Contact Centre Terms and Conditions

1300 National SDA Contact Centre

TERMS AND CONDITIONS

Terms are between Jazcorp Australia Pty Ltd t/a NDISDA SDA Housing and Disability and the 'Subscriber' who is the business that is subscribing to the service and is as noted on the application form on the www.ndisda.com.au website for subscription to the 1300 National SDA Contact Centre

Recitals

A NDISDA SDA HOUSING AND DISABILITY’S 1300 NDISDA (1300 634 732) National Contact Centre service is in the business of offering a professional telephone IVR system and Website services connecting potential Customers with Property Valuers, SDA Providers, Builders, Fund Managers, Financiers, Property Developers, SIL Providers, Insurance Provider, Real Estate Agency, Occupational Therapists, Allied Health Professionals, Home Modification Experts, SDA Assessors, Access Consultants, Assistive Technology, Lawyers, and/or Subscribers with connection to other subscribers, advertising and industry information through the Website.

B The Subscriber is a skilled professional who holds a relevant qualification in their industry/sector. The subscriber holds current Professional Indemnity Insurance.

C The Subscriber enters this Agreement to become an NDISDA Platinum member where benefits include the subscription of Services of 1300 NDISDA’s IVR system and/or Website and/or trade and sales facility.

D The 1300 NDISDA (1300 634 732) connect service subscription is a benefit of the Platinum NDISDA SDA Housing and Disability Membership and is limited to a maximum of 7 subscribers to a category. Each Category will vary (i.e. Valuers are limited to 4 subscribers. See schedule A)

E The Subscriber agrees that its membership is governed by the terms and conditions of this Agreement.

The Parties to this Agreement agree as follows:

1 Definitions and Interpretation

1.1 In this Agreement the following definitions apply:

(a) ‘1300 NDISDA’ means the Contact Centre and National SDA IVR and Connect service provided by Jazcorp Australia Pty Ltd (ACN 123 926 956) trading as NDISDA SDA Housing and Disability of 53 Burswood Rd, Burswood Western Australia 6105;

(b) ‘Agreement’ means these terms and conditions and the schedule(s).

(c) ‘Business Day’ means any day other than a Saturday, Sunday or a day designated as a public holiday in Western Australia or any of the Eastern States.

(d) ‘CCA’ means the Competition and Consumer Act 2010 (Cth).

(e) ‘Commencement Date’ means the date which this Agreement is dated. The agreement commences on the agreed date for a 12 month period.

(f) ‘Confidential Information’ means any confidential or commercially sensitive or valuable information belonging to NDISDA SDA Housing and Disability or the Subscriber concerning their respective businesses, and includes price lists or schedules, Supplier lists, customer information, financial information concerning the Subscriber or NDISDA SDA Housing and Disability, the mode of operation, methods, advertising, publicity, trade secrets, technical information and any other document on which the word “confidential” has been marked.

Customer means the customer that contacts 1300 NDISDA through the NDISDA SDA Disability and Housing Centre website or 1300 NDISDA Call centre. (1300 634 732)
Call Centre / Contact Centre means the NDISDA SDA Housing and Disability National Contact Centre owned and managed by NDISDA SDA Housing and Disability
‘Customer Contract(s)’ means a contract for the supply of goods and services between a Customer and participating Subscriber.
‘Date of Acceptance’ means the date this Agreement is signed by the Subscriber.
‘GST Act’ means the Act titled A New Tax System (Goods and Services Tax) Act 1999 (Cth).
‘GST’ has the meaning given to this term by the GST Act.
‘Intellectual Property’ includes but is not limited to all trademarks, patents, copyright, designs, marks, processes, know-how, methodology, concepts, models, specifications, statements, trade secrets, drawings and data or other like property or rights owned or held by the relevant Party. These rights include but are not limited to:

i) marks, logos, images, service marks, trade names, business names, internet domain names, slogans, symbols, brand names, copyright or other trade indicia; and

ii) all rights in information, know-how, processes, procedures, compositions, devices, methods, formulae, protocols, techniques, software, designs, drawings, programs, source code, dynamic link libraries, graphical user interfaces, trade secrets or data whether or not protectable by patent application design registration, copyright, circuit layouts or otherwise, whether unregistered, registered or registrable.

‘Intellectual Property Rights’ means all present and future rights conferred by statute, common law or equity anywhere in the world in or in relation to copyright, trademarks, designs, patents, methodology, concepts, models, circuit layouts, plant varieties, business and domain names, inventions and confidential information, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields whether or not registrable, registered or patentable. These rights include:

all rights in all applications to register these rights including all rights to claim Paris Convention priority;

all renewals and extensions of these rights; and

all rights in the nature of these rights, such as moral rights

‘IVR’ means Instant Voice Recognition.
‘Loss’ means:

loss, including but not limited to direct loss, consequential loss, special loss, loss of anticipated profits and/or loss of business opportunity;

liability;

damage including but not limited to any damages or compensation and/or any damage to reputation; and/or

cost or expense including legal costs on a full indemnity basis;

‘Party(ies)’ means the parties to this Agreement.

‘Services’ means the professional telephone IVR system and/or website services connecting Customers with the Subscriber and/or the Subscribers with connection to other subscribers, Customers, directories, marketing and industry information through the Website.

‘Subscriber’ means the subscriber and its Authorised Persons and also includes any agent, employee, consultant, subcontractor or representative of both parties

‘Platinum Subscription Membership Fee’ means the annual subscription fee as specified in Schedule B.

‘Term’ the term of the Platinum NDISDA membership in Item 3

‘Website’ means www.ndisda.com.au

For the purposes of this Agreement any reference to a currency is in Australian Dollars ($AUD).

Unless the context otherwise requires a word which denotes:

The singular includes the plural and vice versa;

Any gender includes other genders; and

A person includes an individual, a body corporate and a government.

Unless the context otherwise requires a reference to:

Any legislation includes any regulation or instrument made under it and where amended;

Any other agreement or instrument where amended or replaced means that agreement or instrument as amended or replaced;

A clause, Schedule, annexure or exhibit is a reference to a clause of, schedule to, annexure to or exhibit of this Agreement;

A group of persons includes any one or more of them; and

Anything or amount is a reference to the whole and each part of it.

If a party is made up of 2 or more persons, each person must observe this Agreement and is bound by this Agreement individually (‘severally’) and together with each other person (‘jointly’).

Headings appear for convenience only and do not form part of this Agreement.
The recitals form part of this Agreement.

Subscription Membership

In consideration of the Subscriber Benefits, the Subscriber agrees to pay the Platinum Subscription Membership Fee to NDISDA SDA Housing and Disability.

The Platinum Subscription Membership Fee is payable upon the Commencement Date or as otherwise as agreed between the Parties in writing, subject to any adjustments as set out in clause 2.4.

The Platinum Subscription Membership Fee may be paid by electronic funds transfer to NDISDA SDA Housing and Disability to Jazcorp Australia Pty Ltd’s bank account following receipt of invoice , or by credit card via the www.ndisda.com.au ‘ Membership Application “ electronic form on the website , or any other payment methods agreed by the Parties.

The Platinum Subscription Membership Fee is exclusive of any applicable GST.

The Platinum Subscription Membership Fee is to be paid annually in arrears and is not refundable for change of mind. Refunds are at the discretion of NDISDA SDA Housing and Disability.

If NDISDA SDA Housing and Disability consents in writing to the cancellation of the Subscriber’s Subscription Membership Fee, it will incur a fifty percent (50%) penalty fee.

Subsequent Subscription Membership Fees may be subject to change at the discretion of NDISDA SDA Housing and Disability. Any increase in the Platinum Subscription Membership Fee will take effect upon the renewal of a Subscriber’s membership for a further term.

Once a Subscriber cancels its membership the cancelled membership cannot be reinstated. The Subscriber must sign up and pay the Platinum Subscription Membership Fee again to benefit from this Agreement.

The Subscriber cannot transfer the membership to another person or entity without the written consent of NDISDA SDA Housing and Disability.

Term

The Subscription Membership under this Agreement is valid for one (1) calendar year from the Commencement Date (‘Term’) unless otherwise agreed between the parties in writing, terminated, cancelled or suspended in accordance with clause 9 of this Agreement.

At any time during the Term, the Subscriber may apply to renew its Platinum membership with NDISDA SDA Housing and Disability, 1300 NDISDA connect service being a benefit of the PLATINUM NDISDA Membership
NDISDA SDA Housing and Disability; will consider at its sole discretion the renewal application.

If NDISDA SDA Housing and Disability consents to the renewal, subject to the Subscriber having paid the Platinum Subscription Membership Fee for the further term and agreeing with the terms and conditions (which may be different from this Agreement), the Platinum Membership will be renewed.

The Platinum Subscription Membership will automatically be renewed at the expiry of the Term if a Subscriber has not renewed its membership prior to the expiry date, unless the Subscriber has given to NDISDA SDA Housing and Disability three (3) months written notice.

Platinum Member call connect 1300 NDISDA 634 732 Subscription Benefits

IVR system Subscription Membership Benefits

The Subscriber’s category is Property Valuer.

Your order for the IVR System connect is no.1.

The Subscribers subscription is a NATIONAL subscription where NDISDA SDA Housing and Disability is in operation operating for South Australia, Western Australia, Victoria, Tasmania, Queensland, NSW and is limited to your operation

(eg if the subscriber does not have presence in South Australia then the service does not apply)

NDISDA SDA HOUSING AND DISABILITY’S 1300 NDISDA Call Centre will represent the Subscriber in an IVR telephone system with Customers and direct the Customer to the Subscriber accordingly as to the Customers requirements.

The benefits of the IVR System Subscription Membership may include:

the opportunity to enter into contracts with Customers through the IVR system;

customers enquiry directed instantaneously to the Subscriber’s designated telephone/mobile;

in the event, the Subscriber is not available to attend to the Customer enquiry immediately and if the Customer does not leave a message on the voicemail of the allocated phone number provided, the call will divert to the next subscriber in your category

in the event that none of the Subscribers are available to attend to the Customer enquiry immediately, and if the Customer does not leave a message on the Subscriber’s voicemail, then an IVR message will be sent to the Subscriber’s designated telephone/mobile, and an email sent to the Subscriber’s designated email with the IVR message.

It is the onus of the Subscriber to ensure that all telephone numbers and emails are current and accurate.

NDISDA SDA Housing and Disability and the Contact Centre are not responsible for any emails that may be diverted to ‘junk’ or are not checked, or are incorrect, or not current.

NDISDA SDA Housing and Disability and the Contact Centre are not responsible for any telephone numbers that are incorrect or not current.

email to the

Subscriber’s Duties and Obligations
1. During the Term of this Agreement, the Subscriber must:

pay the Subscription Membership Fees promptly;
comply with the terms and conditions of this Agreement;
participate actively as a Subscriber and co-operate with 1300 NDISDA Call Centre during the Term;

always act honestly and diligently and with the highest standard of ethics and professionalism towards NDISDA SDA Housing and Disability, 1300 NDISDA Call centre personnel, other Subscribers and the Customers whether through the IVR system and/or Website;

respond to the Customers queries within two hours (2) hours of the IVR message left by 1300 NDISDA Contact Centre staff, on the Subscriber’s telephone and/or mobile and/or email enquiry from NDISDA SDA Housing and Disability to the Subscribers designated email address, failing which NDISDA Housing and Disability’s 1300 NDISDA Call Centre reserves the right to contact another subscriber in the relevant field to attend to the Customer;

not engage or abet in any conduct that is dishonest, unethical, contrary to law, including without limitation any conduct that is likely to mislead or deceive;

comply with all reasonable directions of NDISDA SDA Housing and Disability ‘s 1300 NDISDA call centre and business;

use its best endeavours to ensure that the information provided to NDISDA SDA Housing and Disability’s Contact centre to be forwarded to the Customer is accurate and complete; and

ensure its employees, servants, agents or subcontractors comply with these duties and obligations.

Subscriber Warranties
1. The Subscriber warrants that it:

abides by and adheres to the conditions of this Agreement, to the extent it applies to the Subscriber;

carries out all duties and obligations, whether express or implied, under this Agreement, including the duties and obligations listed under clause 6;

will not engage or abet in any conduct that is dishonest, unethical, contrary to law, including without limitation any conduct that is likely to mislead or deceive;

has authorised NDISDA SDA Housing and Disability and the Contact centre 1300 NDISDA to carry out the Services;

is skilled, trained, qualified and competent to provide the services to the Customer;

has or will disclose accurate and complete information to NDISDA SDA Housing and Disability and the 1300 NDISDA Call Centre to enable the Call Centre to direct the calls and/or emails to the Subscriber;

will not re-sell, market, publish or otherwise, distribute, copy or reproduce any of the documents, data, information, text, images, files, messages, software, illustrations, photographs and other materials provided by NDISDA SDA Housing and Disability or its related entities to the Subscriber or accessed through the Subscription Membership in any way whatsoever;

will not engage in any behaviour that defames, harasses or menaces (including sending of threatening or harassing oral, written or email messages or messages containing derogatory remarks.) any other subscriber in NDISDA SDA Housing and Disability / 1300 NDISDA whether via the IVR system or Website,

will grant NDISDA Housing and Disability a perpetual, irrevocable, royalty free licence throughout the world to use, reproduce, modify, adapt, publish, translate, sub-licence, create derivative works from, incorporate in other works (whether electronic or not), distribute and display the Subscriber’s details whether in whole or in part for all marketing purposes.

NDISDA SDA Housing and Disability and Contact Centre 1300 NDISDA’s Warranties

The Contact Centre 1300 NDISDA warrants that, when carrying out the Services, it will:

use all reasonable skill and diligence to direct the Customers to the most suitable and appropriate Subscriber.
carry out the Services with a level of skill and due diligence; and
not engage or abet in any conduct that is dishonest, unethical, contrary to law, including without limitation any conduct that is likely to mislead or deceive.

The Contact Centre 1300 NDISDA does not make any warranty:

as to the number of Customers a Subscriber will receive;
that the Customers will engage the Subscriber for their services;

as to the exclusivity of the Subscriber’s profession in providing the Services;

the materials and contents available on the Website (including any websites linked to the Website (“Linked Sites”); and

that any files or data obtained from or through the Website or any websites are free from computer viruses or other defects. Any such files or data are provided on the basis that the Subscriber assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from the use of those files or data. NDISDA SDA Housing and Disability s liability for such an event is limited to the resupply of those files or data.

as to the representations about the accuracy or suitability of the intimation on the Website or Linked Sites. NDISDA SDA Housing and Disability is not responsible whatsoever for the Linked Sites.

Suspension and Cancellation of Subscriber’s Membership

NDISDA SDA Housing and Disability reserves the right to cancel or suspend the Subscribers Membership before the expiry of the Term on the following grounds:

where any information provided by the Subscriber to NDISDA SDA Housing and Disability is false, misleading or materially incorrect;

where the Subscriber contravenes the CCA or any other laws, regulation, code of conduct or code of ethics;

if the Subscriber breached any warranty or condition made under this Agreement;

where NDISDA SDA Housing and Disability has reasonable grounds to believe that the Subscriber’s professional conduct or standing is of concern;
an application or order is made for the winding up or dissolution of the Subscriber or a resolution is passed or any steps are taken to pass a resolution for the winding up or dissolution of the Subscriber;
where there is a material change in the control of the Subscriber except with the prior written consent of NDISDA SDA Housing and Disability where the consent must not be unreasonably withheld by NDISDA SDA Housing and Disability;

the Subscriber assigns or purports to assign all or any part of its rights or obligations under this Agreement without the prior written consent of NDISDA SDA Housing and Disability; or

where NDISDA SDA Housing and Disability has received adverse feedback from the Customers in their dealings with the Subscriber.

Except as otherwise provided in this Agreement, suspension or cancellation of a membership under this Agreement does not relieve a Party of liability to the other Party in respect of the rights or remedies of the other Party that have accrued prior to suspension or cancellation.

Subject to clause 9.2, upon cancellation or suspension of membership, all rights granted to the Subscriber under this Agreement shall cease and the Subscriber. shall:

forfeit the Subscription Membership Fee;

have no right to participate as a Subscriber or receive any further benefits;

lose NDISDA SDA Housing and Disability’s representation on the Website; and

return to NDISDA SDA Housing and Disability all Confidential Information and Intellectual Property belonging to NDISDA SDA Housing and Disability or any related entity.

Limited Liability

NDISDA SDA Housing and Disability accepts no responsibility for any losses or claims arising from any inability or refusal of the Customer to accept the goods and services of the Subscriber.

NDISDA SDA Housing and Disability will not be liable to the Subscriber for anything in relation to the Customer contracts or the goods or services supplied by the Subscriber.

Except as expressly provided in the Agreement, NDISDA SDA Housing and Disability will not be responsible for any loss, cost, expense or damage of any nature whatsoever, whether direct or indirect, resulting from a Subscriber’s reliance on the information provided by NDISDA SDA Housing and Disability in this Agreement, prior to the Subscriber entering this Agreement or at any time during the course of NDISDA SDA Housing and Disability and the Contact Centre 1300 NDISDA delivering the Services.
NDISDA SDA Housing and Disability will not be liable to the Subscriber for any loss, damage, costs, expenses or other claims for compensation arising from requests or information supplied by the Subscriber that are incomplete, incorrect or inaccurate.

To the maximum extent permitted by law, NDISDA SDA Housing and Disabilty (including its officers, directors, employees, agents and subcontractors) disclaims any liability in connection with the Website and/or the Subscriber’s use of the Website. The Subscriber may use the information available on the Website and the Linked Sites solely at their own risk and acting on their own judgement. The Subscriber accepts all responsibility for losses, damages, costs and other consequences resulting directly or indirectly from using the Website or any Linked Sites and in relation to any information or material available from those Linked Sites.

In no event will NDISDA SDA Housing and Disability be liable for special, incidental, indirect, consequential or punitive damages, costs expenses or losses of any kind, lost profits, lost revenue, loss of management time, opportunity costs, failure to realise anticipated savings, or lost data. If 1300 NDISDA is held liable for any of the costs or damage suffered by the Subscriber, the Subscriber agrees that the damage will be limited to the refund of the annual Subscription Membership Fee.

The provisions of this clause 10 will apply regardless of the form of action, damage, claim, liability, cost, expense or loss whether in contract, statute or tort (including, without limitation, negligence) or otherwise.

Privacy Act

The Parties agree that they will comply with and adhere to the Privacy Act 1988 (Cth) and the Australian Privacy Principles.

NDISDA SDA Housing and Disability acknowledges the Subscriber collects personal and sensitive information from third parties for the purpose of carrying out its business.

NDISDA SDA Housing and Disability does not ordinarily require access to the personal and sensitive information collected by the Subscriber to conduct the Services.

Where any personal or sensitive information is disclosed to NDISDA SDA Housing and Disability the Subscriber whether intentionally, inadvertently or otherwise, NDISDA SDA Housing and Disability will take reasonable measures to protect the information.

Indemnity

The Subscriber will indemnify and hold harmless NDISDA SDA Housing and Disability against any claim (including legal costs on a full indemnity basis) arising out of or connected with:

any breach of this Agreement by the Subscriber or its representatives; and

any false or misleading representations by the Subscriber or its representatives.

Relationship of the Parties
1. Nothing in this Agreement will make or create:

a Party the partner of the other Party;

NDISDA SDA Housing and Disability as agent of the Subscriber;

a fiduciary relationship between the Parties.

Neither Party will have any authority to act on behalf of the other Party, except as expressly provided:

in this Agreement; or

in writing between the Parties from time to time.

Where a Party acts on behalf of the other Party without authority, such Party will indemnify the other from any loss or claim arising out of any such act.

Voluntary Execution

The Subscriber expressly agrees and acknowledges that:

it has read and understood this Agreement before executing it;

it has had the opportunity to obtain (and has obtained or waived obtaining) independent advice on the meaning and effect of this Agreement before executing it;

it has entered into this Agreement acting on its own cognisance and in reliance upon professional legal and accounting advice (as applicable);
it has executed this Agreement voluntarily and without being subject to any duress, threat, coercion or undue pressure whatsoever.

Notices

Notices under this Agreement may be delivered by hand, by post or by email to the address specified in Item 1 and Item 2 of Schedule A.

Notice will be deemed given:

in the case of hand delivery, upon written acknowledgment of receipt by an officer or other duly authorised employee, agent or representative of the receiving Party:

in the case of posting, 3 days after despatch; or
in the case of email, upon receipt of email if received on a Business Day or otherwise at the commencement of the first Business Day following transmission of the email.

General

If any provision of the Agreement shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

The Agreement and any contract to which they apply shall be governed by the laws

of Western Australia and the laws of the Commonwealth of Australia (where applicable) and the Parties submit themselves to the jurisdiction of the courts of Western Australia and the Federal Courts of Australia.

The Subscriber is not entitled to set off against or deduct from the Platinum Subscription Membership Fee any sums owed or allegedly owed to the Subscriber by NDISDA SDA Housing and Disability.

NDISDA SDA Housing and Disabillity may licence or sub-contract all or any part of its rights and obligations under this Agreement without the Subscriber’s consent.

NDISDA SDA Housing and Disability reserve the right to review the terms of the Agreement at any time. If following any such review, there is to be any change to the Agreement, then that change will take effect from the date on which NDISDA SDA Housing and Disability notifies the Subscriber of such change.

Neither Party is liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either Party.

The failure by NDISDA SDA Housing and Disability to enforce any provision of the Agreement shall not be treated as a waiver of that provision, nor shall it affect NDISDA SDA Housing and Disability’s right to subsequently enforce that provision.

The Subscriber may not assign or transfer this Agreement except with the express written consent of NDISDA SDA Housing and Disability

This Agreement constitutes the whole Agreement between the Parties to the exclusion of any other agreements, representations or warranties.

The Subscriber acknowledges that it has not relied on any express or implied warranties or verbal representations made by NDISDA SDA Housing and Disability prior to entering into this Agreement.

Schedule A- Maximum number of subscribers - email admin@ndisda.com.au

Schedule B - Platinum NDISDA Membership Benefits ; $3000 exc gst pa

Unlimited Free Referral service to others in the network
Annual free subscription to the 1300 NDISDA connect call (1300 634 732)** conditions apply and is limited.
Free Roundtable membership
2 Free event vouchers to an SDA Conference and Events event, valued at $1100
25% off all SDA Conferences and Events event sponsorships and exhibit spaces

Unlimited Free Referral Service to your organisation
Satchel inserts (your brochure at all networking events and conferences)
Logo on all NDISDA websites including SDA Conferences and Events and NDISLINK Events and conferences linking to your website
Up to 15% min reduced rate for all tickets to events, conferences and seminars held in any city
Logo inclusion in all marketing brochures and newsletters
30% reduced rates for SDA Property advertisements on the website www.ndisdsa.com.au