These Terms govern the supply of fractional business development services by EVA DAVA EOOD, UIC 207945177, registered office 9 Gen. Gurko Str., floor 1, 8000, Burgas, Bulgaria (the Provider), to a business customer (the Client). The Provider is owned and operated by Alex Kuguk, who performs the Service personally.
They apply to business customers only. They are not offered to consumers.
The Client accepts these Terms by written confirmation, including by email, or by signing off the buyer profile, or by giving the Provider access to a mailbox, CRM or calendar for the purpose of the Service. The version in force at the date of acceptance applies for the whole engagement. Each version carries a version number and a date, and earlier versions are supplied on request.
There is no separate signature requirement, no minimum term and no lock‑in.
The Provider builds and warms outbound infrastructure in the Client's name, writes the buyer profile, qualification criteria, messaging and sequence with the Client, contacts prospects that match the profile, handles the replies, qualifies the prospects, and books meetings into a calendar the Client nominates.
The Provider does not conduct the Client's sales meetings, does not negotiate and does not close the Client's deals.
The Provider gives no guarantee of revenue, pipeline, closed business, or inbox placement, and does not promise a number of meetings. Nobody can promise inbox placement, and the Provider does not claim otherwise.
A Qualified Meeting is a meeting that satisfies all three of the following:
All three, or there is no invoice.
None of the following is a Qualified Meeting: a reply to an email, a click, an accepted slot that nobody attends, a referral to another person without an accepted and attended slot, or a meeting with anyone outside the agreed profile.
The profile and the criteria are recorded in writing and signed off by the Client before the first outbound message is sent. They may be amended at any time by written agreement, and the amendment applies to meetings booked after it.
A Qualified Meeting becomes chargeable at the moment it is held, when the person who matches the profile has been in the room. An accepted slot is not chargeable. A booking in the calendar is not chargeable. Nothing about a meeting is invoiced before it has taken place.
This is the whole commercial arrangement: the Provider carries the risk of attendance, because the Provider is the party that chose the prospect and wrote the message.
The only sums invoiced before a meeting happens are the Onboarding fee under clause 8 and the infrastructure under clause 9. Both are invoiced at the start of the engagement, and neither is a charge for a meeting.
If a meeting does not match the agreed profile and criteria, it is not billed and the Provider replaces it at no charge.
Objections raised after five business days are considered in good faith but are not a right under these Terms.
Prices are published on the Provider's website in US dollars and depend on the seniority of the person in the meeting.
| Tier | Per meeting held |
|---|---|
| Manager | USD 350 |
| Director or VP | USD 500 |
| C‑level | USD 800 |
The tier is set once, in the agreement, for the profile the Client chooses. It is not argued invoice by invoice. Where the Client's profile spans more than one seniority, the parties name the applicable tier in writing before the first send, and a meeting with a more senior person inside the same agreed profile is charged at that named tier and not at a higher one.
The prices in force at the date of acceptance apply for the whole engagement unless the parties agree otherwise in writing.
There is no retainer, no monthly minimum, no lock‑in, no exit fee, no separate charge for data or tools, and no volume discount. A month in which no meeting is held is invoiced at nothing beyond the infrastructure renewal under clause 9. All prices are stated exclusive of VAT; see clause 18.
The Onboarding fee covers the work that happens before a single email is sent, and it is invoiced at the start of the engagement.
| Component | Amount | What it covers |
|---|---|---|
| Base | USD 1,200 | Buyer profile, acceptance criteria, hook, angle, buying signals, copy and sequence. The same whatever the size of the pack |
| Per tenant | USD 400 | Building, authenticating and warming one tenant of five mailboxes |
The number of tenants follows from the size of the pack under clause 12. The total is stated in the agreement before acceptance.
The Onboarding fee is paid once. It does not repeat for a second sprint with the same Client on the same infrastructure, because the profile exists, the copy exists and the mailboxes are already warm. Building a further pack for the same Client is charged at the per‑tenant rate only.
The Onboarding fee is not refundable. It is earned when the work it pays for is done.
Domains and mailboxes are bought at cost, with no margin of any kind, and the vendor invoices are attached to the Provider's invoice so the Client can check it.
Because the infrastructure belongs to the Client and was supplied without margin, it is not refundable.
Outbound is never sent from the Client's production domain, and never from a lookalike domain registered to the Provider.
The Client sets, in writing before the first send, the maximum number of Qualified Meetings it wants delivered in a calendar month. The Provider does not exceed that number.
Nothing is sent until the Client has signed off, in writing:
The Client may amend the messaging or the exclusion list at any time in writing, and the amendment takes effect for messages sent after it.
The Client confirms that the buyer profile it signs off is a profile it has a lawful basis to contact, and the parties record the allocation of data protection roles in the Data Processing Agreement.
These are the Provider's own operating rules. They are stated here as terms rather than as marketing because the Client is entitled to hold the Provider to them.
| Rule | Value |
|---|---|
| Domains to mailboxes | One to one. Reputation is never shared between mailboxes |
| Mailboxes per tenant | Five, never more |
| Vendors | The pack is always split across both mailbox vendors named in the Data Processing Agreement |
| Pack size | Rounded up to the next multiple of fifteen above what the agreed volume needs, minimum fifteen, and run below the ceiling rather than at it |
| Warm‑up | Three weeks before the first message to the Client's list. The Client's list is not touched during warm‑up |
| Daily ceiling | Fifty emails a day per mailbox, never exceeded, whatever volume was agreed |
| Sequence length | Four messages per contact: one opener and three follow‑ups, then the thread stops |
| Sprint | Twelve weeks: three of warm‑up, then the run, which climbs to the agreed rate over three weeks and holds. A second sprint opens at full rate on day one |
| Authentication | SPF, DKIM and DMARC verified on every domain before anything sends |
| Deliverability checks | Week five, after the first full week of live sending, and week eight, after the first full week at top volume |
| Stop thresholds | Sending stops if bounces pass 2% or complaints pass 0.1%, in whatever week that happens |
| Reply time | Every reply is answered within one day, any day and any hour, by a person who read it |
The volume written into the agreement is a floor the design is built to carry, not a forecast of meetings. Spare capacity in the pack exists so that the loss of a whole tenant to a vendor suspension does not stop the sending.
No fee under this agreement is refundable. The Onboarding fee is earned when the work it pays for is done, and the infrastructure under clause 9 belongs to the Client and carried no margin. Nothing in this clause creates a right to money back.
The Provider commits to the following, and they are the measure of delivery under this agreement:
The Client raises it in writing to alex.kuguk@evadava.com, naming which commitment was missed. The Provider supplies the sending records for the period in question on request. Where the Provider does not put it right, the Client's remedy is to terminate under clause 19: fourteen days' notice, no exit fee, no notice period to sit through, and only the meetings already held are payable. There is no retainer and no minimum term, so nothing is forfeited by leaving.
Two things are outside the Provider's commitments and are stated plainly so they are not discovered later. A failure caused by the Client, meaning access not granted, sign‑off not given, or a bounce rate driven by a list the Client insisted on. And the rate at which recipients mark mail as spam, which is the recipient's act and not within the Provider's control; the complaint threshold in clause 12 stops the sending to protect the domain, and is not a commitment as to outcome. Suspension of a mailbox by its vendor does not by itself excuse commitment 2, provided the pack still holds the agreed volume; that is what the spare capacity in clause 12 is for.
Outbound is sent from a domain belonging to the Client. That makes the Client the party a regulator writes to, so the standard applied to every message is set out here in full rather than left to practice.
List‑Unsubscribe and List‑Unsubscribe‑Post header, so that the unsubscribe control built into the recipient's own mail client works;An opt‑out or an objection, whether by clicking the link, by replying, or by writing to the Provider, is actioned the same business day. US law allows ten business days; the Provider does not use them.
The suppression is permanent, and it applies across every campaign the Provider runs, for every client, not only the campaign that produced the request.
The opt‑out is written into the Client's own CRM against the contact record, so that the suppression stays with the Client and survives the end of the engagement.
The only record kept of a suppressed address is the minimum needed to honour the request, and it is the one record that cannot be deleted on request without breaking the promise. This is stated in clause 14 of the Data Processing Agreement and in section 10 of the Privacy Notice.
A reply that is not an opt‑out is answered by a person within one day, any day and any hour. Replies are not routed into an automated loop, and nobody is left waiting.
The applicable standards are the US CAN‑SPAM Act, Regulation (EU) 2016/679 and the ePrivacy Directive as implemented in the recipient's country. Where the law of a recipient's country is stricter than this clause, that law applies and the Provider follows it.
The Provider holds access to the mailboxes on the Client's domains, to the Client's CRM, and to a nominated calendar, limited to what the Service requires and to nothing else.
While an engagement is running, the Provider does not take on a direct competitor of the Client in the Client's category.
What the Provider does not promise, and will not: that a person who fits ten different buyer profiles never hears from the Provider about a different product. Anyone promising that is either not keeping it or is about to run out of market.
What is the Client's stays the Client's. The Client's copy, hook, angle, buyer profile and lists are never reused for anyone else.
VAT BG207945177 — the Provider's VAT registration number, or a statement that the Provider is not registered for VAT, is set out here and on every invoice.
All prices on the Provider's website and in these Terms are exclusive of VAT. Where VAT is due, it is added to the invoice and shown separately.
Where the Provider is registered for VAT in Bulgaria, the following applies:
Where a Client cannot evidence business status or a valid VAT identification number, the Provider may charge VAT.
Where the Provider is not registered for VAT, invoices are issued without VAT and carry the statement required by Bulgarian law. If the Provider becomes registered during the engagement, VAT applies to supplies made after the date of registration, the prices themselves do not change, and the Client is notified before the first invoice that carries it.
The engagement runs until either party ends it. There is no minimum term, no lock‑in and no exit fee.
Each party keeps confidential the non‑public information of the other received in connection with the Service, namely the buyer profile, the messaging, pricing, prospect lists, results, and business plans, and uses it only for the Service.
This obligation applies from first disclosure, including during evaluation and before any engagement begins, and continues for three years after the engagement ends. It does not apply to information that is public through no breach, was already lawfully known, is independently developed, or must be disclosed by law.
This clause operates as a mutual non‑disclosure agreement. No separate document is required.
Personal data is handled under the Privacy Notice and, where the Provider processes personal data on the Client's instructions, under the Data Processing Agreement, which forms part of these Terms.
For the campaign data, meaning the prospects sourced against the Client's signed‑off profile, the messages sent to them, the replies and the meeting records, the Client is the controller and the Provider is the processor. The Client decides who is contacted and why; the Provider carries out that decision. The one narrow exception is the permanent suppression list, described in section 5 of the Privacy Notice.
The Client confirms that it has a lawful basis for the outbound activity it approves. The Provider assists the Client in demonstrating it, including with the balancing assessment under Article 6(1)(f) set out in the Privacy Notice.
Neither party excludes liability for fraud, wilful misconduct, death or personal injury, or any liability that cannot be excluded by law.
Neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings or indirect loss.
The Provider's total liability arising out of the engagement is limited to the fees paid by the Client under these Terms in the three months preceding the event giving rise to the claim, excluding sums paid at cost under clause 9.
The Provider may publish a new version. A new version applies to a running engagement only from the beginning of the calendar month after the Client has been notified in writing. If the Client does not accept the new version, the Client may terminate under clause 19 and the previous version applies until termination takes effect.
These Terms are governed by the law of the Republic of Bulgaria. The courts of Burgas, Bulgaria have jurisdiction, without prejudice to any mandatory rule that gives jurisdiction elsewhere.
EVA DAVA EOOD · UIC 207945177 · 9 Gen. Gurko Str., floor 1, 8000, Burgas, Bulgaria
Alex Kuguk · alex.kuguk@evadava.com