Footprints Advocacy Agreement

1. About this Agreement

These Terms of Service apply to all services supplied by Footprints Advocacy.

In these Terms:

FPA, we, us or our means Footprints Advocacy ABN 72 918 119 866.

Client, you or your means the person purchasing or receiving the services, or any person authorised to act on that person’s behalf.

Services means all advocacy, support, document review, guidance, drafting assistance, meeting attendance, research, liaison, and related services supplied by FPA.

Package means any prepaid service package offered by FPA, including any package expressed as a set number of hours or a bundled service.

By purchasing, booking, instructing, or otherwise authorising FPA to begin work, you agree to these Terms.

2. Scope of Services

FPA provides advocacy and support services, including:

  • review of documents and supporting evidence

  • guidance regarding NDIS processes and related supports

  • drafting assistance and feedback

  • communication with you and, where authorised or reasonably necessary, relevant third parties

  • attendance at meetings or calls where agreed

  • research and enquiries required to understand pathways, programs, supports, and options relevant to your matter.

FPA’s services are tailored to the information available at the time and the scope you have purchased.

3. Authority to Act and Information Provided

You warrant that any information and documents you provide to FPA are accurate, complete, and up to date to the best of your knowledge.

You authorise FPA to rely on the information you provide unless you advise otherwise.

You acknowledge that the quality and usefulness of FPA’s services may depend on the accuracy, completeness, and timing of the information you provide.

4. Authority to Contact Third Parties

To provide the Services, you authorise FPA, where reasonably necessary, to contact relevant third parties connected with your matter. This may include therapists, schools, childcare providers, support coordinators, lawyers, service providers, agencies, government bodies, and similar stakeholders.

FPA will take reasonable care with your confidential information and will not intentionally disclose identifying information beyond what is reasonably necessary to provide the Services.

Where particularly sensitive or unusual third-party contact is proposed, FPA may seek your further consent before proceeding.

5. Privacy and Confidentiality

FPA will treat your personal information and documents as private and confidential and will only use or share them for the purpose of providing the Services, complying with legal obligations, or as otherwise authorised by you.

You acknowledge that some limited sharing of information may be reasonably necessary to progress your matter or obtain information relevant to your matter.

FPA will take reasonable steps to protect your information but cannot guarantee absolute security of email, phone, cloud storage, or third-party systems.

6. Quotes, Packages and Acceptance

A quote, package, invoice, online checkout, or written proposal from FPA sets out the Services to be supplied and the applicable fee.

A Package is purchased as a block of professional time, work, and support value. Unless expressly stated otherwise, a Package is not a promise of a particular outcome.

Your acceptance occurs when you do any of the following:

  • pay for a Package or invoice

  • instruct FPA to start work

  • provide documents for review after receiving a quote or invoice

  • book a service with FPA

  • otherwise authorise commencement of the Services.

Once accepted, these Terms apply.

7. Pricing and GST

All prices are in Australian dollars and are exclusive of GST, unless expressly stated otherwise.

GST will be added where applicable.

If the cost of supplying the Services materially changes due to factors outside FPA’s control, FPA may notify you of a reasonable price adjustment before further work is undertaken.

8. Payment Terms

Unless otherwise stated:

  • prepaid Packages must be paid in full before work begins

  • hourly or additional work outside a Package may be invoiced as performed

  • invoices are payable within 7 days of issue.

FPA may decline to commence or continue Services until payment is received.

9. How Package Time Is Used

Where a Package includes a stated number of hours, that time may be used for any work reasonably required to provide the Services, including:

  • reading and reviewing documents

  • phone calls, meetings, and follow-up correspondence

  • drafting, editing, and feedback

  • research and enquiries

  • liaison with third parties

  • file administration reasonably connected to your matter.

Time is calculated by FPA in good faith.

Unless otherwise stated, prepaid Package hours expire 60 days after purchase.

Unused hours after expiry are forfeited unless otherwise agreed in writing or required by law.

10. Additional Work Outside a Package

If you ask FPA to perform work outside the scope of a Package or beyond the included hours, FPA may charge additional fees at the current hourly rate or issue a new quote.

FPA is not obliged to perform additional work unless agreed.

11. No Guarantee of Outcome

FPA does not guarantee any particular outcome, approval, funding decision, plan result, review result, legal result, or timeframe.

You acknowledge that decisions by the NDIA, the ART, service providers, schools, agencies, or other third parties are outside FPA’s control.

12. Nature of Services

FPA provides advocacy, guidance, drafting assistance, and related support.

Unless expressly stated otherwise, FPA does not provide legal advice, financial advice, medical advice, or clinical advice.

Any information supplied by FPA is provided in good faith based on the material available at the time.

13. Timeframes

Any timeframes given by FPA are estimates only, not guarantees.

FPA is not liable for delays caused by factors outside its control, including delayed documents, delayed third-party responses, illness, technology failure, or agency delay.

14. Client Responsibilities

You agree to:

  • provide complete and accurate information

  • respond to reasonable requests for information in a timely way

  • review documents and drafts promptly where needed

  • attend booked appointments or provide at least 24 hours’ notice if you need to cancel or reschedule

  • treat FPA staff respectfully

  • undertake reasonable self-advocacy tasks where appropriate.

FPA may prioritise clients with urgent or higher-risk matters.

15. Intellectual Property

All templates, wording, guides, documents, systems, and materials created or supplied by FPA remain the intellectual property of FPA unless otherwise agreed in writing.

You may use material supplied by FPA for your own personal, non-commercial matter only.

You must not reproduce, publish, distribute, sell, licence, share broadly, or commercially exploit FPA’s materials without written permission.

16. Consumer Rights and Refunds

Nothing in this Agreement excludes, restricts or modifies any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

If you are entitled to a remedy under the Australian Consumer Law for a major failure of services, you may be entitled to cancel the services and receive a refund for the unused portion, or compensation for the reduced value of the services, together with any other remedy available by law.

Except where required by law, refunds are dealt with in accordance with the cancellation terms in this Agreement.

17. Cancellation by the Client

If you wish to cancel Services, you must notify FPA in writing.

If you cancel before FPA has commenced work, FPA may refund amounts paid less any reasonable administration, booking, payment processing, or onboarding costs already incurred.

If you cancel after FPA has commenced work:

  • no refund is payable for work already performed

  • FPA may retain payment for time spent, meetings attended, calls made, documents reviewed, drafting completed, correspondence sent, research undertaken, and reasonable administration costs incurred up to the date of cancellation

  • any refund for the unused portion of a prepaid Package is at FPA’s discretion, except where you are entitled to a remedy under the Australian Consumer Law.

For the purpose of this clause, Services are taken to have commenced when FPA first begins any substantive work on your matter, including reviewing documents, making enquiries, drafting, emailing advice, attending calls, or otherwise progressing the matter.

18. Suspension or Termination by FPA

FPA may suspend or terminate Services on written notice if:

  • you fail to pay an invoice when due

  • you behave in a threatening, abusive, discriminatory, or unsafe manner

  • you request unlawful, unsafe, or unethical conduct

  • a conflict of interest arises

  • FPA reasonably considers that it cannot continue to act effectively or appropriately.

If FPA terminates under this clause, you remain liable for work already performed and reasonable costs incurred up to the termination date.

If FPA terminates for convenience before completing the Services, FPA will refund any prepaid amount for the unused portion of the Package, unless the law requires a different remedy.

19. Default in Payment

If you do not pay on time, FPA may:

  • suspend or stop work

  • withhold further delivery of Services or materials

  • charge reasonable recovery costs

  • charge interest on overdue amounts at 2% per annum above FPA’s bank overdraft rate, calculated daily, where permitted by law.

20. Limitation of Liability

To the maximum extent permitted by law, FPA’s liability for any claim connected with the Services is limited to the amount paid by you for the relevant Services giving rise to the claim.

FPA is not liable for indirect, consequential, special, or economic loss, including loss of opportunity, loss of funding, or distress arising from third-party decisions, except where liability cannot lawfully be excluded.

Nothing in this clause limits any liability that cannot be excluded by law.

21. Reliance on Third Parties and Materials

FPA may rely on information, records, reports, assessments, and representations from you or third parties.

FPA is not responsible for errors, omissions, or delays caused by inaccurate or incomplete third-party information.

22. Force Majeure

FPA is not liable for delay or failure to perform Services to the extent caused by events outside its reasonable control, including illness, natural disaster, internet or technology failure, government action, pandemic, or service disruption.

23. Subcontracting and Assistance

FPA may engage employees, contractors, or subcontractors to assist in providing the Services.

FPA remains responsible for the Services it agrees to supply.

24. Complaints

If you are dissatisfied with the Services, please raise your concern with FPA in writing as soon as possible so FPA can attempt to resolve it fairly and promptly.

FPA will review complaints in good faith.

25. Entire Agreement and Changes

These Terms, together with any quote, invoice, package description, or written scope document from FPA, form the entire agreement between the parties.

No variation is effective unless agreed in writing.

FPA may update these Terms for future engagements by publishing revised terms on its website. The version in force at the time of your purchase or acceptance will apply to your engagement unless otherwise agreed.

26. Governing Law

These Terms are governed by the law of New South Wales, Australia.

The courts of New South Wales have non-exclusive jurisdiction in relation to any dispute arising from the Services or these Terms.

Support Coordination

Where FPA provides support coordination, FPA may assist the Client to understand and use their NDIS plan, connect with providers and services, coordinate supports, and build capacity to manage supports more independently. FPA does not guarantee provider availability, funding approval, or outcomes, and does not make final decisions on behalf of the Client. The Client remains responsible for choosing providers and making decisions about their supports unless another lawful decision-maker acts on their behalf. FPA is not responsible for the acts or omissions of third-party providers.

Support Coordination and Independent Advocacy

If FPA is providing support coordination to a Client, FPA is not acting as that Client’s independent advocate at the same time. Where independent advocacy is required, FPA may refer the Client to another advocacy service or representative to avoid actual, potential, or perceived conflicts of interest.

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