NEW-SMILE DENT DENTAL SERVICE LTD.
general terms and conditions for providing dental services
This document is the property of NEW-SMILE DENT LTD.!
The service provider: Dr. Susanna Hetey - the owner and the dentist of New-Smile Dent LTD. The service provider has the necessary professional, official and operating licenses for providing the services, as well as medical liability insurance.
The customer: The patient of the New-Smile Dent LTD. Under the conditions set out in these General Terms and Conditions, the customer uses paid dental care from the service provider who is not obligated to provide any care. The General Terms and Conditions apply to the creation and performance of all contracts for the provision of dental and dental technology services entered into by the parties before and after their signature, as well as to the enforcement of claims arising from individual special contracts. In the case of minors or persons with limited capacity to act, the signature and consent of their legal representative is required.
1. Terms of the contract
1.1 In addition to complying with the legal and professional regulations governing the activity, the service provider performs the service undertaken according to the contract by using dentists and subcontractors with appropriate expertise and qualifications. At pre-arranged appointments, she provides the necessary dental technology and materials, and human resources too. The customer accepts the fact that time slips may occur in the specified dental appointments, which is reflected in the lengthening of the waiting time.
1.2 The contract is valid before the first consultation, when the customer signs the 'patient questionnaire on health status', or before the patient starts the treatment under the conditions included in the individual price offer. By signing the 'patient questionnaire on health status', the customer also accept and understand the fees (founded on the clinic's website under the price list) and the General Terms and Conditions.
1.3 By signing the contract, the contracting parties agree that the service provider will may use subcontractors to perform the ordered services - especially for dental care, dental technology activities, other special medical interventions, medical treatments, or other services requested by the customer. The subcontractors undertake the performance of the services at their own risk. The service provider assumes no responsibility for possible delayed performance by subcontractors.
1.4 The customer's other instructions, which are different from the terms of the contract are only valid, if they have been confirmed in writing by the service provider.
2. The consideration for the service
2.1 The service provider informs the customers about the fees of the services with a price list posted on the service provider's own website. In all cases, the fees include the cost of materials too. However, the prices listed in the price list on the website are for information purposes only. The service provider has the right to change them or deviate from them at any time.
2.2 The specific fees of the treatments performed according to the contract are recorded in the price offer and will invoiced at the end of the treatments.
2.3 If the service does not include any dental work, or if the service provider so stipulates, the fee for the occasionally performed treatment can be paid on the day of the treatment.
2.4 In the case of dental technical work services, the amount specified in the price offer accepted by the customer must be paid as an advance on the day when the treatment begins. The remaining part has to be paid when the material is installed, or in case of individual agreement otherwise.
2.5 Based on the contract, the price offer is only valid for 30 days. After that, the service provider has the right to change the prices. Independently of this, the fees specified in the contract can be changed until the end of the treatment because of e.g. unforeseen interventions and healing activities. If the patient accepts the price offer with his/her signature, within the appropriate time (30 days), the prices included in it are valid only within 3 months from the date of the signature. If the patient starts the treatment after 3 months because of own willings, the interventions will be invoiced continuously at the current prices at that time. In the case of treatments started after 3 months, the dispensary therefore reserves the right to change the price. By a possible price change, the clinic without modifying the treatment plan will inform the patients of the current prices in terms of an updated price quote.
2.6 By signing the invoice, the customer confirms the performance of the service provider and receipt of the invoice.
3. Start of treatments
3.1 In all cases, a panoramic X-ray or CBCT is taken to assess the condition and prepare a price quote. (Some illnesses or pregnancy can be an exclusionary reason, which precludes recording.)
3.2 The condition assessment and the price offer do not oblige the patient to do anything until he/she accepts the price offer with his/her signature. The service provider only take the X-ray or CBCT images in order to make a more accurate diagnosis, so only for itself. That is why the service provider is not obliged to release the created panorama or CBCT recording to the customer. The New Smile Dent Kft. does not prepare panoramic or CBCT images for external use, for other dental providers, and does not accept panoramic or CBCT images made by another dental provider - brought by the customer.
3.3 In case of incomplete or delayed data provision by the customer, the service provider - at its option - becomes entitled to withdraw from the contract or modify the treatment plan.
4. Rights and obligations
4.1 The 'declaration of consent and agreement for dental treatment' signed by the parties does not exclude the possibility that during the treatment, the customer (at his/her own risk) can interrupt (continuation at a later date) or refuse the treatment. In this case, the client is only obliged to pay the commission fee for the treatment and dental work that he/she used until the notice of termination. At the same time, the service provider reserves the right to unilaterally interrupt the treatment at any time without any obligation to pay compensation or compensation, if the customer's health or mental condition prevents the treatment, or if the customer behaves in an unacceptable manner with the service provider or its employees, or if the customer's debt has expired stands up against the service provider. In this case, all of the customer's predetermined dental appointments will be cancelled. An invoice will be drawn up for the treatments completed up to that point, which the customer is obliged to pay, but point 5.1 will come into force.
4.2 The customer can cancel his/her appointment free of charge no later than 10 working days before the day of the treatment, only in writing (by sending an e-mail). If the customer make the cancellation late or not at all, he or she is obliged to pay a cancellation fee (penalty), which states in the price offer.
5. Payment terms
5.1 The invoices contain the method of fulfilling the payment obligation (cash, transfer) and its deadline. The parties agree that in case of delayed payment, the rate of late interest is twice the central bank's base interest rate.
5.2 If the customer wishes to have the treatment with the financing of an insurance company or health fund, he/she must indicate it before the invoice would be prepared. The service provider can make the invoice only for thoose insurance companies or health funds which have a contract with it.
6. Data protection
6.1 The customer agrees, that the service provider will treat and record the health data provided by the customer and recorded about the customer during the care, the panoramic X-ray/CBCT records, personal identification data in accordance with the applicable laws, and other data as business secrets. The patient also contributes to the fact that the service provider uses the exclusively medical data and experiences of the medical treatments for scientific and research purposes. Other regulations related to panoramic X-ray and CBCT records can be understood according to terms in 3.2.
6.2 The customer acknowledges that the signed anamnesis sheet attached to the contract, which contains all the information about the patient's health care is necessary for choosing the content of dental services and medical treatments, and therefore declares that the data provided is complete. The customer is obliged to inform the service provider of any changes that occurred during the treatments.
6.3 The customer acknowledges and does not find it a problem, that for security reasons, audio and video records may be made in the service provider's offices. Theese records and its contents only be given to the police or other legal authorities if it is necessary.
6.4 The customer agrees to record his/her contact information in the service provider's database in order to the service provider can inform him/her by e-mail or SMS. The service provider undertakes not to disclose this data of the customer to a third person.
6.5 The service provider posts the information of the patient's rights in the clinic.
7. Content of the contract
If the contract does not contain anything else, the parties enter into it for an indefinite period of time. During it, the materials, and mediated services will be ordered and performed according to the terms of this contract.
The long-term success of the treatments can only be ensured with proper oral hygiene. The warranty applies only for material defects. No guarantee can be given for the dental treatment itself, because no guarantee can be given for the biological reaction of an organism and the resulting possible further intervention. Additional treatments are therefore payable separately and the price calculation does not include them.
The guarantee is only valid if the dentures are used as intended or if other recommendations prescribed by a doctor are followed. Improper use of the dentures and non-observance of medical instructions will automatically cause the lost of warranty in any case.
Furthermore, the guarantee can only be applied within the specified time if the dentition is closed and stable in all four quadrants, or if there are at least six teeth (first molars) in every quadrants.
If the doctor prescribes the wearing of a night bite lifting rail, the patient can only claim the guarantee in the case of any treatment, if he/she brings the bite lifting rail made for him/her and the signs of use (dental marks) are clearly visible on it. In any case, failure to use the bite lifting rail automatically causes the lost of warranty.
8.1. New Smile Dent Kft. is released from its warranty obligation:
- if the Patient does not show up for his/her appointment without cancelling it in time
- if the Patient does not appear for a control examination in every six months
- if the Patient neglects his/her oral hygiene
- if the Patient does not follow the dentist's instructions
- if the Patient receives dental treatment or dental technical work from another service provider after or during the treatment
- if the patient does not properly care for the dentures, such as fixed, partial plate dentures or full plate dentures
- if the gum recedes or the bone degrades
- if the patient smokes
- if root canal treatment is performed, in case of root apex resection
- if the patient suffers a large weight loss or a large degree of weight gain in a short period of time
- if the patient does not use properly the end product of the intervention
- in case of milk teeth
- if the patient needs to take medicines in the future, which negatively affect the state of their own teeth and bones.
- in case of peri-implantitis
- in case of implantation
8.2 Warranty times:
– Aesthetic, light-binding filling: 6 months
– Metal-ceramic replacement: 12 months
– Zircon replacement: 24 months
– Removable full or partial dentures: 12 months
9.1 The customer must notify the service provider immediately and in writing of any quality complaint within the warranty period after he/she noticed it.
9.2 In order to investigate the complaint, the customer is obliged to appear for a control examination, to make the objected denture available to the service provider and to provide all information and data related to the complaint. The parties take notes from the investigation. If the customer's quality complaint is well-founded, the service provider is obliged to declare within 3 working days of the inspection of the objected work whether it can meet the customer's legally asserted repair and replacement requests within another 14 working days.
9.3 Because of any reasons detailed in point 8, the service provider is released from its warranty obligation, or if the complaint cannot be investigated due to the loss of the objected denture or other reasons (e.g. late submission of the complaint), the service provider will not accept the complaint.
9.4 Any complaint from the customer can only be accepted if the customer has attended the prescribed controls. If the customer has not complied with this obligation, his/her right to complain becomes invalid.
9.5 The customer acknowledges and accepts that the dentures which are on implants at the New Smile Implant Center are made in accordance with the unique and strict requirements of the IHDE system. It's guidelines are different from traditional prosthetic guidelines, therefore the customer allowed to contact only a specialized and qualified dental technician and dentist in the future, if he/she does not wish to participate in treatments by the service provider anymore.
10. Control examinations
10.1. In the case of patients/customers who has implant, the mandatory check-up dates are the follows: 1 week, 1 month, 3 month and 6 month after the intervention.
10.2. For patients/customers who has prosthetic work, the mandatory check-up dates are the follows: on the 14th day after the intervention, and every 6 months after that.
10.3. In all other cases, the half-yearly control is valid.
10.4. It is not the service provider's responsibility to arrange the control time, but the patient/customer's own responsibility, so the patient/customer must sign up by the service provider.
11. Documentation with pictures
In the dental praxis, the service provider takes photographs or video records about the patients (before and after pictures, photos aubout the final result) but with the stipulation that the identity of the patients' cannot be recognized under any circumstances. These images/videos are for internal use ONLY. Other interventions, e.g. publication are according to the patients' decision included in the data management consent.
12. Other terms and provisions
12.1 The service provider declares that the person signing the contract is authorized to sign.
12.2 By signing the "Declaration of Consent and Agreement between the Patient and the New-Smile Dent LTD", the customer or the customer's legal representative acknowledges that he/she read and accepted the provisions of these General Terms and Conditions.
12.3 Hungarian law, especially the Civil Code, as well as the provisions of other legislation on health care and health care services, govern matters can regulated in the GTC and in the contract.
12.4 The parties stipulate the exclusive jurisdiction of the Nagykanizsa City Court for the settlement of their legal disputes arising from this contract based on § 41 of the Civil Code.
New-Smile Dent LTD.