The Bournes Group – Terms of Service

1. Introduction & Scope

• These Terms of Service (“Terms”) govern your access to and use of all services, products, and platforms operated under The Bournes Group, including but not limited to:

  • JakeX (Jake AI) – AI‑driven tools, conversational interfaces, and digital assistance.

  • ZARVANI – Premium fashion, lifestyle products, and brand experiences.

  • Bravyn – Creative design, branding, and marketing asset creation.

• By engaging with any of these services, you agree to be bound by these Terms in full.

• The Bournes Group is led and operated solely by Jaaziel Bournes as the primary and responsible provider.

• The Bournes Group is not a registered corporation; it is an independent, youth‑led creative and technology platform.

• Any affiliates, representatives, collaborators, or third‑party providers engaged in delivering services are not personally liable for any claims, damages, or disputes arising from your use of our services.

• By using our services, you acknowledge that:

  • All operational responsibility rests with Jaaziel Bournes.

  • You will not pursue claims against affiliates, representatives, or associated persons.

  • You understand and accept the independent nature of the services provided.

 

2. Definitions & Interpretation

• “The Bournes Group” refers to the collective of services operated by Jaaziel Bournes, including JakeX, ZARVANI, and Bravyn.

• “Client,” “you,” or “your” refers to any individual or entity engaging with our services.

• “Affiliates” means any person or entity associated with The Bournes Group in a representative, collaborative, or supportive capacity, without direct operational control.

• “Third‑Party Providers” means external companies or individuals contracted to perform specific functions such as payment processing, manufacturing, shipping, or hosting.

• “Services” means all creative, branding, fashion, technology, and consulting offerings provided under The Bournes Group.

• Words in the singular include the plural and vice versa.

• Headings are for convenience only and do not affect interpretation.

 

3. Informal Status & No Corporate Protections

• The Bournes Group is not a legally incorporated business.

• All transactions are personal agreements between you and Jaaziel Bournes.

• No corporate insurance, statutory protections, or government‑backed guarantees apply.

• You accept the inherent limitations of engaging with an independent provider.

• Affiliates and representatives are not responsible for any operational, financial, or legal obligations arising from your use of our services.

 

4. Acceptance of Responsibility by Operator

• Jaaziel Bournes accepts full operational responsibility for the delivery of services under The Bournes Group.

• This acceptance does not extend to liability for damages, losses, or claims beyond the limits set forth in these Terms.

• You acknowledge that Jaaziel Bournes is aware of and consents to the responsibilities inherent in operating these services, regardless of age or legal status.

• Affiliates and representatives are expressly excluded from operational responsibility.

 

5. Minimal Liability

To the maximum extent permitted by law:

• The Bournes Group, Jaaziel Bournes, and any affiliates, representatives, collaborators, or third‑party providers are not liable for any indirect, incidental, consequential, or punitive damages.

• Our total liability for any claim is limited to the amount you paid for the specific service in question.

• We are not responsible for:

  • Delays caused by you, third‑party platforms, or force majeure events.

  • Loss of data, profits, or opportunities.

  • Technical issues outside our control.

  • Misuse, modification, or unintended application of our services or products.

 

6. Payment & Checkout

• All payments must be made in full before work begins.

• Payments are processed securely through various accepted methods, which may include Cash App and other agreed‑upon options.

• Orders are not confirmed until payment is received in full.

• All sales are final unless otherwise agreed in writing.

• You are solely responsible for ensuring you have the legal right to use the payment method provided.

• Unauthorized use of a payment method — including minors using a parent’s or guardian’s card without permission — is the responsibility of the payment method owner, not The Bournes Group.

• Any disputes regarding unauthorized use must be resolved directly between the payment method owner and their financial institution.

 

7. Third‑Party Fulfillment & Responsibility Transfer

• We may use third‑party providers to manufacture, package, deliver, or host aspects of our services.

• Once your order or project is transferred to a third‑party provider, all responsibility for fulfillment passes to that provider.

• We are not liable for delays, damages, defects, or losses that occur after transfer.

• You agree to work directly with the relevant third‑party provider to resolve such issues.

 

8. Client Responsibilities

You agree to:

• Provide accurate, complete, and timely information for your project.

• Respond to communications promptly.

• Ensure you have the legal rights to any materials you provide.

• Approve or request revisions within the agreed timeframe.

• Use our services only for lawful, positive, and non‑harmful purposes.

 

9. Intended Use & Responsibility

• Our services are intended for lawful, positive, and expressive purposes.

• We do not design or provide services for harmful, dangerous, illegal, or abusive activities.

• You are solely responsible for how you choose to use any products or services you receive from us.

• We are not responsible or liable for any misuse, modification, or application of our services or products that results in injury, damage, legal consequences, or other negative outcomes.

 

10. No Guarantees

We do not guarantee:

• Specific sales, engagement, or business outcomes.

• Compatibility with all platforms, devices, or formats.

• That our services will meet every expectation without clear, written agreement.

• That third‑party providers will meet delivery timelines or quality standards.

11. Legal Capacity & Client Confirmation

• By using our services, you confirm that you:

  • Have the legal capacity to enter into a binding agreement in your jurisdiction; or

  • Have obtained the consent and supervision of a parent or legal guardian if required by law.

• You are solely responsible for ensuring that your use of our services complies with all applicable laws in your jurisdiction.

• We are not responsible for verifying parental or guardian consent.

• Any misrepresentation of your legal capacity is your responsibility and does not invalidate these Terms.

 

12. Operator’s Acknowledgement of Responsibility

• Jaaziel Bournes acknowledges and accepts full operational responsibility for the services provided under The Bournes Group, including JakeX, ZARVANI, and Bravyn.

• This acknowledgement is made with full awareness of the nature of the services, the associated risks, and the independent status of the operation.

• Acceptance of operational responsibility does not mean acceptance of unlimited liability — all liability remains limited as set forth in these Terms.

• Affiliates, representatives, and associated persons are expressly excluded from operational responsibility.

 

13. Affiliate & Representative Protection

• Any affiliates, representatives, collaborators, or associated persons involved in supporting The Bournes Group are not personally liable for any claims, damages, or disputes arising from your use of our services.

• You agree not to pursue legal action against such individuals or entities in connection with your use of our services.

• This protection applies regardless of the affiliate’s level of involvement, unless otherwise required by law.

 

14. Pre‑Dispute Communication Requirement

• Before initiating any legal action, you agree to:

  • Contact us in writing at info@bournesgroup.com with a detailed description of your concern.

  • Allow at least 30 calendar days for us to review and respond.

• This requirement is intended to encourage resolution without litigation.

• Failure to follow this process may be used as a defense against any legal claim you bring.

 

15. Governing Law & Jurisdiction

• These Terms are governed by and construed in accordance with the laws of the State of Delaware, USA.

• Any disputes must be brought exclusively in the state or federal courts located in Delaware.

• You consent to the personal jurisdiction of these courts and waive any objection to venue.

• This clause applies regardless of your location or the location from which you access our services.

 

16. No Class Actions

• You agree to resolve disputes with us only on an individual basis.

• You waive any right to participate in a class action, class arbitration, or representative action against The Bournes Group, Jaaziel Bournes, or any affiliates.

• This waiver applies to all claims, whether legal, equitable, or statutory.

 

17. No Liability for Age‑Related Restrictions

• We are not responsible for any consequences arising from your failure to comply with age‑related laws or requirements in your jurisdiction.

• If you are under the legal age of majority, it is your responsibility to obtain any necessary permissions before using our services.

• Unauthorized use of a payment method by a minor is the responsibility of the payment method owner, not The Bournes Group.

 

18. Independent Contractor Status

• All services are provided by Jaaziel Bournes as an independent contractor.

• No partnership, joint venture, employment, or agency relationship exists between you and The Bournes Group.

• Affiliates and representatives act solely in a supportive or facilitative capacity and are not agents of The Bournes Group.

 

19. Entire Agreement Across Brands

• These Terms apply to all services under The Bournes Group umbrella, including JakeX, ZARVANI, and Bravyn.

• Brand‑specific Terms and Privacy Policies are incorporated by reference and form part of this agreement.

• In the event of a conflict between these Terms and a brand‑specific policy, these Terms will prevail unless otherwise stated.

 

20. Severability

• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

• An invalid provision will be replaced with a valid one that most closely matches the original intent.

• This clause ensures that the agreement remains enforceable even if part of it is struck down.

21. No Third‑Party Liability

• You agree that no affiliates, representatives, collaborators, or associated persons connected to The Bournes Group are personally liable for any claims, damages, or disputes arising from your use of our services.

• This protection applies regardless of the affiliate’s role, contribution, or level of involvement.

• You waive any right to bring legal action against such individuals or entities in connection with your use of our services.

• This clause is intended to fully shield non‑operational parties from legal exposure.

 

22. No Implied Agency

• The use of any affiliate, representative, or third‑party provider does not create an agency, partnership, or employment relationship between them and you.

• No person or entity is authorized to make commitments, representations, or warranties on behalf of The Bournes Group unless expressly stated in writing by Jaaziel Bournes.

• Any statements or actions by affiliates or third parties that are not expressly authorized are not binding on The Bournes Group.

 

23. Separate Legal Identity

• The Bournes Group, as operated by Jaaziel Bournes, is a separate legal and operational entity from any affiliates, representatives, or associated persons.

• Consent, agreements, or arrangements made between affiliates and third‑party platforms (e.g., payment processors) do not create any contractual relationship between those affiliates and clients.

• All client agreements are solely between the client and Jaaziel Bournes.

 

24. At Your Own Risk

• You use our services entirely at your own risk.

• We make no guarantees that our services will meet your expectations, achieve specific results, or be free from errors.

• You are responsible for evaluating whether our services are suitable for your intended purpose before engaging.

• We are not liable for any losses, damages, or dissatisfaction resulting from your decision to use our services.

 

25. No Liability for Third‑Party Misconduct

• We are not responsible for the actions, omissions, or misconduct of any third‑party providers, platforms, or collaborators.

• This includes, but is not limited to:

  • Payment processors

  • Shipping carriers

  • Hosting providers

  • Manufacturing partners

• Any disputes with third‑party providers must be resolved directly with them.

 

26. No Liability for Client Misuse

• We are not responsible for any harm, damage, or loss caused by your misuse of our services or products.

• Misuse includes, but is not limited to:

  • Using services for illegal or harmful purposes

  • Altering or modifying deliverables in a way that causes damage

  • Ignoring provided usage or care instructions

• All consequences of misuse are solely your responsibility.

 

27. No Liability for Force Majeure Events

• We are not liable for delays, failures, or disruptions caused by events beyond our reasonable control (“Force Majeure Events”), including but not limited to:

  • Natural disasters

  • Power outages

  • Internet disruptions

  • Strikes or labor disputes

  • Acts of government

• Force Majeure Events do not constitute a breach of these Terms.

 

28. No Liability for Platform Changes

• We are not responsible for any impact on your project caused by changes in third‑party platforms, including:

  • Feature removals

  • Policy updates

  • Pricing changes

  • Service discontinuations

• You acknowledge that platform changes are outside our control and may affect deliverables.

 

29. No Liability for Unauthorized Access

• We are not responsible for any unauthorized access to your accounts, data, or communications unless directly caused by our proven negligence.

• You are responsible for maintaining the security of your own devices, accounts, and passwords.

• We recommend using strong passwords and enabling multi‑factor authentication where available.

 

30. No Liability for Client‑Provided Materials

• We are not responsible for any legal, financial, or reputational consequences arising from materials you provide to us, including:

  • Images

  • Text

  • Logos

  • Other creative assets

• You represent and warrant that you have the legal right to use all materials you provide.

• Any infringement claims resulting from your materials are your sole responsibility.

31. Intellectual Property Rights

Ownership of Deliverables

• All final deliverables created under The Bournes Group, including JakeX, ZARVANI, and Bravyn, remain the intellectual property of Jaaziel Bournes until full payment is received.

• Ownership transfers to the client only upon confirmed receipt of full payment for the specific service.

• Until payment is complete, the client has no license to use, reproduce, or distribute the deliverables.

• Unauthorized use of unpaid deliverables constitutes infringement and may result in legal action.

• All preliminary drafts, concepts, and unused designs remain the property of Jaaziel Bournes.

• Clients may not claim authorship or credit for work created by The Bournes Group without written consent.

• Any derivative works based on our deliverables require prior written approval.

• We reserve the right to watermark or otherwise protect deliverables until payment is confirmed.

• Transfer of ownership does not include transfer of moral rights unless explicitly stated.

• All rights not expressly granted remain with Jaaziel Bournes.

License to Use

• Upon full payment, clients receive a non‑exclusive, non‑transferable license to use the deliverables for the agreed purpose.

• This license does not permit resale, sublicensing, or redistribution without written consent.

• Any use outside the agreed scope requires a new agreement and additional payment.

• The license is granted solely to the client named in the service agreement.

• We reserve the right to revoke the license if the client breaches these Terms.

• Revocation of the license requires the client to cease all use of the deliverables immediately.

• We may audit the client’s use of deliverables to ensure compliance.

• Unauthorized use after license revocation may result in legal action.

• The license does not include rights to source files unless purchased separately.

• All licensing terms survive termination of the service agreement.

Portfolio Rights

• We retain the right to display completed work in our portfolio, on websites, and in marketing materials.

• This right applies even after ownership has transferred to the client.

• Clients may request in writing, before work begins, that their project remain private.

• Privacy requests must be acknowledged in writing to be valid.

• We may still reference the project in private communications with potential clients.

• Portfolio rights include the right to display the work in physical and digital formats.

• We may use excerpts, screenshots, or partial views of the work for promotional purposes.

• Portfolio displays will not include confidential client information.

• We may identify the client by name unless confidentiality is requested in writing.

• Portfolio rights are perpetual and irrevocable unless otherwise agreed.

Third‑Party Materials

• Clients are responsible for securing rights to any third‑party materials they provide.

• We are not liable for infringement claims arising from client‑provided materials.

• Use of third‑party materials in deliverables is subject to the original license terms.

• We will not knowingly use unlicensed third‑party materials in deliverables.

• Clients must provide proof of licensing for third‑party materials upon request.

• We may refuse to use materials that appear to infringe on third‑party rights.

• Any costs associated with licensing third‑party materials are the client’s responsibility.

• We are not responsible for renewing or maintaining third‑party licenses.

• Removal or replacement of infringing materials is the client’s responsibility.

• Third‑party materials remain the property of their respective owners.

Enforcement of Rights

• We reserve the right to enforce our intellectual property rights through legal action.

• Enforcement may include seeking damages, injunctions, or other remedies.

• Clients agree to cooperate in protecting our intellectual property rights.

• We may monitor the use of deliverables to detect unauthorized use.

• Unauthorized use may result in immediate termination of the service agreement.

• We may recover legal fees and costs associated with enforcement.

• Enforcement rights apply globally, regardless of the client’s location.

• We may assign enforcement rights to legal representatives or affiliates.

• Clients may not challenge our ownership of deliverables prior to payment.

• All enforcement provisions survive termination of the agreement.

 

32. Revision Policy

Included Revisions

• Each service includes a specified number of revisions, as stated in the service description.

• Revisions are defined as reasonable changes to the deliverables that do not alter the original scope.

• Included revisions must be requested within the agreed timeframe.

• Revisions requested after the timeframe may incur additional charges.

• We reserve the right to determine whether a request qualifies as a revision or a new project.

• Included revisions are provided at no additional cost.

• Revisions are limited to the agreed deliverables and do not include new features or concepts.

• We may refuse revisions that conflict with the original project goals.

• Included revisions are non‑transferable between projects.

• All revision terms are binding once the project begins.

Additional Revisions

• Additional revisions beyond the included number will be billed at our standard hourly rate.

• We will provide an estimate for additional revisions before work begins.

• Payment for additional revisions is due before work commences.

• Additional revisions are subject to our availability and scheduling.

• We may decline additional revisions if they conflict with other commitments.

• Additional revisions must be requested in writing.

• We may require a new agreement for extensive additional revisions.

• Additional revisions are considered separate from the original project.

• We are not responsible for delays caused by additional revision requests.

• All additional revision terms survive termination of the original agreement.

Revision Process

• All revision requests must be submitted in writing with clear instructions.

• We will confirm receipt of revision requests before work begins.

• Revisions will be completed within a reasonable timeframe, subject to our workload.

• We may request clarification or additional information before proceeding.

• Revisions will be delivered in the same format as the original deliverables unless otherwise agreed.

• We may provide partial revisions for review before finalizing changes.

• Clients are responsible for reviewing and approving revisions promptly.

• Approval of revisions constitutes acceptance of the changes.

• We are not responsible for errors or omissions approved by the client.

• All revision communications are part of the project record.

Limits on Revisions

• Revisions cannot be used to request entirely new designs or concepts.

• We may refuse revisions that require disproportionate time or resources compared to the original scope.

• Revisions must be consistent with the agreed project objectives.

• We are not obligated to implement revisions that violate laws or infringe on third‑party rights.

• Revisions must be technically feasible within the tools and platforms we use.

• We may suggest alternative solutions if a requested revision is impractical.

• Revisions that require third‑party involvement may incur additional costs.

• We are not responsible for delays caused by third‑party dependencies in revisions.

• Revisions do not include training or instruction on how to use deliverables.

• All limits on revisions are final once the project begins.

Final Approval

• Once final deliverables are approved, the project is considered complete.

• Post‑approval changes are treated as new projects and billed accordingly.

• Approval of final deliverables releases us from further obligations on that project.

• We are not responsible for issues arising from client modifications after delivery.

• Final approval must be given in writing to be valid.

• We may archive project files after final approval and are not obligated to retain them indefinitely.

• Clients are responsible for securely storing their final deliverables.

• We may use final deliverables in our portfolio unless otherwise agreed.

• Final approval constitutes acceptance of all terms related to the project.

• All final approval provisions survive termination of the agreement.

33. Marketing & Promotional Rights

General Right to Advertise

• By engaging with The Bournes Group, you grant Jaaziel Bournes the right to advertise, promote, and publicly reference the work created for you.

• This right applies to all sub‑brands, including JakeX, ZARVANI, and Bravyn.

• Advertising may include, but is not limited to:

  • Social media posts

  • Website portfolio displays

  • Digital advertisements

  • Printed marketing materials

  • Event showcases

  • Press releases

  • Email campaigns

  • Video content

  • Case studies

  • Public speaking engagements

• This right is perpetual, worldwide, and royalty‑free unless otherwise agreed in writing.

Scope of Promotional Use

• We may display your project in full or in part for promotional purposes.

• Promotional use may include screenshots, photographs, mockups, or excerpts of the work.

• We may reference your brand name, logo, or publicly available information in connection with the promotion.

• We will not disclose confidential information without your consent.

• Promotional use will not misrepresent your brand or the nature of the work performed.

• We may adapt promotional materials for different platforms and audiences.

• Promotional rights extend to both completed and in‑progress work, unless you request otherwise in writing.

• We may continue to advertise past projects even after the service agreement ends.

• Promotional rights survive termination of the agreement.

• We may assign promotional rights to affiliates or representatives for marketing purposes.

Client Opt‑Out

• You may request in writing, before work begins, that your project not be used for promotional purposes.

• Opt‑out requests must be acknowledged in writing to be valid.

• Opt‑out does not apply to public references required by law or industry standards.

• Opt‑out does not prevent us from discussing the project in private business negotiations.

• Opt‑out requests may not be retroactive once promotional materials are published.

• We are not responsible for removing promotional materials already in circulation prior to the opt‑out request.

• Opt‑out requests may affect pricing, as promotional rights are factored into service rates.

• Opt‑out requests do not affect our right to retain copies of the work for internal records.

• Opt‑out requests do not apply to anonymized or generic representations of the work.

• All opt‑out terms survive termination of the agreement.

Third‑Party Platforms

• Promotional materials may be published on third‑party platforms, including social media, advertising networks, and portfolio sites.

• We are not responsible for the policies, terms, or actions of third‑party platforms.

• Removal of promotional materials from third‑party platforms is subject to their policies and capabilities.

• We are not liable for any damages arising from promotional use on third‑party platforms.

• We may use paid advertising to promote the work, subject to platform guidelines.

• We may tag or mention your brand in promotional posts unless you request otherwise in writing.

• We are not responsible for third‑party comments, reviews, or interactions with promotional materials.

• We may repurpose promotional content for multiple campaigns.

• We may collaborate with influencers or partners to promote the work.

• Third‑party promotional activities are subject to the same confidentiality and accuracy standards as our own.

Enforcement of Promotional Rights

• We reserve the right to enforce our promotional rights through legal action if necessary.

• Clients may not falsely claim ownership of promotional materials created by The Bournes Group.

• Clients may not use our promotional materials without written consent.

• We may monitor the use of promotional materials to detect unauthorized use.

• Unauthorized use of our promotional materials may result in legal action.

• We may recover legal fees and costs associated with enforcement.

• Enforcement rights apply globally, regardless of the client’s location.

• We may assign enforcement rights to legal representatives or affiliates.

• Clients may not challenge our promotional rights once granted.

• All enforcement provisions survive termination of the agreement.

 

34. Publicity & Brand Association

Right to Publicly Associate

• We may publicly associate your brand with The Bournes Group in marketing, advertising, and promotional contexts.

• Association may include:

  • Listing your brand as a client

  • Displaying your logo

  • Referencing your project in case studies

  • Mentioning your brand in interviews or presentations

  • Including your brand in award submissions

  • Featuring your brand in newsletters

  • Using your brand name in search engine optimization (SEO)

  • Including your brand in printed materials

  • Referencing your brand in investor or partner communications

  • Displaying your brand in event signage or booths

• Public association will be accurate and not misleading.

Mutual Benefit

• Public association is intended to benefit both parties by showcasing the quality of work and fostering credibility.

• We will not associate your brand with content that is illegal, harmful, or contrary to your stated values.

• We may highlight collaborative achievements in promotional materials.

• We may use public association to attract new clients or partners.

• Public association may increase your brand’s visibility in relevant markets.

• We may feature your brand in industry publications or directories.

• We may leverage public association in competitive bids or proposals.

• Public association may be used to demonstrate our expertise in specific industries.

• We may use public association to support award nominations or recognitions.

• Public association rights survive termination of the agreement.

Opt‑Out of Public Association

• You may request in writing, before work begins, that your brand not be publicly associated with The Bournes Group.

• Opt‑out requests must be acknowledged in writing to be valid.

• Opt‑out does not apply to public references required by law or industry standards.

• Opt‑out does not prevent us from discussing the project in private business negotiations.

• Opt‑out requests may not be retroactive once public association has occurred.

• We are not responsible for removing public association already in circulation prior to the opt‑out request.

• Opt‑out requests may affect pricing, as public association rights are factored into service rates.

• Opt‑out requests do not affect our right to retain copies of the work for internal records.

• Opt‑out requests do not apply to anonymized or generic references to the work.

• All opt‑out terms survive termination of the agreement.

Third‑Party Publicity

• Public association may occur through third‑party publicity, such as media coverage or partner promotions.

• We are not responsible for the policies, terms, or actions of third‑party publishers.

• Removal of public association from third‑party sources is subject to their policies and capabilities.

• We are not liable for any damages arising from third‑party publicity.

• We may collaborate with media outlets to promote the work.

• We may participate in interviews or features that reference your brand.

• We may share third‑party coverage on our own platforms.

• We may repurpose third‑party publicity for multiple campaigns.

• We may engage in joint promotions with partners that reference your brand.

• Third‑party publicity is subject to the same confidentiality and accuracy standards as our own.

Enforcement of Publicity Rights

• We reserve the right to enforce our publicity rights through legal action if necessary.

• Clients may not falsely claim ownership of publicity materials created by The Bournes Group.

• Clients may not use our publicity materials without written consent.

• We may monitor the use of publicity materials to detect unauthorized use.

• Unauthorized use of our publicity materials may result in legal action.

• We may recover legal fees and costs associated with enforcement.

• Enforcement rights apply globally, regardless of the client’s location.

• We may assign enforcement rights to legal representatives or affiliates.

• Clients may not challenge our publicity rights once granted.

• All enforcement provisions survive termination of the agreement.

35. Refund Policy

General Refund Terms

• All sales are final unless otherwise agreed in writing before payment is made.

• Refunds are not issued for dissatisfaction with creative style, subjective preferences, or changes of mind.

• Refunds may be considered only in cases of proven non‑delivery of agreed services.

• Refund requests must be submitted in writing within 7 calendar days of the alleged issue.

• We reserve the right to investigate any refund request before making a decision.

• Refunds, if approved, will be processed using the original payment method.

• We are not responsible for delays in refund processing caused by payment processors.

• Refund amounts will not exceed the amount paid for the specific service in question.

• Refunds will not be issued for work already delivered or in progress.

• Refund decisions are final and not subject to appeal.

Non‑Refundable Circumstances

• Change of mind after work has begun.

• Dissatisfaction with subjective elements such as design style or creative direction.

• Delays caused by the client’s failure to provide required information or approvals.

• Technical issues outside our control, including third‑party platform outages.

• Unauthorized use of deliverables prior to payment.

• Failure to read and understand these Terms before purchase.

• Misuse or alteration of deliverables by the client.

• Failure to meet client expectations not explicitly agreed in writing.

• Client’s inability to use deliverables due to hardware or software limitations.

• Any situation where the service was delivered as described.

Partial Refunds

• Partial refunds may be offered at our discretion in exceptional cases.

• Partial refunds will be calculated based on the percentage of work completed.

• We reserve the right to deduct costs for materials, third‑party services, or time spent.

• Partial refunds are not guaranteed and are considered on a case‑by‑case basis.

• Partial refunds will not be issued for services that are 75% or more complete.

• All partial refund agreements must be documented in writing.

• Partial refunds are processed using the original payment method.

• We are not responsible for delays in partial refund processing caused by payment processors.

• Partial refunds do not waive our rights under these Terms.

• All partial refund provisions survive termination of the agreement.

Refund Processing

• Approved refunds will be processed within 14 business days.

• Processing times may vary depending on the payment method and financial institution.

• We are not responsible for delays caused by weekends, holidays, or bank processing times.

• Refund confirmations will be sent via email.

• We may require proof of payment before processing a refund.

• Refunds will be issued in the same currency as the original payment.

• Currency conversion fees are the client’s responsibility.

• Refunds will not include any transaction fees charged by payment processors.

• Refunds will not be issued in cash unless required by law.

• All refund communications are part of the project record.

Finality of Refund Decisions

• All refund decisions are final once communicated in writing.

• Clients may not reopen refund requests after a decision has been made.

• Refund decisions are binding on both parties.

• We may refuse future service to clients who abuse the refund process.

• Refund abuse includes repeated unfounded requests or chargebacks.

• We may report refund abuse to payment processors or relevant authorities.

• Refund abuse may result in termination of the client relationship.

• Refund abuse provisions survive termination of the agreement.

• We reserve the right to update our refund policy at any time.

• Continued use of our services after updates constitutes acceptance of the revised policy.

 

36. Cancellation Policy

Client‑Initiated Cancellations

• Clients may request cancellation of a project in writing at any time.

• Cancellations before work begins may be eligible for a full refund.

• Cancellations after work begins are not eligible for a refund unless otherwise agreed.

• We may retain payment for work already completed at the time of cancellation.

• Cancellations must be confirmed in writing to be valid.

• We are not responsible for delays in processing cancellations caused by the client.

• Cancellations do not transfer ownership of any work completed.

• We may reuse or repurpose cancelled project concepts at our discretion.

• Cancellations do not waive the client’s obligations under these Terms.

• All cancellation provisions survive termination of the agreement.

Operator‑Initiated Cancellations

• We reserve the right to cancel a project at any time for any reason.

• If we cancel before work begins, a full refund will be issued.

• If we cancel after work begins, a partial refund may be offered based on work completed.

• We may cancel without refund in cases of client misconduct or breach of these Terms.

• Misconduct includes abusive communication, illegal requests, or non‑payment.

• We are not responsible for any losses resulting from operator‑initiated cancellations.

• Cancellation notices will be sent via email.

• We may refuse future service to clients whose projects are cancelled for misconduct.

• Operator‑initiated cancellations are final once communicated in writing.

• All operator‑initiated cancellation provisions survive termination of the agreement.

Third‑Party Cancellations

• Cancellations caused by third‑party providers are outside our control.

• We are not responsible for delays or losses caused by third‑party cancellations.

• Refund eligibility for third‑party cancellations will be determined on a case‑by‑case basis.

• We may assist in communicating with third‑party providers regarding cancellations.

• We are not obligated to replace third‑party services cancelled by the provider.

• Third‑party cancellations do not waive the client’s obligations under these Terms.

• We may suggest alternative providers in the event of a third‑party cancellation.

• We are not responsible for additional costs incurred due to third‑party cancellations.

• Third‑party cancellation provisions survive termination of the agreement.

• All third‑party cancellation communications are part of the project record.

37. Service Interruptions

General Service Availability

• We strive to maintain continuous access to all services under The Bournes Group, including JakeX, ZARVANI, and Bravyn.

• Service availability may be affected by maintenance, upgrades, or technical issues.

• We may temporarily suspend or limit access without prior notice for operational, security, or legal reasons.

• We are not responsible for any losses resulting from temporary unavailability.

• Service interruptions do not constitute a breach of these Terms.

• We may schedule maintenance during off‑peak hours where possible.

• We may provide notice of planned interruptions via email or our website.

• We are not liable for interruptions caused by your internet connection or device issues.

• We are not responsible for delays caused by third‑party service providers.

• Service availability is not guaranteed at all times.

Planned Maintenance

• Planned maintenance may occur periodically to improve or update services.

• We may notify clients in advance of planned maintenance where feasible.

• Maintenance may result in temporary unavailability of certain features.

• We are not responsible for losses caused by planned maintenance.

• Maintenance schedules are subject to change without notice.

• We may perform emergency maintenance without prior notice.

• Planned maintenance is not grounds for refunds or credits.

• We may use maintenance periods to implement security updates.

• Maintenance may involve third‑party providers.

• Planned maintenance provisions survive termination of the agreement.

Unplanned Outages

• Unplanned outages may occur due to technical failures or unforeseen events.

• We will work to restore service as quickly as possible.

• We are not responsible for losses caused by unplanned outages.

• We may provide updates on outage status via our website or email.

• Outages may be caused by third‑party providers beyond our control.

• We are not liable for damages resulting from data loss during outages.

• We may investigate the cause of outages to prevent recurrence.

• Outage recovery times are not guaranteed.

• We may implement temporary fixes before permanent solutions.

• Unplanned outage provisions survive termination of the agreement.

 

38. Extended No‑Liability – Technology

Platform Changes

• We are not responsible for changes made by third‑party platforms that affect deliverables.

• Platform changes may include feature removals, policy updates, or pricing changes.

• We are not liable for delays or costs caused by adapting to platform changes.

• Clients are responsible for maintaining compatibility with updated platforms.

• We may suggest alternative platforms if changes impact deliverables.

• Platform changes are outside our control and not grounds for refunds.

• We are not responsible for losses caused by discontinued third‑party services.

• We may update deliverables to maintain compatibility at additional cost.

• Platform change provisions survive termination of the agreement.

• Clients accept the risk of platform dependency.

Technical Failures

• We are not responsible for technical failures outside our control.

• Failures may include server outages, software bugs, or hardware malfunctions.

• We may assist in troubleshooting but are not obligated to resolve third‑party issues.

• Technical failures are not grounds for refunds unless caused by our proven negligence.

• We are not liable for data loss caused by technical failures.

• Clients are responsible for backing up their own data.

• We may recommend technical solutions at the client’s expense.

• Technical failure provisions survive termination of the agreement.

• We are not responsible for incompatibility with outdated client systems.

• Clients accept the risk of technical dependency.

 

39. Extended No‑Liability – Third Parties

Third‑Party Misconduct

• We are not responsible for the actions or omissions of third‑party providers.

• Misconduct may include delays, errors, or breaches of contract.

• Clients must resolve disputes with third‑party providers directly.

• We may assist in communication but are not obligated to intervene.

• Third‑party misconduct is outside our control and not grounds for refunds.

• We are not liable for damages caused by third‑party misconduct.

• We may replace third‑party providers at our discretion.

• Third‑party misconduct provisions survive termination of the agreement.

• Clients accept the risk of third‑party involvement.

• We are not responsible for third‑party policy changes.

Third‑Party Dependencies

• Our services may depend on third‑party tools, platforms, or services.

• We are not responsible for disruptions caused by third‑party dependencies.

• Clients are responsible for maintaining access to required third‑party accounts.

• We may recommend alternative solutions if dependencies fail.

• Third‑party dependency failures are not grounds for refunds.

• We are not liable for costs associated with replacing dependencies.

• We may update deliverables to remove dependencies at additional cost.

• Third‑party dependency provisions survive termination of the agreement.

• Clients accept the risk of dependency failure.

• We are not responsible for third‑party licensing requirements.

 

40. Client Risk Acceptance

Assumption of Risk

• By using our services, you accept all risks associated with their use.

• Risks may include technical issues, third‑party failures, or creative differences.

• We are not responsible for losses resulting from assumed risks.

• Clients are responsible for evaluating service suitability before purchase.

• We do not guarantee specific results or outcomes.

• Clients accept the risk of subjective dissatisfaction.

• We are not liable for losses caused by client decisions.

• Risk acceptance provisions survive termination of the agreement.

• Clients accept the risk of market changes affecting deliverables.

• We are not responsible for losses caused by external factors.

Due Diligence

• Clients are responsible for conducting due diligence before engaging our services.

• Due diligence may include reviewing portfolios, requesting references, or clarifying expectations.

• We are not responsible for losses caused by inadequate client due diligence.

• Clients must ensure they have the legal right to request services.

• We are not liable for legal issues arising from client requests.

• Due diligence provisions survive termination of the agreement.

• Clients accept the risk of incomplete or inaccurate due diligence.

• We are not responsible for losses caused by reliance on assumptions.

• Clients must verify all information before acting on it.

• We are not liable for errors in client‑provided information.

 

41. No Liability for Client Misuse

Misuse Definition

• Misuse includes using services for illegal, harmful, or unintended purposes.

• Misuse may include altering deliverables in a way that causes damage.

• We are not responsible for losses caused by misuse.

• Clients are solely responsible for the consequences of misuse.

• Misuse provisions survive termination of the agreement.

• We may terminate services immediately in cases of misuse.

• We may report misuse to relevant authorities.

• We are not liable for damages caused by misuse to third parties.

• Clients accept full responsibility for misuse.

• We are not responsible for losses caused by misuse of third‑party tools.

 

42. No Liability for Unauthorized Access

Security Responsibility

• Clients are responsible for securing their accounts, devices, and data.

• We are not responsible for unauthorized access unless caused by our proven negligence.

• Unauthorized access may include hacking, phishing, or password theft.

• We recommend using strong passwords and multi‑factor authentication.

• We are not liable for losses caused by client negligence in security.

• Security responsibility provisions survive termination of the agreement.

• Clients accept the risk of online security threats.

• We are not responsible for losses caused by third‑party security breaches.

• We may assist in securing accounts after unauthorized access.

• We are not obligated to recover lost data after unauthorized access.

 

43. No Liability for Client‑Provided Materials

Material Responsibility

• Clients are responsible for ensuring they have the legal right to use materials provided to us.

• We are not liable for infringement claims arising from client‑provided materials.

• Materials may include images, text, logos, or other creative assets.

• We may refuse to use materials that appear to infringe on third‑party rights.

• Clients must provide proof of licensing for third‑party materials upon request.

• We are not responsible for renewing or maintaining third‑party licenses.

• We are not liable for losses caused by defective or unusable materials.

• Material responsibility provisions survive termination of the agreement.

• Clients accept the risk of using third‑party materials.

• We are not responsible for losses caused by inaccurate or incomplete materials.

 

44. No Liability for Force Majeure Events

Definition of Force Majeure

• Force Majeure Events include natural disasters, power outages, internet disruptions, strikes, acts of government, and other events beyond our control.

• We are not liable for delays, failures, or disruptions caused by Force Majeure Events.

• Force Majeure Events do not constitute a breach of these Terms.

• We may suspend services during Force Majeure Events without liability.

45. Force Majeure (continued)

Impact on Obligations

• During a Force Majeure Event, our obligations under these Terms are suspended for the duration of the event.

• We are not liable for delays, failures, or disruptions caused by such events.

• We may extend delivery timelines proportionally to the duration of the event.

• We may modify project scope if necessary to adapt to the event’s impact.

• Clients are not entitled to refunds or credits due to Force Majeure delays.

• We may prioritize restoration of critical services over non‑essential tasks.

• We are not responsible for losses caused by Force Majeure affecting third‑party providers.

• We may terminate the agreement without liability if a Force Majeure Event continues beyond 60 days.

• Clients accept the risk of Force Majeure disruptions.

• Force Majeure provisions survive termination of the agreement.

Client Responsibilities During Force Majeure

• Clients must continue to fulfill payment obligations during Force Majeure Events.

• Clients must provide reasonable cooperation to mitigate the event’s impact.

• Clients must promptly notify us if they are affected by a Force Majeure Event.

• Clients must maintain backups of critical data and deliverables.

• Clients must adapt project timelines to accommodate delays.

• Clients must not use Force Majeure as grounds to avoid contractual obligations.

• Clients must work with us to identify alternative solutions.

• Clients must bear additional costs for changes outside the original scope.

• Clients must accept modified deliverables if necessary due to the event.

• Client responsibilities during Force Majeure survive termination of the agreement.

 

46. Data Security

Security Measures

• We implement reasonable technical and organizational measures to protect client data.

• Security measures may include encryption, access controls, and secure storage.

• We regularly review and update our security practices.

• We limit access to client data to authorized personnel only.

• We may use third‑party providers to store or process data securely.

• We are not responsible for security breaches caused by third‑party providers.

• We are not liable for losses caused by client negligence in data security.

• Security measures are not a guarantee of absolute protection.

• Clients accept the risk of online security threats.

• Security provisions survive termination of the agreement.

Client Security Responsibilities

• Clients must maintain the security of their own devices, accounts, and passwords.

• Clients must use strong passwords and enable multi‑factor authentication where available.

• Clients must promptly notify us of any suspected unauthorized access.

• Clients must not share login credentials with unauthorized persons.

• Clients are responsible for actions taken under their accounts.

• Clients must ensure their systems are free from malware before engaging with our services.

• Clients must back up their own data regularly.

• Clients must comply with all applicable data protection laws.

• Clients must cooperate with us in investigating security incidents.

• Client security responsibilities survive termination of the agreement.

 

47. Privacy

Collection of Information

• We may collect personal information necessary to provide our services.

• Information may include names, contact details, and project specifications.

• We may collect technical information such as IP addresses and browser types.

• We may collect payment information through secure third‑party processors.

• We may collect communications between clients and The Bournes Group.

• We collect only the information necessary for service delivery and improvement.

• We do not sell client information to third parties.

• We may share information with affiliates or representatives for operational purposes.

• We may share information with legal authorities when required by law.

• Collection practices are outlined in our Privacy Policy.

Use of Information

• We use client information to deliver and improve our services.

• We may use information for communication, billing, and support.

• We may use information for marketing purposes with client consent.

• We may use information to detect and prevent fraud.

• We may use information to comply with legal obligations.

• We may use information to personalize client experiences.

• We may use information to analyze service performance.

• We may use information to develop new services.

• We may use information to enforce these Terms.

• Use of information is subject to our Privacy Policy.

 

48. Confidentiality

Our Confidentiality Obligations

• We will not disclose client confidential information without consent.

• Confidential information includes non‑public business, technical, or creative details.

• We may disclose confidential information to affiliates or representatives as needed for service delivery.

• We may disclose confidential information when required by law.

• We will take reasonable measures to protect confidential information.

• We will return or destroy confidential information upon request, where feasible.

• We are not responsible for disclosure caused by third‑party breaches.

• Confidentiality obligations survive termination of the agreement.

• We may use anonymized information for analysis or marketing.

• We may retain confidential information as required by law.

Client Confidentiality Obligations

• Clients must not disclose our confidential information without consent.

• Confidential information includes our processes, pricing, and internal documents.

• Clients must protect our confidential information with reasonable care.

• Clients may disclose our confidential information when required by law.

• Clients must return or destroy our confidential information upon request.

• Clients must not use our confidential information to compete with us.

• Clients must not share our confidential information with competitors.

• Client confidentiality obligations survive termination of the agreement.

• Clients must notify us of any unauthorized disclosure.

• Clients must cooperate with us in protecting confidential information.

 

49. Cooperation & Communication

Client Cooperation

• Clients must provide timely responses to our communications.

• Clients must provide accurate and complete information for projects.

• Clients must approve or request revisions within agreed timeframes.

• Clients must make themselves available for necessary meetings or calls.

• Clients must provide required materials in the agreed format.

• Clients must notify us promptly of any changes to project requirements.

• Clients must cooperate in resolving issues that arise during the project.

• Clients must follow agreed processes for feedback and approvals.

• Clients must respect our time and scheduling constraints.

• Client cooperation obligations survive termination of the agreement.

Communication Standards

• We will communicate with clients through agreed channels.

• We will respond to client communications within a reasonable timeframe.

• We may prioritize urgent communications based on project needs.

• We may record communications for quality and record‑keeping purposes.

• We are not responsible for delays caused by client communication failures.

• We may refuse to engage in abusive or unprofessional communication.

• We may terminate services in cases of repeated communication issues.

• Communication standards apply to all interactions with The Bournes Group.

• Communication standards survive termination of the agreement.

• All communication records are part of the project file.

 

50. Accuracy of Information

Client‑Provided Information

• Clients are responsible for the accuracy of all information provided to us.

• We are not responsible for errors caused by inaccurate client information.

• Clients must verify all information before submission.

• Clients must promptly correct any inaccuracies.

• We may rely on client‑provided information without independent verification.

• Inaccurate information may result in delays or additional costs.

• We may refuse to proceed with a project until inaccuracies are corrected.

• Clients are responsible for costs incurred due to inaccurate information.

• Accuracy obligations survive termination of the agreement.

• We are not liable for losses caused by reliance on inaccurate information.

Our Information

• We strive to ensure the accuracy of information we provide to clients.

• We do not guarantee that all information will be error‑free.

• Clients must verify critical information before acting on it.

• We are not liable for losses caused by reliance on our information without verification.

• We may correct errors in our information at any time.

• We may update information without prior notice.

• Accuracy provisions survive termination of the agreement.

• We are not responsible for outdated information on third‑party platforms.

• Clients accept the risk of relying on information subject to change.

• We are not liable for typographical errors in non‑contractual materials.

51. Payment Terms – General

Accepted Payment Methods

• Payments are accepted through various secure methods, which may include Cash App and other agreed‑upon options.

• We may add or remove accepted payment methods at our discretion.

• Clients are responsible for any transaction fees charged by payment processors.

• Payments must be made in the currency specified in the invoice.

• Currency conversion fees are the client’s responsibility.

• We are not responsible for delays caused by payment processor verification.

• We may refuse payment methods we deem insecure or unreliable.

• We may require proof of payment before commencing work.

• Payment method availability may vary by region.

• Accepted payment method provisions survive termination of the agreement.

Payment Timing

• All payments must be made in full before work begins unless otherwise agreed in writing.

• We may require milestone payments for larger projects.

• Milestone payments must be made before work on the next phase begins.

• Late payments may result in project delays.

• We may suspend work until outstanding payments are received.

• We may charge interest on overdue amounts at the maximum rate permitted by law.

• We may terminate the agreement for non‑payment.

• Payment timing provisions survive termination of the agreement.

• Clients are responsible for ensuring timely payment.

• We are not responsible for delays caused by client payment failures.

 

52. Payment Terms – Security & Authorization

Authorization of Charges

• By providing payment information, you authorize us to charge the agreed amount.

• You confirm that you have the legal right to use the payment method provided.

• Unauthorized use of a payment method is the responsibility of the payment method owner.

• We are not responsible for disputes between the payment method owner and the client.

• We may require additional verification for high‑value transactions.

• We may refuse transactions suspected of fraud.

• We may report suspected fraudulent transactions to relevant authorities.

• Authorization provisions survive termination of the agreement.

• Clients accept responsibility for all authorized charges.

• We are not liable for losses caused by unauthorized use of payment methods.

Security of Payment Information

• We do not store full payment card details on our systems.

• Payment information is processed securely through third‑party providers.

• We are not responsible for breaches of security by payment processors.

• Clients must ensure their payment information is accurate and up to date.

• We may refuse transactions with outdated or invalid payment information.

• We are not liable for losses caused by client negligence in securing payment information.

• Security provisions survive termination of the agreement.

• Clients accept the risk of online payment transactions.

• We may update payment security measures without notice.

• Clients must cooperate in resolving payment disputes.

 

53. Dispute Resolution – General

Initial Resolution Efforts

• Clients must attempt to resolve disputes with us directly before taking legal action.

• Disputes must be submitted in writing to legal@bournesgroup.com.

• We will review and respond to disputes within 30 calendar days.

• We may request additional information to resolve the dispute.

• We may propose mediation or negotiation as alternatives to litigation.

• Clients must participate in good faith in resolution efforts.

• Failure to follow this process may be used as a defense in legal proceedings.

• Initial resolution provisions survive termination of the agreement.

• Clients accept that resolution efforts are a prerequisite to legal action.

• We are not responsible for delays caused by client non‑cooperation.

 

54. Dispute Resolution – Jurisdiction & Venue

Governing Law

• These Terms are governed by the laws of the State of Delaware, USA.

• Any disputes must be brought exclusively in the state or federal courts located in Delaware.

• Clients consent to the personal jurisdiction of these courts.

• Clients waive any objection to venue in these courts.

• Governing law provisions survive termination of the agreement.

• We may seek injunctive relief in any jurisdiction if necessary.

• Clients accept that Delaware law applies regardless of their location.

• We are not responsible for differences between Delaware law and other jurisdictions.

• Clients may not transfer disputes to other jurisdictions.

• Governing law provisions are binding on all parties.

 

55. Dispute Resolution – No Class Actions

Individual Dispute Requirement

• Clients agree to resolve disputes with us only on an individual basis.

• Clients waive the right to participate in class actions, class arbitrations, or representative actions.

• This waiver applies to all claims, whether legal, equitable, or statutory.

• No consolidation of claims is permitted without our consent.

• Individual dispute provisions survive termination of the agreement.

• Clients accept that this waiver is a material term of the agreement.

• We are not responsible for costs associated with class action participation.

• Clients may not assign claims to others for collective action.

• We may enforce this waiver in any jurisdiction.

• This waiver applies to disputes under all sub‑brands of The Bournes Group.

 

56. Additional No‑Liability – Market Conditions

Market Risks

• We are not responsible for changes in market conditions affecting deliverables.

• Market changes may include shifts in consumer demand, pricing, or trends.

• Clients accept the risk of market volatility.

• We do not guarantee market success of deliverables.

• Market risk provisions survive termination of the agreement.

• We are not liable for losses caused by market downturns.

• Clients are responsible for adapting deliverables to changing markets.

• We may offer market adaptation services at additional cost.

• We are not responsible for outdated deliverables due to market changes.

• Clients accept that market conditions are beyond our control.

 

57. Additional No‑Liability – Legal Compliance

Client Compliance

• Clients are responsible for ensuring their use of our services complies with applicable laws.

• We are not responsible for legal issues arising from client misuse.

• Clients must obtain all necessary licenses and permits.

• We may refuse services that appear to violate laws.

• Legal compliance provisions survive termination of the agreement.

• We are not liable for fines or penalties imposed on clients.

• Clients must indemnify us against claims arising from their legal violations.

• We may report illegal activities to relevant authorities.

• We are not responsible for changes in laws affecting deliverables.

• Clients accept the risk of legal compliance in their jurisdiction.

 

58. Additional No‑Liability – Client Decisions

Decision Responsibility

• Clients are solely responsible for decisions made based on our deliverables.

• We are not liable for losses caused by client decisions.

• Clients must verify all information before acting on it.

• Decision responsibility provisions survive termination of the agreement.

• We are not responsible for outcomes of client marketing strategies.

• Clients accept the risk of implementing deliverables.

• We are not liable for losses caused by client misinterpretation.

• Clients must seek independent advice where necessary.

• We are not responsible for client reliance on assumptions.

• Clients accept that all decisions are made at their own risk.

 

59. Additional No‑Liability – Timing & Deadlines

Delivery Timelines

• We strive to meet agreed delivery timelines.

• Timelines are estimates and not guarantees.

• We are not responsible for delays caused by clients or third parties.

• Timing provisions survive termination of the agreement.

• Clients accept that delays may occur.

• We may adjust timelines for scope changes.

• We are not liable for losses caused by missed deadlines.

• Clients must provide timely feedback to meet timelines.

• We may prioritize projects based on operational needs.

• We are not responsible for delays caused by Force Majeure Events.

 

60. Additional No‑Liability – Technology Evolution

Technology Changes

• We are not responsible for changes in technology affecting deliverables.

• Technology changes may include software updates, hardware changes, or platform discontinuations.

• Clients accept the risk of technology evolution.

• We do not guarantee compatibility with future technologies.

• Technology change provisions survive termination of the agreement.

• We may offer updates for compatibility at additional cost.

• We are not liable for losses caused by obsolete technology.

• Clients are responsible for maintaining their own technology.

• We are not responsible for third‑party technology failures.

• Clients accept that technology is subject to rapid change.

61. Termination – By Operator

Right to Terminate

• We reserve the right to terminate any service agreement at any time, for any reason, with or without cause.

• Termination may occur immediately in cases of client misconduct, breach of these Terms, or illegal activity.

• We may terminate without refund if the client violates intellectual property rights.

• We may terminate if the client engages in abusive or unprofessional communication.

• We may terminate if the client fails to make required payments.

• We may terminate if the client repeatedly misses deadlines for providing required materials.

• We may terminate if the client requests services that conflict with our values or brand image.

• We may terminate if the client’s actions risk reputational harm to The Bournes Group.

• We may terminate if the client misuses deliverables in violation of these Terms.

• Termination by the operator is final once communicated in writing.

Effects of Termination

• Upon termination, all rights granted to the client under these Terms are revoked.

• The client must cease all use of deliverables immediately unless otherwise agreed.

• We may retain payments for work completed prior to termination.

• We may invoice the client for work completed but not yet paid for.

• We may retain copies of deliverables for portfolio or record‑keeping purposes.

• We are not responsible for losses caused by termination.

• Termination does not waive our rights to seek damages for breaches.

• Termination provisions survive the end of the agreement.

• We may notify affiliates or third‑party providers of the termination.

• We may refuse future service to terminated clients.

 

62. Termination – By Client

Right to Terminate

• Clients may terminate the agreement at any time by providing written notice.

• Termination is effective upon our written acknowledgment.

• Clients remain responsible for payment for work completed prior to termination.

• Clients may not terminate to avoid payment obligations.

• Termination does not entitle the client to a refund unless otherwise agreed.

• Clients must cease use of deliverables if termination occurs before full payment.

• Clients must return or destroy any confidential information upon termination.

• Clients must settle any outstanding invoices immediately upon termination.

• Client termination provisions survive the end of the agreement.

• Clients may not use termination as a means to avoid contractual obligations.

Effects of Termination

• All licenses granted to the client are revoked unless otherwise agreed.

• We may retain payments for work completed prior to termination.

• We may invoice for partially completed work.

• We may retain copies of deliverables for portfolio purposes.

• We are not responsible for losses caused by client termination.

• Termination does not waive our rights to seek damages for breaches.

• We may notify affiliates or third‑party providers of the termination.

• We may refuse future service to clients who terminate without cause.

• Termination provisions survive the end of the agreement.

• All obligations intended to survive termination remain in effect.

 

63. Mutual Termination

Agreement to End Services

• Either party may propose mutual termination of the agreement.

• Mutual termination must be documented in writing and signed by both parties.

• Mutual termination may include agreed settlement terms.

• We may agree to partial refunds in mutual termination cases.

• Mutual termination does not waive rights to enforce prior breaches.

• Mutual termination provisions survive the end of the agreement.

• We may retain copies of deliverables for portfolio purposes.

• We are not responsible for losses caused by mutual termination.

• Mutual termination is final once documented.

• All obligations intended to survive termination remain in effect.

 

64. Indemnification – General

Client Indemnity

• Clients agree to indemnify and hold harmless The Bournes Group, Jaaziel Bournes, and all affiliates, representatives, and associated persons from any claims, damages, losses, or expenses arising from:

  • Breach of these Terms by the client

  • Misuse of our services or deliverables

  • Violation of any law or third‑party rights

  • Infringement claims related to client‑provided materials

  • Unauthorized use of payment methods

  • Misrepresentation of legal capacity

  • Harm caused to third parties by client actions

  • Defamation or reputational harm caused by client conduct

  • Failure to comply with applicable regulations

  • Any other act or omission by the client

• Indemnification provisions survive termination of the agreement.

 

65. Indemnification – Third‑Party Claims

Scope of Third‑Party Claims

• Clients agree to indemnify us against claims brought by third parties arising from:

  • Use of deliverables in violation of these Terms

  • Misuse of third‑party intellectual property

  • Breach of confidentiality obligations

  • Unauthorized distribution of deliverables

  • Harm caused by modified deliverables

  • Misuse of third‑party platforms integrated with our services

  • Failure to obtain necessary licenses or permissions

  • Misrepresentation of affiliation with The Bournes Group

  • Harm caused by illegal or unethical use of our services

  • Any other third‑party dispute linked to client actions

• Clients are responsible for all costs associated with defending such claims.

• We may choose our own legal representation in such cases.

• Clients must cooperate fully in the defense of claims.

• Third‑party indemnification provisions survive termination of the agreement.

 

66. Indemnification – Process

Claim Handling

• We will notify the client promptly of any indemnifiable claim.

• Clients must respond within 7 calendar days of receiving notice.

• Clients must provide all necessary information for defense.

• Clients must cover legal fees, settlements, and judgments.

• We may participate in the defense at our own expense.

• Clients may not settle claims without our written consent.

• We may refuse settlements that impose obligations on us.

• Clients must reimburse us for costs incurred in defending claims.

• Indemnification process provisions survive termination of the agreement.

• Failure to comply with the indemnification process may result in additional liability.

 

67. Survival of Obligations

Provisions That Survive Termination

• The following provisions survive termination of the agreement:

  • Intellectual property rights

  • Confidentiality obligations

  • Indemnification clauses

  • Limitation of liability clauses

  • Governing law and jurisdiction clauses

  • Dispute resolution clauses

  • Payment obligations for completed work

  • Portfolio and promotional rights

  • No‑liability provisions

  • Any other clause intended to survive termination

• Survival provisions ensure ongoing protection after the agreement ends.

 

68. Assignment & Transfer

Restrictions on Assignment

• Clients may not assign or transfer their rights or obligations under these Terms without our written consent.

• Unauthorized assignments are void and unenforceable.

• We may assign or transfer our rights and obligations without restriction.

• Assignment provisions survive termination of the agreement.

• Clients may not delegate performance of obligations without consent.

• We may subcontract portions of the work to affiliates or third‑party providers.

• Subcontracting does not relieve us of our obligations under these Terms.

• Clients may not claim rights against subcontractors without our consent.

• Assignment restrictions protect the integrity of our client relationships.

• Assignment provisions are binding on permitted successors and assigns.

 

69. Entire Agreement

Integration Clause

• These Terms constitute the entire agreement between the client and The Bournes Group.

• These Terms supersede all prior agreements, understandings, or representations.

• No oral or written statement outside these Terms is binding unless incorporated herein.

• Entire agreement provisions survive termination of the agreement.

• Clients may not rely on prior communications not included in these Terms.

• We may update these Terms at any time without prior notice.

• Continued use of our services after updates constitutes acceptance of the revised Terms.

• Clients are responsible for reviewing the latest version of these Terms.

• Entire agreement provisions ensure clarity and prevent misunderstandings.

• These Terms apply to all sub‑brands under The Bournes Group.

 

70. Amendments & Modifications

Right to Modify

• We may amend or modify these Terms at any time.

• Modifications are effective upon posting to our website.

• Clients are responsible for reviewing updates regularly.

• Continued use of our services after modifications constitutes acceptance.

• We may notify clients of significant changes via email.

• Modifications may be made to comply with legal requirements.

• Modifications may be made to improve clarity or service delivery.

• Clients may not modify these Terms without our written consent.

• Amendment provisions survive termination of the agreement.

• Modifications apply to all sub‑brands under The Bournes Group.

71. Waiver of Rights

General Waiver

• Failure by The Bournes Group to enforce any provision of these Terms does not constitute a waiver of that provision.

• Any waiver must be in writing and signed by Jaaziel Bournes to be valid.

• A waiver in one instance does not constitute a waiver in future instances.

• Clients may not rely on implied waivers.

• Waiver provisions survive termination of the agreement.

• We may choose to enforce rights at any time, regardless of prior inaction.

• Clients may not claim waiver based on delays in enforcement.

• Waivers do not affect other provisions of these Terms.

• Waivers are specific to the circumstances in which they are granted.

• Waivers do not create ongoing obligations beyond the specific instance.

Client Waiver

• Clients waive any right to claim damages for delays, interruptions, or minor defects in deliverables.

• Clients waive any right to claim damages for subjective dissatisfaction.

• Clients waive any right to claim damages for third‑party misconduct.

• Clients waive any right to claim damages for Force Majeure Events.

• Clients waive any right to claim damages for market or technology changes.

• Clients waive any right to claim damages for losses caused by their own actions.

• Clients waive any right to claim damages for losses caused by inaccurate information.

• Clients waive any right to claim damages for losses caused by misuse of deliverables.

• Clients waive any right to claim damages for losses caused by unauthorized access.

• Client waiver provisions survive termination of the agreement.

 

72. Severability

Validity of Provisions

• If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

• An invalid provision will be replaced with a valid one that most closely matches the original intent.

• Severability provisions survive termination of the agreement.

• Clients may not claim the entire agreement is void due to one invalid provision.

• Invalidity in one jurisdiction does not affect validity in other jurisdictions.

• We may modify invalid provisions to comply with applicable law.

• Clients accept that modifications for compliance do not constitute a breach.

• Severability ensures the stability of these Terms over time.

• Severability applies to all sub‑brands under The Bournes Group.

• Severability provisions are binding on all parties.

 

73. Notices

Delivery of Notices

• All notices under these Terms must be in writing.

• Notices to The Bournes Group must be sent to legal@bournesgroup.com.

• Notices to clients will be sent to the email address on file.

• Notices are deemed received when sent via email, unless a bounce‑back is received.

• We may deliver notices through our website or client portal.

• Clients are responsible for keeping contact information up to date.

• We are not responsible for notices not received due to outdated client information.

• Notices may be delivered by postal mail if necessary.

• Notices delivered by postal mail are deemed received 5 business days after sending.

• Notice provisions survive termination of the agreement.

Content of Notices

• Notices must clearly state the purpose and relevant details.

• Notices must reference the specific project or agreement.

• Notices must be signed or otherwise authenticated by the sender.

• Notices must include contact information for follow‑up.

• We may reject notices that are incomplete or unclear.

• Clients must respond to notices within the timeframe specified.

• Failure to respond to a notice may result in enforcement action.

• Notices may be used as evidence in dispute resolution.

• Notices must be in English unless otherwise agreed.

• Content requirements for notices survive termination of the agreement.

 

74. Headings & Interpretation

Headings

• Headings in these Terms are for convenience only.

• Headings do not affect the interpretation of provisions.

• Headings are not legally binding.

• Headings may be updated without affecting the substance of provisions.

• Clients may not rely on headings to interpret provisions.

• Headings are consistent across all sub‑brands under The Bournes Group.

• Headings provisions survive termination of the agreement.

• Headings are not part of the contractual language.

• Headings may be reformatted for clarity.

• Headings are not evidence of intent beyond the text of provisions.

Interpretation

• These Terms are interpreted according to their plain meaning.

• Ambiguities are not construed against the drafter.

• Interpretation provisions survive termination of the agreement.

• Clients may not claim alternative interpretations to avoid obligations.

• We may clarify interpretations in writing.

• Clarifications are binding once communicated.

• Interpretation applies equally to all sub‑brands.

• Interpretation provisions ensure consistent application of these Terms.

• Interpretation is governed by Delaware law.

• Interpretation provisions are binding on all parties.

 

75. Relationship of Parties

Independent Contractor Status

• Jaaziel Bournes operates as an independent contractor.

• No partnership, joint venture, or employment relationship exists between the client and The Bournes Group.

• Affiliates and representatives act solely in a supportive capacity.

• Clients may not represent that they have authority over The Bournes Group.

• Relationship provisions survive termination of the agreement.

• We are not bound by client policies unless agreed in writing.

• Clients are not bound by our internal policies unless agreed in writing.

• Relationship provisions apply to all sub‑brands.

• Relationship provisions ensure operational independence.

• Relationship provisions are binding on all parties.

 

76. Third‑Party Beneficiaries

No Third‑Party Rights

• These Terms do not create rights for third parties.

• Affiliates, representatives, and associated persons are not parties to the agreement.

• Clients may not assign rights to third parties without consent.

• Third‑party beneficiary provisions survive termination of the agreement.

• We may extend protections to affiliates without granting them contractual rights.

• Clients may not enforce provisions on behalf of third parties.

• Third‑party rights are limited to those expressly granted.

• Third‑party beneficiary provisions apply to all sub‑brands.

• Third‑party beneficiary provisions ensure clarity of obligations.

• Third‑party beneficiary provisions are binding on all parties.

 

77. Public Statements

Control of Public Statements

• Clients may not make public statements about The Bournes Group without consent.

• Public statements include press releases, social media posts, and interviews.

• We may issue public statements about projects unless otherwise agreed.

• Public statement provisions survive termination of the agreement.

• We may correct inaccurate public statements made by clients.

• Clients must remove inaccurate statements upon request.

• We may use public statements for marketing purposes.

• Public statements must be accurate and not misleading.

• Public statement provisions apply to all sub‑brands.

• Public statement provisions are binding on all parties.

 

78. Governing Language

Language of Agreement

• These Terms are drafted in English.

• The English version controls in case of conflict with translations.

• Governing language provisions survive termination of the agreement.

• Clients may request translations for convenience only.

• Translations are not legally binding.

• We are not responsible for errors in translations.

• Governing language provisions apply to all sub‑brands.

• Governing language provisions ensure consistency.

• Governing language provisions are binding on all parties.

• Governing language provisions are interpreted under Delaware law.

 

79. Compliance with Export Laws

Export Control

• Clients must comply with all applicable export control laws.

• We are not responsible for violations of export laws by clients.

• Export compliance provisions survive termination of the agreement.

• Clients may not use deliverables in prohibited countries.

• Clients may not transfer deliverables to prohibited persons.

• We may refuse service to clients in restricted jurisdictions.

• Export compliance provisions apply to all sub‑brands.

• Export compliance provisions ensure legal operation.

• Export compliance provisions are binding on all parties.

• Export compliance provisions are interpreted under Delaware law.

 

80. Counterparts & Electronic Signatures

Execution of Agreement

• These Terms may be executed in counterparts.

• Counterparts together constitute one agreement.

• Electronic signatures are valid and binding.

• Counterpart provisions survive termination of the agreement.

• Clients may sign electronically via approved platforms.

• We may sign electronically via approved platforms.

• Electronic signatures have the same effect as handwritten signatures.

• Counterpart provisions apply to all sub‑brands.

• Counterpart provisions ensure flexibility in execution.

• Counterpart provisions are binding on all parties.

81. Disclaimer of Warranties – General

No Express Warranties

• All services are provided “as‑is” and “as available” without express warranties of any kind.

• We do not warrant that services will meet your specific requirements.

• We do not warrant that services will be uninterrupted, timely, secure, or error‑free.

• We do not warrant that deliverables will be compatible with all systems or platforms.

• We do not warrant that deliverables will achieve specific results or outcomes.

• We do not warrant that services will be free from defects or inaccuracies.

• We do not warrant that services will be available at all times.

• We do not warrant that services will be immune from unauthorized access.

• We do not warrant that services will remain unchanged over time.

• No oral or written information provided by us creates a warranty not expressly stated here.

No Implied Warranties

• We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

• We disclaim any implied warranties arising from course of dealing or usage of trade.

• We disclaim any implied warranties regarding the accuracy or completeness of information.

• We disclaim any implied warranties regarding the reliability of third‑party services.

• We disclaim any implied warranties regarding uninterrupted availability.

• We disclaim any implied warranties regarding the security of services.

• We disclaim any implied warranties regarding the suitability of deliverables for specific uses.

• We disclaim any implied warranties regarding the timeliness of services.

• We disclaim any implied warranties regarding the absence of errors.

• All warranty disclaimers survive termination of the agreement.

 

82. Disclaimer of Warranties – Third‑Party Services

Third‑Party Platforms

• We do not warrant the performance, reliability, or availability of third‑party platforms.

• We do not warrant that third‑party platforms will remain compatible with deliverables.

• We do not warrant that third‑party platforms will maintain current features or pricing.

• We do not warrant that third‑party platforms will remain in operation.

• We do not warrant that third‑party platforms will be free from outages or disruptions.

• We do not warrant that third‑party platforms will comply with applicable laws.

• We do not warrant that third‑party platforms will protect your data.

• We do not warrant that third‑party platforms will meet your expectations.

• We do not warrant that third‑party platforms will not change terms without notice.

• All third‑party warranty disclaimers survive termination of the agreement.

Third‑Party Providers

• We do not warrant the quality or timeliness of third‑party providers.

• We do not warrant that third‑party providers will fulfill their obligations.

• We do not warrant that third‑party providers will remain in business.

• We do not warrant that third‑party providers will maintain consistent performance.

• We do not warrant that third‑party providers will comply with applicable laws.

• We do not warrant that third‑party providers will protect your data.

• We do not warrant that third‑party providers will meet your expectations.

• We do not warrant that third‑party providers will not change terms without notice.

• We do not warrant that third‑party providers will be free from errors.

• All third‑party provider warranty disclaimers survive termination of the agreement.

 

83. Limitation of Liability – General

Maximum Liability

• Our total liability for any claim is limited to the amount you paid for the specific service in question.

• This limitation applies regardless of the legal theory of the claim.

• This limitation applies even if we were advised of the possibility of damages.

• This limitation applies to all claims, whether legal, equitable, or statutory.

• This limitation applies to all sub‑brands under The Bournes Group.

• This limitation applies to claims against affiliates, representatives, and associated persons.

• This limitation applies to claims arising from third‑party misconduct.

• This limitation applies to claims arising from Force Majeure Events.

• This limitation applies to claims arising from client misuse.

• All limitation of liability provisions survive termination of the agreement.

 

84. Limitation of Liability – Types of Damages

Excluded Damages

• We are not liable for indirect, incidental, consequential, or punitive damages.

• We are not liable for loss of profits, revenue, or business opportunities.

• We are not liable for loss of data or corruption of data.

• We are not liable for loss of goodwill or reputation.

• We are not liable for costs of substitute goods or services.

• We are not liable for delays or failures caused by third parties.

• We are not liable for damages caused by Force Majeure Events.

• We are not liable for damages caused by client negligence.

• We are not liable for damages caused by unauthorized access.

• All damage exclusions survive termination of the agreement.

 

85. Risk Acknowledgement – General

Client Acceptance of Risk

• By using our services, you acknowledge and accept all risks associated with their use.

• You acknowledge that creative services are inherently subjective.

• You acknowledge that market conditions may affect deliverables.

• You acknowledge that technology changes may affect deliverables.

• You acknowledge that third‑party misconduct may affect deliverables.

• You acknowledge that Force Majeure Events may affect deliverables.

• You acknowledge that your own actions may affect deliverables.

• You acknowledge that no guarantees are made regarding outcomes.

• You acknowledge that you are solely responsible for your decisions.

• All risk acknowledgements survive termination of the agreement.

 

86. Risk Acknowledgement – Specific Scenarios

Examples of Accepted Risks

• Risk of delays due to client inaction.

• Risk of delays due to third‑party platform outages.

• Risk of changes in third‑party platform terms.

• Risk of changes in market demand.

• Risk of changes in technology standards.

• Risk of subjective dissatisfaction with creative work.

• Risk of legal issues arising from client‑provided materials.

• Risk of unauthorized access to client accounts.

• Risk of Force Majeure Events disrupting services.

• Risk of financial loss from client business decisions.

 

87. Acknowledgement of Independent Operation

Independent Status

• You acknowledge that The Bournes Group is operated solely by Jaaziel Bournes.

• You acknowledge that affiliates, representatives, and associated persons are not operators.

• You acknowledge that affiliates, representatives, and associated persons have no liability.

• You acknowledge that all operational responsibility rests with Jaaziel Bournes.

• You acknowledge that you will not pursue claims against affiliates or representatives.

• You acknowledge that you understand the independent nature of the services.

• You acknowledge that you accept the limitations of an independent provider.

• You acknowledge that you have read and understood these Terms.

• You acknowledge that you are entering into this agreement knowingly.

• All independent operation acknowledgements survive termination of the agreement.

 

88. Client Representation of Authority

Authority to Contract

• You represent that you have the legal authority to enter into this agreement.

• You represent that you have obtained any necessary consents.

• You represent that you are of legal age or have guardian consent.

• You represent that you are not prohibited from using our services.

• You represent that you will comply with all applicable laws.

• You represent that you have provided accurate information.

• You represent that you will fulfill your obligations under these Terms.

• You represent that you will not misrepresent your affiliation with The Bournes Group.

• You represent that you will not use our services for illegal purposes.

• All authority representations survive termination of the agreement.

 

89. Client Responsibility for Compliance

Compliance Obligations

• You are responsible for complying with all applicable laws and regulations.

• You are responsible for obtaining all necessary licenses and permits.

• You are responsible for ensuring that your use of deliverables is lawful.

• You are responsible for complying with third‑party platform terms.

• You are responsible for complying with intellectual property laws.

• You are responsible for complying with data protection laws.

• You are responsible for complying with export control laws.

• You are responsible for complying with advertising regulations.

• You are responsible for complying with industry standards.

• All compliance obligations survive termination of the agreement.

 

90. Final No‑Liability Statement

Comprehensive Disclaimer

• To the maximum extent permitted by law, The Bournes Group, Jaaziel Bournes, and all affiliates, representatives, and associated persons disclaim all liability for any and all claims, damages, losses, or expenses arising from your use of our services.

• This disclaimer applies to all legal theories of liability.

• This disclaimer applies to all sub‑brands under The Bournes Group.

• This disclaimer applies to all scenarios described in these Terms.

• This disclaimer applies regardless of foreseeability of damages.

 

91. Final Client Acknowledgements

Understanding of Terms

• You acknowledge that you have read and understood these Terms in full.

• You acknowledge that you have had the opportunity to ask questions before agreeing.

• You acknowledge that you are entering into this agreement voluntarily.

• You acknowledge that you understand the independent nature of The Bournes Group.

• You acknowledge that all operational responsibility rests with Jaaziel Bournes.

• You acknowledge that affiliates, representatives, and associated persons have no liability.

• You acknowledge that you accept all risks associated with using our services.

• You acknowledge that you are responsible for your own compliance with laws.

• You acknowledge that you will not pursue claims against affiliates or representatives.

• All acknowledgements survive termination of the agreement.

 

92. Entire Risk Transfer

Risk Allocation

• All risks associated with the use of our services are transferred to you upon engagement.

• This includes risks related to technology, market conditions, and third‑party actions.

• We are not responsible for mitigating risks outside our direct control.

• You accept that risk transfer is a material term of this agreement.

• Risk transfer provisions survive termination of the agreement.

• You may not shift risk back to The Bournes Group without written consent.

• Risk transfer applies to all sub‑brands under The Bournes Group.

• Risk transfer applies regardless of foreseeability of risks.

• Risk transfer applies to all legal theories of liability.

• Risk transfer is binding on all parties.

 

93. Enforcement Rights

Right to Enforce

• We reserve the right to enforce these Terms through legal or equitable remedies.

• Enforcement may include seeking damages, injunctions, or specific performance.

• We may recover legal fees and costs associated with enforcement.

• Enforcement rights survive termination of the agreement.

• We may assign enforcement rights to legal representatives or affiliates.

• We may enforce rights in any jurisdiction where the client operates.

• We may use dispute resolution processes before litigation.

• Enforcement applies to all sub‑brands under The Bournes Group.

• Enforcement applies to all provisions of these Terms.

• Enforcement rights are binding on all parties.

 

94. No Reliance on Outside Statements

Integration of Agreement

• You acknowledge that you are not relying on any statements outside these Terms.

• This includes marketing materials, verbal statements, or informal communications.

• Only written agreements signed by both parties are binding.

• No outside statement modifies these Terms unless incorporated in writing.

• No affiliate or representative may make binding commitments without written authority.

• No outside statement creates warranties or guarantees.

• No outside statement alters the allocation of risk in these Terms.

• No outside statement alters the limitation of liability in these Terms.

• No outside statement alters the indemnification obligations in these Terms.

• All integration provisions survive termination of the agreement.

 

95. No Obligation to Continue Services

Service Continuity

• We are not obligated to continue offering any specific service indefinitely.

• We may discontinue services at any time without liability.

• We may modify services at any time without liability.

• We may replace services with alternatives at our discretion.

• Service continuity provisions survive termination of the agreement.

• Clients accept that service availability may change over time.

• Clients accept that discontinued services are not grounds for refunds.

• Clients accept that modified services are not grounds for refunds.

• Clients accept that replacement services may differ in scope or features.

• Service continuity provisions are binding on all parties.

 

96. No Obligation to Accept Clients

Right to Refuse Service

• We reserve the right to refuse service to anyone for any reason.

• We may refuse service without explanation.

• We may refuse service based on project scope or content.

• We may refuse service based on client conduct.

• We may refuse service based on legal or ethical concerns.

• Refusal of service provisions survive termination of the agreement.

• Clients accept that refusal of service is final.

• Clients accept that refusal of service is not discriminatory if based on legitimate factors.

• Clients accept that refusal of service is not grounds for damages.

• Refusal of service provisions are binding on all parties.

 

97. No Waiver of Legal Protections

Preservation of Rights

• Nothing in these Terms waives our legal protections under applicable law.

• We retain all rights not expressly granted to clients.

• We retain the right to update these Terms to maintain legal protections.

• We retain the right to enforce all provisions of these Terms.

• We retain the right to seek remedies for breaches.

• Preservation of rights provisions survive termination of the agreement.

• Clients may not claim waiver based on our failure to enforce rights.

• Clients may not claim waiver based on our delay in enforcing rights.

• Clients may not claim waiver based on partial enforcement of rights.

• Preservation of rights provisions are binding on all parties.

 

98. Final Dispute Resolution Commitment

Commitment to Resolve

• Both parties commit to resolving disputes in good faith.

• Both parties commit to following the dispute resolution process in these Terms.

• Both parties commit to avoiding unnecessary litigation.

• Both parties commit to using mediation or negotiation where possible.

• Dispute resolution commitments survive termination of the agreement.

• Both parties commit to providing timely responses during disputes.

• Both parties commit to maintaining confidentiality during disputes.

• Both parties commit to complying with agreed settlement terms.

• Both parties commit to avoiding public statements during disputes.

• Dispute resolution commitments are binding on all parties.

 

99. Final Limitation of Liability

Absolute Limitation

• To the fullest extent permitted by law, The Bournes Group, Jaaziel Bournes, and all affiliates, representatives, and associated persons have no liability for any claim, damage, loss, or expense arising from your use of our services.

• This limitation applies to all legal theories of liability.

• This limitation applies to all sub‑brands under The Bournes Group.

• This limitation applies regardless of foreseeability of damages.

• This limitation applies regardless of the form of action.

• This limitation applies even if remedies fail their essential purpose.

• This limitation applies to direct and indirect damages.

• This limitation applies to consequential and incidental damages.

• This limitation applies to punitive damages.

• All limitation provisions survive termination of the agreement.

 

100. Acceptance of Terms

Binding Agreement

• By using our services, you agree to be bound by these Terms in full.

• You confirm that you have read and understood these Terms.

• You confirm that you have the legal capacity to enter into this agreement.

• You confirm that you accept all risks and limitations described herein.

• You confirm that you will comply with all obligations in these Terms.

• You confirm that you will not pursue claims against affiliates or representatives.

• You confirm that you understand all operational responsibility rests with Jaaziel Bournes.

• You confirm that you are entering into this agreement knowingly and voluntarily.

• You confirm that this agreement is binding on you and your successors.

• Acceptance provisions survive termination of the agreement.

101. Access to Related Terms & Privacy Policies

Reference to Brand‑Specific Policies

• The Bournes Group operates multiple sub‑brands, each with its own Terms of Service and Privacy Policy tailored to its specific services.

• By engaging with any sub‑brand, you agree to review and comply with that brand’s specific Terms of Service and Privacy Policy in addition to this master agreement.

• The following links provide direct access to the current versions of each brand’s legal documents:

  • Bravyn

    • Terms of Service: Terms of Service / Legal | Bravyn

    • Privacy Policy: Privacy Policy / Legal | Bravyn

  • ZARVANI

    • Terms of Service: https://www.bournesgroup.com/zarvani/terms-of-service-1

    • Privacy Policy: https://www.bournesgroup.com/zarvani/privacy-policy

Relationship Between Policies

• This master Terms of Service governs all overarching legal, operational, and liability matters for The Bournes Group and its sub‑brands.

• Brand‑specific Terms and Privacy Policies provide additional rules, definitions, and procedures unique to that brand’s services.

• In the event of a conflict between this master agreement and a brand‑specific policy, this master agreement will control unless the brand‑specific policy explicitly states otherwise.

• All brand‑specific policies are incorporated by reference into this master agreement.

Updates to Linked Policies

• Linked Terms of Service and Privacy Policies may be updated by their respective brands at any time.

• Clients are responsible for reviewing the most current versions before engaging services.

• Continued use of any sub‑brand’s services after updates constitutes acceptance of the revised policies.

• We are not responsible for a client’s failure to review updated policies.

Binding Effect

• By engaging with any sub‑brand, you confirm that you have read, understood, and agreed to both this master agreement and the applicable brand‑specific Terms of Service and Privacy Policy.

• All obligations, disclaimers, and limitations of liability in this master agreement apply equally to all sub‑brands unless expressly stated otherwise in a brand‑specific policy.

• This section survives termination of the agreement and remains binding for all past, present, and future engagements with The Bournes Group and its sub‑brands.