Definitions
There are different users on Hummingbook. Check out the beginning of our privacy policy to see these definitions.
Humans
You must be a human above the age of 13 to use Hummingbook. Bots not allowed.
Payments (Providers)
You, the provider, must stay current with your monthly payments to Hummingbook. If you do not, your account will be suspended and your service will not work until you correct your balance.
Payments (Clients)
Some of our providers will collect payments, either partial or in full, from you [the client] via Hummingbook. While Hummingbook facilitates these transactions, Hummingbook is not responsible for any disputes, financial or otherwise, that may arise between you (the client) and your provider. Hummingbook assumes no liability whatsoever. We simply provide a means for clients to book with and pay providers. Your payment goes directly to the provider; it does not land in our account.
TL;DR: We don’t have your money, and thus cannot and will not offer refunds on behalf of your provider(s).
E.g. Say you, the client, book a haircut and pay a $50 deposit to hold your appointment. But you get a flat tire on the way to your appointment. You miss your appointment. Your provider decides not to refund your payment per their policy. You get upset. You call us demanding your money back. Sorry. But there is nothing we can do. We don’t have your money.
Bottom line: Any and all disputes (financially or otherwise) are between you [the client] and your provider.
Refunds (Providers)
We don’t typically offer refunds on your monthly Hummingbook subscription as Hummingbook is a pay-as-you-go, cancel-at-anytime service. But we always want to be fair with you. So… if you have special circumstances, drop us a line, and we’ll see what we can do.
If you accept payments from your clients via Hummingbook, we will not manually refund or charge clients on your behalf. You are responsible for charging and/or refunding your own clients. (This is also stated in our Payments agreement in your account. See item 3.)
Stripe and Hummingbook transaction fees are not refundable.
Refunds (Clients)
Each provider will have a different policy on when and if they will grant refunds. That is up to them, not us. Please don’t contact us seeking a refund. We don’t have your money. Your provider does. See the Payments (Clients) section above for more info.
Right to refuse service
We maintain the right to refuse service to anyone for any reason.
Performance
Typically Hummingbook is quite fast. However, the speed and performance of our web application will vary depending on many factors outside our control (ISPs, land hurricanes, server problems, etc). We shall not be held liable for such performance issues.
Warranty
This program is distributed in the hope that it will be useful and available, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
Liability
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.
Abandoned accounts
Your account may be deleted at anytime without warning if you cancel or stop using it (aka: you haven’t booked a client in over 60 days).
Release of copyright
Well written copy/text gets butts in seats. It persuades people to take action. Your account is likely built off the early adopters who released their copyright so you don’t have to sweat the details. By using Hummingbook, you are agreeing to release any text you provide for the betterment of the Hummingbook community. You or your brand name won’t be used without your consent.
Adapted from the Basecamp open-source policies / CC BY 4.0
Questions?
If you have any questions or concerns whatsoever, don’t hesitate to contact us.