Public offer contract

1.1. In this Agreement, the terms are used in the following sense:

• Site (Service) — the Contractor's website, located at https://uamentalhelp.clinic, together with all its pages, registration and payment forms.
• Performer — LLC "CENTER OF MENTAL HEALTH YUA MENTAL HELP".
• Client — an able-bodied natural person who has reached the age of 18, has accepted this Offer and receives Services for his own needs or for the needs of a third party (Recipient of Services) in the manner stipulated by the Agreement.
• Recipient of services — the person to whom the consultation is provided directly. In most cases, the Client and the Recipient of services coincide.
• Specialist — a psychologist, psychotherapist or other specialist engaged by the Contractor who has appropriate education and qualifications and directly provides Services.
• Services — psychological consultations (individual, couple, family, group), psychotherapy sessions, supervision, psychodiagnostics and other services indicated on the Site.
• Session — one consultation with the duration indicated in the description of the corresponding Service on the Site (by default — 50 minutes).
• Acceptance — full and unconditional acceptance by the Client of the terms of this Offer in the manner specified in section 3.
• Personal account / Application — an electronic form on the Site, through which the Client reserves time, selects the Service and makes payment.

1.2. Terms not defined in this section shall be interpreted in accordance with Ukrainian legislation and generally accepted meaning.

2.1. The Contractor undertakes to provide the Client with psychological counseling Services in the format chosen by the Client (online — via video link, or offline — at the address indicated on the Site), and the Client undertakes to accept and pay for these Services under the terms of this Agreement.

2.2. The list of Services, their description, duration, format and cost are posted on the Site and are an integral part of this Agreement.

2.3. An important disclaimer regarding the nature of the Services.

2.3.1. The services have a consulting, psychological and psychoeducational nature. They are not emergency (urgent) medical care and do not replace it.

2.3.2. A psychological consultation is not a medical diagnosis, prescription of drugs or medical treatment, except in cases where the Service is provided by a doctor of the relevant specialty within the scope of the Contractor's license to carry out economic activity in the field of medical practice.

2.3.3. The executor does not issue documents certifying temporary incapacity, and does not conduct forensic psychological or forensic psychiatric examinations.

2.3.4. If you or another person is in a life- or health-threatening condition, immediately call 103 or 112 for emergency help. The service does not operate in a 24-hour crisis mode and does not provide continuous monitoring of the Client's condition.

2.4. The result of the Services is probabilistic in nature and depends on the individual characteristics of the Service Recipient, his involvement, regularity of visits and implementation of recommendations. The performer does not guarantee the achievement of a specific therapeutic result within the specified period.

3.1. The contract is considered concluded from the moment the Client commits any of the following actions (Acceptance):

• putting a mark of agreement with the terms of the Offer in the registration/payment form on the Site;
• payment for the Services (in whole or in part) in any prescribed manner;
• actual receipt (beginning) of consultation.

3.2. Acceptance means that the Client has familiarized himself with the terms of the Agreement, the Privacy Policy and the notice on the processing of personal data, fully understands them and accepts them without reservation.

3.3. The contract is concluded in electronic form and is equated to a written one in accordance with the Law of Ukraine "On Electronic Commerce". A separate paper copy is not drawn up, unless the Parties have agreed otherwise.

3.4. By making the Acceptance, the Client confirms that:

• he is a legally competent person who has reached the age of 18;
• the information provided by him is reliable;
• he is not under the influence of alcohol, drugs or other intoxication during the Session.

3.5. Minors Services to a person under the age of 18 are provided only with the consent and with the execution of the Application by one of the parents or another legal representative, who in this case acts as the Client and is responsible for the implementation of this Agreement. The executor has the right to request confirmation of the status of the legal representative.

4.1. The Client independently chooses the Service, the Specialist (if such an option is available) and a convenient time from those available on the Site, after which he confirms the Application and makes the payment.

4.2. The reservation is considered confirmed after the payment has been received and the Client has received a confirmation to the e-mail address specified by him and/or in the messenger.

4.3. For the online format, the Performer sends the Client a link to the video meeting no later than 30 minutes before the start of the Session.

4.4. Technical requirements (online format). The client independently provides: a stable Internet connection, a working device with a camera and a microphone, a quiet and private room where he will not be heard by outsiders.

4.5. The session starts at the booked time. If the Client is late, the Session ends at the scheduled time without extension and is considered to be provided in full. If the Client does not appear within 15 minutes from the start and does not notify the Contractor, the Service is considered to have been provided, and the payment is not refunded.

4.6. If the Session did not take place or was interrupted due to the fault of the Performer or Specialist (including due to a technical failure on the part of the Performer), the Client, at his choice, is offered the rescheduling of the Session to another time, compensation for the unfulfilled part of the time, or a refund.

4.7. The service is considered properly provided and accepted by the Client, if within 3 (three) calendar days after the Session, the Client has not sent a motivated written claim to the Contractor's email address. Acts of rendered services shall not be drawn up, unless otherwise agreed by the Parties.

4.8. Replacement of Specialist. In case of illness, vacation or other objective circumstances, the Performer has the right to propose another Specialist with equivalent qualifications or to postpone the Session. If the Client does not agree, the money for the service not received will be returned in full.

4.9. The Specialist has the right to stop or not start the Session if the condition or behavior of the Service Recipient makes constructive work impossible (aggression, intoxication, threats), as well as if the request is beyond his competence. In this case, the Specialist provides recommendations for contacting a specialized specialist.

5.1. The cost of the Services is determined in accordance with the price posted on the Site at the time of the Application, and is indicated in hryvnias.

5.2. The Contractor has the right to change the cost of the Services unilaterally. The change does not apply to already paid Sessions.

5.3. Payment is made in advance - 100% of the cost of the Session or the Session package, unless otherwise indicated on the Site.

5.4. Payment methods: by payment card through the payment service on the Site, by bank transfer to the Contractor's account, by other methods specified on the Site.

5.5. The moment of payment is considered the transfer of funds to the Contractor's account. Commissions of banks and payment systems are paid by the Client.

5.6. Session packages. If the Client purchased a package, the term of its use is indicated in the description of the package (by default - 6 months from the date of payment). Unused Sessions after the expiration of the term are canceled, unless the Parties have agreed otherwise.

5.7. The Contractor does not store or process the details of the Client's payment cards - they are processed by a certified payment provider.

6.1. The Client has the right to cancel or postpone the Session by notifying the Performer no later than 24 hours before its start. In this case, the Session is postponed to another available time or the funds are refunded in full at the Client's option.

6.2. In case of cancellation less than 24 hours before the start of the Session or the Client's no-show, the Service is considered to have been provided, and the paid funds are not refunded. The Contractor, at its sole discretion, may make an exception for valid reasons (illness, emergency, alarm/fire, prolonged power outage) provided that notice is given within a reasonable period of time.

6.3. The notice of cancellation or postponement is sent through the form on the Site, to the e-mail address or to the messenger of the Contractor specified in section 13.

6.4. Refunds are made within 10 (ten) banking days from the date of receipt of the relevant application from the Client for the same details from which the payment was made.

6.5. The right to withdraw from a contract concluded remotely. In accordance with the Law of Ukraine "On the Protection of Consumer Rights", the Client has the right to withdraw from the Agreement within 14 days from the moment of its conclusion. This right does not apply to Services that were actually provided with the prior consent of the Client - in the part of Sessions already provided.

6.6. In case of refusal of the Sessions package, the cost of unused Sessions is returned; used Sessions are listed at the full one-time cost without taking into account the package discount.

7.1. The executor is obliged to:

• to provide Services with high quality, within the specified time, by the forces of qualified Specialists;
• to observe the confidentiality and ethical standards of the psychologist's professional activity;
• timely inform the Client about changes in the schedule, cost or conditions of provision of Services;
• consider the Customer's appeals and claims within 14 calendar days.

7.2. The executor has the right to:

• require full payment before the start of the provision of Services;
• refuse to provide Services in the cases provided for in clauses 4.9 and 7.5 of this Agreement;
• involve third parties (Specialists) in the provision of Services while maintaining responsibility to the Client;
• unilaterally amend this Agreement in accordance with Section 12.

7.3. The client is obliged to:

• provide reliable information necessary for the provision of Services, including about the essential circumstances of the state of health, taking medicines, existing diagnoses and previous or parallel treatment;
• to pay for the Services in a timely manner;
• adhere to the agreed time of Sessions and cancellation rules;
• respect the personal boundaries, dignity and professional position of the Specialist;
• not to make an audio or video recording of the Session or its broadcast without the written consent of the Specialist.

7.4. The client has the right to:

• receive information about the Specialist's qualifications, work method, duration and cost of the Services;
• choose and change the Specialist;
• at any time stop participating in a Session or refuse further Services, subject to the terms of Section 6;
• to address complaints and suggestions to the Executor.

7.5. The Contractor has the right to refuse further provision of Services in case of systematic violation by the Client of the terms of the Agreement, incorrect or offensive behavior towards Specialists or staff, as well as if the continuation of work is contrary to professional ethics. At the same time, funds for services not received are returned.

8.1. By making the Acceptance, the Client (Service Recipient) gives informed consent to receive psychological Services and confirms that he is familiar with:

• the voluntary nature of participation and the right to stop work at any time;
• probabilistic nature of the result (clause 2.4);
• the possibility of a temporary increase in emotional discomfort during psychotherapeutic work, which is a normal part of the process;
• the limits of the psychologist's competence and the caveats of clause 2.3.

8.2. The client understands that the effectiveness of the work depends significantly on the completeness and truthfulness of the information provided by him.

9.1. All information received by the Specialist during the Sessions is confidential and not subject to disclosure.

9.2. The Contractor processes the Client's personal data (name, contact data, data necessary for the provision of Services, including health data) in accordance with the Law of Ukraine "On the Protection of Personal Data" and the Privacy Policy posted on the Site, for the purpose of executing this Agreement, keeping records, communication and fulfilling the requirements of the law.

9.3. By making the Acceptance, the Client gives his consent to the processing of his personal data for the specified purposes and confirms that he has been informed of his rights, provided for in Art. 8 of the Law of Ukraine "On Personal Data Protection".

9.4. Exceptions to privacy. Information may be disclosed without the Client's consent only in cases expressly provided for by law, in particular:

• in the presence of a justified threat to the life or health of the Client or third parties;
• in case of receiving information about violence against a child or a person who cannot defend himself;
• at the written request of the court, pre-trial investigation bodies or other authorized bodies in accordance with the procedure established by law.

9.5. Depersonalized work materials may be used by the Specialist in supervision and review — professional procedures for improving the quality of care, the participants of which are also bound by confidentiality.

9.6. Recording of Sessions is not carried out by the Performer, except when the separate written consent of the Client is received.

9.7. The Contractor takes organizational and technical measures to protect data, but is not responsible for disclosures that occurred on the part of the Client (the presence of third parties in the premises during the Session, the use of shared devices, etc.).

10.1. The Parties are responsible for non-fulfillment or improper fulfillment of obligations in accordance with the legislation of Ukraine and this Agreement.

10.2. The contractor is not responsible for:

• decisions and actions taken by the Client based on the consultations received;
• failure to achieve the result expected by the Client (clause 2.4);
• the consequences of providing incomplete or inaccurate information by the Client;
• failures in the work of Internet providers, payment systems, video communication services and other circumstances beyond his control.

10.3. The total liability of the Contractor under this Agreement is limited to the cost of the Services paid by the Client for the Session (package of Sessions) in respect of which a dispute arose. This limitation does not apply in cases where the legislation of Ukraine does not allow limitation of liability.

10.4. Force majeure. The parties are released from responsibility for non-fulfillment of obligations caused by circumstances of force majeure, in particular military actions, missile attacks, aerial alarms, emergency power and communication outages, acts of authorities, epidemics. The Party for which such circumstances have arisen shall notify the other Party thereof within a reasonable time; Sessions that did not take place for these reasons are postponed without applying clause 6.2.

11.1. All materials of the Site, as well as methodical, distribution and educational materials provided to the Client, are objects of intellectual property rights of the Contractor or are used by him on legal grounds.

11.2. The client has the right to use the provided materials exclusively for his own non-commercial needs. Copying, distribution, publication or transfer to third parties without the written consent of the Performer is prohibited.

12.1. The Agreement enters into force from the moment of Acceptance and is valid until the Parties fully fulfill their obligations.

12.2. The Contractor has the right to unilaterally change the terms of this Offer by publishing a new version on the Site. The changes come into effect from the moment of publication, unless another term is specified in the new version.

12.3. The version of the Offer valid at the time of payment is applied to already paid Services.

12.4. Continued use of the Service after the publication of changes means the Client's agreement with the new version.

13.1. All disputes are resolved through negotiations. The claim is sent to the Contractor's email address and is considered within 14 calendar days.

13.2. In case of failure to reach an agreement, the dispute shall be resolved in court in accordance with the legislation of Ukraine. The substantive law of Ukraine applies to the Agreement.

13.3. Legally significant correspondence is carried out at the electronic addresses and contacts specified by the Parties; a message sent to the Client's e-mail address is considered received on the next business day.