ADA Consulting Terms of Service

Effective Date: January 1, 2025 (Revised)

Welcome to Harsh Jadhav, CPA ("we," "us," or "our"). By engaging our Americans with Disability Act (ADA) compliance review, implementation, and hosting services (the "Services"), you ("Client" or "you") agree to these Terms of Service ("Terms"). Please read them carefully.

1. Services Provided

1.1 We provide ADA compliance services, including but not limited to:

·         Review: Analyzing one business website for compliance with ADA standards and guidelines.

·         Implementation: Making adjustments and improvements to achieve ADA compliance.

·         Hosting: Hosting services with integrated accessibility features.

2. Client Responsibilities

2.1 Access and Cooperation: You agree to provide us with all necessary access to your website, content, and related assets to perform the Services. In certain circumstances, we will need to engage with your webmaster or third-party provider to assist our team with implementing the accessibility features and tools. This may result in an additional cost to you.

2.2 Accuracy of Information: You are responsible for ensuring the accuracy of any information provided to us for the purposes of ADA compliance. If you update or make changes to the website post-implementation, there is a risk that the accessibility features will not perform as designed or will no longer be in compliance.

2.3 Compliance Oversight: While we strive to make your website ADA-compliant, your ultimate compliance responsibility remains with you as the business owner. We recommend contacting an attorney to review any specific questions or concerns you have about the ADA law and potential exposure to lawsuits. We make no guarantee that a client, customer, plaintiff, or other third party will not threaten or file legal action, even with the accessibility feature on your website in place.

2.4 ADA Compliance Tool Hosting: In most cases, at the time of implementation, we will advise you on how to improve accessibility for non-traditional users of your business website and install ADA accessibility features to improve readability. After the implementation, we will host any ADA compliance tools placed on your website to ensure they are maintained and remain functional.  It’s possible that technology may advance, or laws and regulations may be enacted that will make the tools outdated or non-compliant. In this case, we will agree to end the hosting agreement mutually. Hosting can be terminated by either party in writing (letter or email) with 30 days’ notice.

3. Fees and Payment

3.1 Fees: Fees for our Services will be outlined in a separate Service Agreement or invoice.

3.2 Payment Terms: Payment is due upon invoice receipt unless otherwise agreed upon. Late payments may incur interest at the rate of 1.5% per month.

3.3 Refunds: Fees are non-refundable once work on the Services has commenced, except as law requires.

4. Service Limitations

4.1 No Guarantee of Full Compliance: While we aim to improve your website’s ADA accessibility, we cannot guarantee full compliance due to evolving standards and interpretation of ADA requirements.

4.2 Exclusions: Our Services do not include legal advice, representation, or remediation of any existing legal claims.

4.3 Any updates required to be made to the ADA features after the implementation due to the changes in law or requested by the business owner or subsequent business owner will be assessed as a separate implementation requiring a separate implementation fee.

5. Intellectual Property

5.1 Ownership: Any tools, code, or materials developed during the provision of the Services remain the intellectual property of Harsh Jadhav, CPA, or successor business unless otherwise agreed in writing.

5.2 License: We grant you a limited, non-exclusive license to use any deliverables created for your website.

6. Confidentiality

6.1 We will protect the confidentiality of your sensitive information and will not disclose it to third parties except as required by law or with your express consent.

7. Limitation of Liability

7.1 To the fullest extent permitted by law:

·         We are not liable for any indirect, incidental, or consequential damages arising from the Services.

·         Our total liability under these Terms shall not exceed the amount paid by you for the Services.

8. Indemnification

8.1 You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from your use of the Services or your failure to maintain ADA compliance.

9. Termination

9.1 Either party may terminate these Terms with 30 days’ written notice. Upon termination, you will pay for any Services rendered up to the termination date.

10. Governing Law

10.1 The laws of the State of California govern these Terms. Any disputes will be resolved in courts located in Alameda County, California.

11. Entire Agreement

11.1 These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

12. Modifications

12.1 We may modify these Terms at any time. Notice of material changes will be provided, and continued use of the Services constitutes acceptance of the updated Terms.

If you have questions about these Terms, don't hesitate to get in touch with us.