Terms of Service

1. Agreement to Terms

By accessing or using the services provided by Penguin Pacific Ltd ("PPL", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services.

2. Services

PPL provides digital marketing, website development, ICT solutions, graphic design, printing, and related services. The specific services, deliverables, and terms for each project will be outlined in a separate service agreement or proposal.

3. Client Responsibilities

As a client, you agree to:

• Provide accurate and complete information as required for service delivery
• Provide timely feedback and approvals as needed
• Ensure you have the rights to any content you provide to us
• Pay for services according to the agreed payment terms
• Not use our services for any unlawful purposes

4. Payment Terms

Payment terms will be specified in individual service agreements. General terms include:

• A deposit may be required before work commences
• Invoices are due within 14 days of issuance unless otherwise agreed
• Late payments may incur additional charges
• All prices are quoted in Papua New Guinea Kina (PGK) unless otherwise stated
• Recurring services are billed monthly in advance

5. Intellectual Property

Upon full payment, clients receive ownership of final deliverables as specified in the service agreement. PPL retains ownership of:

• All preliminary concepts and drafts not selected for final delivery
• Proprietary tools, templates, and methodologies
• Any pre-existing intellectual property used in deliverables

We reserve the right to showcase completed work in our portfolio unless confidentiality is agreed upon in writing.

6. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the engagement. This obligation survives the termination of any service agreement.

7. Warranties and Disclaimers

PPL will perform services with reasonable skill and care. However:

• We do not guarantee specific results from marketing or SEO services
• Website hosting and related services are provided "as is" with reasonable uptime
• Third-party services and platforms are subject to their own terms
• We are not liable for delays caused by factors beyond our control

8. Limitation of Liability

To the maximum extent permitted by law, PPL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from or related to our services. Our total liability shall not exceed the amount paid by you for the specific service giving rise to the claim.

9. Termination

Either party may terminate services with written notice as specified in the service agreement.

• Client remains responsible for payment for work completed up to termination
• For recurring services, 30 days notice is required unless otherwise agreed
• PPL may terminate immediately for non-payment or breach of terms

10. Dispute Resolution

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good faith negotiation. If resolution cannot be reached, disputes shall be submitted to mediation in Port Moresby, Papua New Guinea. The laws of Papua New Guinea shall govern these Terms.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after changes constitutes acceptance of the modified Terms.

12. Contact Information

For questions about these Terms, please contact us: