Terms and Conditions

Swap Agency

Last updated: 21 April 2026

1. Introduction and Legal Entity

These Terms and Conditions (hereinafter the “Terms”) govern the access to and the use of the website swap-agency.com and all related digital marketing, online advertising, SEO and content promotion services (the “Services”), provided by the following legal entity:

Qali Sàrl

Sur la Croix 88

1020 Renens

Switzerland

Swiss Commercial Register No.: CH-550.1.256.025-3

Phone: +41 79 739 92 19

Email: hello@swap-agency.com

Qali Sàrl operates under the trade name “Swap Agency” (hereinafter “we”, “us”, “our” or the “Agency”). The person or entity purchasing or using the Services is referred to as the “Client”, “you” or “your”.

By placing an order, creating an account or using the Services in any way, you acknowledge that you have read, understood and accepted these Terms in full. Acceptance of these Terms is required before the purchase can be finalised. If you do not agree with these Terms, you must not use our Services.

2. Definitions

Agency / We: Qali Sàrl, operating under the name Swap Agency.
Client / You: any natural or legal person purchasing or using the Services, whether acting as a freelancer, company or start-up.
Services: online advertising, SEO and Google ranking assistance, content and forum promotion, and any other digital marketing service offered by the Agency.
Plan: a predefined bundle of Services offered on our website, with its own scope, duration and price.
Content: any text, image, logo, video, trademark, link, data or other material provided by the Client or published on behalf of the Client.
Third-Party Platforms: search engines, advertising networks, websites, forums, social networks and any other external platforms used to deliver the Services.

3. Description of the Services (Digital Product)

The Services offered by the Agency are digital services consisting of online visibility and promotion activities. Depending on the Plan selected by the Client, the Services may include, without limitation:

Online advertising and placement of promotional content (ads) on partner networks and Third-Party Platforms, selected by the Agency based on the Client’s profile and goals;
SEO consulting, on-page and off-page optimisation, and activities intended to improve search engine visibility;
Content creation, posting and sharing on selected websites, forums and communities;
Strategy, monitoring, reporting and related managed services.

The exact scope, duration and deliverables of each Plan are described on the corresponding page of the website at the time of purchase, including the price, the features included and any other relevant information. The Client is invited to read the Plan description carefully before ordering.

Given the nature of digital marketing, the Services constitute an obligation of means (best-effort obligation) and not an obligation of result. The Agency does not guarantee any specific ranking, position, number of visitors, clicks, leads, sales, conversions or revenue.

4. Orders and Formation of the Contract

Services may be ordered through our website or through any other channel made available by the Agency. The contract between the Client and the Agency is formed once the Client (i) has selected a Plan, (ii) has accepted these Terms prior to completing the purchase, and (iii) has successfully paid the corresponding price.

The Client represents that all information provided at the time of the order (including identity, contact details, website URL, Content and billing information) is accurate, complete and up to date. The Client is solely responsible for maintaining the accuracy of this information.

The Agency reserves the right to refuse or cancel any order, at its sole discretion, in particular if the requested Services, the Client’s website or the Content appear to be illegal, fraudulent, unethical, contrary to these Terms, or technically impossible to deliver. In such case, any amount already paid will be refunded.

5. Prices, Currency and VAT

All prices for the Services are displayed and charged in United States Dollars (USD) only. The final amount and currency (USD) are clearly shown on the checkout page before payment is finalised. Any currency conversion from USD to the Client’s local currency, as well as related bank or card-issuer fees, are the sole responsibility of the Client.

VAT status: Qali Sàrl is currently not subject to Swiss VAT (MWST/TVA), as its annual turnover is below the Swiss VAT registration threshold of CHF 100,000. No VAT is therefore charged on the Services, and the prices displayed on the website are the final amounts payable by the Client. Qali Sàrl is identified by its Swiss Commercial Register number CH-550.1.256.025-3. If the Agency becomes liable for VAT in the future, prices will be updated accordingly.

6. Payment, Accepted Cards and Timing of the Charge

Timing of the charge: the Client’s card or payment method is debited immediately at the time the order is placed and confirmed on the website. Payment is made in a single, one-time transaction: there is no subscription, recurring billing or deferred payment, unless expressly stated in the description of a specific Plan.

Accepted payment methods: payments are processed online through our secure third-party payment provider. We accept the following payment cards: Visa, Mastercard, American Express, Maestro and Discover. Depending on availability through our payment provider, additional methods such as Apple Pay, Google Pay or Link may also be offered at checkout.

Secure processing: card and payment data are entered directly on the payment provider’s secure interface and are not stored on our servers. All transactions are encrypted and processed in compliance with the PCI-DSS standard. The Client accepts the terms and privacy policy of the relevant payment provider, in addition to these Terms.

In the event of failed payment, chargeback or fraudulent use of a card, the Agency reserves the right to suspend or terminate the Services, to claim any resulting costs from the Client, and to take any legal action it deems necessary.

7. Delivery of the Services

The Services are 100% digital services with no physical delivery. No physical goods are shipped to the Client, and no tracking number or postal delivery applies.

Delivery fee: there is no delivery fee, shipping cost or handling charge. The price paid by the Client at checkout is the only amount charged for the Services.

Geographic availability: the Services are available worldwide to any Client with a valid website or online project, subject to applicable international sanctions and export-control regulations. The Agency reserves the right to decline orders from jurisdictions in which the provision of the Services would be unlawful.

Start of execution (delivery time): unless otherwise stated in the Plan description, the Services start instantly upon successful payment. The Agency begins the preparation and execution of the ordered Services (campaign setup, content drafting, publication, etc.) as soon as the payment is confirmed by the payment provider.

Estimated time to result: while preparation starts immediately, the visible results of online advertising and SEO activities typically become apparent within a few days to a few weeks after the order, depending on the Plan, the type of campaign and the Third-Party Platforms involved. A more precise indicative timeline is provided on the page of each Plan.

The Client expressly acknowledges and accepts that, because the Services are digital and start immediately, the purchase is not subject to any statutory delivery period applicable to physical goods.

8. Right of Withdrawal, Refund and Cancellation Policy

The Services are digital services whose execution begins immediately after payment, with the Client’s express prior consent.

In accordance with Article 16(a) and 16(m) of the EU Consumer Rights Directive 2011/83/EU and the corresponding implementing laws in EU Member States, the Client expressly acknowledges and agrees that the 14-day right of withdrawal is lost once the Agency has begun performing the Services. By ticking the acceptance box and completing the payment, the Client gives such prior express consent and acknowledges this loss of the right of withdrawal.

Subject to mandatory consumer protection rules that may apply in the Client’s country of residence, the following refund and cancellation rules apply:

Before execution: if the Client cancels an order before any work has started, the Agency will refund the amount paid, minus any administrative, payment-processing or third-party fees already incurred.
During execution: once the Services have started (including preparation, campaign setup, content drafting or publication on Third-Party Platforms), no full refund can be claimed. The Client remains liable for the portion of the Services already delivered or committed.
After execution: no refund is available for Services that have been fully delivered.
Service not delivered at all: if the Agency is unable to deliver the Services for reasons attributable to the Agency, the Client is entitled to a full refund of the corresponding amount.

Refund and cancellation procedure: to submit a refund or cancellation request, the Client must follow the steps below:

Send an email to hello@swap-agency.com with the subject line “Refund request” or “Cancellation request”;
Include the order reference, the email address used at checkout, the date of the order, and a clear description of the reason for the request;
The Agency will acknowledge receipt of the request and review it in good faith within 10 business days;
If the request is approved, the refund is processed in USD on the same payment method used for the purchase. The refund usually appears on the Client’s account within 5 to 10 additional business days, depending on the Client’s bank or card issuer;
If the request is rejected, the Agency will send a written explanation stating the reason for the rejection.

Claims and complaints: any claim in connection with the Services must be submitted to the Agency in writing within a reasonable time after the Client becomes aware of the issue, and in any case no later than 30 days after the end of the Service period. Claims submitted after this period may not be accepted. Consumer clients retain all mandatory rights granted to them by the consumer protection laws of their country of residence, including any applicable EU consumer rights.

9. Client Obligations and Warranties

The Client undertakes to cooperate in good faith with the Agency and, in particular, to:

Provide, in a timely manner, all information, materials, access and approvals reasonably required by the Agency to deliver the Services;
Ensure that the website, products, services and activities being promoted are lawful and comply with all applicable laws and regulations;
Hold all necessary rights, licences and authorisations for any Content provided to the Agency (including texts, images, videos, logos and trademarks);
Not provide any Content that is illegal, misleading, defamatory, obscene, hateful, discriminatory, infringing third-party rights, or otherwise harmful;
Comply with the rules, terms and policies of the Third-Party Platforms on which the Services are delivered.

The Client warrants that the use of the Services and of any Content will not infringe any third-party rights and agrees to indemnify and hold harmless the Agency against any claim, liability, damage, loss, cost or expense (including reasonable legal fees) arising from a breach of this clause.

10. Prohibited Content and Activities

Regardless of any instruction received from the Client, the Agency will not knowingly provide Services for the promotion of content or activities that are illegal under Swiss law or under the applicable laws of the Client’s jurisdiction. Prohibited Content and activities include in particular:

Content sexually exploiting or endangering minors, or any form of child sexual abuse material;
Content promoting terrorism, extreme violence, hatred or discrimination based on ethnicity, religion, gender, sexual orientation, disability or any protected characteristic;
Fraudulent schemes, scams, phishing, malware, pirated goods or counterfeit products;
Unlicensed financial, medical, pharmaceutical or gambling activities;
Content infringing intellectual property rights or unlawfully disclosing personal or confidential data.

The Agency reserves the right to refuse, suspend or immediately terminate any Service where such Content or activities are suspected, without any refund, and without prejudice to any other remedy.

11. Third Parties Involved in the Provision of the Services

The Client acknowledges that, in order to deliver the Services, the Agency relies on several trusted third parties, including:

Payment service providers: all online payments are processed by PCI-DSS compliant third-party payment providers. These providers are responsible for collecting and securing the Client’s payment data.
Third-Party Platforms: search engines (such as Google and Bing), advertising networks, social networks, forums and other websites on which the Agency publishes or promotes content on behalf of the Client.
Hosting and technical providers: cloud, hosting, email and analytics providers used to operate the website and the Services.
Sub-contractors: the Agency may involve freelance specialists, copywriters or marketing partners to perform specific tasks. The Agency remains responsible towards the Client for the correct execution of the Services.

The Agency does not control, and cannot be held responsible for, the policies, decisions, algorithms, outages, suspensions or account bans of these Third-Party Platforms, nor for the terms and conditions of the payment service providers.

12. Use of Third-Party Platforms

The Client acknowledges that results such as positioning, indexation, traffic, visibility or impressions depend on factors that are largely outside the Agency’s control, and that changes made by Third-Party Platforms (algorithm updates, policy changes, ad disapprovals, account restrictions, etc.) may affect or terminate the delivery of certain Services without triggering any right to a refund for the portion already delivered.

13. Intellectual Property

All materials, methodologies, tools, documents, software, reports and know-how developed or used by the Agency in connection with the Services remain the exclusive property of the Agency or its licensors. Nothing in these Terms transfers any intellectual property right to the Client, except as expressly stated.

Subject to full payment of the relevant fees, the Client is granted a non-exclusive, non-transferable, worldwide licence to use the deliverables specifically created for the Client, solely for its own internal business purposes and for the promotion of its own activities.

The Client retains ownership of the Content it provides to the Agency. The Client grants the Agency a non-exclusive, royalty-free, worldwide licence to use, reproduce, adapt, publish and distribute the Content for the purpose of performing the Services and, where relevant, to reference the Client’s name, logo and project as part of the Agency’s portfolio and marketing materials, unless the Client objects in writing.

14. Confidentiality

Each party undertakes to keep confidential any non-public information received from the other party in connection with the Services, and to use such information only for the purpose of performing or using the Services. This obligation does not apply to information that is already public, lawfully obtained from a third party, or required to be disclosed by law or a competent authority.

15. Data Protection and Privacy

The Agency processes personal data in accordance with the Swiss Federal Act on Data Protection (nFADP) and, where applicable, the EU General Data Protection Regulation (GDPR). Details regarding the categories of data processed, the purposes, the legal bases, the retention periods, the third parties with whom data may be shared, and the rights of data subjects are described in our Privacy Policy, which forms an integral part of these Terms and is available on our website.

The Client is responsible for ensuring that it has obtained all necessary consents and provided all required information to its own users, customers and contacts whose personal data may be processed in the context of the Services.

16. Limitation of Liability

To the maximum extent permitted by law, the total aggregate liability of the Agency towards the Client, for any claim arising out of or in connection with the Services and these Terms, shall not exceed the total amount actually paid by the Client to the Agency for the specific Service giving rise to the claim, during the twelve (12) months preceding the event triggering liability.

The Agency shall not be liable for any indirect, incidental, consequential or special damages, including but not limited to loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, loss of opportunity, reputational damage, or damages resulting from third-party actions, changes made by Third-Party Platforms, or from the Client’s own acts or omissions.

Nothing in these Terms shall exclude or limit liability in cases where such exclusion or limitation is not permitted by applicable law, including in cases of gross negligence or wilful misconduct.

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by an event of force majeure, including but not limited to natural disasters, fire, flood, epidemics or pandemics, war, terrorism, civil unrest, strikes, failures of telecommunications or internet service providers, major outages of Third-Party Platforms, or acts of public authorities.

18. Term and Termination

These Terms apply from the moment the Client places an order or otherwise uses the Services, and remain in force for the duration of the relevant Service or Plan.

Either party may terminate the contract with immediate effect, by written notice, in the event of a serious breach by the other party that has not been remedied within fifteen (15) days of a formal notice. The Agency may additionally suspend or terminate the Services immediately in cases of non-payment, unlawful Content, or breach of clauses 9 or 10.

Termination does not entitle the Client to any refund for Services already delivered or in the course of delivery, without prejudice to any right the Agency may have to additional compensation.

19. Modifications of the Terms

The Agency may update or modify these Terms from time to time, in particular to reflect changes in its Services, in applicable laws, or in industry practices. The updated version will be published on the website with the corresponding “Last updated” date.

Material changes affecting existing orders will be notified to the Client by appropriate means. Continued use of the Services after the entry into force of the revised Terms constitutes acceptance of such revised Terms.

20. Miscellaneous

Entire agreement. These Terms, together with any order confirmation, Plan description and Privacy Policy, constitute the entire agreement between the parties with respect to the Services.

Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a valid provision that most closely reflects the original intent of the parties.

No waiver. The failure or delay by the Agency to exercise any right under these Terms shall not be construed as a waiver of that right.

Assignment. The Client may not assign or transfer any of its rights or obligations under these Terms without the prior written consent of the Agency. The Agency may assign these Terms to any affiliate or successor.

Notices. Any notice under these Terms shall be given in writing and sent by email to hello@swap-agency.com (for the Agency) or to the email address provided by the Client at the time of the order.

21. Governing Law and Jurisdiction

These Terms and any contract entered into with the Client are governed by and construed in accordance with Swiss law, to the exclusion of its conflict-of-law rules and of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Subject to any mandatory legal provisions protecting consumers, the parties agree that the exclusive place of jurisdiction for any dispute arising out of or in connection with these Terms shall be the competent courts of Lausanne (Canton of Vaud), Switzerland.

22. Contact and Customer Service

For any question, refund request, cancellation request, complaint or general enquiry regarding these Terms or the Services, please contact our customer service using the details below:

Qali Sàrl – Swap Agency