1. Definitions of Terms

In addition to the definitions described in the contract itself, the terms in the text and the attachments of the contract have the following meanings:

Main Agreement – the agreement signed by the User and the Provider, either by signature or by appropriate payment, in which these General Terms of Business are included in accordance with the provisions of the Main Agreement.

Provider – Agendum d.o.o. from Pazin, VAT number: 81938684858

Main Agreement – the agreement signed by the User and the Provider, either by signature or by appropriate payment, in which these General Terms of Business are included in accordance with the provisions of the Main Agreement.

Dentaverse Platform (the Platform) – refers to the Dentaverse Extranet, dentalpoints.net, Dentaverse API tools, mobile and other applications, and other resources that the Provider offers for use by the User within the business relationship.

Dentaverse Algorithm – refers to a set of tools and rules through which the Provider ensures the equal distribution of General and Targeted inquiries from portal visitors to Users/Clinics.

Portal – the web portal at the domain dentalpoints.net.

Portal Visitor – the visitor or end-user of the dentalpoints.net portal service, i.e., a potential patient.

Presentation Ad – a web page of an individual clinic where static information about the clinic is presented, including working hours.

Targeted Inquiries – inquiries for dental services made by portal visitors (potential patients) to one or more clinics chosen by the portal visitor.

General Inquiries – inquiries for dental services made by portal visitors (potential patients) to the Portal without specifying preferred clinics.

User – a legal or natural person who regularly opens an account on platforms supported by the Provider.

Clinic – a legal entity registered to perform healthcare activities and which the User has registered in the system.

Customer Service – the Provider’s support service that users can contact via the Provider’s official email address or other addresses and tools defined by the Provider.

System – any part (module) of the Dentaverse platform that the User has access to, which is used for interaction between platform users.

Data – all data and information (object information, services, photos, price lists, etc.) that the User directly uploads to the system or provides to the Provider through one of the communication channels (conversation, email, SMS, chat services, etc.).

License (or sublicense) – the non-exclusive right that the User grants to the Provider by signing the contract, in terms of usage, direct and intermediary reproduction, distribution, communication, and transfer of the Data.

The License also includes the right to use, reproduce, intermediary reproduce, distribute, sublicense, display, and utilize (including, without limitation, public performance, modification, adaptation, communication, reproduction, copying, and making available to the public in any way) all data.

Reviews – ratings or descriptive texts by users of the User’s services (patients) who evaluate/describe the quality of the User’s services and facility after receiving services from the User.

Provider’s Obligations and Rights

Article 1.

By signing the Agreement, the Provider commits to:

1. Provide promotion of the User or Clinic on the dentalpoints.net portal according to the model chosen by the User (with contact details, without contact details, etc., in accordance with the Provider’s current market models);
2. Present the clinic’s data in the manner set by the User or Clinic;
3. Ensure equal treatment of all entities that have purchased the same business model on the Portal;
4. Transparently forward inquiries from portal visitors who have selected the Clinic as the entity to which they wish to submit their inquiry through the portal service;
5. Protect the business data of the User and portal visitors that are not publicly available on the Portal or the User’s respective websites as confidential business information; The Provider has the right to verify and validate the User’s data at any time and, if any inconsistencies or inaccuracies are found in the submitted data (prices, other information), may temporarily suspend the publication/presentation of the Clinic on the Portal. The Provider is obligated to notify the User/Clinic in writing. If the User does not correct the inaccurate data or provide appropriate confirmation that the data is correct within 10 days of the Provider’s notice, the Provider has the right to disable further presentation of the Clinic on the Portal;
6. The Provider assumes responsibility for the User’s data presented through the system only if it has independently changed the User’s data without appropriate written confirmation. In the event of damages, the User is obligated to prove such behavior by the Provider in court;
7. GDPR provisions published on the Portal are an integral part of these General Terms of Business;
8. Ensure all services listed in the business model agreed upon in the Main Agreement are provided to the User/Clinic.

Article 2.

Obligations and Rights of the User/Clinic

By signing the agreement, the Service User commits to and confirms the following:

1. That all information about the facility/facilities, clinic, uploaded to the system is true and accurate;
2. That they hold all necessary permits to operate;
3. That they have the rights for the public release and use of all materials (photos, descriptions, etc.) and data that they have uploaded to the system;
4. That they give the Provider the right to request a review from the clinic’s service users (patients) regarding the services received and their stay at the Clinic and to publicly publish this review;
5. That, if the User has selected a model that includes the presentation of service prices, the prices presented on the dentalpoints.net system are accurate, and the final prices will not deviate by more than 5% from the presented prices, except in the following situations: a) The User has approved a discount for the Portal visitor/patient; b) The work performed for the patient differs from the treatment structure used in calculating the price on the portal.
6. To pay the agreed amounts according to the payment schedule issued by the Provider;
7. That they confirm that all issued and possibly unpaid invoices, issued in accordance with the Provider’s valid price list, may be treated as valid documents based on which the Provider has the right to collect payment through appropriate institutions;
8. The system User is obligated to regularly, especially after changes in business data, verify the information presented on the system and promptly notify the Provider in writing about any errors or inconsistencies in the data. If the User has not informed the Provider in writing about inaccuracies in the presentation of their data, the User has no right to initiate any claims for damages;
9. In the case of price increases in business models by the Provider, the User has the right to continue paying and using the agreed services at the price list valid at the time of contracting until the end of the contracted period. In the case of price reductions by the Provider, the User has the right to pay for the use of the contracted services at the reduced prices until the end of the contracted period.

Article 3.

Common Provisions

1. All mutual notifications regarding changes to the agreed terms will be communicated in writing via the email and physical addresses defined in the Main Agreement and these General Terms of Business.
   The official contact address for the Provider is [email protected].
2. The Provider and the User expressly confirm that the User is fully responsible for the data (texts, photographs, etc.) in terms of rights and GDPR regulations, which the Provider publishes on its platform on behalf of the User. By signing the main agreement, the User confirms that they are familiar with all the links through which they can view the data and materials used to present their facility/clinic on the platform (web ad, pages, digital info leaflet, etc.). This provision also applies to other promotional and presentation forms used by the Provider. By signing the main agreement, the User acknowledges that in case of a dispute, they have the right to raise concerns about the rights or accuracy of the presented data only if they have notified the Provider in writing about the issue with the presented data. Such notice must include the date, a precise specification of the problematic data, and the platform or presentation channel through which the data was displayed.
3. The User and the Provider will endeavor to resolve any disputes amicably. Unless otherwise specified in the contract, in case of inability to reach an amicable solution, the User and the Provider agree to the jurisdiction of the competent court based on the Provider’s location.
4. The User and the Provider agree that the Provider assumes responsibility only for delivering inquiries/leads to the User. The logistics of communication with the Portal Visitor / potential patient is entirely the responsibility of the User.
5. All business information exchanged between the parties, which is not publicly available on the Portal or the User’s/Clinic’s website, is considered a business secret and is subject to general terms governing business confidentiality.
6. If the User prefers that the Provider takes over part of the logistics of working with potential patients, the relationship in this regard will be regulated by a separate agreement.

In Pazin, July 17, 2023 / Director: Ladislav Turčinović

Note:

These General Terms of Business are binding for the Provider.
By signing the contract that refers to the corresponding version of the General Terms of Business, the User confirms acceptance of the version specified in the Main Agreement.
The User may store the agreed version of the General Terms of Business in their records in PDF format.