Terms of Use
Updated on 21 Dec 2023
These terms of use have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use to access all products and services provided by Expwave.
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For the purpose of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person visits our platform, either just for the purpose of browsing the Website or engages to buy our products & services. The terms “We”, “Us”, and “Our” shall mean Company.
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EXPWAVE OPC Private Limited is incorporated in India under the Companies Act, 2013, and has its registered office at #104 Sri Bhagwan Elite, Aishwarya Crystal Layout, Near Manipal County Road, Singasandra, Bangalore 560068
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Expwave operates as a comprehensive design firm. Specialising in user interface, user experience, product design, brand design, and design training services, Expwave provides a range of design solutions. The company is committed to deliver high-quality design services to clients. By accessing and using Expwave’s services, you agree to abide by the terms outlined in this agreement. Please review the terms of use carefully before proceeding.
Website
This website allows the User to surf the Website. Accessing, browsing, or otherwise using the website https://expwave.in indicates your acceptance of all the terms and conditions herein. Please read these terms of use carefully before proceeding. If you do not agree with these terms, please do not use this website.
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Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website. Any new features or tools which are added to the current store shall also be subject to the Terms of Use. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to Our Website. It is your responsibility to check this page periodically for changes.
Charges
Company does not charge any fee for browsing the Website.
Rights of use
Company grants you limited rights to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of this website or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third party, or any use of data mining, robots, or similar data gathering and extraction tools.
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This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.
Policies
Disclaimer of warranties and liabilities
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or the content (including product information and/or specifications) on the Website. While we have taken precautions to avoid inaccuracies in content, this Website, all content, information, software, products, services & related graphics are provided as is, without warranty of any kind.
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Indemnity and Release
You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
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Communications
When you visit http://expwave.in or send emails to us, you are communicating with us electronically. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us.
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Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Alteration of service or amendments to the conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
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Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
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Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.
In no event shall expwave private limited be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed in advance of the possibility of such damages.
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Severability & waiver
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
Kids Privacy
Our Website is intended for the use of adults and individuals 13 years of ages and older. Our Website is not directed to children under the age of 13. Users under the age of 13 must have the permission and/or assistance of an adult while using or visiting our Website.
Privacy Policy
We do not own any data, information or material (“Content”) that you submit on the Website in the course of using it. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor Content on the Website submitted or created using our Services by you. Unless specifically permitted by you, your use of the Website does not grant us the licence to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose. But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
Accuracy of Information
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, product shipping charges, availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
Advertisements
During use of the Website, you may enter into correspondence with or participate in promotions of advertisers or sponsors showing their goods or services through the Website. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. We shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Design Services
Project Acceptance
At the time of proposal, Expwave will provide the client with a written estimate. A copy of the proposal is to be signed and dated by the client to indicate acceptance and should be returned to Expwave. Alternatively, the client may send an official order in reply to the proposal, which binds the client to accept Expwave’s terms and conditions. In addition, after acceptance of the proposal, a contract will be signed by both parties. No work on a project will commence until both the accepted proposal and signed contract have been received by Expwave.
Pricing
Company charges fees if clients avail its span of services. Company reserves the right to change its Fee Policy from time to time. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
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Charges for design services to be provided by Expwave will be set out in the written proposal that is provided to the client. At the time of the client’s signed acceptance of this proposal, indicating acceptance of the Terms of Use, a non-refundable deposit of 50% or 100% of the quoted fee will become immediately due. Work on the project will not commence until Expwave has received this amount. The client is responsible for any applicable sales or use taxes, even if they are calculated after the fact.
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If a project becomes 7 days overdue due to the client not adhering to the timeline and deadlines established in the estimate or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated time frame can be applied for a 50% rush fee charge.
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Charges for any additional services over and above the original estimated project will become fully payable (100% of the quoted amount) immediately upon completion of the job and before delivery of the final product.
Billing and Payment
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgement, your purchase constitutes a high risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same client account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
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The client will be provided with an Approval Form prior to final delivery and publication of the project. At this time the remainder of the amount due will become payable and the client will also be required to sign and submit the Approval Form to Expwave. Accounts which remain outstanding for 15 days after the date of invoice, will incur an extra charge of 5% per month of the outstanding amount. Payments may be made by cash, UPI or electronic funds transfer.
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Publication and/or release of work done by Expwave on behalf of the client may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned check. Expwave shall be considered entitled to remove Expwave’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid money due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
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Removal of such materials does not relieve the client of their obligation to pay the due amount. Clients whose accounts become default agree to pay Expwave’s reasonable legal expenses and third party collection agency fees in the enforcement of the project contract and these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Expwave for inclusion in the client’s business cards, flyers, pamphlets, website, digital applications or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
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Any artwork, images, or text supplied and/or designed by Expwave on behalf of the client, will remain the property of Expwave and/or its suppliers.
The client may request in writing from Expwave, the necessary permission to use materials for which Expwave holds the copyright in forms other than for which it was originally supplied, and Expwave may, at its discretion, grant this. Such permission must be obtained in writing before Expwave will allow any of the aforesaid artwork, images, text, or other data to be used.
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The client agrees to fully indemnify and hold Expwave free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.
Alterations
The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that Expwave holds no responsibility for any amendments made by any third party, before or after a design is published.
Rights of use
An account shall be considered default if it remains unpaid for 15 days from the date of invoice, or following a returned check. Expwave shall be considered entitled to remove Expwave’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid money due for services, including, but not limited to, business cards, flyers, pamphlets, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
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Removal of such materials does not relieve the client of their obligation to pay the due amount. Clients whose accounts become default agree to pay Expwave’s reasonable legal expenses and third party collection agency fees in the enforcement of the project contract and these Terms and Conditions.
Policies
Communications
When you visit our website for contractual purpose you are communicating with us electronically. We may communicate with you by email, SMS, phone call or by posting notices on the website or by any other mode of communication.
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Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using our services.
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Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Licensing
Any design, copywriting, drawing, idea or code created for the client by Exwpave, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of Expwave and any of its relevant sub-contractors.
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All design work- where there is a risk that another party makes a claim, should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use. Expwave will not be held responsible for any and all damages resulting from such claims. Expwave is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold Expwave responsible for any such loss or damage. Any claim against Expwave shall be limited to the relevant fee(s) paid by the client.
Data
The client agrees to Expwave’s definition of acceptable means of supplying data to the company.
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Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Project Duration
Any indication given by Expwave of a project’s duration is to be considered by the client to be an estimation. Expwave cannot be held responsible for any project overruns, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by Expwave for the initial payment or by date confirmed in writing by Expwave.
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The client is expected to adhere to deadlines established in the estimate and throughout the project. If a project becomes 7 days overdue due to the client not adhering to the timeline and deadlines established in the proposal or contract, the project will be given a new schedule. If this new schedule does not work for the client, an accelerated time frame can be applied for a 45% rush fee charge.
Rights of Access for Project Execution
The client agrees to allow Expwave all necessary access to computer systems and other locations, as required, in order to complete a project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The client also agrees to allow Expwave access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
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The client agrees to supply Expwave with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Project Completion
Expwave considers the design project complete upon receipt of the client’s signed approval. Other services such as printing, display panel production, filmwork, uploading, publishing etc., either contracted on the client’s behalf or created in-house constitute a separate project and can be treated as a separate charge.
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Once the project is complete, Expwave will provide the client with the opportunity to review the resulting work. Expwave will make one set of changes at no extra cost within 13 days of the start of the review period. Changes include textual changes and adjustments to placement of items on the page. These changes can be notified to Expwave by email.
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Expwave will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 13 days of the start of the review period.
Domain Registration
Expwave cannot guarantee the availability of any domain name. Where Expwave is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration. The client will be responsible for the yearly domain registration fee and any other fees associated with domain registration unless expressly outlined otherwise in a contract.
Hosting Service
Expwave does not offer in-house hosting services. Expwave can only suggest possible subcontractors and does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. Expwave may request that clients change the type of hosting account used if that account is deemed by Expwave to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees due to the hosting organisation are the responsibility of the client and Expwave is not liable for their payment.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Expwave cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The client agrees to allow Expwave to place a small credit on printed material exhibition displays, advertisements and/or a link to Expwave’s own website on the client’s product. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
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The client also agrees to allow Expwave to place websites and other designs, along with a link to the client’s site on Expwave’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Expwave will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. Expwave also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Expwave does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow Expwave to remove the contravention without hindrance, or penalty. Expwave is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made by telephone but must be followed up in writing to Expwave’s email. The client will be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of money due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Expwave within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Expwave makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Expwave will not be held responsible for any and all damages resulting from products and/or services it supplies. Expwave is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While Expwave takes reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The client agrees not to hold Expwave responsible for any such loss or damage. Any claim against Expwave shall be limited to the relevant fee(s) paid by the client.
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Expwave reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Expwave will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
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Expwave and its clients agree to comply with Printer’s Terms and Conditions which can include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Expwave recommends that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Third Party Services
If third-party services are necessary to complete a project or run a website/app, or you decide to enable, access or use third-party services, be advised that your access and use of such other services is governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Expwave with respect to such other services. Expwave is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting Expwave to disclose your data as necessary to facilitate the use or enablement of such other service.
Backups
We perform regular backups of the Website, applications and content, however, these backups are for our own administrative purposes only, and are in no way guaranteed. You are responsible for maintaining your own backups of your data. We do not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly. We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty.
Design Training
Cancellation of Course by Expwave
Expwave reserves the right to cancel any course up to 13 (thirteen) days prior to the first day of the course. Registrants will be promptly notified and will receive a full refund or be transferred to the equivalent class of their choice within a 12-month period. Expwave is not responsible for travel expenses or any costs that may be incurred as a result of cancellations.
Cancellation of Course by Participants
INR 5,000 per participant processing fee (to be paid by the participant) if cancelling or transferring the course registration before three weeks from the course start date. No refund or carry forward of the course fees if cancelling or transferring the course registration within three weeks before the course start date.
No Recording Permitted
There will be no audio or video recording allowed in class. Students who have any disability that might affect their performance in this class are encouraged to speak with the instructor at the beginning of the class
Course Materials Copyright
The course and training materials and all other handouts provided by Expwave during the course are published, copyrighted works proprietary and owned exclusively by Expwave. The course participant does not acquire title nor ownership rights in any of these materials. Further the course participant agrees not to reproduce, modify, and/or convert to electronic format (i.e., softcopy) any of the materials received from or provided by Expwave. The materials provided in the class are for the sole use of the class participant. Expwave does not provide the materials in electronic format to the participants in public or onsite courses.
DND (Do Not Disturb)
By signing up with Expwave, you are giving us free consent without any conditions (express or implied) to call/message you as and when required. This will override all DND registration registered with TRAI (Telecom Regulatory Authority of India).
Acceptance of Terms of Use
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Website and/or its Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to use or access the Website and its Services. The placement of an order for design and/or any other services offered by Expwave and validated by the client’s acceptance of the proposal and signed contract, constitutes acceptance of the proposal and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Expwave.
Contact us
If you have any question, issue, complaint regarding any of our services, please contact contact@expwave.in