Effective Date: November 5, 2019
These Terms & Conditions set forth the standards of use of services provided by Kanan Web Development, LLC, d/b/a Web Compliance Solutions (“WCS”) and for the website located at webcompliancesolutions.com (“Website”). By accessing the Website and/or utilizing the services provided by WCS, you (“User”) agree to these Terms & Conditions. WCS reserves the right, at any time, to modify, alter, or update these Terms & Conditions. Modifications shall become effective immediately upon being posted on the Website. User’s continued use of the Website and WCS services after amendments are posted constitutes an acknowledgment and acceptance of the Terms & Cond and its modifications.
WCS provides the following services, depending on the level of engagement as a subscriber:
- Auditing of websites through both manual audits and the use of plugins or extensions.
- Installation of plugins that aid in making sites more accessible.
- Historical log of all changes made for accessibility purposes to a site during the time of User’s engagement with WCS.
- Delivery of up to date legal research regarding accessibility in online environments.
- Affidavit of User’s desire to be as accessible as possible and an outline of the strategy User, with WCS’s aid, has taken in order to be accessible.
- Badge added to User’s site to direct users to a page on Website describing WCS’s site.
Manual fixes by developers of any accessibility issues on a User’s site are available for an additional cost, to be agreed upon by both parties before work is begun. The cost and amount of services provided is dependent upon the level of service agreed upon by both parties.
2. Disclaimer of Warranties
User expressly agrees that use of the Website, including browsing, downloading, and otherwise obtaining content from the Website, is at User’s sole risk. To the fullest extent permitted by applicable law, WCS makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website or Website Content in terms of its correctness, accuracy, reliability, or otherwise. WCS shall have no liability for any interruptions, errors, computer viruses or other harmful components in the use of this Website. WCS disclaims all express or implied warranties with regard to the Website, Website content, and the information provided. WCS does not warrant that any Website content or information accessed through the Website will be continuous, uninterrupted, or error free.
3. Limitations of Liability
Though WCS will at all times follow best practices and industry standards for web accessibility, WCS makes no guarantee that any User’s site will reach the level of compliance needed to be fully accessible to any party wishing to access the site or to avoid litigation. User understands that assessing accessibility is highly complex, subjective, and changeable, and that total compliance is not possible. WCS makes no warranty that WCS will be able to find, assess, and fix all accessibility concerns. WCS strongly recommends that User take a holistic approach to accessibility compliance rather than utilizing one service alone. In no event shall WCS be liable for any direct, indirect, special, consequential, incidental, exemplary, punitive, or any other types of damages, lawyers’ fees, or other costs resulting from litigation for non-compliance with the Americans with Disabilities Act or any other accessibility law. WCS makes no representation that any changes to User’s site for accessibility purposes will not affect said site’s SEO or performance. WCS disclaims all express or implied warranties of merchantability or fitness for a particular purpose.
4. No Legal Advice
Use of or engagement with WCS’s Website, services, personnel, or any other item does not constitute an attorney/client relationship. WCS does not purport to offer legal advice or counsel, and none of the information or material provided by WCS may be construed as such. If User has questions regarding the law, User should consult with his or her own attorney.
In the event of a dispute between User and WCS, the laws of the state of California shall govern the matter. In such event, each side shall bear their own costs of legal fees and any other expenses. User shall not be entitled to damages in excess of one (1) month’s contract value. All disputes shall be submitted to binding arbitration pursuant to the American Arbitration Association.
User is responsible for paying a monthly fee, the amount of which is outlined on the Website and corresponds to the level of service User has selected and for which WCS has agreed to provide service. Fees must be paid within 30 days of submission of invoice, after which WCS reserves the right to cease work for the User.
User may terminate at any time upon 60 day written notice. WCS may also terminate by providing 60 day notice to User. User remains responsible for fees owed throughout the 60-day notice period. Upon termination, User may no longer display any badge, content, or any other asset provided by WCS on User’s site or any other location.
8. Other Terms
If any provision of these Terms & Conditions shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms & Conditions shall apply in addition to, and shall not be superseded by, any other written agreement between WCS and User in relation to the Website and services. WCS’s failure to insist on or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Any cause of action User may have with respect to User’s use of this Website or that is the subject of these Terms & Conditions must be commenced within one (1) year after the claim or cause of action arises.