{"id":1812,"date":"2025-07-14T10:06:03","date_gmt":"2025-07-14T07:06:03","guid":{"rendered":"https:\/\/reocellclinic.com\/?page_id=1812"},"modified":"2025-07-16T16:48:11","modified_gmt":"2025-07-16T13:48:11","slug":"offer-contract","status":"publish","type":"page","link":"https:\/\/reocellclinic.com\/en\/offer-contract\/","title":{"rendered":"Public agreement for the provision of medical services and cord blood bank services"},"content":{"rendered":"<p><b>Limited Liability Company &#8220;M.T.K. Medical Center&#8221;<\/b><span style=\"font-weight: 400;\"> represented by General Director Dmytro Ivanovych Derkach, acting on the basis of the Statute (hereinafter referred to as the &#8220;Enterprise&#8221;), pursuant to Articles 633, 641, and 644 of the Civil Code of Ukraine, publicly offers an unlimited number of persons the opportunity to receive paid medical services and cord blood bank services under the terms set forth in this Agreement. For this purpose, the Enterprise publishes the terms and conditions for the provision of such services, as outlined in this Agreement, which is a public adhesion contract.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">In accordance with Article 641 of the Civil Code of Ukraine, this Agreement, posted on the Internet at the links: https:\/\/www.reocellclinic.com and https:\/\/www.reocell.com, constitutes a public offer.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">The Client\u2019s adherence to this Agreement is effected either by signing a written application for adherence or electronically, following the Client\u2019s identification on the relevant website.<\/span><\/p>\n<p style=\"text-align: center;\">1. <b>KEY DEFINITIONS USED IN THE AGREEMENT<\/b><\/p>\n<p>1.1. <b>Biological Material<\/b><span style=\"font-weight: 400;\"> \u2013 tissues, cells, biological fluids, secretions, physiological excretions, swabs, scrapings, washes, biopsy material obtained from the Client.<\/span><\/p>\n<p>1.2. <b>Cord Blood Bank, Other Human Tissues, and Cells<\/b><span style=\"font-weight: 400;\"> \u2013 a structural unit of the Enterprise that has obtained the relevant license and independently, or with the involvement of third parties, conducts cord blood bank activities.<\/span><\/p>\n<p>1.3. <b>Biotechnological Laboratory<\/b><span style=\"font-weight: 400;\"> \u2013 a structural unit that processes biological material, performs labeling (coding), and, if necessary, conducts testing of cord blood products and\/or preparations, other human tissues, and cells.<\/span><\/p>\n<p>1.4. <b>Cells<\/b><span style=\"font-weight: 400;\"> \u2013 individual\/discrete cells or in vitro cell cultures not combined into any tissue (except for reproductive cells).<\/span><\/p>\n<p>1.5. <b>Cord Blood, Other Human Tissues, and Cell Products and\/or Preparations (Cellular Product)<\/b><span style=\"font-weight: 400;\"> \u2013 a product and\/or preparation consisting of unprocessed or variably processed (manipulated) cells\/tissues and auxiliary substances, or unprocessed or manipulated cells\/tissues combined with pharmacological substances and\/or medical devices. Tissues and cells used as autologous transplants within a single surgical procedure and not subjected to preservation or storage are not considered cord blood, other human tissues, or cell products and\/or preparations. Cellular products may include preparations of mesenchymal stem cells, fibroblasts, cell lysates, PRP, exosomes, etc.<\/span><\/p>\n<p>1.6. <b>Deposit<\/b><span style=\"font-weight: 400;\"> \u2013 frozen (cryopreserved) biological material of the Client, after undergoing a set of testing, processing, preparation for freezing, and cryopreservation procedures, stored in the Enterprise\u2019s cryobank and owned by the Client.<\/span><\/p>\n<p>1.7. <b>Deposit Creation<\/b><span style=\"font-weight: 400;\"> \u2013 a set of procedures and services for collecting the Client\u2019s biological material, its testing, processing, preparation for freezing, and cryopreservation. The Deposit is considered created from the moment of freezing (cryopreservation) of the biological material.<\/span><\/p>\n<p>1.8. <b>Processing<\/b><span style=\"font-weight: 400;\"> \u2013 the production of cord blood, other human tissues, and cell products and\/or preparations.<\/span><\/p>\n<p>1.9. <b>Tissues<\/b><span style=\"font-weight: 400;\"> \u2013 a system of cells and intercellular substances similar in origin, structure, and adapted to perform one or more common functions.<\/span><\/p>\n<p>1.10. <b>Client<\/b><span style=\"font-weight: 400;\"> \u2013 under this Agreement, a Client may be any legally capable adult individual who has submitted an application for adherence to this Agreement without any reservations.<\/span><\/p>\n<p><i><span style=\"font-weight: 400;\">1.11. The meaning of other concepts and terms is determined by Ukrainian legislation and specialized dictionaries of concepts and terms of the World Health Organization.<\/span><\/i><\/p>\n<p style=\"text-align: center;\">2. <b>SUBJECT OF THE AGREEMENT<\/b><\/p>\n<p><span style=\"font-weight: 400;\">2.1. The Enterprise undertakes to provide the Client with medical services and\/or cord blood bank services (works) (hereinafter collectively referred to as the &#8220;Services&#8221;) under the terms of this Agreement, and the Client undertakes to pay for the Services in the manner and within the terms specified in this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.2. The Services, depending on their type, are provided only at the locations specified in the Enterprise\u2019s relevant licenses, namely: <\/span><b>Kyiv, Protasiv Yar St., 23, and\/or Kyiv, Amosova St., 10<\/b><span style=\"font-weight: 400;\">.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.3. By adhering to this Agreement, the Client consents to undergoing preliminary diagnostic procedures as determined by the Enterprise\u2019s regulations and other standards necessary for the high-quality provision of Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.4. The specific types of Services to be provided to the Client by the Enterprise will be determined by the Enterprise\u2019s employees following a medical examination of the Client, taking into account diagnostic examination results, the Client\u2019s complaints, medical history, general health condition, medical indications for examination and treatment, and the Enterprise\u2019s material and technical capabilities.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.5. Based on the Client\u2019s complaints, medical history, general health condition, and medical indications for treatment, the Enterprise may require the Client to undergo diagnostic examinations, submit tests, or obtain consultations from specific specialists. For this purpose, the Client may be referred to third parties, the cost of whose services the Client shall pay independently. The results of diagnostic examinations, tests, and consultations serve as the basis for determining the list of proposed Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.6. After conducting the Client\u2019s examination and receiving diagnostic results, the Enterprise offers the Client possible Service options or refuses to provide any Services. The Client may either choose one of the proposed options or refuse all proposed options.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.7. In case of the Client\u2019s agreement to the proposed Service option, the Parties draw up a Service Specification. The name, type, and scope of Services that the Enterprise is obliged to provide to the Client are specified in the Service Specification, which is drawn up after fulfilling the conditions outlined in clauses 2.4\u20132.6 of this Agreement and becomes an integral part of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.8. Before the commencement of any planned medical interventions, the Client must sign an informed voluntary consent form approved by the Ministry of Health of Ukraine and\/or the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.9. In case of refusal of the proposed Services, the Client must provide a reasoned written refusal.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.10. The Client has the right to refuse the proposed Services, paying only for the cost of the Services actually provided, including examinations, laboratory, and instrumental studies, etc.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.11. In cases where, during the provision of Services previously agreed with the Client, it becomes evident that the Client requires other or additional types of Services, a different scope of Services, or the use of other materials and\/or preparations, and such changes cannot be agreed upon without causing harm to the Client\u2019s life or health (e.g., the Client is in an emergency condition), the Client grants the Enterprise the right to independently make the necessary changes, and the Client undertakes to pay for such unagreed Services at the prices specified in the Enterprise\u2019s current price list at the time of their provision.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.12. The Enterprise has the right to engage third parties to fulfill this Agreement, remaining fully responsible to the Client for any breach of the Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.13. The Parties acknowledge that there are circumstances beyond their good faith that may affect the final result of Services related to deposit creation and processing, including but not limited to: features of the biological material (e.g., the Client\u2019s age, insufficient volume of biological material, etc.) or concomitant diseases (including karyotype changes, diabetes, autoimmune diseases, etc.), which may hinder cell cultivation or the achievement of other results specified in the Service Specification.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">2.14. In the event that the Enterprise is unable to achieve the planned Service results due to the reasons outlined in clause 2.13 of this Agreement, the Parties jointly decide whether there is a reasonable likelihood of achieving the desired result by taking another sample of the Client\u2019s biological material, replacing one type of biological material with another, or whether the planned Services should be abandoned altogether.<\/span><\/p>\n<p style=\"text-align: center;\">3. <b>PRICE OF THE AGREEMENT (COST OF SERVICES), PAYMENT PROCEDURE, AND TERMS<\/b><\/p>\n<p><span style=\"font-weight: 400;\">3.1. Preliminary diagnostic procedures (examinations, tests, etc.) are paid and their cost is determined according to the Enterprise\u2019s current price list.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.2. The cost of Services provided under this Agreement is approximately determined based on the scope of ordered Services specified in the Service Specification, at prices determined according to the Enterprise\u2019s current price list.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.3. The final cost of Services will be determined at the time of commencement of the specific Service based on the Enterprise\u2019s price list in effect at that time, taking into account the cases provided for in clause 2.11 of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.4. The Enterprise has the right to unilaterally change the cost of Services by approving amendments to the price list or issuing a new version thereof. These changes (new version) apply exclusively to Services that have not yet been paid for by the Client at the time of their implementation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.5. The total amount of this Agreement consists of the total cost of all preliminary diagnostic procedures and provided Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.6. Payment for preliminary diagnostic procedures and Services is made by the Client prior to the commencement of the respective preliminary diagnostic procedure or Service in one of the following ways at the Client\u2019s choice:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.6.1. By the Client making a cash payment at the Enterprise\u2019s cash desk.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.6.2. By the Client making a payment using a payment card through the Enterprise\u2019s payment device.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.6.3. By remote payment via Internet telecommunications in the Client\u2019s personal account in the relevant section.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.7. If, during the provision of Services, there is a need to adjust them by increasing or decreasing their scope or changing the methods of Service provision (e.g., conducting additional compatibility tests, additional technological process stages, transfusion, etc.), the final cost of Services under the Agreement is adjusted accordingly. Such changes must be agreed upon with the Client, except in cases specified in clause 2.11 of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.8. In cases of early termination of Service provision to the Client on the grounds provided for in clauses 4.1.2 and 4.1.3 of this Agreement, the funds paid by the Client are non-refunded.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.9. In case of the Client\u2019s unilateral refusal of Services (or part of Services) not yet provided, the prepayment (or part of the prepayment equal to the cost of the Services not yet provided) is refunded to the Client.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.10. In case of the Client\u2019s request for early return of the Deposit, the refund of funds for prepaid cryopreservation is calculated based on storage for one full year, while funds for the years during which storage occurred and the year in which the Agreement is terminated are non-refunded.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.11. In case of the Client\u2019s failure to appear for the provision of a Service at the time specified by the Enterprise, the funds paid for such Services are non-refunded. However, the Enterprise is obliged (if technically feasible and considering the technological process) to re-notify the Client of the need to appear for the provision of the respective Service, indicating a new date and time. In case of the Client\u2019s repeated failure to appear for the provision of the respective Service, or if it is not possible to provide the Service again, the Enterprise has the right to unilaterally terminate this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">3.12. In case of unilateral termination of the Agreement at the initiative of the Client or the Enterprise, the cost of Services already provided and paid to the Enterprise is non-refunded. If Services were provided but not paid for, the Client is obliged to pay for them in full.<\/span><\/p>\n<p style=\"text-align: center;\">4. <b>RIGHTS AND OBLIGATIONS OF THE PARTIES<\/b><\/p>\n<p>4.1. <b>The Enterprise has the right to:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">4.1.1. Refuse to provide Services to the Client in cases of detection during examination or testing (e.g., biological material collection) of a pathology that prevents the Enterprise from providing proper Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.2. Refuse to provide Services to the Client in case of violation of internal regulations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.3. Terminate the provision of Services to the Client who fails to follow the Enterprise\u2019s medical prescriptions and instructions.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.4. In special cases provided for by current Ukrainian legislation, restrict the provision of medical information to the Client.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.5. Postpone the provision of Services (or part thereof), specifying another date and time for their provision, notifying the Client in advance whenever possible. Such notifications may be sent via telecommunications using the contact details provided by the Client at the end of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.6. Propose amendments to the agreed Services if such a need arises due to medical indications or other objective reasons.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.7. Terminate this Agreement and cease providing Services if, due to medical indications or other objective factors, it is impossible to continue providing the agreed Services, and the Client refuses to agree to the recommended changes.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.8. Terminate this Agreement and cease providing Services if the Client refuses to sign the informed voluntary consent for medical intervention.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.9. In situations where the Client requires urgent (emergency) care and it is objectively impossible to obtain the Client\u2019s or their legal representative\u2019s consent, independently determine the scope of examinations, medical interventions, and medications necessary to provide urgent (emergency) care.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.10. In case of the Client\u2019s indebtedness, suspend the provision of Services until the debt is fully repaid, which does not relieve the Client of the obligation to pay the debt and liability for late payment of Services. In such cases, the Enterprise is not liable for any complications experienced by the Client, loss of biological material, or any other adverse consequences resulting from the suspension of agreed Services due to indebtedness.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.11. Refuse to provide Services to the Client in cases of:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.11.1. Detection during examination (testing) of a pathology requiring referral of the Client to another healthcare institution.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.11.2. The Client\u2019s refusal of proposed changes to the agreed Service methods if such refusal may harm the Client\u2019s health.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.11.3. The Client providing false information about their health condition.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.11.4. The Client providing false information about medications they are taking.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.12. In cases where, as a result of processing (including cultivation) of the Client\u2019s biological material, the amount of cellular product obtained exceeds the amount specified in the Service Specification, such excess becomes the property of the Enterprise, with the right to dispose of it at its discretion, including:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.12.1. Using it for the treatment of other patients.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.12.2. Using it for scientific experiments and research.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.1.12.3. Selling it to other persons for treatment or scientific experiments and research.<\/span><\/p>\n<p>4.2. <b>The Client has the right to:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">4.2.1. Receive complete and accurate information in an accessible form about: the cost of Services, the conditions of their provision by the Enterprise, the purpose of examinations and tests proposed by the Enterprise\u2019s medical staff (or invited specialists), the anticipated outcome of the Services, including risks to life and health, possible complications, and potential consequences of not receiving the Services. In special cases provided for by Ukrainian legislation, such information may be restricted by the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.2.2. Pay for Services in installments, subject to written agreement with the Enterprise. In this case, the Parties sign an additional agreement to this Agreement or specify this circumstance in the Service Specification.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.2.3. Refuse cord blood bank services (works) only before their provision (execution) begins. If the Client declares a refusal of cord blood bank services (works) after their provision (execution) has begun, the Client must pay the full cost of such services (works).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.2.4. Request in writing from the Enterprise the receipt or early receipt of the Deposit or its part for further use in other healthcare institutions. In case of the Client\u2019s indebtedness, despite their request for the Deposit, the Enterprise has the right to apply the conditions of clauses 5.12 and 5.13 of this Agreement.<\/span><\/p>\n<p>4.3. <b>The Enterprise is obliged to:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">4.3.1. Propose amendments to the agreed Services if necessary, except in cases provided for in clause 2.11 of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.2. Provide the agreed Services in full, in compliance with current Ukrainian legislation and the Enterprise\u2019s internal regulations, in the manner and within the terms specified in this Agreement and the Enterprise\u2019s internal regulations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.3. Coordinate the timing of Service provision with the Client before the commencement of Services, unless otherwise dictated by the nature of the planned Services or the Enterprise\u2019s internal regulations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.4. In case of staged Service provision, coordinate with the Client the timing of the respective stages, unless otherwise dictated by the nature of the planned Services or the Enterprise\u2019s internal regulations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.5. Before the commencement of a specific stage of Services and upon its completion, provide the Client with written medical (physician) prescriptions and recommendations for mandatory compliance.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.6. Ensure the provision of all Services stipulated in this Agreement and its annexes, except in cases provided for by this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.7. Maintain medical confidentiality, except in cases provided for by legislation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.3.8. Provide the Client with medical information within the scope and manner prescribed by current Ukrainian legislation.<\/span><\/p>\n<p>4.4. <b>The Client is obliged to:<\/b><\/p>\n<p><span style=\"font-weight: 400;\">4.4.1. Pay for the Enterprise\u2019s Services in full, in the manner and within the terms specified in this Agreement, in accordance with the prices set in the Enterprise\u2019s price list.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4.2. Attend scheduled visits at the designated times and comply with all requirements and recommendations of the Enterprise\u2019s staff.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4.3. Adhere to the Enterprise\u2019s internal regulations, with which the Client is familiarized at the time of signing this Agreement (posted on the notice board in the Consumer Corner and on the Enterprise\u2019s websites: www.reocellclinic.com and www.reocell.com).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4.4. In the event of complications arising after the provision of Services that do not require emergency medical care, immediately contact the Enterprise without seeking assistance from other medical institutions or physicians.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4.5. Provide accurate information during the collection of medical history and during the provision of Services, including promptly informing the Enterprise of any side effects or complications arising during or after the provision of Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">4.4.6. If necessary, undergo additional examinations, obtain consultations from specialists not available at the Enterprise, or undergo additional tests by third parties, the Client is obliged to complete such examinations, consultations, or tests within the deadlines set by the Enterprise, paying for them at their own expense according to the price lists of the respective healthcare institutions. In such cases, the location of additional examinations, tests, or consultations must be agreed upon with the Enterprise.<\/span><\/p>\n<p style=\"text-align: center;\">5. <b>LIABILITY OF THE PARTIES<\/b><\/p>\n<p><span style=\"font-weight: 400;\">5.1. For failure to perform or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with current Ukrainian legislation and the terms of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.2. The Enterprise shall be liable to the Client for failure to perform or improper performance of duties by the Enterprise\u2019s medical staff, failure to comply with requirements for the methods of Service provision permitted in Ukraine in accordance with current legislation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3. The Enterprise shall not be liable for harm caused to the Client\u2019s health as a result of:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.1. The Client\u2019s failure to attend or untimely attendance at scheduled visits or follow-up medical examinations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.2. Suspension of Service provision on the grounds specified in this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.3. Early termination of the Agreement at the initiative of the Client or the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.4. The Client concealing information about their health condition or providing false information about their health condition.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.5. The Client\u2019s failure to comply with the Enterprise\u2019s prescriptions and recommendations.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.6. Other violations by the Client of the regime established by the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.7. Inability to provide Services due to prohibitions imposed during quarantine or other restrictive measures.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.8. Refusal to provide Services in cases specified in this Agreement and\/or legislation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.9. The Client\u2019s refusal to sign informed voluntary consent.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.3.10. Other cases provided for by this Agreement or legislation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.4. The Parties shall not be liable for failure to perform or improper performance of the terms of this Agreement in the event of extraordinary circumstances (force majeure) beyond the Parties\u2019 control, which they could not foresee and which prevent the Parties from fulfilling their obligations under this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.5. Force majeure circumstances include: natural disasters (storms, cyclones, floods, earthquakes, and other natural and climatic phenomena); war and military actions, riots, blockades, mass disturbances, strikes, disorders, and other unlawful actions; technological factors (lack of electricity, equipment damage, accidents, fires, etc.); actions, inaction, or acts of state authorities, executive bodies, or local self-government bodies aimed at suspending or terminating actions under this Agreement, which hinder the normal activities of the Parties, including changes in the regulatory and legislative framework governing the legal relations of the Parties under this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.6. The Party unable to fulfill its contractual obligations due to the circumstances specified in clause 5.5 of this Agreement must promptly notify the other Party in writing by any means, but no later than 10 calendar days from the date of their occurrence, and duly confirm this fact. The notification must specify the period for fulfilling the obligations under the Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.7. If force majeure circumstances persist for more than six months, either Party may terminate the Agreement. In such cases, neither Party may demand compensation for possible losses from the other Party.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.8. For violation of payment terms under this Agreement, the Client shall pay the Enterprise a penalty of 0.1% of the overdue amount for each day of delay.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.9. The Enterprise shall not be liable to the Client for the quality of biological material and\/or processing (processing) results after their transfer to the Client for use outside the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.10. If invasive treatment methods based on the use of biological material and\/or processing (processing) results of stem cells and their derivatives are applied to the Client, the quality of such Services is assessed after 180 calendar days from the date of provision of such Services, due to the specifics of the body\u2019s recovery and the mechanism of action of the applied methods.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.10.1. Dissatisfaction of the Client (or their legal representative) with the aesthetic result of invasive treatment methods, the absence of visible results, failure to achieve ideal results, or the occurrence of complications about which the Client was previously informed shall not be considered deficiencies in the invasive treatment methods, provided there was no violation of the methods and standards for providing such Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.10.2. Dissatisfaction with the aesthetic result of invasive methods is most often due to the Client\u2019s misperception of their new appearance, erroneous expectations regarding the aesthetic results of invasive methods before their application, and\/or an unpredictable reaction of the body to such intervention, which is beyond the control of the physician or the Enterprise. Therefore, it is not considered a violation of quality standards by the Enterprise and cannot serve as grounds for satisfying claims.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.11. In case of the Client\u2019s dissatisfaction with the result of invasive treatment methods, the Parties, after the complete recovery of the body (i.e., after 180 calendar days from the date of completion of Service provision), may additionally agree on other Services to improve the result, which the Client shall pay for on general terms.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.12. By adhering to this Agreement, the Client agrees that, pursuant to Part 2 of Article 546 of the Civil Code of Ukraine, a contractual form of securing the Client\u2019s obligation to pay for deposit storage is established. In case of the Client\u2019s indebtedness for deposit storage, the Enterprise has the right to unilaterally terminate this Agreement and acquire ownership of the Client\u2019s Deposit, with the right to dispose of it at its discretion, including:<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.12.1. Using the Deposit for the treatment of other patients.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.12.2. Using the Deposit for scientific experiments and research.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.12.3. Selling the Deposit to other persons for treatment or scientific experiments and research.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.13. In continuation of clause 5.12 of this Agreement, the Client agrees that the transfer of ownership of the Deposit extinguishes the Client\u2019s debt to the Enterprise for deposit storage, including any penalties, and covers any possible losses. If the Enterprise receives income from the disposal of the Deposit that exceeds the Client\u2019s debt for deposit storage, including any penalties and possible losses, the entire difference remains the property of the Enterprise and is not subject to refund to the Client. If the Enterprise receives income from the disposal of the Deposit that is less than the Client\u2019s debt for deposit storage, including any penalties and possible losses, the Enterprise has no additional claims against the Client.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">5.14. The Enterprise shall not be liable to the Client for the inability to provide Services of proper quality, including obtaining a cellular product in the quantity specified in the Service Specification, due to the reasons outlined in clauses 2.13 and 2.14 of this Agreement or other objective reasons beyond the Enterprise\u2019s control.<\/span><\/p>\n<p style=\"text-align: center;\">6. <b>TERM OF THE AGREEMENT<\/b><\/p>\n<p><span style=\"font-weight: 400;\">6.1. This Agreement enters into force from the moment of its publication on the Enterprise\u2019s official websites: www.reocellclinic.com and www.reocell.com.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.2. The term of this Agreement is unlimited.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.3. Amendments and additions to this Agreement are made unilaterally by the Enterprise.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.4. Amendments to this Agreement take effect from the date of their publication on the Enterprise\u2019s official websites: www.reocellclinic.com and www.reocell.com.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.5. Amendments to this Agreement apply only to Services provided after the respective amendments take effect.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.6. The Enterprise may unilaterally terminate this Agreement at any time.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.7. This Agreement is considered terminated from the date of publication of the respective decision by the Enterprise on its official websites: www.reocellclinic.com and www.reocell.com.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.8. From the date of publication of the Enterprise\u2019s decision to terminate this Agreement, the Agreement continues to apply only to those Clients who, as of the date of such publication, have adhered to the Agreement and are still receiving agreed Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">6.9. Grounds for unilateral termination of the Agreement at the Enterprise\u2019s request include the occurrence of circumstances specified in clauses 4.1.1, 4.1.2, 4.1.3, 4.1.7, 4.1.8, and 4.1.11 of this Agreement, as well as other cases specified in the terms of this Agreement and legislation.<\/span><\/p>\n<p style=\"text-align: center;\">7. <b>DISPUTE RESOLUTION PROCEDURE<\/b><\/p>\n<p><span style=\"font-weight: 400;\">7.1. In case of detection of deficiencies in the provided Service, the Client has the right to file claims directly during the receipt of such Service, or, if it is objectively impossible to detect deficiencies at the time of receipt, within seven calendar days from the date of actual provision of the specific Service.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.2. In case of detection of significant deficiencies in the provided Service, the Client has the right to file claims within fourteen calendar days from the date of actual provision of the specific Service.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.3. Significant deficiencies are understood as deficiencies that make the result of the Service impossible or unacceptable, reoccur after correction, but are solely due to the actions of the Enterprise\u2019s staff and not due to the Client\u2019s individual physiological characteristics, the development of a disease (emergence of new diseases), objective shortcomings of the diagnostic, preventive, or treatment methods agreed with the Client, deficiencies in the method of Service provision, or the state of scientific knowledge and technology.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.4. Risks of failure to achieve the planned Service results, including risks of complications about which the Client was informed prior to the provision of the Service and which occurred due to reasons beyond the Enterprise\u2019s control, do not constitute grounds for filing or satisfying claims.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.5. The Enterprise shall not be liable for deficiencies resulting from the Client\u2019s failure to comply with the terms of this Agreement, physician\u2019s recommendations, the objective development of a disease, the emergence of new diseases in the Client, the Client\u2019s individual physiological characteristics, etc.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.6. All disputes arising during the performance of this Agreement shall be resolved through negotiations between the Parties.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.7. In case of claims regarding the quality of provided Services, the Client must submit a written claim to the Enterprise within the deadlines specified in this Agreement. Oral claims will not be considered.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.8. The Client\u2019s written claim shall be reviewed within thirty calendar days. If an expert examination is required, the review period is extended for the duration of the examination.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.9. If, during the review of the Client\u2019s claims, it becomes necessary to determine the causes of deficiencies (significant deficiencies) in the provided Services, the Enterprise has the right to organize an expert examination. The examination is conducted at the Enterprise\u2019s expense. If the examination concludes that the deficiencies arose without the fault of the Enterprise or persons for whose actions the Enterprise is responsible, the Client\u2019s claims shall not be satisfied, and the Client shall be obliged to reimburse the Enterprise for all examination costs.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.10. The Client may not evade participation in an examination organized by the Enterprise, including providing all medical and other documents in their possession and, at the request of the Enterprise or the expert, undergoing examinations, diagnostic tests, providing biological samples or materials for analysis, etc.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.11. If the Client evades participation in the examination, their claims are considered entirely baseless and not subject to satisfaction. The Client who evades participation in the examination is obliged to reimburse the Enterprise for all costs incurred in organizing the examination.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">7.12. If a dispute cannot be resolved through negotiations, it shall be resolved in court in accordance with current Ukrainian legislation.<\/span><\/p>\n<p style=\"text-align: center;\">8. <b>FINAL PROVISIONS<\/b><\/p>\n<p><span style=\"font-weight: 400;\">8.1. The collection, processing, and storage of the Client\u2019s information are carried out by the Enterprise in accordance with the requirements of the Law of Ukraine \u201cOn Personal Data Protection.\u201d<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.2. By adhering to this Agreement, the Client consents to the storage, processing, and use of their personal data provided to the Enterprise\u2019s authorized representative for the purposes of providing Services, creating medical documentation, and other matters related to the performance of this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.3. The Enterprise may not disclose information about the Client that became known to the Enterprise in connection with the performance of this Agreement to third parties, except in cases provided for by Ukrainian legislation and other agreements, including voluntary medical insurance (continuous health insurance).<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.4. Within five days of any change in personal data, including the actual address of residence\/location, phone numbers, or email address, the Client is obliged to notify the Enterprise in writing of the new information. In case of failure to provide or untimely provision of such information, any notifications sent to the previously provided details are considered duly made, and the Enterprise is relieved of any liability for consequences related to the Client\u2019s untimely receipt of such notifications.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.5. By adhering to this Agreement, the Client consents to receiving notifications from the Enterprise via Internet telecommunications regarding the Enterprise\u2019s activities and\/or information arising from this Agreement.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.6. By adhering to this Agreement, the Client confirms that they have been informed by the Enterprise of the risk that, due to the individual characteristics of the biological material, it may not be possible to obtain a sufficient quantity of cells for use by the Client and\/or third parties. Understanding that this risk is beyond the Enterprise\u2019s control, the Client accepts this risk and acknowledges that its occurrence does not indicate poor-quality Services and\/or grounds for a refund or any other form of compensation.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.7. By adhering to this Agreement, the Client confirms that they have been informed by the Enterprise that, for the purpose of enhancing public safety during the provision of Services, the Enterprise conducts video surveillance, specifically recording all events occurring in the Enterprise\u2019s premises using technical means.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.8. Information obtained during video surveillance is confidential and protected by law, with restricted access.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.9. By adhering to this Agreement, the Client consents to video surveillance.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.10. By adhering to this Agreement, the Client consents to the maintenance of a video protocol of medical interventions in cases provided for by the Enterprise\u2019s rules for providing the respective Services.<\/span><\/p>\n<p><span style=\"font-weight: 400;\">8.11. Pursuant to Article 307 of the Civil Code of Ukraine, the Client provides their gratuitous consent to photo and video recording. The obtained photo and video materials depicting the Client may be used free of charge, if necessary, to establish the quality of provided Services, prove improper behavior by the Client, and in other cases in the event of disputes between the Parties.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Limited Liability Company &#8220;M.T.K. Medical Center&#8221; represented by General Director Dmytro Ivanovych Derkach, acting on the basis of the Statute (hereinafter referred to as the &#8220;Enterprise&#8221;), pursuant to Articles 633, 641, and 644 of the Civil Code of Ukraine, publicly offers an unlimited number of [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"footnotes":""},"class_list":["post-1812","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>Public agreement for the provision of medical services and cord blood bank services | ReoCell Clinic<\/title>\n<meta name=\"description\" content=\"Public agreement for the provision of medical services and cord blood bank services ReoCell Clinic.\" \/>\n<meta name=\"robots\" content=\"index, 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