Terms and conditions
1st September 2023
Horizon Therapy Services Pty Ltd
Please read this agreement carefully as it governs your use of the application known as horizon therapy services PTY LTD website (together, the “site”).
By accessing the site, or using the services on it you (“you”), are agreeing to form a contract and agreeing to the terms and conditions that appear below.
if you do not accept these terms, please do not use the services we provide.
1. PROVISION OF THE SERVICES
1.1 The client agrees that Horizon Therapy Services can:
1.1.1 Decline requests for any Services requested by the client
1.1.2 Cancel or postpone appointments due to operational needs as required
1.2 Horizon Therapy Services does not guarantee that services can be provided at the specific times requested by the client during the term of the agreement.
1.3 The client agrees that Horizon Therapy Services will deliver services to clients based on its expertise and knowledge related to the services requested.
2. RESPONSIBILITIES OF HORIZON THERAPY SERVICES
2.1 Horizon Therapy Services will:
- Communicate openly and honestly in a timely manner
- Treat you with courtesy and respect
- Consult you on decisions about how services are provided
- Provide the services that you have asked for
- Be open and honest about the therapy services we provide.
- Explain therapy goals clearly and accurate and with client input to discussions
- Inform you of our complaints procedure
- Inform you of our feedback procedure and address concerns in a timely manner
- Inform you of discharge planning and engage in open discussions regarding ending the Agreement.
- Make sure your information is correct and up to date.
- Store your information carefully and making sure it is kept private.
- Adhere to the National Disability Insurance Scheme Act 2013 and applicable legislation in guidance from AHPRA or Speech Pathology Australia.
- Provide invoices and statements for your supports.
- Monitor and regularly review your service agreement.
- Review services with you at least every twelve (12) months.
- Endeavour to provide appointments at your preferred time, although there is no guarantee of this due to our therapists’ limited availability
- Give you the required notice if we need to end the service agreement (see ‘Ending this Service Agreement’ below for more information).
3. YOUR RESPONSIBILITIES
3.1 You agree to:
- Tell us about your needs so we can provide quality services to you
- Tell us if for any reason you have exhausted the funding in your NDIS plan and will be unable to make payment-Ensure that payment for services is made by the due date on invoices
- Treat us with courtesy and respect
- Talk to us if you or your representative has any concerns about the supports being provided
- Give us a minimum of SEVEN (7) clear days’ notice if you cannot make a scheduled appointment. The cancellation policy will apply if the required notice is not provided – refer ‘Cancellation Policy’ below
- Give us the required notice if you need or want to end the service agreement (see ‘Ending this Service Agreement’ below for more information), and
- Let us know immediately if your NDIS plan is suspended or replaced by a new NDIS plan or if you stop being a participant in the NDIS.
4. RISK AND LIABILITY
4.1 The client will ensure when requesting Services that there is sufficient information to enable the Horizon Therapy Services to provide the Services, including, but not limited to advising of any adverse reactions to medications and anaesthetics, allergies and other previous medical, mental health, or surgical history.
4.2 Horizon Therapy Services takes no responsibility for any personal injury or loss and damage if the information provided by the client is insufficient, wrong or inaccurate.
4.3 The client acknowledges that the Horizon Therapy Services shall not be liable for and the Client releases the Horizon Therapy Services from any loss and damage incurred as a result of delay or failure to observe any of these conditions due to an unforeseeable major event or emergency beyond the Horizon Therapy Services’ reasonable control.
4.4 The client acknowledges that the Horizon Therapy Services cannot guarantee the outcome of any of the treatment or procedures and accepts the risk that any treatment or procedure may not achieve the desired or intended outcome for the Client as a consequence of, or despite providing the Services.
4.5 Subject to the Horizon Therapy Services’ warranty for defective Services, Horizon Therapy Services’ liability for loss and damage associated with, arising from or in connection with the provision of the Services may not exceed the price of the agreed services, including but not limited to any personal injury.
4.6 In the event that the Guardian does not collect the client at the end of the appointment Horizon Therapy Services reserves its right to charge client fees at the prevailing rate.
4.7 Fees are payable, without deduction for the full scheduled appointment regardless of whether the client is late for their appointment.
5. CANCELLATION POLICY
5.1 Where we are provided with a Short Notice Cancellation (or no show) we will claim 100% of the agreed fee associated with the activity from the plan (this includes planning, session note writing, miscellaneous and travel) fees.
5.2 A cancellation is a short notice cancellation if you:
5.2.1 do not arrive for a scheduled support within a reasonable time, or are not present at the agreed place and within a reasonable time when we travel to deliver the support; or
5.2.2 have given less than SEVEN (7) clear days’ notice.
5.3 You will not be charged if we can reallocate your appointment to another client.
5.4 If there are several short notice cancellations, we will discuss this with you to ensure you are satisfied with the service you a receiving or support you to transition to another provider if required.
5.5 Without prejudice to other remedies at law, the Horizon Therapy Services shall be entitled to cancel all or any part of the Services of the client which remains unfulfilled and all amounts owing to the Horizon Therapy Services shall, whether or not due for payment, become immediately payable in the event that the client or their Guardian becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors.
6.1 We can reserve regular appointments if you tell us at the commencement of services. The planned appointments will end if the NDIS funding attached to your agreement has been exhausted or the NDIS plan has ended.
6.2 If you wish to extend this agreement to hold a regular appointment time, please notify staff in writing. Ongoing appointment times cannot be held if we don’t receive notice in writing.
6.3 In the event there is an emergency including but not limited to a fire evacuation or accident, Horizon Therapy may be required to discontinue or cancel your scheduled appointment if alternate arrangements are unable to be made.
6.4 In the event of an emergency within the clinic during a scheduled session, all staff and clients may be required to evacuate the clinic and meet at the evacuation point. Please contact Horizon Therapy to see clarification of the evacuation point for the clinic you attend. Should such emergency situation arise that is outside the control of Horizon Therapy, the fee for the scheduled session will remain.
6.5 In the event of an emergency prior to the scheduled session, parent/carers/support persons will be contacted immediately to advise of the emergency situation and the course of action required.
6.6 In the event there is a government health order to enter a lockdown, the scheduled appointments will remain.
6.7 If the location of the appointment is not available an alternative service delivery will be in place.
6.8 In the event you do not wish to continue appointments in a lockdown situation you must notify Horizon Therapy Services immediately.
6.9 If appointments are cancelled, the cancellation policy will apply as per clause 5.
6.10 A minimum one (1) business days’ notice if a client wishes to convert their face-to-face session to a telehealth session. If less than 1 business days’ notice is provided, the first 15 minutes of the scheduled session will be set aside for the clinician to prepare for the telehealth session. Due to the change in delivery method at short notice, the clinician will be required to prepare a new session plan.
6.11 Where school-based therapy services are provided as part of the intervention program, it is the responsibility of the client (or parent) to inform Horizon Therapy Services if their child’s therapy session cannot go ahead due school excursions, child absence or a particular school policy restricting visitor access such as health measures implemented due to Covid-19. Failure to notify Horizon Therapy Services of such matters outside of the SEVEN (7) clear days’ notice cancellation period will result in our Short Notice Cancellation Fee Policy being applied.
6.12 Horizon Therapy Services will make school-based appointments by directly communicating with the school. However, Horizon Therapy Services cannot be held accountable for misleading/inconsistent information provided by schools at the time of booking, which may result in a therapist having not completed the relevant paperwork and the session ultimately cancelled at short notice. Failure of the school to notify Horizon Therapy Services of such matters outside of the SEVEN (7) days’ notice period will result in our Short Notice Cancellation Fee Policy being applied to the Client.
7. TEMPORARY SUSPENSION OF SUPPORTS
7.1 We may need to ask you to take a short break from our service if:
7.1.1 we are unable to provide support that meets your needs, or
7.1.2 we believe that a lack of commitment to therapy by the participant is likely to prevent goals being attained. If the participant continues to not engage in sessions, we also reserve the right to cancel this agreement – refer Ending this Service Agreement.
7.1.3 you act in a way that makes it unsafe for you or others, but we think that you can change the unsafe behaviour with some support.
7.2 If we think that you can’t attend for a short time, we will immediately tell you, or your representative and work out how to address the problem.
7.3 We may suspend your regular appointments if you are away for more than four sessions e.g. on holiday. Note that consideration of how this policy will be applied will be given to individual circumstances.
7.4 Services will not be cancelled solely on the basis of a dignity of risk choice made by the participant.
8. SERVICE AGREEMENTS
8.1 Your service agreement together with the Horizon Therapy Services’ new client form, price list, enrolment form and consent to treatment form (if any) constitute the agreement between the Horizon Therapy Services and the Client (the Agreement).
8.2 Your service agreement is binding on the Client, and where applicable the Client’s Guardian, trustees, assignees, executors and administrators.
8.3 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired and the of ending provision shall be deemed as severed from these terms and conditions.
8.4 Horizon Therapy Services may license or sub-contract all or any part of its rights and obligations without your consent, but Horizon Therapy Services acknowledges that it always remains liable to you for services provided.
8.5 If changes to the supports or their delivery are required, the parties agree to discuss and review this service agreement. The parties agree that any changes to this service agreement will be in writing, signed, and dated by the parties.
8.6 You acknowledge that Horizon Therapy Services have detail these terms and conditions on our website. The terms and conditions on the website shall apply as at the point they were published, and you agree to have received notice of such terms and conditions.
8.7 You can end your service agreement by giving us at least SEVEN (7) clear days’ notice in writing.
8.8 Horizon Therapy Services reserves the right to end the agreement in the instance that:
8.8.1 our staff are placed at an unacceptable risk of harm by the participant or participant’s family member, carer or representative.
9. CHANGE OF CIRCUMSTANCES
9.1 You or your representative agree to immediately notify us if your NDIS Plan is replaced by a new plan or you stop being a participant in the NDIS.
9.2 You or your representative agree to immediately notify us if you are unable to commit to ongoing therapy due to a change in circumstances i.e. move interstate or unable to make it to the location to which sessions are scheduled.
10. FEEDBACK, COMPLAINTS AND DISPUTES
10.1 We aim to provide safe and respectful services to you. If you wish to provide feedback or are not happy with the services provided, you or your representative can contact email@example.com
10.2 Making a complaint to the NDIS Commission: If you are not satisfied or want to raise a complaint externally, you can contact the NDIS Quality and Safeguards Commission by: Phoning 1800 035 544 (free call from landlines) or TTY 133 677. Interpreters can be arranged.
11. RECORD KEEPING
11.1 Horizon Therapy Services is required by law to keep full and accurate records of care provided. All staff and clinicians are responsible for ensuring that comprehensive records are maintained, and that personal health information and clinical records are protected against loss, misuse, and unauthorised modification, access or disclosure.
11.2 All record entries for planning are charged at twenty (20) minutes and clinical session notes are charged at fifteen (15) minutes with the current price schedule.
11.3 Session notes will be completed and forwarded by therapists no longer than two (2) working business days following the appointment.
11.4 Requests for backdated session notes may incur a fee for retrieval of archived notes.
12. REPORT WRITING
12.1 The therapist will make clinical make recommendations based upon the information provided to them before and during your assessment only. The report will not be changed if additional information is provided to the therapist after the assessment has been completed.
12.2 Standardised assessments are frequently conducted to assess a client’s level of functioning. Assessment results will not be amended, or assessments reissued if a client disagrees with the outcome of the assessment.
12.3 If the NDIA has additional questions regarding an assessment report, the questions must be placed in writing and sent directly from the NDIA to the clinician via email or post. Time spent answering additional questions will be charged at an hourly rate of the current price schedule which is payable before responses are issued.
12.4 If a client or family member have additional questions regarding an assessment report, the questions must be placed in writing and sent directly to the clinician via email or post. Time spent answering additional questions will be charged at the hourly rate of the current price schedule which is payable before responses are issued.
12.5 When prescribing Assistive Technology under the NDIS scheme, it is the responsibility of the client or their support coordinator to ensure that they are aware of NDIA guidelines as to what is deemed ‘reasonable and necessary’. Horizon Therapy Services may not be able to recommend the client’s preferred assistive technology if it doesn’t meet the definition of reasonable and necessary.
12.6 Reports will be provided to you once completed, usually within four weeks of the assessment being completed.
12.7 Horizon Therapy will not schedule progress reports until we receive a request from the client. Horizon Therapy requires 6 weeks’ notice for writing reports. If sufficient notice is not provided, Horizon Therapy cannot guarantee that the progress report will be ready for the NDIS review.
12.8 If a client has had less than 10 sessions since a report was written and an NDIS review is scheduled, Horizon Therapy can provide a supporting letter instead of a progress report. Supplementary letters will only be provided once the client has confirmed with their NDIS coordinator that this is sufficient for their review.
13.1 Fees are charged in accordance with the NDIS price guide (this includes and is not limited to the NDIS fee structure as well as any price increases published by the NDIS).
13.2 Fees are displayed on our website and on request.
13.3 Sessions may include a charge for miscellaneous therapy related fees. Miscellaneous therapy related fees include and are not limited to the sanitisation of resources and clearing of the therapy room as well as clinical administrative tasks such as case review and case conference.
13.4 You agree that there is funding available to cover the amount that is detailed in the agreed schedule of supports:
13.5 If you have confirmed that funding is available, and we are unable to bill for services due to insufficient funds, you agree that you are responsible for paying the outstanding invoice by the due date.
13.6 In the event your overdue account is referred to a collection agency and/or law firm, you will be liable for all costs which would be incurred as if the debt is collected in full, including legal demand costs.
13.7 If services are requested that are not included in this service agreement, a new service agreement will be agreed to incorporate the additional services and associated funding.
14.1 Self-managed: Fees are payable by EFT bank transfer, credit card, direct debit. Payments are due within seven (7) days of the service being provided.
14.2 NDIA managed: The client (participant) has nominated the NDIA to manage the funding for supports provided under this Service Agreement. You agree to give authority to us to claim payment after each session.
14.3 Plan managed: After each session, Horizon Therapy Services will claim payment from the following Plan Management Provider:
Note: For the purposes of GST legislation, the parties confirm in this service agreement that:
• A supply of supports under this service agreement is a supply of one or more of the reasonable and necessary supports specified in the statement included, under subsection 33(2) of the National Disability Insurance Scheme Act 2013 (NDIS Act), in the participant’s NDIS plan currently in effect under section 37 of the NDIS Act; and
• The participant’s NDIS plan is expected to remain in effect during the period the supports are provided.
15. SELF-MANAGED NDIS/PRIVATE PARTICIPANTS
15.1 Horizon Therapy Services may put a temporary hold on the provided credit card for the planning, initial assessment and report fee only.
15.2 Horizon Therapy Services may require upfront payment prior to commencing services.
15.3 Self-managed participants must pay the price in full on completion of the services unless otherwise agreed between the Clinic and the Client in writing. A tax invoice will be forwarded once payment has been processed.
15.4 Horizon Therapy may call to ask for credit card details to charge after a service has been provided. Horizon Therapy will securely store these credit card details as per the Payment Card Industry Data Security Standard (PCI DSS) Compliance guide.
15.5 Horizon Therapy Services reserves the right to place services on hold if invoices are not paid within seven (7) days of service.
15.6 Any debt collection or recovery costs incurred by the Clinic, and if the Clinic’s debt collection agency (“the agency”) charges commission on a contingency basis then the Patient shall pay as a liquidated debt the commission payable by the Clinic to the agency, at the agency’s prevailing rate as if the agency achieved one hundred per cent recovery and the following formula shall apply:
Total Debt including Original Debt x 100
Commission and GST= 100 – Commission % charged by the agency (including GST)
Any charges reasonably made or claimed by the Clinic’s or the agency’s lawyer for legal costs on the indemnity basis.