Background to your client agreement and important information
Our services as your nominee will include:
- Informing Centrelink of your current assets and income for either your claim or reassessment.
- Providing updates of your asset and income on review.
- When requested by Centrelink to provide additional information, liaising with you on these matters.
- Explaining any Centrelink outcomes and seeking clarity from Centrelink on your behalf.
Be assured your privacy and security with any of your personal details will be respected at all times.
PensionHelp will provide you with the relevant confirmation of your assets, income, and assessment from Centrelink. Any information provided to you is a direct relay of information. PensionHelp does not give advice or a review of the calculation, rather assistance to manage and correct your details.
PensionHelp will make every effort to accurately and efficiently update your records. However, there are occasions where Centrelink incorrectly assess, record and report your information. The benefit of the PensionHelp service is that we aim to minimise and assist in resolving these.
If incomplete information is provided to us, we may not be able to fulfill our service for you or protect you against loss.
Should you have any questions or require clarity on any aspect of our service, please do not hesitate to contact us on 1300 SENIOR (1300 736 467) or firstname.lastname@example.org
We look forward to working with you.
PensionHelp has skills and experience in providing online services in dealings with Services Australia and Centrelink.
The Client wishes to receive the online Services.
PensionHelp is willing to provide the Services and the Client are willing to appoint PensionHelp to provide the Services, in accordance with this Agreement.
In this Agreement:
Services means the online services to be provided by PensionHelp under this Agreement which constitutes some or all of the following:
- Centrelink Claim Services, namely informing Centrelink of the Client’s current assets and income with respect to:
- An Age Pension Claim – a new Centrelink Claim to the Age Pension
- A Commonwealth Seniors Health Card (CSHC) – a new Centrelink Claim to the CSHC
- Reassess Service
- A review of the Client’s current circumstances held by Centrelink and current Centrelink Claim and payment or benefit.
Further to the above, the Services will include all or some of the following :
- Performing the role of the Client’s Centrelink Correspondence Nominee.
- Communicating with and obtaining the Client’s personal information and circumstances for Centrelink purposes including assets and income.
- Submitting Centrelink Claims appropriate to the Client’s circumstances
- Responding to notices on behalf of the Client.
- Producing an asset and income schedule on review.
- Reviewing asset and income statement with the Client.
- Communicating with approved Authorised Professionals for Centrelink purposes including assets and income information.
Authorised Professional includes a professional in the nature of the following: financial adviser, accountant or solicitor or other agent of a professional nature.
Claims means all demands, claims, proceedings, penalties, fines and liability (whether in contract, tort or otherwise).
Centrelink Claim is the benefit from Centrelink that, given the eligible circumstances, a client is able to apply for.
Correspondence Nominee is the election of PensionHelp to engage with Centrelink on the client’s behalf.
Commencement Date is the date the Client makes an initial payment being the date on which PensionHelp is to start performing the Services.
Completion Date is the date 12 months from the Commencement Date (or such other date as the Parties may agree) .
Confidential Information includes any personal information of the Client.
Fees means the rates detailed on PensionHelp’s Pricing page
GST Law means the same as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Losses means all losses including financial losses, damages, legal costs and other expenses.
Parties means PensionHelp and the Client, and Party mean eithers one of them.
PensionHelp (and the use of “us”, “our” or “we”) refers to SRG Applied Services Pty Ltd ABN 63 653 358 279 trading as PensionHelp.
Professional Advice includes professional advice in the nature of the following: financial, accounting, legal, taxation and social security benefits.
Termination Date means the earlier of:
- the date of termination of this Agreement by the Client or PensionHelp; and
- the Completion Date.
PensionHelp will provide the Service to the Client, subject to this Agreement, for the period from the Commencement Date to the Completion Date. The Service will be performed by the employees, contractors, consultants or agents that PensionHelp may choose as appropriate to carry out the Service.
3.1 Payment of Fees
In consideration of the provision of the Service, the Client will pay the Fees to PensionHelp.
The Client acknowledges that the Fees are inclusive of GST, (except where otherwise expressly stated)
3.2 Invoicing and direct debit
PensionHelp will provide a tax invoice in accordance with the GST Law in relation to the Fees.
Unless otherwise agreed by the Parties, payment of the Fees will be made by the Client to PensionHelp by way of one of the various payment portals provided.
3.3 Failure to pay
If the Client does not make a payment by the date stated on an invoice or as otherwise provided for in the Agreement, PensionHelp is entitled to do any or all of the following:
- require the Client to pay, in advance, for any Service (or any part of the Service) which have not yet been performed; and
- not perform any further Service (or any part of the Service).
4. Client obligations
During the performance of the Service the Client will:
- comply with all PensionHelp systems and procedures with respect to its appointment as the Client’s Correspondence Nominee with Centrelink and with respect to the provision of personal information, financial information and documentation;
- provide to PensionHelp all additional Client personal information, financial information and documentation in accordance with PensionHelp systems and procedures (and otherwise as PensionHelp reasonably requires);
- provide to PensionHelp such authorisation and information as necessary to enable PensionHelp to correspond and communicate with Centrelink, including online communications through the Centrelink portal, and
- co-operate with PensionHelp and provide assistance to PensionHelp, as PensionHelp reasonably requires.
If the Client does not comply with this clause 4 in a manner that PensionHelp reasonably requires (and within the Centrelink required time period) to perform the Service, then any additional costs and expenses which are reasonably incurred by PensionHelp will be paid by the Client. Any Centrelink penalties may be applied and are payable by the Client. PensionHelp will communicate such timeframes to the Client where they are known by PensionHelp.
5. Confidentiality & Privacy
PensionHelp will keep the Client’s Confidential Information confidential and not deal with it in any way that might prejudice its confidentiality. PensionHelp will use the Client’s Confidential Information in performing the Service and for no other purpose. PensionHelp’s obligations in relation to the Confidential Information will continue for as long as the Confidential Information is maintained on a confidential basis by the PensionHelp.
The Confidential Information does not include information which:
- is generally available in the public domain otherwise than as a result of a breach of this clause by PensionHelp; or
- was known by PensionHelp prior to the Client disclosing the information to PensionHelp.
The obligations accepted by PensionHelp under this clause 5 survive termination or expiry of this Agreement.
6. Warranties, liability and indemnities
PensionHelp warrants that it will use reasonable care and skill in performing the Service.
PensionHelp will communicate to Centrelink and the client in the required Centrelink timeframes provided the Client obligations in clause 4 are met.
If PensionHelp performs the Service (or any part of the Service) negligently or in breach of this Agreement or fails to perform its obligations accurately and completely, then, if requested by the Client and, PensionHelp will re-perform the relevant part of the Service. The Client’s request to re-perform the services must be made within 1 month of the Client becoming aware of the alleged negligence or breach via Centrelink correspondence or other supporting material. Any requirement to re-perform any part of the Service ceases on termination of this Agreement.
PensionHelp provides no warranty that any result or objective can or will be achieved or attained at all or by any date, whether stated in this Agreement or elsewhere.
6.2 No advice
The Client agrees and acknowledge that:
- PensionHelp is not any of the following: a financial adviser, tax Authorised Professional, law firm or Authorised Professional with respect Services Australia, and
- the Service do not constitute and should not be taken as constituting Professional Advice from PensionHelp to the Client or any Authorised Professional we may deal with on the Clients behalf.
Without limiting the above, PensionHelp will not provide to the Client or to the Authorised Professional any advice with respect to Centrelink benefit entitlements, benefit eligibility or the quantum of benefits (including benefit estimations).
On matters requiring Professional Advice, the Client will need to consult an Authorised Professional (and the Client’s other financial, tax, legal and accounting advisors). PensionHelp will use its best endeavours to ensure that wherever a circumstance arises requiring Professional Advice, PensionHelp will refer the matter to an Authorised Professional for instructions. In such situations, an Authorised Professional will take responsibility for all Professional Advice.
6.3 Limitation on liability
The liability of PensionHelp under or in connection with this Agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the Fees paid by the Client to PensionHelp under this Agreement.
A Party is not liable to another Party in contract, tort, negligence, breach of statutory duty or otherwise for any Lossincurred or suffered by another Party of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
The Client, except in circumstances when PensionHelp has failed to perform and has been negligent in performing, must indemnify and hold PensionHelp harmless from and against all Claims and Losses arising from loss, damage, liability, injury to PensionHelp, its employees and third parties, by reason of or arising out of any incomplete or inaccurate information supplied to PensionHelpby the Client within the scope of this Agreement.
6.5 No reliance
Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement. Any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
6.6 Survival of obligations
The obligations accepted by PensionHelp and the Client under this clause 6 survive termination or expiry of this Agreement.
7.1 Termination on notice
A Party may, prior to the Completion Date, terminate this Agreement on giving of at least 1 month’s written notice by the Party to the other Parties of the intention to terminate this Agreement.
7.2 Payment of fees
Upon termination of this Agreement any fees, expenses or reimbursements payable by the Client to PensionHelp in respect of any period prior to the Termination Date must be paid by the client within 7 days after the Termination Date.
None of the parties may assign, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other parties.
8.2 Entire agreement and amendment
This Agreement contains the whole agreement between the Parties in respect of the subject matter of the agreement. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement.
This Agreement may only be amended in writing signed by the Parties.
No failure or delay by PensionHelp in exercising any right, power or privilege under this Agreement will impair the same or operate as a waiver of the same nor may any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege.
8.4 Agency, partnership
This Agreement will not constitute or imply any partnership, joint venture, agency or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.
Each party has the right to reply to information provided to each party in course of performing the services expressly represented in this Agreement.
8.5 Further assurance
Each Party to this Agreement must, at the request and expense of the other, do all things reasonably necessary to carry out the provisions of this Agreement or to make it easier to enforce.
If any provision of this Agreement is prohibited by law or judged to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective without modifying the remaining provisions of this Agreement.
A notice or other communication connected with this Agreement has no legal effect unless it is in writing. In addition to any other method of service provided by law, the notice may be sent by pre-paid post to the address of the addressee as provided; or sent by email to the email of the addressee as provided. PensionHelp can be contacted as per their contact details on their website www.PensionHelp.com.au
In this Agreement unless the context otherwise requires:
- words importing any gender include every gender;
- words importing the singular number include the plural number and vice versa;
- words importing persons include firms, companies and corporations and vice versa;
- the headings to the clauses of this Agreement are not to affect the interpretation; and
- the word “including” (and related forms including “includes”) means “including without limitation”.
8.9 Law and jurisdiction
This Agreement takes effect, is governed by, and will be construed in accordance with the laws from time to time in force in New South Wales, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of New South Wales.