Terms & Conditions

1. About NDBS

NDBS Project Management Pty Ltd ABN: 33 672 983 603 (“NDBS”, “we”, “us”, “our”) is an independent Building Works Project Management company providing services to NDIS participants, occupational therapists, support coordinators, and private clients navigating home modification projects across Australia.

NDBS is not a builder or contractor and does not engage in construction works. Our services are advisory, governance, oversight and project management in nature.

NDBS is currently in the process of obtaining NDIS registration as a registered Building Works Project Manager. This section will be updated upon registration.

2. Use of Our Website

2.1 Acceptance of terms

By accessing and using www.ndbs.net.au (the “Website”), you accept and agree to be bound by these Terms & Conditions and our Privacy Policy. If you do not agree, please do not use the Website.

2.2 Website content

The content published on our Website is provided for general informational purposes only. While we take care to ensure accuracy, NDBS does not warrant that the information is complete, current or free from error. Nothing on the Website constitutes legal, financial, medical or professional advice.

NDBS reserves the right to modify, update or remove Website content at any time without notice.

2.3 Intellectual property

All content on the NDBS Website  including text, graphics, logos, images, video and scripts  is the property of NDBS Pty Ltd or its content licensors and is protected by Australian copyright law. You may not reproduce, distribute, modify or republish any Website content without our prior written consent.

2.4 External links

Our Website may contain links to third-party websites. These links are provided for convenience only. NDBS does not endorse, control or take responsibility for the content, privacy practices or accuracy of any third-party website. We encourage you to review the privacy policy of any external site you visit.

2.5 Prohibited use

You must not use our Website:

  • For any unlawful purpose or in any way that violates applicable laws or regulations
  • To transmit spam, malware or any harmful code
  • To attempt to gain unauthorised access to our systems or data
  • In any manner that could damage, disable or impair the Website’s functionality
  • To scrape, harvest or extract data without our written consent

3. NDBS Services

3.1 Nature of services

NDBS provides independent Building Works Project Management services including but not limited to:

  • Independent project review and assessment
  • Funding and documentation support for NDIS applications
  • Complex project advisory and dispute support
  • End-to-end project management and construction oversight
  • BWPM transition management for participants changing providers

 

All services are delivered in accordance with a separate Service Agreement entered into between NDBS and the client. These Terms & Conditions apply to the use of our Website and general engagement with NDBS. Specific service terms, fees and scope are set out in the relevant Service Agreement.

3.2 NDBS is not a builder

NDBS does not perform building or construction works, does not hold a builder’s licence, and does not enter into building contracts on its own behalf. Where construction supervision or site inspection is performed as part of our services, it is as an independent project manager representing the client’s interests, not as a contractor.

3.3 Choice of BWPM

NDIS participants have the right to choose their Building Works Project Manager and to change their BWPM at any point during a project. Engaging NDBS as a BWPM or changing to NDBS from another provider requires the participant or their authorised representative to enter into a Service Agreement with NDBS. NDBS will assist with the NDIS service agreement and provider transition process at no additional charge.

3.4 Non-NDIS services

NDBS also provides project management and advisory services for home modification projects funded outside the NDIS, including aged care pathways, insurance and private arrangements. These services are subject to the same standards of independence and quality as our NDIS work. Separate fee arrangements apply.

4. Website Forms and Enquiries

When you submit a form on our Website  including referral forms, BWPM switch requests, consultation requests, general enquiries or newsletter subscriptions, you acknowledge that:

  • The information you provide will be handled in accordance with our Privacy Policy
  • Submission of a form does not create a contractual relationship between you and NDBS
  • NDBS will endeavour to respond to all enquiries within one business day but does not guarantee response times
  • Providing false, misleading or fraudulent information in a form submission may result in your enquiry being disregarded

 

Enquiries and referrals submitted through our Website are treated as confidential. NDBS will not disclose the content of your enquiry to any third party without your consent, except as required by law or as necessary to respond to your enquiry.

5. Fees and Payment

The initial consultation offered through our Website is provided at no charge and without obligation. Fees for ongoing services are set out in the relevant Service Agreement.

NDBS will not charge a participant for services that are funded under the participant’s NDIS plan without the participant’s prior written consent and in accordance with the NDIS Pricing Arrangements and Price Limits.

For non-NDIS clients, fees are agreed in advance and set out in writing prior to the commencement of any paid services.

6. Confidentiality

NDBS treats all information provided by clients, participants, OTs and other parties as confidential. We will not disclose confidential information to any third party except:

  • With your express consent
  • To parties directly involved in your project (e.g. the participant’s OT, support coordinator or builder) where disclosure is necessary to deliver our services
  • To the NDIA or NDIS Commission where required by our regulatory obligations
  • Where required or authorised by law
  • Where necessary to prevent or lessen a serious and imminent threat to the life or health of any individual

 

Our confidentiality obligations survive the termination of any service engagement.

7. Limitation of Liability

To the fullest extent permitted by law:

  • NDBS is not liable for any indirect, consequential, special or incidental loss arising from the use of our Website or the engagement of our services
  • NDBS’s total liability to any party in connection with our services is limited to the fees paid by that party to NDBS in the 12 months preceding the claim
  • NDBS makes no warranty that our Website will be uninterrupted, error-free or free from viruses or harmful components

 

Nothing in these Terms & Conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition implied or imposed by any legislation (including the Australian Consumer Law) that cannot lawfully be excluded or limited.

 

NDBS carries professional indemnity and public liability insurance appropriate to the services we provide.

8. NDIS Compliance and Code of Conduct

NDBS operates in accordance with the NDIS Code of Conduct, which requires us to:

  • Act with respect for the rights of NDIS participants to make decisions about their own lives
  • Act with integrity, honesty and transparency
  • Promptly take action to raise and act on concerns about matters that might have an impact on the quality and safety of supports and services provided to people with disability
  • Respect the privacy of people with disability
  • Provide supports and services in a safe and competent manner with care and skill

Any concerns about NDBS’s conduct in relation to NDIS services may be reported to the NDIS Quality and Safeguards Commission at www.ndiscommission.gov.au or 1800 035 544.

9. Governing Law

These Terms & Conditions are governed by and construed in accordance with the laws of the State of South Australia and the Commonwealth of Australia. Any disputes arising under these Terms & Conditions are subject to the non-exclusive jurisdiction of the courts of South Australia.

10. Changes to These Terms

NDBS reserves the right to update these Terms & Conditions at any time. The current version is always published at www.ndbs.net.au/terms. Continued use of our Website following any update constitutes acceptance of the revised terms.

Material changes will be communicated to active clients and mailing list subscribers prior to taking effect.

11. Contact

For any questions about these Terms & Conditions, please contact:

NDBS Pty Ltd

Level 30, RAA Place, 91 King William St, Adelaide SA 5000

Email: office@ndbs.net.au

Phone: (08) 8233 5895

These Terms & Conditions are intended as a general guide and do not constitute legal advice. NDBS recommends seeking independent legal advice to ensure these terms are appropriate for your specific circumstances and fully compliant with all applicable laws and regulations.

NDBS reviews this Privacy Policy at least annually and whenever our information handling practices change materially. The current version is always published at www.ndbs.net.au/privacy-policy.

We will notify subscribers of material changes to this policy by email prior to the changes taking effect.

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