1. What we'll do

1.1 Emails. We will design 10 marketing emails for your brand, built around your existing offers, products and promotional calendar.

1.2 Kickoff and delivery. You book a kickoff date when you sign up. We will deliver all 10 email designs within 7 business days of that kickoff date, as images and slices ready to load into Klaviyo, or into your email platform as agreed.

1.3 Revisions. Each email includes one round of revisions. Send your feedback for all emails in one consolidated list. Changes must stay within the original brief, such as layout, imagery, styling and copy tweaks. New emails, new campaigns or a different offer don't count as revisions.

1.4 "Business day" means Monday to Friday, excluding public holidays in New South Wales, Australia. Note that our working day runs on Sydney time.

2. What's not included

The following are out of scope unless we agree otherwise in writing, and they may be charged separately:

• sending, scheduling or managing campaigns, list management, segmentation and deliverability work;
• building or rebuilding flows and automations, and setting up or troubleshooting your email platform or apps;
• photography, video, new product renders or paid stock assets;
• landing pages, ads, website changes or SEO; and
• emails beyond the 10 included, and ongoing changes after the revision round.

3. What we need from you

3.1 Brief. Before the kickoff date, give us your offers and send dates, brand assets, logos, fonts, product images and any required legal or claims wording.

3.2 Access. If we're loading designs into your platform, give us a login or user seat with the permissions we need.

3.3 Feedback. Respond to our questions and feedback requests promptly, ideally within 1 business day.

3.4 Delays. If the brief, assets, access or feedback arrive late, or are incomplete, the delivery deadline moves back by the length of the delay. We aren't responsible for delays you cause, or for delays caused by third-party services. Late kickoffs may mean emails are not ready before Black Friday.

4. Rescheduling

4.1 You can move your kickoff date once at no cost if you give us at least 2 business days' notice, subject to availability.

4.2 If we need to move the kickoff date ourselves, we will tell you as soon as possible. You can then either accept a new date or cancel for a full refund.

5. Fees, payment and cancellation

5.1 Fee. The fee is US$1,000, payable in full upfront by card through Stripe before we schedule the work. All amounts are in US dollars. Any bank, currency conversion or card fees charged by your provider are your responsibility.

5.2 Cancelling before kickoff. If you cancel 5 or more business days before the kickoff date, you get a full refund less any payment processing fees we can't recover. If you cancel later, you get a 50% refund.

5.3 No refunds once work starts. From the kickoff date the fee is non-refundable, including if you stop responding or don't use the revision round.

5.4 Chargebacks. Please contact us before you dispute a payment. Note that we may pause work while a dispute is open.

6. Tax: we're an Australian business

Proud is an Australian entity and does all of its work outside the United States. Do not withhold US tax from the fee. If you need it for your records, we will send you a completed IRS Form W-8BEN-E on request. Australian GST does not apply to these services for clients outside Australia. [Lawyer/accountant to confirm GST treatment.]

7. Ownership and portfolio

7.1 Your emails. Once we receive full payment, you own the final delivered email designs, including the layout, content and design we created for you.

7.2 What stays ours or third parties'. We keep ownership of our general know-how, methods, templates and reusable components. You get a permanent, non-exclusive licence to use any of these that are built into your emails. Email platforms, apps, fonts and stock assets remain subject to their owners' licence terms.

7.3 Your content. You keep ownership of everything you give us. You give us permission to use it only for doing this work.

7.4 Portfolio. We may show the finished work, for example as screenshots or links, in our portfolio and marketing. If you'd rather we didn't, opt out in the form below or email us at any time. We will never share confidential information such as your sales data.

8. Results

We will design the emails with care and skill. However, sales, conversions and revenue depend on many factors outside our control, such as your offer, pricing, traffic and market. We don't guarantee any particular sales, conversion or business results.

9. Liability

9.1 Cap. To the extent the law allows, our total liability under or in connection with this agreement is limited to the fees you have paid us under it.

9.2 No indirect loss. We aren't liable for indirect or consequential loss. This includes lost profits, lost revenue, lost data, lost opportunity or reputational damage.

9.3 Sending. You are responsible for checking and approving every email before it is sent, and for compliance with spam and marketing laws.

9.4 Rights the law gives you. Some rights can't be excluded or limited by law, including under the Australian Consumer Law. Nothing in this agreement excludes or limits those rights. Where we are allowed to limit our liability for breaching them, our liability is limited to re-supplying the services or paying the cost of having them re-supplied.

10. Your content and indemnity

You promise that the content you give us, and the claims made about your products, are lawful, accurate, and yours to use. You will indemnify us against claims, losses and costs (including reasonable legal costs) arising from that content or those claims. Examples include intellectual property infringement, misleading advertising and product claims.

11. Confidentiality and data

11.1 Each of us will keep the other's non-public business information confidential. We will use it only for this work, unless the law requires disclosure.

11.2 We will access your accounts only to do the work. We won't export, sell or use your customer data for any other purpose, and we'll handle any personal information in line with our privacy policy at our privacy page and applicable privacy laws.

11.3 Removing access. After delivery, or earlier if you ask, we will stop using any access you gave us. You can revoke it at any time.

12. Electronic signature

12.1 You may sign this agreement electronically by typing your name, drawing your signature and ticking the acceptance box. Each of us agrees that this electronic signature is valid and binding, and has the same effect as a handwritten signature. This applies under the US Electronic Signatures in Global and National Commerce Act (ESIGN Act), the Electronic Transactions Act 1999 (Cth) and the Electronic Transactions Act 2000 (NSW).

12.2 You consent to receiving this agreement and related notices electronically. We will email you a copy of the signed agreement. The agreement may be signed in counterparts, and those counterparts together form one agreement.

13. General

13.1 Governing law. This agreement is governed by the laws of New South Wales, Australia. Both of us submit to the exclusive jurisdiction of the courts of New South Wales.

13.2 Entire agreement. This agreement, together with your booking details and the Stripe payment, is the entire agreement between us about this work. It replaces any earlier discussions or proposals. Any changes must be agreed in writing, and email is enough.

13.3 Other terms. If any part of this agreement is unenforceable, the rest still applies. You may not transfer this agreement without our written consent. Neither of us is liable for delays caused by events beyond our reasonable control.

13.4 Notices. Send notices by email to sam@proudaspunch.studio for us, or to the email address you give in the form for you.

13.5 Version. This is Version 1.0, dated 12 October 2026. Your agreement is with the version you signed.