Terms of Service

1. Services

Brennan-Wayne Pauole d/b/a Swell Sites 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, Google Business Profile management, review management, and performance reporting depending on the plan selected.

2. Subscription & Billing

Every new client begins with a 14-day trial. A valid payment method is required when the service agreement is signed, but the card is not charged at signature and 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. We confirm the launch date in writing on the day it happens. The first charge is made 14 days after the launch date, and billing continues monthly until cancelled. Payment is due at the beginning of each billing cycle. A client who cancels before the trial ends owes nothing.

All listed plan rates are exclusive of Hawaii General Excise Tax and any other applicable tax based on the client's location. Tax is added on top of the listed rate and itemized on each invoice.

Accepted payment methods include card (via Stripe) and Apple Pay, unless otherwise agreed upon in writing.

3. Payment Failure

If a payment fails or is not received by the due date, Brennan-Wayne Pauole d/b/a Swell Sites 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, Brennan-Wayne Pauole d/b/a Swell Sites 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, Brennan-Wayne Pauole d/b/a Swell Sites reserves the right to permanently take the website offline and terminate the agreement without further notice.

4. Cancellation

Subject to the minimum term in Section 4a, clients may cancel their subscription at any time through their client portal — no notice email required. Cancellation may also be requested by emailing the Brennan-Wayne Pauole d/b/a Swell Sites 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). Brennan-Wayne Pauole d/b/a Swell Sites may also terminate a client's agreement with 30 days' written notice.

4a. 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 is counted from the client's launch date, not from the date the agreement is signed. Where no minimum term is stated in a client's signed agreement for the plan selected, no minimum term applies.

4b. Review Volume

Where a plan includes review response management, that service is provided without a fixed monthly cap. If a client's review volume materially increases, we may adjust pricing with thirty (30) days' written notice. The client may cancel without penalty within that notice period, including during any minimum term.

5. Refund Policy

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 monthly billing cycle.

Annual prepayment is the one exception. Where a client prepays twelve (12) months in advance at the discounted annual rate and later cancels, we refund the unused months calculated at the standard monthly rate, not the discounted annual rate. The client loses the discount, not their money.

6. Intellectual Property

All design elements, code, and websites created by Brennan-Wayne Pauole d/b/a Swell Sites remain the exclusive property of Brennan-Wayne Pauole d/b/a Swell Sites 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.

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.

7. Dispute Resolution

In the event of a dispute arising from or related to these Terms of Service or any services provided by Brennan-Wayne Pauole d/b/a Swell Sites, 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.

8. Limitation of Liability

Brennan-Wayne Pauole d/b/a Swell Sites 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.

We are not liable for any failure, outage, data loss, price change, or discontinuation of a third-party service we rely on to deliver our services, including but not limited to Base44, Stripe, Google, GoHighLevel, Twilio, and Tawk.to.

9. Changes to Terms

Brennan-Wayne Pauole d/b/a Swell Sites 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.

10. 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.

11. 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.

12. No Guarantee of Results

We make no guarantee of search engine rankings, website traffic, leads, sales, or revenue. Our services are described by what we build and maintain, not by outcomes.

13. Access and Credentials

We do not ask for and will not accept a client's passwords. Where access to a client account is required, such as Google Business Profile, Stripe, Google Analytics, a domain registrar or an advertising account, the client grants us a delegated role under our own separate login, which the client can revoke at any time without our assistance.

A client's payment processing runs through the client's own Stripe account. We never hold client or customer funds. Where advertising is involved, the client pays the advertising platform directly and owns the ad account.

14. Contact

For questions, cancellations, or concerns regarding these Terms of Service, please contact us at swellsites08@gmail.com