TERMS AND CONDITIONS
1. Schedule of Supports
Provided the funds are available for
Your Plan Manager to access on the National Disability Insurance Agency (NDIA) portal relevant to the Client,
Your Plan Manager agrees to provide supports relating to the attached Schedule of Supports.
The prices set out in the Schedule of Supports are GST inclusive (if applicable) and include the fees for providing the stated supports. These fees are automatically updated from time to time in line with changes to the NDIA Price Limits.
2. Client Responsibilities
Treat Your Plan Manager staff with courtesy and respect.
Advise
Your Plan Manager of preferred contact methods.
Ensure NDIS funds are used to assist you to achieve your NDIS Plan goals and are spent in accordance with your NDIS Plan.
Monitor budget information made available by
Your Plan Manager to reduce the risk of overspending.
Take due steps to provide information as requested by
Your Plan Manager in accordance with the provisions of this Service Agreement in a timely manner.
Ensure that all claims for reimbursements include evidence of payment having been made to the extent requested by
Your Plan Manager and in accordance with NDIA or Australian Tax Office (ATO) requirements.
Acknowledge there is no contractual or inferred relationship between
Your Plan Managerand the chosen service provider of the Client/Authorised Representative.
Not engage in conduct or knowingly provide misleading information which may reasonably be expected to:
Expose
Your Plan Manager to reputational, regulatory, or financial risk.
Present a work, health, and safety risk to any
Your Plan Manager staff (including contractors). This extends to and includes any verbal or written abuse.
Be contrary to NDIA rule, guidelines, or relevant policies. Be contrary to, or cause
Your Plan Manager to potentially breach, the NDIS Act or any other law or regulation; including conditions which relate to the registration requirements of
Your Plan Manager .
Be intended to otherwise obtain funds to which the person is not entitled within the meaning of section 182 of the NDIS Act.
3. Your Plan Manager
Responsibilities
Treat the Client/Authorised Representative with courtesy and respect.
Use the Client/Authorised Representative’s preferred method of communication wherever practicable.
Assist and support the Client/Authorised Representative to manage the client's NDIS funding NDIS funding in accordance with their NDIS Plan, the requirements of the NDIA or the ATO, as requested.
Make budget information available by:
Refer the Service Provider enquiries to the Client/Authorised Representative in circumstances when permission to liaise with the Service Provider has been withheld by the Client/Authorised Representative.
Have mechanisms in place to manage and mitigate potential conflicts of interest.
Reserve the right to raise any concerning conduct or behaviours with the Client/Authorised Representative and seek a satisfactory solution.
4.
Your Plan Manager
Fees
Your Plan Manager will directly claim set-up, monthly fees from the NDIA for the provision of Plan Management as agreed in Schedule of Supports set out in the Annexure to this Service Agreement.
5. Service Provider Claims
Your Plan Managerwill process the invoices submitted on behalf of the Client/Authorised Representative by the Client’s Service Providers to the NDIA portal, provided such invoices meet NDIA and ATO requirements and the services/supports relate to services or purchases made in accordance with the participant’s plan.
6. Changes to the Plan
The Client/Authorised Representative agrees to immediately notify
Your Plan Manager
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.
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. Liability
The Client/Authorised Representative agrees that
Your Plan Managerprovides plan management services or associated individual capacity building services only, and will not hold
Your Plan Manager
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 in circumstances in which
Your Plan Managerhas followed the directions; or reasonably inferred directions of the Client Authorised Representative.
The Client/Authorised Representative agrees that
Your Plan Manager is not liable for any loss (including indirect, consequential, incidental, or special damages) the Client / Authorised Representative may suffer from a breach of this Agreement unless that breach involves fraud or willful default of
Your Plan Manager.
In the event that the NDIA reclaims monies from
Your Plan Manager in relation to any claims made (including those using the "Can I Buy It Checklist") the Client/Authorised Representative agrees to repay those monies within 30 days.
Your Plan Manager accept no liability for any overspending of plan funding.
Your Plan Manager aggregate liability under or in connection with this Service Agreement (whether in contract, tort including negligence, equity, for breach of statutory duty, or otherwise) will not exceed the amount of fees paid to
Your Plan Manager for the provision of supports under this agreement in the previous 12 months.
8. Ending this Service Agreement
Either Party may end this Service Agreement at any time by giving the other party at least 1 days notice in writing. If a Party materially breaches this Service Agreement, the other party may terminate this agreement immediately by notice in writing.
9. Feedback, complaints, and disputes
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 the website on the Contact us page or by utilising the webform. They can also email at
yourteam@ypm.com.au or
telephone
1800 968 775. Complaints can be made anonymously if preferred.
Nothing in this agreement prevents a Client/Authorised Representative from making a complaint directly to a Third-Party (e.g. NDIS Quality and Safeguards Commission). The
NDIS Quality & Safeguards Comission can be contacted on 1800 035 544 or via a complaint form on their website at
www.ndiscommission.gov.au
Further information is available at
www.ndis.gov.au
10. Privacy
Your Plan Manager
is respondent to the Privacy Act, the Australian Privacy Principles and the NDIS Act.
Your Plan Manager
will only collect information required for the purposes of the operation of this Service Agreement and our responsibilities as a Plan Manager.
A copy of the
Your Plan Manager
Privacy policy is available on request which sets out:
My right to access personal information;
My right to withdraw my consent at any time; and
What personal information will be collected and disclosed and why.
11. Goods and services tax (GST)
For the purposes of GST legislation, the Parties confirm that:
A supply of supports under this Service Agreement is a supply of one or more of the Reasonable and Necessary supports specified in the statement included, under subsection 33 (2) of the NDIS Act, in the Client’s NDIS plan currently in effect under section 37 of the NDIS Act.
Your Plan Manager
ill pay GST as specified in the NDIS Act.
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2. Authorisation Of This Service Agreement
This Service Agreement can only be entered into by
Your Plan Manager
and either the client (who is an NDIS Participant) or the Authorised Representative of the Client, as recognised by the NDIA.
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,
Your Plan Manager
may decline to process a claim submitter for processing to the NDIA