CLIENT AGREEMENT AND TELEHEALTH TERMS
Rebecca Amy Bradshaw (ABN 64393349391) trading as Rural Child Health (We, Us or Our) provides children nursing and related health services. This Client Agreement, including our telehealth terms and conditions set down the terms of our offer to provide our Services to you (You or Your).
DEFINITIONS
In this Agreement, unless the context otherwise requires, capitalised terms have the meaning given to them in this Agreement, and:
GST means:
the same as in GST Law;
any other goods and services tax, or any tax applying to this agreement in a similar way; and
any additional tax, penalty tax, fine, interest or other charge under a law of such a tax.
GST Law means the same as “GST law” in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Liability means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
Parties means the parties to these Terms.
Personnel means a Party’s employees, consultants, suppliers, subcontractors or agents.
Terms means this Client Agreement and Telehealth Terms.
COMMENCEMENT
This Agreement starts on the date you accept it and applies from that date (Start Date).
OUR OBLIGATIONS
In consideration of you paying us the Fee, we will provide the Services in accordance with this Agreement, whether ourselves or through our Personnel.
As part of our Services, we will provide either individual or group consultations or sessions (Sessions). This will be provided online through a video conferencing software or other digital software of our choosing, unless otherwise agreed.
YOUR OBLIGATIONS
You must comply with this Agreement and all of our reasonable requests or requirements, including providing any information or documentation we reasonably require.
You must obtain, and provide to us, all things reasonably necessary to enable us to provide the Services.
You agree to fully inform and keep us informed in relation to any and all medical, psychological and other background issues that are in any way relevant to the Services we are to provide you with.
You warrant that to the best of your knowledge, you have provided us with honest and accurate information where required. You indemnify us in the event of your breach of this Clause 4(d).
You agree to talk to us if you have any concerns about the Services.
FEES
The cost of a Session are as follows set out in the Attached Fee Schedule (together the Fees) and we reserve the right to update the Fees at our discretion between your bookings with reasonable notice to you. Note this does not apply to the packages, which remain at the price you booked them for the duration of the package.
The Fees are payable via our third party payment processor Paypal or direct deposit to the account details below:
Account Name: C & R Bradshaw
BSB: 034 171 (Westpac)
Account Number: 24 55 77
Reference: use the child’s surname and date of Session as reference.
You must pay us the Fees and any other amounts payable to us under this Agreement within 7 days on completion of each Session (Payment Terms).
If any payment has not been made in accordance with the Payment Terms, we may (at our absolute discretion) immediately cease providing the Services and/or charge you interest at a rate equal to the Reserve Bank of Australia’s cash rate, from time to time, plus 8% per annum, calculated daily and compounding monthly.
Subject to Clause 13, you acknowledge the Fees are non-refundable and we may grant refunds to you only in our sole discretion without prejudicing any rights under these Terms.
Health insurance may only be claimed after the Session has occurred.
PAYMENT OF GST
Words defined in the GST Law have the same meaning in this clause, unless the context makes it clear that a different meaning is intended.
In addition to paying the Charges and any other amount payable or in connection with this agreement (which is exclusive of GST), you will:
pay to us an amount equal to any GST payable from any supply of Services by us in respect of which the Charges or any other amount is payable under this agreement; and
make such payment either on the date when the Charges are due or within three (3) days after you are issued with a tax invoice, whichever is the later.
INDIVIDUAL AND GROUP SESSIONS
Where you / your child will be attending an individual appointment, you or another parent/ caregiver must be present with the child during the appointment. Where you are unable to attend the appointment, you consent to us discussing any assessment findings and referral options to the adult who is present with the child during the appointment.
Where you will be attending a group session, you must:
be punctual;
be mindful and respectful of other participants at all times; and
maintain the confidentiality of other people and any discussions in the group.
We reserve the right to remove you from any group session where you have breached this clause at our sole and absolute discretion.
CANCELLATIONS
You must provide at least 24 hours’ notice to cancel an individual appointment, otherwise you will be charged 50% of the full Fee for that appointment (unless the appointment is rebooked at the time of cancellation).
Group sessions are unable to be rescheduled or cancelled. You acknowledge that missing a group session means you forfeit the full Fee for that session.
We reserve the right to cancel any Session with reasonable notice to you in the event the cancellation is necessary due to circumstances beyond our control. You agree we have no other Liability to you if this clause applies.
TELEHEALTH SERVICES
Where appropriate, and in most cases, our Services will be provided by telephone or videoconferencing (collectively called “Telehealth”). You are responsible for the costs associated with setting up the technology needed so you can access telehealth services. We will be responsible for the cost of the call to you and the cost associated with the platform used to conduct telehealth services.
To access telehealth consultations you will need access to a quiet, private space and the appropriate device, i.e. smartphone, laptop, iPad, computer, with a camera, microphone and speakers; and a reliable internet connection.
To support the security of your personal information this practice uses Zoom which is compliant with confidentiality laws in Australia. You acknowledge that the privacy of any form of communication via the internet is potentially vulnerable and limited by the security of the technology used and we cannot guarantee your privacy or confidentiality when using this technology.
A telehealth consultation may be subject to limitations such as an unstable network connection which may affect the quality of a Session. Where necessary, we will consider and discuss with you the appropriateness of using telehealth services.
MEDICARE NOT AVAILABLE FOR OUR SERVICES
You acknowledge and agree in booking our Services and subsequently agreeing to use them that Medicare and Private Health Insurance does not cover our Services. Further, you understand that in using our Services you must pay for them in full from your own funds.
COLLECTION OF PERSONAL INFORMATION
As part of providing our Services to you, we will need to collect and record personal information from you that is relevant to your situation, such as your and/ or your child’s name, contact information, medical history and other relevant information as part of providing services to you.
A detailed description of how your personal information is managed, how you can access your personal information, and how to lodge any concerns or complaints about this service or how your personal information is managed is set out in our Privacy Policy or may be provided to you by your physiotherapist on request.
We will store progress notes and any personal information we collect securely using a password protected external hard drive.
INTELLECTUAL PROPERTY
As between the parties, all intellectual property rights (including copyright) developed, adapted, modified or created by us or our Personnel (including in connection with this Agreement or the provision of the Services) will at all times vest, or remain vested, in us.
LIMITATIONS
Despite anything to the contrary, to the maximum extent permitted by law:
you warrant that you have not relied upon any warranty, representation, statement, offer or documentation made or provided by or on behalf of us, whether before or after the Start Date;
you agree that this Agreement excludes all terms, conditions and warranties implied by statute, in fact or on any other basis, except to the extent such terms, conditions and warranties are fully expressed in this Agreement;
our maximum aggregate Liability arising from or in connection with this Agreement will be limited to, and will not exceed, the portion of the Fee paid by you to us for the Services the subject of the relevant claim;
we will have no Liability, and you release and discharge us from all Liability, arising from or in connection with any:
event or circumstance beyond our reasonable control;
acts or omissions of you or your Personnel;
any injury, loss or damage howsoever sustained by you or your child arising out of you or your child’s participation in a Session, any advice received in a Session or in any way whatsoever which does not arise from any negligent act or omission by us;
defect, error, omission or lack of suitability or benefit (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services; and/or
loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data; and
you will indemnify us for and against all Liability arising from or in connection with any wrongful act or omission by you.
IMPLIED TERMS AND CONSUMER GUARANTEES
Subject to the below, any condition or warranty which would otherwise be implied in this Agreement is excluded.
Our Liability for breach of a guarantee conferred by the Australian Consumer Law (other than those conferred by sections 51 to 53 of the Australian Consumer Law) is limited:
in the case of services, to any one of the following as determined by us:
the supplying of the services again; or
the payment of the cost of having the services supplied again.
CONFIDENTIALITY
Personal information gathered as part of this service will remain confidential except when:
it is subpoenaed by a court; or
failure to disclose the information would place you, your child or another person at serious risk to life, health or safety; or
your prior approval has been obtained to:
provide a written report to another professional or agency. e.g., a GP or a lawyer; or
discuss the material with another person, e.g. a parent, employer or health provider; or
disclose the information in another way; or
you would reasonably expect your personal information to be disclosed to another professional or agency (e.g. your GP) and disclosure of your personal information to that third party is for a purpose which is directly related to the primary purpose for which your personal information was collected; or
disclosure is otherwise required or authorised by law.
You acknowledge that we are based in Queensland, Australia. However have the ability to and may consult with clients around Australia. Each State and Territory in Australia is responsible for receiving reports of suspected child abuse and neglect. The Child Protection Legislation requires certain professionals, including doctors and registered nurses to make a report on child safety where children are in danger and they form a reasonable suspicion that:
a child has suffered, is suffering or is at an unacceptable risk of suffering significant harm caused by physical or sexual abuse, and may not have a parent able and willing to protect them; or a child is in need of protection caused by any other form of abuse or neglect.
This is called Mandatory Reporting.
Where we are required to share personal information or any other confidential client information, this will be done via email or Google Drive. You acknowledge that we shall not be liable if an email or other electronic message is intercepted or if our Google Drive is hacked and your personal information is stolen by a third party.
For the purposes of this Service Agreement, Child Protection Legislation means the following and any other related laws:
Children and Young People Act 2008 (ACT);
Children and Young Persons (Care and Protection) 1998 (NSW);
Care and Protection of Children Act 2007 (NT);
Child Protection Act 1999 (Qld);
Children and Young People (Safety) Act 2017 (SA);
Children, Young Persons and their families Act 1997 (Tas);
Children, Youth and Families Act 2005 (Vic); and
Children and Community Services Act 2004 (WA).
DISCLAIMER
You agree to proceed with our Services on the following basis:
while we provide child nursing and health services, we are not general practioners, doctors, allied health therapists or specialist doctors. Where required, we will refer you or your child onto a specialist or allied health professional for specific treatment; and
any recommendations or treatment recommended by us are based on the information you have provided to us. You acknowledge that it is your sole responsibility to follow our advice and to disclose all relevant information as withholding information may impact upon our advice to you. This includes any information with respect to allergies or pre-existing health conditions or background history.
TERMINATION
This Agreement will terminate upon written notice by:
either party, if mutually agreed in writing between the parties;
us, if you breach this Agreement and that breach has not been remedied within 5 working days of being notified by us; or
you, if we breach a material term of this Agreement and that breach has not been remedied or overcome within 15 working days of being notified by you.
On termination of this Agreement, you will:
where this Agreement is terminated under clauses 16(a)(1) or 16(a)(2), immediately pay to us the Fee and all of our additional costs resulting from the termination;
where this Agreement is terminated under clause 16(a)(3), immediately pay to us the Fee for the Services performed up to the date of termination (and all other amounts due and payable to us under this Agreement);
immediately return to us all property, including Confidential Information, belonging to us or our Personnel; and
not use any intellectual property rights (including copyright) belonging to us or our Personnel.
Termination of this Agreement will not affect any rights or liabilities which a party has accrued under it.
GENERAL
Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting with a senior representative of the other party to seek (in good faith) to resolve the Dispute (unless that party is seeking urgent interlocutory relief, or the Dispute relates to compliance with this clause).
Notices: Any notice given under this Agreement must be in writing to the other party. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Relationship of Parties: This Agreement is not intended to create a partnership, joint venture or agency relationship between the parties.
Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Entire agreement: This Agreement contains the entire understanding and agreement between the parties in respect of its subject matter.
Amendment: This Agreement may only be amended by written instrument executed by all parties.
Survival: Clauses 4(c), 8(c), 9(c), 12, 13, 14, 15, 16, 17(b) and 18(a) survive termination of this Agreement.
Governing law: This Agreement is governed by the laws of Queensland.
DECLARATION
I have read and understood the information in the Terms above, including the limitations to privacy and confidentiality regarding telehealth sessions, and agree to the above conditions for me/ my child to receive telehealth services to be provided by Town and Country – Child and Family Health.
Fee Schedule
[January 2022]
One Concern Wonder Package
$199 + GST
Initial consultation (45 minutes)
Follow up consultations (30 minutes) within 2 weeks
Sleep and Settling Package
$299 + GST
Initial sleep and settling consultation (60 mins)
Follow up consultation in 2 weeks (45 mins)
Optional Extra …$49+GST Have your child health nurse in your back pocket with 2 weeks of ongoing support via Voxer.
Thriving Through Motherhood Package
$399 + GST
Initial consultation (60 mins)
Week 2 follow up (30 mins)
Week 3 follow up (30 mins)
Optional Extra …$69+GST Have your child health nurse in your back pocket with on going support via Voxer during the 3 weeks.
Additional Follow Up Appointments
$75
Additional to any package
45 minute consultation
Post-natal Support Package
$ 899 + GST
Weekly post-natal consultations for 5 weeks
Initial Consultation (60 mins)
Weekly appointments for the following 4 weeks (30 mins)
Optional Extra …$99+GST Have your child health nurse in your back pocket with on going support via Voxer during this time
Little Learnings Library…A Toolbox for Rural Families
Monthly Membership $49 + GST/month (minimum of 3 months subscription)