Terms of Service

1. Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“the Client”), and Penguin Web Technologies LLC (“we,” “us,” or “our”), concerning your access to and use of our web design, website development, and support services. You agree that by engaging our services, you have read, understood, and agree to be bound by all of these Terms of Service.

2. Services Provided

Penguin Web Technologies LLC provides a range of website services, including but not limited to website design, website development, optimization, and maintenance support. The specific scope of services, deliverables, and timelines will be outlined in a separate Statement of Work (SOW) or client agreement.

3. Client Obligations

The Client agrees to provide all necessary access to information, data, and digital assets required for Penguin Web Technologies LLC to perform the services. This includes access to website backends, hosting accounts, and analytics platforms. The Client is responsible for the accuracy and legality of all materials provided to us.

4. Payment Terms

Fees for our services will be detailed in the client agreement. Payments are typically due on a recurring monthly basis for retained services or as per the milestones defined in the SOW. Late payments may result in a suspension of services and/or late fees. All payments for third-party website platforms or software tools used for implementation are the direct responsibility of the Client.

5. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of the engagement. Penguin Web Technologies LLC will not disclose client-specific website data or business information to any third party without prior written consent from the Client.

6. Limitation of Liability

While Penguin Web Technologies LLC strives to provide the highest quality services and achieve the best possible results, we do not guarantee specific outcomes, such as search engine rankings, lead volume, or revenue increases. Website and business performance can be affected by factors outside of our control. In no event will Penguin Web Technologies LLC be liable for any direct, indirect, consequential, or special damages.

7. Term and Termination

The term of the agreement will be specified in the SOW. Either party may terminate the agreement with a written notice, typically 30 days, as outlined in the client agreement. Upon termination, the Client is responsible for all fees incurred up to the date of termination.

8. Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which Penguin Web Technologies LLC is registered.