1. SERVICE PROVIDER
1.1 The service provider Cosmodent Kft. (seat, place of services: 1118, Budapest Budaörsi út 9., tax number 23329487-2-43, hereinafter: “Service Provider”) declares, that it has the professional and regulatory and operational licenses, conditions and permits and has medical liability insurance relating to its practice that is valid to the persons action on its behalf. Service Provider provides health care services tailored to the specific needs of the patient.
2. CLIENT
2.1 The client is the patient under treatment indicated in the information sheet of the anamnesis document (hereinafter: „Client”). In case of treating a minor or a person with limited legal capacity, the signature and the consent of their legal representative is needed for the conclusion of the service agreement.
2.2 • By signing the treatment plan or the information sheet of the anamnesis document the Client acknowledges that he or she learned, read and understood the Terms and Conditions (hereinafter: „T&C”) and expresses its consent to be bound by it.
3. CONTRACTUAL TERMS
3.1. The T&C, the information sheet of the anamnesis document, the treatment plan, the declarations of the Client, the documents needed for the activity of the Service Provider and signed by the Client or provided to the Service Provider personally by the Client prior to the treatments jointly comprise the service agreement between the Service Provider and the Client (hereinafter: „Contract”).
3.2. The scope of the T&C shall cover every establishment and performance of any service agreement of the parties for the provisions of dental, oral surgery and dental technology services concluded prior to the signing of the treatment plan (hereinafter: „TP”) or prior to the execution of the Contract or after of the execution of the above. The scope of the T&C shall cover the enforcement any claim arising of any individual special service agreement.
3.3. • Parties define the dental services ordered by the Client, the order of materials needed and the composition of the treatment in accordance with the provisions of the TP, this T&C and the Contract. The TP shall include a price quote of the Service Provider for the proposed examinations and treatments.
3.4. By signing the TP, parties expressly agree, that Service Provider engages subcontractors for the provision of the services ordered, in particular for the provision a dental services, dental technology services, for other specific medical interventions, treatments, or for any other services ordered by the Client. The Service Provider is liable for the actions of its subcontractors as if it had committed the acts of the subcontractors itself. The Service Provider sells wholesale services in identical form to the Client. Service Provider at its discretion can resell wholesale services to the Client at the same price or with additional charge. Therefore the invoice for the payment of the treatment fees might contain wholesale services as well.
3.5. The Service Provider is entitled to modify the TP or the Contract or the price quote, if the Client provides incomplete, inaccurate or delayed information or the modification of the TP is medically justifiable. The Service Provider is obliged to notify the Client of the modification in advance.
3.6. The Service Provider performs the services undertaken in the TP in compliance with the legal and professional regulations applicable to its services, and by engaging professional and qualified dentists, dentist assistants and subcontractors. Service Provider provides the relevant dental technology materials and other materials for the appointment and with a frequency agreed by the treating dentist and the Client.
3.7. The Client is obliged to attend at the examinations and treatments at a date and time agreed in advance in suitable physical and psychological condition. Service Provider has a right to refuse treatment if Client is not cooperative or in case of the Client’s health or mental status has changed or if the Client does not fulfill its payments. In these cases, the Client cannot claim for damages from the Service Provider.
3.8. The Client can cancel the treatment in email or on the phone 1 (one) working day before the day of the treatment at the latest. In the event of failure to meet this deadline Client cannot cancel the treatment. If the cancellation of the Client is delayed or the treatment has not been cancelled by the Client but the Client does not attend at the treatment at the agreed date and time, the Service Provider can claim from the Client to pay 5000,- HUF cancellation fee for each missed treatment.
3.9. After the services performed by the Service Provider the Client must comply with the orders given by the Service Provider regarding its therapy and attend at the controls.
3.10. The Service Provider provides a guarantee for the services provided by the Service Provider in accordance with the guarantee conditions attached to the TP in addition to the legal terms and conditions.
4. PAYMENT FOR THE SERVICES
4.1. 4.1. By signing the TP, the Client expressly accepts the price quote detailed in the TP and the Client commits to pay the fee fixed in the TP. In case no TP has been issued or the TP has not been signed by the Client but a treatment was preformed or in case the TP does not contain the individual price quote, then the price list of the Service Provider published at its website and effective at the time of the treatment shall be applicable to the patient.
4.2. The Service Provider defines its prices in accordance with the individual needs of the patients in each case. The Service Provider is entitled to adapt its pricing to the needs and special conditions of the Client within the framework of the price list applicable to the given patient due to the need for especially quick and complex treatment for the foreign Clients because of their short stay, due to the screening possibly partly carried out abroad, due to the release of documentation (invoices, medical documentation) in foreign languages, due to the assistance in travelling and making appointments, due to services provided in foreign languages, due to telephone consultations, communication with foreign insurance companies, dealing with individual reimbursement claims, coordination of the enforcement of warranty claims abroad, constant communication in foreign languages and due to the establishment of a highly effective treatment environment.
4.3. According to Section 3.5 the Service Provider is entitled to unilaterally deviate from the TP, however in case of significant deviation the Service Provider must consult with the Client in advance. The calculated price quote might change together with the modified TP as noted above, in light of the actual costs of the treatment.
4.4. The treatment fee and the cost of the materials shall be paid in accordance with the TP and the Contract. The fees and costs defined in the TP shall be valid for 6 months, thereafter Service Provider is entitled to change them. Nevertheless, the envisaged prices in the TP might change until the end of the treatment – as in the cases under Section 3.5 and 4.3 – also because of professional causes arising during the treatment, e.g.: unforeseeable interventions, medical activities. The concrete fees of the performed treatments, the materials used for the treatments, the cost of wholesale services are determined in the TP or at the end of the treatment.
4.5. The Service Provider is entitled to claim for additional costs arising from the performance of the Client’s special needs or from the use of materials or technologies not detailed in the TP.
4.6. 4.6. At the end of each treatment(s) the Client verifies the performance of the Service Provider by signing the invoice which contains the fees and costs of the treatment, materials and the payment for the wholesale services. By signing the invoice, the Client verifies the contractual performance of the Service Provider and the receipt of the invoice with payment obligation. The performance shall be deemed as fulfilled even if the invoice is not signed by the Client, but the TP has been completed and the treatment can be considered medically finished.
4.7. 4.7. The invoice issued by the Service Provider determines the method and term of the payment. In case of late payment the Service Provider is entitled to claim statutory default interest and initiate appropriate legal proceedings.
5. DURATION OF THE CONTRACT
5.1. 5.1. Unless otherwise specified in the TP, the parties have concluded the Contract for an indefinite term, during which treatments, materials, wholesale services are ordered and fulfilled in accordance with the terms and conditions of the present T&C and the updated TP.
6. CONFIDENTIALITY, DATA PROTECTION
6.1. Service Provider, its personnel and partners are subject to obligation of secrecy with regards to the health of the Client and to every data or fact learned during the performance of healthcare services (hereinafter: “Medical Secret”) for an unlimited period, regardless whether it was obtained directly from the Client, or during the examination or treatment of the Client or indirectly from the medical documentation or in any other way. Medical Secret can only be disclosed to the entitled person. Secrecy obligation shall be waived in case the Client gave a dispensation or data reporting is obligatory by law. Secrecy obligation detailed in this section shall be valid in perpetuity.
6.2. Service Provider processes personal data obtained during the performance of its services in accordance with Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information and with Act XLVII of 1997 on processing and protection of medical and other related personal data and with respect to other relevant regulations. The Privacy Notice of the Service Provider is published on its website and contains further provisions regarding data protection. This Privacy Notice forms an integral part of this T&C.
7. OTHER PROVISIONS
7.1. Service Provider declares that the person signing the TP on its behalf is authorized to sign it.
7.2. The Service Provider ensures that patients can examine the present T&C prior to the establishment of the legal relationship. The T&C is public, anyone can read and know about it.
7.3. The Service Provider reserves the right to amend this T&C. The Service Provider publishes the amendment in its public rooms opened to the patients and on its website. Client is obliged to get acquainted with the provisions of the current T&C in effect, including the possibly modified provisions as well prior to ordering any further treatment or use any further services.
7.4. If, at any time, any provision of this T&C is or becomes invalid or unenforceable in any respect, the legality, validity of the remaining provision of the T&C will not be affected. In this case those provisions shall be applied which are in accordance with the will and intention of the parties.
7.5. For matters not regulated by the present Contract Hungarian law, especially the Act V of 2013 on the Civil Code and Act CLIV of 1997 on Health Care shall be applicable.
7.6. Service Provider displays in its public room the contact details of the patient right’s representative. Client can make a complaint to the patient right’s representative and can access to remedies due to abuses suffered during the performance Service Provider.
The present T&C is effective from the date of 04 September 2018 until its withdrawal or amendment.
