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PUBLIC AGREEMENT

PUBLIC AGREEMENT FOR THE PROVISION OF PAID HEALTHCARE SERVICES

Пос. Бурабай «3»марта  2023 г.

The Customer (patient) of JSC “Medical and Wellness Complex ‘Okzhetpes’”, hereinafter referred to as the Customer, on the one hand, and the Joint Stock Company “Medical and Wellness Complex ‘Okzhetpes’”, BIN 051040005150, hereinafter referred to as the Provider, represented by President Yakov Sterligov, acting on the basis of the Charter, on the other hand, have entered into this Agreement (hereinafter — the Agreement) as follows:

1. Subject of the Agreement

The Provider shall render paid services in accordance with the annex to this Agreement, and the Customer shall pay the Provider for the services rendered in the manner and within the сроки specified in this Agreement.

2. Payment Procedure

The Customer shall pay for the Provider’s services based on the actual volume of medical services rendered, in accordance with the invoice issued by the Provider.

The Customer may make an advance payment of up to 80% of the total Agreement amount at the time of заключение of the Agreement. The remaining amount shall be paid upon presentation of the invoice after completion of the services.

If additional paid medical services not предусмотренные by this Agreement are required, the Provider, with the Customer’s consent, shall adjust the Agreement amount based on the actual volume of services rendered.

The Provider shall issue the Customer a document of установленный form confirming payment.

In case of early termination of services, the Provider shall refund the difference between the amount paid and the services actually rendered, except in cases where the Customer has violated the terms of the Agreement.

3. Obligations of the Parties

The Provider shall:

  • Provide medical services in accordance with clinical protocols for diagnosis and treatment; in their absence — in accordance with generally accepted approaches and evidence-based medicine;
  • Take all measures to ensure the maximum level of Customer satisfaction;
  • Provide emergency medical care free of charge if additional services are required to eliminate a threat to the patient’s life, in accordance with the Code of the Republic of Kazakhstan dated July 7, 2020 “On Public Health and Healthcare System”;
  • If unable to provide certain services, organize and pay for them in another healthcare organization;
  • Provide invoices in accordance with Article 412 of the Tax Code of the Republic of Kazakhstan, indicating the types and объем of services;
  • Provide all necessary medical and financial documentation upon request.

The Customer shall:

  • Comply with internal rules of the healthcare organization;
  • Comply with the legislation of the Republic of Kazakhstan;
  • Timely notify the Provider of refusal of services (fully or partially);
  • Timely pay for services rendered.

4. Rights of the Parties

The Customer has the right to:

  • Choose a treating physician from among the staff;
  • Request an independent assessment of treatment quality and medical decisions.

The Provider has the right to:

  • Terminate treatment early in case of violation of medical режим or failure to follow medical instructions by the Customer.

If obligations cannot be fulfilled within the agreed сроки, the party must notify the other within 1 day. Deadlines may be extended proportionally to the duration of such circumstances.

5. Liability of the Parties

The Provider shall be liable for:

  • Provision of services of inadequate volume or quality.

In case of non-performance or improper performance of obligations, the Parties shall be liable in accordance with the legislation of the Republic of Kazakhstan.

The Customer shall be liable for untimely payment for services rendered.

All disputes shall be resolved in accordance with the legislation of the Republic of Kazakhstan.

6. Force Majeure

The Parties shall not be liable for failure to fulfill obligations if caused by force majeure.

Force majeure includes events beyond the control of the Parties, including but not limited to:

  • war,
  • natural disasters,
  • other unforeseen circumstances.

The Provider must immediately notify the Customer in writing. If no instructions are received, the Provider shall continue to fulfill obligations as far as possible.

7. Amendment and Termination of the Agreement

The Agreement may be amended by written consent of both Parties.

The Parties must notify each other in advance of termination.

Termination is possible by agreement or by court decision in accordance with the legislation of the Republic of Kazakhstan.

8. Final Provisions

  • Neither Party may transfer obligations to third parties without written consent.
  • The Agreement enters into force upon publication and remains valid until full fulfillment of obligations.
  • All disputes shall be resolved in accordance with applicable legislation.
  • Matters not covered by this Agreement shall be governed by the laws of the Republic of Kazakhstan.