1. AGREEMENT — This agreement contains the entire understanding between BRENNAN-WAYNE PAUOLE D/B/A SWELL SITES and the CLIENT for the one-time design and build of a website. It supersedes all prior agreements between the parties. Any changes must be made in writing and signed by both parties. This is not a subscription: there is no trial period, no minimum term, no monthly fee and nothing to cancel.
2. WHAT IS BEING BUILT — Swell Sites will design and build a custom website to the scope agreed in writing with the Client before work begins. That written scope — the number of pages, the features, and any integrations such as online checkout, booking or ticketing — forms part of this agreement. Anything not in the agreed scope is a new quote, not an assumption. The Client will be shown the work in progress and asked to approve it before it is finished.
3. PRICE AND PAYMENT — The total price is fixed and stated in the Client's signed order. It is payable in two parts: fifty percent (50%) as a deposit before work begins, and the remaining fifty percent (50%) on completion, before the finished files are transferred. The deposit is non-refundable once work has begun, because the work cannot be un-done. Hawaii General Excise Tax is added on top of the price and itemised on the invoice. Payment is by card or bank transfer.
4. WHAT THE CLIENT RECEIVES — On final payment, the Client receives full ownership of the finished website: all source code, all design files, all content prepared for the site, and the right to host it, modify it, sell it or hand it to another developer without restriction and without further payment to Swell Sites. Swell Sites retains no licence over the finished work and will not take it offline, because Swell Sites does not host it. Transfer is made within ten (10) business days of final payment.
5. HOSTING IS NOT INCLUDED — Swell Sites does not host a one-time build and does not maintain it. The Client is responsible for arranging hosting, for the domain name, for SSL, for backups, and for keeping the site up to date after handover. Swell Sites will tell the Client what the site needs to run and can recommend a host, but the account is the Client's. A client who would rather never think about any of this should buy a website subscription instead, where all of it is included.
6. REVISIONS — Two (2) rounds of revisions are included during the build. A round means one consolidated set of changes from the Client, not an open-ended stream of individual requests. Further rounds, and any change that alters the agreed scope, are quoted separately and approved in writing before the work is done.
7. 30-DAY BUG WARRANTY, THEN IT ENDS — For thirty (30) days after handover, Swell Sites will fix, at no charge, anything that does not work the way this agreement says it should. That is a defect warranty and nothing more. It does not cover new features, design changes, content updates, third-party services that change or shut down, or anything broken by the Client or another developer after handover. After thirty days this warranty ends completely. Ongoing support is available as a separate paid maintenance arrangement, quoted on request.
8. CLIENT CONTENT — The Client represents and warrants that it owns, or has the necessary rights and licences to use, all logos, photographs, text and other material it provides. 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 defence costs. This obligation survives the end of this agreement. Delays caused by the Client not supplying content do not change the price.
9. 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, and on changes made after handover, which are outside our control. Formal accessibility auditing and remediation is available as a separate paid service.
10. NO GUARANTEE OF RESULTS — We make no guarantee of search engine rankings, map pack placement, website traffic, leads, sales, or revenue. This agreement is for the design and build of a website. It is described by what is built, not by what happens afterwards.
11. 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 for any claim arising from this agreement shall not exceed the total amount paid by the Client under it. Swell Sites is not liable for any failure, outage, price change or discontinuation of a third-party service the finished site relies on, including hosting, payment processing and any integration named in the agreed scope.
12. 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 during the build — a domain registrar, a payment processor, an analytics account — the Client grants a delegated role under our own separate login, which the Client can revoke at any time without assistance. Where the site takes payments, those payments run through the Client's own processor account and customer funds are never held by Swell Sites.
13. CANCELLATION BEFORE COMPLETION — If the Client ends the project after work has begun but before completion, the deposit is retained and no further payment is due. Swell Sites will hand over the work completed to that point in whatever state it is in, with no warranty of any kind attached to it. If Swell Sites is unable to complete the project, any amount paid beyond the value of work completed is refunded to the Client.
14. 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.
