SCHEDULE F: BASELINE, MEASUREMENT AND GUARANTEE
This Schedule forms part of the Rev-Raise Master Client Terms. Defined terms have the meaning given in clause 1 of those Terms.
This Schedule applies to every Engagement for the baseline and measurement provisions in Parts 1 and 2. Part 3 applies only where your Service Agreement expressly states that a guarantee is given.
PART 1: THE BASELINE
1. WHY THERE IS A BASELINE
1.1 Movement is measured, not claimed. Before anything starts, we agree where you are now. Everything after that is measured against it.
1.2 The baseline protects both of us. It stops us claiming credit we did not earn, and it stops a good month being mistaken for a result.
2. HOW THE BASELINE IS SET
2.1 The baseline is taken from your own reporting, not ours.
2.2 We agree, in writing, before delivery starts:
(a) which metrics are baselined; (b) the period the baseline covers, normally the 6 months immediately before delivery starts, or your full trading history if shorter; (c) the source report or system each metric comes from; and (d) the definition of each metric, in words, so that it is measured the same way every month afterwards.
2.3 Your Authorised Representative signs the baseline off. Delivery does not start until they do.
2.4 Where a Site has no usable history, we baseline it against the network average for the same period, and we say so in the baseline document.
3. WHICH METRICS
3.1 Metrics are chosen from what your business already measures. Typically:
(a) close ratio, however you count it; (b) attachment or add-on rate; (c) term or contract length mix; (d) premium or tier mix; (e) average contracted value per sale; and (f) speed to first response and follow-up completion.
3.2 Volume is held flat. We do not claim credit for more traffic. Where volume changes materially, the comparison is normalised and we show the working.
3.3 Price rises are excluded. If you raise your prices, that is your result, not ours.
3.4 The normalisation formula. Unless your Baseline Sign-Off records a different formula, the revenue effect of a movement in a value metric is calculated as: baseline average monthly sales volume, multiplied by the difference between the current and baseline average contracted value per sale, with any change in list price or standard discount since the baseline removed from the current figure before the comparison. Rate metrics (close ratio, attachment rate, mix) are compared as percentages on the baseline volume. The formula used is recorded in the Baseline Sign-Off before delivery starts and is shown in every monthly report.
3.5 Minimum sample. A metric is not reported as a result for a period in which fewer than 30 sales conversations, or fewer than 10 sales, occurred at the Site, unless the Baseline Sign-Off sets a different minimum. Periods below the minimum are combined with adjacent periods.
3.6 Comparison locations. Where results are compared with locations that did not take part, they are described as comparison locations. They are not controls in the experimental sense unless the Baseline Sign-Off records how they were selected and that they were treated identically apart from the Engagement.
PART 2: MEASUREMENT
4. HOW IT IS MEASURED
4.1 Measurement is monthly, per Site, against the signed baseline.
4.2 You provide the reporting data. It comes from your systems, in the same form each month.
4.3 We produce a written report showing each baselined metric, the baseline figure, the current figure and the movement.
4.4 Where a metric moves the wrong way, the report says so. A report that only shows the good numbers is not a measurement, it is marketing.
5. IF REPORTING STOPS
5.1 If reporting data is not provided for two consecutive months, measurement is suspended until it resumes, and Part 3 is suspended with it.
5.2 We will ask twice in writing before suspending.
6. USING THE RESULT
6.1 Clause 12 of the Master Terms governs publication.
6.2 In summary: de-identified results may be published. Naming you needs your separate written consent. Your pricing, your customer data and your Client Playbook are never published.
PART 2A: THE THREE TIERS OF MEASUREMENT
Three different things get measured and they have three different legal characters. Confusing them is how a delivery commitment turns into a revenue guarantee by accident.
| Tier | Who controls it | What it is | Remedy if missed |
|---|---|---|---|
| 1. Delivery standards | Us | Warranted obligations. Sessions run on schedule, materials current, Facilitators calibrated, reports issued, new hires onboarded on time | Service credits under Schedule H clause 3 |
| 2. Adoption standards | You | Conditions, not obligations. Training completion, Facilitator appointed and calibrated, manager audits done, reporting supplied, methodology adherence | Non-performance suspends our Tier 1 warranties for the affected service and suspends any Part 3 claim |
| 3. Commercial metrics | Neither, fully | Measured and reported. Not warranted | None. They are information |
2A.1 Tier 1: what we warrant
We warrant the delivery standards in Schedule H clause 2. They are things we control absolutely, and if we miss them you get a credit without having to prove loss.
2A.2 Tier 2: what you must do for the measurement to mean anything
Adoption standards are conditions on our obligations, not promises by you that we can sue on. If they are not met we do not claim damages. We record it, the affected service level is suspended, and any guarantee under Part 3 is suspended with it.
Typical adoption standards, set in your Proposal:
- percentage of required people who completed training
- a Facilitator accredited and calibrated at each Site
- manager audits completed each period
- reporting data supplied each period
- methodology adherence at or above the agreed threshold
2A.3 Tier 3: commercial metrics, and what they are not
2A.3.1 We measure and report commercial metrics including lead-to-appointment conversion, show rate, sales conversion, follow-up completion and average contracted value.
2A.3.2 These are reported for information. Unless Part 3 expressly applies:
They are not a representation, a warranty, a guarantee, a condition or a promise of any outcome. No commercial metric in any report, proposal or presentation is a commitment that any result will be achieved.
2A.3.3 Nothing in this clause limits any right you have under the Australian Consumer Law, including the guarantees in sections 60, 61 and 62, which cannot be excluded.
2A.3.4 We take that limit seriously rather than drafting around it. Section 61(2) creates a guarantee that services will be of a nature and quality that might reasonably be expected to achieve a result the customer made known. So we do not tell you your conversion will reach a number, and if anyone from Rev-Raise ever does, tell us, because they should not have. What we commit to is delivering the method as documented. Clause 12.
PART 2B: THE ADOPTION SCORE
2B.1 What it is
A composite score per Site, from 0 to 100, measuring whether the standard is actually being run. It is not a measure of your commercial results.
| Component | Weight | Measured from |
|---|---|---|
| Training completion | 20% | Required people who completed, over required people |
| Facilitator status | 20% | Accredited, calibrated within the required period, delivery minimum met |
| Delivery cadence | 15% | Sessions delivered against the agreed calendar |
| Manager audit | 15% | Audits completed and returned |
| Call and consultation quality | 30% | Reviewed conversations scored against the documented standard |
2B.2 How it is kept honest
Because a score that we alone calculate and that triggers consequences is exactly the kind of term the unfair contract terms regime is aimed at, three things apply:
(a) The method is published. The components, weights and thresholds are in the table above and in your Proposal. It is not a black box and we will not change it mid-term without notice under clause 24 of the Master Terms.
(b) You can dispute a score. Tell us in writing within 20 Business Days. We will show the working, and if we cannot substantiate a component we remove it and re-score.
(c) It is built on your data wherever possible: your training records, your reporting, your audit returns. Only the call and consultation quality component is our assessment. It is scored against the call quality rubric in clause 2B.4, not against the Facilitator delivery standard in Schedule I.
2B.3 What it is used for
- Reporting, so both of us can see where the standard is and is not holding
- Identifying which Sites need attention
- Determining whether a Part 3 claim is available, under clause 9
It is not used to set fees, and it does not by itself give either party a right to terminate.
2B.4 The call quality rubric
Reviewed conversations are scored against the documented standard for the parts of the sale that the Engagement installs. Unless your Service Agreement sets a different rubric, each reviewed conversation is scored on five equally weighted elements: opening and framing as documented; discovery questions asked in the documented order; the offer presented with the documented mechanics; objections handled with the documented responses; and the close or next step requested as documented. Each element scores 0, 1 or 2. The Site score is the average across reviewed conversations, expressed as a percentage. We review at least 4 conversations per Site per period, chosen at random from those recorded with consent, and we show you the scored sheets on request.
PART 3: THE GUARANTEE
This Part applies only where your Service Agreement expressly states that a guarantee is given, and it states the figure and the metrics. A guarantee not documented under this Part is not a guarantee.
7. WHAT THE GUARANTEE IS
7.1 Your Service Agreement states:
(a) the guaranteed outcome, expressed as a multiple of fees paid or as a movement in a named metric; (b) the metrics it is measured on, which must be baselined metrics under Part 1; (c) the measurement period, which is a full 12 consecutive months unless stated otherwise; and (d) the remedy, being an exit right, a refund, an extension of service at no charge, or a combination.
7.2 If any of (a) to (d) is not stated, there is no guarantee.
8. HOW A CLAIM IS MADE
8.1 A claim is made in writing to [email protected] within 60 days of the end of the measurement period.
8.2 The claim must identify the metrics and the shortfall, with the reporting data it relies on.
8.3 We will respond in writing within 20 Business Days, either accepting the claim or setting out why we do not.
8.4 If we disagree, clause 22.7 of the Master Terms applies: negotiation, then mediation.
9. WHAT DISQUALIFIES A CLAIM
A guarantee is a commitment that the method works when it is run. It is not a commitment that it works when it is not.
A claim is not available where, during the measurement period:
(a) the method was not run as documented, including where the sequence was materially changed without our written agreement;
(b) a Facilitator was not appointed, or was not replaced within 60 days of the previous one leaving, where the Engagement requires one;
(c) the reporting data required under Part 2 was not provided for two or more months;
(d) required attendance did not occur, meaning that fewer than 80% of the people your Service Agreement requires to be trained completed the training;
(e) managers did not hold the standard, meaning the audit or check-in process in your Service Agreement was not completed for two or more consecutive periods;
(f) the business changed materially in a way that affected the metric claimed, including a change of ownership, a rebrand, a material change to pricing, product or target market, a Site closure, or a reduction of more than 30% in enquiry volume from causes outside the sales process. A change that did not affect the metric in question does not disqualify a claim on that metric;
(g) fees were outstanding for more than 30 days at any point; or
(h) the Engagement was terminated by you before the end of the measurement period.
10. FAIRNESS BOTH WAYS
10.1 We will not rely on clause 9 for a technicality. Where a disqualifying event is minor, temporary and did not materially affect the result, we will not use it to defeat an otherwise good claim.
10.2 Where a disqualifying event affects some Sites and not others, or some periods and not others, the claim is assessed per Site and per period, and the unaffected Sites and periods are still eligible.
10.3 If we are the reason something did not happen, it does not disqualify your claim.
11. THE REMEDY
11.1 The remedy is the one stated in your Service Agreement, and it is the sole remedy for a failure to meet the guaranteed outcome.
11.2 Clause 11.1 does not limit any right you have under the Australian Consumer Law, or any claim for a breach of the Master Terms.
11.3 Where the remedy is an exit right, you may terminate on the notice period stated, which will not be longer than 30 days, and no cancellation fee or notice-period fee applies.
11.4 Where the remedy is a refund, it is paid within 30 days of the claim being accepted.
11.5 On exit under this clause, off-boarding proceeds under Schedule B clause 12 and Schedule D clause 5 applies as normal.
12. OUR DELIVERY COMMITMENT
12.1 Independently of any guarantee, we commit that the method will be delivered as documented.
12.2 If it is not, that is our failure. Tell us in writing, and we will redeliver the affected part at no charge, or refund the fee for it.
12.3 This commitment applies to every Engagement, whether or not Part 3 applies.
13. CONTACT
Rev-Raise Group Pty Ltd ABN 45 691 400 594 Brisbane, QLD, Australia [email protected]
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