Pricing is a flat monthly retainer scoped to your send volume and program complexity — no percentage-of-revenue surprises. You’ll get an exact number on your intro call once I’ve seen your account.

How do your contracts work?

Month-to-month after a short onboarding period. No long lock-ins. I earn the renewal every month by tying my work to attributed revenue you can see in your dashboard.

What is your results guarantee?

I commit to a clear set of deliverables and KPIs in month one — flows live, calendar shipped, deliverability healthy. If I miss the agreed scope, I make it right before you’re billed for the next cycle.

Is it only one person that manages my account?

Yes — and that’s the point. You work directly with me, the person actually building, sending, and reporting on your emails. No account managers relaying messages, no junior handoffs — senior work and a direct line, every day.

Why should I hire an agency versus hiring someone in-house?

You get a senior specialist who lives in email & SMS all day — for a fraction of the cost of a full-time hire, and none of the ramp-up, management, or overhead. The program scales the moment you need it to.

I don’t want to wait 30 days to see the first set of emails. How fast do you move?

First sends typically go out within the first two weeks. I prioritize your highest-revenue flows and campaigns first, then build out the full system in parallel.

Legal

Terms of Service

Effective February 12, 2026

1. Who these terms cover

These Terms of Service (the “Terms”) govern your use of agencyatom.com (the “Site”) and any email, SMS or retention marketing services you purchase from AgencyAtom (“AgencyAtom”, “we”, “us”). AgencyAtom is operated by AgencyAtom Inc., a corporation based in Ontario, Canada.

You accept these Terms by doing any of the following: using the Site, signing a proposal, statement of work or invoice that references these Terms, or paying AgencyAtom for services. If you are accepting on behalf of a company, you confirm you have authority to bind that company. If you do not agree, do not use the Site or purchase services.

Where a signed proposal or statement of work conflicts with these Terms, the signed document controls for that engagement only.

2. Services

AgencyAtom provides email and SMS marketing services for eCommerce brands and agencies, including account audits, flow and automation builds, campaign management, copywriting, segmentation, deliverability work, opt-in form optimization and related strategy (the “Services”).

The specific Services, deliverables, timelines and fees for each engagement are set out in a written proposal, statement of work, invoice or email confirmation (each an “Engagement”). Anything not listed in the Engagement is out of scope. Additional work requested after an Engagement is agreed will be quoted separately and billed as an added fee.

We may use subcontractors to perform parts of the Services. We remain responsible for their work under these Terms.

Timelines are estimates. They depend on you providing access, content, approvals and feedback on time. Delays on your side extend our timelines by at least the same amount.

3. Fees and payment

All payments made to AgencyAtom are non-refundable. This applies to retainers, deposits, project fees, hourly fees and any other amount paid, whether or not the Services have been fully performed, and regardless of the reason for cancellation or termination. By paying, you acknowledge that fees cover time reserved, strategy and work already begun, not only finished deliverables.

Fees are stated in the Engagement. Unless the Engagement says otherwise:

Monthly retainers are billed in advance and are due on or before the first day of each service month.
Project fees are due in full before work begins, or per the payment schedule in the Engagement. Where a deposit is agreed, the deposit is due before work begins and the balance is due before final deliverables are released.
Invoices are due within 7 days of the invoice date.

Work may be paused, and access to deliverables withheld, while any invoice is past due. Overdue amounts accrue interest at 1.5% per month (19.56% per year) or the maximum rate allowed by law, whichever is lower. You are responsible for any collection costs, including reasonable legal fees.

Fees do not include third-party costs such as Klaviyo, Omnisend, SMS carrier fees, stock imagery or paid tools. Those are billed to you directly by the provider or passed through at cost. Applicable taxes, including HST, are added to all invoices where required.

Chargebacks or payment disputes initiated without first contacting us in writing are a breach of these Terms. We reserve the right to suspend all Services and recover the disputed amount plus related costs.

4. Cancellation and termination

Either party may cancel an ongoing Engagement with 30 days’ written notice. Notice must be sent by email to the address in Section 14 (from AgencyAtom) or to the primary contact on your account (from us). The 30-day notice period starts on the day the cancellation call described below is completed, not on the day the email is sent.

Cancellation call required. No Engagement may be ended, and no request to cancel, terminate or seek a refund will be acted on, until you have completed a cancellation call with AgencyAtom. The purpose of the call is to review the work done, confirm handover items and close the Engagement properly. Within 5 business days of receiving your written notice, we will offer at least two call times within the following 10 business days. You must attend one of them. If you do not attend an offered call, your notice is not effective and the Engagement, including billing, continues until the call takes place. If we fail to offer call times within 5 business days, your notice is treated as effective on the 6th business day after we received it.

The cancellation call does not change Section 3. All payments remain non-refundable regardless of what is discussed on the call.

During the 30-day notice period:

All fees that fall due during the notice period remain payable in full, including the next monthly retainer if it falls within that window.
We will continue to perform the Services in the Engagement, and you will continue to provide access and approvals, until the notice period ends.
Fees already paid are not refunded or prorated. See Section 3.

Cancelling a fixed-fee project after work has begun does not release you from the remaining project fee, which becomes due immediately.

We may terminate an Engagement immediately, without the notice period, if you fail to pay an invoice within 14 days of it falling due, breach these Terms in a way that is not fixed within 7 days of us telling you, use the Services for anything unlawful or in breach of Section 6, or become insolvent or bankrupt.

On termination for any reason, we will hand over completed and paid-for deliverables within 10 business days, and each party will return or delete the other’s confidential information on request. Sections 3, 7, 8, 9, 10 and 13 survive termination.

5. Your responsibilities

You agree to:

Give us timely access to the accounts and tools needed to do the work, including your email/SMS platform (such as Klaviyo or Omnisend), eCommerce store, analytics and brand assets.
Provide accurate information about your business, products, pricing, offers and customers, and tell us promptly if any of it changes.
Review and approve copy, designs and send schedules within 2 business days of receiving them, unless the Engagement says otherwise. If we do not hear back within that window, we may treat the item as approved or pause the timeline, at our discretion.
Keep your platform accounts in good standing and pay your platform providers directly.
Nominate one primary contact with authority to give approvals.

You are responsible for the accuracy and legality of all product claims, pricing, offers, discount codes and content you provide or approve. We rely on the information you give us and are not liable for errors that come from it.

Where we are given user access to your accounts, we act on your instructions and on your behalf. You remain the account owner and are responsible for all activity in your accounts, including sends you approve.

6. Email and SMS compliance

You own your subscriber lists and customer data, and you are responsible for how they were collected. You confirm that every contact we message on your behalf gave valid consent under the laws that apply to them, including Canada’s Anti-Spam Legislation (CASL), the U.S. CAN-SPAM Act and Telephone Consumer Protection Act (TCPA), the GDPR and UK GDPR where relevant, and the rules of your email/SMS platform and carriers.

You will not ask us to message purchased, rented, scraped or otherwise non-consented lists. If we become aware that a list or send does not meet consent requirements, we may refuse to send, pause the Engagement or terminate under Section 4, with no refund.

We will build flows and campaigns using standard compliance practices, including unsubscribe links, sender identification and SMS opt-out language. Final responsibility for compliance rests with you as the sender. You are responsible for any fines, penalties, carrier fees or platform suspensions that result from your lists, your content or your instructions.

Deliverability depends on factors outside our control, including your list quality, sending history, domain reputation, inbox provider filtering and platform policies. We do not guarantee inbox placement or specific deliverability metrics.

7. Intellectual property

Once an Engagement is paid in full, you own the final deliverables we create specifically for you: email and SMS copy, campaign and flow designs, templates and segments built in your account. Until payment is received in full, all deliverables remain our property and you have no right to use them.

We keep ownership of everything we bring to the work that is not unique to you: our methods, frameworks, audit templates, processes, checklists, know-how, pre-existing content and any tools we use (“Agency Materials”). Where Agency Materials are built into a deliverable, you get a non-exclusive, perpetual licence to use them as part of that deliverable for your own business, and nothing more.

You keep ownership of your brand, trademarks, product content, customer data and anything else you give us. You grant us a licence to use those materials to perform the Services.

We may show completed work in our portfolio, case studies and marketing, and may name you as a client, unless you tell us in writing not to. We will not disclose confidential performance data without your consent.

We do not accept liability for third-party content, stock assets or fonts that you choose or supply. It is your responsibility to hold the right licences for them.

8. Confidentiality

Each party will keep the other’s confidential information private and use it only for the Engagement. Confidential information includes business plans, pricing, customer data, revenue and performance metrics, account credentials, strategies and anything marked or reasonably understood to be confidential.

This does not cover information that is already public, that the receiving party already knew, that was independently developed, or that must be disclosed by law. Where disclosure is required by law, the disclosing party will give notice first where legally permitted.

Account credentials you share with us will be stored securely and used only for the Engagement. You should revoke our access when an Engagement ends. This section stays in force for 3 years after the Engagement ends, and indefinitely for customer data.

9. No guaranteed results

Email and SMS marketing results depend on your product, pricing, offers, audience, list quality, platform and market conditions. We do not guarantee any specific revenue, open rate, click rate, conversion rate, list growth, deliverability outcome or return on investment. Any figures we quote in proposals, audits or calls are estimates based on experience, not promises.

The Site and the Services are provided “as is”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement. We are not responsible for downtime, data loss, bugs or policy changes on third-party platforms such as Klaviyo, Omnisend, Shopify or SMS carriers.

10. Limitation of liability and indemnity

To the fullest extent permitted by law, AgencyAtom’s total liability to you for any claim arising out of these Terms, the Site or the Services, whether in contract, tort (including negligence) or otherwise, is limited to the fees you paid us in the 3 months before the event giving rise to the claim.

We are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, lost subscribers, business interruption or reputational harm, even if we were told they were possible.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud or wilful misconduct.

You agree to indemnify and hold harmless AgencyAtom, its owner, employees and subcontractors from any claims, losses, fines, penalties and costs (including reasonable legal fees) arising from: your lists, data or consent practices; content, claims or offers you provided or approved; your breach of these Terms or of any law; or your use of the deliverables after the Engagement ends.

11. Using the Site

You may use the Site for lawful purposes only. You will not scrape, copy or republish Site content without permission, attempt to gain unauthorized access to any part of the Site, upload malicious code, or use the Site to send spam or impersonate anyone.

All content on the Site, including text, graphics, logos, case studies and the AgencyAtom name, belongs to us or our licensors and is protected by copyright and trademark law. You may view and print pages for your own reference. Any other use requires our written permission.

The Site may link to third-party sites and tools. We do not control them and are not responsible for their content, privacy practices or availability. Booking a call, downloading a resource or submitting a form on the Site does not by itself create an Engagement.

We may change, suspend or discontinue any part of the Site at any time without notice.

12. Privacy

We collect and use personal information in line with our Privacy Policy, posted on the Site, and with Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). By using the Site or the Services, you agree to that policy.

When we access your customer data to perform the Services, we act as your service provider. We use it only for the Engagement, do not sell it, and delete or return it at the end of the Engagement on request. You are responsible for having the right to share that data with us.

13. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules.

If a dispute comes up, both parties agree to first try to resolve it through good-faith discussion within 30 days of one party raising it in writing. If that fails, the dispute will be resolved exclusively in the courts of Ontario, sitting in Toronto, and both parties consent to that jurisdiction. Either party may seek an injunction in any court to protect its intellectual property or confidential information.

Any claim must be brought within one year of the event giving rise to it, to the extent the law allows.

14. General

Changes to these Terms. We may update these Terms from time to time. The current version is always posted on the Site with its effective date. Changes apply to new Engagements and to your continued use of the Site. Existing Engagements stay on the version in force when they were agreed, unless you agree otherwise in writing.

Entire agreement. These Terms, together with the applicable Engagement and our Privacy Policy, are the full agreement between us and replace any earlier discussions or proposals on the same subject.

Independent contractor. AgencyAtom is an independent contractor, not your employee, partner or agent. Neither party can bind the other.

Non-solicitation. During an Engagement and for 12 months after, you will not hire or contract directly with any AgencyAtom subcontractor introduced to you through the Engagement without our written consent.

Force majeure. Neither party is liable for delays caused by events outside its reasonable control, including platform outages, internet failures, natural disasters or government action. Payment obligations are not excused.

Severability and waiver. If any part of these Terms is unenforceable, the rest stays in force. Not enforcing a term once is not a waiver of it.

Assignment. You may not assign these Terms without our written consent. We may assign them to a successor of our business.

Notices. Formal notices under these Terms must be in writing and sent by email. To AgencyAtom: reydcronkwright@agencyatom.com. To you: the primary contact email on your account.

Contact. Questions about these Terms: Reyd Cronkwright, reydcronkwright@agencyatom.com, AgencyAtom Inc., Ontario, Canada.