Terms of service

 

ACL – means Australian Consumer Law.

Client – means the person or entity engaging the services of Provider One under this contractual agreement.

Provider One – means Provider One trading as Provider One (ABN 16 356 361 514).

Intellectual Property – means all forms of intellectual property rights throughout the world including but not limited to present and future copyright, registered and unregistered trademarks, patent, design, rights, any other intellectual or industrial property rights, discovery, invention, secret process or improvement in procedure of any kind whether arising from statute, under common law or in equity and confidential information including know-how and trade-secrets, including Moral Rights as defined in the Copyright Act 1968 (Cth) and includes rights of integrity of authorship, rights of attribution of authorship and similar rights that exist or may come to exist anywhere in the world over any document or works.

Non-tangible items - An intangible asset is one that is not physical in nature. Since intangible assets have no shape or form, they cannot be held or manipulated. Common types of intangible assets include brands, goodwill, and intellectual property.

Services – means the services Provider One provides through its consulting services including content, tools, printed and digital material, teachings and creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, executable files or graphics and any other documents which may be generated, provided, or otherwise made accessible on or through the services provided by Provider One.

 

Client Obligations

All information provided to Provider One by the client must:

• Be accurate and correct to the best of the client's knowledge; and

• Not infringe on the rights of any third parties, including but not limited to, content that infringes on privacy rights or intellectual property rights, such as copyright and trademark rights. 

The client:

• Agrees to comply with any reasonable directions given by Provider One to allow Provider One to fulfil the tasks and obligations required for the delivery of services purchased by the client, without hindrance, delay, or impediment from the client.

• Acknowledges and accepts that a failure to comply with these client obligations may result in delays or difficulties in Provider One providing the services requested in the agreed timeframe.

• Agrees that any additional costs will be passed on to the client by Provider One and any delays or difficulties will be accepted by the client, without objection.

The client agrees to not do any of the following while accessing or using the services:

• Make any replication, copy, take any image of the documents, data information or otherwise deal with any intellectual property provided by Provider One as part of the services

• Share any reports, advice or other information provided by Provider One because of or part of the services

• Operate any business in direct competition with Provider One with the use of any materials or knowledge provided by Provider One under this agreement; or

• Disseminate, or allow others to disseminate, any intellectual property of Provider One provided to the client through provision of the services.

 

Description of Services

In consideration with the client, Provider One will deliver the selected services chosen by the client and agreed to during consultation or when purchased directly from www.providerone.com.au.  An itemised list of the selected services chosen by the client and agreed to can be found the receipt sent to the client post-purchase.

  

Reliance Upon Representations

• Any representation or advice not contained in writing within this Contractual Agreement does not form part of the Contractual Agreement between Provider One and the client and is expressly excluded from the Contractual Agreement between Provider One and the client.

• The scope of the services and any advice provided by Provider One is at its discretion and may vary from time to time.

• Provider One provides the services to the client in good faith and in reliance on the representations made by the client.

•  The client indemnifies and releases Provider One from any loss or damage arising from any misrepresentations regardless of who may be responsible.

 

No Guarantee

The client acknowledges and agrees that the services provided by Provider One do not guarantee any particular result. The services of Provider One may differ from time to time and Provider One cannot warrant or guarantee a particular effect, outcome or result from the provision of the services

The client acknowledges that Provider One does not guarantee the successful outcome of the client’s application to become a registered NDIS provider through the NDIS as there are many factors that can contribute to an unsuccessful application that are not related to Provider One including but not limited to:

• Inadequate Qualifications or Experience: NDIS providers are often required to demonstrate relevant qualifications and experience in the disability sector. Applications may be unsuccessful if the provider lacks the necessary expertise.

• Incomplete or Inaccurate Documentation: The application process can be complex and missing or incorrectly filled-out paperwork can result in a rejection.

• Failure to Meet Regulatory Requirements: NDIS providers must adhere to specific regulatory requirements, including quality and safety standards. Failure to meet these standards can lead to a rejected application.

• Insufficient Resources: Providers must have the capacity to deliver services and supports effectively. If the organization lacks the necessary staff, infrastructure, or resources, the application may be denied.

• Lack of Capacity: Capacity building is an important aspect of NDIS service provision. If the applicant does not have the capacity to deliver services to NDIS participants, their application may be unsuccessful.

• Criminal Record or Unsuitable Personnel: Providers are subject to background checks, and if any staff members have criminal records or are deemed unsuitable, this can lead to a rejection.

• Financial Viability: NDIS providers must be financially viable to ensure they can provide services without interruption. A lack of financial stability can result in an unsuccessful application.

• Incompatible Services: The NDIS focuses on providing person-centred supports. If the services offered by the provider are not aligned with the NDIS goals of choice and control for participants, the application may be denied.

• Ethical Concerns: Any ethical or legal concerns regarding the provider's practices or conduct can lead to an unsuccessful application.

• Inadequate Safeguarding Measures: Providers must have safeguarding measures in place to protect participants from harm or neglect. Failure to demonstrate effective safeguarding can lead to a rejected application.

The client agrees that it is ultimately up to the client to ensure that any changes requested by the engaged NDIS approved auditor are completed and submitted back to the NDIS approved auditor on time to avoid an unsuccessful application or a Corrective Action Plan and/or any other processes put in place by the NDIS approved auditor.

 

Indemnity

• The client agrees that Provider One is not responsible nor liable for any compliance and harm repercussions to participants or staff under the client’s business from any compliance documents provided to the client as our documents are aimed to be a compliance guide only.

• Provider One Consulting Services is not responsible for any changes and/or delays caused by the client, NDIA, NDIS Commission or the State and/or Federal Government as this is out of Provider Ones’ control.

• The client holds Provider One in relation to any dissatisfaction with any expected outcomes of the services, which may be the subject of numerous other factors external to the services which are not within Provider Ones’ control.

• The client agrees that under no circumstances will Provider One be liable for any loss, damage, compensation, or injury, including consequential, indirect, financial, or special loss, of any kind whatsoever suffered by the client, it’s servants, agents and contractors and the client acknowledges to this express limit of liability and agrees to limit any claim accordingly.

• The client indemnifies Provider One from any loss or damage suffered by any act or omission of the client which may result in any injury, loss or damage caused to any of its directors, officers, employees, suppliers, contractors, agents, or associates.

• The client agrees to indemnify, hold harmless and defend Provider One, including its directors, officers, employees, suppliers, contractors, agents or associates, from and against any loss (including legal costs and expenses) or liability incurred or suffered by any of those indemnified arising directly from any claim, suit, demand, action or proceeding by any person against any of those indemnified where such loss or liability was as a direct result of a wrongful, unlawful or negligent act or omission of Provider One and its directors, officers, employees, suppliers, contractors, agents or associates in connection with these terms.

•  The client confirms that appropriate insured is obtained for any venues, locations, and offices where Provider One is required to provide services and will produce evidence of such insurance upon request from Provider One.

 

Ownership, Copies, and Intellectual Property Rights

•  Provider One owns the intellectual property contained in the material produced under this contract, and all items sold on www.providerone.com.au.

• The client acknowledges and agrees that the rights to any intellectual property used to provide services is the property of Provider One only and remains the sole property of Provider One.

• The client may only use the material as a compliance or marketing service relating only to the client’s business.  The client cannot be in competition, recreate, sell, or distribute the materials to any individual or business under any circumstances and failure to comply with this will result in legal action being taken by Provider One against the client.

• The client understands and agrees that all the intellectual property, tools, data, images, platforms, digital media and information or any other tangible and intangible property and data provided by Provider One, including its directors, officers, employees, suppliers, contractors, agents, or associates, remains the property of Provider One and at no time does the title or any interest to these items transfer to the client.

• The client understands and agrees that all intellectual property made available to the client, its directors, officers, employees, suppliers, contractors, agents, associates, and its own clients will be kept confidential and will not be disseminated or distributed in any way without the express consent of Provider One and is to be used only in accordance with any requirements and conditions required by Provider Onn, at its discretion.

• The client agrees to ensure that any member of the client’s business and professional or personal life, including but not limited to the client, its directors, officers, employees, suppliers, contractors, agents, associates and any member of the clients personal life such services family, friends, acquaintances or colleagues, do not under any circumstances take any photographs, copies, video recordings or make any other copy whatsoever of the material and information provided by Provider One to the client for the purpose of providing those copies to any third party. For the avoidance of doubt, the reproduction of any intellectual property that is part of the service is prohibited and will result in legal action being taken by Provider One against the client.  Provider One may require the client to provide evidence of compliance with this term from time to time.

• The client understands, acknowledges, and agrees that under no circumstances, is the client to upload any intellectual property contained in the material produced under this contract, and all items sold on www.providerone.com.au to the client’s website.  For the avoidance of doubt, the uploading of any intellectual property owned by Provider One to the client’s website, regardless of who within the business has uploaded this, will result in legal action being taken by Provider One against the client.  Provider One may require the client to provide evidence of compliance with this term from time to time.

•  For content uploaded by the client, or given to Provider One, for use of the service, the client retains ownership, and grants Provider One an unlimited non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for the use of any such content:

• That is not personal information or confidential information, for any purpose; and

• That is personal information or confidential information, for the purpose of providing the service.

• The client grants to Provider One a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license to use any trademarks, logos or other branding images owned or controlled by the client for marketing and promotional purposes.

• The client irrevocably releases Provider One in relation to any claim which may arise in relation to use of such data referred to in this clause.

 

Conflict of Interest

• The client agrees to and acknowledges that they must promptly notify Provider One of any actual, perceived, or potential conflicts of interest that may affect this contract and will take all reasonable actions to resolve the conflict.

• Provider One agrees to notify the client promptly of any actual, perceived, or potential conflicts of interest that may affect this contract and will take all reasonable actions to resolve the conflict.

 

Termination of Services

•  Should Provider One be unable to complete the work required under this contractual agreement for any reason, Provider One will provide the client with all work produced to date and refund only the portion of the services that could not be provided, which is at the discretion of Provider One.

 

Payment Plans

• The client acknowledges and accepts that it is only once the client has paid in full for services offered from Provider One, that Provider One will release the services to the client.

•  If the client has entered a payment plan with Provider One, and the client has determined they are unable to complete their payment plan, a cancellation fee will apply to all early cancellations which must be paid to Provider One prior to release of all work produced up until the date of the request of cancellation, as listed below:

• Certification Pack (Done-For-You) - $300

• Verification Pack (Done-For-You) - $200

• All Module Packs (Done-For-You) - $150

•  If the client has entered a payment plan with Provider One, the client acknowledges that they are contractually obligated to complete the contract in full and ensure that all outstanding monies owed to Provider One are paid within the time frame stipulated on the payment plan invoice.

• Provider One has the right to terminate its agreement with the client in the event of any breach of the terms herein in Provider One sole discretion which may include but is not limited to:

• The client failing to make payment in accordance with the agreed payment plan agreed to between the client and Provider One

• The client breaching any of these terms included within this contractual agreement

• The client causing any form of loss or damage to Provider One; and

• The client providing false or misleading information to Provider One in any capacity.

In the event of termination by Provider One, in accordance with this clause, the client will not be entitled to any partial or full refund of any kind.

 

 Variation of this Contractual Agreement

This Contractual Agreement may only be varied in writing only and must be agreed to and signed by both parties.

 

[Last updated 01/07/2025]