
Terms and Conditions
FIRST: OBJECT OF THE CONTRACT
THE CONTRACTOR contracts the services of the PROVIDER for the elaboration of a virtual treatment plan (“treatment planning”) based on the records provided by THE CONTRACTOR, such as photographs, x-rays and any other material necessary for the virtual diagnosis of the case according to the request indicated by THE PROVIDER.
SECOND: SCOPE OF SERVICE
1. THE PROVIDER shall perform a feasibility analysis of the case based on the information provided by THE CONTRACTOR, who has previously verified the patient's medical history.
2. The suggested treatment plans will be based on the information provided to make the case as efficient and realistic as possible. The final approval of the treatment corresponds exclusively to THE CONTRACTOR.
3. THE CONTRACTOR is responsible for the monitoring, use and recommendations to the patient to guarantee the effectiveness of the treatment.
4. THE PROVIDER shall provide the treatment plan for review by THE CONTRACTOR, who may request up to two (2) modifications before its approval. In case of direct modifications by THE CONTRACTOR or third parties, THE PROVIDER shall not continue with the case nor assume any responsibility for such modifications.
5. PROVIDER shall deliver the treatment plan within up to three (3) business days and the case analysis within one (1) business day after receipt of the complete information.
6. THE CONTRACTOR shall pay the cost of the selected service at the time of submitting the request.
7. Refunds will be made if the PROVIDER does not comply with the delivery deadline established in the previous paragraph.
THIRD: COST OF THE SERVICE AND METHOD OF PAYMENT
The price of the treatment planning service shall be determined according to the type of case and the specific requirements of the CONTRACTOR.
1. The cost of the service shall be paid in full by THE CONTRACTOR at the time of submitting the service request.
2. Payment shall be made by bank transfer to the IBAN account indicated by the PROVIDER, as indicated in the corresponding invoice.
3. In the event that THE PROVIDER fails to comply with the delivery term stipulated in clause one, THE CONTRACTOR shall be entitled to request a full refund of the payment made.
4. THE PROVIDER shall not be liable for delays in the accreditation of the payment derived from third parties (banks, payment platforms, etc.).
5. No refunds will be made once the treatment plan has been delivered and approved by THE CONTRACTOR.
FOURTH: GUARANTEE CLAUSE
THE PROVIDER guarantees that the treatment plans provided have been prepared based on the information provided by THE CONTRACTOR and using the best standards of quality and technical accuracy available. However, due to the advisory nature of the service, THE PROVIDER cannot guarantee a specific result in the application of the treatment.
1. THE PROVIDER agrees to make up to two (2) modifications to the treatment plan at no additional cost, provided that these are requested prior to approval by THE CONTRACTOR.
2. The guarantee does not cover modifications made by THE CONTRACTOR or third parties after delivery of the treatment plan.
3. THE PROVIDER shall not be liable for adverse results derived from errors in the information provided, failures in the application of the treatment, lack of follow-up of the patient or any other circumstance outside its advisory work.
4. In the event that the treatment plan presents errors attributable to the PROVIDER, the company undertakes to make the necessary corrections at no additional cost.
FIFTH: RELEASE OF LIABILITY
THE PROVIDER acts only as a consultant in treatment planning and assumes no responsibility for the execution, implementation or results of the suggested treatment. THE CONTRACTOR is solely responsible for the evaluation, approval and application of the treatment in its patients.
PROVIDER provides treatment plans based on the information provided by CONTRACTOR and does not guarantee a specific result and assumes no responsibility for errors in diagnosis, incomplete information, inaccuracies in the records provided or subsequent modifications made by third parties.
THE CONTRACTOR acknowledges that the PROVIDER'S service is advisory in nature and does not replace its professional judgment or medical responsibility. THE PROVIDER is not responsible for complications, adverse effects or any other outcome resulting from the implementation of the treatment plan.
The information and recommendations provided by the PROVIDER are intended exclusively for the planning of the patient's treatment and should not be used for purposes other than those agreed upon in this contract. The PROVIDER assumes no responsibility for misinterpretation or misuse of the information provided.
Likewise, the PROVIDER shall not be liable in the following cases:
1. Improper use of the treatment plan by the CONTRACTOR or the patient.
2. Modifications made to the treatment by the CONTRACTOR or third parties without the approval of the PROVIDER.
3. Lack of monitoring or supervision of the treatment by THE CONTRACTOR.
4. Any complication or adverse result in the patient derived from factors outside the planning made by the PROVIDER.
Given the above, THE CONTRACTOR is solely responsible for the monitoring, adjustment and application of the recommendations indicated in each case.
SIXTH: ANNEX ON PATIENT TREATMENT
Attached to this contract is a document called Annex 1, which details the specifications of the treatment planned for the patient. Said annex shall be reviewed and signed by THE CONTRACTOR prior to the provision of the service.
Attachment 1 shall include:
1. detailed description of the proposed treatment.
2. Information on the recommended materials and procedures.
3. Potential risks and relevant clinical considerations.
4. The total cost of the service, as agreed between the parties.
The signature of the CONTRACTOR in Annex 1 confirms his acceptance of the treatment plan and the agreed price, as well as his commitment to adequately inform the patient prior to its application.
SEVENTH. INFORMED CONSENT CLAUSE
THE CONTRACTOR declares that it has informed its patients of the recommended procedures and treatments, as well as their risks and benefits, exempting THE CONTRACTOR from any liability arising from the doctor-patient relationship.
THE CONTRACTOR acknowledges and accepts that the service provided by THE PROVIDER is based on the information supplied by him/her and that it is his/her responsibility to inform his/her patients about the recommended procedures, their risks, benefits and possible treatment alternatives.
Furthermore, THE CONTRACTOR declares that:
1. He has independently evaluated the feasibility of the treatment plan prior to its implementation.
2. It has informed its patients about the possible risks and benefits of the treatment, as well as the limitations of the treatment.
3. It has obtained the informed consent of its patients, exempting the PROVIDER from any liability arising from the doctor-patient relationship.
4. The PROVIDER undertakes to carry out the necessary monitoring and follow-up for the correct application of the treatment.
THE PROVIDER shall not be liable for any failure to obtain the informed consent by THE CONTRACTOR or for claims derived from the lack of information to the patient.
EIGHTH: INTELLECTUAL PROPERTY
All treatment plans, documents, analyses, strategies and other materials generated by the PROVIDER within the framework of this contract are the exclusive property of the PROVIDER.
1. CONTRACTOR shall have the right to use the treatment plans exclusively for the care of patients related to this contract.
2. Reproduction, distribution, modification, disclosure or use of the materials provided by PROVIDER for purposes other than those set forth in this contract is expressly prohibited without the express written authorization of PROVIDER.
3. In case of improper use of the materials generated by THE PROVIDER, the company may take the corresponding legal measures to protect its intellectual property rights.
NINTH: NON-ASSIGNMENT
THE CONTRACTOR may not assign, transfer or sublicense the rights and obligations arising from this contract without the express written authorization of the PROVIDER.
1. Any attempt to assign or transfer without authorization shall be considered null and void.
2. THE PROVIDER may assign its rights and obligations to a subsidiary, parent company or third party, provided that compliance with the terms of this contract is guaranteed.
3. In case of breach of this clause, the PROVIDER reserves the right to terminate the contract without any liability whatsoever.
TENTH: JURISDICTION AND APPLICABLE LEGISLATION
For all matters not provided for in this contract, the legislation in force in the Republic of Costa Rica shall apply. The parties submit to the jurisdiction of the Courts of the Republic of Costa Rica, expressly waiving any other jurisdiction that may correspond to them due to their present or future domicile.
However, for the resolution of conflicts, the parties agree to submit to a staggered mechanism for the resolution of controversies, according to the following procedure:
1. Conciliation: Any conflict, dispute or claim arising from the interpretation, execution or breach of this contract shall be submitted, in the first instance, to a conciliation process before the Dispute Resolution Center of the Costa Rican Bar Association (CAM). Any of the parties may request the opening of the conciliation process, which shall be governed by the regulations of the CAM. If within a maximum period of thirty (30) calendar days from the notification of the conciliation request an agreement is not reached, the parties may resort to the next stage.
2. Ordinary Jurisdiction: If for any reason the conflict cannot be resolved through arbitration, or if so agreed by both parties, they may resort to the ordinary jurisdiction, submitting themselves to the Courts of the Republic of Costa Rica.
With this procedure, the parties seek to guarantee an efficient and equitable resolution of any controversy that may arise in the execution of this contract.
ELEVENTH: NOTIFICATIONS
For all the effects derived from the present contract, the parties indicate as their domiciles those indicated in the heading of this contract and their e-mail addresses for notifications are the following:
- THE PROVIDER: [E-mail]
- THE CONTRACTOR: [E-mail].
Any notice, requirement or communication between the parties shall be in writing and may be delivered personally, sent by certified mail with return receipt requested or sent to the e-mail address indicated, provided that there is confirmation of receipt. In the event of a change of address or e-mail address, the party making the change must notify the other party in writing at least five (5) business days in advance. If this obligation is not complied with, the notifications made to the last physical or electronic address indicated shall be fully valid.
TWELFTH: GENERAL PROVISIONS
1. This contract constitutes the entire agreement between the parties and supersedes any previous agreement.
2. Any modification shall be in writing and signed by both parties.
3. In all matters not provided for in this contract, the legislation in force shall apply.