Terms & Conditions

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," "your") and Ice Penguin (operated under the proprietorship of Engr. Pronabesh Ghosh), located at Bangaljhi, Chapra, Nadia – 741123, West Bengal, India ("Ice Penguin," "we," "our," "us").

By accessing, browsing, registering on, or using the Platform (as defined below), you acknowledge that you have read, understood, and agree to be bound by these Terms, along with our Privacy Policy and Refund Policy, which are incorporated herein by reference.

If you do not agree to these Terms, you must immediately cease all use of the Platform and Services.

"Platform" means the website at icepenguin.in, all sub-domains (including but not limited to forms.icepenguin.in, sheets.icepenguin.in, accounts.icepenguin.in, payments.icepenguin.in, go.icepenguin.in, admin.icepenguin.in), APIs, mobile interfaces, and any software or service operated by Ice Penguin.

"Services" means all products, features, and functionalities offered through the Platform, including but not limited to: website design & development, !ce Forms (form builder), !ce Sheets (spreadsheet management), !ce GoLinks (URL shortener), !ce Pay (payment/invoice processing), !ce Space (account management), hosting, SEO, maintenance, DDoS protection, SSL certification, and technical support.

"Content" means any text, data, images, files, forms, spreadsheets, URLs, configurations, code, or other materials created, uploaded, or transmitted by users through the Platform.

"Subscription Plans" means the pricing tiers offered by Ice Penguin, including Free Startup (₹99 setup fee), Basic (₹4,999), Gold (₹9,999), and Premium (₹14,999), and any custom enterprise plans.

• You must be at least 18 years of age or the age of legal majority in your jurisdiction to register for an account or enter into a paid agreement with Ice Penguin.
• If you are accessing or using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
• Users under 18 may use the Platform only under the supervision of a parent or legal guardian who accepts these Terms on their behalf. The parent/guardian assumes all responsibility for the minor's use of the Platform.
• We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we believe a user does not meet eligibility requirements.

• To access certain Services, you must create an account at accounts.icepenguin.in by providing accurate, current, and complete registration information.
• You are responsible for maintaining the confidentiality of your account credentials (password, authentication tokens) and for all activities that occur under your account.
• You must immediately notify us at info@icepenguin.in upon becoming aware of any unauthorized access to or use of your account.
• Ice Penguin shall not be liable for any loss or damage arising from your failure to safeguard your account credentials.
• You may not create accounts using automated means (bots, scripts) or create multiple accounts for abusive purposes.
• We reserve the right to suspend or terminate accounts that have been inactive for more than 12 consecutive months, with 30 days' prior notice.

Ice Penguin provides the following categories of Services:

• Web Development & Hosting: Custom website design, development, deployment, domain configuration, SSL certification, SEO optimization, and ongoing maintenance as per the selected Subscription Plan.
• !ce Forms: A form builder platform supporting dynamic form creation, timed examinations, UPI payment collection, LaTeX equation rendering, file uploads, voice accessibility, CSV export, and multi-role workspace management.
• !ce Sheets: A collaborative spreadsheet platform for data management and real-time collaboration.
• !ce GoLinks: A URL shortening and management service.
• !ce Pay: An invoice and payment processing service enabling UPI-based transactions between businesses and clients.
• !ce Space: A unified account management system for all Ice Penguin ecosystem products.

We reserve the right to modify, suspend, or discontinue any Service (or any feature within a Service) at any time, with or without notice. We will make reasonable efforts to provide advance notice for material changes affecting paid services.

Service Level: While we strive for 99.9% uptime, we do not guarantee uninterrupted or error-free service. Scheduled maintenance windows will be communicated in advance when feasible.

• Pricing: All prices are listed in Indian Rupees (₹) and are inclusive of applicable taxes unless explicitly stated otherwise. Current plan pricing: Free Startup (₹99 setup fee), Basic (₹4,999 one-time), Gold (₹9,999 one-time), Premium (₹14,999 one-time). Custom enterprise pricing is available upon request.
• Maintenance Fees: Recurring maintenance charges apply as specified in each plan (e.g., ₹500/month for Basic, ₹1,000/month for Gold and Premium). These are billed monthly and payable in advance.
• Payment Methods: We accept payments via UPI (GPay, PhonePe, Paytm, etc.), bank transfer (NEFT/IMPS/RTGS), and other methods as indicated during the checkout process or via !ce Pay invoices.
• !ce Pay Transaction Fee: A 5% platform convenience fee applies to transactions processed through the !ce Pay system under the Free Startup plan. Higher-tier plans may include reduced or waived fees.
• Invoicing: For project-based work, invoices are generated upon milestone completion or as agreed upon in writing. Payment is due within 7 business days of invoice receipt unless otherwise agreed.
• Late Payment: Overdue payments may incur a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower). Services may be suspended for accounts with payments overdue by more than 15 days.
• Price Changes: We may revise pricing with 30 days' advance notice. Existing contracts/orders will honor the pricing at the time of acceptance.

For refund-related terms, please refer to our Refund & Cancellation Policy.

• Ice Penguin IP: The Platform, its source code, design, logos, trademarks ("!ce Penguin," "!ce Forms," "!ce Sheets," "!ce GoLinks," "!ce Pay," "!ce Space"), user interface elements, documentation, and all proprietary technology are owned by Ice Penguin and are protected under Indian intellectual property laws, including the Copyright Act 1957, the Trade Marks Act 1999, and the Information Technology Act 2000.
• License to Use: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and Services for your internal business or personal purposes, subject to these Terms.
• Custom Website Deliverables: For paid web development projects (Basic, Gold, Premium plans), upon full payment, you receive ownership of the custom website design and content specific to your project. Ice Penguin retains ownership of all underlying frameworks, libraries, reusable components, and proprietary tools used in development.
• Restrictions: You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, or create derivative works based on the Platform or its proprietary components without prior written consent.

• Ownership: You retain all ownership rights to Content you create, upload, or transmit through the Platform (forms, spreadsheets, files, data, URLs). Ice Penguin does not claim ownership over your Content.
• License Grant: By uploading Content, you grant Ice Penguin a limited, non-exclusive license to store, process, display, and transmit your Content solely as necessary to provide the Services. This license terminates when you delete your Content or your account.
• Responsibility: You are solely responsible for the legality, accuracy, and appropriateness of all Content you submit. You represent that you have all necessary rights and permissions to upload such Content.
• Form Creators as Data Controllers: If you create forms that collect personal data from respondents, you act as the data controller under applicable data protection laws. You are responsible for obtaining necessary consents from respondents, providing privacy notices, and complying with all applicable data protection regulations. Ice Penguin acts as a data processor on your behalf.
• Backup: While we implement reasonable backup procedures, we recommend that you maintain independent backups of your critical Content. Ice Penguin is not liable for loss of user Content due to hardware failure, software bugs, or other unforeseen events.

You agree not to use the Platform or Services to:

• Violate any applicable local, state, national, or international law or regulation.
• Transmit or store content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Collect personal data from form respondents without proper consent or legal basis.
• Distribute malware, viruses, worms, or other harmful code.
• Attempt to gain unauthorized access to any part of the Platform, other users' accounts, or connected systems.
• Conduct phishing, social engineering, or fraudulent payment collection schemes.
• Overload, disrupt, or interfere with the Platform's servers, networks, or infrastructure (including DDoS attacks).
• Scrape, crawl, or harvest data from the Platform using automated means without written permission.
• Use the Platform to send unsolicited bulk communications (spam).
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Circumvent, disable, or interfere with any security features of the Platform.
• Use the Platform for cryptocurrency mining, running proxy services, or any purpose other than its intended use.

Violation of this Acceptable Use Policy may result in immediate account suspension or termination, without refund, and we reserve the right to report illegal activities to appropriate law enforcement authorities.

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• Ice Penguin makes no warranties, express or implied, regarding the Platform's fitness for a particular purpose, merchantability, accuracy, completeness, or non-infringement.
• We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components.
• We do not guarantee specific outcomes from the use of our web development, SEO, or marketing services.
• Third-party integrations (UPI networks, Google APIs, analytics services) are subject to their own terms and availability. We are not responsible for third-party service outages or changes.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE INDIAN LAW:

• Ice Penguin's total cumulative liability to you for all claims arising from or related to these Terms or the Services shall not exceed the total amount paid by you to Ice Penguin in the 12 months preceding the event giving rise to the claim, or ₹10,000, whichever is greater.
• In no event shall Ice Penguin be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunity, goodwill, or anticipated savings, even if advised of the possibility of such damages.
• Ice Penguin shall not be liable for any loss or damage arising from: (a) your failure to maintain adequate account security; (b) unauthorized access to your account; (c) data submitted by form respondents; (d) third-party service failures; (e) force majeure events.

You agree to indemnify, defend, and hold harmless Ice Penguin, its proprietor, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use of the Platform or Services.
• Your violation of these Terms or any applicable law.
• Your Content or data submitted through the Platform.
• Your collection or processing of personal data from form respondents in violation of data protection laws.
• Any claim by a third party that your Content infringes their intellectual property or other rights.

• By You: You may terminate your account at any time by contacting us or using the account deletion feature. Upon termination, your access to the Services will cease, and your Content will be scheduled for deletion in accordance with our data retention policy.
• By Us: We may suspend or terminate your account or access to any Service immediately, without prior notice, if: (a) you breach these Terms; (b) you engage in conduct harmful to other users, Ice Penguin, or third parties; (c) required by law; (d) your account has been inactive for more than 12 months.
• Effect of Termination: Upon termination, all licenses granted to you under these Terms will immediately cease. Sections on Intellectual Property, Limitation of Liability, Indemnification, Governing Law, and any other provisions that by their nature should survive, will survive termination.
• Data Export: You are encouraged to export your Content before account termination. We will retain your data for a reasonable period (up to 30 days) post-termination to allow for data export requests, after which it will be permanently deleted unless retention is required by law.

• These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.
• Any dispute arising out of or relating to these Terms shall first be attempted to be resolved amicably through good-faith negotiation between the parties for a period of 30 days.
• If the dispute cannot be resolved through negotiation, it shall be submitted to binding arbitration under the Arbitration and Conciliation Act, 1996, conducted by a sole arbitrator appointed by mutual agreement or, failing agreement, by the competent court. The seat of arbitration shall be Nadia, West Bengal, India.
• The courts of Nadia, West Bengal, India shall have exclusive jurisdiction over any disputes that are not subject to arbitration.
• Nothing in this section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm.

Ice Penguin provides technology infrastructure, hosting, and centralised policy management for independent third-party partners ("Partners") who operate services on *.icepenguin.in subdomains ("Partner Portals"). These include, but are not limited to, educational institutions, digital marketing agencies, creative studios, and other service providers.

Service Responsibility: The Partner is solely and exclusively responsible for their service delivery, quality, timelines, pricing, content accuracy, customer support, and all communications with their end-users. Ice Penguin provides only the technology platform and infrastructure.

Content Disclaimer: Ice Penguin does NOT review, verify, edit, endorse, or assume responsibility for any content, claims, pricing, representations, guarantees, or promotional materials made by Partners on their respective Portals. All such content is the sole responsibility of the Partner.

Limitation of Liability: To the fullest extent permitted by applicable law, Ice Penguin shall NOT be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from or related to:

• Service delivery failures, delays, or quality issues by any Partner.
• Content inaccuracies, misrepresentations, or false claims made by any Partner.
• Financial losses, missed deadlines, or unmet expectations related to Partner services.
• Data breaches, security incidents, or privacy violations caused by Partner negligence.
• Any contractual disputes between you and a Partner.

Indemnification: All Partners agree to indemnify, defend, and hold harmless Ice Penguin, its founders, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to their services, content, actions, or omissions.

Dispute Resolution: Any dispute arising from a Partner's services should be directed to the Partner first through their Portal's contact channels. Ice Penguin may, at its sole discretion, facilitate communication between parties but is not obligated to mediate, arbitrate, or resolve any disputes between you and a Partner.

We reserve the right to modify these Terms at any time. When material changes are made, we will:

• Update the "Last updated" date at the top of this page.
• Provide notice via the Platform or email (for registered users) at least 15 days before the changes take effect.

Your continued use of the Platform after the effective date of modified Terms constitutes your acceptance of those changes. If you disagree with the modified Terms, you must stop using the Platform and may request account deletion.

For any questions, concerns, or notices related to these Terms, please contact: