Terms of Service

Intelectual property

You own the material you provide me with, including code, designs, mock-ups, wireframes, documents, processes and what not. I have no rights, title, or interest in any of your materials, except the right to use such materials as reasonably necessary to perform the Service. I shall immediately return any and all materials to you at any time upon your request.

By agreeing to this provision, you acknowledge that you own everything you provide me with throughout the Service and that nothing infringes on or misappropriates any third party's rights. You absolve me of all responsibility for any unauthorized use or misappropriation of any words, phrases, pictures, videos, images, or other content on your website.

I may write code for you, or produce designs that you can build upon even after you stop using my Service. I will assign to you all right, title and interest, including without limitation copyright and other intellectual property rights to that work, excluding any third party products that cannot legally be assigned to you. Upon receipt of full payment for the Service and only for such work as agreed in writing, I will automatically, unconditionally and irrevocably grant you an exclusive, irrevocable, perpetual, worldwide, fully-paid, and royalty-free license to such rights, with rights to sublicense, reproduce, make derivative works of, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, use, sell, import for sale and exercise any and all such rights.

I reserve the right to use without any restrictions the general principles, ideas and programming languages that I used as a basis to create or develop any work for you. I shall retain all right, title, and interest in all inventions, works of authorship, designs, know-how, ideas, information, research, processes, techniques or development tools, software code and applications delivered to you that have been independently developed prior to the commencement of the Service.

This provision shall survive the termination of the Service.

Confidentiality

Both you and I ensure that secrecy is observed with respect to all information received from either one of us.

Your data may contain trade secrets and I will always consider it confidential in nature. I have no rights and I cannot use it outside of the Service, unless given written permission by you.

Confidential Information does not include information that (i) has become publicly known, (ii) has been independently developed without access to confidential information; (iii) has been rightfully received from a third party without a breach of confidentiality by such third party; or (iv) is previously known to recipient (without a breach of confidentiality).

This doesn't apply if either one of us is required to provide information to a third-party in compliance with a judicial decision or law requirement.

Upon termination of the Service, I shall promptly return or, if so requested, destroy any confidential information in my possession, including all copies thereof. I shall notify you promptly and in writing of any circumstances of which I have knowledge relating to any possession, use, or knowledge of any portion of your confidential information by any unauthorized person.

Publicity

With your permission, I may display a link to your website or project, or a testimonial, on my website and talk about it in the media (websites, articles, books). I will never do this without your prior written permission.

I shall not use your name, logo or trademarks in connection with any sales, advertising, marketing and promotional activities, including without limitation, any publication, press release, advertisements, website or public forum, without your prior written consent.

This Section shall survive termination of this Agreement.

Privacy and security

Your users' data

You are responsible for any third-party data, including your own users' data and privacy. You agree to fully indemnify me, and hold me harmless, to the full extent of any and all claims, actions, damages, losses, costs and fees arising from your unauthorized use or misappropriation of such data.

You are responsible for the data you process when making use of my Service. You guarantee that how you use the Service and processing of the data are not unlawful and do not infringe anyone else's rights.

Your privacy

In short:

• You are not being tracked
• You are knowingly providing all the information I know about you
• You are in full control over your information and can tell me to delete it at any time

By using the Service and my website, you agree to my entire Privacy policy.

Security

You acknowledge that you secure your systems and infrastructure. I am responsible for securing things on my end. This may include access codes, passwords, one-time-passwords, or authentication codes.

I am not liable for any damage suffered or costs incurred as a result of the use or misuse of identification codes or certificates or any other security means unless the misuse is the direct result of any intent or deliberate recklessness on my part.

The Service

You get unlimited access to me via our agreed upon communication channels, where you can request help and advice with anything related to general accessibility and specific accessibility issues on your website or product.

Price and payment

You agree to pay for the Service a fee, in advance, prior to the start of Service and on time. The price is inclusive of all transaction fees.

All prices are exclusive of turnover tax (VAT). All prices are quoted in euros and the payment is also in euros. I am not responsible for any currency conversion fees and taxes you may incur.

Working hours

I will only perform the Service during my usual working days and usual business hours.

My normal business hours are Monday through Friday, 8:00AM to 5:00PM, CET (Central European Time). My response and turnaround times are guaranteed during these working hours.

I observe holidays in the Netherlands and I will inform you in advance of any such periods when I may not be available.

From time to time, I may take personal time off, either for vacation days or resting days. I will inform you in advance of any such periods when I may not be available.

Should you need the Service outside of the times I am generally available, I will do my best, without any guarantees, to accommodate your requests.

It is your duty to inform me about any intended temporary or permanent closure of your organisation or company.

Travel expenses

Should the need for me to travel in the interest of properly performing the Service arise, you are responsible for all travelling expenses.

Travel expenses may include gas, flight, train, bus, taxi or similar transportation fares, as well as overnight hotel or similar accomodation stays. You are not responsible for paying a per-diem or any other expenses I might incur not directly related to performing the Service.

Participants

All participants to the Service will ensure that the communication lines remain short and direct and that consultations take place regularly. You must ensure the capacity agreed on in terms of team members in the roles and with the knowledge and experience and the decision-making powers required to perform the Service. You accept that in order to ship the Service successfully, the capacity agreed on is a minimum requirement.

You ensure permanent and active input by and contributions from relevant end users who are supported by your organisation in the context of, among other things, testing and decision making. You guarantee the expeditiousness in progress-related decisions that have to be made during the performance of the Service.

Requests

You can make as many requests as you need during a billing period via our agreed upon communication channels.

There is no lower or upper limit on the perceived complexity of a request. In other words, you can ask me if two colours have the required contrast to be considered accessible or you can ask me to help you create a complex component like a carousel and make it accessible. I will honor both requests.

Control of Service

I know how I work best, so I'll control how I perform the Service. You will neither have nor exercise any control or direction over the methods by which I perform the Service.

I will exclusively control my hours and all other working conditions.

I will use my own equipment to get the work done, including any special materials, tools or equipment that are needed for Service.

Relationship of the Parties

I'm an independent contractor. Nothing in this agreement will be construed or deemed to create a relationship of employer and employee or principal and agent between you and I. I will not assert that the relationship with you is other than an independent contractor relationship.

I'll be responsible for paying my own taxes that result from performing this Service to you, including any payroll tax, national insurance contributions, employee insurance contributions or income-related healthcare contributions.

This Section will survive termination of the Agreement.

Business results

I will perform the Service with care to the best of my ability, on the basis of a best-effort obligation, without making any warranties relative to how my Service will impact your business, including but not limited to the amount of internet traffic, inquiries, clients and revenues you receive after implementing any advice, code or designs I provide you with.

I represent and warrant that the Service (i) will be performed in a timely, professional, and workmanlike manner, in compliance with applicable industry standards and in accordance with the requirements of these Terms; (ii) will comply with applicable laws, rules, or regulations; (iii) will not defame or disparage you or third parties or violate or infringe upon the rights of third parties, including contractual, employment, trade secrets, proprietary information, privacy, publicity, and nondisclosure rights, or any trademark, copyright, or patent rights; and (iv) to the extent consisting of deliverables, will be technically correct, free from material defect, and based upon any information or documents mutually agreed upon by the you and I.

Transfer of rights

You cannot transfer your rights or obligations for Service to third parties without my prior written consent.

Conflicts of interest

I work for other clients, but that won't get in the way of my performance.

Termination

If I fail to perform any material obligations under the Service, you have the option to give written notice thereof. If I fail to remedy such failure within five business days of receipt of the notice, you may terminate the Service as of the fifth day.

I may elect, at my sole discretion, to terminate the Service without cause and without liability upon 30 days prior written notice to you.

I have provided details and further information in the Canceling articles below in these Terms.

Communication

You consent to receive electronic communications from me and agree that all agreements, notices, disclosures and other communications sent via email satisfy any legal requirement that such communication be in writing. You also waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records by any means other than electronic.

Legal stuff

It's not that I look forward to dealing with the law, but I also cannot pretend it doesn't exist. The following provisions are to help protect both of us from surprises.

Arbitration

Dutch law is exclusively applicable to all agreements between me and you. The Dutch court where I am established is exclusively competent in case of any disputes between me and you, unless the law prescribes otherwise.

Any disputes that may arise from an agreement between me and you and from any further agreements deriving from this agreement are resolved by arbitration in accordance with the Arbitration Regulations of the Foundation for the Settlement of Automation Disputes (Stichting Geschillenoplossing Automatisering (SGOA)(Opens external link in new tab)). This is without prejudice to either party's right to request preliminary relief in preliminary relief proceedings or arbitral preliminary relief proceedings.

If a dispute that arises from an agreement entered into by us or from any further agreements deriving from this agreement is within the jurisdiction of the cantonal section of the Netherlands District Court, either of us is entitled to bring the case as a cantonal court case before the competent district court in the Netherlands. Parties are only entitled to initiate these proceedings if arbitration proceedings concerning the dispute have not yet been instituted. If, with due observance of the provisions of this article, either of us has brought the case before the competent district court to be heard and decided, the cantonal judge of that district court is competent to hear the case and to decide on it.

Regarding a dispute that arises from an agreement entered into by us or from any further agreements deriving from this agreement, either of us is always entitled to institute ICT mediation proceedings in accordance with the ICT Mediation Regulations of the Foundation for the Settlement of Automation Disputes (Stichting Geschillenoplossing Automatisering (SGOA)"(Opens external link in new tab)). The other party is then obliged to actively participate in the ICT mediation proceedings that have been instituted. This legally enforceable obligation in any case includes having to attend at least one joint meeting of mediators and parties, in order to give this extrajudicial form of dispute resolution a chance of success. Either party is free to terminate the ICT mediation proceedings at any time after this first joint meeting of mediators and parties. The provisions of this paragraph do not prevent either party, if this party deems doing so necessary, from requesting preliminary relief in preliminary relief proceedings or in arbitral preliminary relief proceedings.

In the event you breach these Terms in any respect, you shall be responsible for all reasonable costs and fees, of whatever nature and kind and including all reasonable attorneys' fees, incurred by me relative to the breach, regardless of whether any legal action is filed.

Waiver

You agree that I shall not be deemed to have waived any provision or right under these Terms without prior written consent that a particular provision or right is being "waived."

Liability

My total liability for an imputable failure in the performance of the agreement or arising from any other legal basis whatsoever is limited to the compensation of damages as described in more detail in this article.

Direct damage is limited to a maximum of the price stipulated for the Service in question (excluding VAT). If the Service is mainly an ongoing contract, the price stipulated for the Service is set at the total sum of the payments (excluding VAT) stipulated for the past six months of Service performed.

Liability for indirect damage, consequential loss, loss of profits, lost savings, reduced goodwill, loss due to business interruption, loss as a result of claims of your clients, loss arising from the use of goods, materials or software of third parties prescribed by you and any damage and loss arising from contracting suppliers you recommended to me is excluded. Liability for corruption, destruction or loss of data or documents is also excluded.

These exclusions and limitations cease to apply if and insofar as the damage is caused by intent or deliberate recklessness on my part.

The right to compensation of damages exclusively arises if you report the damage to me in writing as soon as possible after the damage has occurred. Any claim for compensation of damages filed against supplier lapses by the mere expiry of a period of twelve months following the inception of the claim unless you've instituted a legal action for damages prior to the expiry of this term.

These provisions and exclusions and limitations of liability also apply in favour of all natural persons and legal persons that you and your suppliers contract for the performance of the Service.

Nullity

If one or more provisions of these Terms prove null or annullable, this will not affect the other provisions of these Terms.

I will, in that case, replace the provision that is null or annulable with another provision that comes closest to what I had in mind when drafting the conditions of that provision.

Complete agreement

These Terms represent the full and complete understanding between me and you and it superseeds any and all prior understandings and communications unless otherwise explicitly stated. You understand and agree that I'm not making any guarantees, promises or warranties regarding the Service other than those expressly set forth in these Terms.

Force majeure

Neither you nor me is obliged to meet any obligation, including any statutory and/or agreed guarantee obligation, if it is prevented from doing so by circumstances beyond either of our control.

Circumstances beyond our control include:

• measures by public authorities,
• power failures, internet and network outages,
• (cyber) crime, (cyber) vandalism, war or terrorism, or
• general transportion problems.

Modifications to these Terms

From time to time, I may need to make changes to these Terms, or you may need some special provisions. This is how these changes will take place.

Changes

I am entitled to make changes of minor importance to these Terms at any time. By minor importance, I mean typos, grammar or editing for clarity, in ways that do not impact the Service.

I will communicate any major changes of content with you prior to them coming into force. By major changes, I mean adding, removing or editing large pieces of these Terms in a way that impacts the Service.

You are entitled to cancel the Service in the event of a major change to these Terms that you do not agree with. If you decide to cancel, you will be entitled to 100% refund for the current billing period, minus applicable payment processing fees, regardless of when you cancel.

Amendments prior to start of Service

If before the start of the Service, it appears necessary to change or supplement the contents of these Terms, you and I will adjust the agreement accordingly and in writing.

These Terms cannot be amended or modified verbally.

The Service

Price and payment

I may, from time to time, adjust the price for the Service. I will never do this without at least three months notice and in writing.

If you fail to pay on time, I will send you a payment reminder after three days. If after a maximum of seven days after the initial payment due date, you have still not paid, I reserve the right to cancel the Service, in writing. I will give you every chance to make the payment before doing so.

Duration

The standard duration of the Service is one calendar month. I know this means you'll benefit only 28/29 days in February, but it also means you'll get 31 days in March. In any case, if you're counting days, you shouldn't sign up for the Service.

Requests

Requests may include:

• Identify accessibility issues on your website
• Put together audits and reports with actionable steps on how to fix any accessibility issues
• Review current work in progress for accessibility
• Recommend tools and establish and improve processes
• Recommend best practices
• Serve as an accessibility SME who is always available to provide strategic and technical advice

Requests do not include:

• Writing production-ready code or creating production designs
• Fixing accessibility issues for you
• Issues outside my area of expertise

If a request does not fit my area of expertise, I will let you know and try to point you in the right direction.

Response time

I will respond to your requests within 24 hours. If I am unavailable, I will let you know in advance. The 24 hours response time is valid for business days. If you send me a request on weekends, I will respond to it on Monday.

I make a distinction between response time and turnaround time. Response time is the time it takes me to reply to your request. Turnaround time is the time it takes me to complete your request. In a lot of cases, they will be the same. Depending on the complexity of the request, I may need more time to complete it. I will let you know as part of my response if that's the case.

Turnaround time

On average, turnaround time will be 72 hours, counting only business days. If a request will take more than a few days, I'll let you know ahead of time.

Participants

You can invite as many of your team members as you want to benefit from the Service, without additional costs or incurring a penalty on either the response or turnaround time.

You agree to notify me in writing of all invitations and/or terminations of team members.

Canceling

You can cancel the Service at any time. If you cancel within the first seven days of each month of Service, I will provide a full refund, minus the payment processing fees. If you cancel after the seven-day window closes, I will continue to provide the Service for the remainder of the current billing period up until the last day. You will not be charged again after the current billing period ends.

Here's an example. You are billed for a month on the 1st of January. You decide to cancel on the January 7th. I refund 100% of the payment, minus the payment processing fees.

I reserve the right to cancel the Service as well. If I decide not to continue providing the Service to you, I will refund the entire amount for the current billing period, minus the payment processing fees.

Here's an example. You are billed for a month on the 1st of January. I decide to cancel on January 29th. I refund 100% of the payment, minus the payment processing fees.

Both you and I can cancel only in writing via email. The send date on the email needs to be within the cancellation time frame.

Pausing

You can pause the Service at any time during the current billing period, but only once per billing period. When you pause, I will stop working and all the remaining days in the current billing period will be transferred over to the next.

It's up to you to resume the Service. When you resume, you are not required to pay anything. All the days from when you paused are transferred over and the payment cycle is updated.

Here's an example. You are billed for one month on the 1st of January. You decide to pause the subscription on the 24th of January. You now have six days of work left over. On the 14th of February, you decide to resume the subscription. No payment is required as you still have six days left over from January. Your next payment will be on the 20th of February. Naturally, your cancellation window is extended as well. If you cancel before the 27th of February, you get a full refund minus the payment processing fees.

Returns and refunds

If you are not satisfied with the Service, I will refund the entire amount for the current billing period, minus the payment processing fees, as long as you cancel within the first seven days of each month of Service.

The refund does not revoke the license to use any deliverables I provided during the Service.

Force majeure

If a force majeure situation lasts for more than seven days, either party has the right to cancel the Service, in writing. In such event, you don't need to pay anything and are entitled to a refund on a proportional basis.

The Service

Price and payment

You agree to pay for the Service a one time fee, in advance, prior to the start of Service and on time. The price is inclusive of all transaction fees.

If you fail to pay before the start of the service, I reserve the right to cancel the Service, in writing. I will give you every chance to make the payment before doing so.

Duration

The duration of the Service is agreed in writing prior to the start of Service.

Requests

You can make requests via our agreed upon communication channels.

There is no lower or upper limit on the perceived complexity of a request. In other words, you can ask me if two colours have the required contrast to be considered accessible or you can ask me to help you create a complex component like a carousel and make it accessible. I will honor both requests if they fit in the agreed upon time frame.

Requests may include:

• Identify accessibility issues on your website
• Advise on actionable steps on how to fix any accessibility issues
• Review current work in progress for accessibility
• Recommend tools and improve processes
• Serve as an accessibility SME and provide strategic and technical advice

Requests do not include:

• Writing production-ready code or creating production designs
• Fixing accessibility issues for you
• Issues outside my area of expertise

If a request does not fit my area of expertise or the Service duration, I will let you know and try to point you in the right direction.

Response time

I will respond to your requests within 30 minutes.

I make a distinction between response time and turnaround time. Response time is the time it takes me to respond to your request. Turnaround time is the time it takes me to complete your request. In a lot of cases, they will be the same. Depending on the complexity of the request, I may need more time to complete it. I will let you know as part of my response if that's the case.

Turnaround time

On average, turnaround time will be one hour. If a request will take more than a few hours, or if I think I cannot complete the request during the Service duration, I will let you know immediately and work with you to find a proper solution.

Participants

You can invite as many of your team members as you want to benefit from the Service, without additional costs.

You agree to notify me in writing prior to start of Service of all invitations of team members.

Rescheduling

You can reschedule the Service at any time prior to the day of the start of Service. I will work together with you to find a date on my calendar that suits us both. If I cannot find a date that suits us both, I will refund the entire amount you paid, minus the payment processing fees.

On rare occasions, I may reschdule as well. Should that happen, I will do my best to find the earliest date I can provide the Service to you. If I cannot or if such date is not to your liking, I will refund the entire amount you paid, minus the payment processing fees.

Both you and I can reschedule only in writing via email. The send date on the email needs to be at least one day prior to the start of Service.

Canceling

You can cancel at any time prior to the start of the Service. I will provide a full refund, minus the payment processing fees.

I reserve the right to cancel the Service as well. If I decide not to provide the Service to you, I will refund the entire amount you paid, minus the payment processing fees.

Both you and I can cancel only in writing via email. The send date on the email needs to be at least one day prior to the start of Service.

Returns and refunds

If you are not satisfied with the Service, I will refund the entire amount for the Service, minus the payment processing fees.

The refund revokes the license to use any deliverables I provided during the Service.

Force majeure

If a force majeure situation lasts for more than 30% of the agreed upon duration of the Service, either party has the right to either cancel or reschedule the Service, in writing. In the event the Service is cancelled, you don't need to pay anything and are entitled to a full refund, minus applicable payment processing fees.