These Terms and Conditions (“Terms”) govern your use of the services, website, communication platforms, and professional engagements (“Services”) provided by Offshorewave Private Limited (“Offshorewave,” “we,” “us,” or “our”), a company registered under the Companies Act, 2013, with its principal office located in Pune, Maharashtra, India. By accessing our services—either via our website, email, phone, or through signed business agreements—you agree to these Terms in full. If you do not agree, please refrain from using our services.
1. Scope of Services
Offshorewave Private Limited is engaged in the business of business process outsourcing, staffing services, third-party payroll management, and consulting for clients located in India, the United States, and other international regions. Our services are delivered under formally executed agreements or confirmed project scopes. For example, a client in New York may engage us for IT staffing under a Statement of Work (SOW), which becomes binding once both parties approve it via email or digital signature.
2. User Eligibility and Responsibility
You must be at least 18 years old and legally capable of entering into contracts under applicable laws to use our services. By engaging with Offshorewave, you represent that all information provided is true, current, and complete. You are responsible for maintaining confidentiality of access credentials shared during service delivery, such as candidate logins, project dashboards, or payroll portals.
3. Client Obligations and Cooperation
Clients are expected to provide clear, timely, and accurate information required for project delivery. This includes but is not limited to job descriptions, work authorizations, reporting requirements, and access to client systems (where necessary). For example, if a U.S. client fails to provide onboarding documents or delays in confirming project terms, Offshorewave shall not be liable for missed deadlines or staffing delays.
4. Pricing, Payment Terms, and Taxes
All fees are outlined in the relevant contract or quotation and must be paid as per the agreed timelines. Offshorewave reserves the right to apply late payment fees, suspend services, or terminate contracts in case of non-payment. All applicable taxes (GST in India, sales tax in the U.S., or withholding taxes in international jurisdictions) will be invoiced in compliance with local laws. For instance, a U.S. client engaging in payroll outsourcing will receive invoices inclusive of applicable service tax based on the registered place of supply.
5. Intellectual Property Rights
Unless otherwise specified in the contract, all content, code, documentation, training material, and deliverables produced by Offshorewave remain our intellectual property until full payment is received. Clients receive a non-exclusive, non-transferable license to use the work products for their internal business purposes only. For example, a client cannot reuse a recruitment automation tool built by us for third-party sale without our written consent.
6. Data Privacy and Communications
We adhere to global data privacy standards, including the GDPR, CCPA, and India’s IT Act, and ensure that all communications via email or SMS comply with laws such as the CAN-SPAM Act and TRAI guidelines. By using our services, you consent to receive relevant communications, including service notifications, transactional updates, and limited marketing messages. You may opt out of non-essential messages via unsubscribe links or by emailing privacy@theoffshorewave.com.
For example, when a candidate applies through our job portal, they receive automated confirmation emails and onboarding updates. Marketing emails include unsubscribe links as required by U.S. and EU law.
7. Confidentiality
Both parties agree to maintain strict confidentiality of all proprietary or sensitive information exchanged during the engagement. This includes candidate databases, client financials, project strategies, and internal tools. Information will not be disclosed to third parties without express written consent, except where required by law. Confidentiality survives contract termination.
8. Limitation of Liability
Offshorewave shall not be liable for indirect, incidental, special, or consequential damages arising out of or in connection with the use or inability to use our services. Our total liability for any claims under these Terms shall not exceed the total fees paid to us under the relevant project or contract. For example, if a client incurs losses due to delays caused by their own data submission errors, Offshorewave cannot be held financially liable for project failure.
9. Termination of Services
Either party may terminate the agreement with prior written notice as specified in the contract. Grounds for immediate termination include breach of terms, non-payment, misconduct, or illegal activity. Upon termination, the client is responsible for clearing all outstanding dues, and Offshorewave will return or delete all client-owned data as per policy. For instance, if a client terminates a staffing agreement mid-way, Offshorewave will invoice for services rendered up to that point.
10. Force Majeure
We are not liable for delays or failure in performance due to events beyond our reasonable control, including natural disasters, pandemics, cyberattacks, changes in law, or disruptions in telecom/internet services. In such cases, project deadlines may be extended or paused without penalty to either party.
11. Jurisdiction and Governing Law
These Terms are governed by and interpreted in accordance with the laws of India. All disputes shall be subject to the exclusive jurisdiction of the courts in Pune, Maharashtra, India. However, for clients in the U.S. or Europe, Offshorewave is open to resolving disputes via arbitration or mediation as per mutually agreed terms in the master service agreement.
12. Amendments
Offshorewave reserves the right to modify these Terms at any time. Changes will be posted on our website with an updated “Last Modified” date. Continued use of our services constitutes acceptance of the updated Terms. Clients are advised to periodically review this section for updates.
13. Contact Us
For any queries, notices, or to request clarification regarding these Terms, please reach out to us at:
Email: legal@theoffshorewave.com
Address: Offshorewave Private Limited, [Registered Office Address], Pune, Maharashtra, India.