Client agrees to the following Terms and Conditions and Payment Terms. Details of this proposal may be revised at any stage by mutual agreement.
Liability
Get ADA Accessible warrants to the Client the material, analysis, data, programs, and services to be rendered herein will be of the quality designated and will be performed by qualified personnel. Get ADA Accessible makes no other warranties, written, oral or implied, including without limitation warranty of fitness for purpose or merchantability. In no event shall Get ADA Accessible liable for indirect, incidental, special or consequential damages, whether or not the possibility of such damages has been disclosed to Get ADA Accessible in advance or could have been reasonably foreseen. Get ADA Accessible’s liability for Client’s actual damages will be limited to the actual amount paid by Client for the aforementioned services. This limitation shall apply regardless of the form of the action, whether such liability arises from a claim based on contract warranty, tort, or otherwise, including negligence. This limitation does include liability due to a claim by Client for bodily injury, loss of revenue, damage to real property or damage to tangible personal property of, Client or business reputation.
Indemnification
Client agrees to indemnify and hereby holds harmless Get ADA Accessible and Imagination Base LLC, and its agents, vendors, employees and sub-agencies or assigns from and against any and all losses, expenses, claims, liabilities and damages (whether consequential, incidental, or otherwise) resulting from the use of reproduction of Client’s material/media furnished by Client herein.
Disputes
Any dispute that arises between the parties with respect to the performance of this SOW shall be submitted to binding arbitration by an arbitration program in the state of Indiana, to be determined and resolved by said arbitrator under its rules and procedures in effect at the time of submission, and the parties hereby agree to share equally in the costs of the said arbitration. Arbitration will be undertaken and concluded within 15 days of commencement.
Nondisclosure of Confidential Information
Get ADA Accessible acknowledges and agrees that in rendering services herein, it may be given access to information about Client, its products, services, methods of manufacture and methods of doing business, as well as customer identifications, internal business information and other information about Client’s business. To the extent that Client designates such information as confidential, Get ADA Accessible agrees to take responsible precautions to maintain this information in confidence and not to disclose it except to those under its control and how to have the need to know such information.
Client Cooperation
Client agrees to fully and promptly cooperate with Get ADA Accessible in connection with its services rendered reviewing and accepting/approving completed milestones, approvals of design, content and final project approval, approval of purchases of needed 3rd party plugins or other 3rd party software.
Third Party Vendors
It is understood that Get ADA Accessible may work with various vendors to complete certain aspects of custom projects.
Inclusion in Portfolio
Get ADA Accessible reserves the right to include the finished product in its portfolio, and potentially in the portfolios of third-party vendors, with the purpose of demonstration to other clients, award entries or other promotional activities unless otherwise requested.
Warranty
A 30-day warranty, which shall begin the day the website audit is completed, will be provided to ensure the project is functioning properly.
Delays and Non-Payment
If for any reason a project’s production is delayed due to required items or details not being supplied or any delay out of Get ADA Accessible’s control, payment will not be withheld and the balance will be due as outlined herein. The project will be removed from the production calendar until all details are received and new milestone dates will be provided to Client within 10 working days of receiving the required items.
Agreed upon payment dates to be ascertained once the production of the other department websites has been defined. The Client will be invoiced accordingly.
Cancellation of Project
If at any point Client wishes to cancel the project and any other services mentioned herein, all work completed to date becomes billable at our current shop rates and deposits are non-refundable. No source materials will be transmitted to Client before full payment of fees as described in the SOW are received.