2. Duration of the Service Agreement
This Service Agreement will commence on the date the Service Agreement is accepted and signed by the you, or your Nominee. The Service Agreement will remain in place until one or both parties notify each other of their intention to terminate the Service Agreement.
Should either party wish to end this Service Agreement they must give 30 days written notice.
If either party seriously breaches this Service Agreement the requirement of notice will be waived.
3. The NDIS and this Service Agreement
This Service Agreement is made according to the rules and the goals of the National Disability Insurance Scheme (NDIS) and National Disability Insurance Agency (NDIA).
You will provide a copy of your current (and future replacement) NDIS plan to the Provider to enable the Provider to provide the services described in this Service Agreement.
You and the Service Provider agree that this Agreement is in line with the main ideas of the NDIS. These ideas include things like having more choices, achieving your goals and taking part in the community.
The parties agree that this Service Agreement is made in the context of the NDIS, which is a scheme that aims to:
support the independence and social and economic participation of people with disability, and
enable people with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports.
4. Responsibilities of the Service Provider
The Service Provider agrees to:
submit for payment to the NDIA your service provider invoices as authorised by you or your Nominee. Payments will be made via direct payment or reimbursement where relevant NDIS funds are available. Payments made will be limited to the maximum unit price as described in the relevant NDIS price guide (or its replacement);
reconcile your NDIS plan balances;
communicate openly and honestly in a timely manner;
treat you and your Nominee with courtesy and respect;
consult you and or your Nominee on the spending of funds as required;
provide monthly statements to you detailing paid invoices and current balances;
listen to your feedback and resolve problems quickly;
give you the required notice if the Service Provider needs to end the Service Agreement;
protect your privacy and confidential information;
provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law;
keep accurate records on the supports provided to you.
5. Responsibilities of the Participant / Participant’s Nominee
As an individual using our support services there are a few things that we ask of you. The information below explains the responsibilities you have when using our services.
You or your Nominee agrees to:
respect the rights of the Service Provider’s staff, ensuring their workplace is safe and healthy and free from harassment. Treat Service Provider staff and directors with courtesy and respect;
abide by the terms of your Service Agreement;
understand that your needs may change and with this, your services may need to change to meet your needs;
accept responsibility for your own actions and choices even though some choices may involve risk;
tell us if you have problems with the services you are receiving;
give us enough information to develop, deliver and review your payment requests;
be aware that Service Provider staff are only authorised to perform the agreed tasks outlined in your Service Agreement;
pay the agreed amount for the services provided;
submit only those invoices that meet the NDIA reasonable and necessary criteria for payment or reimbursement that you or your Nominee approve and authorise for processing and payment;
provide approval in a timely manner for the processing and payment of any invoice you or your Nominee have requested a third party service provider to send directly to the Service Provider for payment. Final payment of invoices will still be subject to standard practices relating to NDIS price guide limits and available funds;
be responsible for any employment issues and legal withholding and/or reporting obligations for any employees you or your Nominee employ for the provision of services under your NDIS plan;
provide a copy of your current NDIS plan and any new plans as they are established;
provide a current email address;
review monthly statements provided by the Service Provider and advise of any corrections needed to assist us to manage potential fraud;
monitor budgets in online portal/via monthly statements;
not to overspend NDIS plan funds. You or your Nominee are personally liable for the NDIS plan costs you incur, this includes amounts that are either over spent from your NDIS plan or funds rejected by NDIA (either now or in the future) as not being reasonable or necessary (or for any other reason) as determined by the NDIA;
talk to the Service Provider if you have any concerns about the supports being provided;
give the Service Provider the required notice if you need to end the Service Agreement, and
let the Service Provider know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or you stop being a Participant in the NDIS.
6. Schedule of supports
The Service Provider agrees to provide you with a plan management service whilst this Service Agreement is in place. Plan management services are only able to be provided, where there are sufficient funds in your plan for Budjee Plan Management to access from the NDIA portal.
The Service Provider will claim directly from the NDIA the permissible plan management service fees as outlined in the NDIS price guide contained in Improved Life Choices (Support Category 14) or its replacement. Future plan management fees for services provided by the Service Provider will be applied for in accordance with the current NDIS price guide at the relevant time of service.
Additional expenses (i.e. things that are not included as part of your NDIS supports) are the responsibility of you or your Nominee and are not included in the cost of the supports.
7. Payments
The Service Provider will claim from the NDIA portal funding up to the amounts specified in each category of your NDIS Plan. The Service Provider will only pay bills/reimburse funds from categories contained in your current NDIS plan that are Plan Managed. Any categories of your NDIS plan that are Self Managed or NDIA Managed are the responsibility of you or your Nominee to manage.
The Service Provider can only pay invoices or make reimbursements where funds are available in the relevant Support category. Whilst the Service Provider can assist in tracking budgets, it remains the responsibility of you or your Nominee to be aware of your funding balances and to not overspend the set budget amounts. The Service Provider will not be responsible for funding invoices/payments should you overspend your NDIS plan budgets.
In order for payments to be requested, invoices will need to be uploaded to the Service Provider’s online portal, emailed to payments@budjee.com.au or as per other methods communicated to you. The Service Provider is unable to accept handwritten invoices and an invoice template can be provided.
To obtain a reimbursement of funds, you or your Nominee will need to provide current bank account details.
8. Changes to this Service Agreement
If changes to the supports or their delivery are required, the parties agree to discuss and review
this Service Agreement. The parties agree that any changes to this Service Agreement will be in writing, signed, and dated by the parties.
9. Privacy and Terms
The privacy of the personal information you provide to us is important to us. Your personal information and the services provided to you are subject to our current Privacy Policy.
The Service Agreement is also subject to the standard Terms of the Service Provider.
10. Feedback, complaints and disputes
If you wish to give the Service Provider feedback, you can talk to the Service Provider on 1300 737 062 or email feedback@budjee.com.au.
If you are not happy with the provision of supports and wish to make a complaint, you can talk to the Service Provideron 1300 737 062 or email feedback@budjee.com.au.
If you are still not satisfied or do not want to talk to this person, you can contact the National Disability Insurance Scheme by calling 1800 035 544, visiting one of their offices in person, or visiting ndis.gov.au for further information.
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 National Disability Insurance Scheme Act 2013 (NDIS Act), in the Participant’s NDIS plan currently in effect under section 37 of the NDIS Act;
the Participant’s NDIS plan is expected to remain in effect during the period the supports are provided; and
the Participant or Participant’s Representative will immediately notify the Service Provider if the Participant’s NDIS Plan is replaced by a new plan or the Participant stops being a Participant in the NDIS.