Service Agreement
DISABILITY SUPPORT UNLIMITED (ABN 61 656 445 564) is pleased to confirm our agreement with you for the provision of disability and nursing support services. The terms and conditions of our agreement moving forward are set out below (Agreement). You agree that any bookings to be completed on or the commencement date will be governed by this Agreement.
1 Purpose
This Agreement is made in respect with the National Disability Insurance Scheme (NDIS) rules and goals. It has been developed to ensure that the Client and Disability Support Unlimited have an agreed expectation of the supports in line with the NDIS Plan to:
1.1 Support the independence and social and economic participation of an individual with disability
1.2 Provide reasonable and necessary supports, including early intervention supports, for Clients in the Scheme launch
1.3 Enable an individual with a disability to exercise choice and control in the pursuit of their goals and the planning and delivery of their supports
1.4 Facilitate the development of a nationally consistent approach to the access to, and the planning and funding of, support for an individual with disability
1.5 Promote the provision of high-quality and innovative supports to people with disability
1.6 Raise community awareness of the issues that affect the social and economic participation of people with disability and helps with greater community inclusion of people with disability
2 Agreement
2.1 Commencement date
This Electronic Agreement will commence on the date that you confirmed your service booking and signed the Agreement on the Platform. By doing so, you agree and accept the terms and conditions stated, and confirmed by your Account Nominee (as applicable).
2.2 You and this agreement
2.2.1 You are either:
2.2.1.1 A ‘Client or Participant’: an individual with a disability who is over the age of 18, of sound mind and have the capacity to enter into this Agreement and able to manage own Account, in which case this Agreement is between Disability Support Unlimited and you.
2.2.1.2 An ‘Account Nominee’: a person that is over the age of 18 and is either:
⬤ Client’s power of attorney or other authorised decision maker for a client who is over the age of 18.
⬤ Client’s parent or legal guardian.
⬤ Client’s Support Coordinator who is a NDIS Provider that is appointed by you to assist create your account, find, and book support services for you and manage your invoices.
2.2.1.3 You acknowledge that this Agreement is signed by your Account Nominee on your behalf.
3 Conditions and Responsibilities
This Agreement is conditional upon and will not become effective until the following responsibilities are understood and agreed to the reasonable satisfaction of DSU.
3.1 Client Responsibilities
3.1.1 At all times, it is expected of you to meet standards of behaviour set out in the Code of Conduct.
3.1.2 Treat us with courtesy and respect; communicate honestly and promptly.
3.1.3 Inform us about how you wish the supports to be delivered.
3.1.4 Advise us of any changes to personal details (contact number, address, etc.).
3.1.5 Discuss with the Provider if the Participant has any concerns about the supports being provided.
3.1.6 It is your responsibility to provide appropriate and adequate instruction, guidance, and supervision your Support Worker.
3.1.7 You agree that your Support Worker has the right to refuse to undertake any task which does not fall within his/her job description or which they determine that they are unable, unqualified or are not willing to perform.
3.1.8 You and your Support Worker are responsible to arrange the necessary working hours of each Booking and to provide reasonable opportunity for the Support Worker to take meal and tea breaks.
3.1.9 Give us a minimum of 24 hours’ notice if the Client cannot make a scheduled appointment.
3.1.10 Give us the required notice if the Client wishes to end the Service Agreement.
3.1.11 Advise us immediately if the Participant’s NDIS plan is suspended or replaced by a new NDIS plan or the Client stops being a participant in the NDIS
3.2 Authority
3.2.1 If you are an Account Nominee, you confirm that you have authority to enter into this Agreement and manage the relevant Client’s Account and Profile, including creating Bookings and communicating with DSU and its team, for and on behalf of the Client.
3.2.2 If you are an Account Nominee and your authority to manage the Client’s Account and Profile ended for any reason, you must cease to use the Client’s Account and Notify DSU.
3.3 Change of Authority
3.3.1 DSU will only deal with one Account Nominee for a Client at a time.
3.3.2 If you want to appoint or replace an existing Account Nominee, you must Notify and request for DSU to terminate the existing service agreement and arrange for a new service agreement to be entered into between DSU and the incoming Account Nominee.
3.4 Location and travel
3.4.1 Your address may be different from the location of provision of support services. You are required to specify the location and meeting point where necessary.
3.5 Workplace Health and Safety
You must provide a reasonable safe physical and psychological working environment for your Support Worker, including but not limited to ensure that any equipment or tools used by Support Workers are safe and fit for use and detailed instructions are given before using it.
3.6 Offline Arrangements
3.6.1 You must not propose or enter into an Offline Arrangement with any Support Worker.
3.6.2 You must notify DSU if you are asked by your Support Worker to work together as part of an Offline Arrangement.
3.6.3 DSU is not obligated to pay, compensate, or arrange payment for you or your Support Worker for any work undertaken as part of an Offline Arrangement.
4 Service Bookings
4.1 Client Service Booking
4.1.1 When requesting a booking, you agree that the support chosen is for you or your client is for the best interest and have sufficient funding for it.
4.1.2 If you agree with the support fees, you are required to confirm the booking. Only then we can assign a support worker in accordance to your care requirement. We may contact you to further discuss your support plan.
4.1.3 A meet and greet session are encouraged prior to a service booking.
4.2 Support Worker (SW) Service Booking
4.2.1 Policies, Procedures, and templates are readily accessible for SW to use in relation to client’s service booking.
4.2.2 A notification will be sent when a booking is requested (‘Open Booking’), and it SW’s 100% choice to approve or decline the shift based on availability and care requirements.
4.2.3 Admin may also assign a shift directly to SW based on qualifications.
5 Service Fees
5.1 For Clients
Prices are based on the current NDIS Price Guide. We will keep you updated with any price increase in accordance with set guidelines. All prices are GST inclusive (if applicable) and include the cost of providing the supports.
5.1 For Support Workers
Timely completion of timesheet is required. Payment of wage can be negotiated either weekly or fortnightly. DSU follows SCHADS or Nurses award. Casual loadings and penalty rates are applied.
6 Payment
6.1 Timesheet
You agree that when a confirmed booking is completed, you must approve/decline the timesheet sent by your Support Worker within 24 hours. Failure to do, DSU will automatically approve the Timesheet without changes.
6.2 Invoice
6.2.1 When a timesheet is approved, DSU will send you an Invoice of your completed booking. You agree that any additional costs not included in the cost of support such as vehicle allowance, entrance fees, event tickets, meals paid by your support worker on your behalf will be added to the Invoice.
6.2.2 If there is a discrepancy on your Invoice, please do not hesitate to contact DSU’s Support manager.
6.2.3 Upon your request, DSU may issue, or send a copy of any Invoices to your plan manager or support coordinator or other third party.
6.3 Payment Types
6.3.1 For Private Clients / Self-Funded / Nominee managed, payments can be done through Bank transfer within 7 days. .
6.3.2 For Plan Managed, payment will be claimed from your stated provider.
6.4 Late Payments
If the invoice remains unpaid after 2 weeks, services will cease until payment of all invoices is made.
6.5 Cancellations
6.5.1 By Client
6.5.1.1 All cancellations can be done through the Platform or Notify Disability Support Unlimited Support manager immediately via Platform, phone, SMS or email.
6.5.1.2 For all confirmed bookings, you are required to cancel minimum of 24 hours before your scheduled service booking, otherwise it is considered a short-notice cancellation.
6.5.1.3 If you or a participant does not show up for scheduled support within a reasonable time or is not present at the agreed place and within a reasonable time when the provider is travelling to deliver the support, it is also considered as short-notice cancellation.
6.5.1.4 For all short-notice cancellation, Disability Support Unlimited may charge up to 90% of the agreed price for their time and travel.
6.5.1.5 Where multiple cancellations or no shows occur in a 12-month period, Disability Support Unlimited will notify the NDIA as a review of the client’s NDIS Plan may be required.
6.5.2 Cancellation by Disability Support Unlimited
6.5.2.1 Where a provider has a short notice cancellation (or no show) they will be able to recover 90% of the fee associated with the activity, subject to the terms of the service agreement with the participant. Cancellations are accepted via Platform, email, text, or phone call.
6.5.2.2 If DSU cancels a service booking due to operational reasons, the service will be rescheduled at no penalty to either party.
6.5.2.3 If the support worker cancels a confirmed booking due to valid reasons such as unforeseen sickness of self or immediate family member, we will inform and reassign you a different support worker.
7 Support Worker Termination or suspension
You acknowledge that DSU may suspend or terminate a Support Worker from accessing, using, confirming, and completing Job bookings on the Platform at any time, without notice to you. If this happens, we will notify you as soon as possible, however, if we fail to give you early notice, you are not entitled to any compensation. We will reassign you with our pool of trusted Support Workers
8 Feedback and Incident Reporting
8.1 Documentation
⬤ Via the Platform,
⬤ Download and fill out a form and email it to: info@dsunlimited.com.au and write ‘Feedback’ or ‘Complaint’ or ‘Incident’ as subject.
⬤ You can also phone us on 0416 026 856
8.2 Unresolved Complaints
If complaints have not been resolved, you can contact the NDIS Quality and Safeguards Commission by
⬤ Calling 1800 035 544 or TTY 133 677
⬤ Visit their website at https://www.ndiscommission.gov.au/about/contact
9 DSU Responsibilities
9.1 Our Standards of Care
9.1.1 Respect the Client’s legal and human rights.
9.1.2 Respect the Client’s culture, diversity, values, and beliefs that identify during the initial assessment process.
9.1.3 Respect work with the Client’s interpreter or representatives.
9.1.4 Respect the Client’s autonomy to make their individual choices.
9.1.5 Respect the Client’s right to access an advocate.
9.1.6 Provide services and supports as per the Support Plan document.
9.1.7 Review the provision of supports at least every 3 months with the Client.
9.1.8 Treat the participant with courtesy and respect.
9.1.9 Communicate openly and honestly in a timely manner.
9.1.10 Consult the Client and/or the client’s representative on decisions about how supports are provided.
9.1.11 Listen to the Client’s feedback and resolve problems in a timely manner.
9.1.12 Give the Client’s information about managing any incidents, complaints, or disagreements.
9.1.13 Give the Client a minimum of 24 hours’ notice if the Provider must change a scheduled appointment to provide supports.
9.1.14 Keep clear records on the services provided to the Client.
9.1.15 Provide supports in a manner consistent with all relevant laws, including the National Disability Insurance Scheme Act 2013 and rules, and the Australian Consumer Law.
9.2 Compliance with laws
DSU is compliant to all Australian laws applicable to its operations, including all relevant industrial legislation, equal opportunity legislation and work health and safety legislation and with all applicable industry standards, rules, and codes.
9.3 Registration and approval of Support Workers
9.3.1 DSU Ltd ensures that all support workers have:
⬤ Successfully completed the registration process including NDIS worker’s orientation module, Infection Control and Prevention Training and worker screening check
⬤ At least two (2) referees, and have relevant working experience
⬤ A valid and current clearance to work with children and/or vulnerable people as appropriate and as required by relevant laws
⬤ Relevant licences, certificates, vehicle insurance and qualifications as required including a CPR and/or first aid certificate
9.3.2 You acknowledge that prior to approval of Support Workers, we will reasonably endeavour to confirm any relevant work experience. However, we may not be able to verify overseas work experience.
9.3.3 DSU will ensure ongoing compliance and provide necessary training for support workers.
9.4 Administrative Responsibilities
DSU will be responsible for the management of:
⬤ Payroll and invoicing, payment of relevant taxes, payment of superannuation
⬤ Relevant insurance such as public liability and professional indemnity insurance and workers compensation
10 Warranties and Acknowledgements
10.1 Confidential Information
10.1.1 You must not at any time use or disclose Confidential Information without the prior written approval of DSU unless you are otherwise required by law.
10.1.2 When required by law, you must inform DSU to enable us to take any steps available to prevent or minimise disclosure of Confidential Information prior to making any disclosure.
10.1.3 For any suspected or actual breach or unauthorised use, copying or disclosure of Confidential Information, you must immediately notify DSU.
10.1.4 Within five (5) days of termination of this Agreement for whatever reason you must return all hard/ soft copies of Confidential Information you hold and if return is not possible, destroy all hard copies with a shredder and delete all soft copies.
10.2 Privacy
10.2.1 You acknowledge and agree that DSU will collect, manage, use, and disclose your personal information in accordance with its Privacy and Confidentiality Policy and Procedure.
10.2.2 If you provide the personal information of any third party to DSU, you must have obtained all consents required by law from that third party for us to manage, use and disclose that personal information in accordance with Privacy and Confidentiality Policy and Procedure.
10.3 Intellectual Property
DSU owns the intellectual property contained in our Platform and any material produced. You are under no circumstances have the right to recreate, sell or distribute the materials to anyone.
10.4 Warranty and Acknowledgement
By electronically signing this Service Agreement, you warrant that you have disclosed true and correct relevant information including receipt of Support Services and you acknowledge the terms and conditions of this Agreement are fair and reasonable.
11 Termination of Service Agreement
Must give at least 2 weeks prior written notice. If either party breaches this Service Agreement the requirement of notice will be waived. You will still be required to pay any outstanding booking fees in respect of any Completed bookings that occurred prior to the date of termination.
12 Indemnity
In events of a breach of this Agreement arises directly or indirectly by you to DSU and other third party, you agree to indemnify DSU against liability for all claims, costs, loss, and damages, including, but not limited to, in respect of personal injury, death, loss of or damage to property, infringement of rights and associated costs which may be paid, suffered or incurred.
13 Notices
Any notice or communication to be given to you in writing under this Agreement will be sent to the email address nominated in your Account.
14 Survival
Paragraphs 11, 12, 13, 14 and 15 survive termination or expiry of this Agreement
15 Variation
If changes to the supports or their delivery are required, the parties must agree to discuss and re-review this Agreement. Any changes made to this Service Agreement will be in writing, signed and dated by the parties or through the Platform.
16 Declaration
I acknowledge that I have carefully read, understood, and accepted the terms and conditions of this Service Agreement electronically set out by DSU. By ticking this box, I acknowledge that it constitutes my signature and therefore will make this document legally binding.
