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Online Doctor Agreement
REMOTE SERVICE PLATFORM AGREEMENT
DEFINITIONS:
In this agreement;
“Company”: Located at Kurtuluş Mahallesi, Vatan Caddesi, No: 53/9, 26090, Odunpazarı/Eskişehir, owner of the website (www.hastanemyanimda.com) and the applications (iOS and Android mobile applications) Hastanem Yanımda Sağlık Hizmetleri A.Ş.,
“Platform”: The website (www.hastanemyanimda.com) and mobile platforms through which Company services are accessed, including subdomains connected to these platforms,
"Member": Real and/or legal persons who benefit from the services provided on the Platform,
"Expert": The Health Expert (Doctor, Nurse, Psychologist, etc.) who will provide health consulting services to members through the Platform and who has entered their information during login to the Platform,
means.
PARTIES:
The two parties of the agreement, Company and Expert, have accepted their addresses stated above as their notification addresses. Unless address changes are duly notified to the other party, notifications sent to the last notified address shall be deemed to have been made to the relevant party. Additionally, communication may also be established between the email address reported by the Expert during their membership on the Platform and the Company’s address “info@hastanemyanimda.com.” However, if email addresses change, the other party cannot be attributed fault unless this change is communicated to them. The Company and the Expert have agreed on the following matters:
A. SUBJECT
This agreement regulates the provision of health consulting services to members accessing the platform in the capacity of a Health Expert, in accordance with the Turkish Medical Association Law and other relevant Turkish legislation, regarding the access rights provided through the platform related to the Expert's profession and field, within the specified rules below.
B. FEE
The Service Amount to be paid to the Expert is determined as the “Service Fee Subject to Entitlement.” The “Service Fee Subject to Entitlement” refers to the gross fee collected from the patient as a result of the online service provided by the Company.
From the specified consulting gross fee, for an expert who is a health company, 75% (Invoices will be issued to Hastanem Yanımda Sağlık Şirketi A.Ş.) of the entitlement amount, and for an expert who is a taxpayer in the form of a freelance receipt, 65% (Invoices will be issued to Hastanem Yanımda Sağlık Şirketi A.Ş., and withholding tax will be paid by Hastanem Yanımda Sağlık A.Ş.) will be paid.
For the Expert, the Service Fee Subject to Entitlement is accrued from the health consulting appointment made with the patient or client.
Payment Method and Timing: The Service Fee Subject to Entitlement is accrued based on the number of members served by the Expert at the end of the month in which they worked and is paid by the 20th of the following month at the latest.
The Expert cannot transfer or assign their fee to another person.
The Expert is obliged not to disclose the fee received to any third parties.
C. WORKING DAYS and HOURS, WORKING METHOD and INTERRUPTION OF SERVICE DELIVERY
The Expert performs the tasks required by the determined work program during the open appointments specified on the platform.
The Expert logs into the system with the information provided to them and consults with the member on the specified day and time of the online appointment.
No additional fee will be paid for online services provided on Saturdays, Sundays, and other holidays.
D. EXPERT’S OBLIGATIONS
1. The Expert irrevocably accepts, declares, and undertakes not to receive any secret payments from members outside the Company’s fee policy (cash payments, bribe payments, etc.).
2. The Expert will not enter into any other personal interest relationship with any member.
3. The Expert accepts, declares, and undertakes not to perform any actions that do not comply with the medical profession and are unethical.
4. The Expert accepts, declares, and undertakes to comply with moral and ethical behaviors on the platform and not to provide services under the influence of alcohol/drugs or in any situation that reduces their consciousness and ability to work.
5. The Expert is obliged to provide the necessary service and consultation without discrimination, regardless of the technical and scientific nature of health institutions.
6. The Expert accepts, declares, and undertakes to comply with the necessary administrative, medical, and moral measures required for the medical benefit of members. For this reason, they acknowledge that they are responsible for any resulting damages.
7. The Specialist cannot discontinue the member's follow-up without notifying the Company in the event that there is a possibility of negatively affecting the member's health due to discontinuation.
8. The Specialist agrees, declares, and undertakes in advance to comply with all regulations, instructions, and procedures to be published by the Company.
9. The Specialist accepts, declares, and undertakes to fully perform the duties of the Physician and Specialist as specified in Annex-1 of the "Regulation on the Job and Duty Descriptions of Health Professionals and Other Professionals Working in Health Services" issued by the Ministry of Health, dated 22.05.2014 – 29007.
10. The Specialist makes informative statements in the press and on various platforms, within the knowledge of the Company, and participates in press conferences deemed appropriate by the Company when necessary.
11. The Specialist follows scientific studies and innovations. They develop themselves professionally.
12. During their working hours, the Specialist accepts, declares, and undertakes to fulfill their obligations regarding quality standards and/or accreditation requirements, and other regulations that must be carried out periodically related to their service.
13. The Specialist pays attention to maintaining good dialogue and behavior rules with the member. They monitor member satisfaction. In the meetings they conduct through the platform, they are obliged to exercise maximum care regarding the background, technical facilities, attire, and other matters in accordance with professional and company principles.
14. The Specialist is obliged to fill out and complete the medical records (electronic or written) in the member's files in a timely and complete manner in accordance with Company policy. The Specialist may provide consultancy services for tests and information requested from the patient, except for online consultations, but must inform the Company about the fees and medical information regarding the services provided. Any damages incurred by the Company due to deficiencies in diagnosis and treatment resulting from these shortcomings will be charged back to the Specialist. The Specialist accepts, declares, and undertakes this.
15. The Specialist cannot remove the medical records and information in the member files from the Company under any circumstances, nor can they provide them to third parties. They may use this information for scientific studies or other necessary situations by obtaining written permission from the Company.
16. The Specialist cannot personally request fees from the member, nor can they collect money or similar valuable items. The Specialist accepts, declares, and undertakes this.
17. The Specialist complies with the Company's pricing policy.
18. The Specialist provides free services to some patients when required by legal obligations and/or with Company approval.
19. The Specialist acknowledges and undertakes that their intervention with the member during the execution of their profession makes them personally responsible, and that they will be personally liable for any damages and losses that may occur, and that all legal and criminal responsibilities that may arise will belong to them.
20. If the Company has to make any payment due to damages caused by the Specialist to the members under their follow-up or to third parties in the workplace, the Specialist accepts, declares, and undertakes to repay the payment made by the Company immediately and in a single installment, without the need for any judgment or warning.
21. The Specialist acknowledges, declares, and undertakes that they are personally responsible for any penalties and other sanctions that may arise due to errors in the reports and other documents prepared by them for the relevant institutions and organizations, and that any payments made by the Company will be deducted from payments to be made to them and/or reclaimed from them.
22. According to Article 12 added by Law No. 5947 to the "Law on the Practice of Medicine and Related Professions," the entire insurance premium for the "Mandatory Insurance" to be made will be paid by the Specialist as determined by the Ministry of Health. The Specialist will decide whether or not to arrange for their policy to cover online services. Regarding lawsuits that may be opened against the Company, the Specialist has acknowledged, declared, and undertaken that their liability is not limited to the insurance compensation cap.
23. The Specialist cannot share the user passwords given only to them by the Company with anyone in any way. They will be deemed responsible for all damages, losses, and consequences arising from sharing the passwords given to them with others as if they had used the password themselves. The Specialist agrees, declares, and undertakes to use the passwords to be given to them in accordance with the established principles.
24. If the Specialist does not fulfill the duties assigned by the Company, does not comply with their appointments, and/or makes this a habit, they will be warned in writing by the Company, and in the event of a recurrence of the same negative behavior despite the warning, the contract will be terminated immediately and without notice. The Company reserves the right to claim damages from the Specialist for any losses incurred as a result.
25. The Specialist agrees, declares, and undertakes that they will not make negative comments about the Company and the working environment to either members or third parties, nor will they engage in behavior that may cause harm to the Company in the competitive environment with similar organizations by making comments in the press or public that praise competitors and portray the Company negatively, acknowledging that the opposite would constitute an action requiring compensation.
26. The Specialist declares that they have no membership, aid, or causal connection with any structure that is considered illegal and a criminal organization under the currently applicable Turkish legislation.
27. The Specialist is obliged to notify the Company in writing of any changes in their residence address within 3 days. Otherwise, notifications made to the old address will be considered legal.
E. OBLIGATIONS OF THE COMPANY
The Company prepares the necessary environment for the Specialist to work comfortably and in accordance with medical needs.
The Company establishes the necessary technical infrastructure for the Specialist and the members to communicate.
The Company takes the necessary precautions for the technical security of the Specialist and Members.
Pecuniary Condition
If the Specialist's contract is unilaterally terminated by the Company due to violations of Articles 14, 15, and 16 of this contract, any damages resulting from competition violations will be charged back to the Specialist, and additionally, the Specialist will pay the Company a penalty of 2,000 US Dollars. In this case, all legal rights of the Company regarding competition are reserved.
Privacy
The parties mutually agree and commit that, regarding the subject of this contract, even if it has not yet been done, throughout all processes ongoing and to be continued in the future, they will not disclose any information, including business or trade secrets belonging to each other, which they learned through documents given to each other or disclosed verbally, to any person or institution for competitive purposes, for their own benefit or to benefit a third party, or to harm each other for any reason; otherwise, they can claim damages from each other and may request compensation, with the condition of proving the contrary, by signing this contract.
Interruption
The Company will show the necessary dedication for the uninterrupted continuation of the partnership and will plan the work accordingly. In this context, the Company may enable the Expert to provide services upon the Expert's request during periods when the Expert will be away due to travel, rest, or force majeure. In cases of sudden force majeure, the Company may terminate or suspend its operations.
Protection of Personal Data
Any information obtained by the Expert through the Company, whether about the Company or the Member, is considered personal data.
The obligation to protect all personal data that the Company has committed to the members also applies to the Expert. The Expert cannot violate these provisions in any way.
The Expert provides the Member's name, address, gender, health data, DNA data, sexual orientation and information, blood data, contact information, family information, medical history, photo, video, image, voice, and all other data only for the purpose of keeping it with the Company. The Expert cannot store any personal data obtained in any way. In the case of violation of this provision, all damages incurred by the Company will be charged to the Expert.
In necessary cases, the Company may share the member information obtained from the Expert with third parties, provided that the member's name, gender, place of residence, and other information are anonymized. The obligations and benefits arising from this situation belong to the Company.
The doctor must correctly share their education information, contact information, specialty, and all personal data necessary for providing online services and serving patients with the Company. The doctor has given explicit consent to the Company regarding the sharing of these data.
G. DISPUTE RESOLUTION
In any disputes arising from the interpretation and implementation of this contract, there is an obligation to first apply to mediation. If no reconciliation can be reached, the jurisdiction will be the courts and enforcement offices of Istanbul.
H. TERMINATION OF THE CONTRACT
This contract comes into effect on the date the Expert approves it.
This contract has no duration and can be terminated at any time without compensation notice if the parties mutually agree.
However, within the framework of goodwill and ethical rules, it is necessary for the parties to notify each other 15 days in advance that they will not continue to work and will terminate the contract.
If the Expert violates one or more of their obligations under this contract, the Company will request that this situation be corrected in writing. If the violation is not resolved within the given period and/or the same violation is repeated, the Company may unilaterally and immediately terminate the contract, provided that all claims and compensation rights of the Company are reserved.
The Expert acknowledges, declares, and commits in advance that they will not claim any rights or receivables in the event of termination of the contract by the Company in this manner.
If the Expert violates the provisions D/1-2-3-15-16-17-24-25 of this contract, the Company has the right to terminate unilaterally, and for this reason, the Company has the right to demand all claims and compensation.
This contract can be unilaterally and justifiably terminated in case of non-fulfillment of the obligations written in the contract or non-compliance with professional ethics and rules, provided that this is notified in writing and not corrected. Therefore, in the event of termination due to the fault/violation of the terminating party before the end of the contract, that party cannot make any claims for rights, receivables, compensation, or other requests. The parties acknowledge, declare, and commit that they waive their rights to claims and compensation in this regard.
I. OTHER MATTERS
Address or email changes must be notified to the other party in writing or via email at least 3 days in advance; otherwise, notifications sent to the existing addresses will legally produce all legal consequences of a valid notification. This contract binds the legal and contractual successors of the parties and expresses judgment in their favor and against them.
The non-use of any right contained in this contract does not mean waiver and does not hinder future use.
Any provision of this contract becoming invalid does not affect the validity of the remaining provisions of the contract.
In any dispute related to this contract, the commercial books, log records, and other computer data belonging to the Company are considered definitive evidence. This provision is of the nature of a proof agreement according to Article 193 of the Law No. 6100.
The KVKK Information Text and Cookie Policy are annexed to this contract, and the parties have read, understood, and accepted them.
This contract consists of 5 (five) pages, and the parties accept that it will come into effect as of the date approved by the Expert through the platform.