Plan Management Terms & Policies

Please Read This Agreement Carefully

Using our plan management service means you accept the terms set out on this page.

In this agreement, "we", "us", "our" or "TMS" refers to [TMS Legal Entity Name] ABN [TMS ABN], including any related entities or business partners.

This agreement takes effect once you accept these terms and is governed by the laws referenced at the end of this page.

We may update these terms from time to time and will let you know when we do. If you don't agree with an update, you're entitled to end your plan management service with us — continuing to use the service after an update means you accept the change.

Eligibility

To use TMS Plan & Support Management's services, you need to:

• Be at least 18 years old, or have an authorised representative acting on your behalf.
• Have the legal capacity and authority to enter into this agreement.
• Agree to follow the terms, policies, rights and responsibilities set out here.
• Have plan management funding included in your NDIS plan, or intend to request that it be added.

If you're entering this agreement as an authorised representative on someone else's behalf, you confirm that you are at least 18, have the authority to act for that person, and agree to the same responsibilities that apply to Participants.

Your Responsibilities

As a Participant (or authorised representative), you agree to:

• Provide accurate, current details needed to deliver our service, including your NDIS plan details, date of birth and NDIS number.
• Tell us promptly if your NDIS plan is suspended, replaced, or if you're no longer an NDIS participant.
• Share the information we reasonably need to understand your situation and provide an effective service.
• Only set up plan management through this agreement for yourself, unless you're expressly authorised to act on someone else's behalf.
• Take responsibility for activity that happens through your account, and keep your login details secure.
• Understand that giving access to your financial information to family, support people, or providers is something you control and are responsible for keeping accurate.
• Engage with us respectfully — this agreement doesn't permit discriminatory, abusive, threatening or harassing conduct toward our team or others.
• Avoid using our service to participate in or encourage unlawful activity.
• Avoid actions that would restrict other participants from using the service or that would damage TMS's reputation or interests.

If a concern arises about conduct under this agreement, we'll raise it with you directly and aim to resolve it. In some circumstances, this could lead to your plan management service being discontinued.

Your Rights

As a Participant, you have the right to:

• Receive a quality plan management service.
• Be treated with dignity, respect and courtesy.
• Access a service that is free from discrimination, abuse or harm.
• Provide feedback, compliments, suggestions or complaints, and have them considered.
• Receive a timely response to feedback or complaints.
• Get information in a format that's clear and makes sense to you.
• Exercise choice and control in decisions about your plan.
• Involve a representative, formal or informal, in decisions about your service.
• Have your privacy and confidentiality respected and protected.

Our Responsibilities

While your plan management service with us is active, we will:

• Act as your financial intermediary for NDIS-funded supports.
• Reconcile your NDIS plan budget on an ongoing basis.
• Give you the opportunity to review invoices before they're paid, where practical.
• Pay your provider invoices on your behalf.
• Process reimbursement claims where applicable.
• Track your spending against your plan budget and make that information available to you.
• Provide regular statements showing your spending and remaining funds.
• Discuss with you how your funding is being used.
• Support you with provider service agreements where needed.
• Help you track progress toward the goals in your plan.
• Offer guidance to help you get more value from your NDIS plan.
• Be available to answer questions and resolve issues.
• Communicate with you by phone, email or other agreed channels.

Our team commits to:

• Relying on the information you give us as accurate and current.
• Supporting your choice and control, rather than limiting it.
• Responding to your specific needs and requests.
• Respecting the decisions you make about your plan.
• Listening to feedback and working to resolve issues quickly.
• Communicating openly, honestly and in good time.
• Protecting your privacy in line with our Privacy Policy.
• Treating you and anyone you involve in your plan with respect.
• Seeking your feedback on your experience with us.

How Plan Management Works With TMS

By using our service, you agree to the following:

• As your nominated plan manager, TMS has the authority to claim payment from your NDIS plan for the supports you receive and to pay those funds to your providers.
• We'll process claims through the NDIS provider portal, up to the funding amount available in your relevant budget categories.
• Supports are paid in line with the prices set out in the current NDIS Pricing Arrangements and Price Limits.
• Where GST applies, prices quoted include GST.
• We claim from the NDIA for support already delivered, up to your approved budget; providers then invoice TMS for payment.
• TMS is not responsible for provider charges above the applicable NDIS price limit for support.
• Any gap between an invoiced amount and the applicable NDIS price limit is your responsibility to pay to the provider directly.
• If the NDIA later adjusts pricing for historical services, this may be reflected in a backdated adjustment.
• Providers deal with you directly regarding the support or goods they provide and send invoices to TMS for payment on your behalf.
• Providers are responsible for the quality, safety and delivery of their own services, and operate as independent businesses.
• You may be asked to sign a service agreement directly with a provider before receiving their services.
• Before engaging a provider, it's worth checking that they carry appropriate insurance, such as public liability and professional indemnity cover.

Our Fees

TMS claims an agreed plan management fee directly from the NDIA, in line with the current NDIS Pricing Arrangements and Price Limits for plan management supports (Support Category [TMS Support Category Reference]). This fee is paid from your plan management budget and does not reduce your other support funding.

Goods and Services Tax (GST)

For GST purposes, supports provided under this agreement are supplies of reasonable and necessary supports specified in your NDIS plan, consistent with the National Disability Insurance Scheme Act 2013 (Cth). TMS will handle GST in line with the requirements of that Act.

Privacy

We take your privacy seriously. By using our service, you consent to us collecting, using, storing and disclosing your personal information as set out in our Privacy Policy.

Complaints and Dispute Resolution

If your complaint is about a provider, we encourage you to raise it directly with that provider first, since they're best placed to resolve it.

If your complaint relates to TMS's plan management service, please send us the details in writing to [TMS complaints contact — postal address and/or email]. We'll look into your complaint and aim to respond in writing within 30 days of receiving it.

If a complaint about TMS can't be resolved directly, you can also contact the NDIS Quality and Safeguards Commission.

Starting and Ending This Agreement

This agreement begins once you accept these terms and continues until either you or TMS ends it.

Either party can end the agreement by giving [30] days' written or verbal notice. Where either party breaches this agreement, that notice period may be waived by the other party.

Intellectual Property

TMS holds the rights needed to grant the licences described in this agreement. You agree that:

• TMS owns the intellectual property in its plan management service, technology, application (if applicable), and website content.
• This agreement doesn't grant you rights to any TMS patents, copyrights, trademarks or trade names.
• TMS materials may not be copied, reproduced, republished or redistributed without our prior written permission.
• Any copyright notices attached to TMS materials must be respected.

Third Parties and Provider Referrals

In delivering plan management services, TMS may work alongside external businesses and a range of registered and unregistered NDIS providers. These third parties operate under their own terms and conditions, which TMS is not responsible for.

Where TMS provides information about, or shortlists of, possible providers, this is intended to help you identify options based on factors like location, support category and available budget. Unless we say otherwise in writing, this isn't an endorsement, recommendation or guarantee that a provider is suitable, qualified, insured or right for your circumstances. You remain responsible for deciding whether to engage a provider, reviewing their terms, prices, qualifications and insurance, and confirming they meet your needs. Providers are independent of TMS and responsible for their own service quality and safety. Nothing in this agreement removes any consumer right or guarantee that can't lawfully be excluded.

Limitation of Liability

This agreement sets out the full extent of TMS's liability, including for the actions of our directors, staff and representatives, in connection with your plan management service.

To the extent permitted by law, TMS is not liable for loss, damage or expenses arising from the plan management service, except where that liability cannot lawfully be excluded.

You confirm that you have made your own enquiries about this service and that TMS has not made representations beyond what's stated in this agreement.

Applicable Laws

TMS may limit the availability of its service to particular people, locations or circumstances at its discretion.

If any part of this agreement is found to be unenforceable, that part will be removed, and the rest of the agreement will continue to apply.