.

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

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

11.4. The Patient may contact the Internal Audit and Patient Support Service or the head of the Clinic regarding any questions, complaints, or suggestions.

11.5. The Parties undertake to resolve all disputes arising under this Agreement through negotiations between the Parties and/or their representatives, as well as through mediation. Any disputes that remain unresolved between 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 healthcare order, shall be determined independently by the Clinic and specified in the Clinic’s service Price List approved by an order of the Clinic Director. Information concerning prices for the Clinic’s services published on the official website shall always correspond to the information contained in the Clinic’s Price List.

12.2. The Clinic does not provide discounts on its services on social grounds, including disability, retirement age, or having a large family.

12.3. The Clinic may provide discounts on individual services or all services as part of temporary promotions announced on its website, through its social media pages, at the reception desk, or by any other means. The Clinic has the right to provide discounts to individual Patients based on their application and supporting official documents, subject to consideration by the Clinic Director.

13. FORCE MAJEURE

13.1. A Party shall be released from liability for partial or complete non-performance or improper performance of an obligation if such failure results from force majeure circumstances arising after 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 unforeseen nature. Such events may include, but are not limited to: 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 where 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 of its terms where the delay in performance results from force majeure circumstances.

13.6. In the event of force majeure circumstances, 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 to perform its obligations under the Agreement to the extent reasonably practicable and shall seek alternative methods of performing the Agreement that are not affected by the force majeure circumstances.

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

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

14.2. Information concerning the Patient’s health condition shall be provided to the Patient in an understandable form consistent with the requirements of medical ethics by the attending physician or other Clinic officials. Such information shall include examination results, the presence of a disease, diagnosis and prognosis, examination and treatment methods and associated risks, possible options for medical intervention and their consequences, treatment outcomes, and possible complications. Information concerning health shall 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 the citizen’s family unless the citizen has prohibited such disclosure and/or designated another person to whom the information should be communicated.

14.3. With respect to minors under 18 years of age and persons legally recognized as incapacitated in accordance with established procedure, information concerning the Patient’s health condition shall be provided to their legal representative.

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

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

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

15.2. A document certifying the Patient’s temporary disability shall be a temporary disability certificate in the prescribed form, the procedure for issuing 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 Disability and Issuing a Temporary Disability Certificate or Statement.”

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

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

16. Final Provisions

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

16.2. This Agreement is concluded through the Patient/Customer’s acceptance of the Clinic/Provider’s public offer and remains valid 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) working days before the amendments or withdrawal of the offer enter into effect.

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

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

16.5. The terms of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic/Provider’s website and/or in hard copy at the Clinic/Provider’s location. Amendments shall enter into force upon their public posting.

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

17. DETAILS AND SIGNATURES OF THE PARTIES

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

17.2. Clinic/Provider:

Ecomed-Zhaiyk LLP
Legal address: Republic of Kazakhstan,
West Kazakhstan Region, Uralsk, 10th Microdistrict, 104 Samal Street.

BIN: 220240004768
IBAN: KZ02601A141000361031
BIC: HSBKKZKX
Halyk Bank of Kazakhstan JSC

Telephone: +7 775 224 15 15
Email: ecomed.oral@mail.ru
Website: www.ecomed.kz

Appendix 1

to the Public Offer Agreement
for the Provision of Medical Services

dated July 05, 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. Visiting the Clinic is 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 consultation room while wearing outerwear is prohibited at any time of year.

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

2.4. The Patient shall 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, other than the Patient’s legal representatives, may remain in the consultation room only with the permission of the attending physician and provided that they comply with all of the physician’s requirements and instructions, except in cases provided by applicable legislation.

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

2.7. The Patient has the right to obtain from the attending physician, anesthesiologist, Reproductive Medicine Specialist, gynecologist, Urologist-Andrologist, etc., all information of interest concerning the proposed examination, treatment, and/or surgical intervention.

2.8. The Patient must immediately notify the attending physician of any deterioration in health. If the attending physician is absent, this information must be provided to a member of the Clinic’s reception staff.

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 masks intended to protect against respiratory infections.

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

2.12. Clinic personnel have the right to refuse to provide services to a Patient who fails to comply with the rules of conduct set forth herein and all terms of this Agreement.

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

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

3. It is strictly prohibited to:
— use obscene language;
— behave rudely toward Clinic staff or other persons present at the Clinic, or engage in disputes with them in the presence of others;
— shout, speak loudly, make noise, or slam doors;
— make video recordings during an epidemic, quarantine regime, or state of emergency introduced at the healthcare organization;
— talk on the telephone during appointments and medical procedures;
— throw litter or shoe covers on the floor or run through the Clinic;
— act as a sales representative or engage in the sale of any goods;
— consume alcoholic beverages, smoke on the porch or in any premises of the Clinic, or use other substances that alter consciousness or behavior.

The following shall be considered violations:
● rude and disrespectful behavior toward 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 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 Clinic premises 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 the rules of conduct set forth herein and all terms of this Agreement.

In the event of unlawful or inappropriate behavior by the Patient, rude statements directed at another Patient or medical personnel, the Patient being under the influence of alcohol or narcotic substances, or violation of these Rules, the Clinic administration reserves the right to refuse further observation and treatment of the Patient, provided that this does not 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 deposited for safekeeping.

Appendix 2

to the Public Offer Agreement
for the Provision of Medical Services

dated July 05, 2022

Feedback

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

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

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

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

At the Clinic:

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

The Center’s social media pages:
• Instagram KZ – https://www.instagram.com/ecomed.kz
• Instagram Oral — https://www.instagram.com/ecomedoral/
• Facebook — https://www.facebook.com/ecomed oral

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

* Director: Zhanargul Serikbayevna Rakhym;
* Head of the Internal Audit and Patient Support Service: Zhanargul Serikbayevna Rakhym

Ecomed-Zhaiyk LLP
Legal address: Republic of Kazakhstan,
West Kazakhstan Region, Uralsk, 10th Microdistrict, 104 Samal Street.

BIN: 220240004768
IBAN: KZ02601A141000361031
BIC: HSBKKZKX
Halyk Bank of Kazakhstan JSC

Telephone: +7 775 224 15 15
Email: ecomed.oral@mail.ru
Website: www.ecomed.kz