Parties

This Service Agreement is to be read and agreed to by either; the participant if aged 18 or over, a participant's legal nominee or a participant's child representative, referred herein as the Nominee. 

ND Collective (ABN: 51662889901). 

Nominee: Means the participants legal nominee or participants child representative whose details are set out in Item 2 of the schedule.

Schedule

Participants Name*   

Date of Birth *  

NDIS Number *  

Plan Dates*  

Is there a nominee or child representative associated with the above participant?  

Please enter the details of the legal nominee/child representative below:

Service Specifications and Costs

Service Type = Capacity Building - Assessment Recommendation Therapy or Training - Occupational Therapist

Cost per pack= $ 242.49

Terms and Conditions

Engagement of Therapy@home by ND Collective 

This agreement (Agreement) will commence on the start date as specified in the Schedule and will continue until terminated in accordance with its terms (Term). ND Collective agrees to provide the Programs as specified in the Schedule during the Term in the manner as specified in the Schedule in accordance with the terms of this Agreement (Programs).

ND Collective may determine the manner or means by which it performs the Programs for the Nominee including but not limited to the delivery type and manner under which it endeavours to reach the goal of intervention of the Programs. 

ND Collective responsibilities

  • ND Collective is committed to provide services in a holistic, and family-centred way. 
  • ND Collective will use reasonable endeavours to provide the Programs to the Nominee in accordance with the Schedule in all material respects.
  • ND Collective agree to treat all information provided to them as private and confidential and will ensure safe and secure storage of any written documentation as per the privacy policy outlined on our website. If the Program is unavailable, the Nominee will be advised as soon as possible and alternative options will be presented.
  • ND Collective is committed to answering any enquiries (email, phone, verbal) within 5 business days

Nominee responsibilities

  • The Nominee is aware that they will be responsible for delivering the Programs in their intended format. Interventions to be implemented over time in the home or across settings by informal and formal supports.
  • The Nominee is aware that intervention Programs alone may not be sufficient to demonstrate progress. Therefore, the Nominee agrees to actively participate in additional intervention sessions with qualified Allied Health Professionals. 
  • The Nominee will advise ND Collective of any changes to their personal details that may impact the delivery of their Programs e.g.,
  • (contact number, address) or details as soon as practicable.

Payments

  • The process listed on this service agreement reflect the current ND Collective pricing schedule. NDIS pricing may change, and our prices may increase in line with the NDIS.
  • Therapy@home kits doe not provide 1:1 appointments or interventions. The Programs are designed to be self paced, and the pricing stated on the website for each program is inclusive of the items listed. 
  • The Nominee must pay each tax invoice submitted by ND Collective within 7 days of the invoice date. ND Collective reserve the right to withhold programs until payment has been received. 
  • If any tax invoice is not paid in full in cleared funds in accordance with this Agreement, ND Collective reserves the right to suspend the provision of the Programs until payment is received in full in cleared funds. 
  • Unless stated otherwise, the consideration for any supply under or in connection with this Agreement is exclusive of GST

Program Materials

The Nominee acknowledges that as part of their participation in the Programs, the Nominee will utilise the materials, concepts, and information related to the programs created or developed by ND Collective. 

The Nominee may only use the Program Materials for the purpose they were designed. ND Collective may change or update versions of Program materials however, ND Collective is under no obligation to release any such updates. The Nominee is responsible for the safety, wellbeing and supervision of children when engaging in program content and using theor associated materials. 

ND Collective Intellectual Property Rights

The Nominee agrees that ND Collective will own all rights, title and interest (including intellectual property rights) which subsist in or which may be obtained from the Intellectual Property and undertakes not to: 

  • Take or permit or omit any action which would or might: 
    • Invalidate or put in dispute ND Collective's title to the Intellectual Property or any part of it; 
    • Oppose any application for registration or invalidate any registration of the Intellectual Property or any part of it (including without limitation a registration of the Intellectual Property as a patent worldwide); 
    • Support any application to remove or undo ND Collective title in the Intellectual Property or any part of it; or Assist any other person directly or indirectly in any of the above
  • Use, copy, reproduce, reverse engineer, distribute, export, adapt, alter, modify, translate, publish, share, create derivative works, or publicly display any of the Intellectual Property anywhere in the world, without the prior written consent of ND Collective

To the extent necessary to give effect to this clause, assigns all of the intellectual property rights in such Intellectual Property to ND Collective.

Other than as expressly stated in these Agreement, the Nominee does not have any right, title or interest in the Intellectual Property. In this section, “Intellectual Property” means any intellectual property, including copyright and trademarks, and any application or right to apply for registration of any of these rights, and includes the following:

  • All Programs (including guidelines and instructions); 
  • All Program Materials; and any other material provided or otherwise delivered by ND Collective to the Nominee including (but not limited to) systems, documents, templates, text, graphics and information in the provision of all Programs.

 

Termination

Either party may terminate this Agreement at any time, without cause, on giving written notice to the other party. Termination or expiry of this Agreement does not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry

Disclaimer

The Programs provide general information and discussion about children, health and related subjects. The advice or content provided to the Nominee during the provision of the Programs is not and should not be construed as medical advice and is to be taken as general information only. 

The Programs are not intended to establish a doctor/health practitioner-patient relationship between ND Collective and the Nominee (or the Client), nor is it intended to replace the services of a healthcare professional. The Programs are designed to support, not replace this relationship. The Programs are not a clinical tool and should not be relied on as a substitute for any professional medical or health advice, diagnosis or treatment. ND Collective cannot and does not at any time, assume the role of the Nominee's (or the Client's) doctor or other health care professional. 

The Nominee should not rely on any advice or content provided during the provision of the Programs in making medical, health-related or any other decisions of any kind. The Nominee should verify the accuracy of any information with a doctor/health practitioner. If at any time the Nominee notices changes to the health (physical, mental or emotional) of the Client, the Nominee should seek medical attention for the Client immediately.

No Representations and Warranties

ND Collective provides the Programs on an "as-is" basis and whilst every effort is taken to ensure that any content and/or advice provided is accurate, ND Collective makes no representations and give no warranties about the currency, suitability, reliability, availability, timeliness and/or accuracy of the content and/or advice for any purpose. Subject to the other terms of this clause and to the maximum extent permitted by any applicable laws, ND Collective provides the Programs without any representations or warranty of any kind and ND Collective expressly excludes such warranties. The Nominee acknowledges and agree that:

  • ND Collective does not make any representations in relation to the continuing availability of the Programs; 
  • ND Collective does not promise that any advice or content will be error-free or uninterrupted, or that the Nominee's (or the Client's) participation in the Programs will provide any specific results; 
  • ND Collective does not represent or warrant that the Nominee's use of the Programs will meet any particular requirements or provide any desired outcomes (such as cure any disease), whether those requirements are disclosed or not and whether or not they are specified in the Schedule; 
  • The Nominee assumes total responsibility for their use of the Programs; 
  • The Nominee relies on the Programs and any information or guidance provided by ND Collective to the Nominee throughout the provision of the Programs at its own risk.

Indemnities

Except to the extent caused or contributed to by the negligent act or omission, wilful misconduct or breach of this Agreement by ND Collective, the Nominee indemnifies ND Collective against any losses, liabilities, costs, charges or expenses and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by ND Collective arising out of or in connection with: 

  • any claim made against ND Collective and/or the Nominee by a third party arising out of or in connection with the provision of the Programs and/or this Agreement;
  • any breach of this Agreement by the Nominee, including any failure to pay any fees on time;
  • any reliance by the Nominee or its Client on the Programs or any advice, information or deliverable provided in connection with the provision of the Programs and/or this Agreement; 
  • the enforcement of this Agreement; and any negligent act, omission or wilful misconduct of the Nominee

Limitation of Liability

Subject to the other terms of this clause, ND Collective excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the Programs that are not expressly set out in this Agreement to the maximum extent permitted by law.

Without limiting the generality of this section, ND Collective expressly excludes any liability in contract, tort or otherwise for any injury, damage, loss, delay or inconvenience caused directly or indirectly by:

  • The Nominee's access and use of the Programs; 
  • The Nominee's participation in the Programs (including any plan); 
  • The Nominee's reliance on the Programs and any information given; and 
  • Any event which is beyond ND Collective's control

Subject to the other terms of this clause, ND Collective’s maximum aggregate liability to the Nominee under this Agreement for any loss or damage or injury arising out of or in connection with the supply of Programs under this Agreement, including any breach by ND Collective of this Agreement however arising, under any indemnity, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the actual charges paid personally by the Nominee under this Agreement in the 3-month period preceding the matter or event giving rise to the claim.

Subject to the other terms of this clause, ND Collective excludes any liability to the Nominee, whether in contract, tort (including negligence) or otherwise, for any special, indirect or consequential loss arising under or in connection with this Agreement, including any loss of profits, loss of sales or business, loss of production, loss of agreements, loss of business opportunity, loss of anticipated savings, loss of or damage to goodwill or reputation or loss of use or corruption of data or information.

This clause applies to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement.

General Provisions

General Provisions

Governing law 

This Agreement is governed by the laws of Queensland and the Commonwealth of Australia which are in force in Queensland. 

The parties submit to the jurisdiction of the Courts of Queensland, relevant Federal Courts and Courts competent to hear appeals from them. 

Binding on successors 

This Agreement shall be for the benefit of and binding upon the parties and their heirs, executors, successors and permitted assigns.

Assignment 

The Nominee may not transfer, assign or otherwise dispose of their interest in this Agreement without the prior written consent of ND Collective which consent may be unreasonably withheld. For the avoidance of doubt, ND Collective may transfer, assign or otherwise dispose of their interest in this Agreement without the prior written consent of the Nominee.

Attorneys 

Where this Agreement is executed for a party by an attorney, the attorney by executing it declares that the attorney has no notice of revocation of the power of attorney. 

Variation and Waiver 

This Agreement may be varied by agreement in writing by both parties. No waiver by a party of a provision of this Agreement is binding unless made in writing.

Severance 

If a provision of this Agreement is void or unenforceable it must be severed from or read down to the extent necessary from this Agreement and the provisions that are not void or unenforceable are unaffected by the severance. 

Further assurances 

The parties must execute and deliver all documents and must do all things as are necessary for the complete performance of their respective obligations under this Agreement.

Entire understanding 

This Agreement contain the entire understanding and agreement between the parties as to the subject matter of this Agreement. 

All previous negotiations, understandings, representations, warranties, memoranda or commitments about the subject matter of this Agreement are merged in this Agreement and are of no further effect. 

No oral explanation or information provided by a party to another affects the meaning or interpretation of this Agreement or constitutes any collateral agreement, warranty or understanding. 

No adverse construction. 

The contra proferentem rule and other rules of construction will not apply to disadvantage a party whether that party put the clause forward, was responsible for drafting all or part of it or would otherwise benefit from it.

Cumulative rights The rights and remedies of a party to this Agreement are in addition to the rights or remedies conferred on the party at law or in equity. 

Counterparts and Email 

This Agreement may be executed in any number of counterparts and when executed communication of the fact of execution to the other parties may be made by sending evidence of execution by email 

Notices 

All notices authorised or required under this Agreement to be given by a party to another shall be in writing delivered personally, or sent by prepaid post or emailed and in each case addressed to the other party at that party's usual address or at such other address as a party may from time to time notify to the other party. 

I confirm that i understand this agreement and I/we agree to the contents within.

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Therapy at Home Service Agreement
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October 15, 2024 2:08 pm AESTTherapy at Home Service Agreement Uploaded by Elise Brady - admin@ndcollectivehub.com.au IP 115.64.87.25
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