1. Agreement to Terms
Welcome to ADA Compliance Audits. These Terms of Service ("Terms") govern your use of our website at adacomplianceaudits.com and our services, including ADA compliance audits, website remediation, and compliance monitoring (collectively, the "Services").
By accessing our website or purchasing our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
"You" refers to the individual or business entity using our Services. "We," "us," and "our" refer to ADA Compliance Audits.
2. Services Description
2.1 ADA Compliance Audits
We provide automated and manual assessments of websites to identify potential accessibility issues based on Web Content Accessibility Guidelines (WCAG) and ADA standards. Our audit reports identify issues and provide recommendations for remediation.
2.2 Lawsuit Firewall (Remediation Services)
Our remediation service includes:
- Review of your compliance audit report
- Implementation of ADA accessibility fixes on a staging version of your website
- Client review and approval process
- Deployment of approved changes to your live website
- Issuance of a Compliance Certificate upon completion
2.3 ComplianceGuard 24/7 (Monitoring Services)
Our monitoring subscription service includes:
- Ongoing automated accessibility scans of your website
- Weekly compliance status reports
- Alerts when new violations are detected
- Priority support access
3. Orders and Payment
3.1 Pricing
Current pricing for our Services is displayed on our website and during the checkout process. Prices are subject to change without notice, but changes will not affect orders already placed.
3.2 Payment Terms
- Remediation Services: Full payment is required at the time of purchase before work begins.
- Monitoring Services: Billed monthly on a recurring basis until cancelled.
All payments are processed securely through Stripe. We accept major credit cards.
3.3 Refund Policy
Remediation Services: If you are not satisfied with our staging site implementation, we will work with you to address concerns. Refunds may be issued at our discretion if work has not yet begun or if we are unable to deliver the agreed-upon services. No refunds are available after deployment to your live site.
Monitoring Services: You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No partial refunds for unused portions of a billing period.
4. Client Responsibilities
To enable us to provide our Services, you agree to:
- Provide accurate business and contact information
- Grant necessary access to your website, hosting, or CMS as required for remediation
- Review staging sites and provide timely approval or feedback
- Maintain backups of your website before we implement changes
- Ensure you have the legal authority to authorize changes to the website
Delays caused by failure to provide required access or approvals may extend project timelines.
5. Service Delivery
5.1 Timelines
We strive to deliver Services within the following timeframes:
- Compliance Audits: Typically delivered within 24-48 hours
- Remediation (Staging): Typically 3-5 business days after receiving required access
- Deployment: Within 24-48 hours of client approval
These timelines are estimates and may vary based on website complexity and client responsiveness.
5.2 Approval Process
For remediation services, we will notify you when your staging site is ready for review. You will have the opportunity to:
- Review all proposed changes on the staging site
- Request revisions (reasonable scope included)
- Approve the staging site for deployment
We will not deploy changes to your live website without your explicit approval.
6. Compliance Certificates
Upon successful completion of remediation services, we issue a Compliance Certificate documenting the accessibility improvements made to your website as of the completion date.
Important: A Compliance Certificate represents the state of your website at the time of our remediation. Ongoing compliance depends on maintaining accessibility standards as your website content changes. We recommend ongoing monitoring to maintain compliance.
7. Limitations and Disclaimers
7.1 No Legal Advice
Our Services are technical in nature. We do not provide legal advice, and our audits, remediation, and certificates do not constitute legal opinions or guarantees of legal compliance. We recommend consulting with a qualified attorney regarding ADA compliance requirements specific to your business.
7.2 No Guarantee Against Lawsuits
While our Services are designed to improve website accessibility and reduce legal risk, we cannot guarantee that your website will not be subject to ADA-related complaints or litigation. Accessibility is an ongoing responsibility, and standards may evolve.
7.3 Third-Party Content
We are not responsible for accessibility issues in third-party content, plugins, widgets, or embedded elements that are outside our control or not included in the agreed scope of work.
7.4 Service Availability
We strive to maintain reliable service but do not guarantee uninterrupted access to our website or Services. We are not liable for any downtime, delays, or service interruptions.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM.
- WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.
- WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM YOUR FAILURE TO MAINTAIN WEBSITE BACKUPS.
9. Indemnification
You agree to indemnify and hold harmless ADA Compliance Audits, its owners, employees, and contractors from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from:
- Your use of our Services
- Your violation of these Terms
- Your violation of any third-party rights
- Content on your website not created by us
10. Intellectual Property
10.1 Our Property
All content on our website, including text, graphics, logos, and software, is our property or licensed to us and is protected by intellectual property laws. You may not copy, modify, or distribute our content without permission.
10.2 Your Property
You retain ownership of your website content. By using our Services, you grant us a limited license to access and modify your website solely for the purpose of providing the agreed-upon Services.
10.3 Remediation Work
Code and accessibility modifications we implement on your website become part of your website. You own the resulting modified website.
11. Communications
By providing your contact information, you consent to receive communications from us regarding:
- Service delivery and project updates
- Payment confirmations and receipts
- Important service announcements
For information about SMS communications, please see our Privacy Policy.
12. Termination
12.1 By You
You may cancel monitoring subscriptions at any time through our platform or by contacting us. For remediation services, cancellation after work has begun may not be eligible for refund.
12.2 By Us
We reserve the right to refuse or terminate Services if:
- You violate these Terms
- You fail to provide required access or information
- Your website contains illegal or harmful content
- You engage in abusive behavior toward our staff
13. Dispute Resolution
13.1 Informal Resolution
Before initiating any formal dispute, you agree to contact us first and attempt to resolve the matter informally. Most concerns can be resolved quickly through direct communication.
13.2 Governing Law
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.
13.3 Jurisdiction
Any disputes not resolved informally shall be resolved exclusively in the state or federal courts located in Miami-Dade County, Florida. You consent to the personal jurisdiction of these courts.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and ADA Compliance Audits regarding our Services.
14.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
14.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.
14.4 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.
14.5 Changes to Terms
We may update these Terms from time to time. Changes will be posted on this page with an updated effective date. Continued use of our Services after changes constitutes acceptance of the updated Terms.
15. Contact Information
Questions About These Terms?
If you have any questions about these Terms of Service, please contact us:
ADA Compliance Audits
6538 Collins Ave. #133
Miami Beach, FL 33141
Email: [email protected]
Phone: (855) 416-6174