Terms & Conditions

These Terms & Conditions ("Terms") govern your use of the website thedigitalpenguin.net and the services provided by The Digital Penguin ("we", "us", or "our"). By using our website or engaging our services, you agree to these Terms.

1. Use of our website

You may use our website for lawful purposes only. You agree not to misuse the site, attempt to gain unauthorised access, interfere with its operation, or use it in any way that could damage or impair the site or others' use of it.

2. Our services

We provide digital marketing and e-commerce services including SEO, website development, lead generation, Google and Meta advertising, keyword research, and marketplace store management for platforms such as Amazon, Shopify, Walmart, TikTok Shop, eBay, and Etsy. The specific scope of any engagement is defined in the proposal or agreement we provide to you.

3. Quotes, fees, and payment

Quotes are based on the information you provide and the scope agreed at the time. Fees, payment schedules, and any recurring charges are set out in your proposal or invoice. Unless otherwise agreed in writing, invoices are due within the period stated on the invoice. Late or non-payment may result in suspension of work.

4. Client responsibilities

To deliver our services effectively, we rely on you to provide accurate information, timely feedback, and any access, accounts, or materials we reasonably need. Delays in providing these may affect timelines and delivery.

5. Intellectual property

All content on this website — including text, graphics, logos, and design — is owned by or licensed to The Digital Penguin and is protected by intellectual property laws. You may not reproduce or reuse it without our permission. Ownership of work produced for clients is addressed in the relevant project agreement; typically, rights transfer to the client upon full payment, unless stated otherwise.

6. Deliverables and revisions

The number of revisions, milestones, and deliverables for a project are defined in your proposal. Additional work outside the agreed scope may be quoted separately. We aim to meet agreed timelines but are not liable for delays caused by factors outside our reasonable control, including delays in receiving materials or approvals from you.

7. Third-party platforms

Our services often involve third-party platforms and tools (for example Google, Meta, Amazon, Shopify, and others). Your use of those platforms is subject to their own terms and policies. We are not responsible for changes, outages, account actions, or policy decisions made by those platforms.

8. Warranties and disclaimers

We provide our services with reasonable skill and care. However, results in areas such as search rankings, ad performance, and sales depend on many factors outside our control, and we do not guarantee specific outcomes. Our website and its content are provided on an "as is" basis without warranties of any kind, to the fullest extent permitted by law.

9. Limitation of liability

To the fullest extent permitted by law, The Digital Penguin will not be liable for any indirect, incidental, or consequential losses, or for loss of profits, revenue, or data, arising from your use of our website or services. Where liability cannot be excluded, it is limited to the amount you paid us for the relevant services.

10. Term and termination

Either party may end an engagement in line with the notice terms set out in the relevant agreement. Fees for work completed up to the termination date remain payable. We may suspend or end services if these Terms or a project agreement are breached.

11. Governing law

These Terms are governed by the laws applicable at our principal place of business, without regard to conflict-of-law rules. Any disputes will be handled in the appropriate courts of that jurisdiction, unless otherwise agreed in a signed project agreement.

12. Changes to these Terms

We may update these Terms from time to time. The current version will always be posted on this page with an updated date. Continued use of our website or services after changes take effect constitutes acceptance of the revised Terms.

13. Contact us

For any questions about these Terms, contact us at info@thedigitalpenguin.net, call +1 (646) 262-7158, or message us on WhatsApp.