Terms of Service

1. About These Terms

These Terms of Service ("Terms") govern your use of services provided by Perpetual Care Australia Pty Ltd ("we," "us," "our," "Perpetual Care Australia"). These Terms apply to:

• NDIS participants receiving our support services
• Plan nominees, guardians, and family members acting on behalf of participants
• Visitors to our website at www.perpetualcare.com.au
• Anyone enquiring about or engaging our services

2. Our Services

Perpetual Care Australia is a registered NDIS provider offering the following services across Melbourne's South East region:

• Daily Living Support: Assistance with everyday routines and personal care tasks
• Cleaning Services: In-home cleaning and household support
• Support Coordination: Help connecting with providers and understanding your NDIS plan
• Plan Management: Invoice processing, budget tracking, and provider payment services
• Transport Assistance: Support getting to appointments, shopping, and community activities
• Meal Preparation: Meal planning and cooking support

3. Service Agreement

3.1 Written Service Agreement

Before services commence, we will provide you with a written Service Agreement that outlines:

• Services to be delivered and how they will be provided
• Service costs and payment terms
• Your rights and responsibilities as a participant
• Our obligations as your service provider
• How to provide feedback or make a complaint
• Terms for changing or cancelling services

3.2 Your Rights Under the Service Agreement

You have the right to:

• Receive services that are safe, respectful, and of high quality
• Be treated with dignity and respect at all times
• Make choices about your supports and how they are delivered
• Have your privacy protected and personal information kept confidential
• Provide feedback or raise concerns without fear of reprisal
• Change or cancel services with appropriate notice
• Access your records and information we hold about you

4. Eligibility and NDIS Requirements

4.1 NDIS Eligibility

To access our NDIS-funded services, you must:

• Have an approved NDIS plan with relevant funding categories
• Provide a copy of your current NDIS plan or Service Booking
• Have sufficient funding available in your plan for the requested services
• Consent to us claiming payment from the NDIS on your behalf

4.2 Service Location

Our services are primarily delivered in Melbourne's South East region, including Narre Warren, Cranbourne, Clyde North, Berwick, Dandenong, Frankston, Pakenham, and surrounding suburbs. Services outside this area may be available subject to discussion and agreement.

5. Pricing and Payment

5.1 NDIS Pricing

Our services are charged in accordance with:

• NDIS Pricing Arrangements and Price Limits, including Support Catalogue rates
• Your NDIS plan budget and funding categories
• Any price limits specified in your plan

5.2 Invoicing and Claims

For NDIS-funded services:

• Plan-managed participants: We invoice your plan manager after service delivery
• Agency-managed participants: We claim directly from the NDIS via the myplace portal
• Self-managed participants: You pay us directly and claim reimbursement from the NDIS

5.3 Payment Terms

Invoices are payable within 14 days of issue unless otherwise agreed. For self-managed participants, payment is due before we submit claims on your behalf.

5.4 Cancellation Fees

Cancellation fees may apply in accordance with the current NDIS Pricing Arrangements and Price Limits and the terms of your Service Agreement:

• Less than 7 days' notice for DSW supports: A short notice cancellation fee may apply where the support item allows a 7 day short notice cancellation claim.
• Less than 2 clear business days' notice for non-DSW supports: A short notice cancellation fee may apply where the support item allows a 2 clear business day short notice cancellation claim.
• Enough notice under the applicable NDIS cancellation rule: No cancellation fee
• Emergency cancellations: No fee for genuine emergencies (illness, hospitalization, family emergency)

6. Service Delivery and Standards

6.1 NDIS Practice Standards

We comply with the NDIS Practice Standards and NDIS Code of Conduct, including:

• Acting with respect for participant rights and dignity
• Delivering supports safely and competently
• Maintaining professional boundaries
• Protecting participant privacy and confidentiality
• Preventing and responding to violence, abuse, neglect, and exploitation

6.2 Quality and Safety

We are committed to providing high-quality, safe services by:

• Employing qualified, experienced, and screened staff
• Ensuring all workers have valid NDIS Worker Screening Checks
• Providing ongoing training and professional development
• Maintaining appropriate insurance coverage
• Implementing risk management and incident response procedures

6.3 Changes to Services

We reserve the right to:

• Substitute support workers when necessary (e.g., illness, leave) with appropriate notice
• Modify service delivery times or methods with your agreement
• Decline or discontinue services if safety concerns arise

7. Your Responsibilities

As a participant receiving our services, you agree to:

• Provide accurate information about your support needs and NDIS plan
• Inform us of any changes to your plan, contact details, or circumstances
• Treat our staff with respect and courtesy
• Provide a safe working environment for our staff
• Give reasonable notice if you need to cancel or reschedule services
• Allow our staff access to your home or service location as required
• Pay invoices on time as per agreed payment terms
• Notify us immediately of any concerns, incidents, or safety issues

8. Safeguarding and Incident Management

8.1 Incident Reporting

We have processes in place to identify, respond to, and report incidents including:

• Injuries or health emergencies
• Abuse, neglect, or exploitation
• Unauthorized use of restrictive practices
• Theft, fraud, or financial irregularities

Reportable incidents will be reported to the NDIS Commission as required by law.

8.2 Your Safety

If you feel unsafe or experience harm while receiving our services, please contact us immediately. You can also contact the NDIS Commission on 1800 035 544.

9. Complaints and Feedback

9.1 How to Provide Feedback

We welcome your feedback about our services. You can provide feedback by:

• Speaking directly with your support worker or coordinator
• Calling us on 0406 730 886
• Emailing admin@perpetualcare.com.au
• Submitting a written complaint via mail

9.2 Complaint Resolution Process

We will:

• Acknowledge your complaint within 2 business days
• Investigate thoroughly and impartially
• Keep you informed throughout the process
• Provide a written response within 30 days
• Take action to address issues and prevent recurrence

9.3 External Complaints

If you are not satisfied with our response, you can lodge a complaint with:

• NDIS Commission: 1800 035 544 or www.ndiscommission.gov.au
• Disability Advocacy Services: For independent support and representation

See our separate Complaints & Feedback Process page for full details.

10. Service Termination

10.1 Termination by Participant

You may terminate services at any time by providing:

• 14 days' written notice for ongoing services
• Immediate notice for one-off or short-term services

No penalties apply for terminating services, though cancellation fees may apply for scheduled appointments where less than the applicable NDIS short notice cancellation period is provided.

10.2 Termination by Perpetual Care Australia

We may terminate services with 14 days' notice if:

• Your NDIS plan expires or funding is exhausted
• We can no longer safely provide the required supports
• There are ongoing breaches of this agreement
• Staff safety is at risk

In cases of serious safety concerns or threatening behavior, we may suspend services immediately.

11. Privacy and Confidentiality

We are committed to protecting your personal information in accordance with the Privacy Act 1988 and Australian Privacy Principles. Please refer to our Privacy Policy for full details on how we collect, use, store, and protect your information.

12. Liability and Insurance

12.1 Our Insurance

We maintain appropriate insurance coverage including:

• Public liability insurance
• Professional indemnity insurance
• Workers' compensation insurance

12.2 Limitation of Liability

To the extent permitted by law:

• We are not liable for loss or damage arising from circumstances beyond our reasonable control
• Our liability is limited to re-performing services or refunding fees paid
• Nothing in these Terms excludes our liability for fraud, negligence causing death or personal injury, or breaches of consumer guarantees under Australian Consumer Law

13. Intellectual Property

All content on our website, including text, graphics, logos, and images, is owned by Perpetual Care Australia or used with permission. You may not reproduce, distribute, or use our content without written permission.

14. Website Use

14.1 Acceptable Use

When using our website, you agree not to:

• Use the site for any unlawful purpose
• Attempt to gain unauthorized access to our systems
• Transmit viruses or malicious code
• Interfere with the proper functioning of the website
• Collect personal information of other users

14.2 Third-Party Links

Our website may contain links to external websites (e.g., NDIS portal, myGov). We are not responsible for the content or privacy practices of third-party sites.

14.3 No Warranty

Our website is provided "as is" without warranties of any kind. We do not guarantee uninterrupted access or error-free operation.

15. Force Majeure

We are not liable for failure to perform our obligations due to events beyond our reasonable control, including:

• Natural disasters (floods, bushfires, pandemics)
• Government orders or public health directives
• Industrial disputes or civil unrest
• Utility failures or infrastructure damage

We will make reasonable efforts to resume services as soon as practicable.

16. Changes to These Terms

We may update these Terms from time to time to reflect:

• Changes in our services or business practices
• Legal or regulatory requirements
• NDIS Pricing Arrangements and Price Limits or Practice Standards updates

Updated Terms will be posted on our website with the revision date. Continued use of our services constitutes acceptance of the updated Terms.

17. Governing Law

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

18. Dispute Resolution

Before commencing legal proceedings, both parties agree to:

1. Discuss the matter in good faith
2. Attempt to resolve the dispute through our complaints process
3. Consider mediation or alternative dispute resolution

19. Severability

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

20. Entire Agreement

These Terms should be read together with your Service Agreement and our Privacy Policy. If there is any inconsistency, your signed Service Agreement and applicable NDIS requirements take priority.

21. Contact Information