SCHEDULE A: SUBSCRIPTION TERMS
This Schedule forms part of the Master Client Terms, and the priority rule in the Master Client Terms applies. Words defined in clause 1 of the Master Client Terms have the same meaning here.
When this Schedule applies. This Schedule applies only where your Service Agreement records a subscription on the Systems Line. It governs the ongoing operation of Systems after they are built. It does not govern a Method Licence, which has its own fee and exit rules, and it does not apply to New-Hire Installation.
If you also hold a Method Licence. A Site that holds a Method Licence may separately buy a subscription. Where it does, this Schedule governs the subscription and Schedule E governs the Licence. Neither displaces the other, each can be bought and ended on its own, and ending one does not end the other unless your Service Agreement expressly says so (Master clause 20.5).
1. WHAT THE SUBSCRIPTION IS
1.1 Your subscription provides the continued operation of the Systems we build or take over for you: operation of and access to the Systems through the third-party platforms they run on, monitoring, maintenance of the configurations, workflows and integrations we manage for you, reasonable adjustments to them where a change made by a third-party platform requires it (Master clause 14.2), reporting, and the service level of your subscribed tier. We do not control or supply updates to third-party platforms (Master clause 14.1).
1.2 Your tier, its inclusions and its service level are recorded in your Service Agreement.
1.3 Your subscription is a Subscription Contract. It is billed monthly and continues month to month until it is cancelled under clause 10. The subscription fee is charged automatically, monthly in advance, on each billing date. Metered usage is paid as clause 6 sets out: from your prepaid usage wallet where one applies, and otherwise billed after it is incurred. The standard notice period to cancel is 30 days. A longer notice period applies only where it is recorded under clause 10.3 in exchange for a stated benefit.
1.4 Before you accept. Before you are bound to a subscription, however you accept it, we show you: that it is a subscription contract that renews automatically; the fee and how often it is charged; any metered usage and how it is charged; the notice period and how to cancel, including online; and any longer notice period and early-release amount under clause 10.
2. RESPONSE SERVICE LEVELS
2.1 Business Hours means 8am to 5pm Brisbane time on Business Days.
2.2 Unless your Service Agreement states different times, we acknowledge support requests within these times:
| Priority | What it means | Acknowledged within |
|---|---|---|
| Critical | A live System is down or not sending, and revenue is stopping. | 8 Business Hours |
| High | A workflow, automation or integration is broken but the System is running. | 1 Business Day |
| Standard | Everything else, including changes and questions. | 3 Business Days |
2.3 Acknowledgement means we have the issue and have started on it. It is not a resolution time. Resolution depends on the cause, and where the cause is a third-party platform, clause 14 of the Master Client Terms applies.
2.4 Until a Critical issue is resolved we update you at least every 8 Business Hours; for a High issue, every Business Day; for a Standard issue, when the work is scheduled and when it is done. Where a Critical issue in a System we configured is not resolved within 2 Business Days, we tell you in writing the cause, the workaround and when we expect resolution.
2.5 Where your Service Agreement does not state a tier service level, the times in clause 2.2 apply.
3. AVAILABILITY
3.1 Your Systems run on third-party platforms whose availability we do not control, so we do not promise an uptime figure (Master clause 14).
3.2 What we do commit to:
(a) Monitoring. We monitor your Systems for outages and failed sends.
(b) Notification. Where we become aware of an outage affecting your Systems, we tell you within 8 Business Hours what we know and what we are doing.
(c) Escalation. Where the cause is a third-party platform, we escalate with that provider and update you at least daily until it is resolved.
(d) Restoration. Where the cause is something we configured or operate, we treat it as Critical under clause 2.2 and fix it.
4. SERVICE CREDITS
4.1 If we miss a service level, you get a credit without having to prove loss. Where we miss a service level listed in the table below, and the miss is not caused by a matter in clause 4.4, you are entitled to the credit shown against it on the next invoice:
| Missed | Credit |
|---|---|
| Critical acknowledgement | 10% of the monthly subscription fee |
| High acknowledgement | 5% of the monthly subscription fee |
| Standard acknowledgement | 2% of the monthly subscription fee |
| Outage notification within 8 Business Hours | 5% of the monthly subscription fee |
| A System we configured unavailable or not sending for more than 8 consecutive Business Hours | 10% of the monthly subscription fee, per occurrence |
4.2 Credits in any month are capped at 25% of that month's subscription fee.
4.3 Where our monitoring shows the miss, we apply the credit to the next invoice without a claim. Where you believe a miss occurred that we have not credited, tell us in writing within 30 days after the end of the month, and we apply it once confirmed. Where a credit cannot be applied to a later invoice, including a credit earned in the final month, it is set off against any amount you owe us and the balance is paid to you (Master clause 23.3).
4.4 No credit accrues where the cause is a third-party platform outside our control, your own systems or accounts, something you or your people changed, or a dependency you did not provide. We will tell you which applies and why.
4.5 Service credits are in addition to your rights under the Australian Consumer Law and are not your only remedy (Master clauses 5.7 and 23.4). Where a failure is a material breach, clause 19.2 of the Master Client Terms also applies.
4.6 Repeated misses. Where we miss the same service level in three consecutive months, you may cancel on 30 days notice with no notice-period fee and no early-release amount.
5. ACCEPTABLE USE
5.1 You must not use, or permit anyone to use, the Systems to:
- send messages to anyone who has not consented, or to a list that breaches clause 10.3 of the Master Client Terms;
- send anything unlawful, deceptive, defamatory, harassing or obscene;
- impersonate any person or business, or misrepresent the sender of a message;
- collect personal information by deception;
- attempt to gain unauthorised access to any system, account or data;
- circumvent an unsubscribe, a suppression list or a Do Not Call Register outcome;
- resell, sublicense or give access to the Systems to any business not named in your Service Agreement; or
- run anything that materially degrades the Systems or the platform they run on.
5.2 Suspension. Where a breach of clause 5.1 creates a serious risk to the security or lawful operation of the Systems, we may suspend the affected Systems immediately under clause 7.12 of the Master Client Terms, and we will tell you why the same day. Where the breach concerns content, clause 10.5 of the Master Client Terms applies.
5.3 Where the issue is ambiguous, we contact you before acting.
6. USAGE, METERED ITEMS AND THE USAGE WALLET
6.1 Every subscription includes platform usage except telephone and SMS consumption, which is metered on actual use, charged separately from the subscription fee at the rates in your Service Agreement, and never included in any build fee or subscription fee.
6.2 With a prepaid usage wallet. Where your Service Agreement provides for a prepaid usage wallet, metered usage is deducted from wallet credit as it is incurred, and the wallet is topped up automatically as you authorised at onboarding. Wallet credit is consumed on use. Only wallet top-ups are paid before usage is incurred.
6.3 Without a prepaid usage wallet. Where no prepaid usage wallet applies, metered usage is billed monthly after it is incurred, on the next billing date, for the usage in the period since the previous billing date.
6.4 Unconsumed wallet credit is refunded when the subscription ends. Metered usage incurred but not yet billed when the subscription ends is included in the final invoice.
6.5 Included monthly allowances. Where your tier includes a monthly build or optimisation allowance, that allowance is capacity reserved within the month. It is applied to agreed items at each check-in, does not roll over between months, and is not redeemable for cash.
7. VOLUME BANDS
7.1 Your volume band, being contacts and monthly sends, is shown on each invoice.
7.2 Where your sustained usage exceeds your band, we give you 14 days written notice before moving you to the matching band. The change takes effect from the next billing month.
7.3 If you do not want to move band, you may reduce usage within those 14 days, or end the subscription on 30 days notice instead of any longer notice period under clause 10, with no early-release amount.
7.4 We do not backdate a band change.
8. COMMENCEMENT AND THE FIRST MONTH
8.1 After an onboarding build. Where your subscription follows a build we delivered under Schedule B, it includes 30 days of subscription service at no charge. The 30 days start at Go-Live, or at deemed Go-Live under Schedule B, and we tell you in writing when deemed Go-Live occurs. Where Go-Live is delayed by something we need from you, the 30 days start on the date that clause 8.2 of the Master Client Terms sets for recurring Fees to begin.
8.2 Your first paid subscription month begins on the day after the 30 free days end. We record that date in your written Go-Live confirmation, our written notice of deemed Go-Live or, where the 30 days start on the date set by clause 8.2 of the Master Client Terms, our written notice of that date. Your first subscription invoice is issued on that date.
8.3 Subscription for an existing system. A subscription for a system we did not build for you starts on the date in your Service Agreement and includes no free period unless your Service Agreement expressly provides one.
9. BILLING
9.1 Subscriptions are billed monthly and continue month to month until cancelled under clause 10. The subscription fee is billed monthly in advance by automatic payment.
9.2 By starting a subscription you authorise us to charge the payment method you provide: on each billing date, for the subscription fee in advance and for any metered usage billed after it was incurred under clause 6.3; and, where a prepaid usage wallet applies, for the wallet top-ups you authorised under clause 6.2. You may change the payment method at any time. Each automatic charge is due on the date it is made, and the payment period in clause 5.2 of the Master Client Terms does not apply to it.
9.3 If a payment fails, clause 7 of the Master Client Terms applies.
10. CANCELLATION AND NOTICE
10.1 Either of us may cancel the subscription at any time by Notice under clause 24.2 of the Master Client Terms, or you may use the online cancellation method in clause 11.
10.2 Standard notice. The standard notice period is 30 days. Cancellation takes effect on the 30th day after the notice is received. The final invoice is pro-rated to that day, and billing continues at your subscribed tier through the notice period.
10.3 Longer notice. A longer notice period applies only where it is expressly recorded in your Service Agreement under this clause, and only where you received a stated benefit for accepting it, such as a reduced fee, which the Service Agreement names. A longer notice period binds both of us equally. Any minimum commitment is expressed as a longer notice period under this clause.
10.4 Early release from a longer notice period. Where a longer notice period applies, you may either:
(a) complete the notice period, paying the subscription fee for each month of it; or
(b) take early release by paying a single amount equal to 50% of the fees that would have fallen due over the remainder of the notice period. Billing then ends at the end of the current billing cycle.
10.5 The early-release amount is a genuine pre-estimate of our unrecovered costs and lost margin over the remainder of the notice period, not a penalty. Where, in a particular case, our actual unrecovered costs and lost margin would be lower, we charge the lower amount and show you the calculation.
10.6 Refunds on ending. Fees paid in advance for any period after the subscription ends are refunded, including where we cancel. Fees for a notice period you are required to serve are not refunded. Any service credit that cannot be applied is set off and the balance paid to you under clause 4.3. Where the subscription ends after a suspension for non-payment, the stated value of any service not delivered during the suspension is credited against the amounts payable on termination, with no double recovery, in the same way as clause 7.9 of the Master Client Terms provides for Method delivery.
10.7 Where we cause the ending. No notice-period fee or early-release amount is payable where you cancel under clause 4.6, clause 7.3 or clause 15.3 of this Schedule, under clause 4.3 of Schedule J, or under clause 3.6, 14.3, 19.2, 21.2, 22.3 or 24.1 of the Master Client Terms.
11. ONLINE CANCELLATION
11.1 You may cancel your subscription online at rev-raise.com/cancel, which is linked from every page of our website and from rev-raise.com/refunds. You do not need to log in or call us. You may also cancel by email to [email protected].
11.2 An online cancellation is received when the form at rev-raise.com/cancel is successfully submitted, whatever the day or time. A cancellation by email is a Notice and is received under clause 24.2 of the Master Client Terms. Either way, it takes effect under clause 10 in the same way as a cancellation by Notice. We confirm it in writing with the date it takes effect. No retention step or other step is required of you before a cancellation is accepted, other than any check we reasonably need to confirm the request came from you, and that check does not change the date your cancellation is received.
12. TIER CHANGES
12.1 Upgrades take effect from the next billing month or, if you ask, immediately, with the fee pro-rated.
12.2 A downgrade requires 30 days written notice. It takes effect on the first billing date that falls on or after the day the 30-day notice period ends, subject to any minimum tier stated in your Service Agreement.
13. MULTIPLE SITES
13.1 Where more than one Site is subscribed under one client, each Site carries its own subscription at the rates stated in your Service Agreement, unless your Service Agreement states that one subscription fee covers all the Sites it lists.
13.2 A Method Licence across a group or network is governed by Schedule E, not this Schedule.
14. PAUSING
14.1 A subscription cannot be paused as a matter of course, because live Systems need continuous operation and monitoring.
14.2 We will consider a pause of up to 3 months in genuine circumstances, such as seasonal closure, renovation, sale of the business or serious illness. A pause is agreed in writing, carries a reduced holding fee stated at the time, and is at our discretion.
14.3 Where we are unable to deliver, clause 21 of the Master Client Terms applies instead of this clause.
15. PRICE REVIEW
15.1 We may review subscription fees once in any 12-month period, on 60 days written notice.
15.2 An increase will not exceed the greater of 5% and the annual increase in the Australian Consumer Price Index, unless you agree otherwise in writing.
15.3 If you do not accept a review, you may cancel by Notice given before the increase takes effect. Cancellation takes effect 30 days after that Notice under clause 10.2, you pay your existing rate until then, and any longer notice period and early-release amount under clauses 10.3 and 10.4 do not apply to that cancellation.
15.4 This clause does not apply to a Method Licence under Schedule E.
16. OFF-BOARDING
16.1 Which off-boarding rules apply. When the subscription ends, off-boarding follows, in this order:
(a) the export and deletion provisions of Schedule B, where Schedule B applies to your Engagement;
(b) otherwise, a specific off-boarding clause in your Service Agreement, where it has one; and
(c) otherwise, the default process in clauses 16.2 to 16.8.
Schedule J governs personal information throughout, and where Schedule J sets a different rule for personal information, Schedule J applies.
16.2 Your export. At no charge, we give you an export of your data that is available in the Systems: your contact records with every field and label recorded against them, notes, conversation history including email and SMS, appointment and booking history, transaction and payment records held in the Systems, and the files and assets you uploaded, and a copy in document form of the written messages, scripts and other Class 2 and Class 3 materials held in the Systems. Structured records are provided in CSV or JSON format, and files and media in their native format in a ZIP archive, with a manifest identifying the fields and files provided.
16.3 When you get it. We provide the export within 10 Business Days of your request. You may request it at any time before the subscription ends and for 30 days afterwards. Where you have not requested it by the day the subscription ends, we send it to your notice email address within that 30-day period. You keep access to the Systems for the same 30 days so you can check the export. Where you request the export in the last 10 Business Days of that period, your access continues until we have provided it.
Where access was locked. Where, when the subscription ends, your access is locked or suspended because of non-payment (Master clause 7.5), a serious risk to the security or lawful operation of the Systems, including unlawful use (Master clause 7.12), or a restriction imposed by a third-party platform provider, we are not required to restore live access. You still receive the export of your own data under clause 16.2, within the time stated in this clause 16.3, and for clause 16.4 your access ends on the day the subscription ends.
16.4 Deletion. 90 days after your access ends, we delete the copies of your data that we control, unless you ask us in writing to delete them sooner or to hold them longer at a holding fee we tell you before it starts. Copies in backups are not used and are deleted when those backups are overwritten. We confirm the deletion in writing on request.
16.5 Copies the law requires us to keep. Where a law requires us to keep a record, such as tax and financial records, we keep only that record, only for the period the law requires, and only for that purpose, and then delete it.
16.6 Third-party platform data. Some data sits with the third-party platforms your Systems run on, which we do not control (Master clause 14.1). We close or delete the accounts we manage for you on those platforms and ask the provider to delete the data held there. We cannot directly delete data a provider keeps under its own terms, and its own retention rules apply to that data. Accounts held in your own name are not affected and remain yours (Master clause 14.4).
16.7 Migration assistance. The export in clause 16.2 is included. If you want more than that, such as moving your data into another provider's platform, rebuilding structures elsewhere or a custom export format, we quote it in writing before we start and do it only if you accept the quote. We give reasonable help with questions about the export at no charge during the 30-day period.
16.8 Where the subscription ends early. The same process applies however the subscription ends, including where it ends after a suspension for non-payment (Master clause 7.5), except that live access is restored only as clause 16.3 provides. The export of your own data is always provided.
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