Website

 

Last revised and effective as of: February 12, 2017

Registration & Permission

Visitors. You are welcome to access and view the public areas of the Website as a visitor.

Registration. In order to view and use certain areas and features of the Website, you will need to register a user account and be provided a user name and password. Your user name and password are personal to you, and you may not allow any others to use your user name or password. You agree to immediately notify Bolster if you become aware of or believe there may be unauthorized use of your user name or password. You agree to register only one user account. If your user account is terminated due to your breach of these Terms or any other agreement, you agree to not register another account. By providing us with your e-mail address, you agree to receive all required notices electronically to that e-mail address.

Registered User Permissions.

(a) Professionals. If you are registered as a professional, you may use the Website to create a profile and use Bolster's products and services. 

Unauthorized Use. If you are not an owner or contractor intending to use the Website in connection with a bona fide remodeling project, then you are not authorized to use the Website.

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Information & content submitted by you

Accurate Information. You represent and warrant that all information provided by you, including in connection with your user account and any project, is true, accurate, current and complete, and you shall update all such information as it may change over time. We shall be entitled to collect and use all such information, and all information generated from, obtained in connection with, or otherwise related to such information, including information based on your use of the Website, in accordance with the Privacy Policy as applicable.

Project Information & Communications. In addition to the Privacy Policy, all information and communications provided by you shall also be governed by the Terms & Conditions  (if agreed to by you).

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Intellectual Property

The content and works of authorship contained in the Website, including all design, text, blogs, samples, documents, FAQs, “look and feel” elements, sound recordings, images and video, and all technology, applications, inventions and innovations embodied by the Website, and all intellectual property rights therein and thereto (all of the foregoing, collectively, the “Website Assets”) are owned or licensed by Bolster. The trademarks, service marks and logos used on the Website are owned by Bolster, including “Bolster,” “Remodel without Risk,” and the Bolster logo. Nothing on this Website should be construed as granting, by implication, or otherwise, any license or right to use these marks without our written permission. All goodwill generated from the use of our marks must be for the benefit of Bolster. Except as otherwise expressly permitted herein, you shall not (a) copy, transmit, display, perform, modify, distribute, license, alter, frame, store for subsequent use, or reverse engineer any of the Website Assets, except to the extent permitted by applicable law, (b) assist or enable any third party to do any of the foregoing, (c) remove, alter, or obscure any copyright, trademark, patent or other proprietary rights notices that appear on or in the Website Assets, or (d) use or exploit the Website Assets in any way except as expressly authorized herein. You agree that Bolster may use your feedback, suggestions, or ideas in any way, including in future modifications of the Website and the Bolster platform, or other products or services. You grant to Bolster a worldwide, fully paid-up, perpetual, royalty-free, sublicenseable, irrevocable and transferable license to use the feedback you provide to Bolster in any way, including in the Website and Bolster platform or in connection with other goods or services.

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Disclaimers & Limitations of Liability

No Warranties. THE WEBSITE AND WEBSITE ASSETS ARE PROVIDED AND LICENSED TO YOU “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS,” AND BOLSTER AND ITS PARTNERS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE) WITH RESPECT THERETO, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BOLSTER DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY WEBSITE ASSETS WILL MEET YOUR REQUIREMENTS OR THAT THEIR OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability. EXCEPT AS MAY BE EXPRESSLY SPECIFIED IN SUPPLEMENTAL AGREEMENTS, IN NO EVENT SHALL BOLSTER OR ITS PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE WEBSITE OR ANY OF THE WEBSITE ASSETS, INCLUDING ANY DIRECT, COMPENSATORY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR COST OF COVER ARISING OUT OF OR RELATING TO THE OPERATION, USE OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY OR OTHERWISE. FURTHERMORE, BOLSTER WILL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN THE WEBSITE, ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND YOUR FILES AND YOUR BROWSER, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU DUE TO YOUR ACCESS TO OR USE OF THE WEBSITE OR DOWNLOADING OF ANY INFORMATION OR MATERIALS. YOU AGREE THAT THE FOREGOING REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

Certain Jurisdictions. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

Website. The information and materials contained in this Website are subject to change without notice. Bolster may discontinue or make changes in the information, materials, services or products which may be described or provided for on the Website at any time without prior notice to you and without any liability to you. Any dated information is published as of its date only, and Bolster does not undertake any obligation or responsibility to update any such information. Services and products described on the Website may differ among geographic locations. Bolster may shut down this Website in whole or part, and the Website may from time to time be unavailable, delayed or slowed at any time, including for reasons of equipment malfunction, upgrades, maintenance and repairs, without notice and without liability to you.

AIA Disclaimer. You acknowledge and agree that (a) the American Institute of Architects (AIA) and Bolster are not legal partners, (b) the services and products offered on the Website are offered solely by Bolster, and are not offered or provided by the AIA in any way, and (c) the AIA shall bear no liability or responsibility whatsoever for the services and products offered on the Website.

Indemnification. You shall indemnify, defend, and hold harmless Bolster, and its officers, employees and agents, from any and all losses, injuries, liabilities, damages, fines, penalties, costs and expenses including reasonable attorneys’ fees, resulting from claims made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Website, your submissions on the Website, your breach of any these Terms or any Supplemental Agreements or any other policies or rules governing the Website, or your violation of law or infringement of any rights of another person.

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Links

Third Party Website Links. The Website may contain links to websites and webpages controlled, maintained or offered by third parties not owned by, or affiliated with, Bolster (“Third Party Websites”). These links do not represent our endorsement of any Third Party Websites, and we are not responsible for their content.

Website Information. BOLSTER HEREBY DISCLAIMS ALL LIABILITY FOR ANY INFORMATION, MATERIALS, SERVICES OR PRODUCTS ON OR PROVIDED VIA ANY THIRD PARTY WEBSITE. BY LINKING TO A THIRD PARTY WEBSITE, BOLSTER DOES NOT ENDORSE OR RECOMMEND ANY SERVICES OR PRODUCTS OFFERED OR INFORMATION OR MATERIALS CONTAINED IN SUCH WEBSITE OR WEBPAGE.

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Supplemental Agreements

These Terms constitute the entire agreement between Bolster and you with respect to the matters covered hereby, except as may be supplemented by the Privacy Policy, the Terms & Conditions (if agreed to by you). You acknowledge and agree that any descriptive materials provided on the Website are informal and not binding, and that these Terms solely and exclusively govern your relationship with Bolster, and shall prevail in any conflict with such descriptive materials.

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Changes

We may update these Terms from time to time. If you are a registered user, we will provide notice of updates, otherwise it is your responsibility to check for updates. In any case, we will treat your continued access to the Website as acceptance of any update. However, if we change these Terms in a manner that materially reduces your rights while you have an active project, and you reject the changes, then you may continue to access the Website pursuant to the previous Terms for the duration of and for the purpose of completing your project.

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Termination

Bolster may terminate these Terms at any time if you have materially breached (and failed to timely cure) any provision of these Terms for convenience upon notice to you.

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Miscellaneous

These Terms will be construed in accordance with and governed by the laws of the State of New York, without reference to choice of law principles, including all matters of construction, validity and performance. You hereby irrevocably and unconditionally submit (to the extent permitted by law) to the jurisdiction of the courts of the State of New York located in the City and County of New York and the U.S. District Court for the Southern District of New York for any legal action or proceeding arising out of this letter. No delay or failure by Bolster to exercise or enforce at any time any right or provision of these Terms will be considered a waiver thereof or of Bolster’s right thereafter to exercise or enforce each and every right and provision of these Terms. No waiver will constitute a continuing or subsequent waiver. If any provision of these Terms is held to be illegal, invalid or unenforceable, the remaining provisions of these Terms shall be unimpaired and remain in full force and effect. No modification, amendment, renewal, extension or waiver of these Terms will be binding unless expressly agreed to by Bolster. You may contact Bolster regarding these Terms by emailing us at support@bolster.us or writing to Bolster Corporation, 119 West 24th Street, #5016 New York, NY 10011. The headings and captions contained in these Terms shall not be considered to be a part hereof for purposes of interpreting or applying these Terms, but are for convenience only. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. These Terms may be assigned by Bolster, and shall inure to the benefit of our successors, assignees, licensees and sublicensees. These Terms, together with other documents that may be expressly referred to herein including the Supplemental Agreements, constitute the sole and entire understanding between Bolster and you with respect to the subject matter hereof and supersedes all prior agreements and understandings with respect to such subject matter.

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Privacy

 

Last revised and effective as of: February 12, 2017

Glossary

“Personally Identifiable Information” or “PII” means information that by itself can be used to identify you. PII includes such things as name, address, phone number, and email address.

“Non-Personally Identifiable Information” or “Non-PII” means information that by itself cannot be used to identify you. Non-PII includes such things as feedback or rating data for your work, as well as aggregated, synthesized or anonymized data originally based on PII.

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What information we collect and store

We may collect and store the following information:

Information About You. When you register an account, and as you use the Bolster website, we may collect information (including PII) about you that you provide, such as your name, email address, phone number, and office address, and we may collect and/or generate data regarding your performance, including based on bid, project, feedback and rating data (collectively “Contractor Information”).

Information About Your Project(s). We may collect information (including PII) about your project(s) that you or owners enter into or upload to the website, or that the website generates in connection with your project(s), including project performance data (collectively, “Project Information”).

Server Logs. We may collect server logs to improve our website and authenticate your log in and access.

Cookies. We may place cookies on your computer to collect information to improve our website. We may also permit third party service providers to place cookies on your computer to help us analyze visitor activities such as the performance of our online campaigns.

Retention. We may retain and store Contractor Information, Bid Information and Log Data indefinitely, except for any PII, which (except as otherwise handled for special cases) we may retain and store until your user account is closed, or longer if necessary to comply with applicable law or to record, enforce and comply with any agreements between you and Bolster. If you wish to cancel your account, you may do so by contacting Bolster Support at support at bolster dot us or (929) BOLSTER. Please note that there might be latency in deleting information from our servers, and backed-up versions might exist after deletion.

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How we use your Information

Personally Identifiable Information. We may use PII (including Contractor Information, Bid Information, Project Information and Log Data) to (a) enable and support your use of and access to the features and functionality of the Bolster website, (b) deliver administrative notices and communications (including from contractors and third party service providers), (c) detect and protect against error, fraud or other criminal activity, (d) better understand your needs and interests, and (e) personalize and improve your experience.

Non-Personally Identifiable Information. We may use non-PII (including Contractor Information, Bid information, Project Information and Log Data) for the same purposes as we use PII, as well as to (a) analyze and improve the website and our business, and (b) generate information and analytics for new features, products and services.

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How we share and disclose information

No Sale of PII. Simply put, we do not and will not sell or rent your Personally Identifiable Information to anyone, for any reason, at any time. We will not disclose or share your PII with any third party except as expressly described in this Privacy Policy.

To Owners. We may disclose your Non-PII as well as your name and contact information (including address, phone number and email) to owners who have invited you to project(s).

To Other Third Parties. We may disclose your Non-PII to third parties, including sharing with our service providers and business partners.

Business Transfers. If we are involved in a reorganization, merger, acquisition, bankruptcy or sale of all or a portion of our assets, your information (both PII and Non-PII) may be transferred as part of that transaction but will remain subject to the terms and conditions of this Privacy Policy.

Compliance with Law. We may disclose your information (both PII and Non-PII) with governmental authorities or other relevant third parties if we have a reasonable belief that disclosure is necessary to comply with a law, regulation or compulsory legal request, or to investigate, prevent or mitigate actual or potential illegal activity.

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Data Security

Your data is secure. We use a combination of firewall barriers, encryption techniques and authentication procedures, among others, to maintain the security of your online session and to protect Bolster accounts and systems from unauthorized access. When you register on the Bolster website, Bolster requires a password from you for your privacy and security. Bolster transmits information to the website securely. Our servers are in a secure facility. Our databases are protected from general employee access both physically and logically. We encrypt your service password so that your password cannot be recovered, even by us. Bolster has been verified by GeoTrust and for its use of SSL encryption technologies.

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Changes

We may update this Privacy Policy from time to time. If you are a registered user, we will provide notice of updates, otherwise it is your responsibility to check for updates. In any case, we will treat your continued access to the Bolster website as acceptance of any update. However, if we change this Privacy Policy in a manner that materially reduces your rights while you have an active project, and you reject the changes, then you may continue to access the Bolster website pursuant to the previous Privacy Policy for the duration of your project.

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General

Questions/Contact Us. If you have questions regarding this Privacy Policy, please contact Bolster Support at support at bolster dot us or (929) BOLSTER, or write to Bolster Corporation, 119 West 24th Street, NY, NY, 10011.

Miscellaneous. The terms “include,” “includes,” and “including,” whether or not capitalized, mean “include, but are not limited to,” “includes, but is not limited to,” and “including, but not limited to,” respectively and are to be construed as inclusive, not exclusive. This Privacy Policy will inure to the benefit of our successors, assignees, licensees and sublicensees.

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Owners

 

Last revised and effective as of: February 12, 2017

Contractual Relationship

These Terms of Service ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services made available in the United States and its territories and possessions by Bolster Corporation.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you and any other contractual relationship you enter in to with a Bolster Architect, General Contractor or Professional. Bolster may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 

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Professionals

You acknowledge that an accredited surety provider may conduct diligence regarding your Bolster Contractor (in such surety’s sole discretion) in connection with issuing the Bolster Home Renovation Bond on your renovation project.

You also acknowledge and agree that (i) Bolster is responsible for diligence of your contractor, (ii) the surety provider has not conducted (and is not responsible for) any diligence on your contractor other than explained above (iii) Bolster and the surety provider are entitled to rely on any information provided by contractor as comprehensive, correct and current, and (iv) any additional diligence, including for example any diligence recommended by the applicable governmental contractor licensing agency, is your responsibility.

You acknowledge that your Bolster Contractor is an independent contractor and not an employee of Bolster. Bolster is however responsible for ensuring the contractor’s licenses and insurance are valid and current.

Professional Rates. Your Bolster Professionals agree with Bolster to charge their services to you at their standard market rates and pay their success fee to Bolster from payments made by you to Bolster on your project. While Bolster reviews our Professional's rates, you acknowledge and agree that Bolster is not held responsible for setting the rates of your Bolster professionals. 

Working with your own architect. You may permit a licensed architect to help manage the process and project on your behalf by sharing your own user account information with the architect. In such case, you represent and agrees that (a) you shall fully identify such architect on the website, and such architect is validly licensed or a member of the American Institute of Architects, (b) Bolster shall be entitled to rely on all instructions, acts or omissions of the architect on the website as if made by you, (c) all acts and omissions of the architect are your responsibility, and (d) Bolster shall have no liability whatsoever as a consequence of or in the event it relies on an act or omission of the architect, even if you later dispute such act or omission.

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Cost Information

You agree that it is solely your responsibility to confirm that any cost information you receive through the Bolster platform meets your requirements, and that while the Bolster platform may provide tools to facilitate review and management of cost information, it is solely your (and not Bolster’s) responsibility to confirm each estimate, report, proposal or estimate includes satisfactory terms including (a) a comprehensive and detailed scope of work, (b) an overall fixed price with specific and detailed pricing for materials and labor tasks, (c) clear responsibility for purchase of materials, (d) specific amounts and timing for advances and payments, and (e) a clear schedule for work completion milestones.

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Contracts

Preparation and Execution. If you desire to accept a Bolster contractor’s bid for a project, and to commence your project under coverage of the Bolster Home Renovation Bond, you must sign a valid Project Contract incorporating the contractor's bid. You acknowledge and agree that (i) you and your contractor share exclusive responsibility to accurately and comprehensively prepare and complete a Project Contract incorporating the contractor’s bid, (ii) Contractor will sign the Project Contract first and you must countersign (and pay any necessary fees) with fourteen days or the contractor will be entitled to withdraw the Project Contract or renegotiate price, scope of work, and schedule, and (iii) the Project Contract exclusively governs the respective rights and obligations between you and your contractor regarding your Project.

Use of Authorized Contract Templates Only. You will ensure that the Project Contract is based exactly on an Authorized Contract Template, and acknowledge and agree that any modification to, amendment of, or deviation from an Authorized Contract Template (except to accurately complete factual fields in the template) is not permitted or covered by the Bolster Home Renovation Bond unless expressly authorized in writing by the Surety Provider, and any such modification, amendment or deviation not so authorized will automatically cancel, nullify and void coverage of the Contract and Project by the Bolster Home Renovation Bond. You acknowledge that if you elect to use an Authorized Contract Template from the American Institute of Architects (AIA), then you will be responsible for complying with any associated instructions and requirements, and paying any applicable fees to Bolster.

If you believe that an Authorized Contract Template is not in full compliance with applicable law, then we ask that you inform Bolster in writing before execution of the Project Contract and issuance of the Bolster Home Renovation Bond, specifying what terms need to be modified along with explanation (such as recommendation of an attorney or reference to applicable regulation, statute or caselaw). Bolster will work with you to modify the Authorized Contract Template as necessary.

If you desire to make changes to an Authorized Contract Template, or to use a custom contract in lieu of an Authorized Contract Template, you may request such changes or usage of such custom contract. You acknowledge and agree that (1) Bolster shall have no obligation to review or accept any such requests, (2) Bolster may accept or reject any such requests in its sole discretion, with or without explanation, (3) Bolster and/or the Surety Provider may charge additional fees to review or accept any such requests, (4) any custom contract will require addition and execution of a Bolster-specific rider to operate in conjunction with the Bolster Home Renovation Bond, and (5) Bolster shall have no liability or obligation whatsoever in connection with its review, consideration and acceptance or rejection of any such requests.

Authorized Contract Templates mean one of the following:

  • The Bolster Design Agreement
  • AIA Document B105 – 2007 ("Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project"), together with the applicable Bolster rider, as purchased by you through the Platform.
  • The Bolster Build Agreement with Financial Guarantee Rider
  • The Bolster Build Agreement
  • Form of home renovation estimate and contract, together with the applicable Bolster rider, as provided by Bolster and obtained by you through the platform.
  • AIA Document A105-2007 (“Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project”), together with the applicable Bolster rider, as purchased by you through the Platform. Note that AIA A105-2007 and the applicable Bolster rider may be used only if a licensed architect has been retained by Owner using AIA Document B105-2007 (“Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project”).

Learn more about Bolster's Contractual Framework here

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Bolster Financial Guarantee

Surety Provider. You acknowledge and agree that (a) the Bolster Home Renovation Bond covering your Project is underwritten and provided by a third party Surety Provider, not Bolster, (b) all rights and remedies of you pursuant to the bond are solely provided by (and are solely the liabilities of) the Surety Provider, not Bolster, and (c) Bolster shall have no liabilities whatsoever to you in connection with or pursuant to such bond, except as may be expressly provided in these terms.

Bond; Certificate of Coverage. Upon payment of the project’s advance payment to Bolster, and subject to approval of the Contractor by the Surety Provider, Bolster shall cause a Surety Provider to issue or apply a Bolster Home Renovation Bond with respect to the Project Contract, covering the Project Contract up to the Contract Price (or, after substantial completion, up to the warranty percentage of the Contract Price), and Bolster shall be responsible for any premium payments to Surety Provider for such coverage. Bolster shall make available the signed Bolster Home Renovation Bond between the Surety Provider and the Contractor on the Website for review by Owner, as well as a “certificate of coverage” that solely confirms Bolster’s compliance with its obligations as described in these terms.

Bolster as Obligee. Owner acknowledges and agrees that (a) Bolster is the obligee for the benefit of Owner under the Bolster Home Renovation Bond, (b) Bolster as obligee is operating solely in a purely ministerial capacity to enable such bond to apply to multiple owners and projects, and (c) Bolster is not a fiduciary to Owner in any capacity and shall have no implied or inferred duties, responsibilities or obligations. Bolster’s sole responsibilities and obligations to Owner as obligee under the bond shall be to confirm that (x) the bond covers the Project Contract up to the Contract Price, and (y) at any given time, the penal sum of the bond exceeds the aggregate contract prices of all covered projects then active (i.e. those for which work has commenced but before substantial completion) plus the aggregate warranty coverage of all covered projects then in their warranty periods (i.e. those within the twelve month period following substantial completion).

Warranties. You acknowledge that coverage of the Project Contract by the Bolster Home Renovation Bond is reduced to 5% of the Contract Price after substantial completion.

Claims. If you believe that your Contractor is in material breach of the Project Contract or unable to perform under the Project Contract, you may file and submit a claim to the Surety Provider via the Bolster Platform in compliance with such surety’s claims submission and management process. Bolster shall have no liability to you whatsoever regarding any breach by the Contractor of the Project Contract, or in connection with any act or omission of the Contractor.

Investigation Period. You agree that before filing any lawsuit (or initiating any arbitration) against the Contractor under the Project Contract, you will first file and submit the claim as set forth above, and allow the Surety Provider a period of up to 60 days from receipt of all requested supporting claim documentation to complete its investigation of the claim. You acknowledge and agree that failure to comply with the foregoing will automatically cancel, nullify and void coverage of the Contractor and Project by the Bolster Home Renovation Bond.

Remediation. You acknowledge and agree that, if the Surety Provider determines the Bolster Home Renovation Bond is triggered with respect to the Project, then the Surety Provider in its sole discretion may elect whether to (a) have the Contractor continue and complete the Project, (b) replace the Contractor with an alternative contractor to complete the Project, or (c) provide a lump-sum payment to enable you to retain an alternative contractor to complete the Project.

Fixed Price Only. You will ensure that your Project Contract specifies a single, comprehensive fixed Price for the Project, and acknowledge and agree that failure to specify a fixed price will automatically cancel, nullify and void coverage of the Contract and Project by the Bolster Home Renovation Bond.

Compliance. You will comply with all of your responsibilities and obligations under the Project Contract. You acknowledge and agree that failure to comply with the foregoing may cancel, nullify and void coverage of the Project Contract and Project by the Bolster Home Renovation Bond.

Termination. You acknowledge and agree that any termination of the Project Contract will automatically cancel, nullify and void coverage of the Project Contract and Project by the Bolster Home Renovation Bond.

No Assignment. You will not assign the Project Contract without the prior written consent of Bolster and the Surety Provider. You acknowledge and agree that failure to comply with the foregoing will automatically cancel, nullify and void coverage of the Project Contract and Project by the Bolster Home Renovation Bond.

No Legal Advice. No legal relationship exists in any way between You and Bolster. Bolster does not provide any legal advice. Bolster is not a law firm, and the employees of Bolster are not acting as your attorney. Your use of the Website, Platform or Authorized Contract Templates does not create or constitute an attorney-client relationship between you and Bolster or any Bolster employee. Use of the Website or an Authorized Contract Template is not a substitute for the advice of an attorney. If any type of relationship is inadvertently formed between you and a Bolster employee, that relationship is limited to the scope of what was communicated between you and that employee. You understand that your download and use of a form document or template is neither legal advice nor the practice of law, and that each form or template and any applicable instructions or guidance is not customized to your particular needs.

Residential Remodeling Projects Only. You represent that the Project is residential remodeling or residential custom home construction, and acknowledges that no commercial construction is permitted hereunder or under the Bolster Home Renovation Bond.

No Design Work. You acknowledge and agree that only construction work, and no design work, is permitted to be contracted for and/or performed under the Project Contract, although design work may be separately provided under a different contract not in connection the Bolster Home Renovation Bond. You represent that any design work necessary for your Project has been performed by a Bolster Architect or registered architect or otherwise approved by a registered architect or engineer in conformance with local laws, and that you and the Contractor shall mutually determine who shall be responsible for providing final and complete construction documents (including plans, drawings and specifications) incorporating such design work (as applicable) for your Project.

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Payments

Bolster’s role. You acknowledge and agree that Bolster is operating solely in a ministerial capacity on your project and (a) Bolster is not a fiduciary to you in any capacity and shall have no implied or inferred duties, responsibilities or obligations. Bolster’s sole responsibilities and obligations to you shall be to confirm that (x) Bolster has received your project's funds (y) your Bolster Professional is not released funds without meeting the conditions of your payment schedule (z) your professionals have timely access to the funds they are rightly due.

Milestone payments. Bolster requests one milestone payment in advance from you and only releases these funds to your Bolster-approved Professionals upon your approval confirming they have successfully completed that milestone. While Bolster provides you and your professionals with a payment schedule guideline, you acknowledge and agree that your Bolster professional, and not Bolster, is responsible for calculating their payment schedule for work on your project.

Change Orders. You acknowledge and agree that all change order's on your project are to be actioned, approved, paid for and processed through the Bolster Platform and that any change order carried out by you or your Bolster professional outside of the Bolster Platform is invalid and Bolster will have no responsibility whatsoever for any consequences of this change order including any protections afforded by our Financial Guarantee product.

Approved Payment Methods: Unless otherwise specified by Bolster, you agree to pay Bolster by wire transfer for Milestone Payments on your project and not by credit card or check.

Indemnification. Upon receipt of your funds for a milestone payment through the Bolster platform, your professional will automatically consider themselves conditionally paid by you for that amount and release you from any liability associated with non payment of that exact amount and agree to deliver the next milestone of your project.

Escrow. You acknowledge and agree that upon your request, project funds may be paid into an escrow account of Bolster's choosing in advance whereby the escrow agent will payout funds to your professionals upon the terms of the escrow agreement. Additional terms (e.g. one single upfront payment for design stage of work and build stage of work) and an additional fees may apply.

Retention. On every payment you make to Bolster throughout your project's construction phase, 5% retention is withheld from your contractor until your project is completed. Retention is a percentage of the amount due to the contractor that is deducted from the amount due and retained by Bolster. The purpose of retention is to help ensure that your contractor properly completes all the activities required of them under your Bolster Project Agreement. Bolster only releases these retained funds to your contractor upon a Bolster Final Completion Form being signed by you (this form confirms you are satisfied that everything on your project has been completed according to the terms of your Bolster Project Agreement).

Professional's role. You acknowledge and agree that Bolster's Milestone Payment process is dependent upon accurate and timely information being provided to Bolster by engaged professionals and Bolster shall have no liabilities whatsoever to you in connection with or pursuant to failures of the professionals to provide accurate and timely information.

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Fees

Bolster Commissions. Bolster charges all Bolster professionals a commission from every payment you make to them via the platform. This commission is payable in full by your professional and deducted from every payment made to them on your project, including on but not restricted to, bid services, design services, build services, milestone payments and change orders.

Financial Guarantee Fee. If you have elected to purchase the Bolster Financial guarantee on your project then you must pay the full premium to Bolster within fourteen days after the execution of your Project Contract between you and your contractor otherwise Bolster and your Contractor may withdraw or terminate the Project Contract. Upon the receipt of your premium for the Bolster Financial Guarantee Bolster will be responsible for remitting the bond premium for the Bolster Home Renovation Bond to the Surety Provider from your payment. If you or your Bolster professional submit a change order during your project and such change order is approved, then Bolster shall pay to surety any non-refundable incremental fee within three business days of receipt of payment for the change order from the owner.

Refunds. If you terminate the Project Contract in accordance with your three-day cancellation rights under state or federal law, or pursuant to the three-day upfront termination right permitted by the Project Contract, then you will be entitled to a full refund of applicable Bolster fees if already paid. Otherwise, there shall be no refunds of Bolster fees for any bid services, design services, build services, milestone payments or change orders.

AIA Contract Fee. If you elect to use an Authorized Contract Template (and any other associated documents) provided by the American Institute of Architects (AIA), you will be responsible for paying or reimbursing any associated fees to Bolster.

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Project Management

Commencement. You will ensure that no Work is started by your Contractor until (a) any upfront termination rights of Owner under the Project Contract or under state and federal law have expired or been waived, and (b) you have received a written confirmation of bonding by Bolster or the Bolster Surety if applicable.

Records. Bolster shall maintain all documents and files uploaded to the Website regarding a Project until at least the end of the associated twelve-month warranty period, after which Bolster may retain or delete such documents and files in its sole discretion.

Mechanic’s Liens. You acknowledge the risk of mechanic’s liens, and its right to withhold approval of payments for work or materials until receipt of mechanic’s liens waivers. You agree that it is solely your responsibility to obtain, with respect to a given payment request, valid lien releases covering the Work for which payment is requested, including valid lien releases from all subcontractors and materialmen providing services, deliverables or materials that are part of such Work.

Completion. You will ensure that substantial and final completion are promptly memorialized in accordance with the Project Contract.

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Indemnification

Indemnification. You shall, to the fullest extent permitted by law, indemnify, hold harmless and defend Bolster, and any of its officers, directors, employees, representatives, agents or customers, from and against any and all liabilities, losses, damages, costs and expenses (including attorneys’ fees and expenses) based upon or in connection with any action or claim by a third party arising out of (a) any actual or alleged breach by you of your representations, warranties and covenants contained in these terms or the Project Contract, (b) any negligent acts or omissions, or willful misconduct, of you, (c) any violation of law or infringement of the rights of others by you, (d) any changes to Authorized Contract Templates requested by you or usage of any custom contract provided by you, or (e) any bodily injury, sickness, death or property damage or destruction in connection with the Project. You will solely conduct the defense of any such claim or action and all negotiations for its settlement or compromise; provided, however, that (i) no settlement or compromise shall be entered into or agreed to without Bolster’s prior approval and (ii) Bolster shall have the right to participate, at its own expense, in the defense and/or settlement of any such claim or action in order to protect its own interests.

No Warranties. THE SERVICES AND PRODUCTS PROVIDED BY BOLSTER TO YOU HEREUNDER, ALL INFORMATION (INCLUDING BLOGS, RECOMMENDATIONS, ADVICE AND SAMPLE DOCUMENTS) ON THE WEBSITE, AND ALL TEMPLATES (INCLUDING ANY AUTHORIZED CONTRACT TEMPLATES) ARE PROVIDED “AS IS,” AND BOLSTER DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE) WITH RESPECT TO THEM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT SHALL BOLSTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS. REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge and agree that Bolster shall have no responsibility, obligation, or liability for the failure or refusal of your Architect or Contractor to meet their contractual obligations to you or Bolster, or if the Project Contract (whether in whole or in part) is determined by a court of law to be invalid, unenforceable or not in compliance with applicable law.

Certain Jurisdictions. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

AIA Disclaimer. You acknowledge and agree that (a) the American Institute of Architects (AIA) and Bolster are not legal partners, (b) the Bolster Home Renovation Bond and the services and products offered on the Bolster website are offered solely by Bolster, and are not offered or provided by the AIA in any way, and (c) the AIA shall bear no liability or responsibility whatsoever for the Bolster Home Renovation Bond and the services and products offered on the Website.

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Term and Termination

Term. These terms of service will commence on the date you sign up on our website and will continue thereafter for a period of twelve months following the date of substantial completion of your Project unless earlier terminated (the “Term”).

Termination for Breach. If there is a material breach of the terms (or any other agreement between the parties, including the Website Terms of Use) by a party, the other party may (reserving cumulatively all other remedies and rights under these terms and in law and in equity) terminate these terms by giving 30 days notice; provided, however, that such termination shall not be effective if the breach specified in such notice has been cured prior to the expiration of such 30 days.

Termination for Cancellation of Project. If the Design Contractor or Project Contract is terminated by you or yur professional, Bolster may terminate these terms of service upon written notice to you.

Effect of Termination. You acknowledge and agree that any termination of these terms of service will automatically cancel, nullify and void coverage of the Project Contract and Project by the Bolster Home Renovation Bond. Any provision herein which, either by its terms or to give effect to its meaning, must survive, including Article 1, Article 7, Article 9, and this Article 8, shall survive the expiration or termination of these terms.

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General

Miscellaneous. You may not assign, transfer, convey or subcontract these terms or any rights or obligations hereunder, to any other party without Bolster’s prior consent and any attempt to do so shall be void ab initio. For the avoidance of doubt, Bolster shall have the right to assign, transfer, convey or subcontract these terms or any rights or obligations hereunder, without your consent. These terms of service shall be binding upon, and enforceable by, and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. The parties agree to the governing law and venue as described below. No amendment, modification, waiver or discharge of any provision of these terms shall be valid unless made in writing and signed by the party against whom enforcement is sought. No failure or delay by either party to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power, unless made in writing and signed by such party. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions shall be unimpaired and remain in full force and effect. The parties agree that the Surety Provider shall be a third party beneficiary of this Agreement. Whenever examples are used in this Agreement with the words “including,” “for example,” “e.g.,” “such as,” “etc. “ or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof.

Notices. All notices and other communications hereunder shall be by email or in writing and delivered personally, mailed via certified mail or a nationally recognized overnight courier, to (a) if to your email address or the project address, or (b) if to Bolster, to "legal at bolster dot us" or to Bolster Corporation, Attention: Legal Department, 119 West 24th Street, #5016, New York, NY, 10011. All notices shall be deemed given on the date sent, received, personally delivered or when placed in the mail as specified.

Entire Agreement. These terms and the Privacy Policy collectively constitute the entire agreement between you and Bolster and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral, with respect to the subject matter hereof.

Governing Law; Venue. These terms and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by the substantive law of the State of New York applicable to contracts wholly made and to be performed within the State of New York. Each party irrevocably submits to the sole and exclusive jurisdiction of the courts of New York State and the federal courts of the Southern District of New York, situated in the City, County and State of New York. Each party irrevocably consents to the exercise of personal jurisdiction over each of the parties by such courts and waives any right to plead, claim or allege that New York is an inconvenient forum.

Advertising. Bolster reserves the right to photograph and publish the Project. Anonymity will be respected as requested.

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    Professionals

     

    Last revised and effective as of: February 12, 2017

    Contractual Relationship

    These Terms of Service ("Terms") govern your access or use, from within the United States and its territories and possessions, of the applications, websites, content, products, and services made available in the United States and its territories and possessions by Bolster Corporation.

    By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you and any other contractual relationship you enter in to with a Bolster User. Bolster may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. 

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    Working with Bolster

    You acknowledge and agree to follow Bolster's methodology as described in Bolster's applications, websites, content, products, and services to deliver home renovation projects.

    Diligence. You acknowledge that an accredited surety provider may conduct diligence regarding your business (in such surety’s sole discretion) in connection with issuing the Bolster Home Renovation Bond on a renovation project you are carrying out with Bolster.

    You also acknowledge and agree that (i) Bolster is responsible for diligence of you, (ii) the surety provider has not conducted (and is not responsible for) any diligence on you other than explained above (iii) Bolster and the surety provider are entitled to rely on any information provided by you as comprehensive, correct and current, and (iv) any additional diligence, including for example any diligence recommended by the applicable governmental contractor licensing agency, is the Owner's responsibility.

    You acknowledge that you are an independent contractor and not an employee of Bolster. Bolster is however responsible for ensuring your licenses and insurance are valid and current.

    Rates. You agree with Bolster to charge your services to Bolster Owners at your standard market rates and pay success fees to Bolster from payments made by Owners to Bolster. While Bolster reviews your rates, you acknowledge and agree that Bolster is not held responsible for setting your rates.

    Collaboration. You acknowledge and agree to work alongside other Bolster Professionals to deliver home renovation projects through the Bolster platform and share information, where required, with other Bolster professionals such that all parties can achieve their respective objectives as described by Bolster. Information may include, but is not restricted to, construction cost information, design information and instruments of design, construction methods and value-engineering concepts.

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    Contracts

    Use of Authorized Contract Templates Only. You agree to use only Authorized Templates for proposals and bidding and that it is the your (and not Bolster’s) responsibility to confirm each proposal includes satisfactory terms including (a) a comprehensive and detailed scope of work, (b) an overall fixed price with specific and detailed pricing for materials and labor tasks, (c) clear responsibility for purchase of materials, (d) specific amounts and timing for advances and payments, and (e) a clear schedule for work completion milestones. 

    You agree that the Design or Build Contract you use with a Bolster owner is based exactly on an Authorized Contract Template as provided by Bolster, and that no modification to, amendment of, or deviation from an Authorized Contract Template (except to accurately complete factual fields in the template) will be made unless expressly authorized in writing by the Bolster or Bolster's Surety Provider where applicable. You represent that you have had the opportunity to consult with an attorney for review and advice regarding the applicable Authorized Template, the completed Design Contract, Build Contract, and these terms.

    Fixed Price Only. You shall ensure that the Design or Project Contract specifies a single, comprehensive fixed Price for the Project.

    Cancellation Rights. You acknowledges that the Owner has certain upfront rights to terminate the Design or Build Contract including under state and federal laws.

    Compliance. You agree to comply with all of your responsibilities and obligations under the Design or Build Contract, including the deliver of all Bolster Projects in accordance with “Bolster’s Renovation Quality Standards 2015”

    No Assignment. You may not assign the Design or Build Contract without the prior written consent of Bolster and the Surety Provider where applicable. 

    Residential Remodeling Projects Only. You represent that the Project is residential remodeling or residential custom home construction, and acknowledge that no commercial construction is permitted hereunder or under the Bolster Home Renovation Bond.

    Authorized Contract Templates mean one of the following:

    • The Bolster Design Agreement
    • AIA Document B105 – 2007 ("Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project"), together with the applicable Bolster rider, as purchased by you through the Platform.
    • The Bolster Build Agreement with Financial Guarantee Rider
    • The Bolster Build Agreement
    • Form of home renovation estimate and contract, together with the applicable Bolster rider, as provided by Bolster and obtained by you through the platform.
    • AIA Document A105-2007 (“Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project”), together with the applicable Bolster rider, as purchased by you through the Platform. Note that AIA A105-2007 and the applicable Bolster rider may be used only if a licensed architect has been retained by Owner using AIA Document B105-2007 (“Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project”).

    Learn more about Bolster's Contractual Framework here

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    Bolster Financial Guarantee

    General Contractors Only

    Surety Provider. The Contractor acknowledges and agrees that (a) the Bolster Home Renovation Bond covering a Project is underwritten and provided by a third party Surety Provider, not Bolster, (b) all rights and remedies of Owner pursuant to such bond are solely provided by (and are solely the liabilities of) the Surety Provider, not Bolster, and (c) Bolster shall have no liabilities whatsoever to the Contractor or Owner in connection with or pursuant to such bond, except as may be expressly provided in these terms or Rider accompanying an approved Project Contract.

    Surety Diligence. The Contractor shall cooperate with the Surety Provider and promptly provide any requested or required documentation. The Contractor acknowledges that the Surety Provider may in its sole discretion (a) decline to approve or issue a Bolster Home Renovation Bond to the Contractor, (b) decline to apply the Bolster Home Renovation Bond to the contemplated project, (c) cancel the Bolster Home Renovation Bond at any time (except with respect to projects that have already commenced under coverage), and/or (d) require the Contractor to reapply for a previously approved Bolster Home Renovation Bond.

    New Bond. If the Contractor is not yet covered by a Bolster Home Renovation Bond, Bolster shall cause a Surety Provider to issue a Bolster Home Renovation Bond covering the Project Contract, with a penal sum equal to the Contract Price, provided that (a) all Project fees have been paid by Owner to Bolster, (b) Surety Provider approves the Contractor, (c) the Contractor has provided all requested or required documentation to the Surety Provider, including a signed bond form and a signed general indemnity agreement, and (d) the Project Contract signed by the Contractor and Owner has been uploaded to the Website. The Contractor represents that Contractor has had the opportunity to consult with an attorney for review and advice regarding the Bolster Home Renovation Bond, a simple of which is available on the Website. Bolster shall be responsible for any premium payments to Surety Provider for such bond coverage.

    Existing Bond. If the Contractor is already covered by a Bolster Home Renovation Bond, Bolster shall cause the Surety Provider to apply the bond to the new Project Contract, and to increase the penal sum as necessary to cover the Contract Price in addition to any other covered projects or warranties then in progress, provided that (a) all Project fees have been paid by Owner to Bolster, (b) the Project Contract is signed by the Contractor and the Owner before the twelve month anniversary of the issue (or renewal) date of the Bolster Home Renovation Bond, and (c) the Project Contract signed by the Contractor and the Owner has been uploaded to the Website. Bolster shall be responsible for any premium payments to Surety Provider for such bond coverage.

    Bolster as Obligee. The Contractor acknowledges and agrees that (a) Bolster is the obligee for the benefit of the Owner under the Bolster Home Renovation Bond, (b) Bolster as obligee is operating solely in a purely ministerial capacity to enable such bond to apply to multiple owners and projects, and (c) Bolster is not a fiduciary to the Contractor in any capacity and shall have no implied or inferred duties, responsibilities or obligations. Bolster shall have no responsibilities and obligations to the Contractor as obligee under the bond.

    Bond Compliance. The Contractor shall make no act or omission that prejudices or impairs the Owner’s rights under the Bolster Home Renovation Bond.

    Bond Remediation. The Contractor acknowledges that if the Owner desires to seek remedy under the Bolster Home Renovation Bond, then the Owner would directly file a claim with the Surety Provider in compliance with such surety’s claims submission and management process. The Contractor further acknowledges that, if Surety Provider determines the Bolster Home Renovation Bond is triggered with respect to the Project, then Surety Provider in its sole discretion may elect whether to (a) have the Contractor continue and complete the Project, (b) replace the Contractor with an alternative contractor to complete the Project, or (c) provide a lump-sum payment to enable the Owner to retain an alternative contractor to complete the Project.

    Change Orders. You acknowledge and agree that change orders under the Project Contract are not covered by the Bolster Home Renovation Bond unless (a) a change order is submitted to and approved by the Surety Provider via the Website, and (b) the Owner pays to Bolster the additional incremental fee associated with such change order by the applicable deadline.

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    Payments

    Professional's role. You acknowledge and agree that Bolster's Payment Process is dependent upon accurate and timely information being provided to Bolster by you and the Owner and Bolster shall have no liabilities whatsoever to you in connection with or pursuant to your failure to provide accurate and timely information.

    Bolster’s role. You acknowledge and agree that Bolster is authorized to collect, hold and disburse project funds on Bolster projects and that Bolster’s sole responsibilities and obligations to you in this respect shall be to:

    • Accurately invoice Owners;
    • Collect Owner's funds;
    • Confirm to all relevant parties that project funds have been received by Bolster;
    • Pay Bolster's commission from said funds at the prevailing and agreed-upon commission rate;
    • Release funds to you, minus any applicable retention or charges, in a timely and accurate manner upon your meeting of the conditions of the Project's payment schedule or schedules.

    While Bolster provides you and Owners with a payment schedule guideline, you acknowledge and agree that you, and not Bolster, are responsible for calculating the payment schedule for work on all of your Bolster projects.

    Change Orders. You acknowledge and agree that all change order's on all Bolster projects are to be actioned, approved, paid for and processed through the Bolster Platform and that any change order carried out by you or an owner you are servicing outside of the Bolster Platform is invalid and Bolster will have no responsibility whatsoever for any consequences of this change order.

    Payment Method: Bolster will release approved project funds to you by bank transfer to the bank details you provide through the platform.

    Indemnification. Upon receipt of an Owner's funds for a milestone payment through the Bolster platform, you will automatically consider yourself conditionally paid for that amount and release the Owner from any liability associated with non payment of that exact amount and agree to deliver the next milestone of the Owner's project.

    Escrow. You acknowledge and agree that project funds may be placed into an escrow account as specified by Bolster and have the escrow agent disburse funds to you as per the terms of the escrow agreement.

    Retention. You agree and acknowledge that on every milestone payment made to Bolster during the construction phase of a Bolster project, 5% retention is withheld from you until the project is completed and only released to you upon a Bolster Final Completion Form being signed by you.

    Liens. You acknowledge and agree to pay all subcontractors and suppliers in a timely manner, and shall upon request take full responsibility for furnishing Owners with valid conditional lien releases covering the work or materials for which payment from you has been requested, including conditional lien releases from all applicable subcontractors and suppliers. You also agree to provide final mechanic’s lien releases from yourself and from all of your subcontractors and suppliers upon final completion of the Project and receipt of all payments. Bolster will in turn ensure these documents are delivered alongside payment requests in a timely manner to the Owner.

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    Fees & Pricing

    Bolster Commissions. Bolster charges all Bolster professionals a commission from every payment you make to them via the platform. This commission is payable in full by your professional and deducted from every payment made to them on your project, including on but not restricted to, bid services, design services, build services, milestone payments and change orders.

    Rates. You agree and acknowledge the following fee structure applies to all Bolster projects that you carry out through the Bolster platform:

    • All Services Billed by the Hour. 12% Commission on every hour of service collected. For example, if you charge an Owner $200.00 per hour for budget planning services and bill for 5 hours, Bolster will invoice and collect from the Owner $1,000.00 and retain $120.00 ($1,000.00 * 12%) in commissions and payout $1,880.00 ($2,000.00 - $120.00) to you.
    • Design Services. As per "Services Billed by the Hour" above.
    • Design Change Orders. As per "Services Billed by the Hour" above.
    • Expenses. As per "Services Billed by the Hour" above.
    • Design Sketches. 50% Commission on every set of sketches collected. For example, if you charge an Owner $2,000 for a set of sketches, Bolster will invoice and collect from the Owner $2,000.00 and retain $1,000.00 ($2,000.00 * 50%) in commissions and payout $1,000.00 ($2,000.00 - $1,000.00) to you.
    • Build Bidding Services. 50% Commission on every bid fee collected. For example, if you charge an Owner $1,000.00 for a Bolster Bid, Bolster will invoice and collect from the Owner $1,000.00 and retain $500.00 ($1,000.00 * 50%) in commissions and payout $500.00 ($1,000.00 - $500.00) to you.
    • Build Services. 6% Commission on every build-related advance, milestone and change order payment collected. For example, if you charge an Owner $20,000 for demolition, Bolster will invoice and collect from the Owner $20,000.00 and retain $1,200.00 ($20,000.00 * 6%) in commissions and payout $18,800.00 ($20,000.00 - $1,200.00) to you. 
    • Build Change Orders. As per "Build Services" above.

    Rounding Off. Bolster may, in its sole discretion, round up or round down amounts that are payable to you to the nearest whole functional base unit. For example, Bolster will round up an amount of $202.50 to $203.00, and $202.49 to $202.00.

    Financial Guarantee Fee. If an Owner has elected to purchase the Bolster Financial guarantee on a project you are working on then they must pay the full premium to Bolster within fourteen days after the execution of your Project Contract otherwise Bolster and you may withdraw or terminate the Project Contract. Upon the receipt of the premium for the Bolster Financial Guarantee Bolster will be responsible for remitting the bond premium for the Bolster Home Renovation Bond to the Surety Provider from the payment. If you or the Owner submit a change order during a project and such change order is approved, then Bolster shall pay to surety any non-refundable incremental fee within three business days of receipt of payment for the change order from the owner.

    Refunds. You agree and acknowledge that if an Owner terminates a Design Contract or Build Contract in accordance with their three-day cancellation rights under state or federal law, or pursuant to the three-day upfront termination right permitted by the Design Contract and Build Contract, then they will be entitled to a full refund of all applicable fees already paid including those billed by you and collected by Bolster and any Bolster fees. Otherwise, there shall be no refunds of Bolster fees for any bid services, design services, build services, milestone payments or change orders.

    AIA Contract Fee. If you elect to use an Authorized Contract Template (and any other associated documents) provided by the American Institute of Architects (AIA), the owner will be responsible for paying or reimbursing any associated fees to Bolster.

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    Project Management

    Commencement. You agree not to commence any Work until (a) any upfront termination rights of the Owner under the Project Contract and state and federal law have expired or been waived, and (b) you have received a written confirmation of bonding by Bolster or the Surety Provider if the Bolster Home Renovation Bond is applicable.

    Records. Bolster shall maintain all documents and files uploaded to the platform regarding a Project until at least the end of the associated twelve-month warranty period, after which Bolster may retain or delete such documents and files in its sole discretion.

    Quality Standards. You agree to deliver the Owner’s Project in accordance with “Bolster’s Renovation Quality Standards 2015”, a copy of which is available upon request and can be found on the website.

    Completion. You agree to ensure that substantial and final completion are promptly memorialized in accordance with the Project Contract.

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    Indemnification

    Indemnification. You shall, to the fullest extent permitted by law, indemnify, hold harmless and defend Bolster, and any of its officers, directors, employees, representatives, agents or customers, from and against any and all liabilities, losses, damages, costs and expenses (including attorneys’ fees and expenses) based upon or in connection with any action or claim by a third party arising out of (a) any actual or alleged breach by you of your representations, warranties and covenants contained in these terms or the Project Contract, (b) any negligent acts or omissions, or willful misconduct, of you, (c) any violation of law or infringement of the rights of others by you, (d) any changes to Authorized Contract Templates requested by you or usage of any custom contract provided by you, or (e) any bodily injury, sickness, death or property damage or destruction in connection with the Project. You will solely conduct the defense of any such claim or action and all negotiations for its settlement or compromise; provided, however, that (i) no settlement or compromise shall be entered into or agreed to without Bolster’s prior approval and (ii) Bolster shall have the right to participate, at its own expense, in the defense and/or settlement of any such claim or action in order to protect its own interests.

    No Warranties. THE SERVICES AND PRODUCTS PROVIDED BY BOLSTER TO YOU HEREUNDER, ALL INFORMATION (INCLUDING BLOGS, RECOMMENDATIONS, ADVICE AND SAMPLE DOCUMENTS) ON THE WEBSITE, AND ALL TEMPLATES (INCLUDING ANY AUTHORIZED CONTRACT TEMPLATES) ARE PROVIDED “AS IS,” AND BOLSTER DISCLAIMS ALL WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE) WITH RESPECT TO THEM, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

    Limitation of Liability. IN NO EVENT SHALL BOLSTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN ANY MANNER IN CONNECTION WITH OR ARISING OUT OF THESE TERMS. REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You acknowledge and agree that Bolster shall have no responsibility, obligation, or liability for the failure or refusal of your Architect or Contractor to meet their contractual obligations to you or Bolster, or if the Project Contract (whether in whole or in part) is determined by a court of law to be invalid, unenforceable or not in compliance with applicable law.

    Certain Jurisdictions. CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.

    No Legal Advice. All information (including blogs, recommendations, advice and sample documents) is provided for informational and educational purposes only. No legal advice is being given, and no attorney-client relationship is created by use of such information or any contract templates.

    AIA Disclaimer. You acknowledge and agree that (a) the American Institute of Architects (AIA) and Bolster are not legal partners, (b) the Bolster Home Renovation Bond and the services and products offered on the Bolster website are offered solely by Bolster, and are not offered or provided by the AIA in any way, and (c) the AIA shall bear no liability or responsibility whatsoever for the Bolster Home Renovation Bond and the services and products offered on the Website.

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    Term and Termination

    Term. These terms of service will commence on the date you sign up on our website and will continue thereafter for a period of twelve months following the date of substantial completion of your last Project unless earlier terminated (the “Term”).

    Termination for Breach. If there is a material breach of the terms (or any other agreement between the parties, including the Website Terms of Use) by a party, the other party may (reserving cumulatively all other remedies and rights under these terms and in law and in equity) terminate these terms by giving 30 days notice; provided, however, that such termination shall not be effective if the breach specified in such notice has been cured prior to the expiration of such 30 days.

    Termination for Cancellation of Project. If the Design Contractor or Project Contract is terminated by you or yur professional, Bolster may terminate these terms of service upon written notice to you.

    Effect of Termination. You acknowledge and agree that any termination of these terms of service will automatically cancel, nullify and void coverage of the Project Contract and Project by the Bolster Home Renovation Bond. 

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    General

    Miscellaneous. You may not assign, transfer, convey or subcontract these terms or any rights or obligations hereunder, to any other party without Bolster’s prior consent and any attempt to do so shall be void ab initio. For the avoidance of doubt, Bolster shall have the right to assign, transfer, convey or subcontract these terms or any rights or obligations hereunder, without your consent. These terms of service shall be binding upon, and enforceable by, and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. The parties agree to the governing law and venue as described below. No amendment, modification, waiver or discharge of any provision of these terms shall be valid unless made in writing and signed by the party against whom enforcement is sought. No failure or delay by either party to exercise any right or enforce any obligation shall impair or be construed as a waiver or ongoing waiver of that or any or other right or power, unless made in writing and signed by such party. If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining provisions shall be unimpaired and remain in full force and effect. The parties agree that the Surety Provider shall be a third party beneficiary of this Agreement. Whenever examples are used in this Agreement with the words “including,” “for example,” “e.g.,” “such as,” “etc. “ or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof.

    Notices. All notices and other communications hereunder shall be by email or in writing and delivered personally, mailed via certified mail or a nationally recognized overnight courier, to (a) if to your email address or the project address, or (b) if to Bolster, to "legal at bolster dot us" or to Bolster Corporation, Attention: Legal Department, 119 West 24th Street, #5016, New York, NY, 10011. All notices shall be deemed given on the date sent, received, personally delivered or when placed in the mail as specified.

    Entire Agreement. These terms and the Privacy Policy collectively constitute the entire agreement between you and Bolster and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral, with respect to the subject matter hereof.

    Governing Law; Venue. These terms and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by the substantive law of the State of New York applicable to contracts wholly made and to be performed within the State of New York. Each party irrevocably submits to the sole and exclusive jurisdiction of the courts of New York State and the federal courts of the Southern District of New York, situated in the City, County and State of New York. Each party irrevocably consents to the exercise of personal jurisdiction over each of the parties by such courts and waives any right to plead, claim or allege that New York is an inconvenient forum.

    Advertising. Bolster reserves the right to photograph and publish the product of your work or services. Anonymity will be respected as requested.

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    Glossary

     

    Last revised and effective as of: February 12, 2017

     

    • Authorized Contract Templates has the meaning set forth in Agreements sections
    • Bolster Architect means the a Bolster-Qualified architect engaged by Bolster to service the project for the Owner
    • Contractor or Bolster Contractor means the contractor specified in the Project Contract.
    • Bolster Home Renovation Bond means a Bolster-approved performance, payment and warranty surety bond issued by a Surety Provider (a) naming Contractor as principal, (b) specifying a penal sum equal to or in excess of the Contract Price, and (c) covering the renovation work governed by the Project Contract.
    • Contract Price means the total fixed-price construction cost of the Project as specified in the Project Contract.
    • Design Agreement means the Bolster-provided design contract between Owner and Architect.
    • Bolster's Milestone Payment Process is a proprietary process invented by Bolster to de-risk a renovation project before and during its administration by managing the billing, payment and reporting of payments on your renovation project..
    • Platform means all of the applications, websites, content, products, and services made available in the United States and its territories and possessions by Bolster Corporation for your use in renovating your home wth Bolster Professionals.
    • Cost Estimate is a proprietary algorithm invented by Bolster to provide a statistically accurate estimate of the probable costs of a renovation project.
    • Project means the project to be completed under the Project Contract.
    • Project Contract or Build Contract means the Bolster-provided renovation contract between Owner and Contractor (eligible to be) covered by the Bolster Home Renovation Bond.
    • Specialist means the Bolster employee responsible for administering the Owner’s renovation project according to the Bolster Methodology.
    • Surety Provider means a Bolster-approved surety bond provider.
    • Risk Report is a proprietary algorithm invented by Bolster to calculate a homeowner’s financial exposure to contractor-performance risks according to the information provided within their contractor’s bids.
    • Website means the Bolster website, currently accessible at www.bolster.us through which Owners and Professionals can access information relating to home renovation and Bolster.
    • Work means any work performed or to be performed by Contractor under the Project Contract.

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