«Kliniki Germanii» hereinafter referred to as the «Contractor», represented by the current legal entity MCHC EOOD (EIK: 206620177) on the basis of the charter, on the one hand, and the user of the site kliniki.de
hereinafter, the «Customer», on the other hand, agree to accept the terms of this agreement, which comes into force from the moment the Customer pays the Contractor’s invoice. The invoice indicates the data of the Contractor and the Customer, the scope of services provided by the Contractor, the final price of services, as well as other data. The invoice is valid without the Contractor’s signature.
Subject of the contract.
The Contractor undertakes, during the term of this Agreement, to ensure the organization and provision of organizational and service services (hereinafter referred to as “services”) for the purpose of undergoing diagnostics and treatment of patients with the Customer.
Attracting new patients for the Customer.
The Contractor provides the Customer’s clients with the following services: initial processing of documents, selection of a clinic and attending personnel, visa support, organization of doctor’s appointments, patient supervision during treatment, and so on. The cost of the Contractor’s services is indicated in the appendix to the contract, which is an integral part of it.
The customer may be individuals or legal entities entitled to provide medical services in the territory of location.
Obligations and rights of the parties.
2.1. The customer undertakes:
— timely make payments to the Contractor for the services rendered;
provide the Contractor with all the necessary information, advertising material.
2.2 The Contractor undertakes to provide the following services for the Customer’s patients:
provide visa support
translate initial and outgoing conclusions
provide other services necessary to make a decision on further diagnosis or treatment
to meet at the airport
organize accompaniment of patients by a qualified interpreter
to select a hotel and book a room;
purchase medicines for the patient’s money for the prescribed treatment;
Confidentiality.
3.1. The Parties undertake mutual obligations to maintain confidentiality in relation to information received in the course of fulfilling the terms of this Agreement. The transfer of information to third parties, except for persons directly involved in the performance of services on the part of the Contractor, or other disclosure of information recognized as confidential under this Agreement, can be carried out only with the written consent of the other Party and in cases established by the current legislation of the country where the treatment is performed.
3.2 The data of the customers of the Customer of citizens are processed and stored in accordance with the law of the Russian Federation on data protection No. 152-FZ «On personal data», with the exception of citizens of the European Union. The data of citizens of the European Union is stored and processed on the basis of the data protection law of the European Union General Data Protection Regulation
The order of calculations.
4.1 The Contractor issues an invoice to the Customer according to the services performed
4.2. The customer pays the Contractor 100% of the cost of his services. Payment is made by bank transfer to the current account.
Responsibility of the parties.
5.1. The Parties may file mutual claims in writing regarding violations related to the execution of this Agreement during the entire term of the Agreement. If there are claims from one Party and with the consent of the other Party, the guilty Party must provide explanations within 3 days, correct omissions and take into account the requirements contained in the claim in subsequent work.
5.2. None of the Parties shall be liable for the full or partial failure to fulfill any of their obligations under this Agreement, if the proper fulfillment of this obligation was impossible due to the occurrence of force majeure circumstances. «Force majeure» means force majeure circumstances that arose after the conclusion of the contract/agreement as a result of extraordinary events that cannot be foreseen or prevented by reasonable measures and which the party cannot influence and for the occurrence of which is not responsible. Such circumstances do not include, in particular, violation of obligations on the part of counterparties of the Parties, lack of goods or services on the market necessary for the provision of services under this Agreement, lack of necessary funds from the Parties.
5.3. The term for the fulfillment of obligations under this Agreement is postponed in proportion to the duration of the force majeure circumstances.
5.4. The Party for which it became impossible to fulfill the obligation due to force majeure circumstances is obliged to immediately notify the other Party of the occurrence, expected duration and termination of the named circumstances.
5.5. The effect of such circumstances must be documented by the relevant competent organization or state body.
5.6. In case of late payment by the Customer of the Contractor’s invoices or evasion of their payment, the Customer shall be liable in the amount of 0.1 percent per day of the delayed payment (penalty). Penalty payment not mastered
abstains from the fulfillment of obligations under this agreement.
5.7. The Contractor is not responsible for medical services provided by clinics or doctors, and for the duration of the doctor’s wait, as well as for any other services provided by a third party. Claims received from the Customer’s client regarding and results of treatment are sent by the Contractor to the clinic providing treatment.
Notifications and messages.
6.1. All notices and communications sent by the Parties in connection with the execution of this Agreement must be made in writing in Russian.
6.2. The Parties undertake to notify each other within three days of any change in their addresses or bank details in Russian.
Validity, modification and termination of the Agreement.
7.1. This Agreement shall enter into force upon payment of the Contractor’s invoice. The contract and the invoice do not require signing by the Parties and terminate by mutual agreement of the Parties in writing.
7.2. The terms of the Agreement may be amended or supplemented by the Parties in connection with the adoption of relevant legislative acts or at the suggestion of one of the Parties. The proposals of the Party to change or supplement the terms of the Agreement are considered by the other Party within 1 week from the date of their receipt by this Party. Changes and additions to this Agreement will be considered valid if they are made in writing and signed by both Parties.
7.3. This Agreement may be terminated before its expiration by mutual agreement of the Parties, executed in the form of an Agreement and signed by the Customer and the Contractor.
Settlement of disputes.
All disputes and disagreements that may arise from this Agreement or in connection with it, should, if possible, be resolved by the Parties through negotiations.
In the event that disputes and disagreements cannot be resolved through negotiations, they are subject to resolution in accordance with the current legislation of the location of the Contractor.