CONTENT
1). General conditions
2). Some terms and definitions
3). Scope of the contract
4). Ordering services (appointment)
5). Terms and procedure for providing services
6). The cost of services and the order of calculations
7). Delivery of related goods
8). Confirmation from the Customer
9). Ethical provisions of the Psychotherapist
10) Ethical principles of psychotherapy and counseling
11). Liability of the Parties and FORCE MAJOR
12). Settlement of Disputes
13). Performance of the contract
14). The procedure for amending the Agreement
15). Final provisions
1. GENERAL CONDITIONS
1. Party: Mishchenko Maria-Violetta Romanivna, hereinafter referred to as “Psychologist / Psychotherapist”, pursuant to Art. Art. 633, 634, 641, 627, 628, the provisions of Chapter 63 of the Civil Code of Ukraine, the provisions of the CODE OF ETHICS of the Ukrainian Union of Psychotherapists from 1998 (adapted in 2006, supplements made in 2007, 2008, 2012) publicly offers a wide and unlimited number of people individuals) – “Customers” the opportunity to receive defined by this Agreement (hereinafter “Agreement” or “Public Agreement”) consulting services (hereinafter – “Services”), provided offline or via the Internet, including the use of applications- messengers (Telegram, Skype, Zoom, Viber, other and / or social networks).
2. The Customer confirms its agreement with all the terms of this Agreement by accepting it by payment in accordance with the terms of this Public Agreement.
3. The parties agreed that filling in the payment form by the Customer in electronic form with the details of the payment instrument (including CCV2 code) is considered a one-time digital password, which is recognized as an electronic digital signature within the current legislation of Ukraine, including norms of the Law “On e-commerce”.
4. In case of acceptance of the conditions (acceptance) set forth in the Agreement, the Customer undertakes to comply with the terms of this Agreement, its annexes, follow the instructions and recommendations of the Psychologist / Psychotherapist, including those published by the Psychologist / Psychotherapist on their website https : //violettamishchenko-online.com/.
5. The Customer and the Psychologist / Psychotherapist confirm that this Agreement is not a fictitious or fictitious transaction entered into under the influence of pressure or deception.
6. Provision of services under this Agreement is carried out in accordance with the legislation of Ukraine, the place of conclusion of the Agreement is determined by the location of the Psychologist / Psychotherapist.
2. SPECIFIC TERMS AND DEFINITIONS
Psychologist / Psychotherapist – a person defined in paragraph 1. of Section I of this Agreement.
Customer – any natural person (citizen) who has civil capacity and full civil capacity, wishes to receive the Services specified in this Agreement.
Services – within the framework of this Agreement we mean consulting services (consultations) of a Psychologist / Psychotherapist regarding problems, feelings, goals, desires, any issues, the presence of which determines the Customer’s need for the services of a Psychologist / Psychotherapist.
The essence of the services of a Psychologist / Psychotherapist is diagnostics, scientifically based complex treatment of behavioral disorders and / or diseases of psychosocial or psychosomatic origin with the help of psychotherapeutic methods.
The psychotherapeutic process is based on the interaction between one or a group of patients / clients (customers) and a psychologist / psychotherapist in order to promote positive change and further development of personality.
Payment system – in the sense of this Agreement, a payment organization or payment service (Fondy) that provides for the transfer of funds between the payer and the payee (Customer and Psychologist / Psychotherapist).
Privacy, protection and processing of personal data – conditions of work with confidential information and personal data of the Customer, which supplement the terms of this Agreement and which is an integral part of this Agreement – Annex 1 to it.
3. SUBJECT OF THE AGREEMENT
1. Under this Agreement, the Psychologist / Psychotherapist undertakes to provide the Customer with the consulting services provided for in this Agreement for remuneration on the terms and in time.
2. The Customer undertakes to pay for the services of a Psychotherapist in accordance with Section VI of the Agreement.
4. ORDER OF SERVICES (RECORD FOR RECEPTION)
1. Ordering the services of a psychotherapist is carried out in the form of an appointment by filling out a form (E-mail, name, phone number, summary of the problem / question) and on condition of 100% prepayment for services using the payment system operating on the site https: //violettamishchenko-online.com/.
2. Registration for the reception is possible around the clock, but the processing of requests submitted during non-working hours and weekends or holidays is carried out on the first working day and in the order of priority.
5. TERMS AND PROCEDURE FOR PROVIDING SERVICES
1. The Customer provides consultations in accordance with the terms of this Agreement.
2. Counseling services are provided within the following work schedule of the Psychologist / Psychotherapist:
– Psychologist / Psychotherapist working days are: Monday, Tuesday, Wednesday, Thursday and Friday;
– start of work of the Psychologist / Psychotherapist: 09:00 (nine o’clock zero
min.)., end of work: 19:00 (nineteen hours. zero min.). The lunch break lasts from 1 p.m. 00 min up to 14:00;
– list of weekends and holidays: January 1, 2021. New Year; January 7, 2021 Christmas; March 08, 2021 International Women’s Day; May 1, 2021 Labor Day; May 2, 2019 Easter; May 9, 2021 Victory Day; June 20, 2021 Trinity; June 28, 2021 Constitution Day of Ukraine; August 24, 2021 Independence Day of Ukraine; October 14, 2021 Day of Defenders of Ukraine; December 25, 2021. Christmas.
3. The provision of counseling services begins no later than one working day from the date of registration of the Customer for acceptance and payment by the Customer in accordance with Section VI of the Agreement, separately agreed between the Customer and the Psychologist / Psychotherapist and taking into account the working days of the Psychologist / Psychotherapist.
4. Duration of consultation (provision of consulting services) by the Psychologist / Psychotherapist to the Customer:
– 50 minutes within one consultation (unit of consulting services) in case of ordering an individual consultation or individual consultation, incl. offline or online via the Internet;
– 1 hour within the service package “Long-term counseling” (units of counseling services), including offline or online via the Internet.
– 90 minutes within the service package “Working with a specific request” (units of consulting services), including offline or online via the Internet.
– Up to 2 hours within the package of services “Work with financial thinking” (units of consulting services), including offline or online via the Internet.
5. Services are provided by the Psychologist / Psychotherapist to the Customer orally.
6. Psychologist / Psychotherapist provides counseling services in person.
7. When providing services via the Internet, including using messenger applications (Skype, Zoom, Telegram, Viber, other and / or social networks), connecting to the Internet and ensuring the reliability of the connection, data transfer speed, etc., carried out by the Customer independently.
8. Counseling services are considered to be provided by the Psychologist / Psychotherapist to the Customer in full, of proper quality, in accordance with the requirements of the Customer, if within _3_calendars days from the date of payment by the Customer for services the Customer has not stated otherwise.
9. The Customer guarantees that all the information provided by him to the Psychologist / Psychotherapist is reliable, the Customer does not violate the rights of any third parties when providing information to the Psychotherapist.
10. In case of inconsistency / invalidity of any information provided by the Customer to the Psychologist / Psychotherapist, the Customer assumes all related risks and responsibilities.
11. Payment for the ordered consultation means sufficient and complete acquaintance of the Customer with the characteristics of paid consulting services, information on the terms of their provision, expected amounts, all information and information that the Customer needs to make a conscious and informed choice. As well as acquaintance with the content and scope, cost and method of its determination, terms, procedure and characteristics of providing services by a Psychologist / Psychotherapist under this Agreement, with the content of this Agreement in full and in an accessible form.
6. COST OF SERVICES AND CALCULATION PROCEDURE
1. The total amount of this Agreement in the relationship of the Psychologist / Psychotherapist with each individual Customer is defined as the amount in dollars received as remuneration by the Psychologist / Psychotherapist from the relevant Customer for consulting services provided to such Customer under this Agreement.
2. For consulting services the Customer pays the Psychologist / Psychotherapist by 100% prepayment.
3. The parties agree to consider the date of receipt of money at the disposal of the Psychologist / Psychotherapist.
7. DELIVERY OF RELATED GOODS
1. Meditations are delivered to the customer’s email address immediately after payment.
2. Delivery of affirmation cards takes place by Nova Poshta to the branch specified by the Customer upon payment. Delivery of affirmation cards is free.
8. CONFIRMATION FROM THE CUSTOMER
1. The Customer, accepting this Agreement, confirms the following:
– is a capable person, in respect of which the court has not initiated a case of recognition of incapacity or limited capacity;
– at the time of registration or in the case of any other action governed by this Agreement, agrees to the processing of their personal data, in accordance with the purposes specified in this Agreement and its annexes;
– The Customer voluntarily gives his unconditional consent to the processing of the Psychologist / Psychotherapist, any persons involved by the Psychotherapist in connection with the implementation of this Agreement personal, medical other data received from the Customer as a result of legal relations under this Agreement, as well as unconditional consent to history communication of the Customer with the Psychologist / Psychotherapist with the use of any storage devices. Processing includes, but is not limited to, collection, registration, accumulation, storage, adaptation, renewal, use and distribution
(including transmission), destruction of data processed by the Psychologist / Psychotherapist;
– The Customer is aware that consultations received in accordance with the terms of this Agreement may not be regarded as medical care, including the final diagnosis and / or treatment. For medical care and other types of medical care, you must consult a doctor or health care institution.
– will comply with the assurances set out above in this paragraph of the Agreement. These certifications are considered to be repeated each time when providing (receiving by the Customer) services from a Psychologist / Psychotherapist and during the term of this Agreement.
9. ETHICAL PROVISIONS OF A PSYCHOTHERAPIST
1. The psychotherapist conducts practical activities competently and in compliance with ethical requirements. Constantly improves his professional level and personal growth. Monitors scientific advances in psychotherapy, including ethical aspects of psychotherapy.
2. The psychotherapist adheres to the principle of confidentiality with regard to all information received during psychotherapeutic practice and supervision, as well as ensures the observance of confidentiality by support staff in accordance with applicable law.
3. The information provided to the Customer must be objective and true.
4. The activities of psychotherapists are aimed at creating conditions in society that improve, maintain and restore psychological health and generally promote maturity and human development.
5. In the interests of scientific and theoretical development of psychotherapy, as well as the study of its effectiveness, psychotherapists should participate in relevant research projects. Psychotherapeutic research, as well as publications, is a subject that is subject to the provisions of the Code of Ethics and can in no way harm the interests of the patient / client (Customer).
10. ETHICAL PRINCIPLES OF PSYCHOTHERAPY AND COUNSELING:
1. Privilege – the legal right of consumers of medical, psychological and psychotherapeutic services not to provide information about themselves if they are not sure that this information is protected and will not be used in any way. This privilege is enshrined in the Constitution of Ukraine (Article 63) and its violation is prosecuted by law.
2. Reliability – the presence of trust of clients (patients) to the psychotherapist. Trust is a fundamental principle for understanding and addressing professional ethics. The psychotherapist respects and guarantees confidentiality, as a duty to the client’s trust, ensures the observance of confidentiality by support staff.
3. Autonomy – the client’s right to participate in the psychotherapeutic process only on a voluntary basis. To ensure this, the Psychotherapist provides the Customer with clear and detailed information about the services under this Agreement. At the same time, information is provided on the scope and possible duration of psychotherapy.
4. Effectiveness and quality of psychotherapy and counseling – the obligation to contribute to the well-being of the client (patient) as a result of changes that improve his life. The psychotherapist acts only within the framework of high professionalism and competence, professional development and education.
5. Non-harm – obliges the psychotherapist not to abuse the trust of the client (patient) in order to meet their own needs and interests – social, financial, emotional, etc.
6. Complaints about the actions (inaction) of a psychotherapist can be considered by the Ethics Commission of the USP, reference to the Code of Ethics of the Ukrainian Union of Psychotherapists http://www.usp.lviv.ua/?lang=ua&modul=doc&id=etkod
11. LIABILITY OF THE PARTIES and FORCE MAJOR
1. In case of breach of obligations arising from this Agreement (hereinafter referred to as “breach of the Agreement”), the Party shall bear the responsibility specified in this Agreement and (or) the current legislation of Ukraine.
2. If for any reason the Psychologist / Psychotherapist will be held property (material) liability to the Customer or his guardians, relatives, heirs, such liability of the Psychotherapist is limited to the amount of documented damages within the amount of funds received by the Psychotherapist as payment for its services under this Agreement as a result of payments of the relevant Customer.
3. Neither Party shall be liable for full or partial non-performance of any of its obligations if the non-performance is the result of force majeure (earthquake, hurricane, storm, flood; war and military events, destruction due to explosive devices). in the ground, radiation, chemical contamination, epidemics and pandemics, other emergencies and unavoidable under these conditions, including decisions and acts of the authorities, illegal actions of third parties affecting the activities of the Parties to this agreement), which may not be provided by the Parties during the conclusion and implementation of this Agreement or in the event of which it is impossible to take appropriate measures. In this case, the term of fulfillment of obligations specified in this Agreement shall change in accordance with the time of such circumstances and their consequences.
12. DISPUTE RESOLUTION
1. All disputes and disputes must be resolved
to negotiate. In resolving the dispute, the Parties shall be guided by the substantive and procedural law of Ukraine.
2. In case of failure of the Parties to reach an agreement, all disputes and differences shall be resolved in court at the place of performance of this Agreement, in accordance with Part 8 of Art. 28 GIC of Ukraine.
13. EFFECT OF THE AGREEMENT
1. The Agreement with each individual Customer is concluded from the moment of acceptance of this Agreement by the respective Customer.
2. Term of the Agreement – until the moment of withdrawal of the Offer or early termination of the Agreement by the Customer or Psychotherapist in the cases specified by this Agreement or the current legislation of Ukraine.
14. PROCEDURE FOR MAKING CHANGES TO THE AGREEMENT
1. The Psychologist / Psychotherapist reserves the right to make changes to the terms of the Offer and / or withdraw the Offer at any time in its sole discretion.
2. In case the Psychologist / Psychotherapist makes changes to the Offer, such changes shall take effect from the moment of posting the changed text of the Offer on the website https://violettamishchenko-online.com/, unless another term of entry into force is provided for such posting.
3. Any changes and additions to this Agreement from the date of entry into force shall apply to all persons who acceded to the Agreement, including those who acceded to it before the date of entry into force of the amendments.
4. Proposals of Customers and other persons to amend the Agreement are subject to mandatory consideration, but do not guarantee their inclusion in the Agreement.
5. If the Customer does not agree with any terms of this Agreement and / or does not agree to comply with its terms (or the new version of the Agreement), he has no right to enter into a relationship with a Psychologist / Psychotherapist, including ordering and paying for consultations .
15. CONCLUDED PROVISIONS
1. The Parties claim that the conclusion of this Agreement is aimed at the actual occurrence of the legal consequences caused by it; the expression of the will of the Parties is free and corresponds to their inner will and real intentions; this Agreement is not a fictitious and fictitious transaction; The Customer agrees with the prices, the cost specified by the Psychologist / Psychotherapist, with the procedure and conditions of payment for services, the procedure for approval of changes in the terms of the Agreement; The parties claim that they are fluent in the Ukrainian language, which sets out the terms of the Agreement, which gave them the opportunity to read and correctly understand the content of this Agreement.
2. The Customer certifies that prior to the conclusion of this Agreement he received in full in a clear, understandable manner all necessary, accessible, reliable and timely information necessary to make a conscious choice of the Customer and make an informed decision to accept the terms of this Agreement.
3. Assignment of the right of claim and (or) transfer of debt under this Agreement by the Customer to third parties is allowed only with the prior written consent of the Psychologist / Psychotherapist.