Terms & Conditions.
Last Updated: 18 February 2025
1. DEFINITIONS
In this Agreement:
• “Agreement” refers to the contract between SNDY Tracks and the Participant or Client, including these terms and any other written agreements or service agreements between the parties.
• “Client” refers to any individual receiving services from SNDY Tracks, either directly or through an authorised representative.
• “Commencement Date” means the date on which SNDY Tracks first provides services under this Agreement.
• “Fixed Term” refers to an Agreement where services are contracted for a specific period as agreed in writing.
• “Force Majeure Event” refers to any event beyond the control of SNDY Tracks, including but not limited to natural disasters, government restrictions, public health emergencies, internet or power outages, war, or other unforeseen circumstances.
• “Participant” refers to the individual engaging in services provided by SNDY Tracks.
• “SNDY Tracks Services” refers to adventure-based counselling, community participation activities, and social/recreational activities provided by SNDY Tracks.
• “Service Fees” refers to the fees outlined in Clause 4.1.
• “Term” refers to the duration of the Agreement, starting from the Commencement Date and ending upon termination or completion of services.
2. TERM
• This Agreement starts on the Commencement Date and continues for the agreed Term.
• If services extend beyond a Fixed Term, the Agreement will continue under the same terms unless otherwise agreed.
3. SERVICES
3.1 Provision of Services
SNDY Tracks will provide adventure-based counselling and related services, including but not limited to:
• Capacity Building - Improved Daily Living (Counselling)
• Participation - Community Participation Activities
• Core - Assistance with Social, Economic, and Community Participation - Community Social and Recreational Activities
3.2 Service Standards
• Services will be delivered following best practices and relevant industry standards.
• If a participant fails to comply with agreed terms, policies, or safety guidelines, SNDY Tracks reserves the right to modify, suspend, or discontinue services.
3.3 Scope of Services
• The services provided under this Agreement reflect the entirety of the services to be delivered.
• Additional services requested by the participant may require a separate agreement or revised fee structure.
4. FEES & PAYMENTS
4.1 Service Fees
• Participants agree to pay the fees associated with SNDY Tracks Services.
• Fees are charged at the standard published rates, unless otherwise agreed in writing.
• All fees are exclusive of GST, unless otherwise stated.
4.2 Payment Terms
• SNDY Tracks will issue tax invoices for services provided.
• Payment is due within 30 days of invoice issuance unless otherwise agreed.
• Failure to pay invoices on time may result in suspension of services.
5. CANCELLATIONS & RESCHEDULING
5.1 Cancellations
As per NDIS Pricing Arrangements:
• If a participant fails to attend a scheduled session without providing the required notice, SNDY Tracks may claim 100% of the agreed session fee from the participant’s NDIS plan.
• A cancellation is considered short notice if the participant:
• Does not show up within a reasonable time at the agreed location.
• Cancels with less than two (2) clear business days’ notice.
• For group sessions, if a participant cancels and SNDY Tracks cannot replace them with another participant, the full session fee may still be charged.
5.2 Cancellation Fees
The following cancellation fees apply based on the notice period provided:
NDIS Face-to-Face Services
• Cancellations made less than 48 hours before the session will incur 100% of the session cost, as per the most up-to-date NDIS Price Guide.
NDIS Provider Travel
• Cancellations made less than 12 hours before scheduled travel will be charged 100% of the travel fee, in line with the latest NDIS Price Guide.
Privately Funded Face-to-Face Services
• Cancellations made less than 48 hours before the session will be charged 100% of the session fee.
Online Consultations
• Cancellations made less than 24 hours before the session will incur a 50% consultation fee.
These cancellation fees align with NDIS pricing guidelines and SNDY Tracks’ service policies to ensure fairness and effective scheduling for all participants.
5.3 Rescheduled Services
• If a participant requests to reschedule with short notice, SNDY Tracks may charge a cancellation fee, depending on the circumstances.
• Rescheduling requests must be made in writing or via phone as soon as possible.
6. CLIENT RECORDS & PRIVACY
• SNDY Tracks maintains records of participant engagements and service delivery.
• Participant records remain confidential, per privacy laws and industry regulations.
7. FORCE MAJEURE
• Neither party is liable for delays or failures caused by a Force Majeure Event.
• If services are disrupted due to unforeseen events, SNDY Tracks will make reasonable efforts to reschedule or provide alternative arrangements.
8. TERMINATION
8.1 Immediate Termination by SNDY Tracks
SNDY Tracks reserves the right to terminate services immediately if:
• A participant breaches this Agreement and does not remedy the breach within 21 days of notice.
• A participant engages in unsafe, disruptive, or non-compliant behaviour.
8.2 Flexible Termination
• Either party may terminate the Agreement with 30 days written notice unless a Fixed Term Agreement is in place.
8.3 No Compensation for Termination
• Neither party is entitled to any compensation or damages upon termination, except for outstanding fees owed.
9. STAFF ENGAGEMENT & NON-SOLICITATION
• Participants or their representatives may not solicit, employ, or engage SNDY Tracks staff for private services outside the Agreement without prior written consent.
• This clause remains in effect for six (6) months after service completion.
10. GENERAL TERMS
10.1 Confidentiality
• Both parties agree to keep confidential all sensitive information related to this Agreement.
• Confidential information may only be disclosed as required by law.
10.2 No Partnership
• This Agreement does not create a partnership, employer/employee relationship, or joint venture between SNDY Tracks and the participant.
10.3 Liability Limitations
• SNDY Tracks is not liable for indirect or consequential losses, including loss of opportunity, financial losses, or personal injury beyond reasonable duty of care.
10.4 Governing Law & Jurisdiction
• This Agreement is governed by the laws of NSW, Australia.
• Disputes arising under this Agreement shall be settled in the relevant courts of NSW.
10.5 Changes to Terms & Conditions
• SNDY Tracks reserves the right to amend these Terms & Conditions with reasonable notice to participants.
• Continued participation in SNDY Tracks Services after notification constitutes acceptance of the revised terms.
10.6 Amendments to Commercial Arrangements
• Any changes to service fees or additional arrangements must be mutually agreed upon in writing.
10.7 Assignment of Agreement
• Participants may not transfer their rights under this Agreement without written consent from SNDY Tracks.
• SNDY Tracks may assign rights to a successor organisation with notice to participants.
10.8 Costs & Expenses
• Each party is responsible for their costs related to this Agreement.