Terms & Conditions

Last updated: March 17, 2026 · Effective immediately

By accessing our website or engaging our services, you agree to these Terms & Conditions in full. Please read them carefully before proceeding. If you do not agree with any part of these terms, you should not use our services.

Acceptance of Terms

These Terms & Conditions ("Terms") govern your use of the penguin advisory group website located at penguinadvisorygroup.com ("Site") and any services provided by Penguin Advisory Group ("Company," "we," "us," or "our").

By accessing our Site, booking a call, signing a proposal, or engaging our services in any capacity, you ("Client," "you," or "your") agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and Penguin Advisory Group.

If you are entering into these Terms on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

Services

Penguin Advisory Group provides digital marketing services including:

Marketing funnel and website design and development
Paid advertising management (Google Ads, Meta Ads)
CRM setup, automation, and CRM configuration
Lead generation systems and pipeline management
Email and SMS marketing automation
Consulting and strategy services
Staffing

The specific scope of services, deliverables, timelines, and pricing will be outlined in a separate proposal or service agreement provided to you prior to project commencement. In the event of any conflict between these Terms and a signed service agreement, the service agreement shall take precedence.

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to affected clients.

Payment & Fees

All pricing is outlined in your proposal or service agreement. By signing a proposal or making a payment, you agree to the fees listed.

Invoices: Payment is due upon receipt unless otherwise stated in your agreement
Late payments: Invoices unpaid beyond 7 days of the due date may result in a pause of services
Recurring fees: Any subscription or retainer fees will be billed on the agreed billing cycle
Third-party costs: Ad spend, software subscriptions, and other third-party costs are separate from our service fees and are the client's
responsibility unless otherwise agreed
Currency: All fees are charged in US Dollars (USD) unless otherwise specified

We reserve the right to adjust our pricing with 30 days' written notice for ongoing service agreements.

Refund Policy

Due to the nature of digital services, all payments made to Penguin Advisory Group are generally non-refundable once work has commenced. Please review all proposals carefully before making payment.

Refunds may be considered under the following circumstances:

Work has not yet begun and a written cancellation request is submitted within 48 hours of payment
Penguin Advisory Group fails to deliver the agreed-upon services within the stated timeline due to our own error or negligence
A mutual agreement to terminate the project is reached before completion

Any approved refunds will be issued within 10 business days to the original payment method. Partial refunds may be issued at our discretion based on the amount of work completed.

Dissatisfaction with results, changes in business direction, or failure to provide required materials in a timely manner do not qualify as grounds for a refund.

Client Responsibilities

To ensure the successful delivery of services, you agree to:

Provide accurate, complete, and up-to-date information necessary for project completion
Respond to requests for feedback, approvals, and materials within a reasonable timeframe (typically 3–5 business days)
Grant Penguin Advisory Group necessary access to platforms, accounts, and tools required to perform the services
Ensure all content, materials, and assets provided to us do not infringe on any third-party intellectual property rights
Maintain active accounts for any third-party platforms required for the services (e.g., ad accounts, CRM subscriptions)
Make timely payments in accordance with the agreed payment schedule

Delays caused by a failure to meet these responsibilities may result in adjusted timelines and are not grounds for a refund.

Intellectual Property

Our property: All processes, methodologies, templates, frameworks, and proprietary systems developed by Penguin Advisory Group remain our exclusive intellectual property.
These are licensed to you for use within your business during the term of our engagement but are not transferred to you.
Your property: All content, branding assets, and materials you provide to us remain your intellectual property at all times.
Deliverables: Upon receipt of full payment, ownership of custom deliverables created specifically for your project (such as website designs, ad creatives, and copy) will transfer to you, except for any underlying tools, templates, or frameworks used in their creation.
Portfolio use: Unless you request otherwise in writing, we reserve the right to showcase completed work in our portfolio, case studies, and marketing materials.

Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of our engagement ("Confidential Information").

Confidential Information includes but is not limited to business strategies, financial data, customer lists, pricing structures, and any information marked as confidential.

This obligation does not apply to information that:

Is or becomes publicly available through no fault of the receiving party
Was already known to the receiving party prior to disclosure
Is required to be disclosed by law or court order

This confidentiality obligation survives the termination of our engagement for a period of two (2) years.

Limitation of Liability

To the fullest extent permitted by applicable law, Penguin Advisory Group shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, revenue, or business opportunities
Loss of data or business information
Damages resulting from third-party platform changes, outages, or policy updates
Results of advertising campaigns, including ad spend losses

Our total liability to you for any claims arising out of or relating to these Terms or our services shall not exceed the total fees paid by you to Penguin Advisory Group in the three (3) months preceding the claim.

We do not guarantee specific results from our marketing services. Results vary based on industry, market conditions, ad spend, and other factors outside our control.

Disclaimers

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

We do not warrant that:

Loss of profits, revenue, or business opportunities
Loss of data or business information
Damages resulting from third-party platform changes, outages, or policy updates
Results of advertising campaigns, including ad spend losses

We do not guarantee specific results from our marketing services. Results vary based on industry, market conditions, ad spend, and other factors outside our control.

Termination

Either party may terminate the service engagement with 30 days' written notice unless otherwise specified in your service agreement.

Termination by client: You may terminate at any time with written notice. You remain responsible for payment of all work completed up to the termination date. No refunds will be issued for work already performed.

Termination by Penguin Advisory Group: We reserve the right to terminate our engagement immediately and without notice if:

Payment is more than 14 days past due
You engage in abusive, threatening, or unlawful conduct
You request work that violates applicable laws or platform policies
Continuation of the engagement would conflict with our values or business practices

Upon termination, all access credentials and account permissions granted to Penguin Advisory Group should be revoked by the client within 5 business days.

Changes to Terms

We reserve the right to update or modify these Terms at any time. When we do, we will update the "Last updated" date at the top of this page.

For existing clients under active service agreements, material changes to these Terms will be communicated via email with at least 14 days' notice before taking effect.

Your continued use of our website or services after changes are posted constitutes your acceptance of the updated Terms.

SMS Messaging Terms & Compliance

Program Description: Penguin Advisory Group sends appointment confirmations, reminders, marketing updates, and customer support messages to users who have explicitly opted in via our web forms.

Cancellation: You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

Support: If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected].

Carrier Liability: Carriers are not liable for delayed or undelivered messages.

Message & Data Rates: As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Privacy Policy: If you have any questions regarding privacy, please read our privacy policy: https://nomadstudioma.com/privacy-1479