Terms of Service
These Terms of Service explain how Upwell Digital provides website care, Google presence support, content help, short-form video support, audits, and related services. By using this website, requesting an audit, approving work, or paying for services, you agree to these terms.
1. Services
Upwell Digital may provide website edits, page cleanup, mobile checks, broken-link checks, Google Business Profile update support, review-response drafts, content calendars, captions, simple graphics, short-form video planning, editing, reporting, and related digital support.
Specific deliverables, timing, pricing, revision limits, and included work are controlled by the written quote, proposal, invoice, order, email approval, or plan description accepted by the client.
2. No guaranteed results
Digital work depends on many factors outside our control, including search engines, social platforms, customer demand, competition, client operations, reviews, ad budgets, seasonality, and third-party rules. Upwell Digital does not guarantee sales, leads, revenue, views, followers, rankings, placement, or business outcomes.
3. Client responsibilities
- Provide accurate business information, offers, prices, hours, claims, photos, approvals, and platform access.
- Confirm that supplied text, images, videos, logos, music, testimonials, customer information, and other materials may legally be used.
- Review drafts, updates, and reports promptly.
- Keep login credentials, account ownership, payment methods, and required business licenses current.
- Tell us immediately if any published information is wrong, outdated, unsafe, regulated, or legally sensitive.
4. Approvals and publishing
When a client approves work by email, message, dashboard action, payment, or other written direction, Upwell Digital may publish or deliver the approved work. If the client asks us to publish without review, the client remains responsible for the accuracy and legality of the information provided.
5. Revisions and change requests
Included revisions are limited to the scope stated in the accepted plan or quote. New pages, larger rewrites, rush work, strategy changes, new creative directions, reshoots, platform repairs, technical fixes, or work outside the original request may require a new quote or additional fees.
6. Payment, plans, and cancellations
Fees are due as stated on the invoice, quote, checkout page, or written agreement. Monthly services are billed in advance unless agreed otherwise. Late or failed payments may pause work. Either party may cancel ongoing monthly services with written notice, but completed work, work already started, and prepaid setup fees are not automatically refundable.
7. Third-party platforms
Web hosts, domain registrars, Google, Meta, TikTok, YouTube, email providers, analytics tools, payment processors, AI tools, stock libraries, and other third-party platforms are not controlled by Upwell Digital. We are not responsible for outages, policy changes, account restrictions, data loss, review removals, ranking changes, or platform decisions made by third parties.
8. Advertising, endorsements, testimonials, and reviews
Clients are responsible for making truthful claims about their business and for disclosing any material connection when required by law. Testimonials, endorsements, influencer content, review responses, before-and-after statements, and performance claims must be honest, not misleading, and supported by the client’s real experience or records.
9. Intellectual property
The client keeps ownership of materials the client provides. Upwell Digital keeps ownership of pre-existing tools, templates, processes, software, internal systems, reusable frameworks, and know-how. After full payment, the client receives the right to use final approved deliverables created specifically for that client, except for third-party materials that remain subject to their own licenses.
10. Portfolio use
Unless the client asks us in writing not to, Upwell Digital may reference the client’s business name, public website, and non-confidential final work in our portfolio, case examples, or sales materials. We will not knowingly share confidential business information.
11. Confidentiality
Each party should protect non-public information received from the other party. This does not include information that is public, already known, independently developed, or required to be disclosed by law.
12. Privacy and data
Our collection and use of website visitor and client information is described in our Privacy Policy. Clients must not send us sensitive personal information unless it is necessary and approved in advance.
13. Accessibility
We aim to build and maintain clear, usable pages. Unless a written accessibility audit or remediation package is purchased, our general services do not guarantee full compliance with ADA, WCAG, or similar accessibility standards. Clients should request a dedicated accessibility review if their site needs formal compliance work.
14. Warranties disclaimer
Services and this website are provided “as is” and “as available.” To the fullest extent allowed by law, Upwell Digital disclaims implied warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, and error-free performance.
15. Limitation of liability
To the fullest extent allowed by law, Upwell Digital will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost goodwill, business interruption, or platform/account losses. Our total liability for a claim is limited to the amount the client paid Upwell Digital for the specific service giving rise to the claim during the three months before the claim.
16. Indemnification
The client agrees to defend, indemnify, and hold Upwell Digital harmless from claims, losses, liabilities, damages, penalties, and expenses arising from client-provided materials, inaccurate business information, unlawful claims, products or services sold by the client, platform access supplied by the client, or the client’s breach of these terms.
17. Disputes
Before filing a claim, the parties agree to try to resolve the issue informally by written notice and a good-faith discussion. These terms are governed by the laws of California, unless a written client agreement says otherwise.
18. Changes to these terms
We may update these terms from time to time. The “Last updated” date shows when the latest version took effect. Continued use of the website or services after an update means you accept the revised terms.
19. Contact
Questions about these terms can be sent to hello@upwelldigital.com.