Parties
This document is a public offer (the "Offer") from Individual Entrepreneur Ihor Poltavtsev, registered in Ukraine — 54038, Mykolaiv, Krylova Street 50 — operating under the trade name EMMPA (the "Performer"). The Offer is addressed to any person ("Client") who wishes to acquire the services described below.
Accepting any proposal, paying any invoice, or beginning any paid engagement with the Performer constitutes full acceptance of this Offer.
Services
The Performer provides retention-marketing services for Shopify brands, including but not limited to:
- Klaviyo account setup and ongoing management.
- Email and SMS flow architecture, copywriting, and design.
- Campaign planning, execution, and reporting.
- List segmentation, hygiene, and growth.
- Deliverability monitoring and remediation.
- Related consulting work.
The precise scope of any engagement is agreed in writing — typically via a proposal, order form, or Upwork contract — before work begins.
Engagement models
Services are offered under three models:
- Monthly retainer — a fixed monthly fee for an agreed scope. Fees are disclosed publicly on /pricing or quoted individually.
- Performance-based — a commission on incremental email revenue above an agreed baseline. Terms quoted individually.
- Upwork — contracts executed through the Upwork platform under Upwork's terms of service, with milestone-based escrow payments.
Payment terms
- Retainer: payable monthly in advance. First month invoiced upon signing.
- Setup fees (Starter tier or one-off setup work): payable 100% in advance.
- Performance-based: invoiced monthly in arrears against verified revenue reports.
- Upwork: governed by the Upwork milestone release process.
- Invoices are due within 7 calendar days of issue. Overdue invoices may pause work until settled.
Guarantee
For Pro-tier retainer engagements, the Performer guarantees an uplift of at least 25% in Klaviyo-attributed revenue within 2–4 months of the engagement start. For Elite-tier engagements, the guaranteed uplift is at least 30%.
If the guarantee is not met within the stated window, monthly fees drop to half price until the target is reached. The baseline against which lift is measured is agreed in writing at engagement start.
Starter tier (one-off setup) and performance-based engagements are not bound by the percentage guarantee — their economics already align client and Performer outcomes.
Cancellation
There is no minimum commitment on retainer engagements. The Client may terminate the engagement at the end of any calendar month by giving written notice (email suffices). Work delivered up to the termination date is payable in full; no further fees accrue.
The Performer reserves the right to terminate an engagement for non-payment, abusive behavior, or a breach of this Offer, with reasonable notice.
Refunds
Setup fees are refundable within 14 calendar days of payment if the Client is not satisfied with the work delivered. Refunds are processed within 30 days, less any payment-processor fees. Monthly retainer fees are not refundable after work for that month has begun; where fees have been prepaid and the engagement ends mid-cycle, the unused portion is refunded pro rata.
Ownership
Upon full payment, the Client owns all deliverables — flows, templates, copy, segments, reports. The list always belongs to the Client. The Performer retains the right to reference the engagement (brand name, high-level outcome) in case studies, unless a non-disclosure agreement is signed.
Confidentiality
Both parties agree not to disclose confidential information shared during the engagement — business data, customer data, pricing, strategy — to any third party without the other party's consent, except where disclosure is required by law.
Limitation of liability
The Performer's services are delivered on a best-efforts basis. While the guarantee above addresses revenue uplift under defined conditions, the Performer does not guarantee uninterrupted service, error-free delivery, or any specific commercial outcome beyond what is expressly stated.
The Performer is not liable for losses arising from third-party actions, technical failures outside its control (including but not limited to Klaviyo, Shopify, or Google outages), or the Client's own decisions.
Total liability under any engagement is capped at the total fees paid by the Client to the Performer in the preceding three months.
Governing law
This Offer is governed by the laws of Ukraine. Any disputes are first addressed through good-faith negotiation; unresolved disputes are subject to the jurisdiction of Ukrainian courts. Engagements executed through Upwork are additionally subject to Upwork's dispute-resolution process.
Contact
Operational matters: sales@emmpa.pro.
Legal and contractual matters: ipoltavtsev@emmpa.pro.