ClinicalContract
CORPORATEMEMBERSHIP
AGREEMENT
ThisCorporate
Membership Agreement (“Agreement”) has been signed by CALLHEALERINTERNATIONAL
HEALTH TURİZM LTD ŞTİ, located at SUİT E2719, 82A JAMES CARTERROAD,
MİLDENHALL,SUFFOLK, ENGLAND, IP28 7DE. (“CALLHEALER”) and the HealthInstitution
(“Health Institution”) on the signature page on the other side andthe Tourism
Agency (“Tourism Agency”) have been concluded and entered intoforce within the
framework of the specified conditions. forward below. şt r.CALLHEALER and the
Healthcare Institution will be referred to individually as'Party' and together
as 'Parties'. In addition, all transactions made on behalfof CALLHEALER at
every point of this agreement are OPSİS YAZILIM LTD. ŞTİ. Thecompany is
authorized.
The
annexesof this Agreement and all written processes, explanations and all
otheradditional documents regarding the use of CALLHEALER services offered on
thePlatform shall be an integral part of the Agreement. Request; The
HealthOrganization wants to become a member of the platform managed by
CALLHEALER andmake sales through this platform, and CALLHEALER wants to enable
the HealthOrganization to benefit from the services of its electronic commerce
platformin return for the commission it pays. .
Within
theframework of these matters and commercial relations, the Parties have agreed
onthe conditions specified in this Agreement.
1.DEFINITIONS
Platform:www.callhealer.uk
and all related value areas, where all intellectual andindustrial rights belong
to CALLHEALER in accordance with the Property andIndustrial Property Law No.
6769 and the Law on Intellectual and Artistic WorksNo. 5846, and where the
'Services' determined by this Agreement are offered. Itmeans that it provides a
special virtual page where the existing websites andmobile application and the
Health Institution can perform the necessarytransactions to benefit from the
applications and Services offered on thePlatform, see the requested
company/personal information, follow the salestransaction details.
Service(s):Offered
by CALLHEALER on the Platform in order for the Health Institution topublish and
sell its health services; It refers to all practices such aspublishing
advertisements, sales intermediation/marketing and similar practices.
Buyer(s):
Itrefers to the real persons who purchase the health services provided by
theHealth Institution on the Platform.
HealthInstitution:
Refers to the legal or real person that provides health servicesthrough the
advertisements published through the account created on theplatform.
TourismAgency:
It refers to the legal or real person who offers flight tickets,hotels,
transfers and tour organizations through the advertisements publishedthrough
the account created on the platform.
1.15.
TheHealth Institution and Tourism Agency are bound by all announcements
andcontent published on the Platform and will be responsible for all
commitmentsarising from them. CALLHEALER, the Health Institution and the
Tourism Agency,due to the fact that their activities do not comply with the
terms of thisAgreement and the rules and conditions declared on the Platform,
constitute aviolation of the legislation, pose a risk in terms of legal,
technical andespecially information security, and prejudice the personal and commercialrights
of third parties, the Health Institution and without any prior notice tothe
Tourism Agency, may temporarily or permanently stop the publication of
theadvertisements, suspend or terminate the membership, and unilaterally
terminatethis Agreement without compensation, and terminate the service sales
of theHealth Institution and the Tourism Agency. The Health Institution and
theTourism Agency accept, declare and undertake not to demand any fee or
othercompensation from CALLHEALER in such a case. In case of non-compliance
with theprovision of this article, CALLHEALER reserves the right to terminate
theAgreement immediately without any notice.
1.16.
TheHealth Institution and the Tourism Agency accept and declare that they are
aparty to the distance sales contracts to be concluded with the Buyers for
salesto be made through the Platform, that CALLHEALER is not a party to
theprovisions of this distance sales contract, and that it is
personallyresponsible towards the Buyers in every sense within the scope of
theapplicable consumer law legislation and other legislation. It does.
Inaddition, the Health Institution will be personally responsible for the
qualityof all services displayed and sold on the Platform, their compliance
with thelegislation and the provision of other services required after the
service. TheHealth Institution will be directly responsible for any damages
that may arisein case of non-compliance with the provision of this article. The
Health Institutionand the Tourism Agency must respond to the Buyers' requests
as soon aspossible.
1.17.
If themembership of the Health Institution and Tourism Agency is suspended
byCALLHEALER for any reason, or if it is removed from membership and
blacklistedso that it will not be included in CALLHEALER platforms again, the
HealthInstitution and Tourism Agency cannot become a member of the Platform
withanother user account.
1.18.
HealthInstitution, Tax Procedure Law No. 213 and Value Added Tax No. 3065 It
is obliged to issue an invoice orself-employment receipt for the services
provided in accordance with the Law.Health Institution; To fully fulfill the
obligations arising from otherlegislation, especially the Law on Consumer
Protection No. 6502, and also tocompensate CALLHEALER for damages and expenses
(including court costs, fines,taxes, duties, fees) due to the Health
Institution's failure to fulfill theseobligations properly. accepts, declares
and undertakes to pay all kinds ofexpenses (including but not limited to these)
in cash and in lump sum.
1.19.
TheTourism Agency undertakes to fully fulfill its obligations arising from
otherlegislation, especially the Law on Consumer Protection No. 6502, as well
as thedamages and expenses (court costs, fines, taxes, duties, etc.) incurred
byCALLHEALER due to the Tourism Agency's failure to fulfill these
obligationsproperly. accepts, declares and undertakes to pay all expenses
(including butnot limited to fees) in cash and in lump sum.
1.20.
Changesin matters such as the details of the Services to be offered from the
Platformand the campaigns implemented by CALLHEALER, the duration of the
services andtechnical specifications may be changed by CALLHEALER at any time.
However,CALLHEALER cannot change the price and fee information without an
agreement tothe contrary by the Parties.
1.21.
HealthInstitution and Tourism Agency, Law No. 5464 on Bank Cards and Credit
Cards,Law No. 5651 on the Regulation of Publications Made on the Internet and
CombatingCrimes Committed through These Publications, Law No. 6493 on Payment
andSecurities Settlement Systems, Payment Services and Electronic
MoneyInstitutions. It will act in accordance with the Law on Protection
ofConsumers, the Law on Consumer Protection No. 6502, the Law on the
Regulationof Electronic Commerce No. 6563, the Law on the Protection of
Personal Data No.6698 and the relevant regulations of these laws, and will
comply with theregulations and narrow decisions regarding services that are
prohibited orsubject to conditions to be provided in the electronic commerce environment.irrevocably
accepts, declares and undertakes to act appropriately.
1.22.
TheHealth Institution and Tourism Agency shall be responsible for all
marketingand sales activities within the scope of the Agreement of all the
brands itoffers for sale on the Platform and/or for which it owns and/or has
rights,without any limitation in any media, number of prints and/or copies
andduration, in any way additional to this agreement. It accepts, declares
andundertakes that it consents to the use of these trademarks by
CALLHEALERwithout any additional fee, and that CALLHEALER's use of these
trademarks doesnot violate the trademark owner's rights, especially the
Industrial PropertyLaw No. 6769, on the aforementioned trademarks and their
use.
1.23.
TheHealth Institution and the Tourism Agency have the right to demand
compensationfor any damages suffered by CALLHEALER in case they fail to fully
and/or at allfulfill any of their obligations in this Agreement and/or its
annexes.CALLHEALER will be able to offset these costs from any receivables of
theHealth Institution.
FINANCIALPROVISIONS
1.24.
TheHealth Institution and the Tourism Agency acknowledge that, with
thisAgreement, CALLHEALER has been authorized to collect service fees from
theBuyers for the sales made with the authority to represent itself, and that
bymaking these service fee payments to CALLHEALER, the Buyers are relieved
oftheir payment obligations, and that they will not be obliged to make
anypayment. , declares, accepts and undertakes.
1.25.
Theservice fee will be collected from the Buyer by CALLHEALER on behalf of
theHealth Institution and Tourism Agency at the time of purchase, and the
HealthInstitution and Tourism Agency will pay the service fee in return for the
salestransaction to be made from the Platform, subject to the full and proper
fulfillmentof the acts specified in this Agreement and the commitments
regarding theservice sold. will qualify. In line with these rights gained, the
member willbe invoiced by CALLHEALER for all packages purchased, both in full
andseparately.
1.25.1.
Ifthe health institutions and tourism agencies issue an invoice to the
CALLHEALERcompany, their earned progress payments will be transferred to the
bankaccounts they have entered into the system within 15 business days
(fifteendays). All expenses related to this transfer will be deducted from the
accountsof the HEALTH INSTITUTIONS and TOURISM AGENCIES providing the service
and thetransfer will be made.
1.26.
TheHealth Institution and Tourism Agency accept and undertake to pay the
AnnualMembership Fee announced by CALLHEALER on the Platform in return for
becoming amember of the CALLHEALER system. However, the Health Institution can
makeAnnual Membership Fee payments to Afghanistan, Burundi, Central AfricanRepublic,
Chad, Republic of Congo, Crimea, Cuba, Democratic Republic of Congo,Eritrea,
Iraq, Iran, Libya, North Korea, Somalia, South Sudan, Sudan, Syria, Itaccepts
and declares that it will not conduct transactions through banks andfinancial
institutions belonging to Venezuela and Yemen.
1.27.
HealthInstitution, CALLHEALER to Buyers Anintermediary service fee of 25%
(25 percent) will be deducted from the price ofany service provided through.
CALLHEALER has the right to offset the ServiceCommission fee from any
receivables of the Health Institution.
1.28.
TheTourism Agency will add an intermediary service to the service fees related
toFlight Tickets, Accommodation, Transfers and Tour Organizations offered to
theBuyers through CALLHEALER, at the rate it will determine according to
marketconditions, and make a deduction from the member making the
purchase.CALLHEALER has the right to offset Service Commission fees from any
receivablesof the Tourism Agency.
1.29.
TheHealth Institution and Tourism Agency are directly responsible for the costs
ofall services provided through CALLHEALER.
1.30.
TheHealth Institution and the Tourism Agency are obliged to provide the service
tothe Buyer within the promised time and manner, except in cases of force
majeureand unless otherwise stated. In case the Health Institution and Tourism
Agencyfail to provide service, a penalty corresponding to 100% of the cost of
theservice that cannot be provided will be paid to CALLHEALER. CALLHEALER has
theright to offset the penalty clause determined by this article from
anyreceivables of the Health Institution.
1.31.Following
the complete and duly provision of the purchased service package tothe Buyer,
it will be paid by CALLHEALER to the Health Institution and TourismAgency on
the first payment day of CALLHEALER following the due date announcedon the
Platform. CALLHEALER has the right to process the invoices it will issueinto
the current account of the Health Institution and Tourism Agency and toclear
the current debt balance.
1.32.CALLHEALER
is not responsible for service interruptions made by banks andpayment
institutions from the Health Institution and Tourism Agency.
1.33.
If theHealth Institution and Tourism Agency are indebted to CALLHEALER in the
currentaccount for any reason, CALLHEALER has the authority to first offset
thereceivables of the Health Institution and Tourism Agency arising from
thisAgreement against its other debts. If the current account of the
HealthInstitution and Tourism Agency turns into a debt balance with CALLHEALER,
CALLHEALERwill pay the receivable to CALLHEALER's bank account specified below
within 7(seven) days from the date of notification to the Health Institution
andTourism Agency.
1.34.
Annualmembership, service commission and penalty clause amounts will be
invoiced byCALLHEALER to the Health Institution and Tourism Agency.
1.35.
If theoffer made by the health institution is approved by the member and the
paymentis made, 10% of the payment will be paid to the health institution as
apreliminary down payment. The remaining payment will start the process
ofreceiving the final payment by pressing the 'discharge' button on the
memberuser panel and entering the confirmation code sent to the patient into
thesystem when the healthcare institution discharges the patient. It will
bedeemed to be accepted by the health institution upon approval of the
contractstating that all payments will be deposited to the account specified by
thehealth institution a maximum of 15 days after discharge. The health institutionwill
be deemed to have accepted this service fee by issuing the invoice in
thepatient's name and approving this contract.
1.36.
Themember can cancel the health service he/she has purchased. However, the
healthinstitution will not refund the 10% down payment paid to the health
institutionfor the health offer approved by the member on behalf of the member.
5.
CONTRACTCHANGES
CALLHEALERmay
change any article of this Agreement by announcing it on the Platform.
Thechanged provisions of this Agreement will become valid on the date they
areannounced, and the remaining provisions will remain in force and continue
toproduce their provisions and results. However, if it does not accept
thesechanges, the Health Institution has the right to terminate this
Agreementwithout paying any compensation, provided that it gives 15 (fifteen)
dayswritten notice.
6.PRIVACY
1.37.
Allkinds of property tables, reports, financial and legal information,
trademark,membership information, trade secret or other information subject to
legalprotection or not, belonging to the Parties, all written and/or
verbalinformation that the parties and their employees may learn during
thecommercial relationship in question. commercial, commodity,
technicalinformation, customer and market information and other information and
data areconsidered 'Confidential Information'. Information that is within the
knowledgeof the general public through legal and legal means without violating
thisAgreement and that the parties have clearly stated in writing to
benon-confidential will not be considered Confidential Information. The
partiesmay disclose this information pursuant to an applicable law or other
regulationor a court decision or narrow order. In this case, they will inform
each otherabout this issue immediately and in any case within 2 (two) business
days. Theparties undertake not to share any information and data that can be
consideredwithin the scope of this article, directly/indirectly, with third
parties underany circumstances and not to use them for purposes other than the
purposes ofthe commercial relationship. 1.38.Parties are obliged to warn
their employees and consultants about theconfidentiality of the information if
they provide this information to theiremployees and consultants in cases of
necessity and undoubtedly due to itsnature. Otherwise, the Parties accept and
undertake in advance, irrevocably,that they will be directly responsible if
their employees and consultants actcontrary to the obligations of this
Agreement. This article will continue to bevalid between the Parties even after
the Agreement expires.
7.PROTECTIONOF
PERSONAL DATA
1.39.
TheHealth Institution and the Tourism Agency shall be responsible for any
personaldata that it may share/transfer with CALLHEALER in the specified
qualificationand/or provide in accordance with this Agreement, all
actions/processesregarding the processing of personal data in the field of
personal dataprotection, which will always come into force with the relevant
laws andregulations in force. It accepts, declares and undertakes that it will
complywith all kinds of legislation and changes to be made in these
legislations.
1.40.
Inaddition to the obligation to comply with the legislation, regarding
anypersonal data that the Health Institution and Tourism Agency may provide
onbehalf of CALLHEALER in any way, including obtaining, recording, storing
andpreserving:
a)
To act inaccordance with the provisions of the applicable legislation and
allinstructions of CALLHEALER in the field of processing and/or transfer of
allkinds of personal data, not to use it for any purpose other than the
purposespecified by CALLHEALER, and to delete the data immediately if the
purpose iseliminated,
b)
In casepersonal data is transferred to third parties in any way, it will ensure
thatthe obligations in accordance with this Article 7 are held equally by
thirdparties,
c)
Toimmediately inform CALLHEALER about any request or issue that may
concernCALLHEALER's interests regarding the processing and/or transfer of
personaldata, and to provide CALLHEALER with documentation, information and all
otherkinds of support when necessary, and to cooperate fully with
CALLHEALER,Without such information, not to take any action unless written
approval or anywritten instruction is given by CALLHEALER regarding any
request, subject toobligations arising from the legislation,
d)
Withoutprejudice to other obligations in this Agreement and its annexes, we
agree totake all necessary technical and administrative measures to ensure
theappropriate level of security in order to prevent unlawful processing
ofpersonal data, to prevent unlawful access to personal data, and to ensure
thepreservation of personal data. , declares and undertakes. This article
willremain in force even if the Agreement is terminated for any reason.
8.
FORCEMAJEURE
In
all caseslegally considered force majeure, the Parties will not be liable for
late orincomplete performance or non-performance of any of their acts specified
inthis Agreement. In cases of force majeure; Delay, incomplete
performance,non-performance will not be considered as default or compensation
will not berequested from the other Party under any name for these situations.
The termforce majeure; and beyond the reasonable control of the Parties,
including butnot limited to natural disasters, war, strikes, cyber attacks,
communicationproblems, infrastructure and internet failures, system-related
improvement orrenewal works and malfunctions that may occur due to this, power
outages andbad weather conditions. will be interpreted as inevitable events
that cannot beprevented despite due care.
9.
DURATIONAND TERMINATION OF THE AGREEMENT
The
Partieshave the right to terminate this Agreement without justification
andcompensation at any time, provided that they give 1 (one) month written
noticeof termination. In the event of termination of the Agreement,
theconfidentiality and intellectual property provisions in this Agreement
willremain binding.
TRANSFERPROHIBITION
The
HealthInstitution and Tourism Agency cannot transfer or assign their
rights,interests or obligations arising from this Agreement to third parties in
anyway without the written permission of CALLHEALER. Any assignment or
transferwithout the written consent of CALLHEALER will be invalid.
APPLICABLELAW
AND COMPETENT COURT
English
Lawwill prevail in the interpretation and implementation of this Agreement.
ADANACourts are authorized in case of any dispute that may arise from
thisAgreement.
VALIDITY
OFRECORDS
The
HealthInstitution and Tourism Agency accept, declare and undertake that in case
ofdisputes that may arise from this Agreement, CALLHEALER's official books
andcommercial records, as well as the electronic information and computer
recordskept in its database and servers, will constitute binding, definitive
andexclusive evidence and that this article is an integral part of the
agreement.It does.
INTEGRITY
ThisAgreement
together with its annexes constitutes a whole; any provision of theAgreement or
any clause contained in the Agreement. The invalidity, illegality
andunenforceability of the article will not affect the validity and validity
ofthe other provisions of the Agreement.
10.
TRANSFERPROHIBITION
The
HealthInstitution and Tourism Agency cannot transfer or assign their
rights,interests or obligations arising from this Agreement to third parties in
anyway without the written permission of CALLHEALER. Any assignment or
transferwithout the written consent of CALLHEALER will be invalid.
11.APPLICABLE
LAW AND COMPETENT COURT
English
Lawwill prevail in the interpretation and implementation of this Agreement.
AdanaCourts have jurisdiction over any disputes that may arise from this
Agreement.
12.
VALIDITYOF RECORDS
The
HealthInstitution and the Tourism Agency accept, declare and undertake that in
caseof disputes that may arise from this Agreement, CALLHEALER's official books
andcommercial records, as well as the electronic information and computer
recordskept in its database and servers, will constitute binding, definitive
andexclusive evidence and that this article is a part of the agreement. It
does.
13.INTEGRITY
ThisAgreement,
together with its annexes, constitutes a whole; The invalidity,illegality or
unenforceability of any provision of the Agreement or anyparagraph contained in
the Agreement will not affect the force and validity ofthe remaining provisions
of the Agreement.
14.NOTIFICATION
The
HealthInstitution and Tourism Agency and CALLHEALER will communicate through
thee-mail/registered e-mail address provided by the Health Institution and
TourismAgency when becoming a member of the Platform or by judicial registered
mail totheir physical mail addresses. Without prejudice to the mandatory
casesspecified in the law, sending an e-mail to the address registered on
thePlatform will be considered as written communication and the
HealthInstitution, Health Institution and Tourism Agency will be obliged to
keep thee-mail/registered e-mail address regularly updated. will have.
15.STAMP
TAX
Stamp
Dutyand all other taxes and duties arising from or arising from this Agreement
willbe borne half and half by the Parties.
16.ENFORCEMENT
Thisagreement,
consisting of 16 (sixteen) articles, was read by the Parties andsigned and/or
electronically approved by the Health Institution and TourismAgency, and
entered into force on the date of approval. Annexes form anintegral part of
this agreement.
RequiredDocuments:
A
signed andcertified copy of the contract
signaturecircular
tax
plate
Authorizedperson
information
Contactaddress
Contactemail
address
Departmentsproviding
health services
Clinicalvideo
and pictures
Aboutsection
Certificationdocuments
for your clinic