New Horizons Terms of Service

2. Terms of Service

These Terms of Service form part of the Agreement between you and New Horizons and sets out the requirements covering the care that New Horizons will provide you.

2.1. Why should you sign this Agreement?
To ensure that you and New Horizons have an agreed set of expectations on what care or services will be provided to you.

2.2. What should you do before you sign this Agreement?
Make sure you understand and agree to everything in this Agreement, including these Terms of Service before you sign it. If you don’t understand this Agreement, speak to us or someone else you trust.

2.3. When does this Agreement begin and end?
This Agreement will begin from the Start Date set out in the Agreement Details.

This Agreement ends:

• on the date set out in the Agreement Details
• when You or New Horizons end this Agreement by providing the other party 30 days’ written notice
• immediately when a new Agreement with New Horizons is signed, or
• immediately, or up to 30 days upon notice if there is a risk of harm or serious breach this Agreement. Before providing such notice, both parties should seek to work together in good faith to resolve the issue/s contributing to the Agreement breach.

You will be required to pay all outstanding fees outlined in your Schedule until the end of your notice period unless New Horizons agrees in writing that this is not required.

Cancellation of a Service provided by New Horizons under this Agreement will not terminate this Agreement.

2.4. What if you are being provided with Program of Support services?
A Program of Support can only be offered to you for a maximum of 12 weeks. The 12-week maximum does not apply for other services or a New Horizons home agreement.

By agreeing you to a Program of Support service, you agree to attend an instance of support. Supports delivered under a Program of Support, is not subject to cancellation rules as per clause 2.16 and New Horizons will claim for the support service regardless of your attendance if New Horizons delivers the service. We do this to cover the costs of staff and other activity costs. 

You may at any time choose to change or end a Program of Support by giving us 2 weeks’ notice.

2.5. What happens to my Service if my Plan End Date is reached before a new Schedule is in place?
We may continue to provide you Service in the interim period under current arrangements, and will discuss this with you. Payment of these services will be claimed against your new plan or you will be sent an invoice.

2.6. What is a Service Schedule?
A Service Schedule is a table forming part of the Agreement that details the service New Horizons will provide to you. It sets out the total amount of funds available and how those funds will be allocated and spent.

2.7. How much will your Services cost?
The costs of the services are set out in the Service Schedule which may include how the Services are funded. These costs may be paid through your government funding or directly by you.

New Horizons may also charge staff travel costs consistent with the NDIS Price Guide for any NDIS related Services provided.

New Horizons may need to charge you for some additional fees not listed in the Service Schedule, such as entrance fees, event tickets, meals, travel or other out of pocket expenses associated with the Services (Additional Fees). These Additional Fees will be discussed with you prior to New Horizons incurring them.

2.8. Will you be charged the Temporary Transformation Payment (TTP)?
New Horizons may be charge you Temporary Transformation Payment (TTP) support items (and price limits) if applicable and in compliance with the NDIS TTP terms.

2.9. Do you pay GST on the amounts charged under this Agreement?
If any GST is payable on any Service or Payment Schedule on this Agreement, We will detail this on your invoice.

Examples of where GST may apply include non-NDIS related Services or items paid from your personal funds.

2.10. Can the price of the Services change?
Yes. For Government-funded Services, you will be charged the current fees as set by the Government. Prices for NDIS Services typically set for each financial year (1 July to 30 June). NDIS prices change from time to time and New Horizons will charge you according to the current NDIS Price Guide.

For all other Services, New Horizons will advise you at least 14 days before any changes to Service Prices.

2.11. Can the Services be changed?
Changes to your Services must be agreed in writing, signed and dated by the parties. We may issue you a new Agreement to reflect these changes.
If your Services involve an NDIS plan, changing this service will require a change to the NDIS Service Booking, which New Horizons will complete on your behalf.

2.12. What financial information will be provided?
If you receive a Home Care Package, a monthly statement will be provided to you. Otherwise, you may request a statement of the financial position of your service, including the costs of service and an explanation of any ongoing fees payable by you.

We will respond to all requests within 10 working days of the receipt of your request.

2.13. What are New Horizons responsibilities?
New Horizons agrees to:

• deliver the service set out in this Agreement
• take reasonable measures to help ensure your safety, security and wellbeing
• protect your privacy and confidential information in line with our Privacy Policy
• comply with all relevant laws, contractual obligations and codes of conduct, and
• minimise and manage any conflict of interest.
• continue to manage your health and wellbeing in the event of an emergency or disaster, as agreed with you and/or your representative.

New Horizons will take all reasonable measures to implement its emergency and disaster planning procedures and provide continuity of support in line with mandated requirements.

If a Home is part of your Agreement, New Horizons also agrees to:

• provide you with a Home as set out in the Agreement
• provide and maintain the Home in a reasonable state of repair and address critical maintenance requirements within 24 hours, urgent requirements within 7 days and routine requirements within 14 days
• provide you with safety information applicable to your Home.

2.14. What are your responsibilities?

You agree to:

• follow any reasonable request from a New Horizons employee relating to your safety, your wellbeing or the safety or wellbeing of others
• not act violently or threaten violence to others
• not engage in illegal activity or intentionally break the law
• give employees of New Horizons the right to access your Home or your room if your Schedule indicates that service is to be provided in your Home or your room
• notify us if you are planning any absences
• keep us up to date if your financial situation changes (such as your government benefits) or of any other changes that might impact this Agreement
• pay any fees within 14 days of the date on the invoice
• comply with New Horizons Non-Smoking Policy

If a Home is part of your Agreement, you also agree to:

• notify us if you are planning any absences from your Home and not be absent for more than 60 consecutive days without prior written agreement from New Horizons
• adhere to your Home Rules, where a Home is provided as part of this Agreement.
• not intentionally or recklessly damage your Home or its contents
• use the property for residential purposes and not for any other purpose without prior written agreement from New Horizons.

2.15. Can you suspend the care you receive?

You may request to suspend the care you receive. A request from you to not receive care for five (5) or more consecutive days will be considered as a suspension of care.

You must notify us if you are taking leave from the care you receive and specify the dates. Leave may be taken:

• for a hospital stay
• for transition care (which may follow a hospital stay)
• to receive respite care
• for social reasons.

You may be required to pay ongoing fees while you are on leave.

2.16. Can you change or cancel a scheduled service or appointment?
You can change or cancel a scheduled a service or appointment (not relating to supports delivered under a Program of Supports) without penalty by contacting New Horizons at least 2 working days before the scheduled date.

If your appointment is cancelled within 2 working days of the scheduled date (also known as a Short Notice Cancellation) or you don’t show up (also known as a No-Show) at the scheduled date and time, New Horizons may charge up to 90% of the service fees relating to the scheduled service or appointment.

Program of Supports is not subject to these cancellation rules and New Horizons will claim for the support service regardless of your attendance if New Horizons delivers the service. We do this to cover the costs of staff and other activity costs.

2.17. What happens when a notice to end the Agreement is given by you or New Horizons?
New Horizons may assist you during the notice period with transitioning to another provider of your choice. Exit fees may be charged as detailed in the Pricing Schedule and you will need to pay any transition costs.
If you have a care package and you choose to move your care package to another provider, any unspent funds in your package budget (after all expenses and fees have been paid) will move with you to your new provider.

Where applicable, any portion or transfer portion of the unspent funds will be paid in accordance with the amended User Rights Principles 2014.

2.18. Will the same New Horizons employee always deliver your service?
New Horizons will take reasonable efforts to have the same set of employees deliver your service. However, there may be times where these services are provided by different employees, particularly due to reasons beyond our control.

2.19. Can you change or request a different New Horizons employee?
If you wish to request a different New Horizons employee, contact New Horizons to discuss the situation. We will work with you to make changes in a reasonable timeframe including, where appropriate, assigning a different employee.

2.20. What can a volunteer do?
If you have a volunteer types of care that volunteers can assist with are:

• accompanying you to assist with purchasing small grocery items
• Home visits for social purposes
• driving you to medical appointments or social outings
• visiting places of interest such as galleries or libraries
• assist with reading mail and letter writing
• group outings.

The types of care that volunteers cannot assist with are:

• home maintenance including cleaning and gardening
• personal care and cooking meals
• babysitting and looking after pets
• handling money

2.21. What if you require transport?
New Horizons may be able to provide transport services. You can pay for these transportation services through personal funds, New Horizons pre- paid travel vouchers or via your NDIS plan.

2.22. How do you book transport?
Contact New Horizons at least 2 working days before you plan to travel so New Horizons can ensure the right transport is available. If transport is not available, you may need to book your own alternative transport or have the appointment cancelled.

Please note that any cancellations to transport bookings are subject to the cancellation terms in clause C2.14.

2.23. How do you make payments to New Horizons?
Payments are made based on the option you selected in the Agreement Details. If you have selected to make payments to New Horizons yourself (the Direct Credit option), and require the account details, please contact us on (our 1-800 number).

When making these payments, please include your full name as the Payment reference.

2.24. Who bears the cost of this Agreement?
You and New Horizons will each be responsible for paying their own costs in relation to the preparation and operation of this Agreement. This includes the cost of any dispute resolution, unless a court decides otherwise.

2.25. What laws apply to this Agreement?
This Agreement is governed by the laws of NSW with the courts of NSW having jurisdiction over any dispute.

2.26. What is a cooling off period and does it apply to you?
If you are a new customer of New Horizons, a cooling-off period allows you to end or cancel this agreement within 10 days without penalty if you have not received any service within those 10 days.
You may still need to pay for any services you have already received.
If you are an existing customer of New Horizons and this agreement is a renewal of a similar previous agreement, you can end this agreement by providing New Horizons 30 days’ written notice.

2.27. Are there any exclusions or limitations of liability in relation to this Agreement?
New Horizons is not liable for any indirect or consequential loss, nor is New Horizons liable beyond the terms of this Agreement or a legislative requirement. Any terms, conditions, warranties or guarantees not set out in this Agreement cannot be implied into this Agreement, except to the extent permitted by law.

You and New Horizons will not be liable to the other party for any indirect, consequential, or economic loss.

2.28. What about my private information?
We may need to collect personal information to provide care to you.
You have a qualified right of access to that personal information.
Our privacy policy is available on our website www.newhorizons.org.au/privacy. You may request a copy sent to you by contacting Privacy Officer via any of the following methods:

Phone: (02) 9490 0000
Email: privacy@newhorizons.org.au
Post: New Horizons, 15 Twin Road, North Ryde NSW 2113

2.29. What should you do if you want to provide feedback or make a complaint?
Feedback or complaints can be raised in the following ways:

• speak to a New Horizons employee
• email us at feedback@newhorizons.org.au
• contact us at the details provided in this Agreement or on our website 

Complaints will be dealt with in accordance with our complaints policy which can be provided upon request. You can make a complaint without fear of reprisal. We will acknowledge receipt of your complaint within 5 business days. Your complaint may take some time to investigate, however New Horizons will aim to respond to it within 21 days.

If you feel that our response to your complaint has not addressed your concerns, you may lodge a written dispute. Please contact us at feedback@newhorizons.org.au for further information on this process. This dispute can also be referred directly to a relevant government agency such as:

NDIS Quality and Safeguards Commission
(P) 1800 035 544 or ndiscommission.gov.au/participants/complaints
Aged Care Quality and Safety Commission
(P) 1800 951 822 or www.agedcarequality.gov.au/making-complaintlodge-complaint/online-complaints-form
Making a complaint or lodging a dispute does not remove a right or obligation under this Agreement.

2.30. What happens when the Terms of Service change?
New Horizons may change these Terms of Service and will let you know about the proposed changes at least 14 days before the change occurs. You are welcome to contact us if you have any questions or concerns.

2.31. If you agree to the terms of this Agreement. How do you accept?
You may accept this Agreement signing and returning a copy of these documents to us via email on mywellbeing@newhorizons.org.au or posting in the mail to the following address:

Attention: Excellence Centre
New Horizons Enterprises
15 Twin Road, North Ryde NSW 2113

Glossary of Terms: