Therms of service
Last updated: 29 Sep 2025
These Terms of Service (“**Terms**”) govern your access to and use of the website and services provided by Boho Creativa (“Boho Creativa”, “we”, “us”, “our”). By visiting our website or engaging our services, you agree to these Terms.
We are established in Spain and operate under EU and Spanish law.
1) Who we are
Boho Creativa
Email: info@bohocreativa
Address: C.C San Agustin — Calle las Dalias, 12 (Spain)
2) Scope of these Terms
These Terms apply to:
- Use of our website and any content we publish.
- Requests for information, quotes, proposals, and any services we provide (curation, exhibitions, event design, visual identity, creative direction, digital content, and related consultancy).
Specific deliverables, timelines, fees, and responsibilities will be set in a proposal / statement of work / contract (“Project Agreement”). If there is a conflict, the Project Agreement prevails for that project.
3) Using the website
You agree to use the website lawfully and not to:
- Infringe intellectual property, privacy, or image rights.
- Upload or transmit malware, attempt unauthorised access, or disrupt the site.
- Scrape or automatically collect data without our written permission.
We may suspend or restrict access if we believe your use violates these Terms.
4) Accounts and access (if provided)
If we provide login/admin access (e.g., CMS), you must:
- Keep credentials confidential and secure.
- Be responsible for all activity under your account.
- Inform us of any suspected unauthorised access.
We may suspend or revoke access for security or policy breaches.
5) Intellectual property
5.1 Our IP
Unless otherwise stated, all website content (design, text, images, graphics, logos) is owned by or licensed to Boho Creativa. You receive a limited, non-exclusive, non-transferable licence to view and use the site for personal or internal business purposes.
5.2 Client materials
If you provide images, texts, artwork, logos or other assets (“Client Materials”), you:
- Warrant you hold all necessary permissions (including artist/image rights) to use and publish them.
- Grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, and display them solely to deliver the project, operate the site, and (unless you object) showcase the project in our portfolio (see §5.4).
5.3 Deliverables
Ownership and usage rights for final deliverables are defined in the Project Agreement. Unless expressly assigned, we grant you a licence to use the deliverables for the agreed scope, media, territory, and duration. **Source/working files** are excluded unless expressly agreed.
5.4 Portfolio rights
Unless you expressly object in writing or an NDA states otherwise, we may display project visuals, names, and credits on our website, social channels, and credentials decks.
5.5 Takedown
If you believe any content on our site infringes your rights, email info@bohocreativa with details. We may temporarily remove content while we assess the claim.
6) Proposals, timelines, changes
- Quotes/estimates are valid for the time stated or 30 days if not specified.
- Start of work occurs after written approval and any agreed deposit.
- Client responsibilities: provide timely feedback, approvals, and assets. Delays may shift timelines and impact fees.
- Revisions: included up to the rounds stated in the Project Agreement; extra rounds/scope changes are billed at our current rates.
- Third-party items: licences (fonts, music, stock), fabrication, venues, and permits are either purchased by you or recharged per agreement.
7) Fees, payments, taxes
- Fees follow the Project Agreement (fixed, hourly, or hybrid).
- Deposits are non-refundable unless agreed otherwise.
- Payment terms: Net 30 days from invoice. Late payments may accrue interest and recovery costs as permitted by law.
- Expenses (travel, shipping, fabrication, third-party services) are billed at cost plus any agreed production fee/mark-up.
- Taxes: prices may exclude applicable taxes (e.g., IGIC in the Canary Islands or VAT where applicable).
8) Cancellations & rescheduling
- By you: if you cancel after kick-off, you owe fees for work performed to date, committed third-party costs, and any cancellation charges in the Project Agreement.
- By us: we may cancel for cause (e.g., non-payment, material breach) on written notice.
- Events/installations: supplier/venue cancellation and rescheduling policies apply and may incur additional costs.
9) Events, safety & permits (when applicable)
For physical events or installations, unless otherwise agreed in writing you are responsible for obtaining required permits/permissions, ensuring safety, security, and insurance, and complying with venue and public regulations. We are not liable for venue restrictions, authority decisions, or supplier availability.
10) Data protection & cookies
We process personal data according to our Privacy Policy and Cookie Policy (linked on the website). We follow the EU GDPR and Spain’s LOPDGDD. Where consent is required (e.g., optional analytics), we request it via our cookie banner.
11) Third-party services & links
Our site may link to or embed third-party services (e.g., maps, social media). Those services are governed by their own terms and policies. We are not responsible for their content or practices.
12) Disclaimers
The website and its content are provided “as is” without warranties of any kind, express or implied. We do not guarantee uninterrupted or error-free operation or specific outcomes (e.g., sales, leads, attendance). Creative outcomes are inherently subjective; we act with professional care but do not guarantee a particular result.
13) Limitation of liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or business interruption.
- Our aggregate liability for any claim related to a project or the website is limited to the fees you paid to us for the service in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
14) Indemnity
You agree to indemnify and hold Boho Creativa harmless from claims, damages, and expenses (including reasonable legal fees) arising from: (i) your breach of these Terms; (ii) your Client Materials; or (iii) your use of the site or services in violation of law or third-party rights.
15) Force majeure
Neither party is liable for delays or failures caused by events beyond reasonable control (including natural disasters, strikes, epidemics, war, government actions, power or Internet failures, or supplier insolvency). Timelines will be adjusted accordingly.
16) Changes to these Terms
We may update these Terms from time to time. Changes take effect when posted on the website with an updated “Last updated” date. For material changes affecting ongoing projects, we will provide reasonable notice.
17) Governing law & jurisdiction
These Terms are governed by Spanish law. Any dispute is subject to the courts of Las Palmas de Gran Canaria, without prejudice to mandatory consumer rights if you are a consumer. If we publish these Terms in multiple languages, the Spanish version may prevail in case of conflict.
18) Severability
If any provision of these Terms is held invalid, the remaining provisions remain in full force and effect.
19) Entire agreement
These Terms, together with any Project Agreement and our Privacy/Cookie policies, constitute the entire agreement between you and Boho Creativa regarding the website and services.