Public Agreement (Offer) for the Provision of Paid Medical Services Using Telemedicine (Video Consultations)
- General Provisions
Pursuant to Articles 633 and 641 of the Civil Code of Ukraine, LLC DOKOS MEDICAL (Dokos Medical Center), hereinafter referred to as the “Provider”, offers an individual, hereinafter referred to as the “Patient”, jointly hereinafter referred to as the “Parties”, to enter into an official, public and irrevocable agreement for the provision of paid medical services using telemedicine in the form of video consultations (hereinafter — “VC”) on the terms set out below.
Terminology
For the purposes of this public offer, the following terms and definitions shall have the meanings set out below:
- Video Consultation (VC) — a paid medical consultation provided to the Patient remotely by a physician of the Provider, via real-time video communication, using telemedicine.
- Services — the list of medical and other related services provided by the Provider in the manner and on the terms defined by this Agreement and the Price List approved by Order of the Director.
- Offer — the Provider’s proposal published on the Provider’s website and addressed to an unlimited number of individuals to enter into this Agreement on specified terms.
- Provider’s Website — the web page at https://docos.one/, which is the official source of information for Patients about the Provider and the services it provides.
- Acceptance of the Offer — the full, unconditional and unreserved acceptance by the Patient / the Patient’s Legal Representative of the terms of the Offer in the form of this Agreement.
- Provider — LLC DOKOS MEDICAL, operating under License No. 1296 of the Ministry of Health of Ukraine dated 01 December 2016.
- Patient — an individual who has been identified on the Provider’s website and has accepted the Provider’s Offer set out in this Agreement.
- Legal Representative — an individual (parent, adoptive parent, guardian) acting where the patient is a minor under 14 years of age, a minor aged from 14 to 18 years, or a person whose civil capacity is limited by a court decision.
- Parties — the Patient, the Patient’s legal representative, and the Provider.
- Access Credentials — a personal login and password or a unique secure link provided to the Patient to join a VC session through a software application or web browser in a secure virtual account. The message sent to the Patient is personalized and may not be forwarded to third parties.
- Price List — the current list of services and prices published on the Provider’s website.
- Personal Wallet — a virtual account for storing funds.
- Subject Matter of the Agreement
2.1. This Public Offer Agreement (hereinafter — the “Agreement”) shall be deemed concluded between the Provider, on the one part, and the Patient (Legal Representative), on the other part, from the moment the latter accepts all terms of this Agreement without exception.
2.2. If an individual accepts the terms set out below and pays for the services, this shall constitute full and unconditional Acceptance of this Offer.
2.3. In the manner and on the terms defined by this Agreement, the Provider undertakes to provide the Patient with VC services, and the Patient (Legal Representative) undertakes to accept and pay for them.
2.4. The Services are provided during the Provider’s business hours specified on the Provider’s website.
2.5. A VC does not replace an in-person examination; where the law or the Patient’s condition requires an in-person appointment, the physician shall recommend one. The legal framework for providing VC services consists of the following (as amended and including any acts replacing them):
- Fundamentals of the Legislation of Ukraine on Health Care — introduce the concept of telemedicine and establish medical confidentiality and the Patient’s right to informed consent;
- Order of the Ministry of Health dated 19 October 2015 No. 681 “On Approval of Regulatory Documents Concerning the Use of Telemedicine in the Health Care Sector” — governs the provision of medical care using telemedicine and the forms of telemedicine documentation (001/tm, 002/tm, 003/tm); does not apply to telemedicine under martial law; once effective, it will be replaced by the Order of the Ministry of Health “On Approval of the Procedure for Providing Medical and/or Rehabilitation Care Using Telemedicine”;
- Order of the Ministry of Health dated 17 September 2022 No. 1695 “On Approval of the Procedure for Providing Medical and/or Rehabilitation Care Using Telemedicine During Martial Law in Ukraine or in Certain Areas Thereof”;
- Order of the Ministry of Health dated 27 January 2025 No. 167 — use of telemedicine within the procedures for providing primary care (No. 504) and palliative care (No. 1308);
- Order of the Ministry of Health dated 28 February 2020 No. 587 “Certain Issues Concerning the Maintenance of the Register of Medical Records, Referral Records and Prescriptions in the Electronic Health Care System” — entry and processing of medical information in the Electronic Health Care System (EHS), including a medical record for each telemedicine consultation;
- Order of the Ministry of Health dated 14 February 2012 No. 110 — primary medical record form No. 003-6/o “Patient’s Informed Voluntary Consent…” and instructions for completing it;
- Law of Ukraine “On Electronic Identification and Electronic Trust Services” — legal framework for electronic identification; qualified electronic signature (QES) as a method for the Patient to sign documents remotely.
2.6. If you do not agree with any provision of this Agreement, the Provider asks you to refrain from receiving the video consultation service.
- Terms and Procedure for Providing Video Consultations
3.1. To receive a VC, the Patient must:
- Contact the Provider through the website or contact center to book a VC (select a physician, date and time, describe concerns and symptoms, submit test results, etc.). A message stating the date and time of the VC will be sent to the Patient immediately after booking;
- Pay 100% of the VC fee;
- At the agreed time, have a laptop, personal computer or mobile phone with a camera, microphone and Internet access, and be in a private location.
3.2. The Provider does not supply the Patient with technical equipment required to receive a VC.
3.3. The Provider begins preparing for the VC only after the task has been defined and payment has been received.
3.4. In the event of technical malfunction, illness or business travel of the physician, the Provider may, subject to agreement with the Patient, reschedule the VC or replace the physician.
3.5. At the beginning of the VC, the physician identifies the Patient (where necessary, using an identity document). Before the VC begins, the Patient (Legal Representative) provides informed voluntary consent to receive medical care using telemedicine (form No. 003-6/o, Order of the Ministry of Health No. 110) in electronic form — using a QES or another method of electronic identification permitted by law.
3.6. A VC is not intended for emergencies. In a life-threatening situation (severe chest pain, signs of stroke, bleeding, loss of consciousness, difficulty breathing, etc.), the Patient must immediately call 103 or 112.
3.7. The physician enters a medical record for each VC into the electronic health care system (EHS). Electronic prescriptions and referrals, where medically justified and permitted remotely, are issued in the EHS (Order of the Ministry of Health No. 587).
- Rights and Obligations of the Parties
4.1. Obligations of the Provider:
4.1.1. To provide the Patient with VC services in a timely manner and with appropriate quality, taking into account the Law of Ukraine “On Personal Data Protection”, the principles of preserving and non-disclosing medical secrecy and confidential information.
4.1.2. To ensure timely publication on the website of accurate and complete information on the qualifications of specialists, operating hours, the list of paid medical services and their prices, and the conditions for providing and receiving such services.
4.1.3. To ensure the participation of qualified medical personnel in providing VC services.
4.1.4. To maintain the necessary medical records of the Patient and records of services provided and funds received.
4.1.5. To credit payment for an unused VC to the Patient’s Personal Wallet for payment of other services of the Provider or refund it to the Patient upon request.
4.1.6. To retain the information and data (including personal data) provided by the Patient for performance of the Agreement and to protect such information from unauthorized access.
4.2. Rights of the Provider:
4.2.1. To agree with the Patient on the date and time of the VC.
4.2.2. To independently determine the nature and scope of recommendations and examinations, including recommending an in-person appointment.
4.2.3. To provide medical recommendations in accordance with clinical protocols and regulatory documents approved by the Ministry of Health of Ukraine.
4.2.4. To reschedule the VC, subject to agreement with the Patient, or replace the physician (illness, business travel, technical malfunction).
4.2.5. To refuse to provide a VC to the Patient and terminate the Agreement unilaterally if the Patient fails to perform the obligations under this Agreement, in particular where the Patient cannot be identified or the Patient refuses / is technically unable to sign the informed consent.
4.2.6. To interrupt the VC in the event of improper conduct by the Patient toward the physician (insults, obscene language, advertising, intoxication, etc.). The Service shall be deemed provided to the extent actually rendered.
4.2.7. To change the price of a VC in the Price List at any time. Such change shall not affect VCs already paid for.
4.2.8. To send the Patient SMS messages and emails and to call the Patient regarding performance of the Agreement.
4.3. Obligations of the Patient (the Patient’s Legal Representative):
4.3.1. To agree with the Provider on the date and time of the VC and contact the physician on the specified date and time.
4.3.2. Before the VC begins, to confirm personal data (full name, date of birth) and provide informed consent.
4.3.3. To describe complaints and symptoms as fully as possible, promptly answer the physician’s questions, and disclose medications being taken, illnesses, allergic reactions and other material information about the Patient’s health condition.
4.3.4. To comply with the physician’s oral and written instructions and recommendations; to inform the Provider of material changes in the Patient’s health condition.
4.3.5. Not to disclose Access Credentials to third parties; to be independently responsible for access to personal data.
4.3.6. Not to record the VC or distribute its materials without the physician’s consent.
4.3.7. To understand that, when providing a VC, physicians are unable to provide emergency medical care “here and now”.
4.3.8. To notify the Provider of any identified deficiencies in the provision of a VC by submitting a complaint (without limiting the right to apply within the time limits established by law).
4.3.9. To guarantee the accuracy of the personal data provided and timely notify the Provider of any changes.
4.4. Rights of the Patient (the Patient’s Legal Representative):
4.4.1. To receive VC services of appropriate quality.
4.4.2. To receive accurate and complete information about the Patient’s health condition, contraindications, possible complications and risks, prognosis of the disease, as well as the limitations of the remote format.
4.4.3. To confidentiality regarding the Patient’s health condition, the fact of seeking a VC, diagnosis, and information obtained during performance of the Agreement.
4.4.4. To request replacement of the physician before the VC begins.
4.4.5. To reschedule the date and time of the VC after agreeing the rescheduling terms with the Provider in advance.
4.4.6. To refuse an unused VC by notifying the Provider in advance.
4.4.7. To receive written explanations, physician recommendations and other information by email.
4.4.8. To use funds in the Personal Wallet to pay for the Provider’s services.
- Cost of Services and Payment Procedure
5.1. The cost of a VC is determined according to the Price List approved by the Provider and published on the Provider’s website.
5.2. The Patient pays the cost of the VC online in accordance with the Price List.
5.3. Payment is made by the Patient through payment services (acquiring services) specified on the Provider’s website.
5.4. This Agreement provides that the moment payment is made is the moment it takes legal effect.
5.5. If the Patient refuses to receive a VC, the amount paid is automatically credited to the Patient’s Personal Wallet for payment of other services of the Provider or refunded to the Patient upon request, less the Provider’s actually incurred expenses (Article 903 of the Civil Code of Ukraine).
5.6. The Provider may revise prices for services and introduce additional services. The Patient shall learn about changes in price from the Provider’s website or through a call or message from the administrator.
- Liability of the Parties
6.1. The Provider is responsible for the quality of the VC services provided under this Agreement.
6.2. The Provider shall not be liable in the event of complications affecting the Patient or for harm caused to the Patient’s life and health as a result of the following (to the extent not contrary to law):
- the Patient’s (Legal Representative’s) failure to perform obligations under this Agreement, including the physician’s instructions and recommendations;
- the Patient’s failure to disclose material information about the Patient’s health condition;
- use of medicinal products that were not prescribed by a physician of the Provider;
- development of diseases unrelated to performance of the Agreement;
- side effects of medicinal products where the possibility of such effects is stated in the accompanying information;
- receipt of medical care from third parties.
6.3. The Provider shall not be liable for interruptions in the provision of a VC caused by circumstances beyond its control: power outages, Internet disruptions, internet service provider failures, system failures, or cyberattacks. In such a case, the VC shall be rescheduled or the funds shall be refunded.
6.4. The Patient is responsible for the Patient’s conduct during the VC, the accuracy of the data provided, and the Patient’s decisions and actions in performing this Agreement.
6.5. The Parties shall not be liable for breach of their obligations under this Agreement if such breach occurred through no fault of their own. A Party shall be deemed not at fault if it proves that it took all measures within its control to properly perform the Agreement.
6.6. The Parties shall be released from liability in the event of force majeure circumstances: fires, natural disasters, hostilities, air-raid alerts, shelling, emergency power outages, adoption of legislative acts, and other circumstances making proper performance of obligations impossible. A Party shall notify the other Party of such circumstances without delay.
- Confidentiality
7.1. In accordance with the Civil Code of Ukraine, the Laws of Ukraine “On Information” and “On Personal Data Protection”, and the Fundamentals of the Legislation of Ukraine on Health Care, for the purpose of preventing leakage and disclosure of confidential information and medical secrecy, the Provider undertakes not to disclose information about the Patient that became known to it during performance of the Agreement, except in cases provided for by law.
7.2. A VC is not recorded by default. Audio and video recording of a VC is permitted only by agreement of the Parties or in cases provided for by law.
7.3. The Provider shall not be liable for disclosure of information where such disclosure occurred due to circumstances beyond its control (including hacker attacks, the Patient’s transfer of Access Credentials to third parties, the presence of third parties near the Patient, or the Patient’s publication of data on external resources).
- Amendment and Termination of the Agreement
8.1. The Agreement enters into force from the moment of its Acceptance by the Patient and remains in force for an indefinite period.
8.2. The Agreement may be terminated:
- by mutual agreement of the Parties;
- unilaterally, subject to mandatory reimbursement by the Parties of expenses actually incurred in the event of non-performance of contractual obligations by one of the Parties;
- by the Patient as a consumer — in the cases and in the manner provided for by Article 9 of the Law of Ukraine “On Consumer Rights Protection” and Article 903 of the Civil Code of Ukraine.
- Final Provisions
9.1. Amendments to this Agreement and changes to the procedure, scope and conditions for providing services may be made by the Provider unilaterally. Notice of amendments shall be given by publishing the Agreement in a new version on the Provider’s website.
9.2. All amendments enter into force and become binding on the Patient from the moment of publication and shall not apply to VCs already paid for. If the Patient disagrees with the amendments, the Patient may terminate the Agreement in accordance with Clause 8.2.
9.3. By accepting this Agreement, the Patient consents to the collection, storage and processing by the Provider of the Patient’s personal data, including health data, within the scope of the Law of Ukraine “On Personal Data Protection” (or any act replacing it), for the purposes of performing this Agreement, providing medical care, maintaining medical records and entering data into the EHS, carrying out settlements, and monitoring the quality of medical care.
9.4. For the purposes of this Agreement, the Parties understand personal data to mean any information relating to a personal data subject, including surname, first name, patronymic, date of birth, address, identity document details, taxpayer registration number, email address, telephone number, and health information. The Patient is aware of and understands the content of the Patient’s rights as a personal data subject; consent may be withdrawn subject to the Provider’s obligation to retain medical records for the periods established by law.
9.5. All disputes or disagreements arising during the term of the Agreement shall be resolved by the Parties through negotiations with a view to pre-trial settlement. If no agreement is reached, the dispute shall be resolved by a court in accordance with the legislation of Ukraine. The Patient has the right to apply to consumer protection authorities.
Provider Details
LLC DOKOS MEDICAL
EDRPOU Code — 40484717
VAT Taxpayer Identification Number — 404847126585
Actual address: 52 Hetmana Pavla Polubotka St., Kyiv, Ukraine
IBAN UA323052990000026002026202849, JSC CB PRIVATBANK
Director — Kostiantyn Yuriiovych Znachkov
Tel.: (067) 691-79-51, (050) 412-62-12; e-mail: info@docos.one
License of the Ministry of Health of Ukraine No. 1296 dated 01 December 2016