General Terms & Conditions

The website located at http://www.bolmann.com/ (the “Site”) is a copyrighted work belonging to BOLAMNN, (“bolmann”, “us”, and “we”). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features. To the extent such terms, guidelines, and rules conflict with these General Terms and Conditions, these General Terms and Conditions shall govern.
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These General Terms and Conditions (“Agreement”) set forth the legally binding terms for your use of the Site and Services. By registering for Services, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Site or Services if you are not at least 18 years old. If you do not agree with all of the provisions of this Agreement, you cannot use the Services.
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In case you are located in the United States this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
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1. Service Description and Pricing
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At Bolmann, we offer a range of design services aimed at helping businesses establish a strong visual identity. Our services are tailored to meet the specific needs of each client, ensuring a unique and personalized experience. Below is a detailed description of our services along with their pricing:
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1.1 Logo Design
Our logo design service involves the creation of a unique and memorable visual representation of your brand. We work closely with you to understand your business, target audience, and brand personality, which helps us create a logo that resonates with your customers and sets you apart from competitors.
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Pricing:
Standard Logo Design Package: $997 - Includes 3 Initial logo design concepts design by 1 of our junior designers, up to 3 revisions, and 1 Final logo design concept in all digital, printable, web & editable Files.

Premium Logo Design Package: $1999 - Includes 7 Initial logo design concepts design by 3 of our senior designers, with unlimited rounds of revisions, and 1 Final logo design that is versatile and can be used across a variety of mediums including print, digital, and social media and a comprehensive brand style guide.

1.2 Logo and Brand Identity Design
Our brand identity design service encompasses the creation of a complete visual system for your brand, including logo, color palette, typography, and other design elements. This ensures a consistent and cohesive look across all your marketing materials and touchpoints.
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Pricing:
Premium Logo & Brand Identity Package: $2999 - Includes 7 Initial logo design concepts design by 3 of our senior designers, with unlimited rounds of revisions, and 1 Final logo design that is versatile and can be used across a variety of mediums including print, digital, and social media and a comprehensive brand style guide. primary and secondary logos, Color palette, typography, and supporting elements as well as business card, letterhead, envelope, and Twitter & Facebook header are also included

1.3 Custom Design Services
We also offer custom design services for clients with specific requirements not covered in our standard packages. These services can include, but are not limited to, website design, packaging design, marketing materials, and more. Pricing for custom design services is determined on a project-by-project basis, taking into account factors such as complexity, time, and resources required.
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Pricing: Please contact us to discuss your project and receive a custom quote.
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Please note that the prices listed above are for reference purposes and are subject to change. Final pricing will be agreed upon before the commencement of any project. Additional services or revisions beyond the scope of the selected package may be subject to additional fees.
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2. Copyright and Ownership
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2.1 Copyright Grant
Upon receipt of full payment, BOLMANN ("we", "us", "our") shall transfer to the Client ("you", "your") the exclusive copyright ownership of the final, approved design works created as part of our Services. This includes, but is not limited to, logos, brand identity elements, and any other deliverables agreed upon in the project scope. The Client will have the right to use the final design works for any purpose without restriction.
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2.2 Preliminary Works
We retain all rights, title, and interest in any preliminary works, including sketches, drafts, concepts, and other materials created during the design process but not included in the final deliverables. The Client shall have no right to use, reproduce, or modify any preliminary works without our express written consent.
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2.3 Third-Party Materials
In some cases, the final design works may include third-party materials, such as stock images, fonts, or software. In such instances, the Client is responsible for obtaining the necessary licenses and permissions for the use of these materials, unless otherwise agreed upon in writing. We will provide guidance on obtaining the required licenses and permissions, if necessary.
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2.4 Attribution and Promotion
We reserve the right to display and reference the final design works in our portfolio, on our website, and in other promotional materials. The Client grants us a non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, and display the final design works for these purposes. If the Client requests that the project not be displayed or referenced, a separate agreement must be made in writing.
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2.5 Client Responsibilities
The Client represents and warrants that any materials provided to us for use in the project, such as logos, images, or text, are either owned by the Client or that the Client has obtained the necessary rights and permissions to use such materials. The Client agrees to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising out of any breach of these representations and warranties.

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3. Payment Terms
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3.1 Payment Schedule
For all design projects, full payment is required upfront before the commencement of any work. This payment secures your spot in our project schedule and covers the entire project expenses.
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3.2 Accepted Payment Methods
We accept payment via Stripe, a secure and widely recognized online payment gateway. Stripe allows for payments using various credit and debit cards. Detailed payment instructions will be provided during the checkout process on our website or through a secure payment link.
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3.3 Invoices and Payment Confirmation
Upon successful payment, an invoice will be issued electronically, confirming the payment and project details. It is the Client's responsibility to retain a copy of the invoice for their records.
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3.4 Additional Services and Expenses
Any additional services or revisions requested beyond the scope of the agreed-upon project or package may be subject to additional fees. These fees will be communicated to the Client beforehand and will require written approval before any additional work commences. The Client will also be responsible for any out-of-pocket expenses incurred during the project, such as stock image licenses or font licenses, which will be invoiced separately.
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3.5 Cancellation and Refund Policy
In the event the Client cancels the project before completion, the Client may be eligible for a partial refund, determined on a case-by-case basis, taking into account the work completed and expenses incurred up until the cancellation. Due to the nature of our services and the upfront payment requirement, we encourage Clients to carefully consider their decision before making a payment and starting a project with us.
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4. Client Responsibilities
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4.1 Accurate and Complete Information
The Client is responsible for providing accurate, complete, and timely information about their business, target audience, project requirements, and design preferences. This information is essential for us to deliver a design that meets the Client's expectations and objectives. The Client must promptly inform us of any changes in the provided information during the project.
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4.2 Submission of Materials
The Client must provide all necessary materials for the project, such as logos, images, text, or any other content required for the design. The Client is responsible for ensuring that they have the appropriate rights and permissions to use these materials, and that they are provided in the required formats and resolutions.
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4.3 Timely Feedback and Approval
The Client is expected to provide timely feedback and approval at various stages of the project. Delays in providing feedback or approvals may impact the project timeline and final delivery. The Client should clearly communicate any concerns, revisions, or preferences to ensure a smooth design process.
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4.4 Intellectual Property Rights
The Client represents and warrants that any materials provided to us for use in the project, such as logos, images, or text, are either owned by the Client or that the Client has obtained the necessary rights and permissions to use such materials. The Client agrees to indemnify and hold us harmless from any claims, damages, or expenses (including reasonable attorney's fees) arising out of any breach of these representations and warranties.
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4.5 Compliance with Laws
The Client is responsible for ensuring that their use of our services and the design works provided comply with all applicable laws, regulations, and industry standards. This includes, but is not limited to, copyright and trademark laws, advertising regulations, and privacy requirements.
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4.5 Payment
The Client is responsible for making the full payment upfront, in accordance with the Payment Terms outlined in this agreement. Failure to make the payment as required may result in delays or suspension of work on the project.
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By engaging in a project with BOLMANN, the Client agrees to fulfill these responsibilities and acknowledges that failure to do so may impact the project's outcome and our ability to deliver the desired results.

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5. Revisions and Modifications
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5.1 Revision Rounds
Our design packages typically include a specified number of revision rounds to ensure that the final design meets the Client's expectations and requirements. A revision round is defined as a set of changes or modifications requested by the Client after reviewing a design concept or draft. The number of revision rounds included in each package is outlined in the Service Description and Pricing.
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5.2 Scope of Revisions
Revisions should be reasonable and within the scope of the original project brief. Minor revisions include adjustments to color, typography, layout, or other design elements that do not require a complete redesign. Major revisions, such as changing the overall concept or direction of the design, may be considered outside the scope of the original project and could be subject to additional fees.
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5.3 Additional Revisions
If the Client requires additional revision rounds beyond those included in the selected package, we will provide a quote for the additional work based on our hourly rate or a fixed fee, depending on the complexity and scope of the revisions. The Client must agree to the additional fees before any further revisions are carried out.
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5.4 Revision Timelines
The Client is expected to provide feedback and revision requests in a timely manner to ensure a smooth design process and to avoid delays in the project timeline. We will make every effort to accommodate the Client's schedule and respond to revision requests within a reasonable timeframe. However, the exact turnaround time for revisions may vary depending on the complexity of the requested changes and our current workload.
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5.5 Final Approval
Once the Client has approved the final design, any further revisions or modifications requested may be subject to additional fees. It is the Client's responsibility to thoroughly review and approve the final design before it is delivered in the final formats. The Client is responsible for any errors or issues discovered after the final approval and delivery of the design files.
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By engaging in a project with BOLMANN, the Client agrees to the Revisions and Modifications terms and understands the process and limitations involved in making changes to the design work.

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6. Cancellation and Refund Policy
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6.1 Cancellation by Client
In the event the Client decides to cancel the project before completion, the Client must notify us in writing as soon as possible. Due to the upfront payment requirement and the nature of our services, we encourage Clients to carefully consider their decision before making a payment and starting a project with us.
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6.2 Refund Eligibility
Upon cancellation of the project, the Client may be eligible for a partial refund, determined on a case-by-case basis. The refund amount will take into account the work completed and expenses incurred up until the point of cancellation. Factors that may influence the refund amount include the project's progress, the number of completed revision rounds, and any third-party expenses.
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6.3 Non-refundable Expenses
Please note that certain expenses, such as stock image licenses, font licenses, or other third-party costs, may be non-refundable. These expenses will be deducted from any eligible refund amount.
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6.4 Cancellation by BOLMANN
We reserve the right to cancel a project at any time if we determine that the project is not a good fit, if there are significant communication issues, or if the Client fails to fulfill their responsibilities as outlined in the Client Responsibilities section. In the event of cancellation by BOLMANN, we will refund the Client's payment, less any non-refundable expenses and fees for the work completed up until the point of cancellation.
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6.5 Refund Process
If the Client is eligible for a refund, we will process the refund through Stripe within a reasonable timeframe, typically within 30 business days. The refunded amount will be credited back to the original payment method used by the Client.
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By engaging in a project with BOLMANN, the Client agrees to this Cancellation and Refund Policy and understands the conditions under which a refund may be granted.

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7. Confidentiality
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7.1 Definition of Confidential Information
Confidential Information refers to any non-public information, data, materials, or knowledge that is disclosed, exchanged, or otherwise communicated between BOLMANN and the Client during the course of the project. This may include, but is not limited to, business plans, marketing strategies, customer information, trade secrets, proprietary processes, or other sensitive data.
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7.2 Protection of Confidential Information
Both BOLMANN and the Client agree to protect and maintain the confidentiality of any Confidential Information received from the other party during the project. This includes taking reasonable measures to prevent unauthorized access, disclosure, or use of Confidential Information, as well as limiting access to Confidential Information to personnel on a need-to-know basis.
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7.3 Permitted Uses of Confidential Information
Confidential Information may be used solely for the purpose of performing our obligations under the project agreement or as required by law. Neither party shall disclose, reproduce, or distribute Confidential Information to any third party without the express written consent of the disclosing party, except as required by law or as necessary to fulfill their obligations under the project agreement.
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7.4 Exceptions to Confidentiality
The confidentiality obligations set forth in this agreement do not apply to information that:
a. Is already known to the receiving party at the time of disclosure, as evidenced by written records;
b. Is or becomes publicly available through no fault of the receiving party;
c. Is independently developed by the receiving party without reference to or use of the Confidential Information; or
d. Is lawfully obtained from a third party without any obligation of confidentiality.
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7.5 Duration of Confidentiality Obligations
The obligations of confidentiality under this agreement shall remain in effect for a period of 2 years from the date of disclosure of the Confidential Information, unless otherwise agreed upon in writing by both parties.
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By engaging in a project with BOLMANN, the Client agrees to these Confidentiality terms and understands their responsibilities in protecting and maintaining the confidentiality of any information exchanged during the course of the project.


8. Disclaimer of Warranties and Limitation of Liability
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8.1 Disclaimer of Warranties
BOLMANN provides design services on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the quality, accuracy, completeness, suitability, or reliability of the design works or any other materials provided as part of our services. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
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8.2 Limitation of Liability
In no event shall BOLMANN, its owners, employees, contractors, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages (including, but not limited to, damages for loss of profits, goodwill, data, or other intangible losses) arising out of or in connection with the use of our services or the design works provided, even if we have been advised of the possibility of such damages.
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8.3 Maximum Liability
If, notwithstanding the foregoing limitations, BOLMANN is found to be liable to the Client for any reason, our maximum aggregate liability for all claims arising out of or related to the services provided shall not exceed the total amount of fees paid by the Client for the specific project in question.
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8.4 Indemnification
The Client agrees to indemnify, defend, and hold harmless BOLMANN, its owners, employees, contractors, and agents from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees) arising out of or related to:
a. The Client's use of the design works or any other materials provided as part of our services;
b. The Client's breach of any of their representations, warranties, or obligations under this agreement; or
c. Any infringement or alleged infringement of any third-party's intellectual property rights resulting from the Client's use of the design works or any other materials provided as part of our services.
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8.5 Acknowledgment of Risks
The Client acknowledges that the use of our services and the design works provided involves certain risks, including, but not limited to, the possibility of errors, inaccuracies, or omissions in the design works, as well as the risk of claims from third parties related to intellectual property infringement. The Client assumes all risks associated with the use of our services and the design works provided.
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By engaging in a project with BOLMANN, the Client agrees to these Disclaimer of Warranties and Limitation of Liability terms and understands the limitations and risks involved in using our services.


9. Governing Law and Dispute Resolution
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9.1 Governing Law
These Terms and Conditions, along with any project agreement or proposal, shall be governed by and construed in accordance with the laws of The Jurisdiction chosen by BOLMANN, without regard to its conflict of law provisions.
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9.2 Dispute Resolution
In the event of any dispute, claim, or disagreement arising out of or relating to these Terms and Conditions or any project agreement, the parties shall first attempt to resolve the dispute amicably through good faith negotiations.
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9.3 Mediation
If the parties are unable to resolve the dispute through negotiation within 30 days, either party may initiate mediation by providing written notice to the other party. The parties shall mutually agree upon a mediator and shall equally share the costs of mediation. Mediation shall take place in a location mutually agreed upon by the parties, or through an online mediation platform if more convenient.
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9.4 Arbitration
If the dispute remains unresolved after mediation, either party may initiate binding arbitration by providing written notice to the other party. The arbitration shall be conducted in accordance with the rules of [ the American Arbitration Association or another arbitration institution]. The arbitration shall take place in a location mutually agreed upon by the parties or through an online arbitration platform if more convenient. The arbitrator's decision shall be final and binding on the parties, and any judgment on the award may be entered in any court having jurisdiction.
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9.5 Litigation
In the event that mediation and arbitration do not resolve the dispute, either party may seek appropriate legal remedies through litigation in a court of competent jurisdiction.
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9.6 Injunctive Relief
Notwithstanding the foregoing dispute resolution procedures, either party may seek injunctive relief or other equitable remedies in a court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.
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By engaging in a project with BOLMANN, the Client agrees to these Governing Law and Dispute Resolution terms and understands the procedures and venue for resolving disputes related to our services.

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10. Severability
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If any provision of these Terms and Conditions or any project agreement is found by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable, such provision shall be deemed modified to the minimum extent necessary to render it valid, legal, and enforceable, while maintaining the original intent of the parties to the greatest extent possible. If such modification is not possible, the invalid, illegal, or unenforceable provision shall be severed from the remaining provisions, and the remaining provisions shall continue in full force and effect, as if the invalid, illegal, or unenforceable provision had never been a part of these Terms and Conditions or any project agreement.By engaging in a project with BOLMANN, the Client agrees to this Severability clause and understands the implications of any provision being found invalid, illegal, or unenforceable.

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11. Changes to Terms and Conditions
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11.1 Updates and Amendments
BOLMANN reserves the right to update, amend, or modify these Terms and Conditions at any time and without prior notice. Any changes to the Terms and Conditions will be posted on our website, and it is the Client's responsibility to review the updated terms periodically.

11.2 Applicability of Changes
Changes to the Terms and Conditions will only apply to projects initiated after the effective date of the updated terms. For ongoing projects or projects initiated before the effective date of the updated terms, the Terms and Conditions in effect at the time of project initiation shall continue to apply, unless both parties agree in writing to be bound by the updated terms.
By engaging in a project with BOLMANN, the Client agrees to these terms regarding Changes to Terms and Conditions and understands their responsibility to stay informed about any updates or amendments.

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12. Entire Agreement
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These Terms and Conditions, together with any project agreement, proposal, or other documents expressly incorporated by reference, constitute the entire agreement between BOLMANN and the Client with respect to the subject matter hereof, and supersede all prior or contemporaneous negotiations, communications, and agreements, whether oral or written, between the parties regarding the subject matter.
No modifications, amendments, or waivers of any provision of these Terms and Conditions or any project agreement shall be effective unless agreed upon in writing by both parties. No failure or delay by either party in exercising any right or remedy under these Terms and Conditions or any project 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 further exercise of that or any other right or remedy.
By engaging in a project with BOLMANN, the Client agrees to this Entire Agreement clause and acknowledges that this agreement represents the complete understanding between both parties concerning the subject matter.
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13. Waiver and Assignment
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13.1 Waiver
No failure or delay by either party in exercising any right, power, or remedy under these Terms and Conditions or any project agreement shall operate as a waiver of such right, power, or remedy. Likewise, no single or partial exercise of any right, power, or remedy shall preclude any further exercise of that or any other right, power, or remedy. Any waiver of any provision of these Terms and Conditions or any project agreement must be in writing and signed by the waiving party to be effective.

13.2 Assignment
The Client may not assign, transfer, or delegate any of their rights or obligations under these Terms and Conditions or any project agreement without the prior written consent of BOLMANN. BOLMANN may assign, transfer, or delegate any of its rights or obligations under these Terms and Conditions or any project agreement to any affiliate or successor entity, provided that the quality of the services provided to the Client is not materially affected by such assignment, transfer, or delegation.
By engaging in a project with BOLMANN, the Client agrees to this Waiver and Assignment clause and understands their rights and obligations related to waivers and assignments.

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14. Force Majeure
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Neither party shall be held liable or responsible for any failure or delay in the performance of its obligations under these Terms and Conditions or any project agreement due to causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, civil unrest, terrorist attacks, labor disputes or strikes, pandemics, epidemics, government actions, communications or utility failures, or any other event or circumstance not within the control of the affected party (a "Force Majeure Event").

Upon the occurrence of a Force Majeure Event, the affected party shall notify the other party as soon as reasonably possible and shall use its best efforts to mitigate the impact of the Force Majeure Event on the performance of its obligations. The time for performance of the affected obligations shall be extended for a period equal to the duration of the Force Majeure Event, or for such other period as the parties may agree in writing.

If the Force Majeure Event continues for a period of more than 30 days, either party may terminate the project agreement upon written notice to the other party, without incurring any liability or obligation, except for any fees or expenses incurred prior to the termination.

By engaging in a project with BOLMANN, the Client agrees to this Force Majeure clause and understands the implications of a Force Majeure Event on the performance of the parties' obligations under these Terms and Conditions or any project agreement.
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15. Contact Information
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If you have any questions or concerns about these Terms and Conditions, please contact us at: support@bolmann.com