Terms & Conditions
Welcome to Clearwell Marketing. These Terms of Service (“Terms”) govern your access to and use of our website and services. By using our website, you agree to be bound by these Terms.
Clearwell Marketing
Effective Date: August 26, 2026
Last Updated: August 26, 2026
1. Agreement to Terms
These Terms and Conditions (“Terms”) govern your use of clearwellmarketing.com (the “Site”) and any services provided by Clearwell Marketing, a sole proprietorship operated by Cameron Caldwell doing business as Clearwell Marketing (“Clearwell,” “we,” “us,” or “our”).
By accessing our Site, submitting a contact form, engaging our services, or entering into a service agreement with Clearwell, you agree to be bound by these Terms. If you do not agree to these Terms please do not use our Site or services.
2. Services
Clearwell provides digital marketing consulting and execution services including but not limited to search engine optimization, paid advertising management, social media marketing, email marketing, web design and development, branding, marketing strategy, and fractional CMO services.
Services are provided on either a retainer basis with recurring monthly fees or a project basis with defined scope and deliverables, as agreed upon in a separate written service agreement or proposal. These Terms apply to all engagements regardless of format.
The specific scope, deliverables, timelines, and fees for each engagement are outlined in the applicable proposal, statement of work, or service agreement provided to the client. In the event of any conflict between these Terms and a signed service agreement, the service agreement governs.
3. Fees and Payment
Retainer engagements are billed on a monthly basis. The first month’s fee is due prior to the commencement of services. Subsequent monthly fees are due on the same date each month as established at the start of the engagement.
Project-based engagements require a deposit of 50 percent of the total project fee prior to the commencement of work. The remaining balance is due upon project completion and prior to final delivery of deliverables, unless otherwise specified in the applicable proposal or service agreement.
Invoices are due upon receipt unless alternative payment terms are specified in writing. Accounts unpaid after 15 days of the due date may be subject to a late fee of 3 percent per month on the outstanding balance. Clearwell reserves the right to pause or suspend services on accounts with outstanding unpaid invoices until the balance is resolved.
Fees are subject to change. For retainer clients Clearwell will provide a minimum of 30 days written notice before any fee adjustment takes effect.
4. Refund Policy
All fees paid to Clearwell are non-refundable.
For retainer engagements: Fees paid for any given month are non-refundable regardless of early termination. If you cancel your retainer mid-month you retain access to services through the end of the paid period but no partial refund will be issued for unused days.
For project-based engagements: Deposits are non-refundable. If a project is cancelled after work has commenced you are responsible for payment of fees corresponding to the work completed up to the point of cancellation. If a project is cancelled before any work has commenced Clearwell may at its sole discretion apply the deposit as a credit toward future services.
We stand behind the quality of our work and are committed to delivering results aligned with the agreed scope. If you have concerns about the work being delivered we encourage you to raise them directly so we can address them. Our no-refund policy reflects the nature of service-based work where time, expertise, and resources are committed on your behalf from the moment an engagement begins.
5. Cancellation and Termination
Retainer engagements may be cancelled by either party with 30 days written notice. Notice must be provided via email to hello@clearwellmarketing.com. The engagement will continue through the end of the 30-day notice period and all fees during that period remain due and payable.
Project-based engagements may be cancelled by the client at any time. Fees for work completed prior to cancellation are due and payable. Clearwell reserves the right to terminate any engagement immediately for non-payment, breach of these Terms, or conduct that Clearwell determines to be harmful to its business or reputation.
Upon termination Clearwell will provide the client with all completed work product and files in its possession. Access to any platforms, accounts, or tools managed on the client’s behalf will be returned to the client within a reasonable timeframe.
6. No Guarantee of Results
Digital marketing involves variables outside of Clearwell’s control including search engine algorithm changes, platform policy changes, market conditions, competitor activity, and the performance of client-provided assets and offers.
Clearwell does not guarantee specific results including but not limited to:
- Specific search engine rankings or ranking improvements
- Specific amounts of website traffic, leads, or conversions
- Specific return on ad spend or revenue outcomes
- Approval of advertising campaigns by any platform
Clearwell will apply professional expertise, industry best practices, and active management to every engagement with the goal of achieving the best possible outcomes for your business. However past performance is not a guarantee of future results and no representation made on our Site or in our marketing materials constitutes a guarantee of specific outcomes.
7. Client Responsibilities
To enable Clearwell to deliver services effectively, clients agree to:
- Provide timely access to relevant accounts, platforms, assets, and information as reasonably requested
- Provide accurate and complete information about their business, products, services, and target audience
- Review and provide feedback on deliverables within the timeframes specified in the applicable service agreement
- Ensure that all materials, content, and information provided to Clearwell do not infringe on the intellectual property rights of any third party
- Maintain active and funded advertising accounts where paid media management is included in the scope of services
Delays caused by the client’s failure to provide required materials, feedback, or approvals in a timely manner may affect project timelines. Clearwell is not responsible for delays resulting from client-side inaction.
8. Intellectual Property
Client-owned materials: All materials, assets, content, logos, trademarks, and intellectual property provided by the client to Clearwell remain the sole property of the client. By providing these materials the client grants Clearwell a non-exclusive license to use them solely for the purpose of delivering the agreed services.
Work product: Upon receipt of full payment for the applicable engagement, all work product created by Clearwell specifically for the client — including but not limited to website designs, ad creative, written copy, and marketing materials — becomes the property of the client. Clearwell retains no ownership rights over client-specific deliverables once payment is received in full.
Clearwell’s proprietary materials: Clearwell retains ownership of all proprietary methodologies, frameworks, tools, templates, and general knowledge developed in the course of its business. The delivery of services does not transfer ownership of any of Clearwell’s proprietary systems or general intellectual property to the client.
Third-party materials: Some deliverables may incorporate licensed stock photography, fonts, or other third-party assets. The client is responsible for ensuring ongoing compliance with any applicable third-party licenses for assets incorporated into final deliverables.
9. Portfolio and Testimonials
Clearwell reserves the right to feature work created for clients in its portfolio, case studies, website, social media, and marketing materials for the purpose of showcasing its services and capabilities. This includes the right to reference the client’s name and describe the nature of the services provided.
If you prefer that your engagement remain confidential please notify us in writing at hello@clearwellmarketing.com and we will honor that request.
If you provide a testimonial or review — whether on our website, Google, social media, or any other platform — you grant Clearwell the right to reproduce and use that testimonial in its marketing materials.
10. Confidentiality
In the course of providing services Clearwell may have access to confidential business information including business strategies, financial data, customer lists, and proprietary processes. Clearwell agrees to treat such information as confidential and not to disclose it to third parties except as necessary to deliver the agreed services or as required by law.
Clients may request a separate mutual non-disclosure agreement prior to the commencement of services. Such requests should be directed to hello@clearwellmarketing.com.
11. Third-Party Platforms and Services
Many of Clearwell’s services involve the use of third-party platforms including Google, Meta, LinkedIn, Klaviyo, WordPress, Shopify, and others. These platforms have their own terms of service and policies that govern their use.
Clearwell is not responsible for changes made by third-party platforms to their algorithms, policies, advertising systems, or pricing that may affect the performance or delivery of services. Clearwell will adapt strategies in response to platform changes as they occur but cannot guarantee continuity of results when platform-level changes are outside our control.
Client advertising accounts, platform accounts, and associated billing relationships remain the client’s responsibility. Clearwell manages these accounts on the client’s behalf but does not assume liability for platform-imposed suspensions, policy violations resulting from client-provided content, or billing disputes with third-party platforms.
12. Limitation of Liability
To the fullest extent permitted by applicable law, Clearwell’s total liability to any client for any claim arising out of or related to these Terms or the services provided shall not exceed the total fees paid by the client to Clearwell in the three months immediately preceding the claim.
Clearwell is not liable for any indirect, incidental, consequential, special, or punitive damages including lost profits, lost revenue, or loss of business opportunity arising out of or related to the services, even if Clearwell has been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify, defend, and hold harmless Clearwell and Cameron Caldwell from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- Your use of our services
- Materials or content you provide to Clearwell
- Your violation of these Terms
- Your violation of any third-party rights including intellectual property rights
- Any claim that materials you provided caused damage to a third party
14. Disclaimer of Warranties
Our Site and services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Clearwell does not warrant that our Site will be uninterrupted, error-free, or free of viruses or other harmful components.
15. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the services provided by Clearwell shall be subject to the exclusive jurisdiction of the state and federal courts located in Ventura County, California. You consent to personal jurisdiction in those courts and waive any objection to venue in Ventura County.
Before initiating any formal legal proceeding both parties agree to attempt to resolve any dispute through good faith negotiation for a period of 30 days following written notice of the dispute.
16. Changes to These Terms
Clearwell reserves the right to modify these Terms at any time. When we make material changes we will update the “Last Updated” date at the top of this page. Your continued use of our Site or services after any changes constitutes your acceptance of the updated Terms.
For active clients Clearwell will provide notice of material changes to these Terms via email to the address on file.
17. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law that provision will be modified to the minimum extent necessary to make it enforceable. The remaining provisions of these Terms will continue in full force and effect.
18. Entire Agreement
These Terms together with any applicable service agreement, proposal, or statement of work constitute the entire agreement between you and Clearwell regarding the subject matter herein and supersede all prior agreements, understandings, and representations.
19. Contact
If you have questions about these Terms or wish to discuss any provision, please contact:
Clearwell Marketing
Cameron Caldwell
Ventura County, California
Email: hello@clearwellmarketing.com
Phone: 424.438.1114
These Terms and Conditions were last updated on August 26, 2026.
