Please ensure that you read all the pages of this Agreement (including Annexure A and Annexure B), provide all relevant details above, and complete and sign the “Acceptance of this Agreement” below on page 6. Please return the signed Agreement via email to: info@homecareprojects.org

After submission of this signed Agreement to the above email address, a Home Care Projects staff member will contact you regarding the completion of the sign-up process.

TERMS AND CONDITIONS

1. Schedule of Supports

• 1.1 Provided that NDIS funds are available for Home Care Projects to access on the NDIA portal relevant to the Client, Home Care Projects agrees to provide the supports to the Client as set out in Annexure B below.

• 1.2 The prices set out in Annexure B are GST inclusive (if GST applies) and include the fees for providing the stated supports. The fees will be automatically updated from time to time in line with changes to the NDIA Price Limits and/or other documents or publications issued by the NDIA from time to time.

2. Your Responsibilities

By entering into this Agreement, the Client/Authorised Representative agrees to:

• 2.1 Treat Home Care Projects staff with courtesy and respect.

• 2.2 Advise Home Care Projects of preferred contact methods.

• 2.3 Ensure that any funds received from the NDIA are used to assist you in achieving your NDIS Plan goals and are spent in accordance with your NDIS Plan.

• 2.4 Monitor budget information made available by Home Care Projects to reduce the risk of overspending in relation to your NDIS Plan.

• 2.5 Provide Home Care Projects with information in a timely manner as requested in accordance with the provisions of this Agreement or as otherwise reasonably requested from time to time.

• 2.6 Ensure that all claims for reimbursement include evidence of payment having been made to the extent requested by Home Care Projects and in accordance with the requirements of the NDIA, the Australian Taxation Office (ATO), or any other regulatory body.

• 2.7 Acknowledge that there is no contractual or inferred relationship between Home Care Projects and any of the chosen service provider/s of the Client/Authorised Representative.

• 2.8 Not engage in conduct or knowingly provide Home Care Projects with misleading or incorrect information which may reasonably be expected to:

  • 2.8.1 Expose Home Care Projects to reputational, regulatory, or financial risk.

  • 2.8.2 Present a work, health, and safety risk to any Home Care Projects staff (including its contractors and agents). This extends to and covers any verbal and written abuse.

  • 2.8.3 Be contrary to NDIA rules, guidelines, legislation, relevant policies, and/or any other documents or publications as may be issued by the NDIA from time to time.

  • 2.8.4 Be contrary to, or cause Home Care Projects to potentially breach, the National Disability Insurance Scheme Act 2013 (Cth) (NDIS Act) or any other law or regulation (including conditions which relate to the registration requirements of Home Care Projects).

• 2.9 Refrain from engaging in any action with a view to obtaining funds from the NDIA to which you are not entitled within the meaning of section 182 of the NDIS Act.

3. Our Responsibilities

By entering into this Agreement, Home Care Projects agrees to:

• 3.1 Treat the Client/Authorised Representative with courtesy and respect.

• 3.2 Use the Client/Authorised Representative’s preferred method of communication wherever practicable.

• 3.3 Assist and support the Client/Authorised Representative to manage their NDIS funding in accordance with their NDIS Plan, requirements of the NDIA and the ATO.

• 3.4 Making budget information available by:

  • 3.4.1 Tracking expenditure against Client’s budget by making relevant budgetary information available online via the Home Care Projects Client portal.

  • 3.4.2 Making monthly statements available on-line to the Client/Authorised Representative.

• 3.5 Refer any service provider enquiries back to the Client/Authorised Representative in circumstances when permission to liaise with the service provider has been withheld by the Client/Authorised Representative.

• 3.6 Have mechanisms in place to manage and mitigate potential conflicts of interest.

• 3.7 Raise any concerning conduct or behaviour (whether by the Client/Authorised Representative, service provider or any other third-party) with the Client/Authorised Representative and seek a satisfactory solution.

4. Home Care Project Fees

• 4.1 Home Care Projects will directly claim establishment and monthly fees against the Client’s NDIS Plan from the NDIA for the provision of plan management or individual capacity building support as set out in Annexure B.

5. Service Provider Claims

• 5.1 Home Care Projects will submit for payment via the NDIA Portal, invoices submitted by the Client’s service providers to Home Care Projects provided such invoices meet NDIA and ATO requirements, and the services/supports relate to services or purchases made in accordance with the Client’s NDIS Plan.

6. Changes to the Plan

• 6.1 The Client/Authorised Representative agrees to immediately notify Home Care Projects (and in any case, within one (1) business day) and provide relevant plan details in writing if the Client’s NDIS Plan is varied, extended, reassessed, or replaced, or the Client ceases to be a participant in the NDIS.

7. Liability

• 7.1 The Client/Authorised Representative agrees that:

  • 7.1.1 Home Care Projects only provides services in the nature of management of funding for supports in respect of the Client’s NDIS Plan; and

  • 7.1.2 They will not hold Home Care Projects responsible for any loss or damage the Client/Authorised Representative suffers because of or in connection with the conduct of any other third party (including any NDIS registered or unregistered provider) or actions taken by the NDIA against the Client/Authorised Representative.

• 7.2 All implied conditions, warranties and undertakings other than the statutory set out in Schedule 2 of the Competition and Consumer Act 2010 (CCA) are expressly excluded to the extent permitted by Law.

• 7.3 Subject to the rights of the Client/Representative under Schedule 2 of the CCA, Home Care Projects shall not be liable for any loss or damage of any kind whatsoever, arising from this Agreement or otherwise, including consequential loss whether suffered or incurred by the Client/Authorised Representative or another person and whether in contract, tort (including negligence), equity or otherwise.

• 7.4 Home Care Projects aggregate liability under or in connection with this Agreement (whether in contract, tort (including negligence), equity or otherwise, for breach of statutory duty, or otherwise) will not exceed the amount of fees paid to Home Care Projects for the provision of support under this Agreement in the previous 12 months from the date of any alleged claim.

8. Ending this Service Agreement

• 8.1 Either Party may end this Agreement at any time by giving the other party at least twenty-eight (28) days’ notice inwriting, unless agreed otherwise by the parties.

• 8.2 If a party materially breaches this Agreement, the other party may terminate thisAgreement immediately by notice in writing to the other party.

9. Privacy

• 9.1 Home Care Projects is respondent to the Privacy Act 1988 (Cth), the Australian Privacy Principles and the NDIS Act. A copy of Home Care Projects Privacy and Dignity Policy is available and will be given to the Client/Authorised Representative. Home Care Projects will only collect information required for the purposes of the operation of this Agreement and our responsibilities as a plan manager.

• 9.2 By signing below the Client/Authorised Representative authorises Home Care Projects to collect, handle, use, disclose and otherwise deal with their personal information in accordance with the terms of Home Care Projects Privacy Policy and in accordance with Australia’s privacy laws and the NDIS Act.

10. Warranties and Representations

• 10.1 The Client/Authorised Representative warrants and represents that:

  • 10.1.1 All information supplied by it to Home Care Projects under this Agreement to enable it to provide the services is accurate in all material respects.

  • 10.1.2 Before they signed this Agreement below, they obtained independent legal advice in respect of this Agreement or have had the opportunity to obtain such independent legal advice.

  • 10.1.3 They have in no way been pressured to enter into this Agreement or been the subject of any duress (in any form) which has caused them to enter into Agreement.

  • 10.1.4 All claims which they instruct Home Care Projects to submit on their behalf are a true reflection of goods and services provided to the Client in line with the NDIA rules, guidelines, legislation, relevant policies and/or any documents or publications as may be issued by the NDIA from time to time.

• 10.2 Home Care Projects warrants and represents that the information it provides to the Client/Authorised Representative under or in connection with this Agreement is correct and current at the time the communication is made by Home Care Projects.

11. Goods and Services Tax (GST)

• 11.1 For the purposes of GST Legislation, the parties agree that the supports provided by Home Care Projects in the Schedule of Supports set out in Annexure B below are a GST-free supply (unless advised otherwise by Home Care Projects).

12. Feedback, complaints, and disputes

• 12.1 If the Client/Authorised Representative wishes to provide feedback, or is not satisfied with the provision of support and wishes to make a complaint, the Client/Authorised Representative should provide details via written email to info@homecareprojects.org or contacting Home Care Projects on 0468 822 946. A copy of the Home Care Projects Feedback and Complaints Policy is available.

• 12.2 Nothing in this agreement prevents a Client/Authorised Representative from making a complaint directly to a third-party (e.g., NDIS Complaints Commission).

13. Miscellaneous

Entire Agreement

• 13.1 This Agreement contains the entire understanding and agreement between the parties on the subject of the Agreement and supersedes al prior communication.

• 13.2 Each party acknowledges that, except as expressly stated in this Agreement, that party has not relied on any representation, warranty or undertaking of any kinds made by or on behalf of the other party in relation to the subject matter of this Agreement, or otherwise. Force Majeure

• 13.3 Home Care Projects shall not be liable for delay or failure to perform its obligations under this Agreement if the cause of the delay or failure is beyond its control. Waiver

• 13.4 Failure by Home Care Projects to enforce any of the terms and conditions contained in this Agreement shall not be deemed to be a waiver of any of its rights and obligations under this Agreement.

• 13.5 A single or partial exercise of a power or right conferred on the party by this Agreement does not preclude a further exercise of the same or the exercise of any other power or right under this Agreement.

• 13.6 A waiver of a breach does not operate as waiver of any other breach. Severability

• 13.7 If any provision of this Agreement shall be invalid, void or illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected. Variations

• 13.8 Home Care Projects may vary these conditions at any time. The Client/Authorised Representative will be notified of any variations in writing. 13.9 Any variation/s sought by the Client/Authorised Representative will only be binding upon Home Care Projects upon Home Care Projects agreeing to such variation/s in writing. Assignment

• 13.10 The Client/Authorised Representative may not assign its rights under this Agreement without written consent to Home Care Projects.

• 13.11 Home Care Projects may at anytime assign its rights under this Agreement to a third-party by giving prior written notice to the Client/Authorised Representative ten (10) business days prior to the proposed date of assignment. Jurisdiction

• 13.12 These terms and conditions and all matters concerning the relationship between Home Care Projects and the Client/Authorised Representative shall be governed by the law of the State of New South Wales and the parties submit to the exclusive jurisdiction of the Courts of New South Wales for the conduct of any litigation.

ACCEPTANCE OF THIS SERVICE AGREEMENT

This Service Agreement can only be entered into by Home Care Projects and the Client, who is NDIS participant (but may be executed by an Authorised Representative of the Client on behalf of the Client).

Note: If the person authorising this Agreement is not the Client or is not the same person(s) listed by the NDIA as a Plan Nominee or other appointed guardian, Home Care Projects may decline to process a claim submitted for processing to the NDIA.

Annexure A

Reimbursements

Client/Authorised Representative bank details for reimbursement.

Note 1: This Section is ONLY TO BE COMPLETED if the Client/Authorised Representative intends to seek direct reimbursement for any purchases made to assist the Client to implement their NDIS Plan. Such purchases Must be made in accordance with the provisions of this Agreement.

Not 2: To reduce the risk to Clients/Authorised Representatives, it is the policy of Home Care Projects to recommended that Clients require their service providers to submit their claims to Home Care Projects for processing and that Clients do not directly pay for disability related services and supports.

Note 3: Home Care Projects, in its complete discretion, reserves the right to refuse to process any reimbursement by the Client/Authorised Representative.