1. These General Terms and Conditions (GTC) of the company MDA – Medical Data Analysis – LTD headquartered at Angel Kanchev Street 8, Plovdiv, Bulgaria, registration number BULSTAT/PIC: 207933851, registered in the commercial register (hereinafter referred to as the “provider”), regulate the mutual rights and obligations of the parties to a contract concluded between the provider and another natural or legal person (hereinafter referred to as the “client”) via the provider’s internet portal. The portal is managed by the provider at the web address www.pro-mda.com through a web interface (hereinafter referred to as the “portal web interface”). 

   The service primarily includes renting a monitoring device, including instructions and necessary accessories, for a period defined in the contract, delivery to the client, evaluation of recordings by a cardiologist, and technical support during the monitoring period. The GTC also govern the rights and obligations of the parties related to the use of the provider’s website at www.pro-mda.com and related legal relations. Provisions that differ from these GTC may be agreed upon in the contract. The provisions of the contract take precedence over those in the GTC. The provisions of the GTC are an integral part of the contract.

   The contract and the GTC are drawn up in Bulgarian. If a translation is provided to the client, the Bulgarian version of the contract will prevail in case of disputes. The provider reserves the right to amend or supplement the GTC. However, such changes do not affect the rights and obligations arising during the validity of previous versions of the GTC.

2. Conclusion of the Contract

The service may be ordered by the following methods:

• Via the portal at www.pro-mda.com using an order form.

• By email at info@pro-mda.com.

• By phone.

The portal web interface contains a list of offered services. The price is determined based on the specific device and monitoring duration and is communicated to the client before dispatching the device. For healthcare providers, individual plans are tailored according to their needs.

To order a service, the client completes the order form on the portal web interface. The order form for patients includes contact information, a description of complaints, the referring physician’s name (if any), the type of device, and the monitoring duration. For physicians, the form includes contact information, type of monitoring, duration, estimated start date, and payment method.

The client submits the order by clicking the “SEND ORDER” button. The details specified in the order are considered accurate by the provider. Upon receiving the order, the provider promptly confirms receipt via email or phone call using the contact details provided by the client. The provider may request additional confirmation from the client, depending on the nature of the order (e.g., in writing, by phone, or via email). The provider dispatches the device after payment for the ordered service has been received.

Contractual relations between the provider and the client are established upon receipt of the order confirmation, which is communicated to the client by phone (at the phone number provided in the order) or email (to the email address specified in the order).

By submitting the order, the client confirms they are familiar with these GTC and the conditions of the ordered service and agree to them in their valid form at the time of order submission. (A copy of the GTC is sent to the client as an attachment to the order confirmation email.)

The client acknowledges that the provider is not obligated to enter into a contract, particularly with individuals who have previously substantially violated the terms of the contract (including the GTC). The client agrees to use remote communication means for concluding the contract. Any costs incurred by the client while using such means (e.g., internet connection fees, phone calls) are borne by the client.

3. Price of Services and Payment Terms

The client may pay for the service under the contract using the following methods:

• Cashless transfer to the provider’s account IBAN: BG34 STSA 93000031131628, held with DSK Bank Bulgaria, a.s. (hereinafter referred to as the “provider’s account”). For cashless payments, the service price must be paid within seven days after the contract is concluded.

For cashless payments, the client’s payment obligation is considered fulfilled when the respective amount is credited to the provider’s account. Dispatching the device via courier is carried out only after the payment is received in the company’s account.

Based on the contract, the provider issues a tax invoice to the client. The tax invoice is sent in electronic form to the email address provided by the client after payment is received.

4. Contract Withdrawal

The client has the right to withdraw from the contract at any time during the monitoring period, in writing, electronically, or by phone. The provider reserves the right to request reimbursement for certain expenses (e.g., shipping costs, electrodes, data transmission).

The provider may terminate the contract at any time if the client fails to comply with the GTC.

5. Transport and Delivery of the Monitoring Device

The method of device delivery is determined by the provider unless otherwise stated in the contract. If, for reasons attributable to the client, the device must be redelivered or delivered in a manner other than specified in the contract, the client is obliged to cover the additional costs.

Upon receiving the device from the shipping company, the client must check the integrity of the packaging. Any defects must be reported immediately to the provider and the shipping company. If the client finds that the packaging has been tampered with or shows signs of unauthorized access, they are not obliged to accept the delivery. By signing the delivery receipt, the client confirms that the device’s packaging was intact.

Additional rights and obligations related to device delivery may be specified in special delivery conditions, if issued by the provider.

6. Other Rights and Obligations of the Parties

• The provider guarantees that the monitoring device complies with the contract and is delivered without defects. If the device does not comply with the contract upon receipt, the client has the right to request free replacement or repair from the provider.

• From the moment the client receives the device until its return to the shipping company after monitoring, the client is materially responsible for the device. In case of loss or damage, the client agrees to compensate for the damages.

• The client agrees not to interfere with, manipulate, or misuse the software or other components of the provided device.

• The client acknowledges that the portal’s web interface (including images) is protected by copyright. The client is not permitted to use mechanisms, software, or other methods that could negatively impact the operation of the portal’s web interface.

The client understands that the provider is not liable for treatment outcomes or health complications occurring during monitoring. The offered services are not intended for patients at high risk of severe complications (e.g., sudden death, heart attack). The response time to potentially serious findings is not guaranteed.

The provider is not responsible for:

• Health complications arising from the device’s use (e.g., skin reactions to electrodes).

• Damages caused by using the device.

7. Data Protection

Personal data voluntarily provided by the client to the provider for fulfilling the order is collected, processed, and stored in compliance with applicable Bulgarian laws, particularly Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 on the protection of natural persons regarding personal data processing and the free movement of such data, as amended.

The client confirms that the personal data provided is accurate.

8. Final Provisions

These General Terms and Conditions are valid and effective as of 01 October 2024. The provider reserves the right to amend the GTC without prior notice.