Terms and Conditions

These Terms and Conditions ("Agreement") govern your access to and use of the services provided by WPenguin ("WPenguin", "we", "us" or "our"), currently operated by an individual trading as WPenguin, pending formal incorporation. By accessing or using our services, you ("Customer", "you" or "your") agree to be bound by this Agreement in full. If you do not agree, you must not use our services.

WPenguin reserves the right to update the registered trading details and legal entity information in this Agreement upon incorporation without requiring further acceptance from existing customers, provided the terms themselves remain materially unchanged.

1. Definitions

In this Agreement, the following terms have the meanings set out below:

"Acceptable Use Policy (AUP)" means the rules governing permitted and prohibited use of the Services as set out in clause 7.

"Agreement" means these Terms and Conditions together with any Order Form, plan details, or other documents expressly incorporated by reference.

"Customer Data" means all data, content, and materials uploaded, stored, or processed by you through the Services.

"Fees" means the charges payable by you for the Services as published on our website or agreed at the time of subscription.

"Intellectual Property Rights" means patents, copyrights, trademarks, trade secrets, database rights, and all other intellectual or industrial property rights, whether registered or not.

"OpenClaw" means the AI-powered chat and assistant service integrated into the WPenguin platform.

"Order Form" means any subscription, sign-up, or checkout process through which you select a plan and provide payment details.

"Services" means managed WordPress hosting (including per-customer VPS provisioning) and AI chat support via OpenClaw, as described in clause 3.

"UK GDPR" means the UK General Data Protection Regulation as retained in UK law following the European Union (Withdrawal) Act 2018, together with the Data Protection Act 2018.

"VPS" means a Virtual Private Server provisioned exclusively for your use as part of the managed hosting service.

2. Acceptance and Formation of Agreement

2.1 How the Agreement is Formed

This Agreement is formed when you complete an Order Form and we confirm your subscription by email or by granting you access to the Services. You must be at least 18 years of age to enter into this Agreement.

2.2 Business Customers

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to this Agreement. References to "you" shall then refer to that entity.

2.3 Consumer Customers

If you are a consumer (an individual acting outside of a trade, business, craft or profession), you have additional statutory rights that are not affected by this Agreement, including rights under the Consumer Rights Act 2015 and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Nothing in this Agreement limits those rights.

3. Description of Services

3.1 Managed WordPress Hosting

WPenguin provides managed WordPress hosting on a dedicated VPS provisioned for each customer. This includes server provisioning, WordPress installation and configuration, Docker-based site management via EasyEngine, and ongoing server-level maintenance.

3.2 OpenClaw AI Chat Support

WPenguin provides access to OpenClaw, an AI-powered chat assistant integrated into the customer portal. OpenClaw may assist with common WordPress and hosting queries. Responses generated by OpenClaw are provided on an informational basis only and do not constitute professional advice. We do not guarantee the accuracy or completeness of any AI-generated content.

3.3 Service Availability

We endeavour to maintain reasonable availability of the Services. We do not offer a formal uptime Service Level Agreement (SLA). We will use commercially reasonable efforts to minimise downtime, including for scheduled maintenance. Where possible, scheduled maintenance will be communicated in advance by email.

3.4 Service Changes

We reserve the right to modify, enhance, or discontinue any feature or element of the Services at any time. Where a change materially reduces the Services, we will endeavour to notify you by email with reasonable advance notice. Your continued use of the Services following any change constitutes acceptance of the updated Services.

4. Subscription, Fees and Payment

4.1 Subscription Model

The Services are offered on a monthly rolling subscription basis. Your subscription begins on the date your Order Form is completed and access is granted. Subscriptions renew automatically each calendar month unless cancelled in accordance with clause 9.

4.2 Fees

Fees are as set out on our website at the time of subscription. All Fees are stated in pounds sterling (GBP) and, where applicable, are inclusive of UK VAT. We will clearly state any applicable VAT at the point of sale.

4.3 Payment Method

All payments are processed via Stripe. By providing your payment card details, you authorise WPenguin to charge your card the applicable Fees on a recurring monthly basis. Your payment details are processed and stored securely by Stripe in accordance with their privacy policy and PCI-DSS standards. WPenguin does not store your full card details.

4.4 Billing Date

Your billing date is the same calendar date each month as your original subscription date. Where a month does not contain that date (e.g. the 31st), billing will occur on the last day of that month.

4.5 Failed Payments

If a payment fails, we will notify you by email. You will have a grace period of 7 calendar days from the failed payment date to update your payment details and settle the outstanding amount. If payment is not received within this period, we reserve the right to suspend access to the Services without further notice. Services will be restored promptly upon successful payment.

4.6 Price Changes

We reserve the right to change our Fees. We will provide you with at least 30 days' written notice (by email) of any Fee changes. If you do not wish to continue at the new price, you may cancel your subscription before the new pricing takes effect in accordance with clause 9. Continued use of the Services after the effective date of a price change constitutes your acceptance of the new Fees.

4.7 No Refunds

All Fees are non-refundable. No refunds or credits will be issued for partial months of service, unused periods following cancellation, or any downtime not caused by our wilful default. This does not affect your statutory rights as a consumer.

5. Backups and Data Recovery

5.1 Backup Provision

WPenguin performs weekly backups of your hosted WordPress environment. Backups are retained for a reasonable period to allow restoration in the event of a technical failure.

5.2 Limitations

While we endeavour to maintain backups reliably, backups are provided as a best-effort service and are not guaranteed. We strongly recommend that you maintain your own independent backups of all Customer Data. WPenguin shall not be liable for any loss of data where the cause is attributable to your actions, including actions that corrupt or delete data between backup intervals.

5.3 Restoration

Restoration of backups may be requested by contacting us via email. We will use reasonable efforts to carry out restoration requests in a timely manner. Restoration may incur additional charges if the request falls outside standard managed support.

6. Customer Responsibilities

6.1 Account Security

You are responsible for maintaining the security and confidentiality of your account credentials. You must notify us immediately if you suspect any unauthorised access to or use of your account. We shall not be liable for any loss or damage arising from your failure to maintain adequate account security.

6.2 Accurate Information

You must provide accurate and complete information when registering for the Services and must promptly update your account information if it changes, including billing and contact details.

6.3 Responsibility for Content

You are solely responsible for all Customer Data uploaded, published, or otherwise made available through your hosted WordPress site. You warrant that you have all necessary rights, licences and consents to upload such content and that its upload and use does not infringe any third-party Intellectual Property Rights, laws or regulations.

6.4 WordPress Management

While we manage the server-level environment, you remain responsible for keeping your WordPress themes, plugins, and core installation updated unless managed updates have been expressly agreed in writing. Outdated software is a common cause of security compromise, and we shall not be liable for breaches arising from your failure to keep software updated.

7. Acceptable Use Policy

7.1 Permitted Use

The Services may only be used for lawful purposes and in accordance with this Agreement. You agree to use the Services in good faith and in a manner that does not impair the operation of our infrastructure or adversely affect other customers.

7.2 Prohibited Activities

You must not use the Services, or allow the Services to be used, for any of the following:

• Sending unsolicited bulk or commercial email (spam), or using the Services as a relay for email marketing without the consent of recipients in compliance with applicable law;
• Hosting, transmitting, distributing, or publishing any content that is unlawful, defamatory, obscene, threatening, harassing, or that infringes any third-party rights;
• Carrying out or facilitating any cryptocurrency or blockchain mining, validation, or related computational activity;
• Introducing malware, viruses, ransomware, spyware, or any other malicious or disruptive code;
• Attempting to gain unauthorised access to any part of our systems, networks, or the accounts of other customers;
• Engaging in any activity that places an unreasonable or disproportionate load on our infrastructure;
• Violating any applicable law or regulation, including data protection, intellectual property, or export control laws.

7.3 Consequences of Breach

Breach of this Acceptable Use Policy constitutes a material breach of this Agreement and may result in immediate suspension or termination of your Services without refund, at our sole discretion. Where appropriate, we may also report the activity to relevant law enforcement authorities.

8. Suspension of Services

In addition to suspension for payment failure (clause 4.5) and AUP breach (clause 7.3), we reserve the right to suspend the Services temporarily at any time:

• for scheduled or emergency maintenance;
• where required by law or instruction of a regulatory or government authority;
• where we reasonably believe your account poses a security risk to our platform or other customers;
• where your use of the Services infringes or is alleged to infringe third-party Intellectual Property Rights.

We will endeavour to provide advance notice of any planned suspension where it is reasonably practicable to do so. Suspension does not relieve you of any payment obligations.

9. Cancellation and Termination

9.1 Cancellation by You

You may cancel your subscription at any time by notifying us by email. Cancellation will take effect at the end of the current billing month. You will retain access to the Services until the end of the paid period. No refunds will be issued for the remaining portion of the billing period.

9.2 Termination by Us

We may terminate this Agreement and your access to the Services immediately upon written notice (including by email) if:

• you commit a material breach of this Agreement that is incapable of remedy;
• you commit a material breach that is capable of remedy but fail to remedy it within 14 days of written notice;
• you become insolvent, enter administration, receivership, or any analogous process;
• we reasonably determine that continued provision of Services would expose us to legal liability.

9.3 Effect of Termination

Upon cancellation or termination, your right to access and use the Services ceases. We will retain your Customer Data for a period of 30 calendar days following the effective date of termination, during which you may request an export. After 30 days, all Customer Data will be permanently deleted from our systems. We accept no liability for the deletion of Customer Data following this period.

9.4 Survival

Clauses 7 (Acceptable Use), 10 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnity), 13 (Data Protection), and 19 (Governing Law) shall survive termination of this Agreement.

10. Intellectual Property Rights

10.1 WPenguin IP

All Intellectual Property Rights in the WPenguin platform, portal, OpenClaw integration, tooling, and associated software remain the sole property of WPenguin (or its licensors). Nothing in this Agreement transfers any such rights to you.

10.2 Customer IP

You retain all Intellectual Property Rights in your Customer Data. By using the Services, you grant WPenguin a limited, non-exclusive, royalty-free licence to host, store, process, and transmit your Customer Data solely as necessary to deliver the Services.

10.3 Feedback

If you provide feedback, suggestions, or ideas relating to the Services, you grant WPenguin a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without obligation or compensation to you.

11. Limitation of Liability

11.1 Exclusions

Nothing in this Agreement shall limit or exclude liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any other liability that cannot be limited or excluded by law.

11.2 Cap on Liability

Subject to clause 11.1, our total aggregate liability to you in connection with this Agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total Fees paid by you to WPenguin in the one (1) calendar month immediately preceding the event giving rise to the claim.

11.3 Excluded Losses

Subject to clause 11.1, we shall not be liable for: (a) loss of profits; (b) loss of revenue; (c) loss of business; (d) loss of anticipated savings; (e) loss of goodwill; (f) loss or corruption of data; (g) any indirect or consequential loss, howsoever arising.

11.4 Business Customers

If you are contracting as a business customer, clauses 11.2 and 11.3 set out the full extent of our liability to you. You acknowledge that these limitations are reasonable given the Fees charged.

11.5 Consumer Customers

If you are a consumer, the limitations in clauses 11.2 and 11.3 apply to the extent permitted by law. Your statutory rights under the Consumer Rights Act 2015 and other applicable consumer legislation are unaffected.

12. Indemnity

12.1 Your Indemnity

You agree to indemnify, defend, and hold harmless WPenguin and its officers, employees, agents, and contractors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• your use of the Services in breach of this Agreement;
• any content or Customer Data uploaded, transmitted, or published through your account;
• your infringement of any third-party Intellectual Property Rights, privacy rights, or other applicable laws;
• any claim by a third party arising from your website or online activities conducted through the Services.

12.2 Procedure

If we seek indemnification under this clause, we will: (a) notify you promptly in writing of the relevant claim; (b) give you reasonable control over the defence and settlement of the claim, provided you do not settle any claim that imposes liability or obligation on WPenguin without our prior written consent; and (c) provide you with reasonable assistance in defending the claim at your cost.

12.3 Consumer Customers

If you are a consumer, this clause applies only to the extent permitted by applicable law. Nothing in this clause is intended to impose obligations on consumers beyond those permitted under the Consumer Rights Act 2015 and other applicable consumer legislation.

13. Data Protection

13.1 Data Controller

WPenguin is the data controller for personal data collected in connection with the provision of the Services, including account registration details, billing information, and usage data. We process this data in accordance with our Privacy Policy, which is available on our website.

13.2 Lawful Basis

We process your personal data on the following lawful bases: (a) performance of a contract, for data necessary to provide the Services; (b) legitimate interests, for service improvement and fraud prevention; (c) legal obligation, where required by applicable law.

13.3 Your Rights

Under UK GDPR, you have the right to: access the personal data we hold about you; request correction of inaccurate data; request erasure of your personal data (subject to our legal obligations); object to or restrict processing; and data portability. To exercise any of these rights, please contact us at the email address set out in clause 20.

13.4 Data Retention

We retain your personal data for as long as necessary to fulfil the purposes for which it was collected, to comply with legal obligations, and to resolve disputes. Following termination, account and billing data is retained for a minimum of 6 years as required by UK accounting and tax law.

13.5 Third-Party Processors

We use Stripe to process payments and may use other third-party service providers in connection with the Services. These providers act as sub-processors and are bound by appropriate data protection obligations. A current list of sub-processors is available on request.

13.6 Customer Data

The data contained within your hosted WordPress site (visitor data, form submissions, etc.) is processed by WPenguin as a processor on your behalf. You are the data controller for this data and are responsible for ensuring that its collection and processing complies with applicable data protection law, including providing appropriate notices to your site visitors.

13.7 Security

We implement appropriate technical and organisational measures to protect personal data against unauthorised access, accidental loss, destruction, or damage. In the event of a personal data breach that is likely to result in a risk to your rights and freedoms, we will notify you without undue delay.

14. Confidentiality

Each party agrees to keep confidential any information disclosed by the other that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that: (a) is or becomes publicly available other than through breach of this clause; (b) was already known to the receiving party; (c) is required to be disclosed by law or regulatory authority. This clause survives termination for a period of 3 years.

15. Changes to this Agreement

We reserve the right to amend this Agreement at any time. We will publish the updated Agreement on our website and, where reasonably practicable, notify you by email. Your continued use of the Services following any amendment constitutes your acceptance of the revised terms.

16. Assignment and Transfer

You may not assign, transfer, or sub-licence any of your rights or obligations under this Agreement without our prior written consent.

We may assign or transfer our rights and obligations under this Agreement to a successor entity in the event of a business sale, merger, acquisition, or restructuring. We will provide reasonable notice of any such assignment. If you are a consumer and do not wish to continue with a new provider, you may terminate your subscription in accordance with clause 9.1.

17. General Provisions

17.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior representations, agreements, or understandings, whether oral or written. Nothing in this clause limits liability for fraudulent misrepresentation.

17.2 Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable. If modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

17.3 Waiver

No failure or delay by either party in exercising any right under this Agreement constitutes a waiver of that right. No single or partial exercise of any right prevents any further exercise of that right or any other right.

17.4 Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under this Agreement to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, industrial action, failure of internet infrastructure, or government action. The affected party shall notify the other as soon as practicable and use reasonable efforts to mitigate the impact.

17.5 Third Parties

This Agreement does not confer any rights on any third party under the Contracts (Rights of Third Parties) Act 1999.

17.6 Notices

Notices under this Agreement shall be in writing and delivered by email. Notices to you shall be sent to the email address registered on your account. Notices to us shall be sent to our support email address as published on our website. Notices sent by email are deemed received on the next business day following transmission, provided no delivery failure notification is received.

18. Support

Customer support is provided by email. Our support email address is published on our website. We will endeavour to respond to support requests within a reasonable timeframe during business hours (Monday to Friday, 9am–5pm GMT/BST, excluding UK public holidays). Response times are not guaranteed and do not form part of any SLA.

Support is provided in connection with the managed WordPress hosting environment. Support relating to your website content, theme customisation, third-party plugins, or business operations falls outside the scope of standard managed hosting support and may be subject to separate charges.

19. Governing Law and Dispute Resolution

19.1 Governing Law

This Agreement and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

19.2 Jurisdiction

Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation. If you are a consumer habitually resident in Scotland or Northern Ireland, you may also bring proceedings in the courts of your place of residence.

19.3 Dispute Resolution

If you have a complaint about our Services, please contact us in the first instance using the details in clause 20 and we will do our best to resolve it informally. If you are a consumer and we are unable to resolve a dispute directly, you may be entitled to seek resolution through an approved Alternative Dispute Resolution (ADR) provider. We are not currently a member of any ADR scheme, but details of available ADR providers can be found at the Chartered Trading Standards Institute website (ctsi.org.uk).

20. Contact Information

WPenguin is operated by an individual trading as WPenguin, pending formal incorporation. Our registered trading address and company details will be updated on this page upon incorporation.

For all enquiries, including support, billing, data protection, and legal notices, please contact us by email at hello@wpenguin.com.

These Terms and Conditions were last updated on 2 April 2026. Please check our website for the most current version.