Supportly — Terms & Conditions
Supportly
Terms & Conditions — NDIS Practice Management Software
Month-to-Month Plan

Terms & Conditions

This agreement governs your use of Supportly software on a rolling monthly basis. Read each section carefully before signing.

This agreement begins on its execution date and continues month-to-month until terminated by either party in accordance with the clauses below.

Term

This agreement begins on the date of its execution and ends on the date stipulated by the reference schedule. It continues for that term unless earlier terminated.

Termination on notice

Either party may terminate this agreement by written notice to the other if the other party commits a breach and fails to remedy it within 14 days of receiving a notice specifying:

1
The exact nature of the breach committed by the defaulting party.
2
What the defaulting party is required to do to remedy the breach.
Immediate termination

Supportly (the Licensor) may immediately terminate this agreement by written notice upon any of the following events:

1
Any application to wind up the Licensee under bankruptcy or insolvency law.
2
Appointment of a receiver, agent, or manager for all or substantially all of the Licensee's property.
3
Any assignment, arrangement, or composition by the Licensee for the benefit of its creditors.
4
Any proceedings by the Licensee for liquidation or winding up of its business.
5
Failure to pay the licence fee within seven business days of its due date.
6
Without the need for Licensee default — upon giving 14 days prior written notice.
Upon termination
1
The Licensee must deliver to Supportly all documents and materials including copies in its possession relating to the Software, and take any further steps reasonably required to protect Supportly's rights in the Software.
2
Any licence fee previously paid remains the property of Supportly and will not be refunded.
3
Any licence fee due but unpaid at the date of termination must be paid to Supportly.
Onboarding fee, waiver, and refund policy
1
If a Client enrolls under a fixed-term agreement — at standard rates or under a promotional offer — and the onboarding fee is fully or partially waived, that waiver is granted as a conditional benefit.
2
If the Client cancels this agreement, or if it is terminated for cause, prior to completion of the agreed contract term, the full standard onboarding fee becomes immediately due and payable as part of the Early Termination charges — regardless of any promotional pricing applied at signup.
Other terms and conditions
1
This Agreement can be modified in writing signed by both parties, or by Supportly publishing a new version at the Software's website or within the Software itself.
2
This Agreement does not create or imply any relationship of agency or partnership between Supportly and the Licensee.
3
This Agreement contains the entire agreement between the parties. Only the written terms of this Agreement bind the parties.
4
This Agreement and its terms bind Supportly's successors and assignees.
5
Supportly is not responsible for any claims or losses arising from loss of login details by the Licensee or its agents or employees.
6
Supportly will take all reasonable precautions against data loss. However, Supportly bears no liability where it is prevented from performing obligations due to Force Majeure — including earthquake, typhoon, flood, fire, war, hacking, or online attacks — where appropriate mitigation action was taken.
7
Technology, other software, equipment, and maintenance required to use the Software is the sole responsibility of the Licensee.
8
The Licensee must ensure its computers and equipment are protected with antivirus or firewall software at its own cost.
9
Payment of usage fees must be made within 14 days of the start of each month. Non-payment past this date entitles Supportly to place a block on software access. No action at law or equity may be brought against Supportly for losses from such a block.
10
Any data — including visual, audio, photographs, medical information, and personal or sensitive information — is deemed consented to by the Licensee's employees and clients for use and storage in Supportly. The Licensee must maintain systems to procure such consents and indemnifies Supportly from any third-party actions in this regard.
11
Supportly may share Participant and Worker data with third-party providers such as Twilio, APITemplate, and AWS as needed to deliver, support, or improve services — subject to appropriate data protection obligations.
12
Supportly will not sell or share data belonging to Licensees, their participants, or their employees to third parties other than its supporting partners — Vertex Compliance and Consulting Pty Ltd and AHR Legal Pty Ltd T/as Ammanah Legal — for the purpose of providing accounting and legal advice.
13
Supporting partners are bound by the same data-sharing restrictions. The Licensee may opt out of complimentary accounting or legal advice support in writing, in which case data will not be shared with those partners.
14
Supportly is a tool to assist with compliance with NDIS practice standards. It does not guarantee compliance in any form. The Licensee must use appropriate resources to ensure compliance with the NDIS Act, standards, rules, and regulations.
15
The Licensee is solely responsible for using the Software accurately and properly, and for obtaining clarification or training as required. The Licensee indemnifies Supportly from any consequential or other damages in this regard.
16
Supportly will make available data pertaining to the Licensee upon written request within 30 days of that request and payment of a reasonable retrieval cost, in a format deemed suitable by Supportly.
12-Month Fixed-Term Plan

Terms & Conditions

This agreement governs your use of Supportly software under a fixed 12-month term. Early exit fees and data migration policies apply — review all sections carefully.

Initial term
12 months from execution date
Renewal
Auto-renews; 30 days written notice to cancel
Term

This agreement commences on the date of execution and continues for a fixed Initial Term of twelve (12) months. Upon expiry it automatically renews for successive 12-month Renewal Terms unless either party provides written notice of non-renewal at least 30 days prior to the end of the then-current term.

Data migration cancellation clause
1
Customers on any active promotion, or on a 1-year contract without promotional offers, are eligible for free data migration.
2
If you terminate your contract or promotion early, a data migration fee of $3 per file applies as an early termination penalty.
3
This fee is charged when opting to exit a promotion or contract before the agreed term ends.
Early exit fees
1
Non-refundable onboarding fees. All onboarding fees paid by the Client are strictly non-refundable, regardless of duration of engagement, usage, or reason for termination.
2
Clients initially exempt from onboarding fees. If the Client was granted an exemption, waiver, discount, or deferment of onboarding fees at commencement, that exemption applies only while the Client completes the agreed minimum service term.
3
Early Termination Fee. If the Client terminates the agreement prior to completion of the minimum term, the Early Termination Fee includes the full onboarding fee at the standard rate — regardless of whether the Client originally paid the onboarding fee.
4
Payment upon early exit. All Early Termination Fees become immediately due and payable upon the Client's Early Exit.
Discount & early termination clause
1
Promotional discounts and minimum term. If you receive any promotional discount, reduced rate, or waived fee (Promotion), you agree to a fixed minimum term commencing on the Service Start Date.
2
Early cancellation. If you cancel before the end of the agreed term, an Early Termination Fee (ETF) applies. This fee equals the value of any discounts or waived charges under the Promotion, plus a reasonable estimate of loss for the remaining term.
3
Nature of the fee. The ETF is a genuine pre-estimate of loss and is enforceable under Australian contract law. It is not a penalty. Your rights under the Australian Consumer Law remain unaffected.
4
Your obligation to pay the ETF survives termination and remains payable upon demand.
Termination on notice

Either party may terminate this agreement by written notice if the other party commits a breach and fails to remedy it within 14 days of receiving a notice specifying:

1
The exact nature of the breach committed by the defaulting party.
2
What the defaulting party is required to do to remedy the breach.
Immediate termination & exit fee calculation

If the Licensee terminates prior to completion of the Initial or Renewal Term, an exit fee equal to 50% of the total remaining licence fees for the balance of the then-current term applies:

Remaining months × Monthly licence fee × 50%
1
The Licensee must deliver all documents and materials relating to the Software to Supportly and take further steps to protect Supportly's rights.
2
Any licence fee previously paid remains the property of Supportly and will not be refunded.
3
Any licence fee due but unpaid at the date of termination must be paid to Supportly.
Onboarding fee, waiver, and refund policy
1
If a Client enrolls under a fixed-term agreement — at standard rates or under a promotional offer — and the onboarding fee is fully or partially waived, that waiver is a conditional benefit.
2
If the Client cancels or if the agreement is terminated for cause before completion of the agreed term, the full standard onboarding fee becomes immediately due as part of Early Termination charges — regardless of any promotional pricing at signup.
Other terms and conditions
1
This Agreement can be modified by written agreement of both parties, or by Supportly publishing a new version at the Software's website or within the Software.
2
This Agreement does not create or imply any relationship of agency or partnership between Supportly and the Licensee.
3
This Agreement contains the entire agreement between the parties. Only the written terms of this Agreement bind the parties.
4
This Agreement and its terms bind Supportly's successors and assignees.
5
Supportly is not responsible for claims or losses arising from loss of login details by the Licensee or its agents or employees.
6
Supportly will take all reasonable precautions against data loss but bears no liability where prevented from performing obligations due to Force Majeure — including earthquake, typhoon, flood, fire, war, hacking, or online attacks — where appropriate mitigation was taken.
7
Technology, other software, equipment, and maintenance required to use the Software is the sole responsibility of the Licensee.
8
The Licensee must ensure its computers and equipment are protected with antivirus or firewall software at its own cost.
9
Payment of usage fees must be made within 14 days of the start of each month. Non-payment past this date entitles Supportly to block software access. No action at law or equity may be brought against Supportly for losses from such a block.
10
Any data — including visual, audio, photographs, medical information, and personal or sensitive information — is deemed consented to by the Licensee's employees and clients for use and storage in Supportly. The Licensee must maintain systems to procure such consents and indemnifies Supportly from any third-party actions in this regard.
11
Supportly may share Participant and Worker data with third-party providers such as Twilio, APITemplate, and AWS as needed to deliver, support, or improve services — subject to appropriate data protection obligations.
12
Supportly will not sell or share data belonging to Licensees, their participants, or their employees to third parties other than its supporting partners — Vertex Compliance and Consulting Pty Ltd and AHR Legal Pty Ltd T/as Ammanah Legal — for the purpose of providing accounting and legal advice.
13
Supporting partners are bound by the same data-sharing restrictions. The Licensee may opt out of complimentary accounting or legal advice support in writing, in which case data will not be shared with those partners.
14
Supportly is a tool to assist with NDIS practice standard compliance. It does not guarantee compliance in any form. The Licensee must use appropriate resources to ensure compliance with the NDIS Act, standards, rules, and regulations.
15
The Licensee is solely responsible for using the Software accurately and properly, and for obtaining clarification or training as required. The Licensee indemnifies Supportly from any consequential or other damages in this regard.
16
Supportly will make available data pertaining to the Licensee upon written request within 30 days and payment of a reasonable retrieval cost, in a format deemed suitable by Supportly.
Legal services (Platinum members)

Legal support is provided by AHR Legal Pty Ltd (Ammanah Legal), NDIS Specialist Lawyers and supporting partners of Supportly.

1
Support is provided by answering common queries related to NDIS provider legal obligations and rights, plus a complimentary NDIS standard employment agreement. Availability is at the sole discretion of Ammanah Legal, who reserves the right not to provide any such advice.
2
Matters deemed unsuitable for complimentary advice are chargeable at Ammanah Legal's sole discretion. The Licensee will be advised of costs before they are incurred.
3
The Licensee holds Supportly harmless at law and equity for any advice provided by Ammanah Legal.
4
The Licensee indemnifies Ammanah Legal from any actions, suits, or complaints relating to complimentary advice provided, and may seek independent legal advice for its queries.
NDIS consulting

NDIS consulting is provided by Vertex Compliance and Consulting Pty Ltd, NDIS registration and compliance specialists and supporting partners of Supportly.

1
Support is delivered as a standard internal desktop audit once a year. Availability is at the sole discretion of Vertex Consultants, who reserves the right not to provide any such service.
2
Matters deemed unsuitable for complimentary benefit are chargeable at Vertex Consultants' sole discretion. The Licensee will be advised of costs before they are incurred.
3
The Licensee holds Supportly harmless at law and equity for any advice provided by Vertex Consultants.
4
The Licensee indemnifies Vertex Consultants from any actions, suits, or complaints relating to complimentary advice provided, and may seek independent legal or financial advice for its queries.
Supportly is a product developed by Vertex360, the team behind the platform’s ongoing development, support, and innovation.
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