Service Agreement, Terms and Conditions
NDIS SERVICE AGREEMENT
NDIS Service Agreement Update: 20.04.2020
Start Date of Plan:
End Date of Plan:
Date of Birth:
This Service Agreement is between:
Paediatric Nursing Services Limited
Unit 2, 895a Beaufort Street, Inglewood, WA, 6052 NDIS Provider Number: 405 000 3126
ABN: 86 159 027 068
NDIS Participant Nominee: and relation to Participant:
Additional Contact: and relation to Participant:
This service agreement provides for nursing, disability, allied and related health services to be provided to you or the person in your care. The terms in this agreement are our standard terms and are all of the services we deliver and subject to these terms.
Before any services are performed, you will be provided with a copy of this agreement. You must sign the agreement. However, if you do not, your acceptance of the services will be taken to be an acceptance of these terms in their entirety.
1 Definitions and interpretation
In this agreement unless the context indicates otherwise, the following words have the following meanings.
Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
Fees means the rates set out in Schedule 1 to this agreement.
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Losses means all losses including financial losses, damages, legal costs and other expenses of any nature whatsoever.
NDIA means the National Disability Insurance Agency established under the National Disability Insurance Scheme Act 2013 (Cth).
NDIS means the National Disability Insurance Scheme established under the National Disability Insurance Scheme Act 2013 (Cth).
NDIS Plan means a plan that is or was in effect under section 37 of the National Disability Insurance Scheme Act 2013 (Cth).
Parties means Us and You, and Party means either one of the Parties.
Related Body Corporate has the meaning given in section 50 of the Corporations Act 2001 (Cth).
Services means the services set out in Schedule 2 to be provided by us to you
Us, Our and We means Paediatric Nursing Services Limited, and where the context permits, includes our officers, employees, agents and subcontractors.
You and Your means the Party entering into this agreement with Us, and where the context permits and the law allows, includes that Party’s representative, administrator, guardian or other person authorised to make decisions on your behalf.
In this agreement unless the context otherwise requires:
(a) words importing any gender include every gender;
(b) words importing the singular number include the plural number and vice versa;
(c) words importing persons include firms, companies and corporations and vice versa;
(d) references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this agreement;
(e) reference in any schedule to this agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
(f) any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
(g) the headings to the clauses and schedules of this agreement are not to affect the interpretation;
(h) any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or byelaw made under that enactment; and
(i) the word “including” (and related forms including “includes”) means “including without limitation”.
2 Your obligations
During the performance of the Services, You will:
(a) co-operate with Us as We reasonably require;
(b) provide the information and documentation that We reasonably require;
(c) inform Us about how You wish the Services to be delivered to meet Your needs;
(d) treat Us, our employees and agents with courtesy and respect;
(e) talk to Us if You have any concerns about the Services or how they are being performed;
(f) let Us know immediately if Your NDIS Plan is suspended or replaced by a new NDIS Plan or You stop being a participant in the NDIS.
3 Our obligations
During the performance of the Services, We will:
(a) review the Services at least three monthly with You;
(b) provide the Services in a way that meet Your needs and goals;
(c) communicate openly, honestly and promptly with You;
(d) treat You with courtesy and respect;
(e) consult You on decisions about the Services provided;
(f) give You information about managing any complaints or disagreements;
(g) listen to Your feedback and resolve problems quickly;
(h) give You a minimum of 24 hours’ notice if We have to change a scheduled appointment to provide the Services;
(i) protect Your privacy and confidential information;
(j) provide the Services in a manner consistent with all relevant laws and rules, and
(k) the Australian Consumer Law; keep accurate records on the Services provided to You; and
(l) issue regular invoices and statements to You.
(a) We will provide You with the Services in consideration for You paying the Fees to Us, subject to the provisions of this agreement.
(b) We will schedule appointments for the performance of the Services, subject to the availability of Our employees and agents.
(c) The Services will be performed by the employees or agents that We may choose as most appropriate to carry out the Services.
(d) The Services to be performed, the time for the provision of the Services, and the Fees for the Services are set out in Schedule 1 of this agreement.
(e) If the Services (or any part of the Services) are being funded in connection with an NDIS Plan, and that plan is varied, renewed or replaced, we are entitled to vary the Services during the term of this agreement to align with that NDIS Plan.
5 Service period
(a) We will provide the Services for a period of 12 months from the date this agreement begins.
(b) This agreement begins when it is signed by both Parties.
(c) If this agreement is not signed but the Services (or a part of the Services) are subsequently performed by Us for or in relation to You, this agreement begins on the first date when the Services are performed.
(d) Despite paragraph (a), this agreement will continue until either Party gives at least 12 week’s written notice to the other Party of the intention to terminate this agreement.
We will provide the Services in places and locations as We consider appropriate to the type and nature of the Services and Your requirements.
7.1 Payment of Fees
(a) In consideration of the provision of the Services in accordance with this agreement, You will pay Us the Fees.
(b) Where Our charges are based on an hourly rate, any time spent which is less than an hour is rounded up to one hour.
(c) You acknowledge that the Fees are exclusive of any GST that may be charged by Us, and therefore, We will be entitled to add on GST if required under GST Law.
(a) We will provide You with an invoice in relation to Fees, costs and expenses payable under this agreement.
(b) You will make payment to Us within 7 days after receiving Our invoice.
(c) When making a payment, You must quote the reference number or invoice number as specified on the relevant invoice.
7.3 Variation of Fees
We are entitled to vary the Fees during the term of this agreement after giving You written notice of at least 14 days prior to the change being implemented.
7.4 Costs and disbursements
We are permitted to charge for all costs and expenses incurred in performing the Services, including travelling, entry to events and food.
7.5 Failure to pay
(a) If You do not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, We are entitled to do any or all of the following:
(i) charge interest on the outstanding amount at the rate of 5% per year, accruing daily;
(ii) require You to pay, in advance, for any Services (or any part of the Services) which have not yet been performed; and
(iii) not perform any further Services (or any part of the Services).
(b) If You do not make a payment by the date stated in an invoice or as otherwise provided for in the agreement, You authorise the following:
(i) Us to send the invoice to the NDIA; and
(ii) the NDIA to pay the invoice out of the funds available in any relevant NDIS Plan.
8 Use of subcontractors
(a) We are permitted to use other persons to provide some or all of the Services.
(b) Subject to clause 9, We are responsible for the work of any of Our subcontractors.
9 Warranties, liability and indemnities
9.1 General warranty
We warrant that We will use reasonable care and skill in performing the Services to the standard generally accepted within the industry in which We operate for the type of Services provided by Us.
9.2 No warranties in relation to results or outcomes
We provide no warranty that any result or objective can or will be achieved or attained at all by the performance of the Services.
9.3 Exclusion of liability
To the fullest extent permitted by law, We are not liable to You in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered as a result of anything done or omitted to be done by Us in connection with this agreement.
9.4 No reliance
You acknowledge that, in entering into this agreement, You do not do so in reliance on any representation, warranty or other provision except as expressly provided in this agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this agreement to the fullest extent permitted by law.
9.5 Survival of obligations
The obligations in clause 9 survive termination or expiry of this agreement.
10 Cancellation of appointments
(a) Wewill endeavour to provide at least 24 hours’ notice to You ifWeneed to cancel or reschedule an appointment.
(b) You do not need to pay Fees for the Services which were not performed because an appointment was cancelled by Us.
(c) If, for any reason, You cancel an appointment, You will be charged:
(i) if You give Us at least 48 hours’ notice, nothing;
(ii) if You give Us less than 48 hours’ notice, 90% of the Fees for the Services that otherwise would have been provided at that appointment; or
(iii) if You do not give us notice, 100% of the Fees for the Services that otherwise would have been provided at that appointment
(d) If You do not attend an appointment and do not give notice under clause 10, the appointment will be taken to have been cancelled by You without any notice.
(e) If an appointment is cancelled, We will schedule a replacement appointment for the performance of the Services, subject to the availability of Our employees and agents.
(f) Despite clause 12.8, notice under clause 10 may be given by answering YES or NO on the text message generated by Our booking system and . However, if You do not give us evidence to the contrary, any determination made by Us about when or if notice was given by You is final.
11 Termination of agreement
(a) Either Party may terminate this agreement by notice in writing to the other Party if the other Party:
(i) fail to observe any term of this agreement; and
(ii) fail to rectify the breach to the first Party’s satisfaction following the expiration of 7 days’ notice of the breach being given in writing to You.
(b) If We terminate this agreement under paragraph 11(a), We may, at Our discretion, require You to pay to Us liquidated damages of an amount equivalent to the Fees that would otherwise have been payable for the Services performed during the 12 weeks’ after the date of termination.
(c) You may terminate this agreement by the giving of at least 12 weeks written notice to Us of the intention to terminate this agreement.
(d) You may, at Your discretion, pay to Us the equivalent amount of the Fees payable by You to Us during the notice period in lieu of any notice period relating to termination of this agreement under paragraph 11(a)(i).
(e) If, after giving notice of termination of this agreement under paragraph 11(a)(i), You indicate to Us that you will not accept the Services, We may, at Our discretion, terminate this agreement immediately and require You to pay to Us the equivalent amount of the Fees that would otherwise be payable by You to Us during the notice period.
(f) Upon termination of this agreement any fees, expenses or reimbursements payable by the Client to Us in respect of any period prior to termination must be paid by You within 7 days after the date of termination.
12.1 Force majeure
(a) We have no liability under or may be deemed to be in breach of this agreement for any delays or failures in performance of this agreement which result from circumstances beyond Our reasonable control.
(b) If affected by these circumstances, We will promptly notify You in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
(c) If such circumstances continue for a continuous period of more than 6 months, either Party may terminate this agreement by written notice to the other Party.
(a) Subject to clauses 4(e) and 7, this agreement may only be amended in writing signed by Us and You.
(a) We may assign and transfer all Our rights and obligations under this agreement to any person to whom We transfer all of Our business, provided that the assignee undertakes in writing to You to be bound by Our obligations under this agreement.
12.4 Entire agreement
(a) This agreement contains the whole agreement between the Parties in respect of the subject matter of the agreement.
(b) You agree that You have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement.
(a) No failure or delay by Us in exercising any right, power or privilege under this agreement will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
(b) The rights and remedies provided in this agreement are cumulative and not exclusive of any rights and remedies provided by law.
If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this agreement.
A notice in connection to this Agreement has no legal effect unless it is in writing and signed by the party giving the notice and is delivered or sent by pre-paid post to the other party at the address specified in this Agreement”.
12.8 Law and jurisdiction
This agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in Western Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Western Australia.
Executed as an agreement
Signed for and on behalf of Paediatric Nursing Services Limited.
Signed by, or on behalf of, the client.
Participant or Participants Nominee
NDIS Service Agreement Update: 20.04.2020