Terms of Service
Effective date: December 30, 2024
This Terms of Service Agreement ("Agreement") is a legally binding agreement between Humanely, a sole proprietorship operating under the laws of Ontario ("Humanely"), and the client, whether acting individually or on behalf of an entity ("Client"). By engaging with Humanely's services or accessing the Humanely website at https://humanely.design (the "Website"), the Client agrees to these terms. If the Client does not agree, they must cease use of the Website and services immediately.
Overview of Services
Humanely offers two primary services:
Website Design/Dev Service: Includes the design and development of single-page or multi-page websites in Framer. Clients will receive a finished website tailored to their requirements.
Design Subscription: An on-going design service allowing clients to request design work one request at a time or two requests at a time, depending on the subscription tier.
Specific details regarding pricing, deliverables, and scope of each service are outlined on the Website and during the engagement process.
Intellectual Property Rights
All Website content, including source code, designs, and branding (collectively "Content"), is the exclusive property of Humanely unless stated otherwise. Unauthorized use of the Content is prohibited without written consent.
Ownership of project deliverables will be transferred to the Client upon payment, as detailed in Section 3.
Ownership of Materials
For both services:
The Client retains ownership of all designs and source files created specifically for them.
Humanely reserves the right to showcase work on its portfolio and promotional channels unless otherwise agreed (see Section 18).
Clients guarantee that materials provided for use in projects do not violate third-party rights.
Service-Specific Terms
Website Design/Dev Service
Payment: Full payment is required before work begins unless otherwise agreed in writing.
Timeline: Humanely will provide an estimated timeline for project completion. Delays caused by the Client, such as late feedback or missing materials, may impact delivery.
Revisions: Three rounds of revisions are included after initial design delivery.
Development: Websites are developed in Framer. Any third-party tools or integrations will require the Client to secure licenses or subscriptions.
Design Subscription
Request Process: Clients can submit one active design request (or two for higher tiers) at a time through a dedicated Trello/Asana board or via email and submit as many requests as needed to their queue.
Turnaround Time: Requests are typically delivered within 2-3 business days, Monday through Friday. Larger projects, such as multi-page websites, will be broken into smaller deliverables with agreed timelines.
Revisions: Revisions are treated as new requests. Minor revisions may be completed faster.
See section 25 for more in-depth detail on the request process.
See section 26 for more in-depth detail on the pause feature.
On-going Website Support
This service is exclusively for updates to existing Framer websites built by Humanely. It does not include new page designs or builds. Clients can submit one active request at a time through a dedicated Trello/Asana board or via email. Requests are typically delivered within 1-2 business days, Monday through Friday. Support requests must be clearly defined to avoid ambiguity or delays in service. Clients can pause or cancel their subscription anytime (see Section 26 for pause terms).
Fees and Payment
Humanely's pricing is transparent, with no hidden fees. Clients are responsible for:
Framer website plans or editor access if required.
Any third-party software licenses.
Payment terms and timelines are specified in the engagement agreement for each service.
Refund Policy
Due to the nature of design work, refunds are not offered once work begins. Humanely ensures client satisfaction by incorporating feedback throughout the process.
Communication and Calls
Website Design+Dev Service: Includes two scheduled calls—one before development and one at launch.
Website Design Only Service: Communication is asynchronous via Slack or email. Calls are not included.
Design Subscription: Communication is asynchronous via Slack or email. Calls are not included.
Intro calls are provided for all services to align on project goals.
Client Feedback and Revisions
The Client is responsible for providing timely and constructive feedback. Delays in feedback may affect timelines.
Third-Party Fonts and Tools
If third-party fonts or tools requiring licensing are used, the Client will be informed and responsible for acquiring licenses. Certain tools may require additional developer involvement.
Cancellation Policy
Website Design/Dev Service: Cancellation requests are subject to evaluation, and fees may apply based on the work completed.
Design Subscription: Clients can pause or cancel their subscription anytime. Paused subscriptions must resume within three months to retain unused days.
Oversite and Control
Humanely maintains the authority to oversee compliance with these Terms and to enact suitable legal responses to any infringements of these Terms or violation of relevant laws and regulations. Additionally, Humanely may at any time, according to its own judgment, limit or revoke the Client's access to the Website, or deactivate the Client’s usage capabilities, without prior notification or liability to the Client. The management and operational decisions regarding the Website fall exclusively under Humanely’s purview, aimed at safeguarding Humanely’s legal interests and assets.
Prohibited Activities
The Client is authorized to use the Website solely for its intended purposes. Commercial use not directly related to services provided by Humanely is prohibited. Additionally, the Client commits to abstaining from the following activities: Misusing the Website in any unauthorized manner; Extracting data or content to build or contribute to a database or directory without permission; Tampering with or undermining the Website's security features; Engaging in unauthorized framing or linking to the Website; Deceiving, defrauding, or misleading Humanely or its users; Overburdening, disrupting, or hindering the operation of the Website or Humanely's network infrastructure; Attempting to compete with Humanely using the Website's resources; Decoding, disassembling, or reverse engineering any software that is part of the Website; Circumventing measures implemented to limit access to the Website or any areas of it; Harassing, bothering, intimidating, or threatening any of Humanely's staff, contractors, or agents; Removing or altering copyright notices or other proprietary rights indicators from the Website's content; Copying or modifying the Website's software; Distributing viruses, Trojan horses, or any harmful code that could affect the Website's usability or any user's experience; Engaging in activities that facilitate unauthorized data collection or transmission; Acting in any way that damages Humanely's reputation; Utilizing the Website in any way that contravenes relevant laws, regulations, or statutes; Attempting to manipulate or misrepresent any deliverables provided by Humanely to mislead third parties or harm Humanely's reputation.
User Representations
Engaging with the Website, the Client affirms and guarantees that: they possess the legal authority to enter into this Agreement and will adhere to its stipulations; they have reached the age of majority within their place of residence; they will not navigate the Website using automated systems or any means other than human interaction; they will refrain from leveraging the Website for any purposes that are illegal or not explicitly authorized; and their activities on the Website will fully comply with all relevant laws and regulations.
Privacy Policy
By accessing and using the Website, the Client consents to comply with and be legally bound by our Privacy Policy, including all terms detailed within it, which are hereby integrated into this Agreement. The Website's servers are located in Canada, and accessing the Website from outside Canada—be it from the EU, Asia, or any other region—might subject the Client to different privacy laws than those in Canada, particularly concerning the collection, use, and disclosure of personal data. By continuing to use the Website and submitting data to it, the Client explicitly agrees to the transfer and processing of their data within Canada. Humanely is committed to protecting the privacy of young individuals and does not intentionally collect information from anyone under 18. Should Humanely discover that a child under 13 has provided personal data without parental consent, we will take steps to remove such information promptly and securely.
Changes and Amendments
Humanely holds the authority to adjust, modify, revise, eliminate, or otherwise change any aspect or content of the Website at any time according to its exclusive judgment. This includes the ability to partially or completely alter or cease the Website's operations without prior notification to the Client and without incurring any responsibility towards them.
Service Interruptions
Humanely cannot assure uninterrupted access to the Website at all times. Interruptions, delays, or errors due to hardware, software, or external factors may occur, which are beyond the control of Humanely. The Client acknowledges that Humanely will not be held responsible for any losses, damages, or inconveniences suffered by the Client due to such disruptions in service or access to the Website.
Showcasing Design Work
Humanely may showcase completed projects on its portfolio and social channels unless restricted by an NDA.
Jurisdiction and Applicable Law
The interpretation and enforcement of these Terms of Use will be governed by the laws of Ontario, Canada, excluding its conflict of law rules.
Dispute Resolution
Any legal action or proceeding arising under these Terms of Use shall be brought exclusively in the courts of Ontario, Canada, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. The parties agree to waive any objections to such jurisdiction and venue, including those based on the grounds of forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms of Use.
Disclaimer
The Website is made available to the Client "as is" and on an "as available" basis. The Client acknowledges that their use of the Website and its services is solely at their own risk. Humanely explicitly disclaims all warranties, whether express or implied, related to the Website and its use. This includes but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Humanely does not guarantee the completeness or accuracy of the Website's content or that of any linked sites. We are not liable for any errors or inaccuracies in content, any harm or damage to property that may occur from your use of the site, unauthorized access to our servers, loss or damage of data, interruptions in service, or the presence of harmful components transmitted through our Website by third parties. Additionally, Humanely does not endorse, verify, or assume responsibility for any products or services advertised or offered by third parties through the Website, any linked sites, or any advertisements featured.
Limitations of Liability and Indemnification
Humanely, including its leadership, staff, contractors, and representatives, will not be held responsible for any form of damages or losses, whether direct, indirect, incidental, punitive, or consequential, that may arise from the Client's engagement with the Website. This encompasses, but is not limited to, loss of profits, revenue, data, or any legal expenses incurred due to the use of the Website. Humanely shall not be held liable for any interruptions, malfunctions, or losses arising from external dependencies, including but not limited to Framer outages, third-party tool failures, or software limitations. The Client acknowledges that these are beyond Humanely’s control, and any issues with third-party services must be addressed directly with the respective providers. The Client commits to defend, indemnify, and absolve Humanely, along with its related entities and all associated individuals, from any liabilities, losses, claims, or demands, including legal fees, that any third party may bring about as a result of the Client's actions on the Website, any violation of these Terms, any misrepresentation made by the Client, or the Client's infringement of another's rights. Should Humanely opt to take over the defense of a claim you are required to indemnify against, you must provide all necessary cooperation as requested by Humanely, and Humanely may do so at your cost.
User Data
The Client bears full responsibility for the management and integrity of any data they input or generate in the course of using the Website. Humanely is absolved of any liability for the loss, damage, or corruption of the Client's data. By accepting these terms, the Client relinquishes any claims against Humanely related to data loss or corruption encountered during the use of the Website. In the event Humanely ceases operations, the Client will retain access to all deliverables previously provided, including design files and any relevant project data. Humanely commits to ensuring that all final deliverables are handed over to the Client in an accessible format prior to the cessation of services. However, Humanely is not responsible for storing Client data indefinitely and advises the Client to maintain their own backups of all received files and documentation.
Electronic Communications, Transactions, and Signatures
The Client consents to engage in electronic communication with Humanely. This agreement affirms that all forms of electronic messages, including emails and communications made via the Website, fulfill any legal obligations for written documentation. Furthermore, the Client accepts the validity of electronic signatures, digital contracts, and electronic records for orders and transactions processed by or with Humanely. This consent extends to the electronic delivery of notices, policies, and transaction records, effectively waiving any legal demand for paper-based documents, original signatures, or non-electronic methods of record-keeping and transaction processing as might be stipulated by laws across various jurisdictions.
Design Requests
After subscribing to Humanely, you'll gain access to your dedicated Trello design board. Here, you're able to place one active design request in your "Active request" column and as many requests as you’d like in your "Queue" column. Expect to receive your active design request within 2-3 business days, Monday through Friday. Upon receiving the design, you have the option to approve or request a revision. Note that a revision counts as a new request and will be delivered within the same 2-3 business day timeframe. For minor revisions, the turnaround may be quicker. Approval of a design request triggers the commencement of the next request in your queue. It's important to manage your queue actively; Humanely waits for your queue to be populated with new requests after completing your current request. For extensive requests, like a website encompassing several pages, each page, depending on the content required, is considered an individual request. Delivery follows the 2-3 business day rule per page. You will be provided a breakdown for larger scope requests over slack for clarity and planning.
Pause Feature
Humanely recognizes that your design needs may fluctuate each month. To accommodate this variability, we offer a flexible option to pause your subscription. If you run out of design work for Humanely, pausing your subscription allows you to retain the remaining days in your billing cycle until you have more design work for us. For example, if you used Humanely for 10 days and decide to pause—we'll freeze your billing cycle and you'll retain the remaining 20 days when you're ready to resume. To pause your subscription, send a message to Humanely over Slack requesting to pause your subscription and your subscription will be paused as soon as possible.
It's important to note that the ability to resume your subscription extends up to 3 months following its pause. Failing to resume within this period will result in the forfeiture of any remaining days, and your subscription being cancelled. Reactivation after this period necessitates a new full subscription payment, initiating a new billing cycle without carrying over any previously unused days.
Reduced Service Availability Periods
Humanely reserves the right to schedule periods of reduced service availability for maintenance, travel, professional development, or other operational needs. Clients will be notified at least one month in advance of any planned periods of reduced service availability. During these periods, response times and design turnarounds will be delayed. Humanely will make every effort to ensure that any active design requests submitted at least two days prior to a reduced service availability period are delivered to the client. Requests submitted any later may experience delayed delivery or be completed after the reduced service availability period. Clients are encouraged to plan their design requests and project timelines with these periods in mind to ensure seamless progress. For Website Design/Dev projects, Clients will be notified at least one month in advance of any planned periods of reduced service availability and timelines will be planned accordingly.
Miscellaneous
This document, along with any additional policies referenced by or available on the Website, encapsulates the full and complete agreement between the Client and Humanely. The inability of Humanely to exercise any right or enforce any clause within these Terms does not imply a waiver of such rights or clauses. Should any section or portion of these Terms be deemed invalid, illegal, or unenforceable, it will be excluded from the agreement without affecting the enforceability of the remaining sections. Furthermore, nothing contained within these Terms, the accompanying Privacy Policy, or any part of the Website is intended to create or imply any partnership, joint venture, employer-employee, or agency relationship between the Client and Humanely. This agreement supersedes all prior agreements, representations, or discussions between the parties unless expressly stated otherwise in writing
Contact Information
For inquiries, please contact hello@humanely.design. Humanely aims to respond to inquiries within 24 hours.