Public offer (contract) for the provision of medical services in the field of psychiatric care of the individual entrepreneur Natalia Igorevna Bidnik

This document is a public offer (hereinafter referred to as the Offer) Individual entrepreneur Natalia Igorevna Bidnik, who carries out business activities in medical practice on the basis of a valid license to conduct business activities in medical practice (hereinafter referred to as the Contractor), to conclude an agreement for the provision of medical services in psychiatric care (hereinafter referred to as the Agreement) on the terms specified in this Offer.

Information about the Contractor's services may be posted on the website https://alter-ego.net.ua/ (hereinafter – Website), which is used as an information resource for familiarizing yourself with services, making appointments, and communicating with patients.

This Offer is addressed to an unspecified group of persons and is public in accordance with Articles 633, 641, 642 of the Civil Code of Ukraine.

The contract is concluded in electronic form and does not require signing on paper, except in cases where written form is expressly provided for by the legislation of Ukraine.

A person who accepts the terms of this Agreement is considered to have accepted the Offer and acquired the status of a Patient/Customer.

Acceptance of this Offer is carried out by the person taking conclusive actions indicating the intention to conclude the Agreement, in particular:

• making an appointment via the Site, telephone, messengers or other communication channels;
• provision of personal data;
• confirmation of entry;
• payment for services;
• actual receipt of medical services.

Acceptance of this Offer constitutes full and unconditional acceptance of all terms and conditions of this Agreement and is equivalent to its signing.

Services under this Agreement are provided in accordance with the Civil Code of Ukraine, the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Healthcare", the Law of Ukraine "On Psychiatric Care", the Law of Ukraine "On the System of Mental Health Care in Ukraine", licensing conditions for conducting business activities in medical practice and other regulatory legal acts in the field of healthcare.

Services may be provided in person at the Contractor's location and/or remotely (telemedicine), if permitted by the Patient's clinical condition.

1. Definition of terms

1.1. Public offer – a public offer of the Contractor, addressed to an unspecified circle of persons, to conclude a public contract with the Contractor for the provision of medical services for psychiatric care (hereinafter referred to as the "Agreement") on the terms contained in this Offer.

1.2. Acceptance – full, unconditional and unreserved acceptance by the Patient/Customer of the terms of this Offer. Acceptance is effected by taking any conclusive actions indicating the intention to conclude the Agreement.

1.3. Conclusive actions – actions of the Patient/Customer that indicate agreement to comply with the terms of the Agreement. Such actions may include: filling out the registration form on the website; providing personal data; confirming registration through the administrator; making payment for services; actually receiving a medical service; signing an informed voluntary consent; or other actions provided for by the legislation of Ukraine.

1.4. Service - medical services for psychiatric care provided by the Contractor personally as a psychiatrist within the scope of specialty, qualification and existing license for medical practice, in certain formats (online and/or offline) in accordance with the terms of this Agreement.

1.5. Website – an Internet resource at the address https://alter-ego.net.ua/, which is used as an information system for posting information about the Contractor's services, organizing appointments for consultations, communicating with Patients/Customers, and accepting applications for the provision of services.

1.6. Patient/Customer – an individual who has applied for medical services from the Contractor for their own needs, not related to entrepreneurial activity, or another person who, in accordance with the procedure established by law, acts in the interests of the Patient and orders/pays for services.

1.7. Contractor – individual entrepreneur Natalia Igorevna Bidnik RNOKPP 3362806829, which was established and operates in accordance with the current legislation of Ukraine, has a valid license to conduct business activities in medical practice in the specialty "Psychiatry", and personally provides medical services to Patients, and also concludes this Agreement with them.

1.8. Medical care/psychiatric care – a set of measures aimed at prevention, diagnosis, treatment, medical observation, correction of mental state and provision of recommendations within the competence of a psychiatrist in accordance with the legislation of Ukraine.

1.9. Telemedicine is a form of organizing the provision of medical care using remote communication means, information and communication technologies, electronic data exchange and other technical means that allow providing medical services without the direct physical presence of the Patient and the doctor in one place, in cases and in the manner provided for by the legislation of Ukraine.

1.10. Teleconsultation is a type of telemedical services that consists of conducting a remote consultation by a psychiatrist using telephone, video, audio or other electronic communication in order to collect information about the Patient's health status, provide medical recommendations, monitor, correct treatment, assess the condition and resolve the issue of the need for an in-person appointment or additional examination.

2. Subject of the contract

2.1. Under this Agreement, the Contractor undertakes to personally provide the Patient/Customer with medical services in the field of psychiatric care (hereinafter referred to as the Services) in accordance with his specialty, professional qualifications, existing license for medical practice and the requirements of the current legislation of Ukraine, and the Patient/Customer undertakes to accept and pay for such Services under the terms of this Offer.

2.2. Services under this Agreement may include, in particular, but not exclusively:

• primary psychiatric admission;
• repeated consultation;
• psychiatric examination and clinical assessment of mental status;
• collection of medical history and analysis of provided medical documentation;
• establishing a preliminary, clinical or confirmed diagnosis within the scope of the Contractor's competence;
• prescribing treatment and adjusting therapy;
• dynamic medical monitoring;
• providing recommendations for additional examinations, consultations with other specialists, or hospitalization;
• preparation of medical documentation in cases and in accordance with the procedure provided for by the legislation of Ukraine;
• other medical services within the specialty "Psychiatry".

2.3. Services are provided in the forms and scope determined by the Contractor taking into account medical indications, the condition of the Patient, the doctor's professional clinical decision and information posted on the Site. Services may be provided, in particular, in the format of:

• in-person appointment;
• remote reception (teleconsultation) using the Internet and electronic communication means.

Specific terms and conditions for the provision of Services, including format, duration, cost, date and time of appointment, are determined when booking a consultation and/or are indicated on the Site or communicated to the Patient additionally.

2.4. Services under this Agreement are medical assistance in the field of psychiatry and are provided by the Contractor as a psychiatrist within the framework of the current legislation of Ukraine.

2.5. When providing the Services, the Contractor has the right to conduct psychiatric diagnostics, assess mental status, establish diagnoses, prescribe treatment, write prescriptions, form medical reports, referrals and other documents within the scope of its powers and in accordance with the procedure provided for by the legislation of Ukraine.

2.6. Remote provision of Services may not always completely replace in-person visits. If a personal examination is necessary for proper diagnosis, treatment, or assessment of the Patient's condition, the Contractor has the right to recommend an in-person consultation, referral to a healthcare facility, emergency medical care, or hospitalization.

2.7. The patient is aware that the result of treatment depends on the individual characteristics of the body, the course of the disease, the timeliness of the application, the completeness of the information provided, compliance with the doctor's recommendations and other factors that cannot be fully controlled by the Contractor.

2.8. The Agreement is considered concluded from the moment of acceptance by the Patient/Customer of this Offer in the manner provided for by this Agreement.

2.9. By agreement of the Parties, this Agreement may be additionally drawn up in writing by signing a separate document, which does not affect the validity of the Agreement concluded by accepting this Offer.

3. Procedure for making an appointment (ordering a service)

3.1. The Patient/Customer makes an appointment for a consultation (orders a service) independently by performing conclusive actions, in particular:

• through the registration form on the Site (the “Register for a consultation” block or a similar section);
• with the help of an administrator, authorized person or representative of the Contractor at the telephone number specified in the "Contacts" section;
• in another way proposed by the Contractor.

3.2. The performance by the Patient/Customer of the actions provided for in clause 3.1 of this Agreement are actions aimed at concluding the Agreement in accordance with the Law of Ukraine "On Electronic Commerce" and are considered to be the submission of an application for the service.

3.3. An appointment for a consultation is considered confirmed from the moment the Contractor sends the Patient/Customer the appropriate confirmation in the form of a message, email, phone call, message in a messenger or other method of communication.

3.4. When making an appointment for a consultation, the date, time, reception format (face-to-face or remote), approximate duration of the consultation, cost of the service, and other organizational conditions for its provision can be agreed upon.

3.5. To make an appointment for a consultation, the Patient / Customer undertakes to provide reliable and up-to-date information, in particular:

• last name, first name, patronymic (if available);
• contact phone number;
• email address (if available);
• date of birth (if necessary);
• the chosen consultation format;
• a brief description of the request or reason for the entry (optional or necessary);
• other information necessary for the organization and proper provision of the service.

3.6. The Patient/Customer is responsible for the accuracy, completeness and relevance of the data provided. The Contractor is not responsible for the inability to provide the service, delay in its provision or other adverse consequences arising from the provision of inaccurate, incomplete or outdated information.

3.7. The Contractor has the right to refuse to confirm the appointment, postpone the appointment or refuse to provide the service in cases where:

• the information provided by the Patient/Customer is incomplete, inaccurate or raises reasonable doubts as to its reliability;
• there is no technical or organizational possibility to provide the service at the requested time;
• the behavior of the Patient/Customer is aggressive, offensive, unethical or interferes with the proper provision of the service;
• there are signs of a condition that requires emergency medical care, hospitalization or other urgent intervention;
• providing remote consultation is impossible or medically inappropriate;
• there are other grounds provided for by the legislation of Ukraine.

3.8. By concluding the Agreement and accepting the terms of this Offer, the Patient/Customer confirms that:

• is familiar with and fully agrees with the terms of this Offer;
• is familiar with the information about the Contractor and services posted on the Site;
• provides voluntary consent to the collection, processing and use of personal data in accordance with the legislation of Ukraine;
• understands the nature of the medical services provided by the Contractor;
• realizes that the remote consultation format may have limitations compared to an in-person appointment;
• agrees to conclude the Agreement in electronic form;
• acknowledges that electronic messages, records in information systems, electronic documents and confirmation of payment may be used as proper evidence of the conclusion and performance of the Agreement.

3.9. If a remote consultation format is chosen, the Patient/Customer independently ensures the availability of the necessary technical means (device, Internet access, camera, microphone, software) and bears the risks associated with technical failures on his/her side.

3.10. In the event of a change in contact details, inability to appear for an appointment, or other circumstances that may affect the consultation, the Patient/Customer undertakes to notify the Contractor in advance.

4. Provision of medical services

4.1. During initial or repeated acceptance, the Contractor has the right and professional ability to perform, in particular, but not exclusively:

• collection of complaints, life history, medical history and other information necessary to assess the Patient's condition;
• analysis of previously issued medical documents, conclusions, examination results and laboratory tests;
• clinical interview, psychiatric interview and assessment of the Patient's mental state;
• psychiatric examination within the scope of the doctor's competence;
• establishing a preliminary, clinical, confirmed or concomitant diagnosis;
• determining the need for additional laboratory, instrumental or consultative examinations;
• referral to other specialists, healthcare facilities, or inpatient treatment;
• providing oral and written recommendations regarding regimen, lifestyle, treatment and follow-up;
• prescribing medical treatment in accordance with medical indications and the legislation of Ukraine;
• correction of previously prescribed therapy;
• assessment of the dynamics of the Patient's condition;
• preparation of medical documentation in cases and in accordance with the procedure provided for by the legislation of Ukraine.

4.2. The specific list of actions, the scope of the consultation, the duration of the appointment, the need for additional examinations, the appropriateness of prescribing treatment and further tactics of managing the Patient are determined by the Contractor individually depending on the complaints, state of health, medical indications and clinical situation.

4.3. Services may be provided once or repeatedly within the framework of outpatient observation, monitoring of treatment effectiveness, therapy correction, monitoring of mental state and prevention of exacerbations.

4.4. The patient is obliged to provide the Contractor with complete, truthful and up-to-date information regarding his health status, past illnesses, previous treatment, medication intake, allergic reactions, addictions, concomitant diseases and other circumstances that may affect the provision of medical care.

4.5. The Contractor has the right to rely on the information provided by the Patient. In the event of concealment or distortion of information by the Patient, the Contractor shall not be liable for possible consequences if they arise as a result of such incomplete or inaccurate information.

4.6. Medical care is provided in accordance with professional standards, clinical protocols, industry regulations, principles of evidence-based medicine and current legislation of Ukraine.

4.7. The Contractor independently determines the methods of diagnosis, treatment, the scope of medical interventions and medical tactics within the limits of his professional competence, unless otherwise provided by law.

4.8. The patient has the right to receive information from the Contractor about the preliminary diagnosis, recommended treatment plan, possible alternatives, expected results and potential risks within the limits provided for by the legislation of Ukraine.

4.9. If during the admission it is established that there is a condition that requires emergency care, inpatient treatment, compulsory hospitalization in cases provided for by law, or the intervention of other specialists, the Contractor has the right to recommend immediate referral to an appropriate healthcare facility or emergency medical care.

4.10. Remote consultation does not always allow for a full assessment of the Patient's condition. In this regard, the Contractor has the right to refuse to conduct an online appointment or terminate it and recommend an in-person examination, if necessary for the proper provision of medical care.

4.11. The service is considered to be properly provided from the moment of the actual consultation, reception, teleconsultation, provision of a conclusion, recommendations or other agreed medical service, unless otherwise proven in accordance with the procedure established by law.

5. Online consultations (remote)

5.1. Remote consultations (telemedicine / teleconsultation) are conducted exclusively in cases where such a format is medically permissible, corresponds to the nature of the Patient's request, and does not contradict the current legislation of Ukraine.

5.2. Online consultations may be conducted using video communication, telephone communication, specialized medical platforms, messengers or other technical means of communication agreed upon by the Parties.

5.3. The Contractor independently determines the possibility, feasibility and safety of conducting a remote reception in each specific case.

5.4. The Contractor has the right to recommend an in-person appointment instead of an online consultation, postpone a remote appointment or refuse to hold one if:

• the remote format does not allow for a proper assessment of the Patient's condition;
• a physical examination, additional tests, or emergency care is required;
• there are technical obstacles to high-quality communication;
• there are other medical or legal reasons.

5.5. The patient independently ensures the availability of technical means of communication, in particular a device with a camera/microphone (if necessary), access to the Internet, software and appropriate conditions for conducting a consultation.

5.6. The patient undertakes to ensure confidentiality during remote reception, to be in a room that excludes outside interference, noise and the presence of third parties without prior consent of the Contractor.

5.7. In the event of a communication interruption, the Parties shall take reasonable steps to resume the consultation. By agreement of the Parties, the consultation may be continued, postponed or terminated in another agreed manner.

6. Medical documentation

6.1. Based on the results of the reception, the Contractor may issue medical records, consultation reports, certificates, referrals, extracts, recommendations, prescriptions and other documents in accordance with the legislation of Ukraine.

6.2. Medical documentation is maintained by the Contractor in accordance with the procedure and forms provided for by the regulatory legal acts of Ukraine.

6.3. Prescriptions for medicines are issued exclusively if there are medical indications, after a proper assessment of the Patient's condition and in accordance with the procedure established by the legislation of Ukraine.

6.4. In cases provided for by law, prescriptions are issued in electronic form through the relevant state or medical information systems.

6.5. The Contractor is not obliged to issue a document, certificate, conclusion or prescription if there are no medical, factual or legal grounds for their issuance.

6.6. The Contractor has the right to refuse to issue a document if the Patient's requirements contradict the law, professional ethics, actual medical data, or go beyond the competence of the Contractor.

7. Payment for services

7.1. The cost of services is determined by the Contractor independently and is indicated on the Site, in the list of paid services or notified to the Patient/Customer before the start of the service provision.

7.2. The Contractor has the right to change the cost of services unilaterally. The new cost applies only to services that have not been previously confirmed or paid for.

7.3. Payment is made to the Contractor's bank account:

7.4. Payment may be made before the start of the reception, after its completion, or partially in the form of an advance payment - depending on the format of the Contractor's work and prior agreements.

7.5. The payment obligation is considered fulfilled from the moment the funds are credited to the Contractor's account.

7.6. All costs related to bank commissions, payment systems or transfers of funds shall be borne by the payer, unless otherwise agreed by the Parties.

7.7. Making payment is a confirmation of the intention to receive the service and may be considered as one of the forms of acceptance of this Offer.

8. Cancellation or postponement of an appointment

8.1. The patient has the right to cancel or postpone the appointment no later than 24 hours before the start of the consultation, unless another period is separately agreed upon by the Parties.

8.2. In case of cancellation or postponement of the appointment by the Patient/Customer no later than 24 hours before the scheduled consultation time, the cost of the service at the Patient/Customer's choice shall be paid:

• credited to another agreed date for the provision of the service; or
• shall be refunded in full in the same manner in which payment was made, unless otherwise agreed by the Parties.

8.3. In case of cancellation or postponement of the appointment less than 24 hours before the scheduled consultation time, as well as in case of non-appearance of the Patient/Customer without prior notice, the paid service fee is considered a fee for reserving the doctor's time and organizing the appointment and is not refundable.

8.4. In case of delay of the Patient, the duration of the consultation may be reduced by the time of delay without changing its cost.

8.5. If the appointment is canceled or postponed at the initiative of the Contractor, the funds are refunded to the Patient or the appointment is postponed to another agreed time.

9. Rights and obligations of the parties

9.1. The patient has the right to:

• receive information about health status;
• to consent to or refuse treatment within the limits of the law;
• receive medical services of appropriate quality.

9.2. The patient is obliged to:

• provide truthful information about health status;
• follow reasonable medical recommendations;
• follow the registration and payment rules.

9.3. The Contractor has the right:

• independently determine the tactics of patient management;
• refuse to provide services in cases provided for by law and/or the Agreement;
• receive payment for services.

10. Medical confidentiality and personal data protection

10.1. Information about the Patient's health status, the fact of seeking medical care, diagnosis, examination results, prescriptions, medical reports, as well as any other information obtained during the provision of medical services constitute medical secrecy in accordance with Article 40 of the Law of Ukraine "Fundamentals of the Legislation of Ukraine on Health Care" and are subject to protection in accordance with the procedure established by the legislation of Ukraine.

10.2. The processing of the Patient's personal data is carried out by the Contractor as the controller of personal data in accordance with the Law of Ukraine "On Personal Data Protection" for the purpose of proper provision of medical services, maintenance of medical records, organization of appointments, communication with the Patient, fulfillment of contractual obligations, as well as compliance with the requirements of healthcare legislation.

10.3. The Contractor processes personal data based on the Patient's consent, provided by accepting this Offer and/or separate informed consent.

10.4. Personal data and medical information may be transferred to third parties only in cases:

• at the request of the court, pre-trial investigation bodies or other authorized state bodies within the limits of their powers;
• in case of need for emergency medical assistance;
• in other cases provided for by the current legislation of Ukraine.

10.5. The Contractor ensures the confidentiality of medical information and takes the necessary organizational, technical and legal measures to protect personal data in accordance with the requirements of the legislation of Ukraine, including the regime of limited access to medical documentation and the use of secure electronic communication channels (if available).

10.6. Employees and involved persons of the Contractor who have access to the Patient's personal data are obliged to observe the medical confidentiality regime and are responsible for its disclosure in accordance with the legislation of Ukraine.

11. Responsibility of the parties

11.1. The Parties are liable for failure to fulfill or improper fulfillment of their obligations in accordance with the terms of this Agreement and the current legislation of Ukraine.

11.2. The Contractor provides medical services in accordance with its qualifications, professional standards, clinical protocols and requirements of the legislation of Ukraine, however, it does not guarantee the occurrence of a specific treatment result, since the result depends on the nature of the disease, individual characteristics of the Patient's body, timeliness of the application, compliance with recommendations and other circumstances that do not depend on the Contractor.

11.3. The Contractor is not responsible for the consequences of the decisions, actions or inaction of the Patient, including in the event of an unauthorized change in treatment, refusal of appointments, self-medication, termination of therapy without the consent of the Contractor, or failure to comply with medical recommendations.

11.4. The Contractor is not liable if the Patient, despite the recommendations received, did not seek additional medical, inpatient, emergency or other specialized care if there are appropriate indications.

11.5. The Contractor is not responsible for the impossibility, improper or untimely provision of services if this was a consequence of:

• provision by the Patient of inaccurate, incomplete or outdated information about the state of health;
• concealment of information relevant to diagnosis or treatment;
• untimely notification of changes in contact details or other important circumstances;
• violation by the Patient of the agreed reception, appointment or payment regime;
• failure by the Patient to comply with the terms of this Agreement.

11.6. In the case of providing services in a remote format, the Contractor is not responsible for interruptions, delays or inability to conduct a consultation for reasons beyond its control, in particular:

• Internet network failures;
• malfunctions of the Patient's equipment;
• limitations in the operation of software, platforms or communication services;
• power outage;
• actions, omissions or unauthorized intervention of third parties;
• technical failures, cyberattacks and other similar circumstances.

11.7. The Contractor is not responsible for the deterioration of the Patient's health if such deterioration is due to the natural course of the disease, concomitant conditions, non-compliance with prescriptions or other reasons not related to improper provision of medical care.

11.8. If the Contractor's guilt is proven, his liability shall be determined in accordance with the current legislation of Ukraine.

11.9. The Contractor's aggregate property liability for claims directly arising from this Agreement is limited to the amount of the cost of the relevant service actually paid by the Patient, unless otherwise established by mandatory norms of Ukrainian legislation.

11.10. The Parties are exempt from liability for full or partial failure to fulfill their obligations if such failure was a consequence of force majeure circumstances, in particular: war, hostilities, terrorist acts, a state of emergency or martial law, man-made disasters, epidemics, natural disasters, prolonged interruption of electricity or Internet supply, decisions of state authorities that make it impossible to provide services.

11.11. The Party affected by force majeure shall undertake to notify the other Party thereof within a reasonable time by any available means.

11.12. After the force majeure circumstances cease to apply, the Parties shall agree on new terms or procedures for fulfilling obligations.

12. Contract validity period

12.1. The Agreement shall enter into force from the moment of acceptance and shall remain in effect until the parties fully fulfill their obligations.

12.2. In terms of confidentiality, payments and liability, the provisions of the Agreement shall apply even after the completion of the provision of services.

13. Other conditions

13.1. The site on which information about the Contractor is posted is not a party to this Agreement and does not independently provide medical services.

13.2. All legal relationships regarding the provision of medical services arise exclusively between the Patient and the Contractor.

13.3. The legislation of Ukraine applies to this Agreement.

13.4. All disputes shall be resolved through negotiations, and in case of failure to reach an agreement, in court in accordance with the legislation of Ukraine.

13.5. The Contractor has the right to make changes to this Offer by posting a new version on the Site.

Contractor's details

Individual entrepreneur

Natalia Igorevna Bidnik
Address: 82078, Lviv region, Sambir district, Potik village, Centralna st., building 7
Ministry of Health License: dated 06.09.2024, order 1552
TIN: 3362806829
IBAN: UA573220010000026009340126253