1. Introduction
Welcome to Swell Internet (“Swell,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of our internet services, website, and related services (collectively, the “Services”). By subscribing to or using our Services, you agree to be bound by these Terms.
Swell provides high-speed fiber internet services to residential and business customers. We are committed to delivering reliable, fast internet connectivity while maintaining transparent and fair service terms.
2. Service description
Internet services: Swell provides broadband internet access via fiber optic technology. Service speeds, availability, and features vary by location and service plan.
Service availability: Our services are subject to network availability, technical limitations, and geographic coverage. We do not guarantee service availability in all areas.
Equipment: Your Swell gateway and network equipment we install are included with your service at no charge for as long as you are a customer. That equipment remains Swell property and must be returned when service ends. Devices you separately purchase or finance are governed by their purchase or financing agreement; any unpaid device principal remains due if service ends.
3. Customer responsibilities
Acceptable use: You agree to use our Services in compliance with all applicable laws and regulations. You may not use our Services for illegal activities, spam, or activities that harm our network or other users.
Account security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
Payment: You agree to pay the charges for your service plan on time. Overdue accounts are handled as described in Billing and payments and may be suspended after notice for continued non-payment.
4. Privacy and data usage
Network management: We may monitor network performance and usage to ensure optimal service quality for all customers. We do not monitor the content of your internet communications.
Google Maps: Our address search, verification, and map features include Google Maps features and content. Your use of those features is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
Data retention: We may collect and retain certain usage data for billing, technical support, and network optimization purposes as described in our privacy policy.
5. Text messaging (SMS)
Program description: If you provide your mobile phone number and consent, Swell may send you recurring text messages (SMS/MMS) about your account, billing, service and outage status, installation and appointments, support, and account security (such as one-time passcodes), and, where you separately opt in, marketing messages. Consent to receive texts is not a condition of purchasing any service.
Message frequency and rates: Message frequency varies based on your account activity and preferences. Message and data rates may apply, depending on your mobile carrier and plan.
Help and opt-out: Reply HELP for help or STOP to cancel at any time. You can also call us at 1-270-447-9355 or update the communication preferences in your account. After you reply STOP, you may receive one final confirmation message. Opting out of texts will not affect your internet service.
Carriers and privacy: Supported carriers are not liable for delayed or undelivered messages. We do not sell or share your mobile number or SMS consent with third parties for their own marketing; see our privacy policy for details.
6. Service limitations
Network management: We may implement reasonable network management practices to ensure network reliability and performance for all users.
Service interruptions: Service may be temporarily interrupted for maintenance, upgrades, or due to circumstances beyond our control. We will provide advance notice when possible.
Speeds: Advertised speeds reflect the typical speeds our plans deliver, consistent with the Broadband Facts label for your plan. Actual performance can vary with in-home Wi-Fi conditions, device capabilities, and network conditions.
7. Billing and payments
Monthly billing: Services are billed monthly in advance. Your first bill may be prorated based on your service start date.
Payment methods: We accept credit cards, debit cards, and ACH transfers. Your monthly price does not depend on your payment method: autopay is a convenience, never a condition of the advertised price.
Late payments: A late fee may apply only in the amount or percentage and at the time disclosed with your order or account terms. Service may be suspended for continued non-payment after notice.
The Swell Price Lock: The monthly price in effect when you start a plan is locked for five years from your service start date. We will not raise it during that period. Plan changes you request move you to the then-current price of the new plan, which is then locked for the remainder of your five-year period.
8. Service termination
Customer termination: You may cancel at any time, effective at the end of your current billing cycle. No notice period, no early termination fee, no cancellation fee.
Refunds: Voluntary cancellation does not refund the current paid billing period; service remains available through the end of that period. If Swell cannot provision service or bills you incorrectly, we will correct eligible charges.
Swell Vacation: Eligible customers may temporarily suspend service. Suspension is free of charge, with no set maximum duration; no service charges accrue while service is suspended. A suspension does not restart the five-year Price Lock period.
Company termination: We may terminate service for violation of these Terms, non-payment, or other material breach after appropriate notice and opportunity to cure.
Equipment return: If you cancel, we ask that you return Swell-owned equipment; we provide a prepaid return label. Normal wear and tear is never charged.
9. Limitation of liability
To the maximum extent permitted by law, Swell shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or other intangible losses.
Our total liability for any claims arising from or related to the Services shall not exceed the amount you paid for Services in the 12 months preceding the claim.
10. Changes to terms
We may update these Terms from time to time. We will notify you of material changes by email or through our website at least 30 days before they take effect.
Your continued use of our Services after the effective date of any changes constitutes acceptance of the updated Terms.
11. Contact us
If you have questions about these Terms of Service, please contact us at:
Swell Internet
Email: [email protected]
Phone: 1-270-447-9355
Address: 32 Mercer St 3rd Floor, New York, NY 10013
