Last updated: June 1, 2025
Please read these Terms & Conditions carefully before using our website or engaging our services. By accessing swell.country or entering into a service agreement with Swell Country, you agree to be bound by these terms.
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "you," or "your") and Swell Country ("Company," "we," "us," or "our"), a digital marketing agency headquartered in Orange County, California. By accessing or using our website at swell.country, submitting a contact form, scheduling a consultation, or engaging our services in any capacity, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business, company, or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree with any part of these Terms, you must not access or use our website or services.
Swell Country provides a full range of digital marketing and branding services, including but not limited to:
The specific scope, deliverables, timelines, and fees for any engagement will be outlined in a separate Statement of Work ("SOW"), proposal, or service agreement between you and Swell Country. In the event of a conflict between these Terms and a specific SOW or service agreement, the terms of the SOW or service agreement shall prevail with respect to that particular engagement.
To ensure the successful delivery of our services, you agree to:
All fees for services will be set forth in your SOW, proposal, or service agreement. Unless otherwise stated in writing, all prices are quoted in U.S. Dollars (USD) and are exclusive of applicable taxes, duties, or government-imposed fees.
Payment terms are as outlined in your specific service agreement. Common arrangements include:
Invoices not paid within the agreed-upon terms are subject to a late fee of 1.5% per month (or the maximum amount permitted by law, whichever is less) on the outstanding balance. Swell Country reserves the right to suspend or terminate services if payment is not received within fifteen (15) days of the due date, without waiving its right to collect amounts owed.
Advertising spend on platforms such as Google Ads, Meta (Facebook/Instagram), and other media channels is separate from and in addition to Swell Country's service fees. The Client is responsible for all third-party platform costs, software subscriptions, stock imagery licenses, domain registrations, hosting fees, and any other external costs unless explicitly included in the SOW.
You retain full ownership of all pre-existing intellectual property, trademarks, trade names, logos, and proprietary content that you provide to Swell Country for use in performing services.
Upon receipt of full payment for the applicable services, ownership of custom deliverables created specifically for your project (including final website designs, custom graphics, and written content) transfers to you, unless otherwise specified in the SOW.
Swell Country retains ownership of:
Unless otherwise agreed in writing, Swell Country reserves the right to display completed work in its portfolio, on its website, in case studies, in award submissions, and in marketing materials. We will not disclose confidential financial data or proprietary business information without your written consent.
Both parties agree to keep confidential all non-public information shared during the course of the engagement, including but not limited to business plans, marketing strategies, analytics data, customer information, financial data, trade secrets, and proprietary methodologies ("Confidential Information").
Neither party shall disclose, publish, or disseminate Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law or as necessary to perform the agreed-upon services (e.g., sharing information with authorized subcontractors under similar confidentiality obligations).
Confidentiality obligations shall survive the termination of any service agreement for a period of two (2) years.
Swell Country warrants that all services will be performed in a professional and workmanlike manner, consistent with generally accepted industry standards and practices.
Important: While Swell Country employs proven, data-driven strategies to maximize marketing performance and ROI, we do not and cannot guarantee specific results, including but not limited to specific search engine rankings, website traffic volumes, conversion rates, revenue increases, or return on investment. Digital marketing results are influenced by numerous factors outside our control, including market conditions, competitive landscape, algorithm changes by search engines and social platforms, client participation, and consumer behavior.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, ALL SERVICES, WEBSITE CONTENT, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." SWELL COUNTRY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWELL COUNTRY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO:
IN NO EVENT SHALL SWELL COUNTRY'S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL FEES PAID BY YOU TO SWELL COUNTRY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
You agree to indemnify, defend, and hold harmless Swell Country and its officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Either party may terminate a service agreement by providing written notice as specified in the applicable SOW or service agreement. If no termination notice period is specified, either party may terminate with thirty (30) days' written notice.
Either party may terminate a service agreement immediately upon written notice if the other party:
Upon termination:
By accessing and using the Swell Country website (swell.country), you agree to the following:
Our website and services may contain links to third-party websites, platforms, or services that are not owned or controlled by Swell Country. We are not responsible for the content, privacy policies, practices, or availability of any third-party sites or services. The inclusion of any link does not imply endorsement, recommendation, or affiliation.
You acknowledge and agree that Swell Country shall not be liable for any damage or loss caused or alleged to be caused by or in connection with your use of, or reliance on, any third-party content, goods, or services.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions.
In the event of any dispute arising out of or relating to these Terms or any service agreement, the parties agree to first attempt to resolve the dispute through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue mediation administered by a mutually agreed-upon mediator in Orange County, California.
If mediation is unsuccessful, either party may pursue binding arbitration administered by JAMS in Orange County, California, in accordance with its Comprehensive Arbitration Rules and Procedures. The decision of the arbitrator shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
You agree that any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action.
Swell Country reserves the right to modify, amend, or update these Terms at any time at its sole discretion. Changes become effective immediately upon posting to this page, and the "Last updated" date at the top of this page will be revised accordingly.
Your continued use of our website or services after any modifications constitutes your acceptance of the revised Terms. We encourage you to review this page periodically for updates. Material changes to these Terms that affect existing service agreements will be communicated to active clients via email.
If you have any questions about these Terms & Conditions, please contact us:
