NDIS PACKAGES TERMS AND CONDITIONS
These Terms and Conditions (“Terms”) govern the use of all NDIS documentation contained within the NDIS Packages, alongside any services provided therein (“NDIS Packages”) provided by Connect and Grow Pty Ltd, trading as Provider360 (“Provider360”, “us”, “we”, or “our”), formerly known as Centric Consultants.
ACCEPTANCE OF TERMS
By purchasing and using any of our NDIS Packages, the Client agrees to comply with and be bound by these Terms.
These Terms apply to all NDIS Packages, as well as any services provided by Provider360 as part of these packages and purchased by the Client. This includes the following NDIS Packages, its different versions and services:
- NDIS Verification Package
- NDIS Certification Package (Core Module)
- NDIS Module 1 Package
- NDIS Module 2 Package
- NDIS Module 2A Package
- NDIS Module 3 Package
- NDIS Module 4 Package
- NDIS Module 5 Package
- NDIS Mega Package
- NDIS Consulting Package/Service
- NDIS Documentation Editing Service
- NDIS Online Application and Self-Assessment Submission Assistance
- NDIS Pre-Audit Review Service
- NDIS Approved Quality Auditor Engagement
DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
- “NDIS Package” means any of our NDIS Packages offered by Provider360 and its contents, which may include but are not limited to policies, procedures, forms, registers, manuals, handbooks, etc.
- “Client” means any person or entity that purchases, accesses or uses any of the NDIS Packages offered by Provider360.
- “Intellectual Property” means all patents, trademarks, copyrights, trade secrets, and other intellectual property rights.
- “Non-compliant documents” refer to any documents that do not meet the specified NDIS Practice Standards and Quality Indicators and are identified during the NDIS Quality Audit. It does not apply to the forms or registers that the Client must fill out for their audit, such as the Business Plan, Strategic Plan, Risk Register, Human Resource Register, etc.
- “NDIS Quality Audit” refers to the examination and evaluation of documents and processes by an NDIS Approved Quality Auditor to ensure they meet the specified NDIS Practice Standards and Quality Indicators.
- “Services” refers to the range of offerings provided by Provider360 as part of the NDIS Packages. These Services may encompass but are not limited to, the editing of documentation, assistance with the submission of online applications and self-assessments, coordination and engagement with an NDIS Approved Quality Auditor, and conducting pre-audit reviews.
PRODUCT AND SERVICE DESCRIPTION
1. NDIS Packages:
- Templates: The NDIS Packages provided by Provider360 encompass a suite of templates designed to align with the NDIS Practice Standards and Quality Indicators. These templates are intended to serve as foundational tools to aid the Client in adhering to regulatory requirements effectively. The templates include, but are not limited to, policies, procedures, forms, and guides necessary for maintaining compliance with the NDIS framework.
- Scope of Template Provision: All NDIS Packages include generic templates that adhere to general standards and guidelines as established by the NDIS Commission. These templates are developed to ensure robust compliance support and are regularly updated to reflect any changes in regulations or practice standards.
- Objective: These comprehensive templates and materials were designed to support the Client in achieving and maintaining adherence to the NDIS Practice Standards and Quality Indicators, ensuring high-quality service delivery to participants. Through the use of these templates, the Client is equipped to efficiently manage their operations, streamline their processes, and enhance their readiness for NDIS audits. Furthermore, these Packages aim to empower the Client with the knowledge and tools necessary for successful engagement with the NDIS framework, facilitating a pathway towards operational excellence and improved participant outcomes.
- Client’s Customisation Responsibilities: The responsibility to customise these templates to meet specific organisational needs and business operations lies solely with the Client. Customisation involves tailoring the content of the templates to accurately reflect the unique aspects of the Client’s service delivery, operational context, and client demographics. This customisation is critical for the templates to be practically applicable and effective in the Client’s specific environment.
- Client’s Responsibility for Audit Submission: The Client is responsible for providing customized documents, including but not limited to policies and procedures, forms, registers, handbooks, and guidelines, to their chosen NDIS Approved Quality Auditor for their NDIS Quality Audit. This step is crucial for demonstrating compliance and operational readiness during the audit process. Proper customisation and presentation of these documents are critical to achieving a favourable outcome in the NDIS Quality Audit.
- Client Acknowledgment: By purchasing any NDIS Package and utilising the templates provided in the NDIS Packages, the Client acknowledges and accepts the responsibility for their customisation. The Client agrees that they are fully responsible for ensuring that the adapted documents comply with all current NDIS guidelines and their specific organisational practices. Provider360 is not liable for any issues, non-compliance, or liabilities that arise due to the Client’s failure to appropriately customise and implement the provided templates.
- Support: While Provider360 does not engage in direct customisation of documents, we are available to provide guidance on how the templates can be effectively adapted. This support aims to assist the Client in understanding the scope and application of the templates within the context of their own operations but does not extend to direct customisation.
- Updates Following Regulation Changes: Provider360 is committed to ensuring that all templates in our NDIS Packages remain compliant with current legislation, rules and standards. In the event of legislative or regulation changes, we will update the affected documentation to reflect these changes within a period of up to three (3) months. It is essential for the Client to be aware that access to the updated documentation will be available after these revisions are complete. Clients are required to wait for this period to obtain the newly updated templates if this feature is included in their purchased NDIS Package.
- Disclaimer: Provider360 is committed to maintaining the accuracy, currency, and reliability of all templates included in our NDIS Packages. We acknowledge that despite our rigorous efforts, occasional errors or omissions may occur. To address this, Provider360 is committed to promptly correcting any such inaccuracies reported by our clients. It remains the responsibility of the Client to thoroughly review and customise the documentation provided to ensure it meets their specific business requirements and operational needs. We encourage clients to report any discrepancies or issues they encounter so that we can ensure the highest standards of quality and accuracy in our templates.
2. Services:
As part of the NDIS Packages, Provider360 also offers the following additional or extra support:
a) NDIS Online Application and Self-Assessment Submission Assistance:
This term is designed to clarify the scope of services provided by Provider360 in relation to the assistance with the NDIS Online Application and Self-Assessment Submission:
- Scope of Assistance: If included in the Client’s purchased NDIS Package or Service, Provider360 will assist the Client with a critical step in the NDIS registration process—the submission of the NDIS Online Application and Self-Assessment on the NDIS Commission Portal. Provider360 will make the submission based solely on the information provided and approved by the Client. No additional information will be included without the Client’s direct provision or written approval.
- Client Participation and Accountability: The Client must actively participate in preparing the application and associated documents. According to NDIS Commission guidelines, the Client is accountable for the accuracy and completeness of their registration applications. It is crucial that:
- The Client’s application truthfully represents their organisation and key personnel.
- The Client demonstrates their organisation’s suitability to deliver disability supports independently.
- The Client does not solely rely on Provider360’s advice service for expertise.
- Review of Self-Assessment Answers: Provider360 will provide the Client with templates for the Self-Assessment answers for review. The Client is required to customise these answers to align with their business operations and specific circumstances. The NDIS Commission emphasises the importance of avoiding generic responses to ensure that the answers reflect the Client’s particular situation.
- Submission Based on Provided Information: All information and answers submitted in the NDIS Online Application and Self-Assessment, which Provider360 will file on behalf of the Client on the NDIS Commission Portal, will be based solely on the information the Client provides in the NDIS Provider Registration Form and any additional information the Client provides directly to Provider360.
- Single Submission Commitment: Provider360 commits to a single submission of the NDIS Online Application and Self-Assessment on behalf of the Client through the NDIS Commission Portal if the Client has purchased our NDIS Premium or Platinum Package or the add-on service titled “NDIS Online Application and Self-Assessment Submission”.
- Additional Submission Charges: It is important to note that any subsequent requests for submissions beyond the initial one will result in additional fees. These fees are the responsibility of the Client and must be borne by them.
- Accuracy of Client-Provided Information: Provider360 is not responsible for the accuracy and truthfulness of the information provided by the Client in the NDIS Provider Registration Form or through other forms of communication, such as email.
- Client Responsibility for Rectification: In the event that the Client provides incorrect or inaccurate information in the NDIS Provider Registration Form and fails to rectify these errors prior to the submission of the NDIS Online Application and Self-Assessment, Provider360 absolves itself from any responsibility related to these inaccuracies. Consequently, Provider360 will not proceed with a second submission without additional charges. The Client will be required to bear the costs associated with any further submissions necessitated by their initial errors.
- PRODA Account Access Authorisation: For Provider360 to proceed with the submission of the NDIS Online Application and Self-Assessment via the NDIS Commission Portal on the Client’s behalf, the Client is required to provide their PRODA Account login credentials to Provider360. By providing these details, the Client expressly authorises Provider360 to utilise these login credentials exclusively for the purpose of conducting the submission of the Online Application and Self-Assessment. This authorisation is granted in writing and with the understanding that Provider360 will adhere to strict confidentiality and security protocols, ensuring that the use of the PRODA Account details is limited solely to the agreed submission process and safeguarded against unauthorised access or use.
b) NDIS Approved Quality Auditor Engagement:
These terms are designed to clarify the scope of services provided by Provider360 in relation to NDIS Approved Quality Auditor Engagement:
- Initial Introduction Facilitation: As part of the NDIS Package, Provider360 will facilitate an initial introduction between the Client and their chosen NDIS Approved Quality Auditor. This introduction is a foundational step meant to connect the Client with a suitable NDIS Approved Quality Auditor for their needs.
- Choice of NDIS Approved Quality Auditor: The Client will be presented with the list of all NDIS Approved Quality Auditors, including those recommended by Provider360 (read the Referral Disclaimer below for more information). The Client is responsible for selecting an NDIS Approved Quality Auditor from this list, who will then be engaged by Provider360.
- Client’s Responsibility in Ongoing Engagement: Following our introduction, the Client is solely responsible for all aspects of the ongoing engagement with the NDIS Approved Quality Auditor. The Client must manage and coordinate with the auditor directly, including but not limited to:
- Scheduling and booking the audit date.
- Providing the necessary NDIS documentation to the auditor for review.
- Ensuring that their key personnel and workers are fully prepared for the audit.
- Maintaining active communication and coordination with the NDIS Approved Quality Auditor throughout the audit process.
- Provider360’s Limited Involvement: Provider360’s involvement is limited to the initial introduction to the NDIS Approved Quality Auditor. We do not:
- Attend audits on behalf of the Client.
- Accompany the Client during their audit.
- Participate in the audit process beyond the initial introduction.
- Client’s Responsibility for Audit Success: The Client acknowledges that it is their responsibility to ensure the success of the audit process through customisation of all NDIS documentation included in the NDIS Package, diligent preparation and engagement with the NDIS Approved Quality Auditor.
- Requesting Quotes: This service does not encompass the task of requesting quotes from various NDIS Approved Quality Auditors on behalf of the Client. It is the Client’s responsibility to approach the NDIS Approved Quality Auditors directly to obtain quotes. Once the Client has selected a preferred NDIS Approved Quality Auditor to initiate the audit process, they should inform Provider360. Subsequently, Provider360 will engage with the chosen NDIS Approved Quality Auditor on behalf of the Client to commence the audit process.
c) NDIS Documentation Editing Service:
These terms are designed to clarify the scope of services provided by Provider360 in relation to the NDIS Documentation Editing Service:
- Service Description: The NDIS Documentation Editing Service provided by Provider360 involves the editing or branding of all documents included in the NDIS Package(s) purchased by the Client, including but not limited to policies, procedures, forms, and registers.
- Forms and Registers Responsibility: Please note that the NDIS Documentation Editing Service provided by Provider360 does not include the filling in of forms or registers on behalf of the Client. It is the sole responsibility of the Client to appropriately use and implement the edited documents, including the completion of any forms or registers as required.
- Examples and Samples for Reference: Provider360 may provide examples and samples of completed forms or registers for reference purposes only. These examples and samples are intended to assist the Client in understanding how to correctly complete the documents but do not constitute the actual filling in of forms or registers on the Client’s behalf.
- 48-Hour Delivery Commitment: Provider360 commits to delivering the edited documents to the Client within a period of 48 business hours from the time when the complete and accurate information is received from the Client through the NDIS Provider Information Form. This timeframe is calculated based on business days and excludes weekends and public holidays.
- Client’s Responsibility: The Client is responsible for providing Provider360 with all necessary documents and information required for the editing process. Delays in the provision of complete and accurate information may result in a corresponding delay in the delivery timeframe.
- Revision Requests: If the Client identifies any issues or requires further revisions to the edited documents, they must promptly communicate their feedback to Provider360 at support@provider360.com.au. Provider360 will make reasonable efforts to address and resolve such requests within a reasonable timeframe.
- Confidentiality: Provider360 maintains strict confidentiality regarding the content of the information and documents provided by the Client. All documents and information shared with Provider360 are treated with the utmost confidentiality and are not disclosed to third parties without the Client’s explicit consent.
- Audit Success: While Provider360 strives to provide accurate and compliant document editing, the editing process alone does not guarantee the success of an NDIS audit. The Client’s compliance with NDIS Practice Standards and Quality Indicators also depends on the implementation and use of the edited documents in their operations.
d) Pre-Audit Review:
These terms are designed to clarify the scope of services provided by Provider360 in relation to the Pre-Audit Review:
- Service Overview: Provider360 shall provide pre-audit review services to the Client aimed at preparing the Client for an upcoming NDIS audit.
- Comprehensive Assessment: The pre-audit review will be conducted remotely and shall include a comprehensive assessment of the Client’s NDIS documentation (policies and procedures, forms and registers), as well as other relevant evidence (i.e., HR documents, insurance documents, etc).
- Document Submission: The Client shall be required to provide a copy of the following documents via a shared drive folder:
- Current NDIS policies and procedures.
- Relevant forms and registers.
- HR documentation.
- Insurance documentation.
- Participant files (if authorised by the NDIS participant).
- Any other documents essential for the audit process.
- Pre-Audit Review Report: Upon completion of the pre-audit review, Provider360 will generate a comprehensive Pre-Audit Review Report. This report will highlight findings, missing information, non-conformities, and any other relevant observations related to the Client’s documentation.
- Client’s Responsibility: The Client is responsible for addressing all issues identified in the Pre-Audit Review Report to ensure their documentation and processes align with the NDIS Practice Standards and Quality Indicators. It is imperative that the Client takes timely and effective action to rectify any deficiencies or non-conformities noted in the report, as these are critical for achieving compliance with NDIS requirements and for the successful outcome of the NDIS audit.
- Client’s Responsibility for Audit Information: Provider360 cannot be held responsible for any documentation or information that may be missing or incomplete for the actual NDIS audit. The responsibility for ensuring the completeness and accuracy of documents ultimately rests with the Client.
- One-Time Pre-Audit Review: The pre-audit review shall be conducted only once for each engagement. Should the Client require additional pre-audit reviews, they shall be subject to an additional payment.
- Client’s Obligation for Additional Information: The Client acknowledges that Provider360 is not responsible for any additional information requested by the NDIS Auditors during the audit that was not included in the pre-audit review report. The responsibility for providing any such additional information rests solely with the Client. The Client further understands that the NDIS Approved Quality Auditor may request additional documentation at their discretion, and the Client is expected to cooperate with these requests to demonstrate compliance with NDIS Practice Standards and Quality Indicators.
- Confidentiality: Both parties shall maintain the confidentiality of all information and documentation shared during the pre-audit review. All information provided by the Client shall be treated as confidential and shall not be disclosed to third parties without the Client’s written consent.
By engaging Provider360’s Pre-Audit Review services, the Client acknowledges that they have read, understood, and agree to be bound by these terms and conditions.
OWNERSHIP AND LICENSE
- Ownership of Materials: All materials, including but not limited to policies, procedures, forms, registers, handbooks, templates, guides, and other resources provided as part of the NDIS Packages by Provider360, are the exclusive property of Provider360 or its licensors. This includes all intellectual property rights in such materials.
- License Grant: Provider360 grants the Client a non-exclusive, non-transferable, revocable license to use the provided materials solely for the purpose of achieving and maintaining compliance with the NDIS Practice Standards and Quality Indicators within the Client’s organisation.
- Permitted Use: The Client may use the materials provided for internal business operations related to the NDIS only. The Client is permitted to customise the documents for their internal use to ensure compliance with NDIS requirements.
- Restrictions: The Client shall not:
- Copy, distribute, publicly perform, publicly display, or create derivative works from the materials except as expressly permitted under these Terms.
- Use the materials for any purpose not expressly permitted by these Terms, including but not limited to commercial resale, sublicencing, or distribution.
- Remove any proprietary notices or labels on the materials
- Intellectual Property Protection: The Client acknowledges that all intellectual property rights are and shall remain the property of Provider360 or its licensors. Nothing in these Terms shall be construed to transfer any rights, title, or interest in the materials to the Client, other than the rights granted herein.
- Compliance with Laws: The Client agrees to use the materials in compliance with all applicable laws, regulations, and standards.
- Termination of License: The license granted under these Terms may be terminated by Provider360 at any time if the Client is found to be in breach of any provision of these Terms. Upon termination, the Client must immediately cease using the materials and destroy all copies, full or partial, of the materials.
- No Warranty: The materials are provided “as is,” and Provider360 makes no warranties regarding the accuracy, completeness, or fitness for a particular purpose of the materials. The Client assumes all risks associated with the use of the materials.
- Indemnification: The Client agrees to indemnify, defend, and hold harmless Provider360 and its licensors from any claims, damages, losses, or expenses arising from the Client’s breach of these Terms or misuse of the materials.
By using the NDIS Packages and related materials provided by Provider360, the Client agrees to these Ownership and License Terms and Conditions.
INTELLECTUAL PROPERTY
- Protection Under Intellectual Property Laws: The NDIS Package and all its components are safeguarded by intellectual property laws, encompassing copyrights, trademarks, and other relevant legal protections. The Client is authorised to utilise the NDIS Package for business purposes only. Unauthorised copying, distribution, sale, or any form of commercial exploitation without explicit prior written consent from Provider360 is strictly prohibited. Furthermore, the creation of derivative works, reverse engineering, or any other form of intellectual property exploitation of the NDIS Packages is not permitted.
- Ownership of Intellectual Property: Provider360 retains full ownership of the intellectual property rights in all materials included in the NDIS Packages purchased by the Client. This comprehensive ownership extends to all policies, procedures, forms, registers, templates, and any other materials provided. While the Client is granted access to these documents for the purpose of copying, editing, and modifying for their internal operational use, the following actions are expressly prohibited:
- Renting, selling, or sublicensing the documents.
- Reproducing, duplicating, or copying any document with the intent to rent, sell, or sublicense.
- Redistributing the content of these documents in any manner, including but not limited to posting on social media platforms.
- Providing these materials to a consultant, business owner, or any third party in a manner that violates the terms of this agreement.
- Usage Rights and Restrictions: The documents provided as part of the NDIS Packages are intended for the Client’s use in accordance with the terms of purchase, primarily to assist in their compliance and registration processes with the NDIS Commission or for engagement with an NDIS Approved Quality Auditor. Despite this, the documents remain the property of Provider360 under all circumstances.
- Legal Consequences of Misuse: Any misuse of the intellectual property contained within the NDIS Package will result in the Client or their organisation being responsible for all associated legal fees. Provider360 is committed to enforcing its intellectual property rights and will take necessary legal action to protect its interests.
- Access Termination Policy for NDIS Documentation and Membership Privileges: Provider360 reserves the unequivocal right to terminate access to the NDIS documentation and any associated membership privileges if there exists reasonable suspicion of non-compliant or suspicious use of the NDIS documentation and intellectual property by the Client. In such instances, Provider360 retains sole discretion to conduct an investigation to ascertain the veracity of the allegations. Should the investigation substantiate the suspicions and warrant such action, Provider360 reserves the authority to permanently revoke access without prior notification to the Client. This policy is implemented to safeguard the intellectual property rights and legal interests of Provider360 in accordance with Australian law.
By purchasing and using the NDIS Package, the Client acknowledges and agrees to these Intellectual Property Terms, ensuring respect for the legal protections in place and acknowledging the limitations on the use of the provided materials.
USE OF THE NDIS PACKAGE
These terms are designed to clarify the scope of liability and responsibility between Provider360 and the Client, ensuring the Client is aware of their obligations and the importance of using the NDIS Package materials as intended for their operations.
- Scope of Use:
- The NDIS Package provided by Provider360 is specifically designed for individuals and organisations seeking support with NDIS documentation and compliance. Its purpose is to facilitate the Client’s understanding, preparation, and management of required NDIS documentation in alignment with current NDIS Practice Standards, rules and regulations.
- The NDIS Package provided by Provider360, including all templates and documents, is intended for use by the Client to assist in their operations and compliance with NDIS Practice Standards, rules and legislation. It is the Client’s responsibility to utilise these resources appropriately and in accordance with their intended purpose.
- Limitation of Responsibility: Provider360 shall not be held responsible if the Client fails to use the templates or documents included in the NDIS Packages appropriately, uses them incorrectly, or employs them for purposes other than those intended. The correct application of these materials in the Client’s operations is solely the Client’s responsibility.
- Consequences of Misuse: In the event that the Client is sanctioned, penalised, or otherwise disciplined by the NDIA, NDIS Commission, or any other governmental, State or Territory or regulatory authority due to the inappropriate use of the documentation, incomplete documentation, or non-compliance arising from the misuse of the provided documents and materials, Provider360 will not be liable for any outcomes resulting from such actions.
- Indemnification: The Client agrees to indemnify and hold harmless Provider360 from any claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from or related to the improper use of the NDIS Package materials or templates. This includes any legal actions or sanctions by governmental or regulatory bodies due to non-compliance or misuse of the provided documentation by the Client.
- Personal and Non-Commercial Use: The NDIS Package is licensed for the Client’s personal and non-commercial use only. This entails that the Client may utilise the templates and materials within the NDIS Package to support their own NDIS registration, compliance, and ongoing management processes.
- Prohibitions on Resale and Distribution:
- The Client is expressly prohibited from reselling, redistributing, or transferring the NDIS Package—or any component thereof—to any third party. This restriction includes, but is not limited to, any documentation, templates, guides, and other materials contained within the NDIS Package.
- Any intent to share, distribute, or commercialise the contents of the NDIS Package beyond the Client’s internal use requires prior written consent from Provider360. Such consent, if granted, will be subject to specific terms and conditions to be agreed upon by both parties.
- Intellectual Property Rights:
- All contents of the NDIS Package, including texts, graphics, logos, templates, and all other materials, are the property of Provider360 or its content suppliers and are protected by copyright and other intellectual property laws.
- The license granted to the Client under these terms does not confer any ownership rights in the intellectual property of the NDIS Package.
- The Client is granted a limited license to use the NDIS Package as per these terms, without any right to replication, modification, or creation of derivative works for commercial purposes.
- Compliance with Terms: The Client agrees to comply fully with these terms and conditions in their use of the NDIS Package. Failure to adhere to these terms may result in the termination of the license granted to the Client, with potential legal action for breach of contract and intellectual property rights infringement.
By using the NDIS Package, the Client acknowledges their understanding and acceptance of these terms, including the responsibility to employ the provided materials correctly and the agreement to indemnify Provider360 against any repercussions of misuse or non-compliance. The Client assumes all responsibility for any consequences arising from their actions related to the use of the NDIS Package.
CLIENT RESPONSIBILITIES IN REGISTRATION OR RENEWAL APPLICATIONS
When applying for NDIS registration or renewal, the Client, referred to as “Applicant” in this context, is primarily responsible for the content of their application. While Provider360 can provide support, guidance and advisory services to assist with the application process, the following expectations are set by the NDIS Commission:
- Active Participation: The Applicant must be substantially involved in the preparation of the application and associated documents, ensuring active engagement throughout the process.
- Accurate Representation: The application must truthfully reflect the nature and operations of the Applicant’s organisation and its key personnel. It should provide a genuine portrayal that is not solely reliant on the input from Provider360.
- Demonstration of Suitability: The Applicant must demonstrate their organisation’s suitability to deliver disability supports and not rely on the expertise of the consultancy or advice service.
If the Applicant engages Provider360 for assistance with their NDIS application:
- Understanding and Explanation: The Applicant must understand the content of the submitted application and be capable of explaining it adequately if required by the NDIS Commission.
- Specificity and Originality: Responses and documents provided in the application must be specific to the Applicant’s organisation and not merely direct copies of purchased or externally sourced documents.
- Compliance and Accuracy: The application and supporting documents must clearly outline how the organisation complies with NDIS provider responsibilities, with all information provided being true and accurate.
- Policy Accuracy: Any policies submitted as part of the application must accurately reflect the operational practices of the organization concerning the delivery of NDIS supports.
Providing false or misleading information in an application for NDIS registration is a serious offence, contravening section 73D of the National Disability Insurance Scheme Act 2013, subject to civil penalties. Alternatively, under section 137.1 of the Criminal Code Act 1995, such acts may constitute a criminal offence.
Registered NDIS providers may face suspension or revocation of their registration if they are found to have provided false or misleading information during their registration application process.
By agreeing to these terms, the Client acknowledges their understanding of and commitment to their responsibilities in ensuring the integrity and accuracy of their NDIS registration or renewal application.
DISCLAIMER OF LIABILITY
- No Warranties Provided: The NDIS Package offered by Provider360 is made available on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
- Limitation of Liability: Provider360, including its directors, employees, agents, affiliates, or suppliers, shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, or any other damages of any kind arising from or in connection with the use of the NDIS Package, the inability to use the NDIS Package, or from any information, content, materials included in or otherwise made available through the NDIS Package. This limitation applies regardless of whether the damages are claimed under the terms of a contract, as the result of negligence or otherwise, and even if Provider360 or its representatives have been negligent or have been advised of the possibility of such damages.
- Accuracy of Information: While Provider360 strives to ensure that all information provided as part of the NDIS Package is accurate and up to date, we cannot guarantee that all information is free of errors, inaccuracies, or omissions. The Client is responsible for verifying any information before relying on it.
- Use at Your Own Risk: The Client acknowledges and agrees that the entire risk arising out of their use of the NDIS Package remains solely with them, to the maximum extent permitted by law.
- Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to the Client. To the extent that Provider360 may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Provider360’s liability shall be the minimum permitted under such applicable law.
CLIENT INQUIRIES
These terms and conditions have been established to guarantee that Clients are fully informed about the procedure for submitting inquiries to Provider360 concerning the NDIS Packages or the registration process.
- Contacting Customer Service: To ensure efficient handling of inquiries and to maintain a record of communications, if the Client has questions or needs clarification regarding the content of their purchased NDIS Package and/or guidance regarding the NDIS registration or audit process, they must contact our customer service team exclusively via email at support@provider360.com.au. This method ensures that all inquiries are documented and addressed systematically, allowing us to provide precise and thorough responses tailored to each client’s specific needs.
- Email Inquiry Process: Upon receipt of an email inquiry, our dedicated customer service team will review and respond as quickly as possible, typically within one to two business days.
- Acknowledgement of Communication Policy: By choosing to communicate with Provider360 for any inquiries related to the NDIS Packages or the registration or audit process, the Client acknowledges and accepts that all communications must be conducted via email. This policy helps maintain a high standard of service and ensures that all client interactions are logged for continuity and quality control.
- Ensuring Effective Communication: The Client is encouraged to provide as much detail as possible in their emails to facilitate a comprehensive and effective response. Our team is prepared to handle a range of inquiries, from simple questions about package contents to more complex requests for guidance on their application, audit or registration process.
CLIENT SATISFACTION GUARANTEE
By engaging with Provider360 and utilising our NDIS Packages, the Client acknowledges the following terms, understanding the scope and limitations of our guarantee of outcomes:
Guarantee of Client Satisfaction:
Provider360 is committed to providing high-quality templates and materials as part of the NDIS Packages. We guarantee client satisfaction with the quality and usability of the templates included in the package, which are designed to be compliant with the NDIS Practice Standards and Quality Indicators when used appropriately.
Limitations on Guarantee:
While we ensure the quality of all templates and materials included in our NDIS Packages, it is important to note that Provider360 does not guarantee the NDIS registration of any of our Clients nor success with regard to NDIS Approved Quality Audit outcomes. These outcomes depend on various factors beyond our control, including but not limited to the Client’s customisation and implementation of the templates, the accuracy of the submitted information, and adherence to the NDIS Practice Standards during the audit process. However, we stand by the quality of our products and guarantee client satisfaction with any of our NDIS Packages or products.
Exclusive Sourcing of Documentation:
The effectiveness of our satisfaction guarantee is contingent upon the Client obtaining all required NDIS documentation exclusively from Provider360. If the Client sources any part of their documentation from other providers, we cannot ensure the effectiveness or compliance of those external documents.
Conditions for Money-Back Guarantee:
At Provider360, we stand behind the quality and effectiveness of our NDIS Packages. If your NDIS audit is unsuccessful solely due to the content of the documentation provided in our NDIS Packages, we offer a full refund. This guarantee reflects our confidence in the compliance and reliability of our documents and materials to meet the NDIS Practice Standards and Quality Indicators, ensuring your peace of mind and satisfaction with our services.
FACTORS INFLUENCING REGISTRATION AND AUDIT SUCCESS OUTCOMES:
Success in obtaining NDIS registration and achieving favourable outcomes in quality audits depends on several critical factors:
- Customisation and Implementation of NDIS Policies and Procedures: All policies and procedures, forms and templates provided as part of the NDIS package must be customised accurately to demonstrate how the client will deliver NDIS supports and services in line with regulatory expectations. If the Client purchases any of our NDIS Packages, the NDIS Commission expects the following:
- Application Specificity: The responses submitted in the client’s registration application must be specific to their organisation and reflect the actual business operations and circumstances.
- Accuracy of Supporting Documents: All application documents and supporting evidence must accurately outline the organisation’s compliance with NDIS provider responsibilities.
- Personnel Information: Information provided about personnel in the application must be precise and truthful, avoiding reliance on generic descriptions.
- Policy Accuracy: Any policies submitted as part of the application must accurately reflect the operational practices of the Client’s organisation concerning the delivery of NDIS supports and services.
- Qualification and Certification Requirements: The success of an audit or registration largely depends on the Client’s ability to provide disability supports and demonstrate this capability effectively during an audit. Unfavourable outcomes may occur if the Client or their staff lacks the necessary qualifications, experience, or certifications required for the specific registration groups or support classes they intend to register for.
- Significant Alterations to Documents: Modifying the documents from the NDIS Package significantly, whether by the Client or someone within their organisation, can lead to a deviation from the NDIS Practice Standards and Quality Indicators. Such alterations may compromise the effectiveness of the templates, and as a result, the registration or audit outcomes may not be favourable. Additionally, Provider360 will not uphold the client satisfaction guarantee under these conditions.
- Mismatch of NDIS Package and Audit Module: Using NDIS Package documentation that does not align with the purchased NDIS Package—for example, using the NDIS Verification Standard Package for a Certification audit—can lead to adverse outcomes. The Client is responsible for ensuring they purchase the correct NDIS Package and should review their Initial Scope of Audit to confirm the NDIS modules against which they will be audited, ensuring that the purchased Package corresponds appropriately.
- Non-Document Related Non-Conformities: Issues identified by the NDIS Approved Quality Auditor that are unrelated to the documentation provided, such as missing entries in the Risk Register, incorrect or absent qualifications/experience, or inadequate insurance coverage, can negatively impact the audit or registration results.
- Inconsistencies in Documentation Submission: Discrepancies between the documentation provided to the NDIS Approved Quality Auditor and the information submitted via the NDIS Commission Portal, or inconsistencies in the Initial Scope of Audit, can jeopardise the success of registration and audit processes.
By purchasing and using the NDIS Package, the Client agrees to these terms, recognising that while Provider360 provides tools and support to facilitate compliance, the successful outcome of an audit depends on various factors including the Client’s implementation and adherence to NDIS guidelines.
AMENDMENTS
These terms and conditions ensure that, in the event of non-compliant documents identified during the NDIS Quality Audit, Provider360 will take proactive steps to rectify the issues without imposing any additional charges on the Client. The aim is to facilitate compliance with the NDIS standards and indicators, ensuring a smooth audit process.
- Resolution of Non-Compliant Documents: In the event that non-compliant documents, such as policies, procedures, forms, registers or handbooks, are identified during the NDIS Quality Audit, Provider360 is committed to taking the necessary measures to address and resolve these issues promptly and efficiently.
- No Additional Cost for Resolutions: Provider360 will undertake the correction of any issues discovered during the NDIS Quality Audit that are related to non-compliant documents at no additional cost to the Client.
- Scope of Amendments: Amendments to address non-compliant documents may encompass various actions, including but not limited to revising, updating, or enhancing the documents to align with the current NDIS Practice Standards and Quality Indicators.
PAYMENT AND REFUNDS
These terms and conditions are put in place to ensure clear understanding and agreement between Provider360 and the Client regarding the payment, refund policy, and the non-transferability of the purchased NDIS Package(s).
- Payment Terms: Payment for the NDIS Package(s) provided by Provider360 is required to be made in full at the time of purchase or through instalment payments, based on the payment method selected by the Client. The Client commits to finalising the payment process, whether in one lump sum or according to an agreed-upon instalment plan, to gain access to the NDIS Package(s).
- No Refund Policy: Provider360 operates under a strict no-refund policy for all NDIS Package(s) purchased. Regardless of whether the payment is made in full or through instalments, once the Client completes the transaction, the purchase is deemed final. Consequently, the NDIS Package(s) cannot be refunded or transferred to any other party.
- Non-Transferability: The NDIS Package(s) purchased by the Client are for the Client’s use only and cannot be transferred, shared, or sold to another party. The license and rights granted to the Client for using the NDIS Package(s) are personal and non-transferable.
- Clarification and Inquiries: The Client is encouraged to carefully review the details of the NDIS Package(s) before making a purchase. For any clarifications or inquiries related to payment, refunds, or the content of the NDIS Package(s), the Client may contact Provider360 at support@provider360.com.au for assistance prior to making a purchase.
- Payment Plan:
- GoCardless Payment Platform: Some NDIS Packages can be purchased through a payment plan consisting of four equal instalments. Payments are to be made via direct debit using the GoCardless payment platform.
- Fortnightly Payments: The instalments are to be paid fortnightly. The instalment due dates will be calculated from the date of the first payment.
- Payment Method: Payments are to be made via direct debit using the GoCardless payment platform.
- Automatic Debit Authorisation: By selecting this payment option, the Client authorises the automatic debiting of the agreed-upon instalment amount from the nominated bank account or credit card provided by the Client.
- Non-Cancellable Payment Plan: Once the first payment is made and the documentation delivery process is initiated, the payment plan becomes non-cancellable. Refunds will not be issued for any instalment payments made.
- Incremental Documentation Delivery: The NDIS documentation included in the NDIS Mega Package will be delivered incrementally as the Client makes the instalment payments. The delivery schedule is as follows:
- 1st Payment: NDIS Module 2A and NDIS Module 3 Documentation will be provided upon completion of the first payment.
- 2nd Payment: NDIS Module 4 Documentation will be provided upon completion of the second payment.
- 3rd Payment: NDIS Module 2 and NDIS Module 5 Documentation will be provided upon completion of the third payment.
- 4th Payment: NDIS Core Module and NDIS Module 1 Documentation will be provided upon completion of the fourth payment.
- Timely Delivery Dependence on Fund Clearance:
To ensure the prompt delivery of the NDIS documentation in accordance with the agreed instalment payment plan, it is imperative to recognise that each instalment payment must be successfully processed, and the funds must be deemed cleared in Provider360’s bank account. The delivery schedule of the NDIS documentation is directly linked to the confirmation of fund clearance for each respective payment. Delays in fund clearance may lead to corresponding delays in the documentation delivery as outlined in the original schedule. The Client must ensure the availability of sufficient funds and consider potential banking processing times when making payments to prevent disruptions in the documentation delivery process.
By proceeding with the purchase of the NDIS Package(s), the Client acknowledges and agrees to these payment and refund terms. The Client understands that once payment is processed, there will be no refunds or exchanges permitted, and the purchase is bound by these terms.
COOLING-OFF PERIOD FOR ADD-ON SERVICE
This clause outlines the terms and conditions related to the cooling-off period for specific add-on services, clarifying the eligibility, cancellation procedure, and refund entitlement for the Client during this period.
- Client’s Right to a Cooling-Off Period: Provider360 offers a cooling-off period of two calendar days for select add-on services to the Client. This cooling-off period begins from the date of the first payment or full payment for the service.
- Eligible Add-On Services: The cooling-off period is applicable to the following add-on services:
- NDIS Online Application and Self-Assessment Submission Assistance
- NDIS Pre-Audit Review Service
- NDIS Documentation Editing Service
- Exemption from Cooling-Off Period: If any of the mentioned add-on services have been provided to the Client before the expiration of the two-day cooling-off period, this cooling-off period is no longer applicable for those specific services.
- Cancellation Procedure: To initiate a cancellation, the Client is required to contact Provider360 within the specified two-day timeframe.
- Refund Entitlement: During the cooling-off period, if the Client chooses to cancel any of the eligible add-on services, they are entitled to a full refund for those services.
- Expiration of Cooling-Off Period: Once the cooling-off period of two calendar days expires, the Client is no longer eligible for a refund and is obligated to fulfil the payment terms as previously agreed upon with Provider360.
SHARING OF CONTACT DETAILS WITH PARTNERS
- Overview: Provider360 may share the Client’s business representative’s full name, email address, and contact number with partners such as insurance companies and NDIS Approved Quality Auditors to facilitate their obligations related to NDIS audits or to ensure compliant operations.
- Purpose: The sharing of contact details is intended to assist partners in fulfilling their responsibilities in preparation for NDIS audits or to support compliant operations. This may include communication regarding audit scheduling, document submission, compliance checks, and related matters.
- Client’s Consent: By purchasing any of the NDIS Packages and engaging Provider360’s services, the Client consents to the sharing of their business representative’s contact details with relevant partners for the specified purposes.
- Confidentiality: Provider360 and its partners are committed to maintaining the confidentiality and security of the shared contact details. These details will only be used for the purposes outlined in this agreement and will not be disclosed to third parties for unrelated purposes.
- Limited Use: The shared contact details will be used solely for the purposes of NDIS audit preparations, compliance checks, and related activities. Partners are prohibited from using the contact details for any other marketing or promotional purposes.
- Opt-Out Option: If the Client wishes to opt-out of sharing their contact details with partners, they must notify Provider360 in writing at support@provider360.com.au. However, opting out may affect the ability to effectively engage with partners for audit-related or compliance purposes.
- Responsibility: Provider360 will take reasonable measures to ensure that partners handle the shared contact details responsibly and in accordance with relevant privacy laws.
- Duration: This agreement regarding the sharing of contact details with partners remains in effect for the duration of the Client’s engagement with Provider360 and may continue thereafter to support ongoing compliance efforts.
By engaging Provider360’s services, the Client acknowledges that they have read, understood, and agreed to the sharing of their business representative’s contact details with partners for the specified purposes as outlined in these terms and conditions.
APPLICABLE TERMS AND CONDITIONS
These terms and conditions emphasise the importance of the Client’s understanding of the specific inclusions and features of the NDIS Packages at the time of their purchase. It also clarifies that any modifications or updates to these terms and conditions will not retroactively affect the Client’s purchase but will apply to future transactions.
- Inclusions and Features of NDIS Packages: The terms and conditions applicable to the Client at the time of purchase are those that outline the specific inclusions, features, and details of the NDIS Packages as they exist at the moment of purchase.
- Understanding Terms and Inclusions: It is the responsibility of the Client to thoroughly review and comprehend the terms and conditions, inclusions, features, and any associated details of the NDIS Packages available at the time of their purchase.
- Modifications to Terms and Conditions: Provider360 reserves the right to modify or update the terms and conditions, inclusions, and features of the NDIS Packages at any time, without prior notice. The terms and conditions applicable to the Client are those that are in effect at the moment of their purchase.
- Client Acknowledgment: By proceeding with the purchase of any NDIS Package, the Client acknowledges their awareness of and agreement to the terms and conditions, inclusions, features, and details of the NDIS Package as they exist at the time of purchase.
- Additional Information and Clarifications: For additional information, clarifications, or any inquiries regarding the terms, inclusions, and features of NDIS Packages, the Client is encouraged to reach out to Provider360’s customer service team at support@provider360.com.au.
SERVICE EXPIRY POLICY
- Overview: The services included in the NDIS Package, such as the Online Application and Self-Assessment Submission Assistance, NDIS Approved Quality Auditor Engagement, NDIS Pre-Audit Review Service, and NDIS Documentation Editing Service, should be utilised by the Client within one (1) year after the purchase. If the services are not used within the specified timeframe, they will expire, and the Client will be required to pay for these services separately as add-ons at the prevailing rates.
- Service Expiry: The services included in the NDIS Package, once purchased, are valid for a period of one (1) year from the date of purchase. If these services are not used within the specified timeframe, they will automatically expire. The expiration of these services will be considered as the Client’s agreement to forego the use of the expired services.
- Expiry Consequences: If the Client does not utilise the services within the one-year timeframe, they will expire, and the Client will no longer be entitled to access or use these services as part of the NDIS Package.
- Add-On Services: Should the Client wish to access any of the expired services after the one-year period, they will be required to pay for these services separately as add-ons at the rates prevailing at that time. These rates may differ from the rates included in the original NDIS Package.
- Service Availability: The availability of add-on services is subject to the discretion of Provider360 and may be subject to changes in pricing, terms, or availability.
- Notification: Provider360 will make reasonable efforts to notify the Client in advance of any changes to the pricing or availability of add-on services.
- Client’s Responsibility: It is the responsibility of the Client to ensure that they utilise the services included in the NDIS Package within the one-year timeframe to avoid expiration.
- No Refunds: Provider360 does not offer refunds or extensions for services that have expired due to non-utilisation within the specified timeframe.
By engaging Provider360’s services and purchasing the NDIS Package, the Client acknowledges and agrees to the terms regarding the expiration of services and the potential requirement to pay for add-on services if the services included in the NDIS Package are not utilized within the one-year timeframe.
ACCESS TO THE PROVIDER HUB
- Membership Duration: Access to the Provider Hub is contingent upon the type of NDIS Package purchased by the Client. Membership durations are as follows:
- NDIS Standard Packages: Access for 6 months from the date of purchase.
- NDIS Premium Packages: Access for 6 months from the date of purchase.
- NDIS Platinum Packages: Access for 12 months from the date of purchase.
- Documentation Updates: All updates to NDIS Documentation provided by Provider360 will be made available through the Provider Hub. The Client is encouraged to regularly check the Provider Hub to access the most updated versions of templates and documentation included in their purchased NDIS Package(s).
- Availability of Updated Templates: The Provider Hub serves as the central resource for all updated templates, documents, and other materials related to the NDIS Packages. The Client will find the latest versions of these resources within the platform, ensuring they always have access to the most current compliance materials.
- Intellectual Property Rights: All documents, materials, and resources available on the Provider Hub are the intellectual property of Provider360. The Client is granted a non-exclusive, non-transferable, revocable license to use these materials for the duration of their membership and beyond. The following actions are strictly prohibited:
- Reproducing, copying, or duplicating any content from the Provider Hub for resale or redistribution.
- Selling, sublicencing, or otherwise commercially exploiting any resources obtained from the Provider Hub.
- Sharing login credentials or allowing non-authorised users access to the Provider Hub.
- Compliance with Terms: Continued access to the Provider Hub is dependent on the Client’s compliance with these terms and conditions. Provider360 reserves the right to terminate access for any Client found to be in violation of these terms.
- Termination of Access: Access to the Provider Hub will automatically expire at the end of the membership period associated with the Client’s purchased NDIS Package. Continued access after this period requires the purchase of a new membership.
REFERRAL DISCLAIMER
Provider360 assumes no responsibility for the services provided to the Client by any third party recommended by us, including but not limited to Approved Quality Auditors, Software Companies, Insurance Brokers, Insurance Companies, and Marketing Agencies.
Provider360 may receive a referral fee from our partners if you choose to hire or engage their services based on our recommendation.
Under no circumstances shall Provider360 be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profits, arising from your use of third-party referral services, even if Provider360 has been advised of the possibility of such damages.
Notwithstanding anything to the contrary, Provider360’s liability to you for any cause whatsoever, regardless of the form of the action, will always be limited to the amount paid, if any, by you to Provider360 for the referral services. The Client acknowledges that no fees are paid by them to Provider360 for the referral.
INDEMNIFICATION
- Client’s Indemnification Agreement: The Client hereby agrees to indemnify and hold Provider360, its directors, employees, and affiliates harmless from any claims, damages, or expenses that may arise as a result of or in connection with their utilisation of our NDIS Packages.
- Scope of Indemnification: This indemnification encompasses, but is not limited to, claims related to infringement or violation of intellectual property rights, or any other claims, liabilities, losses, damages, costs, or expenses incurred by Provider360 due to the Client’s use of our NDIS Packages.
- Responsibility for Legal Costs: The Client acknowledges that they are responsible for any legal costs, including attorney fees, incurred by Provider360 in defence of such claims, damages, or expenses.
- Client’s Commitment: By utilising our NDIS Packages, the Client affirms their commitment to indemnify and protect Provider360 from any adverse consequences resulting from their actions or use of our service.
This indemnification clause ensures that the Client takes responsibility for any claims, damages, or expenses that may arise in connection with their use of the NDIS Packages, emphasising their commitment to protecting Provider360 from any associated legal or financial consequences.
CONFIDENTIALITY
Both parties agree to keep all confidential information received from the other party in relation to the services provided under these Terms confidential and to use it only for the purpose of fulfilling their obligations under these Terms.
GOVERNING LAW
This clause establishes the governing law and jurisdiction for any legal matters or disputes arising from these terms and conditions, ensuring that both parties understand and accept the legal framework under which any potential disputes will be resolved.
- Jurisdiction and Governing Law: These terms and conditions, including any disputes arising from or related to them, shall be governed by and construed in accordance with the laws of the State of South Australia, where Provider360 is located.
- Exclusive Jurisdiction: The parties agree that any legal action or proceeding arising from or related to these terms and conditions shall be exclusively brought in the state or federal courts located within the State of South Australia.
- Consent to Jurisdiction: By agreeing to these terms and conditions, the Client consents to the jurisdiction and venue of the courts described above and waives any objection they may have regarding jurisdiction or venue.
ENTIRE AGREEMENT
These terms and conditions constitute the entire agreement between the Client or the organisation they represent and Provider360 with respect to the NDIS Package and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the Client and Provider360 regarding the NDIS Package. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by us.
MODIFICATION OF TERMS
These Terms and Conditions may be modified at any time by us, and such modifications shall be effective immediately upon posting the modified terms and conditions on our website. It is the Client’s responsibility to review the Terms and Conditions periodically for any changes.
CONTACT US
If you have any questions about these Terms, please contact us at info@provider360.com.au. Our team will respond to your inquiry during our business hours.