1. AGREEMENT — This agreement contains the entire understanding between BRENNAN-WAYNE PAUOLE D/B/A SWELL SITES and the CLIENT. It supersedes all prior agreements between the parties. Any changes must be made in writing and signed by both parties.
2. 14-DAY TRIAL — Every new client begins with a 14-day trial. The client provides a valid payment method when this agreement is signed. The card is not charged at signature, and it is not charged during the build. The 14-day trial begins on the client's LAUNCH DATE — the day the website is published, or, where no website is included, the day management of the client's Google Business Profile begins. The first charge is made 14 days after the launch date. Swell Sites will confirm the launch date to the client in writing on the day it happens. The client may cancel at any time before the trial ends at no cost and owes nothing. EXCEPTION - THE FULL BUNDLE: the Full Bundle does not include a 14-day trial. Billing for the Full Bundle begins on the launch date itself, because the entire website build is carried out before that date at no cost to the client. The Full Bundle's six-month minimum term also runs from the launch date.
3. SERVICES TO BE PROVIDED — Swell Sites will provide the CLIENT with the services included in their selected plan for the duration of this agreement. Changing plans requires a new agreement. GOOGLE PRESENCE ($350/mo): Google Business Profile claim, verification and ongoing management · categories, services, hours and service area kept current · monthly posts and photos · local search optimisation · review requests after each job · we write and post a response to every review · NFC review cards included · monthly performance report. WEBSITE ($550/mo): custom website designed, built, hosted and maintained · no setup fee · SSL and security · monthly content updates · admin console so the client manages their own content · contact and lead capture forms · online booking with automated appointment reminders · AI chat assistant · Google Analytics · monthly performance report. FULL BUNDLE ($700/mo): everything in Website plus everything in Google Presence, plus missed-call text-back. Missed-call text-back requires carrier registration of the client's number before it can send messages; Swell Sites will confirm in writing the date it becomes active, and it is not billed separately. Monthly content updates means reasonable text, photo, hours and pricing changes each month — new pages and new features are quoted separately. Optional modules, on top of a Website or Full Bundle subscription: online checkout, simple (up to 10 products) $500 setup plus $79/mo · full e-commerce (inventory, variants, shipping) $1,500 setup plus $199/mo · ticketing $750 setup plus $149/mo · custom admin module quoted from $500 setup plus $49/mo. Additional or replacement NFC review cards are quoted. All prices are exclusive of Hawaii General Excise Tax, which is added at the applicable rate for the client's location and itemised on each invoice.
4. PAYMENT TERMS — All plans are billed monthly beginning when the 14-day trial ends. Payment is due at the beginning of each billing cycle. Accepted payment methods: card (via Stripe) and Apple Pay. If payment is not received within 5 days of the due date, Swell Sites may suspend the website. If payment is not received within 30 days, Swell Sites may permanently take the website offline. Hawaii General Excise Tax is added on top of the listed rate and itemised on each invoice.
5. REVIEW VOLUME — Where the plan includes review response management, that service is provided without a fixed monthly cap. If the client's review volume materially increases, Swell Sites may adjust pricing with thirty (30) days' written notice. The client may cancel without penalty within that notice period, including during any minimum term.
6. CANCELLATION — Subject to Section 7, the client may cancel at any time through their client portal — no notice email required. After cancellation, service and the website remain active through the end of the current paid billing period (or through the trial, if cancelling during the trial), after which the website is taken offline. Swell Sites may terminate this agreement with 30 days written notice.
7. MINIMUM TERM — Some plans carry a minimum term. Where one applies, the client may cancel at any time and the cancellation takes effect at the end of the minimum term; monthly fees remain payable through that date. Minimum terms currently in effect: GOOGLE PRESENCE — three (3) months. FULL BUNDLE — six (6) months. WEBSITE — none, month to month. Any minimum term begins on the client's launch date as defined in Section 2, not on the date this agreement is signed. For the Full Bundle, billing and the six-month minimum term both begin on the launch date, with no trial period. Where no minimum term is stated in this agreement for the plan selected, no minimum term applies.
8. INTELLECTUAL PROPERTY — All design elements, code, and websites created by Swell Sites remain the exclusive property of Brennan-Wayne Pauole d/b/a Swell Sites. The client holds a limited license to use the website during an active subscription only. Upon cancellation the website will be taken offline. All content provided by the client (logos, photos, text) remains the client's property. Notwithstanding the above, the client at all times retains ownership of its domain name, all content the client provides, and all customer data collected through the website, including leads, bookings, and order records. On termination for any reason, we will transfer the domain name and export the client's content and customer data to the client within 10 business days at no charge.
9. WHAT HAPPENS IF YOU LEAVE — Said plainly, so there are no surprises: the website built under a monthly subscription is built, hosted and owned by Swell Sites. If the subscription ends, the website comes down. The client keeps its domain name, all content the client provided, and all customer data collected through the site — transferred and exported within ten (10) business days at no charge. The client's Google Business Profile belongs to the client and always did; Swell Sites holds a Manager role on it, which the client can remove at any time in one click. Clients who want to own their website outright should purchase a one-time custom build instead.
10. REFUND POLICY — All payments are non-refundable once services have been rendered. No partial refunds will be issued for unused portions of a monthly billing cycle.
11. ANNUAL PREPAYMENT — Where the client prepays twelve (12) months in advance at the discounted annual rate and later cancels, Swell Sites will refund the unused months calculated at the standard monthly rate, not the discounted annual rate. Example: a Full Bundle client who prepays $7,000 and cancels after three months has used 3 x $700 = $2,100, and the refund is $4,900. The client loses the discount, not their money.
12. LIMITATION OF LIABILITY — Swell Sites is not liable for any indirect, incidental, or consequential damages, including loss of revenue, loss of business or loss of data. Total liability shall not exceed the total amount paid by the client in the three months prior to the claim. Swell Sites is not liable for any failure, outage, data loss, price change or discontinuation of a third-party service relied on to deliver these services, including Base44, Stripe, Google, GoHighLevel and Twilio.
13. DISPUTE RESOLUTION — Both parties agree to first attempt resolution through direct communication. If a resolution cannot be reached within 30 days, the parties agree to pursue mediation before initiating any legal proceedings. All disputes are governed by the laws of the State of Hawaii and handled in the appropriate courts of Maui County, Hawaii.
14. WEBSITE ACCESSIBILITY — We build with accessibility best practices in mind and follow WCAG 2.1 Level AA guidance where practical. We do not certify, warrant, or guarantee that any website complies with the Americans with Disabilities Act or any other accessibility law, and no website or automated tool can provide such a guarantee. Accessibility also depends on content the client supplies. Formal accessibility auditing and remediation is available as a separate paid service.
15. CLIENT CONTENT — The client represents and warrants that it owns, or has the necessary rights and licenses to use, all logos, photographs, text, and other material it provides to us. The client agrees to indemnify and hold harmless Brennan-Wayne Pauole d/b/a Swell Sites against any third-party claim arising from that material, including reasonable defense costs. This obligation survives termination of this agreement.
16. NO GUARANTEE OF RESULTS — We make no guarantee of search engine rankings, map pack placement, website traffic, leads, sales, or revenue. Our services are described by what we build and maintain, not by outcomes.
17. ACCESS AND CREDENTIALS — Swell Sites does not ask for and will not accept the client's passwords. Where access to a client account is required — Google Business Profile, Stripe, Google Analytics, a domain registrar or an advertising account — the client grants Swell Sites a delegated role under its own separate login, which the client can revoke at any time without assistance. The client's payment processing runs through the client's own Stripe account and customer funds are never held by Swell Sites.
