Terms and Conditions of Use
Any communication to be made under the contract must be in writing, by registered letter with return receipt, with confirmation of receipt, or by certified email to the address firstname.lastname@example.org.
The contract is entered into for the benefit of the parties and is binding on the parties themselves, their successors in title, and their assigns.
The contract constitutes the entire manifestation of all understandings and agreements between the parties relating to the subject matter and is the sole source of rights and obligations between them, superseding and nullifying any prior oral, written, and/or implied agreements.
Any tolerance by one of the parties of the behaviors carried out by the other in violation of the provisions of this contract does not constitute a waiver of the rights arising from the violated provisions, nor the right to demand the exact fulfillment of all the terms and conditions provided therein.
The rights and remedies herein are not exclusive but are in addition to any other rights and remedies available under applicable law.
The headings of the individual clauses have been placed solely for the purpose of facilitating the reading of the contract, and therefore, no account shall be taken of them for the purposes of interpreting the same.
If any provision of the contract is deemed void or unenforceable by a court or other competent authority, such provision shall be deemed deleted from the agreement, and the remaining provisions shall remain and continue to be fully valid and effective.
- “Company”: refers to AccessiWay S.r.l.
- "Customer": anyone who purchases a service and/or a license.
- "AccessWidget Producer": AccessiBe Ltd, an Israeli company with its registered office at Derech Menachem Begin 52 6713701 Tel Aviv-Yafo – Israel.
- "AccessDashboard Producer": AccessiBe Ltd, an Israeli legal entity, with its headquarters at Derech Menachem Begin 52, 6713701 Tel Aviv-Yafo – Israel.
- "AccessWidget Software": plug-in software to enhance the accessibility of the website for which the Customer has purchased the license (hereinafter also the "Customer's Website"), offered under the AccessiWay brand. It includes all related services such as support, activation, and language versions provided through our servers and the AccessWidget Manufacturer's servers.
- "Accessibility Services: all other services offered by the Company to support the Customer in the process of compliance with regulatory accessibility requirements.
- “Consultancy”: refers to the Accessibility Service described in the Order Form.
- "Training": refers to the Accessibility Service described in the Order Form.
- “AccessDashboard Software”: management software for monitoring the accessibility of digital touchpoints, offered under the AccessiWay brand. It includes all related services such as support, activation, add-ons provided through our servers and the AccessDashboard Manufacturer's servers.
- “Order Form”: refers to the document containing the description of the license plan(s) and/or Accessibility Services purchased by the Customer.
- “Fee”: refers to the cost of the services requested by the Customer in the Order Form. "Standard": refers to the WCAG 2.1 AA level reference criteria.
- "Standard": refers to the WCAG 2.1 AA level reference criteria.
- "Website": refers to the AccessiWay website at the address https://www.accessiway.com
- “PDF Remediation Service”: refers to the Accessibility Service described in the Order Form.
- “User/s”: refers to the users browsing the Customer's Website.
- “Consumer”: refers to the individual who acts for purposes unrelated to any entrepreneurial, commercial, artisanal, or professional activity carried out.
- “Activation Cost": refers to the cost of activating the License, varying depending on the number of Licenses purchased.
- “AccessWidget Language Versions": refers to all pages other than the main language of the Customer's Website (for example, domain.com/en).
- “Standard AccessWidget Support”: refers to the support service valid for up to 10 domains which includes:
- modifications to the interface;
- the presence of a clickable element instead of the trigger;
- a customized interface icon;
- dedicated support during installation.
- “Premium AccessWidget Support”: valid for up to 10 domains, it refers to everything already included in the Standard AccessWidget Support and:
- the presence of the Tooltip;
- the presence of the Datalayer;
- the possibility to directly contact the R&D department during working hours;
- the ability to receive a response to one's ticket within 5 working hours of its opening;
- the resolution of high-priority issues within the ticketing system.
2. LIMITATION OF LIABILITY
- All limitations of liability of the Company as indicated below, as well as clauses that limit indemnities or have a legally equivalent effect to a limitation of liability of the Company, are valid and effective, except for any mandatory legal provisions, such as in the case of willful misconduct or gross negligence, even if not expressly stated.
- The Customer acknowledges that AccessiWay's total liability towards the Customer, for any reason, is limited to the Consideration net of already incurred expenses.
- Furthermore, without derogating from the above, the Customer shall indemnify the Company for any sum that the Company may incur and/or be required to bear due to the Customer's liability, including legal fees, commissions, and other costs.
- The Customer acknowledges that AccessiWay may use, in the provision of software and accessibility services, material licensed under Open Source or other types of free licenses (for example, but not exhaustively: WordPress, OpenCart, Wave, etc.). Therefore, the Customer acknowledges that, with regard to such types of material, AccessiWay has no responsibility, including scenarios of the absence of mentioned features or other defects of any kind, and in general for any direct or indirect damage incurred. The material used is provided "as is" (as it is at the time of use) without any warranty (implicit or explicit) and without guaranteeing that it is free from defects (patent or latent) or that it violates any third-party rights. The Customer agrees to accept and comply with the terms of the aforementioned licenses.
- AccessiWay is not responsible for direct, indirect, consequential, or incidental damages, special, punitive, or any type of losses (profits, contracts, data) that the Customer or the Customer's users may suffer (for example and not exhaustively) from:
- any action, information, advice, or other behavior taken by the Customer or the User towards third parties;
- willful or negligent conduct, or disciplinary misconduct by the Customer or a User;
- conduct or actions of third parties, including cyber-attacks, unwanted physical intrusions, natural or sociopolitical events;
- failures of the network and/or servers of AccessiWay or in use by AccessiWay due to fortuitous events, force majeure, or acts of third parties;
- malfunctions and/or failures of hardware and/or product, equipment, installations, and/or systems, of any kind, in use at the Customer's or User's premises, and necessary and/or useful for the operation of one or more components of the Consulting;
- malfunctions and/or unavailability and/or total and/or partial modification of configuration of services provided by third parties;
- malfunction, use and/or non-use of document templates and/or data prefill utility and/or other ancillary features made available through the Consulting;
- any form of unauthorized access and/or use of the Consulting;
- suspension and/or interruption of the internet connection service by the provider.
- In the case of purchasing the PDF Remediation Service for digital document formats, AccessiWay is in no way responsible for the content of the PDF files that will be submitted by the Customer. In particular, the Customer acknowledges, accepts, and authorizes:
- that the submitted documentation may be processed by third parties during the remediation process;
- that AccessiWay is not responsible for the treatment of the documentation subject to remediation, and therefore, the Customer agrees to indemnify and hold AccessiWay harmless from any claims for compensation.
3. ORDER CANCELLATION
- The order can be canceled by the Customer within 14 days from the dispatch of the purchase order, subject to any withdrawal fees or costs under applicable law. To cancel the order, the Customer must send an email to email@example.com, indicating their identifying information (name and surname, company name, VAT number), and the number of this Order Form.
4. AUTHORIZATION TO USE THE BRAND
- By signing this agreement, the Customer expressly authorizes AccessiWay to use the brand and logo of the Customer free of charge for promotional purposes on its website.
5. ASSIGNMENT OF RIGHTS
6. CONFIDENTIALITY AND PROMOTION
- Each party is obligated, even during the relationship, to maintain confidentiality regarding the confidential and proprietary information received and to preserve it with security measures and a degree of care not less than those applied to its own confidential information, ensuring adequate protection against unauthorized dissemination, reproduction, or use.
- In no way, therefore, is each party authorized to disclose and/or disseminate the confidential and proprietary information of the other party, committing to the utmost confidentiality and security in the processing of data, information, documents, procedures, and/or any other confidential and/or proprietary information related to the other's activities or indirectly connected to them.
7. APPLICABLE LAW AND EXCLUSIVE JURISDICTION
Last updated: 14/09/2023
For further information and clarifications, contact: firstname.lastname@example.org
SOFTWARE TERMS AND CONDITIONS OF USE:
AccessiWay markets and distributes licenses for "Saas" (Software as a Service) under the specific authorization of AccessiBe Ltd, an Israeli company registered under no. 51-585530-2, holding intellectual property rights to the software, AccessiWay Systems, and owner of the servers through which the licensed "Saas" services are provided.
The software itself aims to enhance the accessibility of websites to make them partially compliant with WCAG 2.1 AA standards.
- This Saas License Agreement is a contractual agreement between the Company and the Customer (an individual or legal entity), whereby the Customer purchases a License for the AccessWidget Software to incorporate the final user interface (or plug-in) on the Customer's website with AccessWidget Software.
- The Customer declares and accepts that once the script is incorporated into the Customer's Website, no further use of the script and/or License can be made for any other domain or any other website managed by the Customer other than the Customer's Website. The Customer will be required to purchase a new dedicated License from the Company for any other website.
2. LICENSE USE DURATION AND RENEWAL
- The contract's duration (described in this Order Form as "Duration") will start from the License activation date, and in any case, no later than 30 days from the signing of this Order Form, and will automatically be renewed for an equal period, unless canceled at least 60 days before the solar expiration date, by sending a termination form available at this link to the address email@example.com.
3. USE OF ACCESSWIDGET SOFTWARE
- The License and its use can only be made by the Customer in accordance with the rules established below, unless prior written consent is obtained from the Company, and in any case, in a manner that is not illegal, immoral, or contrary to public order.
- The AccessWidget Software is compatible only for use by Customers on the following operating systems and browsers: Chrome, Safari, Android, and iOS (from Android 8 and iOS10 onwards). The functionality of the AccessWidget Software requires that the Customer's Website where it is embedded is a website based exclusively on HTML files and tags; the Customer is aware and accepts that any changes made to their website may affect the functionality of the AccessWidget Software.
- The Customer is aware that any updates to the operating system and/or browser may cause functionality issues that AccessiWay commits to resolve as quickly as possible. For example, the AccessWidget Software does not support other components such as Canvas, Flash, and/or SVG. The Customer acknowledges that the following elements are not supported by the AccessWidget Software: (i) URL parameters that are not treated as pages, files, and/or images; therefore, if you have URLs that can only be accessed through URL parameters, the user acknowledges and accepts that the AccessWidget Software will not process them (i.e., they will not be made accessible); (ii) documents, PPT, EXCEL, WORD, PDF, audio, video, SVG, embedded content; and (iii) Canvas, Flash. If you want these types of files and content to be made accessible on your website, we have additional services that may suit your needs. Contact us at firstname.lastname@example.org, and we will be happy to assist you with these paid services. More information on these services is available here: https://www.accessiway.com/it-consulting.
- It is not possible: (i) to copy, modify, create derivative works of the AccessWidget Software; or (ii) to assemble, decompile, decode, or otherwise attempt to influence or derive the source code of the AccessWidget Software or its services (or the underlying ideas, algorithms, structure, or organization).
- The Customer may not violate or compromise, in any way, any existing intellectual property rights in the AccessWidget Software, including, for example, copyrights, patents, trademarks, or any other rights belonging to the Company or third parties.
- The Customer, unless they have purchased Standard and/or Premium AccessWidget Support, does not have the right to modify any element of the AccessWidget Software (for example and not exhaustively, the clickable element in place of the trigger, the icon, the custom interface, the shape of the custom button, the modification to the interface's footer link) nor can they modify the graphic interface provided in any way or remove the wording "Accessiway. The Web Accessibility Solution" and the associated link.
- The Customer is not allowed to transfer and/or sell and/or assign their License to third parties in whole or in part.
4. WEBSITE ACCESSIBILITY, SUPPORT, AND CUSTOMER TECHNICAL SERVICE
- The Company commits that, within 48 hours from the date the AccessWidget Software is incorporated into the Customer's Website, the latter will become substantially compliant in line with the provisions of the Standard. However, due to reasons arising from the Customer's Website and/or changes and updates that may be made from time to time by the Customer and/or their representatives and/or for other reasons beyond the Company's control, the Customer's Website may not be accessible within the aforementioned 48-hour period or at a later time.
- The Company exclusively provides Customers with technical support services during regular working hours (from Monday to Friday, 10:00 AM to 6:00 PM) and via live chat on the Website. Such services include, but are not limited to, assistance with the operation of the AccessWidget Software, solutions to its malfunctions, assistance with the use of the Customer's personal account, technical and operational issues related to payments and/or the purchase of Licenses, or, in general, the completion of orders.
- The Customer commits to ensuring that their users promptly inform the Company about any malfunction or issue encountered with the AccessWidget Software through email at email@example.com and via live chat on the Website. Upon receiving such a report, the Company commits to investigating the malfunction promptly.
- The Company will make its best efforts to resolve malfunctions of the AccessWidget Software in the shortest possible time. If the necessary technology to address an issue does not exist, or its implementation is not feasible, the Company commits to documenting the problem in its archives and resolving it once it becomes technologically possible, in accordance with the Company's commitments to the Customer.
- The Company does not commit to handling and/or resolving malfunctions or issues originating from the Customer's Website. In no case will changes be made to the code in the Company's systems and/or platforms to cater to the specific needs of a Customer's Website.
5. LIMITATION OF LIABILITY
- The Company reserves the right to update the service at its discretion, which may result in a temporary interruption of said service. The Company has no control over malfunctions that may occur as a result of updates, especially in the case of malfunctions arising from services provided by third parties that affect updates, but guarantees a prompt intervention aimed at resolving them.
- The Customer is aware that the Website, all communications with Company representatives, and the use of the AccessWidget Software do not constitute the provision of legal advice and cannot be invoked for any legal purpose, as they do not replace legal advice.
- The Customer acknowledges that the installation or use of the AccessWidget Software cannot guarantee that third-party claims or disputes regarding the accessibility of the Customer's website will not arise. The incorporation of the AccessWidget Software into the Customer's website does not, by itself, satisfy all the requirements of applicable law related to website accessibility (for example, the AccessWidget Software does not correct PDF files, nor does it create subtitles for videos, nor does it act on elements not contained within the HTML code of the website on which the license is installed). The list of requirements not guaranteed by the AccessWidget Software is available at this link. For this reason, the Customer irrevocably waives any claim or action of any nature (judicial and/or extrajudicial) against the Company and, therefore, the Customer will not assert any claim against the Company in this regard (including any Litigation Support if provided).
- The Customer is aware that, as a security measure, if they request the decryption of more than 10,000 images and/or links for a website within the same month, the AccessWidget Software will block these excessive decryption requests, and the Company will contact the Customer asking them to decrypt all the images/links on their website. The Company will make reasonable efforts to instruct the Customer on how to decrypt these images/links. If the Customer is unable or unwilling to implement the Company's instructions, the Customer may notify the Company that they wish to withdraw from the contract. In such a case, the Company will refund the Customer a pro-rata portion of the license fee paid in relation to the Customer's Website Services, proportional to the remaining duration of the License.
- The Customer is aware that the Company does not treat URL parameters as pages, files, and/or images. The Customer is responsible for ensuring that all pages, files, and/or images on their website are accessible via a standard URL. In any case, before processing any page, file, and/or image, the AccessWidget Software omits all URL parameters, so that pages, files, and/or images that are only available via URL parameters will not be processed by it.
- The Customer is aware that the installation of the AccessWidget Software must be done directly within the HTML BODY tag of the Customer's Website, and the installation code must appear in the browser's "View Source" function. The installation of the AccessWidget Software can be done through: (i) the use of a plug-in, (ii) the direct use of the installation code, (iii) the use of a third-party script manager, or (iv) the use of any other means, provided it meets the requirements mentioned above. The Customer is aware that installing the AccessWidget Software in ways other than those described here may cause malfunctions in some parts of it.
- The Customer is aware that Geo-Blocking may prevent the proper functioning of the AccessWidget Software. "Geo-Blocking" means: (i) the Customer's Website is not accessible from certain geographic locations, or (ii) the Customer's Website redirects to a different website based on the user's location.
- It is the sole responsibility of the Customer to verify, before using the AccessWidget Software, the integrity of the connectivity of the Customer's Website and the server on which it is stored to the internet network and the Customer's infrastructure (phone, computer, etc.), for which the Company assumes no responsibility.
- The Company is not in any way responsible for the content of documents and/or graphic files and/or other data on the Customer's Website (including material and/or documents covered by copyright, patents, trademarks, texts, images, PPT, EXCEL, WORD, PDF attachments, audio, video, VIMEO or YouTube files or files from any other video provider, and any other file of any kind) of which the Customer is solely responsible and declares to own the respective rights. The Customer undertakes to indemnify and hold the Company harmless for any damage, loss, or burden of any kind that may arise from the Customer's Website, its content, and, in general, the activities of the Customer and its users.
- The Customer will be solely responsible for the content that appears on the Customer's Website and for its compliance with applicable regulations, including those related to website accessibility. Without derogation, the Customer acknowledges that the verification of compliance with applicable regulations requires the consultation of a legal or technical expert, an additional service that must be requested from Accessiway but is not included in this License.
- Without prejudice to the above exemption and limitation of liability, under no circumstances will the Company be liable, and the Customer exempts the Company from any liability and/or obligation and/or claim arising before the completion of the accessibility rendering process on the Customer's Website through the use of the AccessWidget Software.
- The Customer agrees to incorporate the AccessWidget Software into a staging or test website before installing the system on the Customer's Website and, only after verifying that there are no malfunctions or damages caused to such website, to incorporate the AccessWidget Software into the Customer's Website accessible to users. Anything not expressly indicated and/or regulated in the conditions that apply in the case of the purchase of an AccessWidget license under this contract is not included in the License.
Last update: 04/09/2023
For further information and clarifications, please contact: firstname.lastname@example.org