TERMS AND CONDITIONS
Thank you for choosing Moda Birth Services. While we are intent on the delivery of high quality services to our clients, we consider it pertinent to highlight the terms and conditions of service, which are an integral part of the contract between you and us. Payment by you to us of the professional fees for any of our services constitutes acceptance of these terms and conditions.
1. Our Fees 1.1. We require a minimum of 80% of our professional service fees prior to service commencement or processing, balance of 20% are to be paid before documents are handed over to client.
1.2. Our professional fees cover only one processing and childbirth experience at a time. Any need to reapply will attract a service charge of 50% of the professional fees.
1.3. Our professional service fees are non-refundable and services are not transferrable from one party to another.
1.4. Each professional fee paid applies to one city at a time. Where you require multi-city processing, different fees will apply.
1.5. Our professional fees are non-refundable in the event that client has a change of plans. Once payment is made no refunds are issued. i.e Client makes payment on 26th July and change plans on the 27th July, we shall not issue any refunds however transfer of service can be made
2. Timelines Our processing time is three (3) weeks, commencing from the date we confirm receipt of at least 80% of our professional fees and receipt of all required forms and documents. This is subject to your responses and co- operation from clients.
3. Visa Processing
3.1. Engaging any of our services does not serve as a guarantee that you will get a USA/CANADA Visa upon application. Our services are limited to providing assistance by way of advice, information provision and required documentation from the OBGYN or hospital. The final decision on visa issuance is made by the Visa Consular Officer during your visa appointment.
3.2. All advice given to you on visa application, best time to travel and entry into the USA/CANADA are based on experience with past clients; and do not in any way constitute a guarantee of getting a USA/CANADA Visa upon application, of being allowed to board an airplane while pregnant and/or of entry into the USA/CANADA.
3.3. We will not be held liable for failure to attend visa appointments/interviews or will we be responsible for rescheduling missed visa appointments/interviews. We are yet to pay for a Doctor's letter as at the date you inform us that the visa interview date is unfavorable to you
4. Travel Arrangements
4.1. You will assume responsibility for securing all necessary permissions, visas, flight tickets and documents to enter the USA/CANADA.
4.2. Travel arrangements to the USA/CANADA are your responsibility, except specifically and expressly agreed with us. Otherwise, you assume sole responsibility for ensuring you have adequate funds on you to cover your medical bills.
4.3. Except expressly stated, any fees paid does not include allowance for feeding, incidental expenditure, transport, or other expenditure of this nature.
4.4. You are responsible for arriving on time for your flights. No responsibility is accepted by us for late arrival, missed flights, late arrival of connecting aircraft or check-in delays.
5. Hospitals, OBGYNs and Appointments
5.1. When engaging our services, Clients can choose only one (1) option from the list of options shared per time.
5.2. Clients may not change their hospital choice once we have pulled out the OBGYN list for the chosen hospital. Requests to change hospitals at this stage will incur additional cost. In the case of changes driven by unexpected changes in medical condition, this fee may be waived subject to management approval.
5.3. Clients may not change their choice of OBGYN once we have received acceptance by the OBGYN and we have the confirmation letter issued.
5.4. After we have booked a client's first appointment with the OBGYN, a client can change this date once and we would still get the client an updated confirmation letter stating the new appointment date. However, any subsequent changes and getting an updated confirmation letter will be handled by the client.
5.5. By purchasing any of our personalized/customized services, you are: Granting us the permission to make inquiries on your behalf; and book appointments with your preferred caregiver on your behalf. Agreeing to assume all associated responsibilities for your choice of doctors, medical personnel, health care providers, or medical procedures undertaken when choosing to use Moda Birth Services as a consulting service. We assume no responsibility or liability for any treatment or other services rendered by any doctor, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services. Acknowledging that we will be handling your Medical records; this may be covered by various medical secrecy provisions, and you authorize us to handle this data.
6. General Terms and Conditions
6.1. All applications made by/on behalf of the client and all information provided by the client must be properly reviewed by the client to ascertain accuracy of the client's personal details, choices and preferences. Moda Birth Services will not be held liable for any errors in information provided by the client.
6.2. Our services are provided solely in the capacity of an agent. Hospitals, birthing Centers, doctors, medical personnel, accommodation contacts, visa consular office, airlines and other providers, directly provide all services to you; including consultations, treatments, accommodation and travel. Our responsibility is limited to facilitating contact with and providing information about the medical costs of your relevant procedure in the USA/CANADA; and this information is provided to assist you in making well-informed decisions.
6.3. All recommended hospitals, birthing centers, doctors, medical personnel and vendors are not our sub- contractors; and we do not make any express or implied representation or warranty that any services or products provided by these service/product providers will be fit for the required or desired purpose or delivered by them with reasonable care and skill.
6.4. Hospitals, birthing centers, doctors, medical personnel and vendors recommended by us to you will be subject to their respective terms and conditions, and by engaging them, you undertake to abide by those terms and conditions.
6.5. Where you purchase our multi-service packages, we will recommend preferred, qualified and specific healthcare facilities and medical personnel based on their affordability across USA/CANADA cities. '
6.6. Neither Moda Birth Services nor any of its officers, employees, or directors are by no means medical professionals and do not provide any advice on issues relating to medical treatment or well-being.
6.7. We do not accept any liability in contract or in tort for any injury, damage, loss, delay, additional expenses, or inconvenience caused directly or indirectly by force majeure or other events which are beyond our control, or which are unpreventable on our part.
6.8. Moda Birth Services, its directors, staff, employees, agents and assigns are hereby indemnified by you against any claim, loss, damage or action whatsoever that may arise or have arisen in connection with any services provided by or in connection with us.
6.9. Any claim or claims which you, your agent, executor, heirs or assigns may have for any compensation for damages or loss, or the like from us resulting from injury, loss or death occasioned whatsoever, are hereby irrevocably waived.
6.10. We do our best to ensure that the research from childbirth costs, recommended hospitals/doctors, visa processing and travel advice is compiled, obtained, discerned or interpolated from reliable and trustworthy sources, and therefore believe the costs shared are accurate as at the date of sharing with you; but are subject to change without prior notice from the healthcare facilities, personnel or supplier. As such, Moda Birth Services does not make any representation or warranty, express or implied, with respect to the accuracy or completeness of the information disclosed to you.
6.11. Taking up our services would mean you have given us the express approval to contact doctors on your behalf, we create emails for our clients and access to the email accounts cannot be given to client, this is Moda Birth services Proprietary information.
7. Applicable Law and Binding Effect These Terms are governed by and construed in accordance with the laws of the Federal Republic of Nigeria. These Terms shall be binding on you and us upon the payment of our professional fees for any of our services.
8. Interpretations and Definitions Except otherwise provided, the following words/terms will have the meanings provided below: "Client", "You" or "Your" means the person who is named and identified as the pregnant individual who engages our services and by being so named contracts and is held bound by these terms and conditions. Notwithstanding that an agent may be engaging the services on behalf of the pregnant individual, in which case such agent will be similarly bound. “Fees" means any professional fees paid by you to us for the provision of our services. "Moda Birth Services", "Us", "We" or "Our" means Moda Birth Services as duly registered under the laws of the Federal Republic of Nigeria. "OBGYN" means Obstetrician-Gynecologist, being a doctor who specializes in women's health. "Services" means any of the services provided to you by us for or in connection with birthing your child or children in the USA/CANADA. "Terms" means these Terms and Conditions of Service, including any annexures or attachments to it or amendments made from time to time. "USA/CANADA" means the United States of America.