The Form Movement provides support based on a personalised and self-directed service agreement between the Form Movement and a client or participant.
This Service Agreement
(a) outlines the client’s and participant’s needs, services agreed upon, responsibilities and expectations of each party,
(b) is created in accordance with the rules and the goals of the NDIS and for the purpose of providing the Services to you in accordance with your Plan,
(c) is created in the context of the NDIS, which is a scheme that aims to:
(a) The Form Movement will charge you for the Services and you will pay for the Services we provide.
(b) Additional expenses (i.e. things that are not funded under your Plan) are your responsibility and to be paid by you.
(c) The prices for the specific Services that we provide to you are set out in the NDIS Price Guide. The prices we charge you will be automatically adjusted to reflect the prices outlined in the most up to date NDIS Price Guide and the Services we perform.
(d) Without limiting the generality of this clause, if we are entitled to do so under the NDIS Rules and applicable laws, you agree that The Form Movement may charge you an establishment fee for personal care/participation Services which we provide to you with your agreement, if we assist with
(e) Where Services are included or funded under your Plan to enable you to pursue recreational activities and engage in community (e.g activities associated with your disability and goals such as camps, vacation and outside school hours’ care, courses, or membership fees), to the extent we are entitled to do so under the NDIS Rules and applicable laws, you agree that funded hours under your Plan may be converted to a fee and claimed by The Form Movement for these purposes.
The Form Movement will be paid in respect of Services provided to you by one or a combination of the below payment methods:
(a) Self-managed – if you have chosen to self-manage the funding/payment for the Services, after we provide the relevant Services (or part thereof), The Form Movement will send you an invoice for those Services for you to pay. You must pay the invoice within seven (7) days of the date of the invoice;
(b) Managed by Plan nominee – if your nominee (i.e. the participant’s nominee) manages the funding/payment for the Services, after we provide the relevant Services (or part thereof), The Form Movement will send your nominee an invoice for those Services for your nominee to pay. Your nominee must pay the invoice within seven (7) days of the date of the invoice;
(c) NDIA managed – if you have nominated the NDIA to manage the funding/payment for the Services, after we provide the relevant Services (or part thereof), The Form Movement will claim payment for those Services from the NDIA; and
(d) Managed by a registered plan management provider – if you have nominated a Plan management provider to manage funding/payments for the Services, you will need to provide their details to us and after we provide the relevant Services (or part thereof), The Form Movement will claim payment for those Services from the plan management provider.
(e) In the event that you are managed by a Plan nominee are NDIA managed or managed by a registered plan management provider, you agree that in the event we are unable to obtain payment for such Services provided to you from those persons, you must pay or cause to be paid when due and payable, all amounts due and payable to us for Services provided to you.
During the term of this Agreement, The Form Movement will:
(a) act with respect for your individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions,
(b) respect your privacy,
(c) provide Services in a safe and competent manner with care and skill,
(d) act with integrity, honesty and transparency,
(e) promptly take steps to raise and act on concerns about matters that may impact the quality and safety of Services,
(f) take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability..
You and your Representatives agree to
(a) let The Form Movement know about any concerns you have with any of the Services which are being provided,
(b) be actively involved in designing the support plan and setting and monitoring goals,
(c) ensure the fees for the Services are able to be met within the funding available in your approved Plan.
You agree that we may charge you 100% of the relevant amount that would otherwise be payable to us if you do not show up for a scheduled Service within a reasonable time, or are not present at the agreed place and within a reasonable time when The Form Movement is travelling to deliver the Services.
(a) Your privacy is important to us. When we provide the Services to you, we will collect, use and disclose information about you. The information is known as Personal Information and Sensitive Information.
(b) Our Privacy and Dignity Policy defines what this Personal Information and Sensitive Information is and how we collect, use and disclose this information. You should read our Privacy and Dignity Policy carefully – it contains important information. You do not have to consent to us collecting, using and disclosing this information.
(a) You are encouraged to raise any feedback, concerns or complaints with us, as this is often the best way to have your issue resolved quickly.
(b) A complaint may be made on an anonymous basis. You can make an anonymous complaint
(c) You can make a complaint to The Form Movement
For all written feedback or complaints, you are encouraged to provide your complaint in the form of our written Feedback and Complaint Form.
(d) You can make a complaint to the NDIS Commission by
(a) The Form Movement and the Client/Participant may terminate this Agreement by giving at least four weeks’ written notice of termination to the other party.
(b) The Form Movement may terminate this Service Agreement with immediate effect if the Client ceases to have a source of individualised government funding (i.e. they are no longer an NDIS participant or all of their NDIS funding is used) or have a source of private funding.
The parties agree that the supply of the Services under this Agreement is the supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the NDIS Act, in the Client’s Plan currently in effect under section 37 of the NDIS Act.
(a) Governing Law and Jurisdiction
This Agreement is governed by the laws of the jurisdiction in which The Form Movement is located. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there.
The parties may only amend this Agreement if each party signs the written amendment.
A provision of this Agreement or a right created under it may not be waived except in writing signed by the party granting the waiver.
(d) Exercise of a Right
A party may exercise a right at its discretion and separately or together with another right. If a party exercises a single right or only partially exercises a right, then that party may still exercise that right or any other right later. If a party fails to exercise a right or delays in exercising a right, then that party may still exercise that right later.
(e) Remedies cumulative
The rights and remedies provided in this Agreement are cumulative with and not exclusive of the rights and remedies provided by law independently of this Agreement.
The parties may execute this Agreement in two or more counterparts and all counterparts together constitute one instrument. A counterpart may be in electronic form.
(g) Consent or Approval
Subject to an express provision in this Agreement, a party may in its absolute discretion