Limited Liability Partnership “Center of Hematology”, Business Identification Number (BIN) 151040023516, hereinafter referred to as the “Contractor”, licensed to carry out medical activities under License No. 22023535 dated December 9, 2022, represented by General Director Irina Alekseevna Pivovarova, acting on the basis of the Charter, hereby expresses the intention to enter into an agreement with any adult natural person, hereinafter referred to as the “Customer” or the “Patient,” for the provision of paid medical services pursuant to Article 202 of the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System,” and on the terms of this public offer (hereinafter — the Agreement) as follows:
1. Subject of the Agreement
1.1. This Agreement is a public offer and is published on the Contractor’s website hemcenter.kz. The provisions of Article 387 of the Civil Code of the Republic of Kazakhstan (Public Agreement) apply. The terms of this Agreement are uniform for all Customers (Patients). In accordance with paragraph 3 of Article 396 of the Civil Code of the Republic of Kazakhstan, if an individual accepts the terms set forth below, such person becomes a Customer (Patient). Pursuant to Article 389 of the Civil Code of the Republic of Kazakhstan, this Agreement must be accepted by the Customer (Patient) by acceding to the Agreement as a whole, without any conditions, exceptions, or reservations.
1.2. Under this Agreement, the Contractor provides, on an appropriate production (medical) basis, paid medical services for the diagnosis and treatment of disease, including without referrals from primary or secondary level specialists (hereinafter — the Services), and the Patient accepts and pays for such Services in accordance with this Agreement and supporting payment documents.
1.3. Full and unconditional acceptance by the Patient of the terms of this Agreement and the date of its conclusion shall be the date on which an advance payment for medical services is made in accordance with Clauses 4.3, 4.4, and 4.5 of the Agreement, indicating the Patient’s full name and Individual Identification Number (IIN) (or those of the Patient’s legal representative).
1.4. By applying to the Contractor for paid medical services and paying for the required Services, the Patient gives consent to the processing of personal data by the Contractor, including by its employees. The conditions for the collection and processing of personal data are set out in Appendix No. 1 to this Agreement.
1.5. By paying for the paid medical services rendered, the Patient confirms that they have read and understood the contents of the Agreement and its Appendices and gives informed voluntary consent to receive paid medical services in accordance with Appendix No. 1 to the Agreement.
1.6. This Agreement is concluded for an indefinite term.
1.7. The list of diagnostic, therapeutic, and accompanying non-medical services, as well as the medicines and medical devices used, is specified in the Appendices to the Agreement, which are its integral parts and are posted on the Contractor’s website. For the provision of consultative and diagnostic services, the Contractor may use the laboratories of partner organizations.
1.8. Services are provided in accordance with the Contractor’s professional profile and its valid state license.
1.9. Services are provided by prior appointment via the Contractor’s website https://hemcenter.kz and/or via the call center +7 777 079 3165, and/or via telephone numbers and/or at the reception desk of the medical unit or the Contractor’s Branches at the following addresses:
- Republic of Kazakhstan, Astana, 4B Kenesary St., tel. +7 771 900 08 64, +7 777 532 6515.
- Karaganda, 17 S. Seifullin Ave., 2nd floor, tel. +7 747 095 5650.
- Ust-Kamenogorsk, 5 Serikbayev St., Bldg. 1, 2nd floor, tel. +7 747 095 5650.
1.10. Medical services to minors shall be provided only in the presence of their legal representatives or other authorized persons acting under a duly notarized power of attorney.
1.11. Admission of a Patient without prior appointment is possible upon coordination with the reception desk. All conversations with call-center operators are recorded.
1.12. The Patient agrees that the treatment provided by the Contractor cannot fully guarantee a therapeutic result, since various complications may occur during and after the Services, both in the near and remote periods; the medical technologies used cannot fully exclude the possibility of side effects and complications due to the biological characteristics of the human body.
1.13. At the time of applying to the Contractor for the provision of Services, the Patient confirms and warrants that they:
- possess complete and accurate information for the conclusion of this Agreement and consent to the Services indicated in the attending physician’s referral, payment referral slip, and/or fiscal receipt;
- confirm their legal capacity and capacity to act, and acknowledge responsibility for the obligations assumed as a result of concluding the Agreement;
- confirm the accuracy, completeness, and reliability of their personal data and assume full responsibility for its correctness;
- assume all possible commercial risks associated with their errors or inaccuracies in providing information necessary for making payment under the Agreement;
- confirm that they have familiarized themselves with the age restrictions applicable to the Patient (the Patient must be 18 years of age);
- confirm that they have familiarized themselves (by following the relevant official resources) with the possibility of receiving free types and volumes of medical care under the Guaranteed Volume of Free Medical Care (GVFMC) and Compulsory Social Health Insurance (CSHI);
- confirm that they have reviewed the Contractor’s current Price List for the relevant paid medical services;
- confirm that they have voluntarily agreed to receive medical services on a paid basis;
- are aware and understand that failure by the Patient to follow the recommendations of the healthcare professional providing the paid medical service, including prescribed examinations and treatment, may adversely affect the Patient’s health.
2. Obligations of the Parties
2.1. The Contractor shall:
- inform the Patient of the types and volumes of medical care available under the GVFMC and CSHI;
- provide medical services in accordance with clinical diagnostic and treatment protocols and, in the absence of such protocols for specific nosologies — in accordance with generally accepted approaches and evidence-based medicine, as indicated by medical necessity;
- assign an attending physician responsible for providing the Services under the Agreement;
- engage competent, highly qualified medical personnel in providing the Services;
- take all measures to ensure the maximum possible level of Patient satisfaction with treatment results;
- provide emergency medical care free of charge if, during the provision of paid services, additional emergency medical services are required to eliminate a threat to the Patient’s life in cases of sudden acute diseases, conditions, or exacerbations of chronic diseases, in accordance with the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System”;
- issue to the Patient an invoice/receipt for actually rendered services in accordance with the current Price List, indicating the types and volume of medical, diagnostic, and service (non-medical) services rendered, within established deadlines, and, upon request, provide all necessary medical and financial documentation for verification of performance under this Agreement;
- if, in the course of consultative and diagnostic care, a repeat consultation is necessary, provide the Patient with a discount on the cost of such consultation. The price of a repeat consultation, with discount applied, is specified in the Contractor’s Price List;
- maintain medical confidentiality and adhere to principles of medical ethics and deontology.
2.2. The Patient shall:
- provide the requested personal data and all available medical information (documents with test results, examinations, and specialist opinions), as well as current contact details (including mobile phone number and e-mail);
- inform the physician, prior to the provision of Services, about past diseases, known allergic reactions, and contraindications;
- comply fully with the attending physician’s prescriptions and recommendations;
- strictly observe the prescribed regimen and dietary requirements;
- treat the Contractor’s property and equipment with care. If material damage is caused to the Contractor’s property, the Patient shall compensate such damage in full;
- acknowledge that if the Patient fails to comply with internal rules or medical prescriptions under Clauses 2.2.2 and 2.2.3, the Contractor reserves the right to refuse subsequent treatment in the future. For outpatient services, make 100% payment in cash or by non-cash means, at the Contractor’s Price List rates, before the start of Services;
- personally review the relevant informed consent forms for the provision of services and the consent to personal data processing, carefully reading each clause;
- for identification purposes, present an identity document upon the Contractor’s request.
2.3. If obligations are not fulfilled within the time limits established by the Agreement, the Party shall notify the other Party within one day of the occurrence of force-majeure circumstances and, upon their cessation, also of their termination. The time for performance under the Agreement may be extended proportionally to the duration and consequences of such circumstances.
3. Rights of the Parties
3.1. The Patient has the right to:
- choose the attending physician;
- request an independent review (expertise) of the quality of treatment and the medical justification of prescriptions.
3.2. The Contractor has the right to:
- terminate treatment early in the event of the Customer’s failure to comply with medical prescriptions;
- unilaterally change the pre-determined scope of medical services if there is a threat to the Patient’s life or health.
3.3. Each Party has other rights provided by applicable legislation.
4. Procedure for the Provision and Payment of Services
4.1. The list and prices of diagnostic and therapeutic services, and accompanying non-medical services, are approved in the Contractor’s Price List of Paid Medical Services, published on https://hemcenter.kz or available at the reception desk of the Contractor’s Medical Unit or Branch.
4.2. The Patient reviews the Price List and selects the necessary Services.
4.3. Payment for outpatient services (in-person or remote) is made in full on the day the Services are provided.
4.4. Payments are made as follows:
- cash at the Contractor’s cash desk, with mandatory use of a fiscal cash register and issuance of a fiscal receipt to the Patient;
- non-cash payment by bank transfer to the Contractor’s current account or via POS terminal.
4.5. Upon completion of the Services, the Patient is issued medical conclusions or a discharge summary, copies of test results, and referrals for examinations. Where necessary, a copy of the outpatient card and an invoice are provided.
4.6. Services provided in the outpatient setting are rendered in the outpatient consultation room, procedure room (phlebotomy/blood collection room), or remotely in real time or as a deferred consultation.
4.7. Additionally, the Contractor may provide non-medical services beyond established norms.
4.8. In the event of the Patient’s full refusal to receive medical services after concluding the Agreement and paying for services, the Agreement shall be terminated upon the Patient’s written application. In such case, funds shall be refunded in full, subject to presentation of a fiscal receipt, minus actually incurred expenses.
5. Liability of the Parties
5.1. The Contractor is liable for violations in the provision of paid medical services, including:
- provision of medical services of inadequate volume or quality;
- charging double payment for the same medical service (at the Patient’s expense and from budgetary funds).
5.2. In the event of non-performance or improper performance of obligations under this Agreement, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan.
5.3. The Patient is liable for late reimbursement of the Contractor’s costs for the actually rendered volume of medical services in the form of a penalty of 1% of the Agreement amount for each day of delay.
5.4. All disputes and disagreements under this Agreement shall be resolved in accordance with the current legislation of the Republic of Kazakhstan.
6. Force-Majeure Circumstances
6.1. The Parties shall not be liable for non-performance of the Agreement if it results from force-majeure circumstances. Force majeure means an event beyond the Parties’ control and of an unforeseen nature, including, but not limited to: acts of war, natural or other disasters, and similar events.
6.2. The Contractor shall not be liable for penalties or termination of the Agreement due to non-performance where the delay in performance results from force-majeure circumstances.
6.3. Upon the occurrence of force-majeure circumstances, the Contractor shall promptly send the Customer written notice of such circumstances and their causes. If no other written instructions are received from the Customer, the Contractor shall continue to perform the Agreement to the extent reasonably possible and seek alternative methods of performance not dependent on the force-majeure circumstances.
7. Final Provisions
7.1. Neither Party may transfer, in whole or in part, its rights and obligations under this Agreement to third parties without the prior written consent of the other Party, except for services performed by other legal entities or individual entrepreneurs for the Contractor under concluded agreements.
7.2. The Parties’ rights are governed by the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System.”
7.3. The Parties shall promptly notify each other of any changes to the address or other details specified in the Agreement.
7.4. The Patient confirms that they have carefully read all the terms of the Agreement and its Appendices and unconditionally and fully agree with them.
7.5. Upon the Customer’s written request, the Contractor shall provide a signed hard copy of the Agreement.
8. Term of the Agreement
8.1. This Public Offer Agreement is made in Kazakh and Russian languages and enters into force from the date of payment for the Service, which constitutes the Patient’s full and unconditional acceptance of the terms of this Agreement.
8.2. The Agreement remains in effect until the Parties fulfill their obligations, or until the Agreement is terminated, or a unilateral refusal of performance is made with at least one business day’s prior notice to the other Party, in accordance with the provisions of the Civil Code of the Republic of Kazakhstan.
8.3. Any amendments and supplements to this Agreement shall be valid if made in writing and signed by both Parties.
9. Appendices
9.1. Appendix No. 1 — Patient’s Informed Voluntary Consent to the Provision of Paid Medical Services and to the Processing of Personal Data. 9.2. Appendix No. 2 — Contractor’s Price List of Paid Medical Services.
10. Details of the Parties
10.1. The Customer’s (Patient’s) details shall be deemed to be the information indicated in the attending physician’s referral and provided by the Patient in accordance with Clause 2.2.1 of the Agreement.
10.2. Contractor:
Limited Liability Partnership “Center of Hematology”
Address: Republic of Kazakhstan, Astana, 4B Kenesary St.
BIN: 151040023516
IBAN: KZ336017111000010546
BIC: HSBKKZKX, Halyk Bank of Kazakhstan JSC
E-mail: info@hemcenter.kz
Appendix No. 1 to the Public Offer Agreement for the Provision of Paid Medical Services published on the Clinic’s website hemcenter.kz
PATIENT’S INFORMED VOLUNTARY CONSENT TO THE PROVISION OF PAID MEDICAL SERVICES AND TO THE PROCESSING OF PERSONAL DATA
Pursuant to paragraph 3 of Article 134 of the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System” (Medical care is provided after obtaining the patient’s informed oral or written voluntary consent), I hereby give my voluntary consent to undergo diagnostics and treatment at LLP “Center of Hematology,” BIN 151040023516 (hereinafter — the Clinic).
-
I have been informed about my (my relative’s/ward’s) condition and the need for diagnostics and treatment.
-
I have been warned that additional services, medicines, and medical devices beyond the Guaranteed Volume of Free Medical Care and within Compulsory So
-
cial Health Insurance (not included in the Clinic’s formulary) are provided at the expense of personal funds, voluntary insurance, or other lawful sources.
-
The purpose and alternative methods of examination and treatment, as well as the possible consequences of my refusal of examination and treatment, have been explained to me in an accessible manner.
-
I am aware of my right to seek another physician’s opinion and/or to consult another organization for an alternative opinion on diagnosis and treatment.
-
I am aware of my right to refuse examination and treatment after being informed of the health risks, by signing a written refusal. I may submit such written refusal in accordance with Clause 20 of this Consent.
-
I voluntarily consent to the following types of medical intervention: injections with administration of medicinal products, blood sampling for laboratory testing, transfusion of blood and its components, and other procedures and manipulations. I acknowledge that my treatment is coordinated by my attending physician.
-
In my own interests, I shall inform the physician of all existing and known health problems, allergies, drug intolerances, past or current infectious hepatitis, tuberculosis, sexually transmitted diseases (including syphilis and HIV infection), prior surgeries, as well as alcohol abuse and/or drug dependence.
-
I understand that non-compliance with medical recommendations, failure to observe the prescribed regimen, and/or concealment of health information may lead to local and systemic complications and other adverse consequences.
-
In the event of unforeseen complications and conditions threatening my health during examination and treatment, I consent to changes in tactics, the plan of examination and treatment, including refusal to continue such plan, with subsequent notification to me thereof.
-
I voluntarily consent to the provision of personalized (identifiable) patient information for the purpose of forming and using electronic healthcare information resources.
-
I consent, where indicated, to HIV testing of my blood. I hereby state that I will not assert any claims, directly or indirectly related to the testing results, against the testing institution, its staff or representatives, or any other persons involved in HIV counseling and testing, including any liability for issuing false-positive or false-negative results. I authorize the Clinic to perform repeat testing to verify my HIV status; the decision on the need for repeat testing is at the Clinic’s discretion.
-
By signing this Consent, I confirm that I (or my representative) have personally read the Public Offer Agreement for the Provision of Paid Medical Services published on the Clinic’s website hemcenter.kz (hereinafter — the Agreement). I understand the terms of the Agreement and accept them by acceding to the Agreement in full, without any conditions, exceptions, or reservations.
-
Conclusion of the Agreement, i.e., acceptance of its terms, is effected by payment of the cost of medical services.
-
I consent to the collection and processing of personal medical data in accordance with subparagraph 2) of Article 58 and paragraph 3 of Article 60 of the Code of the Republic of Kazakhstan “On the Health of the People and the Healthcare System,” and to the collection and processing of personal data in accordance with Article 8 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection,” by the Clinic for the purpose of providing medical services, provided that the processing of personal data is carried out by persons professionally engaged in medical activities and obliged under the legislation of the Republic of Kazakhstan to preserve medical confidentiality, with respect to the following list of personal data: identity document details; surname, first name, patronymic (if any); sex; date of birth; IIN; attached polyclinic; medical history; laboratory and instrumental test results; diagnosis; type of medical care provided; conditions of care; timing of care; volume of care provided; outcome of seeking care; information about the medical worker(s) who rendered the service.
-
I authorize the Clinic to maintain personalized records in the course of medical activities.
-
If the Clinic entrusts the processing of personal data to another person, the Clinic remains liable to the personal data subject for the actions of such person. The person processing personal data on behalf of the Clinic is liable to the Clinic.
-
For the necessary retention period of the medical record, I consent to the collection, processing, systematization, accumulation, storage, updating (revision, modification), sorting, use, anonymization, blocking, and destruction of my personal data. Personal data are provided voluntarily when receiving medical services.
-
I consent to the cross-border transfer of personal data during their processing in accordance with Article 16 of the Law of the Republic of Kazakhstan “On Personal Data and Their Protection.”
-
Personal data have not been and will not be disseminated in publicly available sources.
-
I reserve the right to withdraw my consent to personal data processing by preparing a corresponding written statement, which shall be delivered in person against signature to a representative of the Clinic or sent to the Clinic by registered mail with delivery confirmation to the following addresses:
- Republic of Kazakhstan, Astana, 4B Kenesary St., tel. +7 771 900 08 64, +7 777 532 6515.
- Karaganda, 17 S. Seifullin Ave., 2nd floor, tel. +7 747 095 5650.
- Ust-Kamenogorsk, 5 Serikbayev St., Bldg. 1, 2nd floor, tel. +7 747 095 5650.
-
I have had the opportunity to ask any questions and have received comprehensive answers in an accessible form.
-
I have read all clauses of this document and agree with them.