Public offer

Public Offer Agreement
for the Provision of Medical Services

Republic of Kazakhstan, Taraz “03” January 2022

1. GENERAL PROVISIONS

1.1. This public offer is addressed to individuals, as well as their legal representatives, wishing to receive medical services (Patients) at Ecomed-Taraz 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 and conditions set forth in this offer constitute the terms and conditions of a public agreement for the provision of medical services at Ecomed-Taraz LLP.

1.4. Ecomed-Taraz 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 and conditions of this offer (hereinafter referred to as the “Agreement”).

1.5. This offer shall be valid for 5 (five) years.

1.6. This Agreement is a public offer agreement and contains all essential terms and conditions for the provision of medical services.

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

1.8. Evidence of full and unconditional acceptance of the terms and conditions of this Agreement, as well as the date of conclusion of the Agreement, shall be the Patient’s/Customer’s performance of actions aimed at fulfilling the terms of the Agreement, in particular, receipt of the service(s) and/or payment 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 for entering into an agreement for the provision of medical services to individuals (hereinafter referred to as the “Agreement”), the Clinic/Provider undertakes to provide the Patient/Customer with medical services (hereinafter referred to as “medical services”) within the scope of its activities in accordance with its valid state licenses for medical activities and the applicable regulatory legal acts 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:
— 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 07 July 2020 No. 360-VI;
— Entrepreneurial Code of the Republic of Kazakhstan dated 29 October 2015 No. 375-V;
— Code “On Marriage (Matrimony) and Family” dated 26 December 2011 No. 518-V;
— Order of the Minister of Healthcare of the Republic of Kazakhstan dated 15 December 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 8 December 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 23 November 2015 No. 414-V;
— Code of the Republic of Kazakhstan “On Taxes and Other Mandatory Payments to the Budget” (Tax Code) dated 25 December 2017 No. 120-VI;
— Budget Code of the Republic of Kazakhstan dated 04 December 2008 No. 95-IV;
— Law of the Republic of Kazakhstan “On Permits and Notifications” dated 16 May 2014 No. 202-V;
— Law of the Republic of Kazakhstan “On Personal Data and Their Protection” dated 21 May 2013 No. 94-V;
— Law of the Republic of Kazakhstan “On Consumer Rights Protection” dated 4 May 2010 No. 274-IV;
— Law of the Republic of Kazakhstan “On Limited and Additional Liability Partnerships” dated 22 April 1998 No. 220-I;
— Law of the Republic of Kazakhstan “On Compulsory Social Health Insurance” dated 16 November 2015 No. 405-V;
— Law of the Republic of Kazakhstan “On Accounting and Financial Reporting” dated 28 February 2007 No. 234-III;
— Law of the Republic of Kazakhstan “On Combating Corruption” dated 18 November 2015 No. 410-V;
— Law of the Republic of Kazakhstan “On Languages in the Republic of Kazakhstan” dated 11 July 1997 No. 151-I;
— Resolution of the Government of the Republic of Kazakhstan dated 16 October 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 29 October 2020 No. ҚР ДСМ-170/2020 “On Approval of the Rules for the Provision of Services by Healthcare Entities and the Standard Form of an Agreement for the Provision of Paid Medical Services (Care).”

3.2. Place of provision of medical services: Taraz, 222 Asanbay Askarov 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 immediate and long-term periods, and that the medical care 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 operating days and hours. Appointments are made 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 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 available 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 an online appointment request on the Clinic’s website;
— by calling the call center at +7 775 007 07 00;
— through administrators directly at the Clinic’s reception desk.

Patients may see a 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) 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 tests depends on the specific type of examination and may be up to 15 (fifteen) working days.

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

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

3.8. Appointments through the website. To submit an online appointment request through the website, the Patient must complete the relevant form and wait for a call from a call center operator confirming the appointment. If the request has not been confirmed within 24 hours during the call center’s working hours, a technical failure may have occurred, and the request should be resubmitted 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 disease is suspected, the Patient shall be referred to a specialized medical institution.

3.10. In order to maintain order and ensure safety, video surveillance is conducted in the halls and corridors of the Center in accordance with the Rules for the Use of Technical Monitoring Equipment, Surveillance and Recording Devices, and Photo and Video Equipment Used in Medical Organizations to Protect the Rights of Patients and Medical Workers, 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 cash desk either in cash or by bank card to the settlement account of the Clinic/Provider.

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, a call center specialist (administrator) shall notify the Patient at the earliest opportunity.

3.14. If the Patient is unable to attend the appointment at the agreed time, the Patient undertakes to notify the Clinic by telephone as soon as possible.

3.15. The Clinic has the right to refuse to provide services to the Patient even if a prior appointment has been made if the Patient arrives more than 15 (fifteen) minutes late. A physician may postpone the Patient’s scheduled appointment to a later time if necessary to complete the provision of medical care to the preceding patient, but for 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 contact between other patients and a patient suffering from a respiratory infectious disease. If a physician’s appointment is canceled due to the physician’s health condition, the Clinic shall promptly notify Patients scheduled to see 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 informed consent for the above procedures or to formally refuse them.

3.18. If Patients visit the Clinic in circumstances where there are sufficient grounds to believe that harm to their health was caused by unlawful actions, the Clinic shall provide the relevant information to the law enforcement authorities of the Republic of Kazakhstan at the location of the medical organization.

3.19. The Patient must arrive 10 (ten) minutes before the scheduled appointment and have an identity document for the preparation of medical documentation. In accordance with Order No. ҚР ДСМ-175/2020 of the Acting Minister of Healthcare of the Republic of Kazakhstan dated 30 October 2020 “On Approval of Forms of Accounting Documentation in the Field of Healthcare,” the Patient must provide personal data, including full name, IIN, age, residential address, and contact telephone number, both when visiting the Clinic and when making a prior appointment.

3.20. If the Patient is unable to attend the appointment at the agreed time, the Patient undertakes to notify the Clinic by telephone as soon as possible. A specific appointment time is allocated to each Patient according to the schedule. 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 upon invitation. Entering a staff office without invitation while an appointment is in progress is prohibited. This shall be regarded as a violation of the Clinic’s internal rules and as disrespectful conduct toward both Clinic staff and other patients.

3.23. The Patient has been informed that failure to follow the instructions (recommendations) of the Clinic’s medical staff may reduce the quality of the medical service provided, make it impossible to complete the service within the prescribed period, or adversely affect the Patient’s health.

3.24. If the Patient violates the Clinic’s internal regulations and rules of conduct, obstructs the lawful activities of medical workers, demonstrates disrespect toward Clinic staff, including making negative statements about the Clinic’s physicians or staff, treats staff rudely, fails to follow prescriptions, recommendations, or instructions of medical personnel, 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 discontinuation 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 undertakes to observe personal hygiene rules.

3.26. During epidemics (acute respiratory viral infections and others), maintaining social distancing and using personal protective equipment, including gauze or other masks intended to protect against respiratory infections, is recommended.

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 treatment and prevention prescriptions, shall be the property of the Clinic if provided to the Patient by the Clinic’s medical staff during their working hours. The Patient has the right to provide such medical reports to healthcare professionals at other medical organizations for the purpose of receiving medical care. Under this Agreement, the Patient and other persons are prohibited from publishing the Patient’s medical reports in mass media, social media, and online communication services, or showing them to third parties without the Clinic’s consent, unless otherwise provided by the legislation of the Republic of Kazakhstan.

3.29. Clinic staff have the right to refuse service to the Patient in the event of non-compliance 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 type of property (destruction, deterioration, damage, etc.), the responsible person shall voluntarily compensate the Clinic for the damage caused within 7 (seven) working days from the date the claim is presented, or the administration has 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 achievement of the desired outcome, since various complications may occur during and after medical services, both in the immediate and long-term periods, and the medical care 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 staying 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;
— demonstrate disrespect 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 consultations 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 offend the honor and dignity of Clinic employees and other Patients, threaten them, or exert pressure on Clinic staff and 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 garbage, 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 staff, or being under the influence of alcohol or narcotic substances, the Clinic administration reserves the right to refuse further observation and treatment of the Patient.

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

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 to provide 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 cash 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 specific specialist physician within one month.

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

4.2. The cost of paid medical services provided to the Patient/Customer shall be determined in accordance with the Price List for paid medical services approved by the Clinic/Provider and 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/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. If the Patient/Customer reasonably refuses examination or treatment by submitting a written application addressed to the head of the Clinic, the amount paid for medical services shall be refunded to the Patient/Customer upon presentation of the Patient’s identity document and receipt, except in cases provided for by a separate agreement entered into between the Clinic and the Patient.

4.5. In the event of early termination of a service, the Clinic/Provider shall refund to the Patient/Customer the difference between the amount paid and the cost of the services actually provided, except in cases 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 staff during the provision of medical care, the Patient undertakes to pay for them after receipt, but no later than 30 (thirty) minutes after they are 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, 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 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 medical services are required on an emergency basis to eliminate a threat to the Patient’s life in the event of sudden acute diseases, conditions, or exacerbations of chronic diseases, in accordance with the Code of the Republic of Kazakhstan dated 7 July 2020 “On Public Health and Healthcare System” (hereinafter referred to as the Code);

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

5.1.7. Inform and notify the Patient:
— if any type of service cannot be provided;
— if emergency or planned inpatient treatment of the Patient is required;
— of contraindications and possible adverse consequences associated with a specific type of service;
— of unilateral termination of the Agreement in the event of a violation of internal regulations or rules of conduct.

5.1.9. Provide the Patient with direct access to medical documentation reflecting the Patient’s health condition and, upon written request from 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 health reports specifying examinations and treatment measures performed in accordance with the legislation of the Republic of Kazakhstan.

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

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

5.1.13. Treat the Patient/Customer respectfully and humanely;

5.1.14. Provide high-quality medical services using modern diagnostic and treatment methods, in full and in accordance with this Agreement, after the Patient/Customer has made payment in 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 to establish a diagnosis and provide treatment, guided by clinical diagnostic and treatment protocols, 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, evidence-based medicine, medical indications, and the capabilities of the clinical facilities.

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

5.2.3. Unilaterally terminate treatment early if the Patient/Customer fails to comply with medical prescriptions, 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 the 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 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;
— if the Patient refuses to complete/sign documents required for the provision of specific types of services (voluntary informed consent to medical intervention, etc.).

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’s/Customer’s health, obtain from the Patient/Customer a corresponding written refusal of medical care after explaining the possible health consequences of such refusal.

5.2.7. Change the time at which services are provided by 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 arrives more than 15 (fifteen) minutes after the scheduled time for receiving a service, reschedule or cancel the Patient’s appointment;

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

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

6. RIGHTS AND OBLIGATIONS OF THE PATIENT/CUSTOMER

6.1. The Patient/Customer undertakes to:

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

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

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

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

6.1.5. Treat healthcare professionals and other persons involved in providing medical care respectfully 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, in the manner specified in Section 4 of this Agreement, and exclusively through the Clinic’s/Provider’s cash desk;

6.1.8. Provide the person rendering medical care with the necessary and accurate information required for the proper provision of medical services, including personal data; information about the Patient’s health and the health of close relatives; medical history; hereditary, previous, or existing diseases; infections; 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 must also provide the results of previous examinations and specialist consultations conducted outside the Clinic/Provider, if available, and all other known information concerning the Patient’s health and other factors that may affect the course of treatment.

6.1.9. The Patient must understand that deliberate distortion 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. During treatment, the Patient must inform the attending physician of any changes in well-being and immediately notify the physician of adverse situations that may have caused harm to the Patient’s health;

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

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’s/Provider’s physicians, could reduce or eliminate a threat to the Patient’s/Customer’s health, provide a corresponding written refusal of medical care;

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

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

6.1.16. During epidemics 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. 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 request transfer to another attending physician where an appropriate alternative is available;

6.2.2. Be treated respectfully by Clinic employees and other persons involved in 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 regarding 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. Receive examination and treatment under conditions that comply with sanitary, hygienic, and anti-epidemic requirements;

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

6.2.9. The Patient or the Patient’s legal representative has the right to refuse medical intervention or request its termination, except in cases provided by law. If medical intervention is refused, the Patient or the Patient’s legal representative must be informed in an understandable manner of the possible consequences. The refusal of medical intervention, including the possible consequences, shall be recorded in the medical documentation and signed by the Patient or the Patient’s legal representative and by the healthcare professional;

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

6.2.11. Ensure that Clinic staff do not disclose outside the Clinic information concerning the fact that the Patient sought medical care, the Patient’s health condition, diagnosis, or other information obtained during examination and treatment, except in cases provided for by law;

6.2.13. 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, its diagnosis and prognosis, treatment methods and associated risks, possible options for medical intervention, their consequences and the results of treatment provided; information on possible risks and benefits, proposed and alternative treatment methods, possible consequences of refusing treatment, diagnosis, prognosis and treatment plan, as well as 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 panel convened.

6.2.14. The Patient may designate a person to whom information about the Patient’s health condition should be disclosed. Information concerning the Patient’s health may be withheld from the Patient taking into account the Patient’s health condition and communicated 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 21 May 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, and, where necessary, documents confirming marital status and other information) and consents to the processing by Clinic staff of the Patient’s personal data, as well as special categories of personal data concerning the Patient’s health, for the purpose of receiving services provided by the Clinic. Such consent applies to any actions involving the Patient’s personal data 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 automation (non-automated processing).

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

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

7.5. The Parties undertake not to disclose to third parties not involved in providing the Services, and not to use for purposes other than the proper fulfillment of obligations under the Agreement, any information received from the other Party in accordance with or in connection with the Agreement without the written consent of the Party that provided such information, except for information that was already obtained by the receiving Party before receiving it under the Agreement.

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

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

7.8. Information contained in the Patient’s medical records and constituting medical confidentiality may be provided without the consent of the Patient or the Patient’s representative for the purpose of examining and treating a Patient who is unable to express their will due to their condition, 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 staff either personally, through mobile or other applications, or by electronic means of communication, strictly upon the Patient’s request and using the contact details specified by the Patient during registration.

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

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

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 official website of the Clinic/Provider.

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

8. LIABILITY

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

8.2. The Clinic shall be released from liability for failure to perform or improper performance of this Agreement where such failure results from the Patient’s violation of the terms of this Agreement, as well as on other grounds provided for by the legislation of the Republic of Kazakhstan.

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

8.4. The Clinic/Provider shall not be liable for the quality of medical services in cases 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’s/Customer’s health or for the absence of recovery if such circumstances result from the Patient’s/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 staff 2 (two) or more times, or violates the Clinic’s internal regulations, the Clinic has the right to terminate this Agreement unilaterally without recourse to court and to discontinue 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 letter setting out its claims. 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 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’s services have been provided;
— 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;
— occurrence of side effects from medications and pharmaceutical products where the possibility of such side effects was indicated by the manufacturer in the product information;
— failure by the Patient to inform the physician about previous diseases, allergic reactions, or contraindications, where the ineffectiveness of the medical service provided or harm caused resulted from 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 if such failure results from force majeure or other circumstances beyond their control (natural disasters, epidemics, military actions, strikes, decisions adopted by competent authorities, etc.) that prevent performance of obligations under this Agreement.

8.11. The Patient/Customer shall be liable for obstructing the lawful activities of medical and/or pharmaceutical workers, violating quarantine requirements, sanitary rules and hygiene standards, and committing administrative offenses infringing upon public order and morality in the Republic of Kazakhstan, for which fines and other liability are prescribed. 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 relation to the Services.

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

8.14. If the Patient causes damage to the Clinic’s property, the Patient must compensate 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 TERMS OF THE AGREEMENT

9.1. The terms and conditions of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic’s/Provider’s website and made available in hard copy at the Clinic’s reception desk. Amendments shall enter into force from the moment they are publicly posted. In the event of discrepancies between versions, the version available at the Clinic’s reception desk shall prevail.

10. TERM OF THE AGREEMENT

10.1. This Public Offer Agreement shall enter into force on the date of its public posting and shall remain valid until “03” January 2027, and specifically until the Parties have fulfilled their obligations or the Agreement has been terminated. Under the terms of the Agreement, if its terms are violated, the Clinic has the right to terminate it unilaterally by sending written notice to the other Party. Accordingly, termination of the Agreement does not require the mandatory execution of a termination agreement or written confirmation of the other Party’s consent to termination. The Agreement shall be deemed terminated from the moment the notice is sent to the Patient.

11. PROCEDURE FOR RESOLVING DISPUTES AND CONFLICT SITUATIONS

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

11.2. In the event of a violation of the Patient’s rights, the Patient (or the Patient’s legal representative) may submit a written complaint through the reception desk for consideration by the head of the Clinic. The complaint may be entered in the feedback and suggestions book or submitted electronically through the Clinic’s website. To facilitate a prompt response to the complaint, 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) 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 provided by the Patient or, at the Patient’s request, may be delivered personally at an agreed time or explained orally. A response to a complaint submitted through the Clinic’s website shall be sent electronically to the email address 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 not resolved by the Parties in connection with the performance of this Agreement shall be resolved in accordance with the applicable legislation of the Republic of Kazakhstan.

12. PRICING POLICY

12.1. The cost of services, except for services provided under a state-funded healthcare order, shall be determined independently by the Clinic and specified in the Clinic’s service price list approved by order of the Clinic Director. Information concerning the prices of the Clinic’s services published on 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 accounts, at the reception desk, or by any other means. The Clinic has the right to provide discounts to individual Patients based on their application supported by official documentation, which shall be reviewed 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 conclusion of the Agreement as a result of extraordinary circumstances that the Party could neither foresee nor prevent.

13.2. For the purposes of the 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 governmental or administrative authorities.

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

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

14. PROCEDURE FOR PROVIDING INFORMATION ABOUT THE PATIENT’S HEALTH 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 authorized Clinic officials. The information must 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, as well as treatment results and possible complications. Health information may not be provided to a citizen against their will. In cases of an unfavorable prognosis, the information must 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. With respect to minors under 18 years of age and persons declared legally incapacitated in accordance with the procedure established by law, information concerning the Patient’s health condition shall be provided to their legal representative.

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

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

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

15.2. A document certifying the Patient’s temporary disability is a temporary disability certificate in the prescribed form, the issuance procedure for which is approved by Order No. ҚР ДСМ-198/2020 of the Minister of Healthcare of the Republic of Kazakhstan dated 18 November 2020 “On Approval of the Rules for Conducting an Examination of Temporary Disability and Issuing a Temporary Disability Certificate or Medical Certificate.”

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

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

15. FINAL PROVISIONS

15.1. Without contradicting the terms and conditions 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.

15.2. This Agreement is concluded through the Patient’s/Customer’s acceptance of the Clinic’s/Provider’s public offer and shall remain in force until the Parties have fully performed their obligations. The Clinic/Provider reserves the right to amend the terms and conditions of the offer or withdraw the offer at any time at its discretion, subject to mandatory notification of the Patient/Customer no later than 5 (five) working days before the amendments or withdrawal of the offer enter into force.

15.3. 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 corresponding 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’s/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.

15.5. The terms and conditions of this Agreement may be amended unilaterally by the Clinic/Provider. Amendments to the Agreement shall be published online on the Clinic’s/Provider’s website and/or made available in hard copy at the location of the Clinic/Provider. 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’s/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.

16.2. Clinic/Provider:

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

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

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. A specific appointment time is allocated to each Patient according to the schedule. Late arrival and delays may reduce the quality of the service provided and delay the appointment of the next Patient. 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 upon invitation. Entering the physician’s office without invitation while an appointment is in progress is prohibited.

2.5. Accompanying persons, except for the Patient’s legal representatives, may remain in the consultation room only with the permission of the attending physician and provided that they comply with all of the physician’s requirements and instructions, except in cases provided for by applicable legislation.

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

2.7. The Patient has the right to receive 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 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 designated waste bins, and used shoe covers must be placed in the special bin located in the Clinic foyer.

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

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

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

3. The following are strictly prohibited:
— using obscene language;
— behaving rudely toward Clinic staff or other persons present at the Clinic, or engaging in disputes with them in the presence of others;
— shouting, speaking loudly, making excessive noise, or slamming doors;
— making video recordings in the healthcare organization during an epidemic, quarantine regime, or state of emergency;
— talking on the telephone during consultations and procedures;
— throwing waste or shoe covers on the floor or running around the Clinic;
— acting as a sales representative or engaging in commercial activities of any kind;
— consuming alcoholic beverages, smoking on the porch or in any premises of the Clinic, or consuming 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 timely arrive for a physician’s appointment or procedure;
● failure to comply with the physician’s recommendations;
● failure to comply with the requirements of medical staff while they perform various procedures;
● taking medications at one’s own discretion;
● smoking inside the Clinic or on its premises (Prohibited!);
● violation of the internal regulations and rules of conduct set forth in the Agreement;
● being on the Clinic premises while under the influence of alcohol or narcotic substances.

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

In the event of unlawful or inappropriate behavior by the Patient, abusive statements toward another Patient or medical staff, 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 threaten the Patient’s life (except in emergency cases), and to discharge the Patient with an appropriate notation in the temporary disability certificate and medical record regarding violation of the treatment regimen and the Patient’s 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 “03” January 2022

Feedback

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

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

Feedback regarding the work of the Clinic’s team of specialists, as well as wishes and suggestions, may be submitted in any convenient manner:
• on the Clinic’s website (the “Reviews” section), 2GIS, etc.

At the Clinic:
• the feedback and suggestions book available at the reception desk;
• by email (info@ecomed.kz with the subject “Feedback and Suggestions”).

Clinic social media pages:
• Instagram KZ – https://www.instagram.com/ecomed.kz
• Instagram ecomed_taraz — https://www.instagram.com/ecomed_taraz/
• TikTok — https://www.tiktok.com/@ecomed_taraz

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 services and reception:
• Director: Gulmira Sultanovna Aimurzayeva;
• Nurse: Aidana Nurlankyzy Ayup;
• Chief Accountant: Nurzhan Nugmanuly Nogayev;
• Expert Physician: Zukhra Tynyshtikbayevna Abdiyeva;
• Lawyer: Ainur Sattarbekovna Ospanova.

Ecomed-Taraz LLP
BIN 201240032079
IIC KZ126010291000376761
BIC HSBKKZKX, Halyk Bank of Kazakhstan JSC
Address: 9 Kozhanov Street, Turkestan
Director: Yestay Ayatovich Bakirov

Email: ecomed17@mail.ru
Telephone: 8 (7252) 77 22 77
Call center: 8 775 007 07 00
Accounting Department: +7 701 604 6341