National Disability Insurance Scheme
Participant Service Agreement
This agreement has been produced for Participants to use when entering into a Service Agreement with Plan Tracker Pty Ltd for use of the Plan Tracker App.
The NDIS and this Service Agreement
This Service Agreement is made for the purpose of providing services described below under the Participant’s National Disability Insurance Scheme (NDIS) plan.
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.
Subscription to use the Plan Tracker App (Services)
3.1. In order to access the Services, you must first purchase a subscription through the Application (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
3.2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
3.3. Once you have purchased the Subscription, you will then be required to register for an account through the Application before you can access the Services (the ‘Account’).
3.4. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(a) an email address (username)
(b) a telephone number
(c) a password
3.5. You warrant that any information you give to Plan Tracker in the course of completing the registration process will always be accurate, correct and up to date.
3.6. Once you have completed the registration process, you will be a registered member of the Application (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period’).
Additional expenses are the responsibility of the Participant or Nominee and are not included in the cost of the Service eg internet access and devices such as computer, tablet and phones.
Responsibilities of Plan Tracker
- protect the Participant’s privacy and confidential information in accordance with Plan Tracker privacy policies
- communicate openly and honestly in a timely manner treat the Participant with courtesy and respect
- consult the Participant on decisions about how supports are provided review the provision of supports with the Participant
- provide Services that meet the Participant’s needs and are in accordance with service descriptions as per the NDIS Price Guide and 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 the Participant
- give the Participant information about managing any complaints or disagreements and details of the Provider’s cancellation policy (if relevant)
- listen to the Participant’s feedback and resolve problems quickly give the Participant the required notice if the Provider needs to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information).
Responsibilities of Participant / Participant’s Nominee
- treat Plan Tracker with courtesy and respect discuss with Plan Tracker any concerns about the supports being provided adhere to the agreed time frames for subscription payments
- give Plan Tracker the required notice if you wish to end the Service Agreement (see ‘Ending this Service Agreement’ below for more information), and
- let Plan Tracker know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or you stop being a Participant in the NDIS.
Authority to Obtain and Release Information
I hereby authorise Plan Tracker to obtain and release information from the following person in relation to the provision of the above services. This authority remains valid until I am no longer receiving assistance from Plan Tracker however I am aware I can change or cancel this authority at any time.
All payments made in the course of your use of the Services are made using a Credit Card through Stripe (‘Stripe’). In using the Application, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their Application.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Plan Tracker can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Plan Tracker will provide you with a refund of the Subscription Fee in the event where we are unable to continue to provide the Services or we make a decision, at our absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).
Changes to this Service Agreement
Changes to this Service Agreement will be published via Service. The Member will be given 10 days to review and accept the new Service Agreement. If after 10 days the Member chooses not to accept the new Service Agreement then use of the Service cease.
Ending this Service Agreement
Should the Participant, or the Participant’s representative, wish to end this Service Agreement you must “Delete” the Participant and or delete your credit card information from within the Plan Tracker App. Access to the Service will then cease at the end of the Service Period (month). Service Fee refunds will not be given for any unused days. If either Party seriously breaches this Service Agreement the Service Agreement will be terminated immediately.
Feedback, complaints and disputes
Plan Tracker welcomes your feedback and has complaint policy to ensure that your concerns are addressed and we continually improve our level of customer satisfaction.
If you wish to give Plan Tracker feedback, you can contact us on 02 8212 2810 or via email firstname.lastname@example.org.
If your complaint or dispute is not resolved to your satisfaction you can contact the NDIS Quality and Safeguards Commission by calling 1800 035 544, visiting one of their offices in person, or visiting www.ndiscommission.gov.au for further information.
To protect our Participants and in line with NDIS guidelines, a report will be made to the Commission on any incident that is deemed to come under the NDIS Commission’s Mandatory Reporting requirements.
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;
- your NDIS plan is expected to remain in effect during the period the supports are provided; and
- you will immediately notify Plan Tracker if the NDIS Plan is replaced by a new plan or you stop being a Participant in the NDIS.
As part of providing services to you, Plan Tracker may be required to gather some of your personal information. You will only be asked for information that is necessary for us to provide services to you.
At times, Plan Tracker may engage offshore contracted third parties for the purposes of systems and software troubleshooting. While this work may involve the use of protected information, we make every effort to de-identify this data wherever possible and are held accountable to the highest privacy standards.
Information will only be released to parties for whom you have given consent through this agreement and at any time you can amend or withdraw this consent. Plan Tracker has established privacy policies and procedures to ensure your personal information will be treated confidentially, in accordance with the Information Privacy Act and related Australian Privacy Principles (1988).
Beyond these systems activities, your personal information will not be released to any party without your consent, with the exception of situations where:
- It is required by the law
- A Plan Tracker staff member believes there is an imminent risk to yourself or another party