Definitions & Parties
These Terms of Service ("Terms") govern the provision of services by Iszac Wayne Enterprises Pty Ltd (ABN 11 669 539 459), trading as Pendulum, to clients ("Client", "you") who engage our Revenue OS services.
Important: A signed Service Agreement is required before any Revenue OS implementation commences. These Terms operate in conjunction with the individual Service Agreement. In the event of conflict, the Service Agreement takes precedence.
- "Revenue OS" — Pendulum's revenue optimisation system, encompassing lead tracking, response automation, and pipeline management.
- "Service Agreement" — The individual scoped proposal and agreement executed between Pendulum and the Client.
- "GoHighLevel Platform" — The third-party CRM and automation infrastructure used to deliver Revenue OS.
- "Implementation Date" — The date confirmed in the Service Agreement on which active build work commences.
Services — Revenue OS Phases
Pendulum's Revenue OS is structured across three service phases. The specific scope, deliverables, and timeline applicable to each Client are detailed in their individual Service Agreement.
Install
System build, CRM configuration, automation setup, integrations, and initial onboarding. Delivered as a one-time implementation.
Control
Active management, pipeline oversight, performance reporting, and ongoing optimisation of lead and response workflows.
Command
Advanced automation, strategic growth systems, and expanded revenue infrastructure aligned with the Client's business objectives.
Fees for each phase are as specified in the Client's individual Service Agreement. No fee rates are published in these Terms, as pricing reflects the specific scope and complexity of each engagement.
Service Level & Delivery Timelines
Implementation Timeline
Pendulum targets completion of the Install phase within 14 days from the Implementation Date, provided that the Client has supplied all required access credentials, business assets, and onboarding information by the agreed deadline; no material scope changes are requested after commencement; and third-party platform outages do not affect delivery.
Client Responsibility: Delays caused by incomplete or late provision of required materials from the Client's end will extend timelines accordingly. The 14-business-day target is conditional on full and timely Client co-operation.
Ongoing Support Response
For clients on active ongoing service plans, Pendulum targets an initial response to support requests within 4 business hours. These are target response times, not guaranteed SLAs.
Platform Availability
Revenue OS operates on the GoHighLevel platform. Pendulum does not warrant uninterrupted availability and is not liable for outages or data issues attributable to GoHighLevel or any other third-party provider.
Client Obligations
To enable effective delivery of Revenue OS, the Client agrees to:
- Provide accurate, complete, and timely information required for onboarding and ongoing service delivery;
- Grant Pendulum necessary access to existing platforms, accounts, and assets as reasonably required;
- Designate an authorised point of contact who can make decisions relevant to the engagement;
- Ensure that any business and lead data provided to Pendulum for processing has been collected in accordance with applicable Australian privacy laws;
- Pay all fees in accordance with the payment schedule in the Service Agreement;
- Notify Pendulum promptly of any material changes to business operations that may affect service delivery;
- Not circumvent, reverse engineer, or misuse any systems, automations, or intellectual property developed by Pendulum.
Fees, Payment & Invoicing
All fees are as specified in the individual Service Agreement. The following general conditions apply:
- Implementation fees are invoiced upon execution of the Service Agreement and are due prior to commencement of build work, unless otherwise agreed in writing.
- Ongoing service fees are invoiced monthly in advance, unless alternative arrangements are specified.
- All fees are quoted in Australian Dollars (AUD) and are exclusive of GST, which will be added where applicable.
- Invoices are due within 7 days of the invoice date unless otherwise agreed.
- Pendulum reserves the right to suspend services where invoices remain unpaid beyond 14 days of the due date, following written notice.
- Fees are non-refundable once service delivery has commenced, except where Pendulum is in material breach of the Service Agreement.
Term, Minimum Commitment & Termination
Minimum Commitment
Ongoing service engagements are subject to a minimum commitment period as specified in each Client's Service Agreement. No termination of ongoing services will take effect during the minimum commitment period except in cases of material breach.
Termination by Client
Following expiry of the minimum commitment period, the Client may terminate ongoing services by providing 30 days' written notice to Pendulum. The Client remains liable for all fees incurred during the notice period.
Termination by Pendulum
Pendulum may terminate services with 30 days' written notice for any reason, or immediately in the event of non-payment, material breach, or conduct reasonably considered harmful or reputationally damaging.
Effect of Termination
Upon termination, Pendulum will provide the Client with reasonable access to export their data from the GoHighLevel platform for a period of 14 days. Thereafter, Pendulum is not obliged to retain or provide access to Client data beyond its standard retention obligations.
Intellectual Property
All systems, automation frameworks, templates, workflows, methodologies, and intellectual property developed by Pendulum remain the exclusive property of Iszac Wayne Enterprises Pty Ltd, unless expressly agreed otherwise in writing.
The Client retains ownership of their own business data, customer data, and brand assets. Upon full payment of all outstanding fees, the Client is granted a non-exclusive, non-transferable licence to use the configured systems within their own GoHighLevel account. This licence does not extend to resale, white-labelling, or sharing with third parties.
Limitation of Liability
Important Legal Notice: To the maximum extent permitted by Australian law, Pendulum's total aggregate liability shall not exceed the total fees paid by the Client in the three (3) months immediately preceding the event giving rise to the claim.
Pendulum is not liable for indirect, consequential, or special damages; loss of revenue or profit; failure to achieve specific outcomes; losses from Client's failure to fulfil obligations; third-party platform failures; or any loss arising from inaccurate information provided by the Client.
Nothing in these Terms limits liability for fraud, wilful misconduct, or any liability that cannot be excluded under the Australian Consumer Law.
Confidentiality
Each party agrees to keep confidential all non-public information received from the other party and to use such information only for the purposes of performing their obligations under these Terms. Confidentiality obligations do not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.
Governing Law & Disputes
These Terms are governed by the laws of Western Australia, Australia. The parties submit to the exclusive jurisdiction of the courts of Western Australia.
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved within 20 business days, either party may refer the dispute to mediation before commencing litigation.
Contact
For enquiries regarding these Terms, please contact:
Iszac Wayne — Founder & Managing Director
Iszac Wayne Enterprises Pty Ltd (Pendulum) · ABN 11 669 539 459
Email: zacwayne01@hotmail.com
Phone: +61 450 188 985