Terms & Conditions

1. Parties

 This Service Agreement is between CAFD PTY LTD T/As Country Wide Care Supports and the client (who is an NDIS participant) / Nominated Representative in the National Disability Scheme.

This service Agreement will be in effect from the date the Client / Nominated Representative signs this Service Agreement and will continue for the duration of the Client’s association with CAFD PTY LTD T/As Country Wide Care Supports, until either party terminates this agreement in accordance with clause 9.

To engage the services of CAFD PTY LTD T/As Country Wide Care Supports, upon acceptance of this Service Agreement, the Client/Nominated Representative, will provide their NDIS plan details, NDIS number and other relevant details as requested in this Agreement, to CAFD PTY LTD T/As Country Wide Care Supports.

2. Schedule of Supports

Provided the funds are available for CAFD PTY LTD T/As Country Wide Care Supports to access on the National Disability Insurance Agency (NDIA) portal relevant to the Client/Nominated Representative, CAFD PTY LTD T/As Country Wide Care Supports agrees to provide supports relating to the Clients Plan Management – Financial Administration, set out in the attached Schedule of Supports. The prices for those supports are set out in the Schedule of Supports and are GST inclusive (if applicable) and include the cost of providing the supports, Additional expenses (i.e. things that are not included as part of a Client’s NDIS supports) are the responsibility of the Client/Nominated Representative and are not included int the cost of the supports.

3. Responsibilities of CAFD PTY LTD T/As Country Wide Care Supports

CAFD PTY LTD T/As Country Wide Care Supports agrees to:

• Provide plan management – financial administration
• Reconcile client balances
• Pay supplier invoices on behalf of client provided such invoices meet ATO requirements
• Process client reimbursement claims
• Track expenditure against client budget and make relevant budgetary information available online (upon request, CAFD PTY LTD T/As Country Wide Care Supports will use reasonable endeavours to provide such information in another format)
• Provide client liaison via emails, phone calls etc
• Consult the Client/Nominated Representative on request regarding decisions about how funds are spent
• Communicate openly and honestly in a timely manner
• Treat the Client/Nominated Representative with courtesy and respect
• Listen to the Client/Nominated Representative’s feedback and resolve problems quickly
• Support the client to report any allegations of abuse by service providers or other third parties in connection with this service agreement (including fraud)

In accordance with CAFD PTY LTD T/As Country Wide Care Supports responsibilities as a Registered Provider. CAFD PTY LTD T/As Country Wide Care Supports has a responsibility to comply with the National Disability Insurance Scheme Act 2013 (NDIS Act) and make reports in respect of “reportable incidents” or other matters required by the NDIS Commission or the NDIA.

4.  Responsibility of the Client/Nominated Representative

The Client/Nominated Representative agrees to:

• Take due steps to provide information as requested by CAFD PTY LTD T/As Country Wide Care Supports in a timely manner
• Treat CAFD PTY LTD T/As Country Wide Care Supports with courtesy and respect
• Discuss any concerns about the service with CAFD PTY LTD T/As Country Wide Care Supports
• Ensure all claims for reimbursement are clear and provide evidence of purchase to the satisfaction of CAFD PTY LTD T/As Country Wide Care Supports
• Advise CAFD PTY LTD T/As Country Wide Care Supports immediately if the Client’s NDIS plan is suspended or replaced by a new NDIS plan or the Client stops being a participant in the NDIS
• Not engage in conduct or provide misleading information which may reasonably be expected to
• Expose CAFD PTY LTD T/As Country Wide Care Supports to reputational, regulatory or financial risk
• Present a work, health and safety risk to any CAFD PTY LTD T/As Country Wide Care Supports personnel (including contractors). This extends to and covers any verbal or written abuse
• Be contrary to, or cause CAFD PTY LTD T/As Country Wide Care Supports to breach, the Terms of Business under which CAFD PTY LTD T/As Country Wide Care Supports is registered with the NDIS commission
• Be contrary to, or cause CAFD PTY LTD T/As Country Wide Care Supports to breach, the NDIS Act or any law or regulation

5. Payments

CAFD PTY LTD T/As Country Wide Care Supports will seek payment for the provision of services which CAFD PTY LTD T/As Country Wide Care Supports provides to the participant, from the NDIS.

Where the Participant has nominated Country Wide Care to manage the funding for the NDIS supports provided to them, Country Wide Care will receive invoices from the Participant’s nominated provider and provide Financial Intermediary services, according to the NDIS Terms of Business for Plan Management Providers by forwarding an invoice to [email protected]

6. Client Budgets to be Managed

The Client/ Nominated Representative will provide CAFD PTY LTD T/As Country Wide Care Supports details of their support budgets as per the Clients current NDIS plan. If the support categories or budgets change, the Client/Nominated Representative agrees any changes will be submitted immediately in writing to CAFD PTY LTD T/As Country Wide Care Supports, signed and dated by the Client / Nominated Representative.

7. Changes to the Plan

The Client/Nominated Representative agrees to immediately notify CAFD PTY LTD T/As Country Wide Care Supports and provide relevant plan details in writing if the Clients NDIS plan is amended, replaced with a new plan, or the client ceases to be a participant in the NDIS.

8. Liability

The Client/Nominated Representative agrees that CAFD PTY LTD T/As Country Wide Care Supports provides plan management services only and will not hold it responsible for any loss or damage the Client/Nominated Representative suffers as result of or in connection with the conduct of any other third party (including any NDIS registered or unregistered provider). The Client/Nominated Representative agrees that CAFD PTY LTD T/As Country Wide Care Supports is not liable for any loss (including indirect, consequential, incidental or special damages) the Client/Nominated Representative may suffer from a breach of this Agreement unless that breach involves fraud or wilful default of CAFD PTY LTD T/As Country Wide Care Supports.

CAFD PTY LTD T/As Country Wide Care Supports aggregate liability under or in connection with this Service Agreement (whether in contract, tort (including negligence) equity, for breach of statutory duty, or otherwise) will not exceed the amount of fees paid to CAFD PTY LTD T/As Country Wide Care Supports for the provision of supports under this agreement in the previous 12 months.

9. Ending this Service Agreement

Should either Party wish to end this Service Agreement they must give one (1) week’s notice in writing.

If either party seriously breaches this Service Agreement the requirement of notice will be waived.

10. Goods and Service Tax (GST)

For the purpose of GST legislation, the Parties confirm that:

• A supply of supports under this Service Agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33 (2) of the NDIS Act 2013, 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.
• Most services provided under the NDIS will not include GST. However, GST will apply to some services.

11. Feedback, Complaints and Disputes

If the Participant and/or the Plan Nominee wishes to provide feedback, make a complaint, or make a suggestion for improvements, they can contact Country Wide Care on:

If the Participant is not satisfied with the response from Country Wide Care, they may contact the NDIS Quality and Safeguards Commission:

12. Schedule of Supports

*Please note any changes will be in accordance with NDIA Pricing guide.

Disclaimer

In addition to the limitations on liability set out in this Service Agreement (above), the Client/Nominated Representative acknowledges that:

• CAFD PTY LTD T/As Country Wide Care Supports information is provided in good faith, to the best of our knowledge and is correct at the time of communication, however, changes may affect this accuracy therefore CAFD PTY LTD T/As Country Wide Care Supports gives no assurance as to the accuracy of any information or advice given.
• Any advice given by CAFD PTY LTD T/As Country Wide Care Supports outside of plan management advice shall be considered general in nature. CAFD PTY LTD T/As Country Wide Care Supports shall not be liable for any failure of, or delay in the performance of this service agreement for the period that such failure or delay is
• Beyond the reasonable control of a party
• Materially affects the performance of any of its obligations under this agreement, and
• Could not reasonably have been foreseen or provided against (e.g. Government Acts prohibiting or impending any party from performing its respective obligations under the Service agreement contact) or (e.g. prolonged lack of power supply)
• Nothing in this Service Agreement negates or diminishes the statutory guarantees regarding the supply of services the Client/Nominated Representative received under the Australian Consumer Law (Competition and Consumer Act 2010-Schedule2)

CAFD PTY LTD T/As Country Wide Care Supports takes in good faith the information provided by the Client/Nominated Representative to be true and accurate, and that claims presented by CAFD PTY LTD T/As Country Wide Care Supports are a true reflection of goods and services provided to the Client in line with the NDIS guidelines (National Disability Insurance Scheme Act 2013