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At Accessifi we prefer to do things for the right reason. Fear is not something we care to dwell on. We understand, however, that we live in a litigious society and the threat of legal action for violations of ADA/WCAG standards is growing year on year. The reality is businesses of all sizes are being sued. Compliance can mitigate your risk.
Under the Americans with Disabilities Act (ADA), any individual who is denied access to a place of public accommodation (including a website) due to a lack of accessibility may have the right to file a lawsuit. This includes individuals with disabilities, as well as others who may be affected by the inaccessibility of a website.
While individuals with disabilities may be more likely to encounter barriers to access on a non-ADA compliant website, anyone who is prevented from using the website due to accessibility issues may have grounds for a lawsuit. For example, someone who is temporarily unable to use a mouse due to an injury may have difficulty navigating a website that requires mouse clicks to access certain content.
Accessifi LLC came to be after one of our friends in the restaurant industry was sued twice in four years for ADA website compliance violations. In spite of efforts to maintain a compliant web presence, on two occasions a “disabled activist” brought legal action against our friend’s business claiming that disabled users did not enjoy the same access and functionality as those who were not disabled. Both cases were settled out of court. The settlements were expensive.
It is important for business owners to take website accessibility seriously and ensure that their website is ADA compliant to mitigate potential legal action and be certain that all users can access their content.
After being involved in the manual remediation of our friend’s website, and subsequently many others, we were introduced to accessiBe and their accessWidget. The low cost and increased speed of turnaround for remediating accessibility issues with the accessWidget has changed the way we work with our clients.
An accessWidget license includes AccessiBe’s Litigation Support Package for clients, at no extra cost, in the case that their website’s compliance is challenged. Along with AccessiBe’s personal attention, the litigation package includes professional audits, reports, accessibility mapping, compliance supporting documentation, guidance, and more.
We strongly believe in, and recommend, the AccessiBe accessWidget as an effective and affordable way to significantly improve the accessibility and ADA compliance of your website. The solution undoubtedly helps disabled website users, and greatly reduces the chance that your business will be successfully sued for an ADA compliance violation.
It is important to acknowledge not all websites will achieve 100% compliance with the ADA and WCAG, using the AccessiBe accessWidget alone. Many websites will achieve 100% compliance, some will get extremely close. The determining factor is often the quality of the underlying code in which the website was originally created. If the base code is particularly problematic, erroneous, or proprietary, the accessWidget may not achieve 100% ADA compliance.
With any ADA compliance solution we cannot guarantee that you will not receive letters of non-compliance with ADA/WCAG standards, as we have no control over the actions of third parties. In the event of receiving such a complaint, your accessWidget license includes a Litigation Support Package within which AccessiBe will provide assistance.
Last updated: May 22, 2023
These Terms of Service (“Terms”) are a legally binding agreement between you and Accessifi LLC (“our”, “we”, “us”, or “Accessifi”).
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to be bound by the provisions of these Terms or if you do not have the legal authority to accept them on behalf of the entity you represent, you may not use or access our services.
These Terms apply to all users of the Services, as follows (each of which shall be referred to as “user” or “you”):
Accessifi LLC is delivering, in good faith, access to services provided by AccessiBe via a partner relationship we have with AccessiBe.
The partnership agreement entitles us to make limited discounts to the price you pay to license the AccessiBe accessWidget, when ordering directly though us. Discounts are calculated by a percentage reduction to AccessiBe’s retail price which is wholly controlled by AccessiBe. AccessiBe have the sole right to update their retail pricing and licensing terms, over which we have absolutely no control. Your price will be fixed for term period of your license. It is possible that accessiBe could adjust the pricing at the time of your license renewal. It is entirely out of our realm of influence. AccessiBe may also change our pricing flexibility in the future, which may affect the offer we can present to you.
AccessiBe have sole control over the design, functionality, code, and availability of the accessWidget. Accessifi cannot be held responsible for any actions taken by AccessiBe that may impact the accessWidget in any way.
Accessifi offer an accessWidget installation service for those who request our assistance with the accessWidget installation. We are experienced developers who have performed many installations of the accessWidget. You agree to hold us harmless in the event of a problem during installation that can be shown to be caused by existing issues on your website, or concurrent activity on your website that is not being performed by us.
Any changes to the terms of service set by AccessiBe are solely the responsibility of AccessiBe. You agree to hold harmless Accessifi, should AccessiBe change their terms of service in any way that you find disagreeable.
Accessifi will fulfill our responsibility to contact AccessiBe, per the terms of their litigation support package, in the event you are subject to a website accessibility lawsuit while you have an active accessWidget license purchased through us. You agree to hold Accessifi LLC harmless in the event that a website accessibility lawsuit against you is successful, or if you choose to settle with any plaintiff involved in that lawsuit.
Accessifi strongly believe the accessiBe accessWidget is a viable solution to website accessibility and website ADA compliance issues. However we are not responsible for any damages resulting from your use of any software or services owned and administered by AccessiBe.
Accessifi can provide manual website accessibility remediation services if requested. We are experienced website developers and we will provide our best efforts to fix specific accessibility problems, agreed between you and us prior to beginning any manual remediation services. You agree to hold harmless Accessifi LLC in the event you are subject to a legal accessibility complaint or any other damages concerning specifically the issues Accessifi LLC agreed to work on. We are committed to further remediating any of these issues on your website.
When you purchase an accessWidget license through Accessifi, you are required to remunerate Accessifi, the full amount agreed between you and Accessifi, within 7 days of the date noted on the invoice.
The accessWidget license becomes active at the time of Accessifi generating the invoice.
Invoices will be sent by email, along with a separate follow-up email confirming that the invoice was received. Accessifi LLC are not responsible for non-receipt of the invoice, the invoice email, or the follow-up email.
If the 7 day period from the invoice date passes without full remuneration Accessifi reserves the right to terminate your accessWidget license agreement without repercussion from you. We have to do this to ensure that the cancellation is completed with the refund period set by AccessiBe. In the event that AccessiBe charges Accessifi a pro-rated license fee for the time the accessWidget license was active before cancellation, you are responsible for remunerating Accessifi to cover that pro-rated charge. You will be notified of that charge via a separate invoice from Accessifi, send via email.
We will provide you with a secure payment link, operated by the well-established online payment solution provider, Stripe. If you cannot for any reason make your payment online, you may suggest another means of payment in writing (email) before the invoice is generated. You may use the alternative method if both you and we agree in writing. If you do not agree to remunerate Accessifi online via the secure payment page from Stripe, nor the agreed upon alternative payment method, you may not purchase a license from us.
Licenses are only refundable and cancellable within 7 days of the original invoice creation date, noted on the invoice. After 7 days from the date of the original invoice the license fees are non-cancellable, and non-refundable.
By purchasing your accessWidget through Accessifi, you agree not to edit the accessWidget installation code without our written (email) consent. Doing so could affect the performance and effectiveness of the accessWidget. Any unauthorized changes is a violation of the discounted license pricing agreement between you and Accessifi. Any changes to the “AccessiBe” callout and link (the “mark”) at the bottom of the accessWidget UI is a violation of the discounted pricing agreement between you and Accessifi. Refusal to reinstate the AccessiBe mark on the accessWidget UI will invalidate the discount agreement with immediate effect at which time the license pricing will switch to the retail price set by AccessiBe.
We recommend that you read the following section titled “AccessiBe Terms of Service”.
We, like you, are beholden to AccessiBe’s Terms of Service for using their AccessWidget, and any and all other related services that AccessiBe provide, including the website auditing service “AccessFlow”. AccessiBe are solely responsible for the AccessWidget, the license pricing policy, and any other services that they provide. We strongly recommend that you, as our client, read their terms of service. To find their terms of service, please follow these steps:
1: Click on this link to visit the AccessiBe website: https://accessibe.com/a/a2i3kaw
2: Scroll to the very bottom of the target page that results from clicking on the link in step 1.
3: At the bottom of the page on the AccessiBe website, click on the link “Terms of Service”.