Engagement Terms
These Terms serve as the basis of Veterans First Consulting Pty Ltd ACN 660 011 263 (‘we’, ‘us’, ‘our’, ‘Veterans First Consulting’) offering to enter an agreement with you (‘You’) for the provision of the Services.
These Engagement Terms must be read in conjunction with the Engagement Proposal. By signing the Engagement Proposal, you accept the Engagement Terms and acknowledge that the Engagement Proposal and these Engagement Terms form our entire agreement with You (collectively ‘Agreement’).
1. DEFINITIONS
In these Terms unless contrary intention appears:
Act means Military Rehabilitation and Compensation Act 2004 (Cth);
CSC means Commonwealth Superannuation Corporation;
Commencement Date means the date set out in Item 2 of the Engagement Proposal;
Confidential Information means all personal information and health information (as those terms are defined in the Privacy Act 1988 (Cth)) and any other information of a private, sensitive or medical nature relating to an individual disclosed by one party to another in connection with this Agreement whether in oral, written or electronic form.
Claim means any or all of:
(a) a Permanent Impairment Claim against DVA;
(b) a request for reconsideration of a decision;
(c) an appeal against a decision of the DVA;
(d) a claim in respect of Section 80 of the Act;
(e) a claim for any form of services provided by the DVA including but not limited to attendant care, household services and similar; or
(f) a CSC Retrospective Invalidity under the Act.
DVA means the Commonwealth Department of Veterans’ Affairs;
Electronic Signature means any electronic method that indicates a person’s acceptance of an agreement that satisfies the requirements of the Electronic Transactions Act 1999 (Cth);
Eligible Young Person Payments means additional payments in relation to each eligible young person who is dependent on You for economic support or as otherwise defined in the Act as amended from time to time;
Engagement Proposal means the document titled ‘Engagement Proposal’ which, together with these Engagement Terms forms the agreement between You and Veterans First Consulting.
Fees has the meaning provided in clause 10 of the Engagement Terms;
Payout means the details of payment to be provided by the DVA or related bodies (including any Eligible Young Person Payments or lump sum payments) upon completion of a Permanent Impairment Claim and/or retrospective invalidity application;
Permanent Impairment has the meaning given to it under the Act;
Permanent Impairment Claim has the meaning given to it under the Act;
Registration of Permanent Impairment means the process by which DVA has confirmed in writing that the claim is registered with the DVA and a claim number has been assigned to the claim;
Services means those services set out in Item 3 of the Engagement Proposal;
Term has the meaning set out in Item 4 of the Engagement Proposal;
Termination has the meaning provided in clause 17 of the Engagement Terms; and
Terms means these Engagement Terms as amended from time to time.
2. INTERPRETATION
In these Terms unless the contrary is expressly provided:
2.1 headings are for ease of reference only and do not affect the meaning of these Terms;
2.2 the singular includes the plural and vice versa and words importing gender include other genders;
2.3 other grammatical forms of defined words or expressions have corresponding meanings;
2.4 a reference to a clause, paragraph, schedule or annexure is a reference to a clause or paragraph of or schedule or annexure to these Terms and a reference to these Terms includes any schedules and annexures;
2.5 a reference to a document or agreement, including these Terms, includes a reference to that document or agreement as novated, altered or replaced from time to time;
2.6 a reference to “A$”, “$A”, “dollar” or “$” is a reference to Australian currency;
2.7 a reference to a specific time for the performance of an obligation is a reference to that time in the State, Territory or other place where that obligation is to be performed;
2.8 a reference to a party includes its executors, administrators, successors and permitted assigns;
2.9 words and expressions importing natural persons include partnerships, bodies corporate, associations, governments and governmental and local authorities and agencies;
2.10 a reference to any legislation or statutory instrument or regulation is construed in accordance with the Acts Interpretation Act 1901 (Cth) or the equivalent State legislation, as applicable;
2.11 words and expression defined in the Corporations Act 2001 (Cth) as at the date of these Terms have the meanings given to them in the Corporations Act 2001 at that date; and
2.12 a reference to writing includes typewriting, handwriting, printing, photography and any other method of representing or reproducing words, figures or symbols in a permanent and visible form.
3. ACCEPTANCE
3.1 You will be deemed to have accepted our offer if You:
(a) affix Your Electronic Signature to the Engagement Proposal; or
(b) provide us with instructions or continue to request (either orally or in writing) that we provide You with our Services or otherwise benefit from our Services.
3.2 Once You accept our offer, You acknowledge that You are satisfied with the terms, covenants and conditions contained in these Terms.
4. SERVICES
4.1 We will provide the Services set out in the Item 3 of the Engagement Proposal.
4.2 We agree to carry out the Services in a professional manner with due care, skill, diligence and in compliance with all applicable laws, including the Privacy Act 1988 (Cth) and Corporations Act 2001 (Cth).
5. VARIATIONS
5.1 The Services we provide may be varied by the parties by written agreement.
6. YOUR RESPONSIBILITIES & ACKNOWLEDGEMENTS
6.1 To enable us to properly perform the Services in accordance with these Terms, You must promptly provide us with:
(a) Completed and signed authorisation or appointment forms necessary for us to act on Your behalf;
(b) Any information, reports, records, accounts and other relevant materials which support Your Claim; and
(c) Timely, clear, accurate and lawful instructions.
6.2 You acknowledge and agree:
(a) The information You provide to us will be true, accurate, complete and not misleading;
(b) You will otherwise comply with Your obligations under these Terms;
(c) You have obligations to maintain Your own full and proper records of any documentation used to substantiate Your Claim; and
(d) Unless otherwise set out in these Terms, the Services are provided for Your sole benefit and must not be relied upon by a third party or be used to benefit a third party. For the avoidance of doubt, a third party in this context does not include an Eligible Young Person or beneficiary of a veteran.
7. DELAY
7.1 You acknowledge that any timeframes provided by us for delivery of our Services are an estimate only. We will take reasonable steps to mitigate and minimise any delay on our part and the impact such delay may cause.
7.2 We will also endeavor to promptly notify You of any delays or likely delays in progressing Your Claim as soon as we become aware.
7.3 If You fail to adhere to any due dates or otherwise protract our delivery of the Services through Your conduct, You will be liable for any reasonable additional costs incurred by us.
8. NO ADVICE
8.1 You acknowledge and agree that in providing our Services:
(a) We are supporting You with Your Claim by passing on information relating to the practices, requirements and procedures of the DVA based on our experiences; and
(b) We are not providing You with any legal advice with respect to Your Claim or medical advice relating to Your physical and emotional well-being.
8.2 We recommend that You:
(a) engage other relevant and qualified professionals to assist, advise and support You with any legal or medical advice outside of our limited scope; and
(b) obtain independent legal advice as to the nature and effect of the Agreement.
9. NO GUARANTEE OF RESULTS
9.1 You acknowledge and agree:
(a) That the success of Your Claim is subject to assessment criteria internally created by government agencies which they may alter and over which we have no control;
(b) Our historical successes are not necessarily representative of our future outcomes; and
(c) With respect to the likely outcome of Your Claim achieved from the provision of our Services:
(i) we do not make any guarantees; and
(ii) You should not rely on any representations we may make.
10. FEES
10.1 If Your claim has been rejected for Initial Liability by the DVA, it is deemed an unsuccessful claim and there will be no fee payable by You.
10.2 If Your claim has been accepted for Initial Liability by the DVA but has not progressed any further and You seek to terminate the Agreement beyond the scope of clause 17 of the Engagement Terms, You agree to pay us the sum of $2,000 plus GST for the Services provided.
10.3 If, in our reasonable opinion, the Services have been provided and/or the DVA has confirmed that all reports are on file in respect of Your Permanent Impairment Claim and the Claim is deemed ready to investigate and You seek to terminate the Agreement beyond the scope of clause 17 of the Engagement Terms before DVA determination of your Permanent Impairment Claim, You agree to pay us the sum of $21,000 plus GST for the Services provided.
10.4 Fees of 7% of the Payout plus GST will be charged for a successful claim for Permanent Impairment and a successful application under section 80 of the MRCA.
10.5 There is no fee payable upon completion of required documentation for a Claim in respect of ancillary services to be provided by the DVA including but not limited to Attendant Care, Household Services and similar types of services.
10.6 You may also be required to pay any costs and reasonable out-of-pocket expenses incurred by us which are necessary to provide our Services, which may include but are not limited to medical related costs (‘Expenses’).
10.7 We will invoice You for the Fees and any Expenses incurred.
11. PAYMENT
11.1 You must pay us all amounts outlined in our invoice within ten (10) days of receipt of our invoices, unless otherwise specified by us, in the manner reasonably nominated by us, without set-off, counter-claim, holding or deduction.
11.2 Subject to the Agreement, if You fail to pay in accordance with these Terms, we may charge You:
(a) For all costs and expenses incurred by us in recovering the debt from You; and
(b) Compound interest at a rate of 12% per annum on the overdue amount which will begin accruing on the first day that payment is overdue.
12. DISPUTED FEES
12.1 If You dispute the whole or any portion of the amount in an invoice, You must pay the portion of the invoice which is not in dispute and provide notice to us within seven (7) days of receipt of the invoice Your reasons for dispute (‘Dispute Notice’).
12.2 Upon receipt of Your Dispute Notice, we will within a reasonable time provide You with evidence substantiating the Fees and Expenses and addressing Your reasons of dispute.
12.3 If the dispute cannot be resolved within fourteen (14) days of our response the dispute must be referred to a mediator, unless the parties agree otherwise.
12.4 If the parties agree to mediation but cannot agree on a mediator then a mediator will be nominated by the president of the Resolution Institute the costs of which are to be borne by You.
12.5 All parties must act in good faith in an attempt to resolve any dispute, and if mediation is needed the parties must participate in the mediation in good faith.
13. GST
13.1 Unless otherwise expressly stated in these Terms or the Engagement Proposal, all amounts payable to us are exclusive of GST. If GST is imposed, we may recover that amount from You in accordance with these Terms.
14. CONFIDENTIAL INFORMATION
14.1 The parties agree that each party must keep confidential all Confidential Information and only use Confidential Information solely for the purpose of performing obligations under the Agreement.
15. PRIVACY
15.1 We will take reasonable steps to comply with our privacy policy made available on our website when dealing with Your Confidential Information in the provision of our Services.
16. INDEMNITY AND LIMITATION OF LIABILITY
16.1 To the maximum extent permitted by law:
(a) Our liability for damages arising from any breach of the Agreement or any issue with the Services we have provided in relation to it, are limited to the amount of Fees paid by You to us under the Agreement; and
(b) We will not be liable or responsible for any indirect economic loss, loss of income or profit, liability under other agreements or to third parties, loss of opportunity or any other special, indirect, remote or punitive loss or damage arising in connection with the Agreement or the delivery of our Services, even if we were appraised of the likelihood of such loss occurring.
16.2 You agree to indemnify us and keep us indemnified against all loss, damage or cost that may be incurred by us arising from or in connection with:
(a) Any breach or default by You of these Terms;
(b) Any negligent act or omission by You or by a party You are responsible for or Your failure to comply with any law; and
(c) Any claim made against us by any third party in connection with the information or documents that You have provided to us.
16.3 To the extent that any claim or loss occurs as a result of any negligent act or omission caused by us, Your liability under clause 16.2 will be proportionately reduced.
17. TERMINATION
17.1 The Agreement shall commence on the Commencement Date and continue in full force and effect for the Term unless terminated earlier in accordance with this clause.
17.2 Either party may terminate the Agreement by providing fourteen (14) days’ written notice to the other party in the event of the following:
(a) The other party commits a material breach of any term of the Agreement and fails to remedy such breach within fourteen (14) days of receiving written notice requiring it to do so;
(b) The other party engages in fraud, gross negligence, wilful misconduct or any act that brings or is likely to bring the other party into disrepute;
(c) The other party fails to perform its obligations under the Agreement in a timely or satisfactory manner and such failure is deemed within the power and control of the other party to remedy but they fail to do so within fourteen (14) days of receiving written notice specifying the failure; or
(d) As otherwise agreed between the parties in writing.
17.3 Termination of the Agreement shall be without prejudice to any rights or remedies accrued by either party up to the effective date of termination and any Fees and Expenses will become due and payable.
18. RETENTION OF DOCUMENTS
18.1 You acknowledge that upon termination of the Agreement or completion of Your Claim, we may be required to retain certain material provided during the provision of our Services (including Confidential Information) for a period specified by law.
18.2 We may also be required to keep copies of documents where required for quality assurance or insurance purposes.
18.3 We may also be required to keep copies of documents where required for quality assurance or insurance purposes.
19. ASSIGNMENT
19.1 In the event that we assign our interest under the Agreement, or Veterans First Consulting is acquired, merges or amalgamates with another entity, You agree that You will continue to be bound by these Terms.
20. ELECTRONIC MAIL
20.1 You consent and acknowledge that we may communicate with You electronically in accordance with the Electronic Transactions (Queensland) Act 2001, and by accepting to communicate electronically You acknowledge that we may send You all written correspondence electronically for Your instructions. If You wish to limit this form of communication You must instruct us accordingly.
20.2 You agree that we may issue our invoices to You electronically, which You are taken to have received at such time as we have sent this to You electronically.
20.3 You agree to assume the risks which are associated with the above forms of communication and agree that we do not accept liability which may arise from such risks.
20.4 You agree to fully release and indemnify us from any claims which You may otherwise have as a result of another person intercepting or interfering with such communications or any other issue arising from the use of such communications.
21. SEVERANCE
21.1 In the event that the whole or any part of parts of any clause in these Terms is held to be void or unenforceable, it shall to that extent be severed from these Terms but the validity of these Terms will not be affected.
22. JURISDICTION
22.1 These Terms and our agreement with You are governed by the laws of Queensland. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction in Queensland.
23. NO MERGER
23.1 No right or obligation of any party will merge on completion of any transaction contemplated by these Terms. Any indemnity given in these Terms survives the expiry or termination of our agreement with You and a party may enforce a right of indemnity at any time, including before it has suffered loss.
24. EXECUTION
24.1 The parties agree that signing may be effected electronically.
24.2 If the Engagement Proposal is signed by any person using an Electronic Signature, the parties:
(a) agree to enter into the Engagement Proposal in electronic form; and
(b) consent to either or both parties signing the Engagement Proposal using an Electronic Signature.
25. SURVIVAL
25.1 Notwithstanding any termination or expiration of this Agreement, the following provisions shall survive for an indefinite period:
(a) confidentiality and non-disclosure obligations;
(b) indemnities and limitations of liability to the extent applicable;
(c) any payment obligations incurred prior to termination; and
(d) any representations, warranties, and covenants that by their nature are intended to survive termination.