Terms & Conditions

1. INTRODUCTION

1.1 These terms and conditions ("Terms") govern the relationship between Blue Penguin Digital ("we", "us", "our") and clients ("you", "your") who use our services.

1.2 Blue Penguin Digital is a web development, automation, and hosting services provider based in Yorkshire, United Kingdom.

1.3 By engaging our services, you agree to be bound by these Terms. Please read them carefully.

2. DEFINITIONS

2.1 "Services" means any services provided by us, including but not limited to web development, automation, and hosting services.

2.2 "Deliverables" means any websites, applications, scripts, or other materials created by us as part of the Services.

2.3 "Fees" means the charges payable by you for the Services as set out in our quotation or as otherwise agreed in writing.

3. SERVICES

3.1 We offer the following main service categories:

• Web Development: Including landing pages, enhanced websites, and custom websites.
• Automation: Including desktop applications, custom scripting, and process automation.
• Hosting: Including shared hosting, VPS solutions, and game servers.

3.2 Service specifics, features, and deliverables will be detailed in a quotation provided to you prior to commencement of work.

4. FEES AND PAYMENT

4.1 Our fees vary depending on the service selected. Current rates can be found on our website or in written quotations provided to you.

4.2 Payment options include:

• One-off payment: A single payment for the design and build of your website or application.
• Monthly subscription: A recurring monthly payment that includes design, build, hosting, and specified ongoing services.
• Managed service: A premium monthly subscription that includes additional services such as updates, advanced SEO, and premium support.

4.3 Website update services not included in your package are available at £28 per hour.

4.4 For one-off payment options, hosting is available separately at £5 per month.

4.5 Payment is due according to the schedule specified in your quotation. For monthly subscriptions, payment is due monthly in advance.

4.6 All prices are quoted in GBP. Blue Penguin Digital is not VAT registered and does not charge VAT.

4.7 Monthly Subscription Terms

4.7.1 A minimum 12-month commitment is required for all subscription plans.

4.7.2 The first month's payment must be made in advance before services begin.

4.7.3 After the initial 12-month term, subscriptions continue on a rolling monthly basis and may be cancelled with 30 days' written notice.

4.8 One-Off Project Terms

4.8.1 A 50% deposit is required upfront to commence work.

4.8.2 The remaining 50% is due upon completion, before the website or project goes live.

4.8.3 Work will commence 14 days after the statutory cooling-off period unless written approval is provided to start earlier.

4.9 General Payment Terms

4.9.1 A formal contract will be issued and must be signed before any work begins.

4.9.2 We accept payment via bank transfer, credit/debit card, or other specified payment methods in the contract.

4.9.3 Late payments may result in service suspension until payment is received.

5. DELIVERY TIMELINES

5.1 Delivery timelines vary depending on the service and complexity:

• Landing pages typically take 2-3 days from receipt of all required content.
• Enhanced websites (up to 10 pages) typically take 1-2 weeks from receipt of all required content.
• Custom websites and web applications may take a few weeks to a couple of months depending on complexity.
• Automation projects vary based on complexity; simple scripts may take a few days, while complex desktop applications could take several weeks.

5.2 Specific timelines will be provided during initial consultation and may be subject to change based on project requirements and your responsiveness.

5.3 We will keep you updated throughout the process and work at a pace that suits your needs.

6. CLIENT OBLIGATIONS

6.1 You are responsible for:

• Providing accurate and complete information necessary for the provision of Services.
• Providing content (text, images, etc.) in a timely manner.
• Reviewing and providing feedback on work in progress within agreed timeframes.
• Ensuring you have appropriate rights to use all content provided to us.
• Maintaining the security of any account credentials provided to you.

6.2 Delays in providing necessary information or feedback may result in corresponding delays to project timelines.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Upon full payment of all fees due, you will own the rights to the custom aspects of the Deliverables created specifically for you.

7.2 We retain ownership of pre-existing materials, tools, systems, and expertise used in creating the Deliverables.

7.3 We reserve the right to use non-confidential aspects of the Deliverables for our portfolio and promotional purposes.

7.4 Third-party materials (such as stock images, plugins, or libraries) are subject to their respective licenses, which will be communicated to you.

8. CANCELLATION RIGHTS

8.1 For Consumers (individuals acting outside their trade, business, or profession):

• You have the right to cancel a contract within 14 days of agreement without giving a reason (the "cooling-off period").
• If you request us to begin work during the cooling-off period, and subsequently cancel, you must pay for services already provided.
• Your right to cancel does not apply once services have been fully performed.

8.2 For one-off payment services, cancellation after work has commenced may result in charges for work already completed.

8.3 For monthly subscription and managed services:

• You may cancel at any time by providing 30 days' written notice.
• No refund will be provided for the current month's service.
• Upon cancellation, we will provide reasonable assistance in transitioning to another provider, which may incur additional charges.

9. WARRANTIES AND REPRESENTATIONS

9.1 We warrant that:

• We will provide the Services with reasonable skill and care.
• The Deliverables will substantially conform to the specifications agreed upon.
• The Deliverables will be free from material defects for a period of 30 days from delivery.

9.2 If the Deliverables do not conform to the warranty in clause 9.1, we will, at our option, correct the defect at no additional charge within a reasonable time.

9.3 The warranty in clause 9.1 does not apply to defects resulting from:

• Your modifications to the Deliverables.
• Use of the Deliverables in a manner for which they were not designed.
• External factors beyond our reasonable control.

10. LIMITATION OF LIABILITY

10.1 Nothing in these Terms limits or excludes our liability for:

• Death or personal injury caused by our negligence.
• Fraud or fraudulent misrepresentation.
• Any other liability that cannot be limited by law.

10.2 Subject to clause 10.1, we shall not be liable for:

• Loss of profits, business, anticipated savings, or revenue.
• Loss or corruption of data.
• Indirect or consequential loss.
• Any losses arising from third-party services integrated into the Deliverables.

10.3 Our total liability to you for any claims arising under or in connection with these Terms shall not exceed the total Fees paid by you in the 12 months preceding the claim.

10.4 While we implement SEO best practices, we cannot guarantee specific search ranking results or timeframes, as these are ultimately controlled by search engines and influenced by many external factors.

11. DATA PROTECTION

11.1 We will process your personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR).

11.2 We will only use your personal data as necessary to provide the Services and as otherwise set out in our Privacy Policy.

11.3 You agree to comply with applicable data protection laws in relation to any personal data provided to us.

11.4 For client websites using forms or collecting personal data, you are typically the data controller, and you must ensure appropriate privacy notices and data processing agreements are in place.

12. CONFIDENTIALITY

12.1 Both parties agree to keep confidential any information of the other party marked as confidential or which would reasonably be considered confidential.

12.2 This obligation does not apply to information that:

• Is or becomes publicly known other than through a breach of this clause.
• Was known to the receiving party before disclosure.
• Is required to be disclosed by law or regulatory authority.

12.3 This obligation survives termination of our agreement.

13. TERMINATION

13.1 Either party may terminate our agreement immediately if:

• The other party commits a material breach that is not remedied within 30 days of written notice.
• The other party becomes insolvent or subject to similar proceedings.

13.2 Upon termination:

• You will pay all outstanding fees for services rendered up to the termination date.
• We will deliver to you any completed Deliverables for which payment has been received.
• Ongoing services such as hosting will cease unless alternative arrangements are made.

14. FORCE MAJEURE

14.1 Neither party shall be liable for delays or failures to perform obligations due to circumstances beyond their reasonable control.

14.2 The affected party shall promptly notify the other party and take reasonable steps to mitigate the effects.

15. COMPLAINTS HANDLING

15.1 If you are dissatisfied with our Services, please contact us at rob@bluepenguin.digital with details of your complaint.

15.2 We will acknowledge your complaint within 2 business days and provide a full response within 14 days.

15.3 If we cannot resolve your complaint to your satisfaction, you may have the right to refer the matter to an alternative dispute resolution service.

16. GOVERNING LAW AND JURISDICTION

16.1 These Terms are governed by the laws of England and Wales.

16.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

17. GENERAL

17.1 Entire Agreement: These Terms constitute the entire agreement between us and supersede all previous agreements relating to the subject matter.

17.2 Assignment: You may not assign your rights or obligations under these Terms without our prior written consent.

17.3 Third Party Rights: No one other than a party to these Terms has any right to enforce any term.

17.4 Severability: If any part of these Terms is found to be invalid or unenforceable, the remainder shall remain valid and enforceable.

17.5 Waiver: A failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

17.6 Notices: Any notice given under these Terms shall be in writing and sent to the email or postal address provided by the other party.

18. CHANGES TO THESE TERMS

18.1 We may update these Terms from time to time by posting the new version on our website.

18.2 Material changes to ongoing contracts will be communicated directly to affected clients.

18.3 Your continued use of our Services after changes to these Terms constitutes acceptance of the updated Terms.

19. CONTACT INFORMATION

19.1 Blue Penguin Digital is based in Yorkshire, United Kingdom.

19.2 You can contact us at:

• Email: rob@bluepenguin.digital
• LinkedIn: https://www.linkedin.com/company/blue-penguin-digital
• Discord: https://discord.gg/UfvSDbeJsy
• Facebook: https://www.facebook.com/people/Blue-Penguin-Digital-Digital-Excellence-Penguin-Style/61571782812415/

Last updated: 14th May 2025