General Terms and Conditions (hereinafter referred to as “GTC”) of MDT – Medical Data Transfer s.r.o
1. Introductory provisions
These GTC of the business company MDT – Medical Data Transfer s.r.o, with its registered office at Mojžíšova 2901/17, Královo Pole, 612 00 Brno, identification number: 28376684, entered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 92912 (hereinafter referred to as “provider“) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a service contract (hereinafter referred to as the “contract”) concluded between the provider and another natural or legal person (hereinafter referred to as the “customer”) via the provider’s internet portal. The internet portal is operated by the provider at the internet address www.mdt.cz via a web interface (hereinafter referred to as the “portal web interface”).
The provision of the service means in particular the rental of monitoring equipment, including instructions and necessary accessories for the period specified in the contract, its transport to the customer, evaluation of records by a cardiologist and technical support during the monitoring period.
The business terms and conditions further regulate the rights and obligations of the contracting parties when using the seller’s website located at www.mdt.cz (hereinafter referred to as the “website”) and other related legal relationships.
Provisions deviating from the GTC can be agreed upon in the contract. Deviating provisions in the contract take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are an integral part of the contract. The contract and business conditions are drawn up in Czech and English. If a translation of the text of the contract is created for the customer’s needs, it applies that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
The wording of the GTC may be changed or supplemented by the provider. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Entering into the contract
The service may be ordered in the following ways:
- through the web portal at www.mdt.cz using the order form,
- by e-mail at firstname.lastname@example.org,
- via a mobile application
- in person at the provider’s premises,
- by phone.
The web interface of the portal or mobile application contains a list of services offered by the provider to the customer. The service offer remains valid as long as they are displayed on the web interface of the portal or mobile application. This provision does not limit the provider’s ability to enter into a contract under individually agreed conditions. All offers of services placed on the web interface of the portal are non-binding and the provider is not obligated to enter into a contract for these services.
To order the service, the customer fills out the order form on the web interface of the portal or orders the service in the mobile application. Depending on whether the order is made from the web interface of the portal for doctors or for patients, the items of the service order differ. The patient order form contains contact information, a description of symptoms and the method of payment. The order form for physicians contains contact information, type of monitoring, duration of monitoring, expected start of monitoring and method of payment.
The customer sends the order to the provider by clicking on the “SEND ORDER” button. The information provided in the order by the customer is considered correct by the provider. The provider (without delay) upon receipt of the order confirms its receipt to the customer by e-mail or telephone to the customer’s e-mail address or telephone number specified in the contact information of the order.
The provider is always entitled, depending on the nature of the order, to ask the customer for additional confirmation of the order (for example, in writing, by telephone or by e-mail).
The contractual relationship between the provider and the customer arises from the delivery of the order, which is communicated to the customer by phone (to the phone number specified in the order) or by e-mail (to the customer’s e-mail address specified in the order).
By placing an order, the customer confirms that he has read the GTC, the conditions of the ordered service and that he agrees with them in the version valid and effective at the time of sending the order. The customer acknowledges that the seller is not obligated to enter into a contract, especially with persons who have previously materially breached the contract (including the terms and conditions).
By entering into the contract, the customer agrees to the use of distance communication. The costs incurred by the customer in the use of distance communication in connection with contract (costs of internet connection, costs of telephone calls) shall be borne by the customer.
3. Cost of services and payment terms
The customer can pay the cost of the service according to the contract to the provider in the following ways:
- cashless transfer to the provider’s account No. 1002513146/2700, kept with UniCredit Bank Czech Republic, a. s. (hereinafter referred to as the “provider’s account”),
- in the mobile application via ApplePay
- in cash upon delivery to the address indicated by customer in the order,
- through a voucher (složenka)
- in cash at the provider’s premises at Zábrdovická 2, 615 00, Brno.
In the case of payment in cash or in the case of payment upon delivery, the price of the service is payable upon receipt of cash. In the case of non-cash payment, the price of the service is payable within 7 days of entering into the contract.
In the case of non-cash payment, the customer is obligated to include the variable symbol with his payment. In the case of non-cash payment, the customer’s obligation to pay the price of the service is fulfilled when the relevant amount is credited to the provider’s account.
The provider is a payer of value added tax. Based on the contract, the provider issues an invoice to the customer. The invoice is issued by the provider to the customer after payment of the price of the service and is sent in electronic form to the customer’s electronic address or in paper form to the customer’s address through the postal service provider.
4. Withdrawal from the contract
The customer has the right to withdraw from the contract at any time during the monitoring – in writing, electronically or by telephone. The provider is entitled to reimbursement of the corresponding part of the costs (postage, electrodes, data transmissions).
The provider has the right to withdraw from the contract at any time in case of customer’s non-compliance with the contract conditions.
5. Transport and delivery of monitoring equipment
The method of delivery of goods is determined by the provider, unless otherwise stipulated in the contract. In the event that for reasons on the part of the customer it is necessary to deliver the monitoring equipment (hereinafter referred to as the “package”) repeatedly or in another way than specified in the contract, the customer is obligated to pay the costs associated with repeated delivery of the package, resp. costs associated with another method of delivery.
Upon receipt of the package from the Czech Post (hereinafter referred to as the “carrier”), the customer is obligated to check the integrity of the package and in case of any defects immediately notify the carrier. In the case of finding a breach of the packaging indicating unauthorized entry into the package, the customer does not have to accept the package from the carrier. By signing the delivery note, the customer confirms that the packaging has not been damaged. Additional rights and obligations of the parties when transporting packages may be regulated by the provider’s special delivery conditions, if issued by the provider
6. Other rights and obligations of the contracting parties
The provider is responsible to the customer for the fact that the provided monitoring equipment is in accordance with the contract, in particular that it is free of defects. In the event that the monitoring equipment is not in accordance with the contract upon acceptance by the customer, the customer has the right to have the provider return the item to the condition corresponding to the contract free of charge and without undue delay, either by replacing the item or by repairing it.
The customer acknowledges that from the moment of accepting the package until the moment of its return to the carrier at the end of the monitoring period, he assumes material responsibility for the package. In the event of loss or damage to the monitoring equipment, the customer undertakes to compensate the provider for the damage incurred.
The customer acknowledges that the software and other components that make up the portal’s web interface (including photos) are protected by copyright. The customer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the portal.
The customer is not entitled to use mechanisms, software or other procedures when using the web portal, which could have a negative effect on the operation of the web interface of the portal. The web interface of the portal may be used only to the extent that is not to the detriment of the rights of the provider’s other customers and which is in accordance with its purpose.
The customer acknowledges that the seller is not liable for errors caused by third party interventions to the website or as a result of using the website contrary to its purpose.
The customer acknowledges that the provider is not responsible for the course of treatment and any health complications arising during monitoring. The services provided are not intended for monitoring patients with an increased risk of serious health complications (eg sudden death, heart attack). The response time to a transmitted record with a potentially serious finding is not guaranteed.
The provider is not responsible for health complications caused by the use of the device (eg skin reactions to the electrodes).
The provider is not liable for damages caused by using the device.
7. Protection of personal data
Personal data provided voluntarily by the customer to the provider in order to fulfill the order are collected, processed and stored in accordance with applicable laws of the Czech Republic, in particular with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/E , as amended and in force. The customer confirms that the personal data provided is accurate.
8. Final provisions
These General Terms and Conditions are valid and effective from 1 January, 2013 and cancel the previous GTC version. The provider reserves the right to change the GTCs without prior notice.