Section 508 Compliance Document

Section 508 Compliance Document

Effective Date:    Client Name:    Service Provider Name:

WHEREAS

WHEREAS, Client maintains digital assets including but not limited to websites, web applications, mobile applications, and electronic documents that are used to provide public-facing or internal services; and

WHEREAS, Service Provider represents that it has the technical expertise to evaluate, remediate, and certify such digital assets for conformance with applicable accessibility standards, including Section 508 requirements and the recognized Web Content Accessibility Guidelines; and

WHEREAS, the parties desire to set forth the scope, schedule, standards, compensation, and acceptance criteria by which Service Provider will perform accessibility testing, remediation, and certification services.

Scope of Work

Accessibility Standards and Conformance

Service Provider will evaluate and remediate digital assets to conform to the following standard(s). Client selects the target conformance level(s):

WCAG 2.0 Level A    WCAG 2.0 Level AA    WCAG 2.1 Level AA    Section 508 (as referenced standard)

Payment Terms

Invoices shall be submitted to Client and are due within days of invoice receipt. Late payments shall accrue interest at per month or the maximum rate permitted by law, whichever is lower.

Term and Termination

Term Start Date:    Term End Date:

Either party may terminate this Agreement for convenience upon days' prior written notice. Either party may terminate immediately for material breach that remains uncured for days after written notice specifying the breach.

Remediation, Acceptance and Remedies

Following submission of a remediation deliverable, Service Provider shall provide a remediation period of days to correct nonconforming items identified in the acceptance testing report. Acceptance shall occur when deliverables meet the agreed acceptance criteria set forth in the Acceptance Criteria field below.

Confidentiality

Each party shall treat all non-public information disclosed by the other party in connection with this Agreement as Confidential Information. Confidential Information shall not include information that is publicly known, independently developed, or rightfully received from a third party without obligation of confidentiality. The receiving party shall use at least the same degree of care to protect Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care.

Representations, Warranties and Limitations

Service Provider represents and warrants that the services will be performed in a professional manner and that remediation work will materially conform to the selected accessibility standards as of the date of acceptance. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Except for willful misconduct or gross negligence, neither party shall be liable for incidental, consequential, punitive, or special damages. The aggregate liability of Service Provider for claims arising out of this Agreement shall not exceed the amount actually paid by Client to Service Provider under this Agreement in the twelve (12) months preceding the claim.

Subcontracting and Staffing

Service Provider may engage subcontractors to perform portions of the work provided that Service Provider remains responsible for compliance with this Agreement. Client may request reasonable information regarding subcontractors assigned to Client work.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction specified by the parties. The parties agree that exclusive venue for disputes shall lie in the courts of the selected jurisdiction unless otherwise agreed in writing.

Entire Agreement

This Agreement, including all schedules and exhibits attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, and communications, whether written or oral. No modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.

Miscellaneous Provisions

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. Notices required by this Agreement shall be in writing and delivered to the addresses provided by the parties.

Acknowledgment and Certification

By executing this Agreement, Service Provider certifies that the work performed pursuant to this Agreement will be performed consistent with reasonable industry standards for accessibility testing and remediation and that deliverables will include documentation of testing results, remediation activities, and a conformance statement identifying any remaining exceptions and the reasons such exceptions exist.

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