Terms of Service

1. Intellectual Property

The website, services, designs, artworks, trademarks, branding elements, databases, software, code, text, images, videos, audios, and all other content are the intellectual property of DesignWave Ltd, protected under copyright law, trademark law, database rights, design rights, and other applicable UK and international intellectual property laws. Customers are granted a limited, non-exclusive, non-transferable license to use materials created specifically for them. DesignWave retains full ownership and rights over all intellectual property. Customers may not exploit, reproduce, distribute, modify, display, perform, reuse, republish, sell, or otherwise use the content without express prior written consent.

2. Use of Website and Services

Customers agree to use the website and services only for lawful personal purposes or internal business purposes directly related to engaging DesignWave's services. Prohibited activities include (but not limited to): hacking, spamming, phishing, transmitting viruses or malware, violating intellectual property rights, using bots or automated tools, scraping content, collecting user data, reselling services, circumventing security controls, accessing private data, or any use violating these terms. DesignWave reserves the right to suspend, restrict, or terminate any Customer account or block access to the website and services for any conduct that violates these terms, without notice or liability to Customer.

3. Customer Content

Customers warrant and represent they have all necessary rights and permissions to provide the text, images, trademarks, and other materials supplied to DesignWave for incorporation into projects. DesignWave may display and reference elements of Customer content, such as project previews, for promotional purposes in its portfolio and social media, unless explicitly covered by a mutual non-disclosure agreement, in which case confidentiality will be maintained.

4. User Representations

By using the website or services, Customers represent they have full legal capacity to enter into a contract, are not a minor in their country of residence, will comply with all applicable laws and these terms of service, will not access the website through automated means, bots, or scrapers, and their use will not violate any laws or regulations in the UK or their local jurisdiction.

5. Prohibited Activities

Customers shall not access or use the website for any purpose beyond its intended scope of providing design services. Customers shall not use the website or services to compete with DesignWave, attempt to copy its offerings, poach its partners or employees, or gain unauthorized access to private data or intellectual property. Other prohibited activities include (but not limited to): making unauthorized use of the website, scraping, data harvesting, bypassing security measures, tricking, deceiving, or misleading DesignWave or its representatives, interfering with the proper functioning of the website, creating an unreasonable burden on infrastructure, reverse engineering software, bypassing restrictions, infringing intellectual property rights, transmitting viruses or malware, harassing employees or agents, publishing legally prohibited content, adapting or modifying the website codebase without permission, or using the website in any way not expressly permitted by these terms, applicable laws, or reasonable conventions of acceptable use.

6. Customer Feedback

DesignWave owns all submissions, suggestions, feedback, recommendations, or other information provided by Customers relating to the website or services, except where rights are expressly granted under section 2. DesignWave may use such submissions without attribution, permission, compensation, or any confidentiality obligation to the Customer.

7. Management and Monitoring

DesignWave reserves the right to monitor use of the website and services to detect violations of these terms, and to investigate any suspected unlawful behavior or security breaches. DesignWave may access, review, and preserve information as reasonably necessary to (a) satisfy applicable laws, regulations, or government requests, (b) enforce these terms, or (c) protect the rights, property, health, or safety of DesignWave, its partners, customers, or the public.

8. Privacy Policy

Customers agree to the terms laid out in the Privacy Policy which details how DesignWave may collect and process personal data. Since the website and services are hosted in the United Kingdom, data transfers shall comply with UK and EU data protection laws. DesignWave does not knowingly collect personal data from minors under 16 without verifiable parental consent.

9. Refunds

DesignWave reserves the sole right to approve or deny any request for a refund on services, at its discretion and without further liability or explanation. All customized materials produced by DesignWave remain its intellectual property and Customers may not use or distribute those materials if a refund is issued. Refunds granted within 30 days of first purchase may incur a 25% processing fee deducted from remainder of billable period. Unauthorized use of refunded materials may result in legal action for copyright infringement or breach of contract.

10. Modifications

DesignWave reserves the right to modify, adapt, or change the website, services, and these terms at any time as reasonably required to improve operation, comply with laws, accommodate technology changes, or address security risks. DesignWave will aim to notify Customers of any significant changes to core functionality or terms of service.

11. Connection Interruptions

DesignWave shall not bear any liability or responsibility for any damages arising from interruptions, delays, transmission errors, service failures, or other issues which are outside of DesignWave’s reasonable control. This includes internet disruptions, ISP failures, telecoms problems, power outages, computer failures, inadequate bandwidth, acts of god, global pandemics, war, terrorism, civil unrest, strikes, government restrictions, or any force majeure events.

12. Governing Law

These terms of service and any disputes relating to use of the website or services shall be interpreted, governed, and enforced exclusively according to the laws of England and Wales, without regard to conflicts of law principles. This governs all interactions between DesignWave and Customer.

13. Dispute Resolution

All disputes arising from these terms or the website shall be subject to the exclusive jurisdiction of the courts of England and Wales. Customers based outside of the UK expressly agree to UK jurisdiction and forum to resolve disputes.

14. Disclaimers

The website, services, and all materials are provided on an "as is" basis without warranty of any kind. DesignWave expressly disclaims any and all implied warranties including merchantability, fitness for a particular purpose, and non-infringement. No advice from representatives constitutes a warranty. DesignWave does not warrant the accuracy, completeness, or reliability of any information on the website and does not guarantee it is error-free or that defects will be corrected. Customer's use any portion of the website or services is at their own discretion and risk.

15. Limitation of Liability

DesignWave shall not bear any liability for direct, indirect, incidental, consequential, special, punitive or any other form of damages arising from use of the website or services - whether based in contract, tort, strict liability, or other theories. DesignWave also disclaims liability for any loss of data, revenue, profits, use, reputation, or other intangibles. Customers shall defend, indemnify, and hold DesignWave harmless from any claims, damages, losses, and expenses arising from: (a) Customer's use of the website or services; (b) Customer's violation of these terms; (c) Customer's violation of any third party rights.

16. User Data

Customers are solely responsible for the content, quality, integrity, legality, and security of any data transmitted by them through use of the website and services. DesignWave shall not be liable under any circumstances for the deletion, correction, loss, or failure to store or backup any Customer data. Customers waive any right to legal action against DesignWave for losses or damages resulting from data issues.

17. Electronic Communications

By using the website or services, Customer consents to receiving electronic communications from DesignWave, including via email, text, in-app notifications, or other means. Customer agrees such communications meet any legal requirements that communication be in writing. Customer accepts the use of electronic signatures, contracts, notices, and records related to services obtained on the website. Customer waives objections to electronic delivery of records and transactions.

18. Showcasing Work

DesignWave reserves the right to display and publish completed Customer projects as part of its public portfolio of work to demonstrate capabilities, unless expressly prohibited by a mutual non-disclosure agreement pre-existing between the parties.

19. Referral Partners

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

20. Contact Information

Direct any enquiries about these terms of service to: jordan@jords.co.uk