CONTRACT FOR PROVISION OF SERVICES

between 

Euro Telemedicine Limited

and

Dr. _________

 

 

Definitions

PARTY A: 

Dr. _______, doctor of _______ , registered as a______, member of ______ under the identification _______.

PARTY B: 

Euro Telemedicine Limited, with registered domicile at: 

36, St. Dminka Street, Victoria VCT 9030, Gozo Island, European Union State of Malta. VAT registration: MT25962411.

Client:

is the individual that requests and receives the consultation from PARTY A.

Medical orientation: 

the advice, guidelines and recommendations given by PARTY A to the client related to the health condition

Website: 

Website of EuroTelemedicine Ltd. include eurotelemedicine.eu.

APP:

App are the applications available on Apple iOS and Google Android powered devices such as smartphones and tablets. They are made available for a ocst of Zero by EuroTelemdicine Ltd. on the platforms of Apple Inc. and Google Inc.

Consultation: 

is the online appointment that is held using the APP on two remote devices. A secured connection is provided by EuroTelemedicine to connect PARTY A to the client.

The parties identified above have, among themselves, entered into this Contract for the provision of Independent Professional Services which shall be governed by the clauses described below.

CLAUSE 1 – PURPOSE OF THE CONTRACT

The subject of this contract is the provision of services by PARTY B to PARTY A, consisting of an APP that enable connecting PARTY A with clients. The connection is done by an APP and using video and/or audio conferencing and/or chat. PARTY B also provides the exclusive calendar to PARTY A.

CLAUSE 2 – PARTY A OBLIGATIONS

a) to maintain, for the duration of this Contract, registration with the relevant regional or national Medical Council, under penalty of termination of this contract.

b) present all documentation related to the medical qualification, specialization, such as specialist title, proof of medical residency, awards, diploma and discharge certificate on an annual basis where applicable.

c) comply with the provisions of this Contract.

d) be responsibility for the access to the doctor’s area in the PARTY B web system, through his/her personal and non-transferable login and password.

e) keep confidential information about clients, and about the activities of PARTY B, unless authorized.

f) keep agenda and information up to date, meet the scheduling for medical orientation. If there is any reason that prevents PARTY A from fulfilling the scheduled appointments, PARTY A must notify PARTY B at least 24 hours in advance.

g) PARTY B website will not be responsible for the content and change of information made in the service between the PARTY A and the client. The medical guidance is the responsibility of PARTY A, which must unconditionally follow the applicable Code of Medical Ethics. 

h) PARTY A may not negotiate service for less than EUR 25.00 (twenty five euros), unless otherwise stipulated by the Law or agreed between PARTY A and PARTY B.

i) The value for the service paid to PARTY A shall be collected by PARTY B from the client.

CLAUSE 3 – PARTY B OBLIGATIONS

a) make the payment to PARTY A, according to the provisions of clause 4 of this agreement.

b) offer access to the doctor’s area.

c) keep the web system in a position so that all medical orientation activities can occur at any time of the day or night, except in unforeseen force major situations, such as the absence of electricity and internet supply by contracted concessionaires.

d) keep the billing history of PARTY A updated.

e) provide technical support.

CLAUSE 4 – PAYMENT

PARTY B  will pay PARTY A the value received from the user, discounting the amount identified in ANNEX 1 of this CONTRACT corresponding to the use of the medical platform for each medical orientation performed. The amount is defined in the pricing table in the annex.

The payment of the medical orientation regarding the services rendered will be carried out within 30 days of the end of the month, on the last day of the month. If it occurs on the weekend or on a public holiday, it will be paid on the first business day after that date on the registered bank account using IBAN. For example, an orientation that occurs between 01.01 and 31.01 will be paid by the 30.02, or before.

CLAUSE 5 – RESPONSIBILITY AND LIABILITY

PARTY B is responsible for the content of the information on website and APP.

The PARTY A must follow the Code of Medical Ethics and conduct the healthcare orientation with care and professionalism.

PARTY A is responsible to obtain insurance related to malpractice and ensure that medical orientation are covered under the insurance policy.

Under no circumstance shall Euro Telemedicine Ltd. be held liable for the medical advice provided by PARTY A. 

CLAUSE 6 – FAIR GROUNDS FOR THE TERMINATION BY PARTY B

PARTY B shall have the following reasonable grounds for termination of this Contract:

a) Failure by PARTY A to comply with the obligations established in this contract.

b) Failure to repetitively meet the deadlines, agreed with the clients, in the online Agenda.

c) For economic reasons.

CLAUSE 7 – FAIR REASONS FOR THE TERMINATION BY PARTY A

PARTY A shall have the following reasonable grounds for termination of this Contract:

a) Request by PARTY B for services not covered in the scope of this contract.

b)  PARTY B failure to comply with the obligations established in this contract.

c) for the interest defined in Clause 8

CLAUSE 8 – TERMINATION OF CONTRACT

If there is an interest in terminating the agreement, the interested party shall notify the other party in writing at least 30 days in advance, provided there are no scheduled appointments.

The termination of this Contract shall not cancel the rights and obligations between PARTY A and PARTY B.

CLAUSE 9 – DURATION OF THE CONTRACT

This Contract will be valid for an indefinite period, starting from the date of signature. 

CLAUSE 10 – GENERAL CONDITIONS

PARTY A  shall not have a date and fixed schedule pre-established by PARTY B to perform the medical orientation. The periodicity and the schedules of the consultations are the sole control of  PARTY A, and there is no employment relationship between PARTY A and PARTY B.

It is free to PARTY A to carry out its activities for any other clients, be it Hospital, Clinics, Companies, etc., outside the scope of this contract.

CLAUSE 11 – APPLICABLE LAW AND LANGUAGE

Both parties will try to resolve any dispute amicably.

If this is not possible, both parties will use a mediator to reach arbitration, appointed by the Chamber of Commerce and Industry of London, England, namely the London Chamber of Arbitration and Mediation.

In the last instance, In order to resolve any disputes arising from the CONTRACT, the parties elect the applicable law of England & Wales with the jurisdiction of the High Court of Justice at Rolls Building in London, England.

The English version of the contract shall prevail. A contract in any other language is provided as a courtesy for informative purposes only.

CLAUSE 12 – CONTINUOUS IMPROVEMENT

PARTY A and PARTY B commit to mutually improving the service in the interest of the final client. 

CLAUSE 13 – GDPR, CONFIDENTIALITY, PUBLICITY

PARTY A and PARTY B agree to mutually cooperate to ensure all provisions, by the Law at National and European Union level, are strictly adhered to, in the frame of General Data Protection Regulation (GDPR) and best practices on confidentiality and data privacy. 

PARTY B may utilize the information provided by Party A: name, picture, biography for publicity purposes in digital channels.

SIGNATURES

Place and date

PARTY A PARTY B

the Professional for Euro Telemedicine Limited ANNEX

ANNEX 1 – PRICES

A. rate per consultation/ Party A revenue

Amount: XX per consultation to be paid to Party A (Party A decide duration)

Currency EUROS

FEES chargeable:

to the doctor: 0 EUROS per consultation

0 EUROS set-up and registration fee

0 EUROS maintenance fee

0 EUROS transaction fee

0 EUROS termination fee

B. Cost to the patient: 

the patient will be charged the amount above plus 5 EUROS

Prices are valid for a duration of 6 months from the time of contract signature. An adjustment would be mutually agreed.

ANNEX 2 – SPECIAL CONDITIONS