Effective: 1 July 2024

This Service Agreement is a contract between you (the participant or authorised representative) and NDIS Superhero Pty Ltd ABN [41 676 762 726] (“NDIS Superhero”, “we”, “us”, or “our”). It outlines the terms and conditions, rights, responsibilities, and policies associated with receiving our plan management services under the National Disability Insurance Scheme (NDIS).

Please read these Terms and Conditions carefully before accepting services from us.

1. Who We Are

NDIS Superhero is a registered provider of plan management services under the NDIS. We help you manage your NDIS budget by processing claims, paying invoices, and tracking your funds. Our goal is to make managing your plan stress-free, fast, and personalised.

2. Acceptance of Terms

This agreement comes into effect once you agree to our terms by signing this document or confirming acceptance electronically. This agreement is governed by relevant Commonwealth and State laws. 

We may revise these terms from time to time. Changes will take effect once published on our website, and continued use of our services indicates your acceptance of the revised terms. Please check regularly for updates.

3. Eligibility for Service

To receive NDIS Superhero Plan Management services, you must:

• have legal authority and capacity to enter this agreement;
• have plan management funding in your NDIS plan (under “Improved Life Choices”); and
• agree to provide accurate and current personal and plan information.

If you are an authorised representative, you also confirm that you:

• are acting in the best interests of the participant;
• have legal authority to act on their behalf; and
• will comply with these Terms and Conditions.

4. Your Responsibilities

As an NDIS Superhero participant or representative, you agree to:

• provide accurate and up to date details including your NDIS number, date of birth, and plan documents;
• notify us immediately if your plan changes, is suspended, or ends;
• only use NDIS funds in accordance with your plan and NDIS rules;
• ensure any third-party access (family, friends, providers) is authorised and appropriate;
• not misuse, duplicate or tamper with our materials, platform or branding; and
• treat us, our staff and suppliers with courtesy and respect at all times

5. Your Rights

You have the right to:

• be treated with dignity, respect, and fairness;
• receive timely, accurate, and professional plan management services;
• exercise choice and control over your supports;
• access your plan and financial information in a way that makes sense to you;
• provide feedback, make a complaint, and have it addressed quickly and fairly; and
• have your privacy and confidentiality protected at all times.

6. Our Responsibilities

NDIS Superhero will:

• provide plan management services as your financial intermediary;
• pay invoices on your behalf and process reimbursements quickly (usually same day);
• track your budget and provide monthly statements;
• communicate with you or your representative regarding your funds and supports;
• assist with service agreements, provider support, and budget tracking;
• respond to your queries and concerns in a timely and respectful manner;
• protect your personal information in accordance with our Privacy Policy.

7. Service Delivery and Claims

By engaging our service, you authorise NDIS Superhero to:

• claim directly from your NDIS plan for our plan management fees and any approved supports;
• pay service providers on your behalf from your approved budget;
• contacting the NDIA and service providers in the course of providing our services to you; and
• create service bookings or seek endorsement in PRODA or PACE (as applicable).

You acknowledge that:

• we only pay invoices that meet NDIS rules and fall within your approved budget;
• prices are subject to NDIS Price Guide limits;
• you are responsible for any gap fees or costs not covered by your plan.

8. Invoice Approval

Invoices submitted by the customer or their nominee will be considered to be automatically approved.  All invoices submitted by Service Providers can also be automatically approved.  If you do not want invoices to be automatically approved, you can opt in here to have invoices emailed to you for approval.  If invoices are not formally declined within one (24 hour) business day, it will be automatically forwarded for payment.  Please let us know if this does not suit your individual circumstances so that we can discuss an alternative option for invoice approval.

9. Termination of Agreement

You or NDIS Superhero may end this agreement at any time by giving 30 days’ notice in writing or verbally. Immediate termination may apply in cases of breach, misuse, unlawful behaviour, or by mutual agreement.

10. Privacy

We take your privacy seriously. Your personal information is collected and used only to provide our services, in accordance with our Privacy Policy and our obligations under law.

You can obtain a copy of our privacy policy by emailing hello@ndissuperhero.com.au or visiting our website (which can be found at www.ndissuperhero.com.au/privacy). 

11. Complaints and Feedback

If you have a concern or complaint about our services:

• contact us directly at hello@ndissuperhero.com.au or call 1300 310 710
• we aim to resolve all complaints promptly and respectfully; and
• if not resolved or you do not feel comfortable talking with us, you can contact the NDIS Commission at 1800 035 544 or visit www.ndiscommission.gov.au.

12. Limitation of Liability

NDIS Superhero is not liable for:

• the quality or delivery of services provided by third parties;
• charges that exceed NDIS price limits;
• any loss resulting from misuse, delayed approvals, or unauthorised use of your funds; or
• any service delivery issues between you and your providers.

You agree to indemnify NDIS Superhero, and will hold us harmless from and against all actions, claims, charges, costs (including legal costs on a full indemnity basis), expenses, losses, damages and other liability (Loss) that we pay, suffer or incur, directly or indirectly, as a result or in connection with:

• any unlawful, wilful or fraudulent act or omission of you or your nominee in connection with this Service Agreement;
• any payment error; and

• any amount we are required to repay to the NDIA in respect of your Plan.

except to the extent that we cause or contribute to such Loss.

For the avoidance of doubt:

• NDIS Superhero will not be treated as having caused or contributed to loss: 
  • due to an alleged conflict of interest involving the participant, their nominee or family and a provider; or
  • in circumstances where an invoice has been incorrectly or fraudulently submitted for payment by a Service Provider or You or Your nominee; or
  • where the NDIA has subsequently asked for monies to be repaid due to a change in your Plan or otherwise circumstances outside the control of NDIS Superhero; and
• you will not be required to indemnify us where we make a payment error through no fault of your own.

13. Intellectual Property

All materials, branding, tools, and documentation from NDIS Superhero remain our intellectual property and cannot be copied, altered, or distributed without written permission.

14. Third-Party Providers

You may work with registered and unregistered providers. These providers operate independently and may have their own agreements. NDIS Superhero is not responsible for their conduct, services, or business activities.

15. Governing Law

This agreement is governed by the laws of the State of Victoria and applicable Commonwealth laws. If any clause is found invalid, the remaining terms will still apply.

16. Acknowledgement and Agreement

By signing this agreement (or clicking ‘accept’ online), you acknowledge that you:

• Have read and understood the Terms and Conditions;
• Have the authority to enter into this agreement;
• Agree to the terms outlined in this document.

NDIS Superhero Pty Ltd
Email: hello@ndissuperhero.com.au
Phone: 1300 310 710
ABN: 41 676 762 726