Service Agreement

Service Agreement

This Service Agreement is a legally binding contract between you, the NDIS participant, and us, the registered Plan Manager. This agreement outlines the terms and conditions of managing your NDIS plan and the use of the Kindship Platform.

If at any point you need assistance in understanding the terms, please feel free to ask us for clarification or consult with someone you trust. Any capitalised words are defined in the "Definitions" section at the end of this document.

We may occasionally update the terms of this agreement. Any changes will be shared via our website, email, or the Kindship Platform. If significant updates are made, we will inform you about the specific changes.

What We Will Do

As your Plan Manager, we will help you manage the funds under your NDIS plan. To provide this service, you will need to use the Kindship Platform. The platform is more than just a management tool—it's a community where participants can share advice and experiences.

We work closely with the Kindship Group and other organisations to help manage your NDIS plan, including tasks like processing invoices. By using our services and the Kindship Platform, you agree that we may use and share your information in accordance with this agreement and our Privacy Policy.

Use of AI Services

While our NDIS plan management services are the primary focus of this Service Agreement, you may also have access to other Kindship services, including our AI-based NDIS Navigator, Barb. For more information about these services and how they may interact with your plan management, please refer to our Terms and Conditions and Privacy Policy.

Starting and Ending This Agreement

This agreement begins as soon as you accept it. Either party can end the agreement by giving 30 days' notice in writing, typically via email. The agreement can also end immediately if any of its key terms are breached. Upon request, we may also agree to end the agreement sooner.

Your Responsibilities

By accepting this agreement, you agree to:

  • Allow Us to Manage Your Plan: You will provide us with access to your NDIS plan, budget, and support categories. You must let us know if we are managing your plan in full or only in part.
  • NDIA Payments: We will be paid directly by the NDIA. These fees are set by the NDIA and do not come out of your support funds.
  • Authorised Person: If you have an Authorised Person managing your plan, you need to inform us of their contact details and any limitations on their role. You must also notify us if their details change.
    • Verification of Authorised Persons: We may verify the authority of any Authorised Person through the NDIA database or require written consent to ensure they are authorised to act on your behalf.
  • Keep Us Updated: You must immediately inform us of any changes to your plan, including if you stop being an NDIS participant, if your plan is suspended, or if any restrictions are applied. Please also update us if your contact details change.
  • Service Agreements: Notify us when you start or stop using a new support provider and provide us with copies of any service agreements not managed through the Kindship Platform.
  • Treat Others with Respect: You will treat our staff, support providers, and other members of the Kindship community with courtesy and respect.
  • Monitor Your Budget: You will monitor your budget to avoid overspending. While we provide tools and send budget-related notifications to help you track your budget through the Kindship Platform, it is ultimately your responsibility to ensure your budget is on track.
  • Consent to Communication: By signing up and accepting our Terms and Conditions, Service Agreement, and Privacy Policy, you consent (opt-in) to receive communications from us, including marketing materials. Your consent is important, and you have the flexibility to opt out of receiving these communications at any time by unsubscribing from our mailing list or adjusting your preferences within the App.

Our Responsibilities

We agree to:

  • Provide Plan Management Services: We will manage your NDIS plan following all applicable laws, including the NDIS Act, Australian Consumer Law, and privacy regulations. We will also adhere to NDIS guidelines and practice standards, which include incident reporting, complaints handling, and privacy protection.
  • Monitor Your Budget: You will have the ability to monitor your NDIS budget through daily updates available via the app. Additionally, we will provide budget reports emailed to you monthly.
  • Communication: We will communicate with you honestly, respectfully, and promptly. We will also listen to your feedback and do our best to resolve any issues you experience.

Fees

  • Plan Management Fees: These fees are set by the NDIA and do not come out of your support budget. For detailed information on fees and charges, please refer to the NDIS Price Guide.

Working with Support Providers

As your Plan Manager, our role is to manage your NDIS budget and make payments to support providers for services they have delivered. We are not responsible for the quality or accuracy of services provided by the support providers.

  • Submitting Invoices: Support providers or you must send invoices to us at invoices@kindship.com.au. The invoice must contain all necessary details as per our invoice guidelines, which can be found on the Kindship Platform.
  • Invoice Review and Payment: Within 5 business days of receiving a correctly formatted invoice, we will verify that the service aligns with your plan and that sufficient funds are available. We aim to process payments to the NDIA within 3 business days. Once payment is received, we will pay the support provider within 2 business days.
  • Reimbursements: If you seek reimbursement for services paid out-of-pocket, you will need to provide us with the same information as required for invoices. Please refer to our invoice guidelines on the Kindship Platform for details.

Sensitive Health Information and Kindship Community

As part of the Kindship Platform, we may share certain details, including sensitive health information, with the broader Kindship community to help members support one another, offer recommendations, and share experiences regarding services and NDIS management.

By signing up to become a member of Kindship and accepting our Terms and Conditions, Service Agreement, and Privacy Policy, you are providing your consent (opt-in) for the collection, use, and sharing of your personal and sensitive health information as described in our policies.

If you are not comfortable sharing this information, you may:

  • Opt for De-Identified Sharing: Have your information shared in a de-identified manner, where no personally identifiable information is visible.
  • Opt-Out: Opt out of sharing your information entirely by contacting us via email.

We respect your preferences and will accommodate any specific requests to limit or adjust the type of information shared with the Kindship community.

Privacy

Our Privacy Policy outlines how we collect, use, store, and share your personal information, including sensitive health information. By using our services and the Kindship Platform, you agree to the terms outlined in our Privacy Policy.

Complaints

We are committed to resolving any concerns or complaints you may have promptly and fairly. If you have a complaint regarding our services, please follow this process:

  1. Contact Us: Reach out to our support team via email at members@kindship.com.au or phone at 1300 057 084 with details of your complaint.
  2. Acknowledgement: We will acknowledge your complaint within two business days.
  3. Investigation: We will investigate your complaint and may request additional information.
  4. Resolution: We aim to provide a resolution or response within ten business days after receiving all necessary information.
  5. Escalation: If you are not satisfied with our response, you may request that the matter be escalated to a senior manager.
  6. External Resolution: If the issue remains unresolved, you may contact the NDIS Quality and Safeguards Commission at 1800 035 544 for NDIS-related issues. For privacy-related complaints, you may contact the Office of the Australian Information Commissioner (OAIC) via the OAIC website: www.oaic.gov.au.

Incidents

If you experience a Reportable Incident or have any concerns for your safety, please report this to us via email. We are required to notify the NDIS Commission within 24 hours of any incidents and maintain a record of these occurrences.

GST

For GST purposes, you and we agree that the supports supplied under this agreement are reasonable and necessary supports as specified under the NDIS Act.

Consumer Law

Nothing in these Terms (or this Agreement) excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law. Where permitted by law, our liability for failure to comply with a statutory guarantee is limited to re-supplying the services or paying the cost of having the services re-supplied.

Use of the Kindship Platform

We deliver our services through the Kindship Platform. By accepting this agreement, you are granted a limited, non-exclusive, revocable licence to use the platform, provided you follow the terms.

You are responsible for the information you provide, and any content you submit on the platform grants us a licence to use it for the operation and improvement of our services, subject to your privacy preferences and settings, as detailed in our Privacy Policy. We are not responsible for the content provided by other users, but we will monitor it where possible.

System Security

You agree not to engage in activities that compromise the security or functionality of the Kindship Platform. This includes refraining from hacking, introducing viruses, or attempting to access accounts or data without authorisation.

Termination and Access to the Kindship Platform

This agreement begins as soon as you accept it and continues until terminated by either party. If you wish to terminate this agreement for the NDIS plan management services, you must provide us with 30 days' notice in writing, typically via email. Upon termination of this Service Agreement, your access to the Kindship Platform for plan management services will be removed immediately after Kindship is no longer connected to your NDIS plan as your plan manager.

Please note: Termination of this Service Agreement does not necessarily terminate your access to other Kindship services governed by the Terms and Conditions. For information on terminating or suspending access to other services, please refer to our Terms and Conditions.

We will send you the statements for your time with us, along with any invoices that we were unable to process, if any.

Intellectual Property

We own all intellectual property associated with the Kindship Platform. You agree not to copy, alter, or misuse our intellectual property. Any unauthorised actions must be reported to us immediately.

Liability and Indemnities

You use the Kindship Platform at your own risk. To the extent permitted by law, we are not responsible for any injury, loss, or damage caused by your use of the platform or any services provided by support providers. You agree to indemnify and hold Kindship harmless from any claims, losses, or damages arising from your breach of these Terms (or this Agreement) or misuse of our services.

Governing Law

This agreement is governed by the laws of South Australia. If you access our services from outside South Australia, local laws may apply. We will work with you to resolve any disputes in accordance with applicable laws. Any disputes arising under this agreement will be subject to the jurisdiction of the courts of South Australia.

Definitions

  • ABN: Australian Business Number, a number provided to businesses in Australia to identify them.
  • ACN: Australian Company Number, a number provided to companies in Australia to identify them.
  • Australian Consumer Law: The law applicable to consumer transactions under the Competition and Consumer Act 2010 (Cth) and similar legislation in each State and Territory of Australia.
  • Authorised Person(s): A nominee, guardian, or other person whom you have given permission to act on your behalf in relation to your NDIS Plan. We may verify their authority through the NDIA database or require written consent.
  • Indemnify: To agree to compensate someone for losses or damages that they suffer.
  • Intellectual Property: Includes, but is not limited to, trademarks, trade names, service marks, logos, patents, copyrights, trade secrets, proprietary information, designs, software code, algorithms, data, and any other intangible assets that may be protected under applicable laws.
  • Kindship Group: Kindship Group Pty Ltd (ACN 648 460 646) and its subsidiary companies Kindship Pty Ltd (ACN 625 713 724) and Kindship Premium Services Pty Ltd (ACN 662 497 092).
  • Kindship Platform: The apps, software, websites, and any other information technology, including updates, that we use from time to time to communicate and deliver our services to you, and which may contain code, software, or services owned or operated by third parties and/or licensed to us for our use.
  • Law(s): Any applicable laws, rules, regulations, and by-laws of the Commonwealth, State, or other relevant jurisdiction, including statute, ordinance, code, regulations, or other instruments under it, and consolidations, amendments, re-legislation, enactments, or replacements to any of them, as well as the rules of general law, common law, and equity.
  • NDIA: National Disability Insurance Agency.
  • NDIS: National Disability Insurance Scheme.
  • NDIS Act: The National Disability Insurance Scheme Act 2013, subordinate legislation, and rules made under that act as modified from time to time.
  • NDIS Participant: A person that is approved as a participant under Part 1 of the NDIS Act.
  • Plan: A plan in effect under section 37 of the NDIS Act.
  • Plan Manager: Us, as a registered provider managing the funding of supports under participants' plans pursuant to section 73E(2)(a) of the NDIS Act.
  • Reportable Incident:
  • (a) The death of a person with a disability.
  • (b) Serious injury of a person with a disability.
  • (c) Abuse or neglect of a person with a disability.
  • (d) Unlawful sexual or physical contact with, or assault of, a person with a disability.
  • (e) Sexual misconduct committed against, or in the presence of, a person with a disability, including grooming of the person for sexual activity.
  • (f) The use of a restrictive practice in relation to a person with a disability, other than where the use is in accordance with an authorisation (however described) of a State or Territory in relation to the person.
  • Support Provider: A person that is registered under Part 3A Division 2 of the NDIS Act.
  • You and Your: You, the NDIS participant entering into this agreement, whether it is yourself or your Authorised Person signing the agreement.
  • Us and We: Kindship Premium Services Pty Ltd (ACN 662 497 092).

Contact Us

If you have any questions or concerns, please contact us:

Address:

Suite 17, Stone & Chalk Startup Hub
Lot Fourteen, North Terrace
ADELAIDE SA 5000

General Inquiries Email: hello@kindship.com.au
Member Support Email: members@kindship.com.au

Phone: 1300 057 084

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