Definitions

“Agreement” means this Service Agreement.

“Participant” means entity receiving services under this Agreement.

“Party” or “Parties” means both the Participant and the Service Provider.

“Supports” means disability support services as described in the Schedule of Supports.

“MyPlace Portal” means the portal provided by the Australian Department of Human Services to facilitate the NDIS.

“Plan Nominee” means a person who is approved by the Participant to manage their NDIS funding.

“Service Bookings” means bookings through the MyPlace Portal to engage the Supports.

1. The NDIS and this Service Agreement

   1. This Agreement is made for the purpose of providing supports under the participant's NDIS plan.
      

   2. The parties acknowledge that this Agreement is bound by NDIA’s Terms of Business as in force from time to time.

   3. The parties to this Agreement acknowledge that the Supports in this Agreement are provided to the Participant in the context of the NDIS, which aims to:

      1. Support the independence and social and economic participation of people with disability; and

      2. Enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.

2. {{company name}}'s Responsibilities

   1. {{company name}} agrees to: 

      1. Treat the Participant with courtesy and respect; 

      2. Communicate openly and honestly in a timely manner; 

      3. Listen to the participant's feedback and resolve problems quickly;

      4. Work with the Participant and/or their representative (if applicable) to deliver Supports that meet their needs;

      5. Consult with the Participant when making decisions about how Supports are provided;

      6. Approve Service Bookings in MyPlace Portal in a timely manner so that scheduled Supports can be delivered as agreed (if applicable); 

      7. Give the participant a minimum of 24 hours notice if {{company name}} has to change a scheduled appointment to provide supports; 

      8. Deliver the Supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 (Cth) and rules, and the Australian Consumer Law; 

      9. Issue regular invoices and statements to the Participant describing the Supports that we have provided to the Participant; 

      10. Protect the Participant and/or their representative’s privacy and confidential information in compliance with privacy law including the Privacy Act 1988 (Cth); 

      11. Keep clear and up-to-date records on the Supports provided to the Participant;

      12. Give the Participant information about managing any complaints or disagreements and details of {{company name}} cancellation policy; and

      13. Give the participant the required notice if {{company name}} needs to end this Service Agreement.

3. Participant’s Responsibilities

   1. The Participant agrees to:

      1. Inform {{company name}} about how they wish the supports to be delivered to their needs;
         

      2. Approve Service Bookings in the MyPlace Portal in a timely manner so that scheduled Supports can be delivered as agreed (if applicable);

      3. Treat {{company name}} workers with courtesy and respect;

      4. Talk to {{company name}} if the Participant has any concerns about the Supports being provided;

      5. Give {{company name}} the required notice if the Participant cannot make a scheduled appointment, noting that if the notice is not provided, {{company name}}'s cancellation policy will apply;

      6. Give {{company name}} the required notice if the Particpant needs to end this Service Agreement; and 

      7. Let {{company name}} know immediately if the Particpant's NDIS plan is suspended or replaced by a new NDIS plan, or the Participant stops being a participant in the NDIS.
         

4. Pricing / Additional Expense

   1. Except in relation to transport Supports, {{company name}} agrees to the charge the Participant for the Supports provided according maximum recommended price in NDIS Price Guide or as it is varied from time to time.

   2. The Parties agree and acknowledge that:

      1. The price for transport Supports are charged according to the Schedule of Supports (including a reasonable contribution for the {{company name}}’s transport costs) rather than the NDIS Price Guide;

      2. The NDIS Price Guide is subject to change and {{company name}} will vary its price for each Support from time to time. If this occurs, {{company name}} will organise a review with the Participant as soon as practicable. 

      3. The Participant acknowledges that any additional expenses that are not part of their Support will be their      responsibility to pay. If any additional expenses are paid by the Organization, these will be passed on at cost to the Participant. 

   3. The Participant acknowledges that any additional expenses that are not part of their Support will be their responsibility to pay. If any additional expenses are paid by {{company name}}, these will be passed on at cost to the Participant.

5.   Payment

   1. {{company name}} will invoice the Participant for the Supports they have provided or delivered pursuant to this Agreement according the prices set out in Schedule of Supports.

   2. The parties agree that whichever of the following clauses 5.3, 5.4, 5.5 and 5.6 is in force is applicable according to the method of payment marked in the Schedule of Supports.

   3. Payment by Self-Managed Participants: The Participant must pay {{company name}} the amount on the invoice issued by{{company name}} pursuant to clause 5.1 in the manner and time period specified on the invoice.

   4. Payment by Plan Nominee: The Participant will do any and all things required by the Plan Nominee to pay {{company name}} the invoice issued by {{company name}} pursuant to clause 5.1 in the manner and time period specified on the invoice.

   5. Payment by National Disability Insurance Agency: {{company name}} will seek payment of the invoice issued by {{company name}} pursuant to clause 5.1 directly from the National Disability Insurance Agency in satisfaction of the Supports provided pursuant to this Agreement.

   6. Payment by Registered Plan Management Provider: The Participant will do any and all things required by the Registered Plan Management Provider to pay {{company name}} the invoice issued by {{company name}}  pursuant to clause 5.1 in the manner and time period specified on the invoice.

6.  Review/Notification

   1. The parties agree to use their best endeavors to conduct regular review of this Agreement, or as required due to {{company name}}’s operational reasons.

   2. The Participant agrees to notify {{company name}} within 14 days of any of the following changes taking effect:

      1. The Participant’s NDIS Plan is suspended or cancelled; 

      2. The Participant’s contact details change;c) If applicable, the Participant representative’s contact details change;

      3. If applicable, its “Authority to act on behalf of the Participant” is revoked, changed or expires;

      4. There is a change to the manner or details of the person/organization who will pay invoices for Supports.

7. GST

   1. GST does not apply to the support services being offered. By signing this Agreement, {{company name}} confirms that they have checked whether GST applies.

8. Cancellation

   1. MyPlace Portal Service Bookings

      1. The parties acknowledge that either party may cancel a Service Booking in the MyPlace Portal.

      2. If the Participant cancels a Service Booking in the MyPlace Portal, they agree to give at least 28 days’ notice to {{company name}} by selecting an end date in the MyPlace Portal that is at least 28 days in advance.

      3. If {{company name}} cancels a Service Booking in the MyPlace Portal, they agree to discuss it with the Participant first and give at least 28 days’ notice to the Participant by selecting an end date in the MyPlace Portal that is at least 28 days in advance.

      4. The parties acknowledge that if both parties do not approve the Service Booking in the MyPlace Portal within 21 days, that the system will automatically cancel that Service Booking.

   2. Scheduled Supports and ‘No Shows’ 

      1. The Participant must notify {{company name}} of a cancellation of a scheduled Support in writing, by email or by telephone to {{company name}}'s contact person.

      2. If {{company name}} is notified of a cancellation of a scheduled Support:

         1. At least 48 hours in advance, the Participant will not be charged a fee for that cancellation by {{company name}};

         2. Less than 48 hours in advance, {{company name}} will charge a fee if it is unable to utilise the same scheduled Support for another participant.

         3. The parties acknowledge that the scheduled Support will be charged in full if there has been a 'no show' by the Participant or if only part of the schedule Support has been delivered.

      3. If during a continuous 12-month period, there are more than 8 cancellations or ‘no shows’ by the Participant (or 2 cancellations or ‘no shows’ for therapy related Supports), {{company name}} may elect to notify the NDIA on the grounds that the Participant’s NDIS Plan may need to be reviewed.

   3. Cancellation by  {{company name}}  

      1. Where {{company name}} a scheduled Support, it will use its reasonable best endeavors to reschedule the appointment.

   4. Variation/Termination

      1. The Parties agree that any variation of this Agreement is not of effect unless it is in writing, signed and dated by the Parties. 

      2. Either party may end this Agreement by giving at least 28 days’ written notice to the other or such longer time period as reasonably necessary for the Participant to nominate an alternative provider. In the case of termination by the Participant, written notice must be provided to t{{company name}}'s listed Contact Person.