Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Participant") and Ineed Care Ltd ("we", "us", or "our") regarding your use of our NDIS Plan Management services.

By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Services Provided

2.1 Plan Management Services

We provide the following NDIS Plan Management services:

• Invoice processing and payment to registered and unregistered providers
• Budget tracking and financial reporting
• Monthly statements and funding balance updates
• NDIS compliance monitoring and reporting
• Provider liaison and payment verification
• Participant portal access for real-time information
• Support with NDIS-related queries and guidance

2.2 Service Guarantee

We guarantee same-day processing for all invoices received before 3:00 PM on business days (Monday-Friday, excluding public holidays).

3. Fees and Payment

3.1 No Cost to Participants

Plan Management services are 100% funded by the NDIS. You will not be charged any fees for our services. All fees are paid directly by the NDIA from your Plan Management budget allocation.

3.2 Funding Requirements

To use our services, you must have Plan Management funding allocated in your NDIS plan. If your plan does not include Plan Management, we can assist you in requesting this at your next plan review.

3.3 No Hidden Fees

We do not charge setup fees, exit fees, transaction fees, or any other costs to participants. There are no hidden charges.

4. Participant Responsibilities

As a participant using our services, you agree to:

• Provide accurate and complete information about your NDIS plan
• Submit invoices and receipts in a timely manner
• Ensure invoices are from NDIS-compliant providers for plan-approved supports
• Notify us immediately of any changes to your plan or circumstances
• Monitor your budget through the participant portal
• Review monthly statements and report any discrepancies within 14 days
• Maintain the confidentiality of your portal login credentials
• Use services in accordance with NDIS guidelines and policies

5. Invoice Processing

5.1 Submission Requirements

Invoices must:

• Be from NDIS-registered providers or compliant unregistered providers
• Include all required information (ABN, date, description, amount)
• Be for supports included in your current NDIS plan
• Be submitted via portal, email, or post
• Be within your available funding balance

5.2 Processing Timeframes

• Same-day processing: Invoices received before 3:00 PM on business days
• Next business day: Invoices received after 3:00 PM or on weekends
• Payment to providers: Typically within 24-48 hours of processing
• Reimbursements: Processed within 48 hours of receipt

5.3 Invoice Rejection

We reserve the right to reject invoices that do not comply with NDIS guidelines, are fraudulent, or exceed available funding. You will be notified within 24 hours if an invoice is rejected, with reasons provided.

6. Service Commencement and Termination

6.1 Starting Services

Services commence once you complete our Service Agreement and provide consent for us to access your NDIS plan information. Typical setup time is 3-5 business days.

6.2 Termination by Participant

You may terminate our services at any time by providing 14 days' written notice. We will:

• Process all outstanding invoices received during the notice period
• Provide final statements and budget reports
• Assist with transition to a new plan manager if requested
• Not charge any exit or termination fees

6.3 Termination by Ineed Care

We may terminate services with 30 days' written notice if:

• Your NDIS plan ends or plan management funding is exhausted
• There is fraudulent activity or misuse of NDIS funds
• You breach these Terms in a material way
• We are unable to continue providing services for operational reasons

7. Privacy and Confidentiality

We are committed to protecting your privacy in accordance with:

• Privacy Act 1988 (Cth) and Australian Privacy Principles
• Health Records and Information Privacy Act 2002 (NSW)
• NDIS Act 2013 and NDIS Rules
• NDIS Code of Conduct

For detailed information about how we handle your personal information, please refer to our Privacy Policy.

8. Liability and Indemnity

8.1 Our Liability

We will provide services with reasonable care and skill. Our liability is limited to:

• Re-performance of services where we have made an error
• Correction of processing errors within a reasonable timeframe
• Compensation for direct financial loss caused by our negligence (up to the value of fees paid by NDIA for the relevant service)

8.2 Exclusions

We are not liable for:

• Actions of third-party service providers
• NDIA decisions regarding your plan or funding
• Delays caused by incomplete or incorrect information provided by you
• Technical issues beyond our reasonable control
• Consequential, indirect, or punitive damages

8.3 Your Indemnity

You agree to indemnify us against claims arising from your misuse of NDIS funds, provision of false information, or breach of NDIS guidelines.

9. NDIS Compliance

9.1 Our Obligations

As a registered NDIS provider (Registration #4050127018), we comply with:

• NDIS (Practice Standards) Rules 2018
• NDIS Code of Conduct
• NDIS Quality and Safeguards Commission requirements
• NDIS Pricing Arrangements and Price Limits

9.2 Reporting Obligations

We are required to report certain matters to the NDIS Quality and Safeguards Commission, including suspected fraud, abuse, or non-compliance with NDIS rules.

10. Dispute Resolution

10.1 Complaints Process

If you have a complaint or dispute:

1. Contact us directly at enquiries@ineedcare.org.au or (02) 8406 2889
2. We will acknowledge your complaint within 24 hours
3. We will investigate and provide a written response within 5 business days
4. If the matter is complex, we will keep you informed of progress every 5 business days

10.2 External Resolution

If you are not satisfied with our response, you may contact:

11. Intellectual Property

All content on our website and participant portal, including logos, text, graphics, and software, is owned by Ineed Care Ltd or licensed to us. You may not reproduce, distribute, or create derivative works without our written permission.

12. Force Majeure

We are not liable for delays or failure to perform due to events beyond our reasonable control, including natural disasters, strikes, pandemics, government actions, or technical failures affecting the NDIA portal or banking systems.

13. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Email to your registered email address
• Notification through the participant portal
• Posting on our website with 30 days' notice

Continued use of our services after changes take effect constitutes acceptance of the revised Terms.

14. Governing Law

These Terms are governed by the laws of New South Wales, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of New South Wales.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and Service Agreement, constitute the entire agreement between you and Ineed Care Ltd regarding our services.