Terms and Conditions of Use

1. Scope

1.1. JPS Audit Specialists agrees to provide services aligned to the  “initial scope of audit” provided by the NDIS Provider

1.2. If there is a variation between the initial scope of audit  provided by the client and the scope listed on the NDIS Commission  portal, an adjusted quote will be provided and the NDIS Commission  notified

1.3. If a variation of scope is requested within 14 days of the  assigned audit date, the provider will incur a fee of $1000 to cover  associated audit and administration fees

1.4 . If the Client has been made aware of a scheduled audit date  and is not prepared to go to audit on the scheduled date, the Client  will incur a fee of $1000 to cover associated audit and administration  fees

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2. Relationship

2.1. The parties understand this agreement is not an exclusive  arrangement, and they are free to enter into other similar  agreements with other parties

2.2. Neither party is an agent, representative, partner, or employee  of the other party

2.3. Both parties will exercise good faith in their dealings with the  other

2.4. Each party will conduct itself so as to not injure the reputation,  goodwill or represent themselves as being, of the other party

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3. Definitions

3.1. ‘Agreement’ means this document consisting of binding terms  and conditions agreed between the parties including written and  agreed amendments

3.2. ‘Client’ means the organisation receiving the service of JPS  Audit Specialists under this agreement

3.3. ‘JPS’ means JPS Audit Specialists

3.4. ‘JAS-ANZ’ means Joint Accreditation System of Australia and  New Zealand – the accreditation body who approves quality auditors  for the NDIS

3.5. ‘Issuing CAB’ means the Conformity Assessment Body that  previously issued a valid certification

3.6. ‘Accepting CAB’ means the Conformity Assessment Body  selected by the client to accept transfer of a valid certification

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4. Payment

4.1. The Client agrees to pay the applicable fees within the  timeframes stipulated on the invoice

4.2. Part-payment will be received prior to the work commencing

4.3. JPS reserves the right to retain the deposit if The Client  withdraws from the Agreement after 30 days have passed

4.4. JPS reserves the right to retain the deposit and terminate the  Agreement if the Client has not met the Performance Requirements  as specified in Schedule 7 of the Agreement

4.5. The outstanding amount is to be paid prior to the completed  work being submitted to the NDIS Commission

4.6. Payment shall only be deemed made upon receipt of cleared  funds in JPS bank account

4.7. JPS shall be entitled to recover from the service receiver any  expenses incurred in recovering overdue amounts including interest  from the day the due amount was owed.

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5. Amendments

5.1. This agreement may be modified.

5.2. A modification will be agreed to by both parties in writing

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6. Confidentiality

6.1. JPS ensures that its employees, agents and contractors treat all  material and information generated in connection to the provision of  the service, strictly confidential.

6.2. JPS will not disclose confidential information to third parties  without the consent of the client.

6.3. Where the health or safety of another party may be  compromised, JPS may provide the relevant information to the NDIS  Commission

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7. Performance Requirements

7.1. The Client will provide JPS with a safe working environment  (where on-site is required), including advance notice of any risks or  hazards

7.2. The Client will provide the necessary quality system  documentation for assessment work, required to verify compliance,  within 4 weeks of entering the Agreement

7.3. The Client will advise JPS on any issues, adverse incidents, or  complaints concerning the service provided to NDIS participants

7.4. Where the output (findings, reports, outcomes) is not of a  standard justifying a recommendation for registration to the NDIS  Commissions, JPS may do so without liability

7.5. Where changes may affect the Client’s ability to conform with  the registration requirements, the Client must inform JPS without  delay

7.6. Where a transfer of certification is required, only a valid  certificate (not expired, suspended, or withdrawn) can be transferred

7.7. Where a transfer of certification is required, all major non conformities must be closed out prior to the transfer. Any minor  non-conformities must have an agreed Corrective Action Plan

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8. Dispute Resolution

8.1. In the event of a dispute, the Parties agree to work towards a  resolution through good faith negotiation

8.2. If the Negotiation results in an undesirable outcome, either  Party may initiate mediation or binding arbitration in the State of  Victoria

8.3. If litigation is necessary, this Agreement will be interpreted  based on the laws of the State of Victoria, regardless of any conflict  of law issues that may arise. The Parties agree the dispute will be  resolved at a court of competent jurisdiction in the State of Victoria

8.4. The prevailing party will be able to recover its attorney’s fees  and other reasonable costs for a dispute resolved by binding  arbitration or litigation

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9. Conditions of Service

9.1. JPS reserves the right to terminate the Agreement if the Client  has not paid their deposit within 30 days of entering the Agreement

9.2. As at the effective date, the accreditation status of JPS is in a  pending state

9.3. As an ongoing requirement of JPS’ accreditation, the client  acknowledges that:

9.3.1 An assessor from JAS-ANZ may attend, as an observer, onsite  audits for the purpose of witnessing the procedures of JPS as the  auditors of the client; and

9.3.2 An assessor from JAS-ANZ may, upon notice to the client,  undertake a validation of any audit performed by JPS with a visit to  the client’s site (sometimes on short notice) and the client  undertakes to cooperate with the requirements of JAS-ANZ in  connection with any such validation visit

9.4. The client must make, in connection with any audit (including  any audit witnessed or conducted by JAS-ANZ), all necessary  arrangements related to:

9.4.1 Access to relevant equipment, locations, and personnel 9.4.2 The participation of observers (if applicable)

9.5. Where non-conformities are discovered and communicated by  JPS during the audit, the client must implement the appropriate  changes. A follow-up audit will be required to verify the  implementation of these changes, with an associated cost to the  client, as follows:

9.5.1 For a certification audit, where three of more major non conformities are identified during stage 1 of the audit, a follow-up  audit will be required to verify the corrective actions have been  implemented prior to proceeding to stage 2 of the audit

9.5.2 For all other audits, as may be reasonably determined by JPS  and notified to the client

9.6. Where a change in the NDIS scheme by the Commission results  in the client requiring to implement changes, a surveillance audit will  be required to verify the implementation of these changes, with an  associated cost to the client.

9.7. Where the client’s service delivered increases in scope and  requires verification, a surveillance audit will be required to verify  the implementation of these changes, with an associated cost to the  client.

9.8. The client must correct any misleading statements made in  connection with its registration status

9.9. The client shall not use its registration status in such a manner  as to bring the NDIS Commission into disrepute and does not make  any statement regarding its registration that the NDIS Commission  may consider misleading or unauthorised

9.10. In the case of a suspension, withdrawal, or termination of  registration, the client must discontinue the use of all advertising  material that contains any reference thereto and takes action as  required by the NDIS Commission

9.11. If the client provides copies of the registration documents to  others, the documents shall be reproduced in their entirety

9.12. In making reference to its registration status in  communication media such as documents, brochures or advertising,  the client complies with the requirements of the NDIS Commission

9.13. The client must keep a record of all complaints made known  relating to the compliance with registration requirements and to  make these records available to JPS when requested, and:

9.13.1 Takes appropriate action with respect to such complaints and  any deficiencies found in the servicer that affect compliance with the  requirements for registration;

9.13.2. Documents the actions taken

9.14. The client complies with any requirements that may be  prescribed in the NDIS relating to the use of marks of conformity

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