These General Hiring Conditions (GHC) regulate the use and the rendering of outpatient healthcare services and/or the coordination, consultancy and management of other similar healthcare services in any modality, by PREV2020, S.L. (“Galeneo”), holder of Company Tax Identification number B-01917970 and with registered offices in Avenida del Ventisquero de la Condesa 16, Local 1, 28035, Madrid, Spain.
Galeneo will act with due diligence in the rendering of its services and will perform, with the utmost dedication and professional expertise, the functions commissioned to it, providing its professional services in accordance with the relevant professional, legal and ethical requirements, pursuant to the highest quality standards, in accordance with the applicable regulations and always pursuing the best benefit for the client and placing the interests of the latter before any other. Galeneo will meet the costs and remunerations of the different material elements and human teams necessary to perform its services (barring medication and/or drugs, which will be paid for by the client and/or patient, and if they are acquired and/or supplied by Galeneo, the cost will be charged to the client, with proof of purchase amount or prices), being fully responsible for any corresponding legal obligations of an occupational, civil, business and tax nature that may correspond to it. Galeneo undertakes to provide the necessary qualified persons to perform the services commissioned to it.
The client and/or patient guarantees to Galeneo that they have, if it is mandatory, the medical prescription for the provision of the healthcare services hired. The client and/or patient should provide Galeneo with any clinical information and/or documentation required of them by it to confirm the existing medical prescription and/or the treatment to be performed, including the Medical or Clinical History. For this purpose, the natural or corporate person who hires the services of Galeneo and signs the Private Hiring Conditions (PHC) and/or the Quotation for the services will be regarded as the client. The patient will be the person who receives the services rendered by Galeneo and/or the person who requires care. In cases in which the client is not also the patient, the former must furnish Galeneo with the patient’s authorisation for the hiring of the services and/or their capacity as legal guardian and/or legal representative. In any event, Galeneo will require the patient’s informed consent and/or consent by representation in the cases provided for in the applicable regulations, as well as the authorisation to access medical or healthcare personal data. Galeneo reserves the right, in cases of medical services requiring a medical prescription, to decide and to inform the prescribing physician of any result, incident, situation and/or need pertaining to the healthcare services provided to the patient. The service hired will include all the services detailed in the Private Hiring Conditions (PHC) and/or the Quotation for the services, and the service will be rendered in the place and during the times established in the aforementioned PHC and/or Quotation. The patient has the duty to provide truthful and accurate data about their physical condition or health, as well as to collaborate for this data to be obtained when needed for the provision of care to them.
Galeneo will have the necessary professionals to perform the service properly at all times. The client and/or patient must facilitate access by galeneo’s professionals to their home and/or to the place designated for the services to be rendered in the scheduled fashion and as agreed to. The impossibility of accessing the patient’s home to provide scheduled healthcare and/or a delay of more than 20 minutes as of the starting time scheduled for the care to be provided will entitle Galeneo to charge for the session and/or care in its entirety, even if it is not ultimately provided. Galeneo will provide the client and/or patient with a contact (telephone number and/or email) for the purpose of administrative coordination and another one for the clinical coordination of the care if it is required. Similarly, the client and/or Patient will designate, in the PHC, a single person empowered to liaise with Galeneo in to the administrative and/or healthcare coordination of the services. Any sessions and timetables agreed to cannot be changed unilaterally by the client and/or the patient, and any such change must be requested through galeneo’s service coordinators at least 24 hours in advance.
The client must fulfil all the hiring terms and conditions and also act according to the law and in good faith at all times. The client must pay Galeneo the remuneration agreed to, as provided for in the PHC and/or in the Quotation of the services.
By way of consideration for the services rendered and the obligations taken on, Galeneo will receive a fixed remuneration from the client according to the terms accepted in the offer (included in the accepted quotation and/or in the PHC). The remuneration will be agreed to mutually by the parties depending on the scope and the nature of the services hired. In each case, remuneration will accrue according to the nature of the services and as agreed to in the PHC and must be settled by the client to Galeneo by means of a deposit into the account expressly designated by Galeneo and/or by a banker’s standing order, as the case may be. Galeneo reserves the right, having first informed the client by email, to suspend the services temporarily in the event of any incident in the collection of payment for the service and/or due to lack of payment until the situation is resolved. Similarly, Galeneo reserves the right to cancel the provision of the services without the client and/or patient being entitled to any compensation whatsoever in the eventualities of repeated non-payment of the services – more than two unsettled invoices and/or, as the case may be, unjustified delays of more than five working days in making the payments agreed to in the PHC and/or in the event of acts of violence, racism, xenophobia or intolerance in all forms against any of the professionals assigned by Galeneo to render the services.
The rendering of the services by Galeneo will last for the initial term agreed to in the PHC and/or in the Quotation for the services. Once the initial term has transpired, it will be renewed (barring cases of services of a sporadic nature expressly agreed to as such in the PHC and/or Quotation) for periods equal to the initial term, unless either of the Parties states their express desire, reported in a reliable manner, not to renew, giving a minimum advance notice of four (4) calendar days before the expiry date of the service agreement or of any of its extensions. The term of the services Contract will be binding upon both Parties. By way of penalty clause, an indemnity is established for cases of failure to observe the effective terms agreed to for the service agreement by either of the parties without justified cause, being equivalent to the amount of the total remuneration agreed for which payment is pending up until the end of the initial term of the service agreement or any of its extensions. Moreover, the services agreement and/or contract and the provision thereof will be suspended temporarily in the event of the patient’s temporary absence from their designated home and/or in certain cases of hospitalisation of the patient in which the services are not rendered. The resolution or termination of the service provision Agreement will in no way jeopardise any right or amount, obligation or responsibility to which the Parties are entitled or are obligated to cover on the date of resolution or termination and/or until the date scheduled for the termination of the contract.
The client and/or patient will refrain, either directly or indirectly, from hiring any of the professionals employed by Galeneo to render the services contracted and/or to pay any type of fees to these professionals. Non-fulfilment of this obligation will constitute special grounds for resolution of the agreement, and both parties expressly agree to establish, for this eventuality, and by way of a penalty clause, indemnity for damages payable by the client to Galeneo equivalent to twice the total amount agreed to by way of fees in the PHC for the entire initial term of the agreement.
Simultaneously to the subscription of the PHC and/or acceptance of the service Quotation, and as a necessary requirement for the contract to become effective and be in force, the client must pay Galeneo, by way of deposit, bond and/or guarantee, the amount equivalent to a percentage of the total Quotation of the services established in the PHC. This percentage will be established on a by-case basis in the PHC and/or Quotation. This amount must be paid by means of a bank transfer into the account designated by Galeneo. This deposit will cover the fulfilment of the obligations taken on by the client and/or patient pursuant to the service provision agreement and will be returned to the client and/or patient on termination of the Agreement, provided that any liabilities established have not occurred and that all the hiring conditions have been observed, with Galeneo being expressly authorised for the unilateral application of the aforementioned deposit. The existence of this deposit/bond may never be used as a pretext to delay payment for the services.
Galeneo assumes no responsibility whatsoever with regard to any personal action by the professionals assigned to provide the services that could affect the financial and/or personal situation of the client and/or patient. Galeneo is not responsible for anything that may be exclusively ascribed to the client and/or patient and/or to the professionals assigned. Galeneo accepts no responsibility whatsoever for possible errors, equipment malfunctions or defective goods installed, monitored and/or maintained by Galeneo to render the services.
No waiver by Galeneo of the exercise of any specific right or legal action or its failure to demand strict performance of any of the obligations by the client and/or patient will be construed as a waiver of any other rights of actions derived from a Contract or from the Conditions and nor will it release the client and/or the patient from fulfilling their obligations. No waiver by Galeneo of any of these GHC or PHC or any of the rights or actions derived from a contract will be effective unless it is expressly established that it is a waiver and that it is formalised and conveyed to the client in writing.
The client and/or the patient will be answerable to Galeneo and will provide it with redress for any damage, impairment, loss and/or misuse of the equipment and materials installed and/or deposited by Galeneo in the patient’s home or the designated place - as stated in the PHC and/or Quotation - to render the services. Similarly, the client and/or patient must assist Galeneo in removing the equipment and materials from the patient’s home on termination of the services agreed to. Galeneo guarantees that the patients’ health data will be kept strictly confidential and that nobody will have access to them without the prior authorisation provided for by the Law. Galeneo will take adequate measures to guarantee the patient’s right to privacy and will implement, as applicable, protocolised rules and procedures that guarantee legal access to the patients’ data.
If any of these conditions were declared null and void by means of an enforceable ruling issued by the competent authority, the remaining clauses will remain in force and will not be affected by the aforementioned declaration of nullity.
The Parties undertake to observe the applicable legislation on Personal Data Protection at all times. In cases in which it is necessary to render the service, the client authorises Galeneo, as the data processor, to subcontract services related to the storage, safe-keeping of backups and security, observing the obligations provided for in the Law on Personal Data Protection and the Guarantee of Digital Rights (LOPDGDD) and its developing regulations at all times. Galeneo informs the user that it has the necessary technical and organisational security measures in place to guarantee the protection of their personal data and to prevent the alteration, loss, unauthorised processing of and/or access to such data, taking into account the state-of-the-art, the nature of the data stored and the risks to which they are exposed, either through human action or the physical or natural environment. Galeneo undertakes to refrain from copying or reproducing the information furnished by the client unless it is necessary for processing. Galeneo will inform the client, without undue delay, of any security breaches of the personal data for which it is responsible and are brought to its attention, together with all the relevant information for documenting and reporting the incident. Such notification will not be necessary when the security breach is unlikely to constitute a risk to the rights and freedoms of natural persons. Following the conclusion of the contractual relationship with the client, Galeneo reserves the right to retain the data of the former client for the time that is necessary to fulfil its legal obligations. During this period, the personal data will remain locked and will not be used for any purpose other than the aforementioned one and will be destroyed once the term established by the applicable legal regulations has expired. To manage the contract and the services and obligations derived from it, the client and/or patient provides their express AUTHORISATION for their personal data and any other personal data that are necessary for the service to be processed by the “PREV2020, S.L.” company (“Galeneo”). The client may exercise their rights of access, rectification, erasure, objection, portability, restriction of processing (art. 13 of the GDPR, and art. 12 of the LOPDGDD) free of charge by contacting PREV2020 S.L., Avenida del Ventisquero de la Condesa 16, Local 1, 28035 de Madrid, either in writing or by email to email@example.com, or else file a claim with the Spanish Data Protection Agency. The client AUTHORISES Galeneo to send it communications and/or additional information about its services and activities not directly related to this commission.
The Parties agree that email will be the preferred medium of communication for the provision of the service, with the client acknowledging and accepting, on its own responsibility, that email can be subject to failures or vulnerabilities, without prejudice to the possibility of using other media. On signing the agreement and/or quotation, the client will designate an email address for the purpose of communication. For questions related to the service, and for administrative purposes, Galeneo provides the following email addresses: firstname.lastname@example.org and/or email@example.com. The use of instant messaging applications is not recommended for communication with Galeneo because confidentially could be compromised. Any use of such applications by the client will be at their own and exclusive responsibility.
Applicable Law and Jurisdiction: For any discrepancies that may arise in relation to the construction, execution or possible non-fulfilment of these Conditions, the parties hereto, waiving their right to their own jurisdiction, and irrespective of the place where any such dispute occurs, expressly agree to abide by the jurisdiction of the Courts and Tribunals of Madrid. In any event, these conditions will be governed by the Spanish legislation.