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AEIOU - Services Agreement
This Agreement is between AEIOU Foundation ABN 19 135 897 255 (AEIOU, we, us and our) and each of the Participant and the Guardian (which are collectively referred to as you and your).
General
AEIOU
Provider: AEIOU Foundation
ABN: 19 135 897 255
Address: 3 Balaclava Street, Woolloongabba, Queensland 4102
Contact person: Mr Simon Smith, Chief Financial Officer
Start Date
End Date
The contract end date shall be the last day of the block in which the participant commences services.
The End Date will be automatically extended by an additional 12 weeks on the following dates unless this Agreement is terminated, or you opt out of the automatic extensions.
The parties can also change the End Date by mutual agreement in writing. See clause 1.4.
Services
We will provide the Participant the Services outlined in the Schedule of supports.
Payments
Fees and other amounts payable
You must pay the Fees and any other amounts owed to us under this Agreement by the Due Date.
Payments by the Guardian
The Guardian must pay the following amounts from their personal funds:
The Guardian must pay these amounts in full by the Due Date. See clause 6.3.
Documents that form part of this Agreement
These documents have been provided with this Agreement and form part of the Agreement:
Parent Handbook (Doc No. F2.01A).
AEIOU Client Code of Conduct
This Agreement sets out the terms and conditions on which we provide the Services to the Participant pursuant to the NDIS in our capacity as a registered NDIS provider. During the Term, we may provide other services outside the NDIS, including early childhood education and care services. These other services are provided on other terms and conditions that are separate to and do not form part of this Agreement.
however, we may decline a request in relation to the Services if we determine that the request:
(e) is inconsistent with AEIOU values, philosophy, or curriculum, or breaches the NDIS Quality and Safeguard Commission’s Zero Tolerance Framework.
If you choose not to give us access to the NDIS Plan, you acknowledge and agree that:
You must act and must ensure that each of your Visitors act in accordance with the Client Code of Conduct at all times when engaging with us and our Personnel, and at all times when attending the Centre. If you or a Visitor acts in breach of this code of conduct, this behaviour will amount to a breach of this Agreement.
We will not undertake any assessment or arrange for any medical or other treatment without your consent or the consent of a person legally authorised to give consent on your behalf, except in circumstances that we consider are an emergency. We will determine whether a circumstance is an emergency having regard to your apparent state of health, wellbeing and safety.
We may call an ambulance for you if we think it is necessary for your wellbeing. If you are not covered for ambulance costs (through a health fund or otherwise) then the Guardian must pay those costs using their personal funds.
You give our Personnel permission to enter the Premises by any means if they believe there is an emergency at or about the time of the scheduled Services delivery.
Unless expressly prohibited at law, either party may also terminate this Agreement with immediate effect by giving written notice to the other party if the other party commits a breach of any term of this Agreement and either:
Our non-exercise of, or delay in exercising, any right we have to end this Agreement does not mean that we have waived that right. A right we have may only be waived in writing, signed by us.
Your obligation to pay the Fees and any other amounts owed to us under this Agreement survives termination or expiry of this Agreement.
You are entitled to make complaints about the Services without fear of reprisal. We encourage you to share any feedback, complaints or concerns you have with us so we can seek to address the issue in consultation with you. You can access our policy and procedure and submit your feedback or complaint:
You can also refer any complaints and concerns to the NDIS Commission:
When you provide us with testimonials or reviews on the Services you grant to us a worldwide, perpetual, irrevocable, full paid-up, transferable, non-exclusive licence to use, reproduce, modify, adapt and communicate it in connection with the Services.
This Agreement constitutes the entire Agreement between the parties and supersedes any prior conduct, arrangement, Agreement or understanding in relation to its subject matter.
Each party acknowledges and agrees that it has had the opportunity to obtain independent legal advice on this Agreement, understands the obligations imposed on them under this Agreement, and has entered into this Agreement willingly.
Each party must promptly do all things necessary in order to give effect to this Agreement, including executing and delivering documents.
A notice or other communication required to be given under this Agreement:
Clauses 6, 8, 9.5, 11 and any other clauses containing obligations which by their nature survive expiry or termination of this Agreement or are necessary to give the intended effect to the clauses referred to above, also survive expiry or termination of this Agreement and are enforceable at any time at law or in equity.
Neither party has any liability under or be deemed to be in breach of this Agreement for any delays or failures in performance of this Agreement which result from circumstances beyond the reasonable control of that party. The party affected by such circumstances must promptly notify the other party in writing when such circumstances cause a delay or failure in performance and when they cease to do so. If such circumstances continue for a continuous period of more than 1 month, either party may terminate this Agreement by written notice to the other party.
No failure or delay by us in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor will any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights and remedies provided by law.
Each party shall pay their own costs incurred in preparing and entering into this Agreement.
If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement. It will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
On completion or termination of this Agreement, the rights and obligations of the parties set out in this Agreement will not merge and any provision that has not been fulfilled remains in force.
but must not be changed in a way that is inconsistent with the NDIS Legislation or GST Act.
Except as provided in this Agreement and permitted by law, the rights, powers and remedies provided in this Agreement are cumulative with and not exclusive to the rights, powers or remedies provided by law independently of this Agreement.
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Queensland. The parties submit to the non-exclusive jurisdiction of the courts in Queensland.
In this Agreement, the following words have the following meanings.
Agreement means this agreement comprising the terms and conditions described in clause 1.1(a).
Business Day means a date that is not a Saturday, Sunday or public holiday in Queensland.
Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
Centre means the location identified in item 6 of the Summary Table.
Due Date means the date an amount payable to us becomes due and payable, being the date calculated as set out in this Agreement or otherwise specified by us to you including in an invoice.
Guardian means the person listed in item 3 of the Summary Table.
Fees means the amounts payable by you in exchange for the Services.
GST and GST Act means A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Losses includes any loss, damage, cost, charge, liability or other expense of any nature (including legal costs and expenses on a full indemnity basis).
NDIA means the National Disability Insurance Agency.
NDIS means the National Disability Insurance Scheme.
NDIS Act means the National Disability Insurance Scheme Act 2013 (Cth).
NDIS Funding means the funding provided under the Participant’s NDIS Plan.
NDIS Legislation means the NDIS Act and the rules and other subordinate legislation made under the NDIS Act as amended from time to time.
NDIS Plan means the Participant’s NDIS support plan as amended by the NDIA from time to time.
Participant means the person listed in item 2 of the Summary Table.
Personal Information has the same meaning as it does in the Privacy Act 1988 (Cth) and includes health and other sensitive information.
Personnel means AEIOU’s directors, employees, contractors, subcontractors and agents.
Premises means the Participant’s principal place of residence, being the address identified in item 2 of the Summary Table or such other alternative premises notified to us by you from time to time.
Price Guide means the NDIS Pricing Arrangements and Price Limits as amended by the NDIA from time to time.
Schedule of supports means the attachment to the Schedule which sets out the Services, Fees, exit rules and intended outcomes to be achieved by the Services, all as amended from time to time pursuant to clause 2.2.
Start Date means the date set out in item 4 of the Summary Table.
Services means the services provided by AEIOU to the Participant under this Agreement and which the Participant has been assessed as requiring under the NDIS Plan, and which are specified in the Schedule of supports as amended from time to time.
Term has the meaning at clause 1.4.
Third Party Providers has the meaning given to that term at clause 3.8.
Visitors means persons you invite or permit to attend the Centre, your Premises or any other location where Services are being provided.
We, us, our means AEIOU and its successors and assigns.
You, your means the Participant and/or the Guardian, and shall be interpreted to mean both of them where the context permits unless the clause expressly states to the contrary.
In this Agreement unless the context otherwise requires:
Unless expressed to the contrary in this Agreement, if the doing of any act, matter or thing under this Agreement is dependent on the consent or approval of a party or is within the discretion of a party, the consent or approval may be given or the discretion may be exercised conditionally or unconditionally or withheld by the party in its absolute discretion.
If any provision of this Agreement is held at law to be illegal or unenforceable, or where there is an inconsistency with the NDIS Legislation, the provision shall be severed from the Agreement so far as is necessary to comply with the law and the validity and enforceability of the remainder of the Agreement will not be affected.