Terms And Conditions
You are invited to contact ADA Website Services regarding any topic by filling out the contact form on the Website.
- Definitions. The following terms shall have the meanings ascribed alongside them unless explicitly stated otherwise:
- “ADA Website Services” means the web-accessibility services and any additional services or products the company will provide under the ADA Website Services brand including the Website.
- “User” means a user of the website or service, directly or indirectly, through digital link or otherwise.
- “Claims Support Services” means any support services the Company may offer – at its sole discretion – in support of a Licensee’s efforts to defend against a third party claim relating to a Licensee Website (as defined below) not being accessible after implementing ADA Website Services.
- “Licensee” means whoever purchases a License for the Services, whether (i) for the purpose of the Licensee’s personal use of ADA Website Services; (ii) for another person or entity using ADA Website Services on the Licensee behalf (if permitted by the Company in writing); (iii) for enabling the Licensee’s clients to access and use ADA Website Services on the Website in order to receive the Services (if permitted by the Company in writing); or (iv)a User, as applicable.
- “Standard” means WCAG 2.1 level AA success criteria.
- “Partner” means any third party that refers Licensees to the Company, directly or indirectly, through digital link or otherwise.
- “Services” means the website accessibility services provided by the Company through ADA Website Services, as well as any Claims Support Services.
- “Website” means ADA Website Services website at https://adawebsiteservices.com
Use Of ADA Website Services
- When using ADA Website Services or receiving the Services, you may not impersonate a different person or business organization;
- You may not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to impact upon or derive source code (or the underlying ideas, algorithms, structure or organization);
- You may not breach or impair, in any manner, any intellectual property rights existing in ADA Website Services, including without limitation, copyrights, patents, trademarks, or any other proprietary rights, whether belonging to the Company or any third party;
- You may not use the website or service in any manner that could damage, disable, overburden or impair System’s reporting services; and
- ADA Website Services and the Services are provided “as is,” and are only intended to be used by the Licensee on the website for which Licensee has obtained a License (each such website, a “Licensee Website”). For the avoidance of doubt, the Licensee is not permitted to transfer and/or sell its License to any other third party.
Sale, Purchase, & Termination Policy
- Upon purchasing a License, the Licensee agrees and confirms that it is engaging in a “Software as a Service” agreement (“SaaS”), whereby it purchases a License for ADA Website Services in order to embed the end-user interface (i.e., plug-in) of the system into a specific website, with ADA Website Services installed and operated from the Company’s hosting service. The Licensee is not purchasing ADA Website Services or any part thereof, including without limitation, the code, and/or supporting files and/or databases and/or any other component of the software that, either jointly or severally, comprise ADA Website Services. For the avoidance of doubt, it is clarified that after the script has been embedded, no further use of the script and/or the License may be made for any other domain name or any other website operated by the Licensee other than the Licensee Website. The Licensee will be required to purchase a new dedicated License from the Company for any other website.
- ADA Website Services are only compatible for use by users on the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Internet Explorer 11, Android 8, and iOS10. The functionality of ADA Website Services requires that the Licensee Website in which they are embedded be websites based solely on HTML files and tags and that the source code be written according to the Standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections; please note that Licensee changes to such website may impact the functionality of the Service. By way of example, ADA Website Services do not support other components, such as Canvas, Flash, and/or SVG.
- The License is purchased through the Website, using the means of payment available on the Website as of the purchase date through the Company, if applicable.
- The License may be purchased on an annual basis and is renewed automatically unless the Licensee requests otherwise from the Company in writing. Notwithstanding, the License may be purchased on a recurring monthly basis provided the Company approval.
- The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the License, as well as to collect different prices from different Licensees, at the Company’s sole discretion and without need for justification.
- The transaction may be terminated within 14 days of submission of the purchase order, less any cancellation fee under applicable law. In order to terminate the transaction, the Licensee must contact us, with its full name, identifying information, or company number, the domain name for which the termination is sought, and a copy of the transaction receipt.
- The Licensee may terminate its engagement with the Company at any time, subject to payment of all sums owed to the Company.
- The Company reserves the right to terminate the transaction and/or the License at any time, without justification to the Licensee, by providing the Licensee a 30-day prior notice. Should the Company terminate the License, the company shall refund the Licensee, as applicable, for any period of time paid for that is post-termination.
- “Cookies” are small text files transferred from an internet server to a device in use by a Licensee (a computer, mobile or similar). Cookies are not computer software and cannot read the information they contain, nor can they perform any actions independently. Cookies are used for rapid identification so that the Company’s servers can quickly and efficiently identify returning Licensees, or save a Licensee’s specific preferences.
- The Licensee agrees to allow the Company to implant one or more Cookies, to identify information using the Cookies, and to use the information found in the Cookie files in connection with rendering the Service. Some of the Cookies used by the ADA Website Services may originate from third parties, including Google Analytics and/or Facebook Pixel and/or YouTube.
- Cookies are used in all of ADA Website Services in order to allow the smooth and functional operation of all of ADA Website Services and/or in order to collect various data (such as statistical data regarding the use of ADA Website Services), to verify the information and for data security purposes. Disabling the option to save Cookies in a browser may cause ADA Website Services to operate at less than functional or optimal capacity.
Website Accessibility & Malfunctions
- The Company exerts best commercial efforts to ensure that, within 48 hours of the date ADA Website Services are embedded into the Licensee Website, the Licensee Website will become substantially accessible in accordance with the provisions of the Standard. Nonetheless, it is possible that, for reasons arising from the Licensee Website and/or changes and updates that may be performed, from time to time, by the Licensee and/or their representatives on the Licensee Website and/or for other reasons beyond the control of the Company, the Licensee Website may not be substantially accessible at any given time.
- The Company grants solely to the Licensees, and solely during normal business hours, technical support services, including assistance in operating ADA Website Services, solutions to malfunctions in ADA Website Services, use of the personal Licensee account and similar technical and operational matters of payment, purchase or termination of transactions.
- The Licensee agrees to cause its client to report any malfunction or issue observed in ADA Website Services immediately to the Company by e-mail; upon receipt of such report, the Company undertakes to investigate the malfunction in a reasonably prompt manner.
- The Company shall employ its best efforts to resolve malfunctions in ADA Website Services in a reasonably prompt manner. In the event that the technology needed to resolve an issue does not exist, or in the event that its implementation is not possible, the Company shall document the issue in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with the Company’s undertakings toward the Licensee.
- The Company does not undertake to manage and/or resolve malfunctions or issues originating in the Licensee Website. For the avoidance of doubt, under no circumstances will any changes be made to the code in the Company’s systems and/or platforms in order to adapt them to the peculiar needs of a Licensee Website.
Limitation Of Liability
- From time to time, the Company may update and/or upgrade ADA Website Services (including the Company’s servers), which may cause a temporary interruption in the provision of the Services. The Company has no control over malfunctions that may occur, from time to time, in respect of the availability of the Services included in ADA Website Services, nor over services provided by third parties.
- The Licensee is aware that the Website, any and all communications with the Company’s representatives, and the use of ADA Website Services do not constitute the provision of legal advice and may not be relied on for any legal purpose. The use of each of ADA Website Services or Services does not substitute legal consultation.
- Without derogating from the generality of the foregoing: (a) the System reports may not accurately reflect a website's accessibility features, and (b) any Claims Support Services provided (if provided) are at Licensee’s own risk; and each is subject in all respects to all limitation of liability provisions set forth herein.
- The Licensee is aware that the installation of ADA Website Services cannot guarantee that claims will not arise and that embedding ADA Website Services in the Licensee Website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (ADA Website Services does not remediate PDF files or create subtitles for videos, for example). The Company does not undertake that the Licensee Website will be 100% accessible at any given moment, owing to factors such as Licensee changes made to the Licensee Website, issues originating in the Licensee Website and /or limitations stemming from technological reasons. The Licensee irrevocably waives any claims against the Company from any liability, legal or otherwise, and that it shall assert no claims against the Company in this regard (including in relation to any Claims Support Services, if provided).
- The Licensee is aware that, as a security measure, in the event, the Licensee’s requires deciphering of more than 1,000 images and/or links per website per month, ADA Website Services will block such exceeding decipher requests, and the Company will contact the Licensee requesting that the Licensee decipher all images/links on its Licensee Website. The Company shall employ reasonable commercial efforts to instruct the Licensee on how to decipher such images/links. In the event the Licensee is unable or unwilling to implement the Company’s instructions, the Licensee may notify the Company that it wishes to terminate its engagement with the Company, which case the Company will fully refund Licensee for any fees paid with respect to the services related to the relevant Licensee Website.
- The Licensee is aware that the Company does not treat URL parameters as pages, files, and/or images. The Licensee has the responsibility to assure that all pages, files, and/or images on the Licensee’s Website can be accessed through a standard URL. For the avoidance of doubt, prior to the processing of any page, file and/or image, ADA Website Services omits all URL’s parameters, such that a page, file and/or an image which shall be available only through URL parameters, shall not be processed through ADA Website Services.
The Licensee is aware that the installation of ADA Website Services must be made directly within the HTML of the Licensee’s Website, and that the installation code must appear on the browser’s “view source-code” feature. The installation of ADA Website Services may be executed either by: (i) the use of a plugin, (ii) the use of the installation code directly, (iii) the use of a third-party script manager, or (iv) the use of any other means, as long as such mean meets the abovementioned requirements. The Licensee is aware that installing ADA Website Services in different ways than detailed herein, might cause certain parts of ADA Website Services to not properly perform.
- It is the Licensee’s responsibility to verify, prior to using ADA Website Services, the integrity of the Licensee Website’s connectivity, and that of the server on which it is stored, to the internet network and to Licensee’s infrastructure (telephone, computer and so forth). The Company shall not bear liability for any damage to the Licensee on account of the foregoing issues, for which the Licensee is responsible.
- Without derogating from the foregoing, the Licensee agrees that, in any event, and with respect to any of ADA Website Services or Services, the Company’s liability towards it will be limited to a sum equal to the aggregate payments made by the Licensee to the Company with respect to the relevant Licensee Website in the six (6) months preceding a claim or alleged breach, and no more.
- The Company is not responsible for the contents of documents and/or graphics files and/or other data found on the Licensee Website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind for which Licensee is responsible.
- The Company is not responsible for any loss and/or expense and/or damage incurred by the Licensee and/or any third party on account of its rendering the Licensee Website accessible, and full and exclusive liability in this regard remains with the Licensee. Similarly, the Company is not responsible for re-organizing the Licensee Website after ADA Website Services have been embedded. The Company shall not bear any responsibility for any damage, inconvenience, or loss incurred by the Licensee, directly or indirectly, as a result of its use of ADA Website Services and the embedding thereof in the Licensee Website.
- Without derogating from the release and limitation of liability set out above, in no event shall Company be responsible, and the Licensee exempts the Company from, any liability and/or duty and/or demand and/or claim to arise prior to the completion of the accessibility rendering process on the Licensee Website through the use of ADA Website Services.
- In addition, and without derogating from the generality above, the Licensee shall indemnify and hold harmless the Company for any sum the Company bears and/or is required to incur for matters that are the Licensee’s responsibility, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving the Company’s first written demand.
- The Licensee undertakes to embed the system in a staging or testing website before installing the system on the Licensee Website, and, only after verifying that there is no malfunction or damage caused to such website, to embed ADA Website Services into its live or main Licensee Website.
- ADA Website Services, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations, and other online systems and scams. The Company invests its efforts in defending against these risks. Nonetheless, it is not possible, and the Licensee is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in ADA Website Services, corruption of instructions/requests, unauthorized account actions, disruptions to the operation of ADA Website Services and/or their response time, including interruption, partial performance and/or late performance of instructions/requests, unavailability of ADA Website Services or the Services, etc., by virtue of such unlawful third party interference.
- No conversation or correspondence with any Company employee or representative and/or other information provided by the Company shall be considered legal advice, and the Licensee shall have no claims to the contrary.
- The intellectual property rights, including copyrights and trademarks (should any exist) in ADA Website Services or the Services or any other content included in ADA Website Services or the Services (“Company IP”), belong solely to the Company, or to the third party that provided its permission for the Company to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of the Company and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by the Company on content input or provided by the Licensee of ADA Website Services. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content, and other materials, including designs and graphics, relating to the Company IP also belong to the Company, and it holds the exclusive rights thereto.
- If and to the extent that consent is granted for the use of the Company IP, the Licensee must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the Client.
- The trademarks and advertising messages of the advertisers in ADA Website Services are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
- Upon purchasing a License, the Licensee approves the Company’s disclosure of the fact that it provided and/or provides the Services to the Licensee, and that ADA Website Services is embedded in the Licensee Website. The Licensee further confirms that the Company may make use of its trade name and the address of the Licensee Website, and may make worldwide and indefinite use of the Licensee’s logo, for the Company’s marketing purposes.
- The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the Services upon the conclusion of the License, for any reason.
- The provisions of this section do not derogate from the provisions of any law or from any rights afforded the Company by law.
Termination Of Services
The Company may, from time to time and without prior notice, limit or terminate a Client’s access to ADA Website Services and the Services and refuse to provide it with such access, in the event of one of the following instances (without derogating from any other remedy afforded the Company by law):
- If the Company is unable to verify and/or validate information provided by a Licensee or if the Company reasonably believes the information provided by a Licensee is incorrect or inaccurate, in both such instances after Company makes reasonable efforts to communicate with a Licensee without avail;
- If the Company reasonably believes that a Licensee’s use of ADA Website Services and/or the Services is giving rise to the monetary risk and/or fraud of any kind and/or raises concerns of such; or
- If the Company reasonably believes that a Licensee’s use of ADA Website Services and/or the Services is overloading its systems and taking too many resources due to technical issues with the Licensee site, or with the Company’s systems or any for any other technical reason.
- If the Company reasonably believes that a Licensee’s actions may cause a monetary loss and/or payment and/or create legal liability for the Company towards any third party.