TERMS OF SERVICE & PRIVACY POLICY


The Bourguignon Group
Boston, Massachusetts
Effective Date: 08/08/2026

PART ONE: TERMS OF SERVICE

  1. ACCEPTANCE OF TERMS

By accessing or using this website, purchasing any product or service, or otherwise engaging with The Bourguignon Group ("Company," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service. If you do not agree, do not use our services.

  1. SERVICES

2.1 Scope of Services
The Bourguignon Group provides services as described in any applicable agreement, proposal, or contract executed between the parties.

2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice. We are not liable for any modification, suspension, or discontinuance.

2.3 Third-Party Platforms
Some services may rely on third-party platforms or tools. The Bourguignon Group has no control over third-party platforms and cannot guarantee their availability, performance, or policy changes.

2.4 Results Disclaimer
Results vary. The Bourguignon Group makes no guarantee of specific outcomes, including but not limited to revenue, leads, conversions, rankings, or any other performance metric. All projections are illustrative only and not contractual commitments.

  1. CLIENT RESPONSIBILITIES

3.1 Accurate Information
You agree to provide accurate, complete, and current information necessary for us to serve you.

3.2 Legal Compliance
You are solely responsible for ensuring your use of our services complies with all applicable federal, state, and local laws and regulations relevant to your industry.

3.3 Approvals
You are responsible for reviewing and approving all content, materials, or communications before publication or distribution. The Bourguignon Group is not liable for approved content that results in complaints, penalties, or legal action.

3.4 Contact List Compliance
If you provide any contact lists for outreach purposes, you represent and warrant that all contacts have given appropriate consent as required by applicable law.

  1. PAYMENT TERMS

4.1 Fees
All fees are as outlined in your invoice, proposal, or signed agreement, in U.S. Dollars unless otherwise stated.

4.2 Late Payments
Invoices not paid within the due date may incur a late fee of 1.5% per month on the outstanding balance. Services may be paused for overdue accounts.

4.3 Refund Policy
All sales are final unless otherwise stated in writing. Disputes must be raised within 14 days of the invoice date.

4.4 Chargebacks
If you initiate a chargeback without first attempting resolution with The Bourguignon Group, you agree to reimburse us for all resulting fees and costs.

  1. INTELLECTUAL PROPERTY

5.1 Deliverables
Upon receipt of full payment, The Bourguignon Group grants you a license to use deliverables created specifically for you. Unless agreed otherwise in writing, The Bourguignon Group retains rights to underlying templates, tools, and methodologies.

5.2 Portfolio Rights
The Bourguignon Group reserves the right to display work created for you in its portfolio and marketing materials unless you request otherwise in writing.

5.3 Client-Provided Content
By providing content, images, or materials to The Bourguignon Group, you represent that you own or have the right to use them and grant us a license to use them solely for delivering your services.

  1. CONFIDENTIALITY

Both parties agree to keep confidential any non-public business information shared during the engagement. This obligation survives termination for two (2) years.

  1. TERM AND TERMINATION

7.1 Termination by Client
Clients on recurring arrangements may terminate with 30 days' written notice. You remain responsible for fees accrued through the termination date.

7.2 Termination by The Bourguignon Group
We may terminate services immediately if you breach these Terms, fail to pay, engage in abusive or illegal conduct, or if continued service would expose The Bourguignon Group to legal or reputational harm.

7.3 Effect of Termination
Upon termination, all work product will be delivered upon receipt of any outstanding payment.

  1. LIMITATION OF LIABILITY

The Bourguignon Group's total liability for any claim shall not exceed the total fees paid by you in the three (3) months preceding the claim. In no event shall The Bourguignon Group be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.

  1. DISCLAIMERS

Services are provided "as is" without warranties of any kind. Nothing provided by The Bourguignon Group constitutes legal, financial, tax, or professional licensed advice. Consult a qualified professional for such matters.

  1. INDEMNIFICATION

You agree to indemnify and hold harmless The Bourguignon Group, its owners, employees, and contractors from any claims, damages, or expenses arising from: your breach of these Terms, your violation of applicable law, your content or materials, or your contact list practices.

  1. DISPUTE RESOLUTION

11.1 Good Faith
Both parties agree to attempt good-faith resolution within 30 days of written notice of a dispute.

11.2 Governing Law
These Terms are governed by the laws of the State of Massachusetts, without regard to conflict of law provisions.

11.3 Jurisdiction
Any legal proceedings shall be brought in Massachusetts

11.4 Class Action Waiver
Disputes will be resolved on an individual basis only — not as a class or collective action.

  1. FORCE MAJEURE

The Bourguignon Group is not liable for delays or failures caused by circumstances beyond our reasonable control, including acts of God, pandemics, internet outages, government actions, or third-party platform changes.

  1. AMENDMENTS

We may update these Terms at any time. Continued use of our services after the effective date of changes constitutes acceptance.

  1. ENTIRE AGREEMENT

These Terms, together with any signed agreement or proposal, constitute the entire agreement between the parties and supersede all prior understandings.

  1. CONTACT

The Bourguignon Group
20 Park Plaza 14th Floor, Boston MA
Boston, United States
Email: [email protected]
Website: https://bourguignonrealestate.com

PART TWO: PRIVACY POLICY

This Privacy Policy explains how The Bourguignon Group collects, uses, and protects your personal information.

  1. INFORMATION WE COLLECT

  • Name, email, phone number, and mailing address

  • Business information you provide

  • Payment information (processed by secure third-party processors)

  • Website usage data (IP address, browser type, pages visited)

  • Information from cookies and tracking technologies

  • Information from third-party platforms or referral sources

  1. HOW WE USE YOUR INFORMATION

  • To deliver and manage our services

  • To process payments and send invoices

  • To communicate with you about your account or inquiry

  • To send marketing emails or SMS messages where you have consented

  • To analyze website traffic and improve user experience

  • To comply with legal obligations and prevent fraud

  1. SMS / TEXT MESSAGE COMMUNICATIONS

If you opt in to SMS communications from The Bourguignon Group:

  • You consent to receive text messages at the number you provide

  • Message and data rates may apply

  • Message frequency varies

  • Reply STOP to opt out at any time

  • Reply HELP for assistance

  • We do not sell or share your mobile number for third-party marketing purposes

  1. HOW WE SHARE YOUR INFORMATION

We do not sell your personal information. We may share it with:

  • Trusted service providers who help us deliver services (payment processors, software platforms, hosting, analytics)

  • Legal or government authorities when required by law

  • A successor entity in the event of a business sale or merger

  1. COOKIES AND TRACKING

We use cookies and similar technologies to remember preferences, analyze traffic, and enable advertising. You may disable cookies through your browser settings, though this may affect website functionality.

  1. DATA RETENTION

We retain your information as long as necessary to fulfill the purposes in this Policy, comply with legal obligations, and resolve disputes.

  1. DATA SECURITY

We implement commercially reasonable safeguards to protect your information. No internet transmission is 100% secure; we cannot guarantee absolute security.

  1. YOUR RIGHTS

All users may:

  • Request access to or correction of their personal information

  • Request deletion of their personal information

  • Opt out of marketing communications at any time

California Residents (CCPA): You have the right to know what data we collect, request deletion, and opt out of the sale of personal information.

EU/UK Residents (GDPR): You have the right to access, rectify, erase, restrict, or port your data, and to withdraw consent at any time.

To exercise any of these rights, contact us at [email protected].

  1. THIRD-PARTY LINKS

Our website may link to third-party sites. We are not responsible for their privacy practices.

  1. CHILDREN'S PRIVACY

Our services are not directed to individuals under 18. We do not knowingly collect information from minors.

  1. CHANGES TO THIS POLICY

We may update this Policy periodically. We will update the "Last Updated" date when changes are made. Continued use of our services constitutes acceptance.

  1. CONTACT US

The Bourguignon Group
20 Park Plaza 14th Floor, Boston MA
Boston, United States
Email: [email protected]
Website: https://bourguignonrealestate.com

We will respond to all requests within 30 days.