PENGUIN Terms & Conditions

Last updated: December 10, 2025

These Terms & Conditions (the "Agreement") govern the provision and use of communications services, related software, hardware, and support (collectively, the "Services") provided by Denis Enterprises, Inc. dba PENGUIN ("PENGUIN," "we," or "us") to the customer identified in the applicable order, estimate, service commitment, or sign-up form (the "CLIENT" or "Customer").

By ordering, activating, or using the Services, the Customer agrees to be bound by this Agreement. This Agreement must be accepted by an individual authorized to legally bind the Customer.

1. Overview & Scope

1.1 Scope of Services

PENGUIN provides business communications and related services, which may include but are not limited to: hosted VoIP services, telephone numbers, SIP trunking, messaging services, voicemail, call routing, related software tools, and support services (collectively, the "Services"). Additional descriptions of Services may be provided in estimates, order forms, or product documentation.

1.2 Relationship to Other Documents

This Agreement applies to all Services provided by PENGUIN to the Customer, except to the extent a separate written agreement signed by both parties expressly supersedes these Terms & Conditions. Certain Customers may also enter into:

• A Service Commitment Addendum (for term-based service commitments, such as 12- or 36-month agreements); and/or
• An Equipment Financing Addendum (for financed hardware or equipment, if offered).

In the event of a conflict, the following order of precedence will generally apply: (1) a signed written agreement or addendum specific to the Customer; (2) this Agreement; (3) any online documentation or policies referenced herein.

1.3 Authorized Representative

The individual accepting this Agreement on behalf of the Customer represents and warrants that they are duly authorized to bind the Customer and its organization or business entity.

2. Service Term, Renewal & Cancellation

2.1 Default Term

Unless the Customer has signed a separate Service Commitment Addendum specifying a fixed term, Services are provided on a month-to-month basis. Each monthly period is referred to as a "Billing Cycle."

2.2 Customer Cancellation (Month-to-Month Accounts)

For month-to-month accounts, the Customer may cancel Services only by submitting the official PENGUIN Service Cancellation Form. The thirty (30) day notice period required for cancellation does not begin until the completed cancellation form has been submitted and received by PENGUIN.

Emails, phone calls, verbal requests, tickets, or any other informal communication do not constitute notice of cancellation and do not begin the thirty (30) day notice period. Customers who inform PENGUIN of an intent to cancel will be directed to complete the cancellation form, and the notice period will begin only upon the submission of that form.

The Customer’s effective cancellation date will be no earlier than thirty (30) days from the date PENGUIN receives the completed cancellation form.

2.3 Unported Numbers and Port-Out Fees Upon Cancellation

It is the Customer’s sole responsibility to port out any telephone numbers they wish to retain prior to the effective cancellation date. A port-out processing fee of $20 per number applies to all numbers the Customer elects to port away from PENGUIN.

Any telephone numbers that remain on the account after the Customer’s effective cancellation date will be automatically released by PENGUIN and its carrier partners and returned to the general number pool in accordance with standard telecom recycling practices. Once released, these numbers may be reassigned to other users and cannot be recovered by PENGUIN.

PENGUIN is not responsible for any loss of ownership or reallocation of numbers that were not successfully ported out prior to the cancellation effective date, nor can PENGUIN assist with retrieval of numbers after they have been released.

2.4 Cancellation by PENGUIN

PENGUIN may modify, suspend, or terminate the Services, in whole or in part, with or without notice, if:

• The Customer fails to pay any amount when due;
• PENGUIN suspects fraud, abuse, or other illegal or harmful activity;
• The Customer breaches this Agreement or any applicable policy;
• PENGUIN is required to do so by law, regulation, or governmental authority; or
• PENGUIN determines, in its reasonable discretion, that continued service presents material risk or is no longer commercially feasible.

PENGUIN will generally provide at least thirty (30) days’ notice of termination for reasons other than non-payment, fraud, abuse, or legal/regulatory requirements, where practical.

2.5 Effect of Termination

Upon termination of Services for any reason:

• The Customer remains responsible for all charges incurred through the effective date of termination, including any applicable charges for the final Billing Cycle and any port-out or termination-related fees;
• PENGUIN may immediately disable or disconnect Services, including call routing, voicemail, and access to hosted features;
• PENGUIN has no obligation to maintain, store, export, or migrate any call data, call recordings, voicemails, configurations, or other information, except as required by law or as expressly agreed in writing.

2.6 Termination for Cause by Customer

The Customer may terminate this Agreement for cause, without payment of any Early Termination Fee (if otherwise applicable), if PENGUIN materially breaches this Agreement and fails to cure such breach within thirty (30) days after receiving written notice from the Customer describing the breach in reasonable detail.

For clarity, service issues or outages caused by the Customer’s own network, ISP, equipment, third-party applications, Force Majeure events (as defined in Section 18), or other factors outside of PENGUIN’s reasonable control do not constitute a material breach by PENGUIN.

Upon a valid termination for cause by the Customer under this Section 2.6, the Customer remains responsible for all fees incurred through the effective date of termination, but PENGUIN will not charge any ETF that would otherwise apply under a Service Commitment Addendum for the terminated Services.

3. Billing, Invoicing & Payment

3.1 Advance Billing

All recurring monthly service charges are billed in advance and are due and payable on the first (1st) day of each Billing Cycle, unless otherwise indicated in an order or invoice. Certain Services, such as usage-based services, setup fees, or professional services, may be billed in arrears.

3.2 Invoices

Invoices are provided as a courtesy and are typically delivered via email to the Principal Account Holder or the Customer’s designated billing contact. Failure to receive an invoice does not relieve the Customer of the obligation to pay all amounts when due.

3.3 Payment Methods

PENGUIN accepts the following payment methods, subject to change:

• Visa, Mastercard, American Express;
• Business check or eCheck (bank transfer);
• Other methods (such as PayPal or similar services) may be approved on a case-by-case basis.

PENGUIN does not accept Discover card at this time.

3.4 AutoPay

For month-to-month Customers, enrollment in an automatic payment method ("AutoPay") is optional but strongly recommended. For Customers who enter into a Service Commitment Addendum and/or an Equipment Financing Addendum, enrollment in AutoPay may be required as a condition of receiving term pricing or financing.

3.5 Billing Disputes

The Customer must notify PENGUIN of any billing dispute in writing within thirty (30) days of the invoice date. The notice must describe the nature of the dispute in reasonable detail. The Customer shall pay all undisputed amounts by the due date. Failure to timely dispute an invoice shall be deemed acceptance of all charges.

3.6 Taxes, Fees & Regulatory Surcharges

PENGUIN’s published pricing is inclusive of all standard taxes, regulatory fees, and government-mandated surcharges applicable to the Services. These amounts are incorporated into the Customer’s monthly service rate and are not itemized separately on the invoice.

From time to time, federal, state, or local regulatory bodies may modify or introduce new taxes or fees that apply to telecommunications services. PENGUIN reserves the right to adjust its pricing accordingly to account for material changes in regulatory cost obligations.

Any such adjustments will be incorporated into the Customer’s standard monthly rate and will not be presented as separate line items unless required by law.

4. Late Payments, Suspension & Collections

4.1 Past Due Accounts

Recurring monthly service charges are due on the first (1st) day of each Billing Cycle and are considered past due if not received by that date.

4.2 Late Fees & Administrative Charges

Accounts with invoices more than thirty (30) days past due may be subject to:

• A late payment fee of 1.5% per month on amounts more than thirty (30) days past due (including any previously accrued fees); and
• A $15 administrative fee for each Billing Cycle in which the account remains past due.

4.3 Suspension & Termination for Non-Payment

If an invoice remains unpaid for more than thirty (30) days from the due date, PENGUIN may, at its discretion, temporarily suspend some or all Services, including inbound and outbound calling, voicemail, and access to hosted features. During suspension, emergency calling (911/E911) may continue to function where technically feasible, but PENGUIN does not guarantee availability in all scenarios.

If an invoice remains unpaid for more than sixty (60) days from the due date, PENGUIN may, at its discretion, terminate the Customer’s account and all associated Services. Upon termination for non-payment:

• All outstanding balances (including late fees and administrative fees) become immediately due;
• Telephone numbers associated with the account may be released in accordance with Sections 2.3 and 8;
• PENGUIN may refer the account to collections as described in Section 4.5.

Reactivation of any suspended Services may be subject to reactivation fees, and PENGUIN may require enrollment in AutoPay as a condition of reactivation.

4.4 Returned Payments & Chargebacks

The following fees may apply to payment reversals or failed bank-based transactions:

• Failed ACH payments (NSF): $25 for the first occurrence; $45 for each occurrence thereafter.
• Returned checks (NSF): $25 for the first occurrence; $45 for each occurrence thereafter.
• Chargebacks on authorized payments: $55 per occurrence.

Failed credit card payments generally do not incur a fee; however, repeated payment failures may result in temporary service suspension or require the Customer to provide an alternative payment method to continue service.

4.5 Collections

If the Customer defaults on payment obligations, PENGUIN may refer the account to a collections agency or pursue legal remedies. The Customer agrees to pay all reasonable attorney’s fees, court costs, collection fees, and other expenses incurred by PENGUIN in enforcing its rights under this Agreement.

5. Service Commitments (If Applicable)

5.1 Service Commitment Addendum

From time to time, PENGUIN may offer discounted pricing, equipment promotions, or other benefits in exchange for the Customer’s agreement to maintain Services for a fixed term (e.g., 12 or 36 months). Any such commitment will be documented in a separate Service Commitment Addendum or similar agreement executed by the Customer.

5.2 Term & Commencement

Unless otherwise stated in the Service Commitment Addendum, the committed term begins on the date Services are first activated for the Customer and continues for the full duration specified (the "Commitment Term").

5.3 Early Termination Fee (ETF)

If the Customer terminates Services subject to a Service Commitment Addendum before the end of the Commitment Term, or if PENGUIN terminates such Services for cause due to the Customer’s breach (including non-payment), the Customer agrees to pay an Early Termination Fee ("ETF").

Unless otherwise specified in the Service Commitment Addendum, the ETF will equal seventy-five percent (75%) of the remaining recurring service charges that would have been payable for the remainder of the Commitment Term.

5.4 AutoPay Requirement

For Customers under a Service Commitment Addendum, enrollment in AutoPay (credit card or bank transfer) may be required as a condition of receiving term-based pricing or promotions. Failure to maintain a valid AutoPay method may be treated as a breach of the Service Commitment Addendum.

5.5 Renewal

Unless otherwise specified in a Service Commitment Addendum, at the end of the Commitment Term, Services will continue on a month-to-month basis at PENGUIN’s then-current rates. Any further fixed-term commitment will require a new written agreement. Where practical, PENGUIN may provide a courtesy reminder prior to the end of the Commitment Term, but such notice is not a condition of renewal.

6. Equipment Purchase & Financing (If Applicable)

6.1 Equipment Sales

Equipment supplied by PENGUIN (such as IP phones, adapters, or related hardware) may be purchased outright or, if offered by PENGUIN, financed under an Equipment Financing Addendum. Unless explicitly provided otherwise, equipment is sold "as is" and is subject only to the manufacturer’s warranty, if any. Refurbished or used equipment may be sold without any warranty beyond what is expressly stated at the time of sale.

6.2 All Sales Final

The Customer acknowledges and agrees that all equipment sales are final and non-refundable.

6.3 Equipment Financing Addendum

If PENGUIN offers to finance equipment for the Customer, the financing terms, payment schedule, and any related obligations will be documented in a separate Equipment Financing Addendum executed by the Customer. This Agreement and any Equipment Financing Addendum shall be read together with respect to financed equipment.

6.4 Ownership & Risk of Loss

Unless otherwise stated in an Equipment Financing Addendum, title to purchased equipment transfers to the Customer upon full payment of all amounts due for such equipment. Risk of loss for equipment transfers to the Customer upon delivery. The Customer is responsible for insuring the equipment and for all damage, theft, or loss thereafter.

6.5 Default & Acceleration (Financed Equipment)

If the Customer finances equipment and (a) fails to timely make any payment under the Equipment Financing Addendum, or (b) terminates Services prior to paying all outstanding equipment amounts, or (c) has Services terminated by PENGUIN for cause, then, unless otherwise stated in the addendum:

• All remaining unpaid equipment balances shall become immediately due and payable; and
• Such amounts are due in addition to any applicable ETF under a Service Commitment Addendum.

7. Customer Responsibilities (Network, Cabling & Self-Installation)

7.1 Network & Internet Connectivity

The Customer is solely responsible for procuring and maintaining adequate internet connectivity, local area network (LAN) infrastructure, Wi-Fi, routers, switches, firewalls, and any other equipment necessary for the Services to function. PENGUIN is not responsible for the performance, configuration, or troubleshooting of the Customer’s internal network or internet service provider (ISP).

7.2 Cabling Requirements

Unless otherwise agreed in writing, PENGUIN assumes that the Customer will provide a live Category 5, 5e, or 6 Ethernet connection for each VoIP device as needed. Where a VoIP phone is placed next to a computer, the phone and computer may share a single Ethernet cable if supported by the device. All cabling must be properly terminated with RJ45 connectors and connected to appropriate network equipment. Any additional cabling work requested from PENGUIN, if offered, will be billable.

7.3 Self-Installation

If the Customer elects to self-install equipment or perform their own cabling, the Customer is responsible for completing such work in a timely manner. If Services are activated by PENGUIN on or after the agreed activation date, the Customer remains responsible for all associated service charges regardless of whether they have completed self-installation.

7.4 Third-Party Applications

If the Customer uses third-party applications (such as CRM integrations, call routing tools, or other external services) in conjunction with the Services, PENGUIN is not responsible for the performance, stability, or compatibility of those applications. PENGUIN may, at its discretion, provide best-effort assistance in integrating or troubleshooting third-party applications, which may be billed at PENGUIN’s standard professional services rates.

7.5 Security & Customer Network Responsibility

The Customer is responsible for implementing and maintaining appropriate security measures for its own network, devices, and user accounts, including (without limitation) strong passwords, role-based access controls, firmware updates on Customer-owned hardware, and reasonable protections against malware, phishing, and unauthorized access.

PENGUIN is not responsible for security incidents, unauthorized access, toll fraud, or misuse of the Services that result from compromised credentials, insecure networks, exposed devices, or other conditions within the Customer’s control. The Customer agrees to promptly notify PENGUIN if it suspects any unauthorized use of the Services or account credentials.

8. Numbering & Porting

8.1 Numbers Are Licensed, Not Sold

Any telephone numbers provided by PENGUIN (including numbers ported into PENGUIN from another carrier) are licensed to the Customer for use with the Services and are not sold outright. The Customer does not own these numbers but may have the right to port them to another carrier, subject to applicable law and this Agreement.

8.2 Port-In

To port existing numbers into PENGUIN, the Customer must:

• Provide a complete and accurate list of all numbers to be ported;
• Provide a recent copy of the relevant phone bill(s), including all required pages; and
• Complete and sign a Letter of Authorization ("LOA") authorizing PENGUIN to request the port from the losing carrier.

Porting timelines are dependent on the losing carrier and other third parties. PENGUIN does not guarantee any specific porting date or timeline.

8.3 Port-Out & Port-Out Fees

Upon termination of Services or upon Customer request, PENGUIN will cooperate in porting authorized numbers to the Customer’s chosen carrier, provided the Customer’s account is in good standing. The Customer understands that:

• A port in/out processing fee of $20 per telephone number may apply;
• PENGUIN will provide necessary account credentials (such as account number and PIN) once generated;
• The gaining carrier is solely responsible for executing the port, configuring service, and supporting the Customer after the port.

8.4 Responsibility for Old Carrier

PENGUIN will not cancel services with the Customer’s previous carrier. The Customer is responsible for contacting the previous carrier to cancel any services after number ports have completed. Failure to do so may result in continued billing by the old carrier, for which PENGUIN is not responsible.

8.5 Configuration After Port-Out

PENGUIN is not responsible for assisting the Customer’s new provider with configuration or administrative issues after port-out. PENGUIN will not configure or reconfigure devices for use with non-PENGUIN service or alternate VoIP providers.

9. Emergency Services (911 / E911)

9.1 Limitations of VoIP 911

The Customer acknowledges that VoIP-based 911 and enhanced 911 ("E911") services have important limitations compared to traditional wireline telephone services, including but not limited to:

• Emergency calls may not function during power outages, internet outages, equipment failures, or network congestion;
• Calls may be routed to an administrative line or a different emergency center than expected;
• Location information may be inaccurate or unavailable if the registered address is not up to date.

9.2 Registered Location

For each device or endpoint capable of dialing 911 via the Services, the Customer must provide an accurate physical service address and promptly notify PENGUIN in writing of any change to that address. Failure to update address information may result in incorrect routing of 911 calls and delays or failures in emergency response.

9.3 Customer Responsibility & Fines

The Customer is solely responsible for:

• Ensuring that all users are informed of the limitations of VoIP 911;
• Notifying PENGUIN at least seven (7) days before moving any device to a new physical location;
• Any fines, fees, or penalties imposed by regulatory authorities or emergency services due to inaccurate, outdated, or incomplete E911 information, which may be passed through to the Customer at 100%.

9.4 No Liability for 911 Failures

PENGUIN shall have no liability for any inability to reach 911 or E911 services, for any inaccuracy in location information, or for any failure or delay in emergency response, to the fullest extent permitted by law.

10. Use of Service & Acceptable Use Policy

10.1 Lawful Use Only

The Customer agrees to use the Services and any related equipment only for lawful purposes. The Customer shall not use the Services to transmit or receive any communication or material that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or otherwise objectionable;
• Infringes the intellectual property or privacy rights of others;
• Constitutes or encourages criminal conduct or gives rise to civil liability;
• Violates any applicable local, state, national, or international law or regulation.

10.2 Prohibited Activities

Without limiting the foregoing, the Customer shall not use the Services for:

• Unsolicited bulk calling, spam, or robocalling;
• Call pumping, traffic pumping, or other fraudulent schemes;
• Impersonation, spoofing, or misrepresentation of caller identity (except as permitted by law);
• Any use that may interfere with or degrade PENGUIN’s network or other customers’ use of Services.

10.3 Enforcement

PENGUIN may, without liability, immediately suspend or terminate the Services if it reasonably believes the Customer is engaging in prohibited or unlawful activities, or if continued service could subject PENGUIN to legal, regulatory, or financial risk.

11. Support & Service Levels

11.1 Support Availability

PENGUIN provides support for the Services via email and phone during published business hours. Details of support channels and response targets may be described in a separate Support Guidelines document or knowledge base article, which is incorporated by reference.

11.2 Best-Effort Nature of Support

While PENGUIN endeavors to respond to support requests promptly, resolution times may vary based on the nature and severity of the issue. Unless expressly stated in a separate written SLA, PENGUIN does not guarantee specific response or resolution times.

11.3 Scope of Support

PENGUIN’s support obligations generally cover:

• PENGUIN-hosted services and platforms;
• Configuration and troubleshooting of PENGUIN-provided equipment (to the extent supported);
• Assistance with standard features as documented.

Support does not include management, troubleshooting, or redesign of the Customer’s internal network, ISP, or third-party systems, except where explicitly agreed as a separate billable service.

11.4 Support for Suspended or Past-Due Accounts

For accounts that are suspended or seriously past due under Section 4, PENGUIN’s support obligations may be limited to billing, account status, and reactivation assistance. Full technical support and configuration assistance for the Services may resume once the account is brought current and any applicable reactivation conditions have been met.

12. Limitation of Liability

12.1 No Warranty

Except as expressly stated in this Agreement, the Services and any related equipment are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. PENGUIN expressly disclaims all implied warranties, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

12.2 Exclusion of Certain Damages

To the fullest extent permitted by law, PENGUIN shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising out of or related to this Agreement or the use or inability to use the Services, even if PENGUIN has been advised of the possibility of such damages.

12.3 Aggregate Liability Cap

To the fullest extent permitted by law, PENGUIN’s total aggregate liability arising out of or relating to this Agreement and the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount of service fees actually paid by the Customer to PENGUIN for the Services giving rise to the claim during the three (3) months immediately preceding the event giving rise to the claim.

12.4 911 & E911

Without limiting the foregoing, PENGUIN shall have no liability for any inability to access 911 or E911 services, any delay or failure in emergency response, or any inaccuracy in location information, except to the limited extent that liability may not be disclaimed under applicable law.

13. Indemnification

To the fullest extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless PENGUIN and its officers, directors, employees, contractors, agents, and affiliates from and against all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to:

• The Customer’s use or misuse of the Services;
• Any violation of this Agreement or applicable law by the Customer or its users;
• Any content transmitted, received, or stored using the Services;
• Any claim that the Customer’s use of the Services infringes or misappropriates the rights of any third party;
• Any inaccuracy or incompleteness of E911 or location data provided by the Customer.

This indemnification obligation shall survive termination of this Agreement.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

15. Dispute Resolution, Arbitration & Class Action Waiver

15.1 Agreement to Arbitrate

Except as otherwise expressly provided in this Section, any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (collectively, "Disputes") shall be resolved by binding arbitration administered by a recognized arbitration provider under its applicable rules. The arbitration shall be conducted in English and held in or near Stanislaus County, California, unless the parties agree otherwise.

15.2 Small Claims Court Exception

Either party may bring an individual action in small claims court in lieu of arbitration, to the extent permitted by that court’s jurisdictional limits.

15.3 Class Action Waiver

The parties agree that all Disputes shall be resolved on an individual basis only and not in a class, consolidated, or representative action. The Customer may not participate as a plaintiff or class member in any purported class, collective, or representative proceeding.

15.4 Waiver of Jury Trial

To the extent any Dispute is adjudicated in court rather than arbitration, the parties knowingly and voluntarily waive any right to a jury trial.

15.5 Costs & Fees

The arbitrator may award costs and fees, including attorneys’ fees, to the prevailing party to the extent allowed by applicable law.

16. Changes to This Agreement

PENGUIN may update or modify this Agreement from time to time. Any changes will become effective upon posting the updated Agreement in the PENGUIN Help Center or on an applicable PENGUIN website, or on such later date as may be specified in the updated Agreement.

The Customer’s continued use of the Services after the effective date of any update constitutes the Customer’s acceptance of the revised Agreement. If the Customer does not agree to the updated terms, the Customer must discontinue use of the Services and submit a cancellation request in accordance with Section 2.

17. Data Retention & General Provisions

17.1 Data Retention

Unless otherwise specified in a separate written agreement, PENGUIN does not guarantee retention of call data, logs, voicemails, call recordings, or other Customer content for more than thirty (30) days. Default system behaviors may retain certain data for operational or legal purposes, but such retention is not guaranteed as a customer-accessible archive.

The Customer is solely responsible for exporting, backing up, or otherwise preserving any data it wishes to retain beyond the default retention period. Extended data retention, if offered, may be subject to additional fees and separate terms.

Following termination of Services, PENGUIN may permanently delete any remaining Customer data after a reasonable period (which may be as short as thirty (30) days), and PENGUIN has no obligation to recover or restore such data once deleted, except as required by law.

17.2 Threats of Legal Action

If the Customer initiates or threatens legal action against PENGUIN, Denis Enterprises, Inc., or any affiliated staff, PENGUIN may, in its discretion, limit further communications with the Customer to written correspondence (such as email, mailed letters, or communication through legal counsel) and decline to engage in phone-based communications regarding the disputed matters.

17.3 Entire Agreement

This Agreement, together with any applicable addenda, order forms, and written amendments, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

17.4 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.

17.5 No Waiver

No failure or delay by PENGUIN in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy.

17.6 Notices

Notices to PENGUIN under this Agreement shall be sent to:

PENGUIN
P.O. Box 2550
Turlock, CA 95381
Email: billing@callpenguin.com

Notices to the Customer may be sent to the email or physical address on file for the Customer’s account or via in-product or portal notifications.

18. Service Interruptions & Force Majeure

18.1 Force Majeure

PENGUIN shall not be liable for any failure or delay in performance of its obligations under this Agreement to the extent caused by events or circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, power failures, outages or failures of the public internet or third-party networks, carrier or upstream provider outages, denial-of-service attacks or other malicious events, or changes in laws or regulations ("Force Majeure Events").

Service interruptions or degradation resulting from Force Majeure Events do not constitute a breach of this Agreement and do not give rise to credits, refunds, or damages, except as may be expressly provided in a separate written SLA.

End of PENGUIN Terms & Conditions