Terms & Conditions - Blue Penguin Digital

1. General Information

1.1 These Terms and Conditions ("Terms") apply to all sales and services provided by Blue Penguin Digital ("we," "us," "our") to our customers ("you," "your").

1.2 By engaging our website development and digital services, you agree to be bound by these Terms.

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

2. Products and Services

2.1 We provide professional website development services through three main packages:

Basic Landing Page Package: Professional single-page website files with essential features
Enhanced Multi-Page Package: Comprehensive 5-page website files with advanced features
Premium Managed Package: Full-service website solution with hosting and maintenance

2.2 Service specifications and features are subject to change to accommodate technological advancements or market requirements.

2.3 Custom development services beyond our standard packages are available and will be quoted based on specific requirements.

2.4 SEO optimization varies by package:

Basic Package: Basic on-page SEO structure in website files
Enhanced Package: Enhanced on-page SEO structure with Analytics integration readiness
Premium Package: Full SEO implementation with ongoing optimization

2.5 Hosting Services:

Professional hosting services are available through our trusted partner for all packages
Hosting costs are separate from package prices and depend on specific requirements
Domain name availability and registration are subject to additional fees
Premium Package includes hosting in the annual subscription

2.6 Technical Setup and Implementation:

Basic & Enhanced Packages: Files provided ready for hosting setup, technical knowledge or assistance required
Premium Package: Complete technical setup and ongoing management included
Contact form implementation requires hosting and email configuration
Analytics integration requires appropriate account access and setup

2.7 You are responsible for providing all content, including text, images, and media, in a timely manner to enable project completion. Delays in content submission may impact delivery timelines.

3. Web Applications and Database Services

3.1 Web Applications

Custom web applications are developed according to agreed specifications and requirements
Development includes thorough testing, security implementation, and documentation
Applications are delivered with source code and deployment instructions
Ongoing maintenance and updates are available through separate service agreements
CRM systems, booking systems, inventory management, and custom dashboards are developed to industry standards
Integration with third-party services and APIs is subject to their respective terms and conditions
Mobile responsiveness and cross-browser compatibility are ensured for web applications

3.2 Desktop Applications

Desktop applications are developed for Windows platforms unless otherwise specified
Business tools, automation software, and data processing applications include installation documentation
Python scripting services are provided with source code and documentation
Applications are tested for compatibility with specified operating system versions
Updates and patches are provided for security and functionality improvements
Custom features and integrations are developed according to specific requirements

3.3 Database Services

Database design and implementation follow industry best practices
Services include data migration, optimization, and backup solutions
Regular maintenance ensures data integrity and optimal performance
Security measures include encryption and access control implementation
Support for both SQL and NoSQL database systems
Data warehousing and analytics solutions available upon request

3.4 Service Level Agreements

Response times for critical issues: Within 4 business hours
Regular maintenance windows are scheduled to minimize disruption
Monthly performance reports and optimization recommendations
24/7 monitoring for Premium service clients
Dedicated support channels for application services
Quarterly security audits and updates

3.5 Data Management and Security

All data handling complies with UK GDPR requirements
Regular backups are maintained with 30-day retention
Data recovery services are available when needed
Client data remains their property and is handled confidentially
Encryption at rest and in transit for sensitive data
Access control and user authentication implementation

3.6 Development Process

Agile development methodology with regular client updates
Staged development with client review and approval points
Quality assurance testing at each development phase
Comprehensive documentation provided upon completion
Source code version control and management
Knowledge transfer and training sessions included

3.7 Intellectual Property

Custom application source code ownership is transferred upon final payment
Third-party libraries and components remain under their respective licenses
Client data and business logic remain client property
Reusable components and frameworks remain property of Blue Penguin Digital

3.8 Maintenance and Support

Standard support package includes 3 months post-deployment support
Extended support packages available on annual subscription basis
Bug fixes and security updates provided during support period
Feature enhancements quoted separately from support packages
Regular system health checks and performance optimization

4. Project Timeline and Delivery

4.1 Project timelines vary by package:

Basic Landing Page: Typically 1-2 weeks from content receipt
Enhanced Multi-Page: Usually 2-4 weeks from content receipt
Premium Managed: 3-6 weeks depending on complexity

4.2 All websites undergo thorough testing before delivery to ensure quality and functionality.

4.3 We are not responsible for delays caused by incorrect information or late approvals provided by you.

4.4 Hosting and domain setup:

Basic & Enhanced: Optional setup assistance available
Premium: Full hosting and domain management included

4.5 SSL certificates are included in all packages for secure website operation.

5. Support and Maintenance

5.1 Support duration varies by package:

Basic Package: 3 months standard support
Enhanced Package: 6 months comprehensive support
Premium Package: Ongoing priority support with annual renewal

5.2 Support includes:

Technical issue resolution
Content updates assistance
Security monitoring (Premium only)
Performance optimization (Premium only)

5.3 Premium package maintenance includes:

Monthly security updates
Regular performance monitoring
Backup management
Uptime monitoring

5.4 We are not liable for issues arising from modifications made to the website by you or third parties.

5.5 Additional support and maintenance services can be purchased separately for Basic and Enhanced packages.

6. Licensing and Usage

6.1 All Products are licensed, not sold, and remain our intellectual property.

6.2 Upon purchase, you are granted a non-exclusive, non-transferable licence to use the Product solely for personal or business purposes.

6.3 Redistribution, resale, or sublicensing of our Products is strictly prohibited unless explicitly agreed in writing.

7. Pricing and Payment Terms

7.1 Package Pricing

Basic Landing Page Package: £350 (one-time payment for website files)
Enhanced Multi-Page Package: £875 (one-time payment for website files)
Premium Managed Package: Custom pricing with annual subscription (includes hosting)

7.2 Additional Services

Professional hosting services available through our partner
Hosting costs vary based on requirements and domain name availability
Domain registration and SSL certificates priced separately
Additional technical support available at hourly rates
Content updates and maintenance packages available

7.3 Payment Structure

Basic and Enhanced packages require full payment before file delivery
Premium package billed annually with initial setup fee
Hosting services billed monthly or annually
Additional services billed as agreed in service contract

7.4 Payment Methods

We accept bank transfers in GBP
All prices are exclusive of VAT where applicable
Bank charges or currency conversion fees are the client's responsibility

7.5 Late Payments

Late payments may result in service suspension
Hosting and maintenance services will be paused if renewal payments are not received by the due date
A late payment fee of 8% plus Bank of England base rate may be charged on overdue amounts

7.6 Refund Policy

Website package payments are non-refundable once work has commenced
Hosting fees are non-refundable once the service period has started
Domain registration fees are non-refundable
Partial refunds may be considered for incomplete Premium package periods

8. Delivery

8.1 Website Delivery

Websites will be delivered through a staging environment for review and testing
Final website deployment will occur after approval and final payment
For Premium package clients, hosting and domain management are included in the annual service fee
SSL certificates are included in all packages for secure website operation

8.2 Desktop Application Delivery

Desktop applications and associated files will be delivered via secure SFTP
Access credentials will be provided securely to the designated project contact
Installation documentation and user guides included in delivery
Source code and development documentation delivered upon final payment

8.3 Web Application Delivery

Web applications can be delivered via SFTP for self-hosting scenarios
Optional hosting services can be arranged with third-party providers at client's expense
Hosting packages include SSL, security updates, and regular backups
Deployment instructions provided for self-hosted applications
Database migration and setup assistance included in delivery
Any third-party hosting, domain, or SSL certificate costs are client responsibility

8.4 General Delivery Terms

All deliverables undergo thorough testing before handover
We are not responsible for delays caused by incorrect information or late approvals
Access credentials are provided via secure channels only
Post-delivery support provided according to agreed service terms

9. Refunds and Cancellations

9.1 Development fees are non-refundable once work has commenced.

9.2 Cancellations must be communicated in writing, and charges for completed work will apply.

9.3 For Premium package clients, hosting and maintenance fees are non-refundable once the service period has started.

9.4 Refunds or cancellations for third-party services (domains, additional hosting) are subject to the respective provider's policies.

10. Support and Maintenance

10.1 Website Support

Support is provided according to your package terms as outlined in Section 5
Additional maintenance and support can be purchased for Basic and Enhanced packages
Premium package clients receive priority support and ongoing maintenance

10.2 Application Support

Standard 3-month bug fix warranty included for all applications
Critical security updates provided during support period
Remote assistance available during UK business hours
Emergency support available for production issues
User training sessions available upon request

10.3 Service Level Agreement

Critical issues: 4-hour response time
Major issues: 8-hour response time
Minor issues: 24-hour response time
Enhancement requests: 48-hour response time

10.4 Maintenance Windows

Scheduled maintenance performed during off-peak hours
Minimum 48-hour notice for planned maintenance
Emergency maintenance may be performed with shorter notice for critical updates

11. Data Management and Security

11.1 Data Ownership

All client data remains the property of the client
Data exports provided in standard formats upon request
Complete data handover upon contract termination

11.2 Data Security

Industry-standard encryption for data in transit and at rest
Regular security audits and penetration testing
Access controls and authentication mechanisms implemented
Secure backup systems with 30-day retention (storage costs may apply)
Additional backup retention or storage requirements at client's expense

11.3 Data Processing

All data processing compliant with UK GDPR regulations
Data processing agreements available upon request
Transparent data handling and storage practices
No data sharing with third parties without explicit consent

12. Application-Specific Terms

12.1 Integration Services

Third-party API integration subject to provider terms
Integration maintenance dependent on API availability
All third-party API subscription costs are the sole responsibility of the client
Clients must procure and maintain their own API subscriptions and licenses
We will provide guidance on API selection and purchasing process
Integration work will commence only after client has secured necessary API access
Custom integration development quoted separately
We are not liable for any changes in third-party API pricing or availability
Any costs associated with API usage, data transfer, or storage are client responsibility

12.2 Performance Standards

Applications optimized for agreed user load
Performance metrics defined in requirements based on client's infrastructure
Regular performance monitoring and optimization
Scalability recommendations provided as needed (implementation costs not included)
Additional infrastructure or resource costs for scaling are client responsibility

12.3 Updates and Versioning

Major version updates require client approval
Security patches applied automatically during support period
Version compatibility maintained for supported period
Deprecation notices provided 6 months in advance

12.4 Intellectual Property

Custom code ownership transfers upon final payment
Core framework and libraries remain our property
Client retains rights to custom business logic
License terms apply to third-party components

13. Liability and Indemnification

13.1 We are not responsible for any indirect, incidental, or consequential damages resulting from the use or inability to use our Products.

13.2 Our total liability shall not exceed the price paid for the Product or service in question.

14. Dispute Resolution

14.1 Initial Resolution Process

All disputes will first be addressed through direct communication
Written notice of dispute must be provided with detailed description
30-day cooling-off period for negotiation and resolution
Both parties agree to act in good faith to resolve disputes

14.2 Mediation

If direct negotiation fails, parties agree to seek mediation
Mediator to be jointly selected from accredited UK mediation service
Mediation costs to be shared equally unless otherwise agreed
Mediation to take place in London, UK or via video conference

14.3 Legal Proceedings

Legal action may only be initiated after mediation attempt
All disputes subject to exclusive jurisdiction of English courts
English law governs all aspects of our agreement
Small claims may be handled through UK small claims court

15. Privacy and Data Protection

15.1 Data Collection and Usage

Personal data collected only for specified, explicit purposes
Data minimization principle applied to all collections
Regular privacy impact assessments conducted
Privacy by design approach in all development
IP addresses are collected and stored solely for security monitoring and threat detection purposes
IP addresses are used to identify and prevent potential security threats, including DDoS attacks and unauthorized access attempts
We do not sell, trade, or share IP address information with third parties
IP address logs are maintained in accordance with our security protocols and relevant data protection regulations

15.2 Data Subject Rights

Right to access personal data
Right to rectification of inaccurate data
Right to erasure ('right to be forgotten')
Right to restrict processing
Right to data portability
Right to object to processing

15.3 International Data Transfers

Data transfers outside UK/EEA subject to appropriate safeguards
Standard contractual clauses implemented where required
Regular review of international transfer mechanisms
Transparency about locations of data processing

15.4 Data Retention

Personal data retained only as long as necessary
Regular data audits and cleanup procedures
Secure data destruction when retention period ends
Documentation of retention periods by data category

15.5 Cookie Policy

Essential cookies used for website functionality
Analytics cookies subject to user consent
No third-party marketing cookies without explicit consent
Regular review of cookie necessity and purpose

16. Modifications to Terms

16.1 We reserve the right to amend these Terms at any time. Updated Terms will be posted on our website, and continued use of our Products signifies acceptance of any changes.

17. Contact Information

If you have questions or concerns regarding these Terms, you can contact us at:

Email: rob@bluepenguin.digital

Terms, Conditions & Service Agreement