By placing an order with Penguin Shops, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions:

In this agreement the terms have the following meanings:

(a) “The Client” means any person, company, partnership, organisation or body at whose application, Penguin Shops agrees to to provide the products and/or services under the terms of the agreement.
(b) “The Agreement” means the contract between Penguin Shops and the Client to which these conditions will apply.
(c) “Order” is the request by the Client for products and/or services in the order form/agreement

Scope: This agreement shall apply to all goods and/or services ordered by the client from Penguin Shops.

Payment: An upfront payment of 100% of the total fee is due with order. Whilst any payment due under the agreement remains outstanding, Penguin Shops shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. All payments by cheque, bankers draft or money order must be made in pounds sterling. All credit card and debit card transactions will be processed in pounds sterling.

Hosting:  Each site comes with one years free hosting which commences on the date payment is made to Penguin Shops.  Renewal of hosting thereafter is due on a yearly or half yearly basis - to be agreed with Penguin Shops.  Payment for this renewal must be made within 14 days or Penguin Shops will cease all hosting on the site.

Liability: Penguin Shops hereby excludes itself, its Employees and/or it Agents from all and any liability for loss or damage caused by any inaccuracy; omission; delay or error, whether the result of negligence or other cause in the production of the web site; All and any liability for loss or damage to clients artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

Copyright: Any web page; design or entire site designed by Penguin Shops carries a copyright, and cannot be reproduced without written consent. The placing of an order by the client or other person/Agency on behalf of the client constitutes a guarantee that all necessary authority and permissions have been obtained in respect of the artwork, design and photographs, for use in the advertisement. The Advertiser/customer must indemnify Penguin Shops in respect of all actions; proceedings; costs demands and claims arising from any such breach.

Precautions: Advertisements must comply with the Business Advertisements (Disclosure) Order 1997 and the Trade Descriptions Act 1968.

Refunds: Cancellations must be made within 5 days of the client viewing the completed web site otherwise no refund can be made. Cancellations made within 5 days, may be subject to a charge, if expenses have been incurred in respect of additional expenses from third parties including but not limited to: stock photography; electronic commerce software; online transaction processing solutions; domain name registration; web space; Internet connection. Where possible third party products will not be purchased until the design has been approved. All such cancellations must be in writing within 3 days of the client viewing the completed web site, otherwise refunds will not be entertained.

Acceptance of Conditions: The placing of an order will confirm acceptance of the aforementioned conditions. Conditions stipulated on our Order Form shall be regarded as void, if they are in conflict with our conditions.

Law: These conditions and all other express terms of contract shall be governed and construed in accordance with the laws of England.

Severability: In the event any one or more of the provisions of this Agreement and/or Order Form shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement and/or Order Form shall be unimpaired and the Agreement and/or Order Form shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.