Last updated: July 2026
Swell Marketing LLC provides website design, development, hosting, and ongoing maintenance services on a monthly subscription basis. The specific services included depend on the plan selected by the client as outlined in the signed service agreement.Services may also include third party integrations, booking systems, payment processing setup, chat systems, automation tools, digital advertising management, and performance reporting depending on the plan selected.
Every new client begins with a 14-day free trial, which starts once the client subscribes and provides a valid payment method (this may be the same day the service agreement is signed, or shortly after). All plans are billed monthly beginning when the trial ends, and continue until cancelled. Payment is due at the beginning of each billing cycle.
Every plan (Starter, Growth, and Premium) includes the same 14-day free trial. A valid payment method is required to start the trial, but the client is not charged during the 14 days — billing begins automatically on day 15 unless the client cancels before the trial ends. All listed plan rates are subject to applicable taxes based on the client's location and local tax requirements. Taxes will be itemized on each invoice.
Accepted payment methods include card (via Stripe) and Apple Pay, unless otherwise agreed upon in writing.
If a payment fails or is not received by the due date, Swell Marketing LLC will notify the client. The client has 5 calendar days from the due date to resolve the outstanding balance.
If payment is not received within 5 days, Swell Marketing LLC reserves the right to suspend the client's website until the balance is paid in full. If payment is not received within 30 days of the original due date, Swell Marketing LLC reserves the right to permanently take the website offline and terminate the agreement without further notice.
Clients may cancel their subscription at any time through their client portal — no notice email required. Cancellation may also be requested by emailing the Swell Marketing LLC business email on record.
Upon cancellation, services will continue through the end of the current paid period. After the final billing period ends, the client's website will be taken offline in accordance with Section 6 (Intellectual Property). Swell Marketing LLC may also terminate a client's agreement with 30 days' written notice.
All payments are non-refundable once services have been rendered. If you cancel, you will retain access to services through the remainder of your current billing period. No partial refunds will be issued for unused portions of a billing cycle.
All design elements, code, and websites created by Swell Marketing LLC remain the exclusive property of Swell Marketing LLC at all times. The client is granted a limited, non-transferable license to use the website solely for the duration of their active subscription.
Upon cancellation or termination of the subscription for any reason, the client's license to use the website is immediately revoked and the website will be taken offline. The client does not retain any rights to the design, code, or structure of the website after termination.
Content provided by the client including but not limited to logos, photos, written text, and business information remains the property of the client at all times.
In the event of a dispute arising from or related to these Terms of Service or any services provided by Swell Marketing LLC, both parties agree to first attempt to resolve the matter through good faith communication.
If a resolution cannot be reached within 30 days, the parties agree to pursue mediation before initiating any legal proceedings. All disputes shall be governed by the laws of the State of Hawaii and handled in the appropriate courts of Maui County, Hawaii.
Swell Marketing LLC shall not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, including but not limited to loss of revenue, loss of business, or loss of data.
Our total liability for any claim arising from services provided shall not exceed the total amount paid by the client in the three months preceding the claim.
Swell Marketing LLC reserves the right to update or modify these Terms of Service at any time. Clients will be notified of any material changes via email at least 14 days before the changes take effect. Continued use of services after that date constitutes acceptance of the updated terms.
For questions, cancellations, or concerns regarding these Terms of Service, please contact us at swellsites08@gmail.com