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HABITABILITY NDIS SERVICES AGREEMENT: TERMS AND CONDITIONS

1. About this Agreement

1.1. What is this Agreement?

The terms of this Agreement set out your and our obligations and are legally binding on you and us from either the date the Agreement is signed by all parties or the date we commence your Services (whichever date is earlier).

1.2. Signing

  • Please sign and return this Agreement to us before the Start Date.
  • If you do not sign this document but choose to accept your Services from us, we will provide your Services on the same terms set out in this Agreement and this Agreement will still be legally binding on you.
  • This Agreement must be signed by you if you have legal capacity to do so. If you lack legal capacity to enter into this Agreement, your Authorised Representative must review and enter into this Agreement on your behalf and by doing so they assume all of your obligations and liabilities under this Agreement.
  • If you have any questions about your Agreement, please ask us before signing. You may wish to obtain independent legal and/or financial advice before signing. We cannot provide this advice to you. The cost of this advice is your responsibility.

1.3 Your acknowledgements on signing

By signing this Agreement, you acknowledge and agree that you have been advised by us to obtain independent legal and financial advice about the terms of this Agreement before signing this Agreement and had the opportunity to ask us about the terms of this Agreement, and that we have answered all your questions to your satisfaction.

1.4 Term

This Agreement starts on the Start Date and shall be in force up to and including the End Date.

2. Services

2.1. Provision of Services

We will provide the Services outlined in Schedule 1. We will:
  • consult you on decisions about how your Services are provided and how we propose to deliver Services in a way that meet your needs, goals and preferences; and
  • provide you with all information you reasonably require to make informed decisions about your Services and any other matter referred to in this Agreement, however, we may decline a request in relation to your Services if we determine that the request is inconsistent with your NDIS Plan or, if complied with by us:
  • could cause physical or mental harm to you, our Personnel or others;
  • could cause us to be in breach of our legal obligations; or
  • is otherwise contrary to your care needs and best interests.

2.2. Review of your Services

We will review your Services on request and in consultation with you at least once a year, or more frequently if requested by you. You will be encouraged to identify goals and outcomes, which may include independence, wellness, wellbeing and re-ablement. If you and we agree to change your Services, we will update Schedule 1 by following the steps set out in clause 11.10(b) and the changes will take effect from the date those steps are completed.

2.3. NDIS Plan

You can consent to us accessing your NDIS Plan within the myplace portal system, and we can help you do this if you ask for assistance. This will help us complete administrative tasks involved in delivering the Services and keep you informed about the Services by reference to your NDIS Plan contents. If you choose not to give us access to the NDIS Plan, you acknowledge and agree that:.
  • we will act in full reliance on the information you and others provide to us about the NDIS Plan and your care needs; and
  • if we do not have complete and accurate information, this may impact your Services.

3. General rights and responsibilities

1.1. General

These general rights and responsibilities are additional to the other rights and responsibilities outlined in other sections of this Agreement.

1.2. You must notify us of important changes

You must notify us in writing as soon as practicable if:
  • the NDIS Plan is changed, suspended or replaced;
  • you cease to be a participant in the NDIS;
  • there is insufficient NDIS Funding to pay for your Services
  • where applicable – there is any change to your plan management provider; or

there is any actual or potential delay in payments of our Fees, for any reason.

1.3. Our code of conduct

We will provide your Services to you in compliance with the code of conduct prescribed by the NDIS Laws, which requires us to:
  • act with respect for individual rights to freedom of expression, self-determination and decision-making in accordance with applicable laws and conventions;
  • respect the privacy of people with disability;
  • provide supports and services in a safe and competent manner, with care and skill;
  • act with integrity, honesty and transparency;
  • promptly take steps to raise and act on concerns about matters that may impact the quality and safety of supports and services provided to people with disability;
  • take all reasonable steps to prevent and respond to all forms of violence against, and exploitation, neglect and abuse of, people with disability; and
  • take all reasonable steps to prevent and respond to sexual misconduct.

1.4. Service arrangements

(a) You must:
  • (i) respect the right of our Personnel to work in an environment free from harassment and intimidation and treat our Personnel with dignity and respect;
  • (ii) be available at the scheduled time for a Service or, if you cannot be available, cancel the Service in accordance with clause 6.3;
  • (iii) pay all Fees owed under this Agreement by the Due Date;
  • (iv) allow our Personnel to complete their duties without delay in the time allocated to you; and
  • (v) ask us before you take a photo or recording of our Personnel (even if they agree).

(b) You must not:
  • (i) ask our Personnel to provide services under this Agreement which are outside the scope of the Services;
  • (ii) offer money or gifts to our Personnel; or
  • (iii) offer to directly employ any of our Personnel, or make the offer on another person’s behalf, unless you ask us first.

1.5. Property

  • You acknowledge and agree that we do not own or control the Property. Our role is limited to arranging for you and our visiting Personnel to attend the Property during the Term as part of the Services. While we will make reasonable enquiries as to the safety and suitability of the Property, we act in reliance on the information provided by the owner or operator of the Property.
  • You and your Visitors must not do anything at the Property which is illegal, interferes in the peace and quiet enjoyment of neighbours and other occupants, could damage the Property or its contents, or is otherwise in breach of any rules or requirements of the Property owner or operator. We will notify you of any Property rules or requirements that we are aware of before the Start Date.
  • You acknowledge that we may incur costs to arrange our provision of Services at the Property at your request and agree to indemnify us for any costs we incur in the event the Services are cancelled by you or suspended for reasons within your control. You may be required to pay these costs using your own money instead of NDIS Funding. We will notify you of any such cancellation fees that we are aware of before you request the Services for that Property so you can make an informed decision about whether you wish to proceed with your Services booking

1.6. Safe work environment

You must take all reasonable steps to ensure the Property is a safe work environment for our Personnel, including by informing us and our visiting Personnel of any potential risks, dangers and other matters which might adversely affect the health or safety of our Personnel including in circumstances where you or a Visitor are:
  • diagnosed with or displaying any symptoms of having an infectious disease, including coronavirus, gastroenteritis, flu, measles, chicken pox, shingles, mumps or hepatitis A;
  • under the influence of medication, drugs or alcohol which could impact judgement or behaviour towards our Personnel; or
  • using any medication that may require us or our Personnel to wear safety equipment or take any other precautions (e.g. chemotherapy),
  • act with integrity, honesty and transparency;

and we reserve the right to provide your Services differently from your preferred way to ensure the safety of our Personnel. Although we will use reasonable endeavours to ensure that any change will not be detrimental to you, we cannot guarantee this given that the reason for the change is outside of our control.

1.7. Your right to engage other providers

You may choose to receive supports from other organisations that are unrelated to us and are not subcontracted to us (Third Party Providers). If you engage a Third Party Provider, you acknowledge and agree that:
  • you are entering into a direct service relationship with the Third Party Provider;
  • we are not responsible for any of your Services you have asked them to provide; and
  • we have no legal or contractual relationship with the Third Party Provider, and we are not responsible for anything they do or do not do,

and you hereby irrevocably release us from any Claims or Losses which may be incurred or suffered by you or any other person whatsoever as a consequence of or in connection to any act or omission of Third Party Providers.

2. Authorised Representative

2.1. Role

Your Authorised Representative is the person nominated to be kept informed about matters affecting you under this Agreement, and perform your obligations under this Agreement on your behalf if you lack capacity to perform them on yourself (including all your payment obligations under clause 7). If you have legal capacity to enter into this Agreement on your own behalf, choosing an Authorised Representative is optional. If you lack legal capacity to enter into this Agreement, an Authorised Representative must enter into this Agreement on your behalf – see clause 4.2.

2.2. Signing this Agreement on the Participant’s behalf

If your Authorised Representative signs this Agreement on your behalf, they warrant to us that:
  • you lack legal capacity to enter into this Agreement;
  • they have legal authority to do so on your behalf; and
  • they understand that they are assuming your liabilities and obligations under this Agreement, including all your payment obligations under clause 7; and
  • they will fully comply with your obligations under this Agreement on your behalf, and we act in reliance on those warranties.

2.3. Changes to Authorised Representative

You represent to us that the person at item 3 of the Summary Table is your chosen Authorised Representative. Unless we are notified in writing by you that there has been a change to the person appointed or the extent of their authority, we are entitled to rely on this representation.

3. Emergencies

3.1. Medical treatment and consent

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.

3.2. Ambulance fees

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 you must pay those costs using your own money.

3.3. Entering the Property in an emergency

You give our Personnel permission to enter any area of the Property by any means if they believe there is an emergency. If it is necessary to cause damage to locks or other security devices to access an area of the Property in these circumstances, you agree to pay for the reasonable costs of the repair.

3.4. Disruption of Services in the event of an emergency or disaster

If we cannot provide some or all of your Services due to an emergency or disaster (for example, due to localised flooding, bushfires, a pandemic, power outages), we will:
  • notify you as soon as possible;
  • keep you informed about the impact on your Services, including when we expect Service delivery to return to normal;
  • take all reasonable steps to reduce the disruption to your Services, including where appropriate agreeing on alternative Service arrangements in consultation with you; and
  • not charge you for any Service or part of a Service we do not deliver.

4. Changes, suspension and cancellation

4.1. Temporary changes to your Services

We may make temporary changes to your Services if something unexpected happens (e.g. our Personnel are sick). We will give you as much notice as reasonably possible and will not charge you for Services that have not been provided. Where possible we will provide at least 24 hours notice and seek to reschedule the Services to a mutually agreed time.

4.2. Suspension

(a) We may stop providing some or all of your Services if:
  • (i) we determine that a condition outlined in item 14 of the Summary Table is not met, and must be met for Services to continue;
  • (ii) we anticipate that we will be unable to access the Property at the scheduled times for Service;
  • (iii) we determine that doing so may cause us or our Personnel to be in breach of a law, including workplace health and safety laws;
  • (iv) any of our Personnel have been threatened or intimidated, verbally abused or assaulted while providing your Services; or
  • (v) any Fees or other amounts owed to us under this Agreement are not paid by the Due Date, or you tell us you do not intend to pay them.
(b) If we decide to suspend our provision of Services under this Agreement, we will inform you about:
  • (i) our decision to stop providing Services and why;
  • (ii) any other arrangements that we agree to make for you; and
  • (iii) what we propose to do to address the situation that caused us to suspend, and what you may need to do.
(c) Upon becoming aware of our suspension, you and your Visitors must immediately vacate the Property including removing all personal belongings and must not re-enter during the suspension period.
(d) Following suspension, we will either resume our provision of Services as soon as reasonably practicable or we will end this Agreement as set out in clause 9.
(e) We will not charge you for Services that we do not provide. However, if the suspension is in response to any acts or omissions by you, you must pay for any cancellation fees and similar charges issued to us by the Property owner or operator. We will invoice you for these costs pursuant to clause 7.

4.3. Cancellation

  • While we will take all reasonable measures to provide the Services as agreed there may be circumstances where we need to cancel the Services. We will give you as much notice as reasonably possible and will not charge you for Services that have not been provided. Where possible we will provide at least 48 hours notice.
  • You must advise us at your earliest opportunity if you wish to cancel any of your Services that we are scheduled to provide to you, and at least 24 hours before the scheduled time of the Service, by email to jade@habitability.com.au. It is your responsibility to ensure that we do in fact receive your cancellation request at least 24 hours in advance, so we recommend you also call us to confirm receipt on 0401768953.
  • If you cancel the Services you must pay the following amounts:
More than 7 days’ notice You do not pay a Fee to us.
You must reimburse us for any amounts the Property owner or operator charges us due to your cancellation: see clauses 3.5(b) and 7.4.
Less than 7 days’ notice, but we were able to find alternative billable work for the relevant worker or we do not have to pay them for the time that would have been spent providing the Services You do not pay a Fee to us.
You must reimburse us for any amounts the Property owner or operator charges us due to your cancellation: see clauses 3.5(b) and 7.4.
Less than 7 days’ notice, and we are unable to find alternative billable work for the relevant worker and must pay them for the time that would have been spent providing the Services. You pay 100% of our Fees for the cancelled service.
You do not have to reimburse us for any fees the Property owner or operator charges us due to your cancellation.
Cancellation in any circumstance due to a positive COVID-test. You do not pay a Fee to us, subject to you producing evidence to our reasonable satisfaction.
You must reimburse us for any amounts the Property owner or operator charges us due to your cancellation: see clauses 3.5(b) and 7.4.

5. Payments

1.1. Fees

You agree to pay the Fees as consideration for your Services. The Fees:
  • shall be invoiced in arrears, on a weekly basis or as otherwise mutually agreed in writing; and
  • must be paid to us by the applicable Due Date – see clauses 7.2 and clause 7.3

1.2. Payments for Fees using NDIS Funding

You may pay for the Fees using NDIS Funding. How we invoice you for Fees which we believe can be paid for using NDIS Funding depends on who is responsible for managing your NDIS Funding (see item 10 of the Summary Table):
  • If your NDIS Funding is self-managed: we will issue an invoice to the email address at item 2 of the Summary Table, and the Due Date for that invoice is 5 Business Days from the invoice date;
  • If your NDIS Funding is plan-managed: we will issue an invoice to your plan management provider using the contact details specified in item 13 of the Summary Table, and the Due Date for that invoice is 14 days from the invoice date,

and in all cases, if the invoiced Fees are not paid by the Due Date, clause 7.3 will apply.

1.3. Payments for Fees using your own money

(a) If:
  • (i) we incur an expense on your behalf which cannot be paid for using your NDIS Funding, including the expenses outlined in clause 7.4;
  • (ii) we become aware that you do not have sufficient NDIS Funding to pay your Fees; or
  • (iii) an invoice issued pursuant to clause 7.2 is not paid by the Due Date using NDIS Funding, for any reason,
  • we will invoice you for the Fees using the contact details specified in item 2 or 3 of the Summary Table (as applicable) and the Due Date for payment is the date specified in that invoice. That invoice must be paid by the Due Date.

1.4. Other expenses

You may incur expenses, or we may incur expenses on your behalf, in connection to the Services which are payable to third parties and cannot be paid for using NDIS Funding – e.g. event tickets, food and beverage consumed at events, ambulance fees, and cancellation fees charged by the Property owner or operator in the event of your cancellation of the Services. You are solely responsible for paying for these expenses by the due date.

1.5. GST

A support of Services under this Agreement is supply of one or more reasonable and necessary Services specified in the Schedule included, under subsection 33(2) of the NDIS Act, in your NDIS Plan currently in effect under section 37 of the NDIS Act. On that basis, as at the date a copy of this Agreement was provided to you, we have determined the Fees for your Services are GST exempt. If any supply made by us under this Agreement or any variation to is a taxable supply for the purposes of the GST Act, then in addition to any amount expressed as payable to us elsewhere in this Agreement, we shall also be entitled to recover from you an additional amount on account of GST and that additional amount is payable on the same Due Date of the relevant amount.

2. Indemnity and release

2.1. Release for your personal property

Your use of personal property during or in connection to your Services is at your own risk and you are solely responsible for ensuring any personal property is safe for use.

2.2. Limitation Of Liability

Except as otherwise provided for in Consumer Guarantees, we provide no guarantee or warranty regarding the suitability, fitness or timing of the services provided under or in connection with this Agreement. To the maximum extent permitted by law, our liability for a breach of a Consumer Guarantee and any other claim you may have under or in connection with this Agreement concerning inadequate or unsuitable services is limited to (at our option):
  • supplying the service or service(s) the subject of the claim again; or
  • paying the cost of having the service of service(s) the subject of the claim supplied again by a third party.

3. Termination

3.1. Termination for convenience

Either party may terminate this Agreement at any time by giving the other party 10 Business Days’ notice in writing. If termination also amounts to a cancellation of booked Services, clause 6.3 also applies.

3.2. Termination by us

Unless expressly prohibited at law, we may also terminate this Agreement immediately if:
  • we determine that a condition outlined in item 14 of the Summary Table is not met, is unlikely to be met, and must be met for Services to continue;
  • you or your Visitors present, in our reasonable opinion, a continuing risk to the health, safety or welfare of our Personnel;
  • you are no longer participating in the NDIS; or
  • we cannot, or anticipate that we will not be able to, access the Property or otherwise provide you with Services at the Property during the Term.

3.3. Termination by you

You may terminate this Agreement immediately on given written notice to us, in the event that we breach a term of this Agreement and fail to rectify that breach within 7 days’ of receipt of a notice from you to do so.

3.4. Continuing right to payment

Your obligation to pay the Fees and any other amounts owed to us under this Agreement survives termination or expiry of this Agreement.

4. Feedback and complaints hide

You are entitled to raise concerns and complaints about us and your Services without fear of retribution. 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:

You can also refer any complaints and concerns to the NDIA:

Website: https://www.ndis.gov.au/contact/feedback-and-complaints

You can contact the Translating and Interpreting Service if you require the assistance of an interpreter in any of the above circumstances:

5. General provisions

5.1. Entire Agreement

This Agreement constitutes the entire Agreement between the parties and supersedes any prior conduct, arrangement, Agreement or understanding in relation to its subject matter.

5.2. Further assurances

Each party must promptly do all things necessary in order to give effect to this Agreement, including executing and delivering documents.

5.3. Notices

A notice or other communication required to be given under this Agreement must be in writing and:
(a) if sent by us to you, must be issued to you using:
  • (i) the contact details at item 2 of the Summary Table; or
  • (ii) the contact details at item 3 of the Summary Table – if an Authorised Representative has entered into this Agreement on your behalf,
  • or such other address or email address notified in writing by you to us;
(b) if sent by you to us, must be issued to us using the contact details at item 1 of the Summary Table or such other address or email address notified in writing by us to you;
(c) subject to clause 11.3(d), is deemed to be given by the sender and received by the addressee:
  • (i) if delivered in person, upon delivery to the recipient;
  • (ii) if sent by email, on the date and time shown on the email;
  • (iii) if posted, 2 Business Days (or 6 Business Days, if posted outside Australia) after the date of posting to the addressee, irrespective of whether the notice is received or not; and
(d) if delivered or received on a day which is not a Business Day, it is taken to have been delivered or received on the following Business Day and, if delivered or received after 4:00PM (addressee’s time), then notice is taken to have occurred at 9:00AM on the following Business Day

5.4. Survival

Clauses 3.5, 3.7, 4.2, 6.2(e), 6.3(c), 7, 8, 9.3, 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.

5.5. Waiver

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

5.6. Costs

Each party shall pay their own costs incurred in preparing and entering into this Agreement.

5.7. Transfer and assignment

We can assign, novate, transfer or encumber our rights and obligations under this Agreement on giving you 15 Business Days written notice. While we do not need your permission to do this, we will inform you about any such change. If you do not agree to the change, you may terminate this Agreement for convenience in accordance with clause 9.1 prior to the change occurring. You cannot assign, novate, transfer or encumber any right or liability under this Agreement without our prior written consent which will not be unreasonably withheld.

5.8. Severance

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.

5.9. No merger

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.

5.10. Variation

This Agreement may be varied:
  • by us if it is necessary to implement changes to the GST Act, by written notice to you, in which case the variation will take effect on the date specified in the written notice; or
  • by mutual agreement in writing, in which case the variation will take effect on the date agreed in writing by the parties,

but must not be changed in a way that is inconsistent with the NDIS Laws or GST Act.

5.11. Counterparts, execution and exchange

This Agreement may be executed in any number of counterparts and, if so, the counterparts taken together will constitute one and the same Agreement. The counterparts of this Agreement may be delivered by email or other electronic means by any of the parties, in which case the receiving party may rely on the receipt of such document so executed and delivered as if the original had been received.

5.12. Remedies cumulative

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.

5.13. Law and jurisdiction

This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in New South Wales. The parties submit to the non-exclusive jurisdiction of the courts in New South Wales.

6. Definitions and interpretation

6.1. Definitions

In this Agreement, the following words have the following meanings.
Agreement means this Agreement comprising the Summary Table, Operative Provisionsthese Terms and Conditions, and the Schedule as amended from time to time.
Business Day means a date that is not a Saturday, Sunday or public holiday in New South Wales.
Claims means all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise).
Consumer Guarantees means the guarantees set out in Schedule 2, Part 3-2, Division 1 of the Competition and Consumer Act 2010 (Cth).
Due Date means the date an amount payable to us becomes due and payable, being the due date specified in this Agreement or otherwise specified in an invoice we issue to you.
Enduring Guardian means the person currently and validly appointed to act as your enduring guardian pursuant to a legally binding enduring power of guardianship instrument.
Enduring Power of Attorney means the person currently and validly appointed to act as your enduring power of attorney pursuant to a legally binding enduring power of attorney instrument.
Fees means the amounts payable by you in exchange for your Services pursuant to clause 7.
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 Laws 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, who receives your Services.

Personnel means our directors, employees, contractors, subcontractors and agents.

Price Guide means the NDIS Pricing Arrangements and Price Limits and any applicable supplementary guides and addendums, all as amended by the NDIA from time to time.

Property means the accommodation we arrange for you to access as part of the Services, being the address identified in item 8 of the Summary Table. 

Start Date means the date set out in item 4 of the Summary Table.

Services means the supports we provide to the Participant and which the Participant has been assessed as requiring under the NDIS Plan, and which are specified in Schedule 1.

Term has the meaning at clause 1.4.

Visitors means persons you invite or permit to attend the Property or any other location where Services are being provided, including friends, family members and Third Party Providers.

We, us, our means Habitability and its successors and assigns.

You, your means the Participant and, where applicable, includes your Authorised Representative. 

6.2. Interpretation

In this Agreement unless the context otherwise requires:
  • expressions which are not defined in this Agreement, but which have a defined meaning in the NDIS Laws, have the same meaning in this Agreement;
  • words importing any gender include every gender;
  • words importing the singular number include the plural number and vice versa;
  • words importing persons include firms, companies and corporations and vice versa;
  • references to numbered clauses, paragraphs and schedules are references to the relevant clause or paragraph in or schedule to this Agreement;
  • reference in any schedule to this Agreement to numbered paragraphs relate to the numbered paragraphs of that schedule;
  • any obligation on any party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
  • the headings to the clauses and schedules of this Agreement are not to affect the interpretation;
  • any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or bylaw made under that enactment;
  • a reference to a particular day or time is to that day or time in New South Wales;
  • a reference to “dollars” or “$” is to Australian currency;
  • the word “parties” means the parties to this Agreement, and the word “party” is a reference to one of the parties to this Agreement as the context permits;
  • the word “including” (and related forms including “includes”) shall be understood as meaning “including without limitation”; and
  • nothing in this Agreement is to be interpreted against a party solely on the ground that the party or its advisers drafted it.

1.2. Inconsistency with NDIS Laws

If any provision of this Agreement is held at law to be illegal or unenforceable, or where there is an inconsistency with the NDIS Laws, 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.

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