Digital Accessibility Commitment

🌐 Digital Accessibility Commitment

Acknowleging the Importance of Inclusive Design

We recognize the critical importance of creating digital experiences that are accessible to the broadest possible audience, including individuals with disabilities. Our goal is to align with generally accepted standards for web accessibility and promote an inclusive online environment for all users.

Our Approach to Accessibility

As we design and develop your website, we incorporate principles intended to enhance user experience and accessibility. Our process generally involves:

• Design Principles: Implementing layout and navigation structures with accessibility considerations in mind.
• Platform Functionality: Utilizing modern website platforms and tools that offer features to support accessibility.
• Training and Awareness: Maintaining awareness of evolving best practices and general guidelines related to digital accessibility.

Understanding the Accessibility Landscape

The regulatory and technical environment surrounding digital accessibility is complex and constantly evolving. Compliance is not a one-time achievement but an ongoing, dynamic process.

We generally strive to design websites that can support common accessibility guidelines, such as aspects of the Web Content Accessibility Guidelines (WCAG), which are frequently referenced in the industry. However, it is essential to understand:

• No Absolute Guarantee: Given the complexity of current regulations (including the lack of specific, codified standards for all businesses) and the dynamic nature of both technology and user needs, we cannot and do not guarantee that any website will be compliant with all interpretations, requirements, or legal demands under the Americans with Disabilities Act (ADA) or any related local, state, or federal laws.
• Third-Party Content: Client-provided content, third-party plug-ins, external widgets, or subsequent modifications made by the client can significantly impact the overall accessibility of the website. We are not responsible for the accessibility of these elements.

🤝 Client Responsibilities in Accessibility

Achieving and maintaining a strong level of accessibility is a shared effort. The client retains ultimate responsibility for the long-term accessibility of their website, including:

• Content Management: Ensuring all uploaded images have appropriate text alternatives, all videos include captions, and all documents are accessible.
• Ongoing Auditing: Periodically reviewing the website’s content and functionality as laws and technology change.
• Legal Counsel: Consulting with independent legal counsel regarding the specific compliance obligations that apply to your business and industry.

⚖️ Limited Scope of Services and Liability

Services Provided

Our website design services are focused on the visual presentation, technical functionality, and initial structure of the digital platform. While we incorporate general accessibility considerations into our standard workflow, our service offerings do not include the following specialized functions:

• Legal Compliance Audits: We are not legal professionals and do not provide specific legal advice or certification of ADA compliance.
• Specialized Remediation: Our services do not include the cost or effort for specialized, post-launch remediation required to address specific accessibility claims, disputes, or demands from third parties.
• Ongoing Monitoring/Maintenance: We are not responsible for monitoring or updating the website to comply with future changes in accessibility guidelines or legal interpretations after the project is completed and launched.

Limitation of Liability

The client acknowledges and agrees that the website, upon launch, reflects the state of design and development at that specific time.

To the fullest extent permitted by law, the client agrees that our liability arising from or related to the accessibility or potential non-compliance of the website with any federal, state, or local laws, including but not limited to the ADA, shall be strictly limited to the total amount paid by the client to us specifically for the website design and development services covered under the operative agreement.

We shall not be liable for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, damages for loss of business or legal costs) related to any claims, demand letters, or lawsuits concerning website accessibility or compliance.

The client further agrees to indemnify and hold harmless our business against any claims, damages, liabilities, and expenses, including reasonable attorney's fees, arising out of or related to the website's alleged non-compliance with any accessibility standards or law. The client's sole and exclusive remedy for any dissatisfaction with the service related to accessibility shall be limited to the terms outlined above.