Medical Services Agreement
PUBLIC OFFER AGREEMENT FOR THE PROVISION OF PAID MEDICAL SERVICES (CARE)
The Limited Liability Partnership “Kazakh Research Institute of Eye Diseases, awarded the Order of the Badge of Honor” (medical practice licence No. 20012895 dated 4 September 2020, originally issued on 24 September 2010), hereinafter the “Provider”, represented by General Director Neilya Akhmetovna Aldasheva acting under the Charter, and individuals or their legal representatives (hereinafter the “Customer”) express their intention to enter into an Agreement for the provision of paid medical services (care) under the terms of this public offer (hereinafter the “Agreement”).
1. General provisions
1.1 This Agreement constitutes a public offer and contains all material terms for the paid medical services provided by the Provider.
1.2 The terms of this Agreement are the same for all Customers.
1.3 Acceptance of this offer occurs through any of the following actions: making an advance appointment with a specialist, including via the call centre; signing the patient’s informed consent; signing the medical record to confirm acceptance of the offer; actually receiving medical services; or paying for medical services.
2. Subject matter and procedure for providing services
2.1 The Customer commissions, and the Provider undertakes to render, paid medical services in accordance with the Price List (the “Services”).
2.2 The list and timing of Services, information on medical care and its effectiveness, medical devices, participating medical personnel and their qualifications are published on the Provider’s official website, https://eyeinst.kz/. The Provider may extend the service period by notifying the Customer by telephone or electronic means.
2.3 The price of Services is determined by the Price List in effect at the time of payment. The Price List is the Provider’s official document containing the full range of available Services.
2.4 The Provider may change the range, prices, procedures and timing of Services by updating its Price List and relevant sections of https://eyeinst.kz/, except for Services paid for before such changes.
2.5 Locations where Services are provided:
2.5.1 Main institute: 95A Tole Bi Street, Almaty, Republic of Kazakhstan.
2.5.2 Consultative and Rehabilitation Department (outpatient clinic): 136 Kozhamkulov Street, Almaty (near the Vesnovka River, corner of Tole Bi Street).
2.5.3 Astana branch: 16/1 Zhenis Avenue, Astana, Republic of Kazakhstan.
2.5.4 Shymkent branch: 54 Argynbekov Street, Abay District, Shymkent, Republic of Kazakhstan.
2.6 The Customer may receive services under the state-guaranteed volume of free medical care and/or compulsory social health insurance, where those services are included in the Provider’s relevant scope, in accordance with Kazakh law.
2.7 The actions specified in clause 1.3 constitute full and unconditional acceptance. If treatment requires additional documents, the Agreement is deemed concluded subject to the Customer signing those documents.
2.8 Acceptance confirms that the Customer has read and agreed to all material terms of the Agreement.
2.9 By accepting the Agreement, the Customer confirms and warrants that:
2.9.1 The Customer has read and agrees to the Agreement.
2.9.2 The Customer is familiar with and agrees to the collection, storage, processing and use of personal data needed to provide Services, including disclosure of personal data and medical-confidential information to third parties engaged in service provision.
2.9.3 The Customer has read and undertakes to comply with the rules for preparing for laboratory tests.
2.10 By providing a mobile number and email address, the Customer consents to receiving SMS notifications, email communications, promotional notices and other marketing and information messages from the Provider.
2.11 The Provider begins performing Services after receiving 100% prepayment of their cost.
2.12 Services are provided by prior appointment through registration or the call centre at +7 727 341 07 71 and +7 702 075 07 71, in accordance with internal working rules.
2.13 If there is no prior appointment or payment, the Provider reserves the right not to provide Services.
2.14 Failure to follow medical staff recommendations may reduce service quality, prevent timely completion, or adversely affect the Customer’s health.
3. Rights and obligations of the parties
3.1 The Provider undertakes to:
3.1.1 Provide Services properly and within the prescribed time under its licences and Kazakh law after 100% payment under Section 4.
3.1.2 Allow the Customer to review the current Price List.
3.1.3 Maintain medical confidentiality in accordance with Kazakh law.
3.1.4 Protect the Customer’s personal data from the moment of receipt and restrict staff access to purposes of providing medical care.
3.1.5 Maintain sanitary, hygienic and infection-control standards.
3.1.6 After payment, provide prescribed medical documents at the request of the Customer or a person designated by the Customer.
3.1.7 Maintain records and reports in the forms prescribed by the competent authority.
3.2 The Provider has the right to:
3.2.1 Provide Services earlier than scheduled.
3.2.2 Extend service deadlines due to circumstances beyond the Provider’s control, including inconclusive laboratory results or third-party acts or omissions.
3.2.3 Unilaterally refuse to provide Services without compensating the Customer’s losses and demand payment for Services already performed in the following cases:
3.2.3.1 Failure to comply with the service procedures or terms, including conduct that makes provision impossible.
3.2.3.2 Identification of contraindications to treatment or prevention procedures.
3.2.3.3 Failure to follow the Provider’s recommendations.
3.2.3.4 Refusal to sign required documents and/or voluntary informed consent.
3.2.3.5 Inability to ensure safe provision of Services.
3.2.3.6 Risk of adverse consequences to the Customer from the Services.
3.2.3.7 The Customer’s refusal to comply with the Agreement and/or receive Services.
3.2.3.8 Aggressive or inappropriate behaviour, or intoxication by alcohol, narcotics or other substances.
3.2.3.9 Failure to comply with ethical standards.
3.2.4 In the event of unilateral refusal to provide Services or the Customer’s rejection of the Agreement or Services, including under clauses 3.2.3.3, 3.2.3.7, 3.2.3.8 and 3.2.3.9, the Provider may deduct actual expenses incurred from sums otherwise refundable.
3.2.5 If medical instructions or prescriptions are breached, the Provider may cease performing the Agreement if doing so does not endanger the Customer’s life or the health of others. Fees for Services already provided are non-refundable; the Provider disclaims liability for possible deterioration of health.
3.2.6 Provider personnel may refuse service if the conduct rules set out in the Agreement are not followed.
3.3 The Customer undertakes to:
3.3.1 Pay 100% of the Services’ price before they begin.
3.3.2 Before receiving Services, disclose all necessary information, including medications taken and individual circumstances, and follow the Provider’s instructions.
3.3.3 Present identification and be responsible for the accuracy of the information it contains.
3.3.4 Follow internal rules and take care of the Provider’s property.
3.3.5 Respect the rights of other patients.
3.3.6 Follow the Provider’s recommendations.
3.3.7 Refrain from attending the clinic while aggressive, behaving inappropriately or intoxicated.
3.3.8 Comply with ethical standards and refrain from insulting medical staff verbally, through gestures or other conduct, including via media and communication networks.
3.3.9 Enter a doctor’s office only when invited.
3.3.10 Observe personal hygiene.
3.3.11 During epidemics, maintain distancing and use protection against respiratory infections.
3.3.12 Read and sign informed consent before each invasive procedure.
3.3.13 Handle the Provider’s property carefully. A person responsible for damage shall voluntarily compensate it within seven working days of a claim, failing which recovery may be pursued as prescribed by law.
3.3.14 During the term of the Agreement, refrain from self-treatment or treatment by other practitioners, including alternative-medicine practitioners, without prior coordination with the doctor.
3.3.15 Notify the Provider immediately of deficiencies identified when accepting the result of Services. If there are no objections, or the result is refused without stated grounds after completion, the Services are deemed delivered and accepted without remarks.
3.3.16 If cancelling unfinished Services, pay actual expenses incurred, including resources, reagents, drugs and materials used. Rejection after completion is subject to substantiated grounds established by agreement of the parties or an expert assessment.
3.4 The Customer has the right to:
3.4.1 Check the progress and quality of Services at any time without interfering in the Provider’s work.
3.4.2 Request further explanations of their health condition and proposed diagnostic or treatment methods if previous explanations were unclear.
4. Service fees and payment procedure
4.1 The cost of Services is determined by the Price List effective at the time of payment.
4.2 The Customer must pay 100% before Services begin.
4.3 Payment may be made in cash at the cashier or by cashless payment.
4.4 In the event of a justified refusal of examination or treatment upon written application to the head of the organisation, the amount paid is refunded upon presentation of identification and receipt. The Provider may deduct actual expenses incurred.
5. Liability of the parties
5.1 The parties are liable for non-performance under the Agreement and Kazakh law.
5.2 The Provider disclaims responsibility for service quality if the Customer breaches service conditions or staff recommendations, fails to prepare properly, supplies inaccurate external test results or conceals contraindications. In such cases the Services remain payable in full.
5.3 For disrespectful conduct towards medical personnel, the Customer bears administrative liability under Part 2 of Article 80-1 of the Code of the Republic of Kazakhstan on Administrative Offences.
6. Confidentiality
6.1 The parties undertake to keep confidential information obtained from each other during performance of the Agreement.
6.2 Disclosure of confidential information to third parties requires the other party’s written consent, except where the law permits otherwise.
6.3 Disclosure of medical-record information protected by medical confidentiality without the Customer’s or representative’s consent is permitted only in cases specified by law.
6.4 Medical examination results are communicated in person or via WhatsApp to the number provided at registration.
7. Collection and processing of personal data
7.1 Under Articles 7 and 8 of Kazakhstan’s Law No. 94-V of 21 May 2013 “On Personal Data and Their Protection”, the actions in clause 1.3 constitute the Customer’s informed consent to the provision and processing of personal data. These include their full name, date of birth, identity document information, individual identification number, occupation, addresses, contact details, marital status, medical record data, medical history and other health and lifestyle information.
7.2 Data are supplied for proper provision of Services. The Customer consents to their processing, storage and use by the Provider from the time consent is received.
8. Final provisions
8.1 The Agreement is governed by and interpreted in accordance with the laws of Kazakhstan.
8.2 The Agreement enters into force upon any of the actions described in clause 1.3 and continues until both parties have fulfilled their obligations.
8.3 The parties may at any time enter into a separate written bilateral agreement for paid medical services that does not conflict with this offer.
8.4 Disputes are resolved through negotiations; unresolved disputes are handled in accordance with the procedures established by Kazakh law.