The engagement, stage by stage.

The guarantee.

Settled

day 90

Measure

Kept billing

As defined on the measurement page: billing collected from failed-payment members through day 90, Keptly arm against the holdout arm.

Clubs billing A$50k to A$90k

one times the proof fee

Clubs billing A$90k and above

two times the proof fee

Shortfall

Credit or refund

If kept billing is under the multiple, the difference comes back to you as a credit or a refund, your choice. Credited in full against your first three months if you continue.

What the club provides.

Reports

Required

A weekly export of failed payments and cancellation requests, or read access to those reports.

Sending

Required

The ability to send from your platform, or written authority to send in your name.

Biller notice

Required

Where the provider that bills you (Ezypay, Ezidebit, Stripe) sends its own failed-payment notice, a decision on whether it stays on. Recorded at setup.

Time

Required

One hour to set up. Ten minutes a week to read the report.

Template approval

Before any send

No message goes to a member the club has not approved the template for.

The data letter

Before any data moves

One page: minimum data, the AI provider named, deletion on exit, indemnity, three-year log retention.

What never happens.

1. 01

   No message to a member you have not approved the template for.

2. 02

   No data used for anything except the three jobs. Name, contact, amount, payment status and membership status. No health data, ever. Visit dates only if you later choose the Prevent work, under a re-signed data letter.

3. 03

   No fees added, no threats, no contact before 8am on weekdays, before 9am on weekends, or on national public holidays.

4. 04

   No more than five touches per failed payment and no more than eight messages to any member in any 30 days across all sequences.

5. 05

   No cancellation held up. A member who asks to leave has left, from the day they asked.

6. 06

   No message to anyone who has asked us to stop, in any words, on any channel.

7. 07

   Nothing sold to a member. Return offers are yours, at your price. Keptly does not sell memberships to trialists or prospects.

Liability and conduct.

Conduct

ACCC and ASIC guideline

Keptly’s Recovery job is collection activity at the earliest end and is run inside the ACCC and ASIC Debt Collection Guideline and the applicable state rules. The club is liable for Keptly’s conduct as principal.

Indemnity

Keptly indemnifies the club

For Keptly’s own conduct under the engagement.

Insurance

Bound before client one

Professional indemnity, public liability and cyber cover will be bound before the first client’s data moves.

Governing law

New South Wales

These terms are governed by the laws of New South Wales. Both parties submit to the non-exclusive jurisdiction of its courts and of the courts that hear appeals from them. Nothing in these terms excludes or limits a guarantee, right or remedy the club has under the Australian Consumer Law that cannot be contracted out of.

Notice of a dispute

In writing

A dispute starts when one party writes to the other saying what is wrong and what would settle it. Work under the engagement carries on while a dispute is open, unless the dispute is about the work itself.

Time to settle it between yourselves

10 business days

From that notice, the parties deal with it directly. Neither side escalates until the window has closed.

Mediation

Before either party sues

If the window closes unsettled, the dispute goes to mediation. Where the parties cannot agree on a mediator, either may ask the Australian Disputes Centre to appoint one. Each party carries its own costs and they share the mediator’s fee equally. Either party may still ask a court for urgent relief at any time.