These Client Service Terms (Terms) apply to the services provided by Aged Care Fee Experts Pty Ltd (ACN 700 334 578) (ACFE, we, us or our) to you (you or your).
These Terms should be read together with the Service Details for your engagement. If there is any inconsistency between these Terms and the Service Details, these Terms prevail, except that any special conditions expressly stated in the Service Details prevail to the extent of the inconsistency.
You accept these Terms, and they become binding on you, when you do any of the following after receiving or becoming aware of them: accepting a quote from ACFE; paying an ACFE invoice; signing these Terms or a related document electronically; ticking an online box indicating your acceptance; verbally accepting these Terms during a telephone or video appointment, where ACFE records your acceptance in a file note; or instructing ACFE to proceed with, or accepting the benefit of, the Services.
Service Details
The specific Services, fees, inclusions, exclusions, timing and any special conditions are set out in the Service Details.
'Service Details' means the quote, invoice, service description, webpage, Services & Pricing Guide, email, proposal or other written document provided by ACFE that describes the services to be provided, fees, payment timing, inclusions, exclusions, expected timing and any special conditions.
'Services' means the services described in the Service Details that ACFE agrees to provide to you.
If more than one document forms part of the Service Details, the most specific and most recently accepted quote, invoice, proposal or email for your engagement prevails over general website content or the Services & Pricing Guide, to the extent of any inconsistency.
Services
ACFE will provide the Services described in the Service Details with due care and skill. In providing the Services:
ACFE may provide services which include a Residential Aged Care Fee Assessment and Options Report, a Support at Home Contribution Review, Services Australia end-to-end support, a complete residential transition package, correspondence nominee onboarding and ongoing correspondence nominee support, in each case only where set out in the Service Details;
any information, calculations or reports ACFE provides are point-in-time and are based on the information and documents you give ACFE, and the rules, rates and information available at the time; and
unless the Service Details say otherwise, ACFE may decline to start work, pause the Services, or withhold a report or deliverable until any fees or deposit payable for that work have been paid, requested information and documents have been provided, and any authority or consent issues have been resolved.
What ACFE does and does not provide
ACFE provides factual aged care fee information, calculations, administrative support and Services Australia process support. ACFE does not provide personal financial advice, investment advice, legal advice or tax advice under these Terms. ACFE does not recommend whether you should sell, keep, gift or invest assets, choose a financial product, make a RAD/DAP decision, restructure your affairs or take any other financial, legal or tax step. ACFE does not make decisions for you.
Our Services are factual and administrative in nature and are based on the information you provide. They are not a substitute for personal financial, legal or tax advice.
You should obtain your own financial, legal or tax advice before making any decision. If you choose not to do so, you accept the risk that our factual information may not address all legal, tax, financial or investment considerations relevant to your circumstances.
No guaranteed outcome
ACFE does not guarantee any Services Australia decision, aged care provider decision, reduction in fees, pension outcome, processing timeframe or favourable assessment.
Your obligations
So that ACFE can provide the Services, you must:
provide complete, accurate and current information;
provide all relevant financial, income, asset, liability, superannuation, property, bank account, aged care and Services Australia information;
promptly provide any documents ACFE reasonably requests;
review any reports or information ACFE provides and promptly notify ACFE of any error or omission;
notify ACFE of any change in your circumstances that may affect the Services, ideally within 14 days of the change; and
not provide ACFE with your passwords, PINs or login details for any account.
If ACFE assists you to complete an online intake form, application, questionnaire or similar process using information you provide, you remain responsible for reviewing the information before it is submitted or confirmed, and for ensuring that it is accurate, complete and up to date. ACFE is entitled to rely on information you provide or confirm as accurate.
You acknowledge that missing or incorrect information, including undisclosed bank accounts, assets, income, superannuation, property or liabilities, may affect calculations, reports and Services Australia outcomes.
Authority, consent and third-party communications
You consent to ACFE collecting, using and disclosing your personal information, including financial information and sensitive information, where reasonably required to provide the Services, administer our business, comply with legal and insurance obligations, and as described in ACFE's Privacy Policy.
If you provide instructions, sign documents or provide information for another person, you confirm you have lawful authority to do so and that ACFE may collect, use and disclose that information in accordance with these Terms and ACFE's Privacy Policy. ACFE may ask for evidence of authority, including a power of attorney, guardianship order, administration order, Services Australia nominee authority or written consent.
ACFE may pause, decline or stop providing the Services if it is not satisfied that a person giving instructions has proper authority, if authority is withdrawn or unclear, if there are conflicting instructions, or if ACFE has concerns about capacity, consent or family disputes.
You authorise ACFE to communicate with relevant third parties where reasonably required to provide the Services, including:
Services Australia and My Aged Care;
aged care providers and Support at Home providers;
your authorised representatives, and any attorney, guardian or administrator; and
your accountant, lawyer or financial adviser.
Services Australia nominee services
If the Service Details state that ACFE will provide nominee services, ACFE may assist with the process for ACFE to be appointed as your Services Australia correspondence nominee. ACFE can only act as correspondence nominee once Services Australia has accepted the official appointment.
These Terms do not appoint ACFE as a nominee. ACFE does not act as a payment nominee, handle your money, operate bank accounts or change payment destination details.
Ending the Services or these Terms does not automatically end any Services Australia nominee appointment. You and ACFE may need to complete Services Australia's process to change or cancel the nominee arrangement.
If the Service Details state that ACFE will provide ongoing correspondence nominee support, that service continues for the period stated in the Service Details, or until cancelled in accordance with these Terms, subject to payment and any steps required by Services Australia to change or cancel the nominee arrangement.
Where ACFE provides ongoing correspondence nominee support, you must promptly review and respond to any correspondence, request, form, deadline or other matter that ACFE brings to your attention. You remain responsible for providing instructions and information within any relevant timeframe and for meeting any deadline that applies to you, including any deadline set by Services Australia, My Aged Care, an aged care provider or another third party.
Fees, payment and third-party costs
Fees are set out in the Service Details. The Service Details will state whether fees are inclusive or exclusive of GST. If GST applies, ACFE will provide a tax invoice.
Any prices stated on ACFE's website, services guide or other marketing materials may be starting prices only. The fees payable by you are the fees set out in the Service Details accepted by you.
You must pay the fees in the amounts and at the times set out in the Service Details or the relevant invoice.
Any third-party costs approved by you may be billed to you, and you must pay those costs in addition to the fees.
Changes and out of scope work
If you ask ACFE to perform work that is outside the scope set out in the Service Details, that work is out of scope and:
ACFE may charge additional fees for the out of scope work;
ACFE may adjust any expected timing to reflect the additional work; and
examples include extra meetings, additional accommodation scenarios, priority turnaround, amended reports due to changed circumstances, additional Services Australia correspondence, appeals or reviews, formal complaints, debt disputes, compensation matters, complex trusts or companies, overseas assets, extensive historical reconstruction and complex family disputes.
ACFE will let you know before carrying out “out of scope work”, and any change to the Services or fees will be agreed in writing (which may be by email).
Cancellations and refunds
You may cancel the Services by giving ACFE written notice.
If you cancel after ACFE has commenced work, ACFE may charge or retain amounts for services reasonably performed, work completed to prepare deliverables, administrative and onboarding work, communications with third parties, Services Australia or nominee-related steps, and any approved third-party costs.
Any refund of a prepaid amount will be assessed by reference to the work completed and costs incurred up to cancellation. Nothing in this clause limits your rights under the Australian Consumer Law.
Privacy and confidentiality
ACFE handles personal information in accordance with its Privacy Policy available at https://agedcarefeeexperts.com/privacy-policy.html. By using the Services, you consent to ACFE collecting, using and disclosing personal information, including financial information and sensitive information, as described in these Terms and the Privacy Policy.
ACFE will keep your information confidential and use it only for the purpose of providing the Services, administering its business, meeting legal, insurance and record-keeping obligations, and as described in the Privacy Policy, except where disclosure is required by law or authorised by you.
Third-party systems
ACFE may use third-party systems and service providers to provide the Services, including secure document collection and intake, electronic signing, invoicing, cloud storage, video meeting, calculation, administration and report generation tools.
Where you are required to directly access or use a third-party platform as part of the Services, ACFE will provide relevant information or links about that platform, including any applicable third-party terms or privacy information where reasonably available. Your use of a third-party platform may be subject to that provider’s own terms, privacy policy and security practices.
ACFE is not responsible for the acts, omissions, availability, security or performance of third-party systems or service providers, except to the extent required by law.
Intellectual property
ACFE owns its methodologies, templates, tools and underlying materials.
You may use any final reports and materials ACFE provides for your own personal aged care and Services Australia matters.
You retain ownership of the information and documents you provide to ACFE, and you allow ACFE to use them to provide the Services.
Australian Consumer Law and liability
Nothing in these Terms limits any rights or remedies you may have under the Australian Consumer Law or any other law that cannot be excluded, restricted or modified.
To the maximum extent permitted by law, ACFE's total liability arising out of or in connection with the Services is limited to the amount you paid ACFE for the relevant Services.
To the maximum extent permitted by law, ACFE is not responsible for loss to the extent it is caused or contributed to by incomplete, inaccurate or out-of-date information provided to ACFE, decisions or delays of Services Australia, My Aged Care, aged care providers or other third parties, or matters outside ACFE's reasonable control.
Complaints and disputes
If you have a complaint or a dispute arises in connection with the Services, please contact us first so we can try to resolve it quickly and in good faith. You can reach us at:
email: support@agedcarefeeexperts.com; or
phone: 0433 173 949.
If we cannot resolve the matter after genuine attempts to do so, either of us may pursue our rights at law. This clause does not prevent either of us from seeking urgent relief from a court.
General
These Terms are governed by the laws of South Australia, and each party irrevocably submits to the exclusive jurisdiction of the courts of that state and courts of appeal from them.
ACFE may update these Terms from time to time. The version that applies to your engagement is the version in effect when you accept them for that engagement.
These Terms may only be amended in accordance with a written agreement between you and ACFE.
Neither party may rely on the words or conduct of the other party as a waiver of any right under these Terms unless the waiver is in writing.
Any term of these Terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable, and the validity and enforceability of the remainder of these Terms is not affected.
You cannot assign, novate or otherwise transfer any of your rights or obligations under these Terms without ACFE's prior written consent.
These Terms, together with the Service Details, embody the entire agreement between you and ACFE for the Services and supersede any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, on the same subject.