ADA Compliance Certification Agreement and Terms - Updated 12/01/2017

Global Presence Network ADA Compliance Certification and Guarantee Agreement

Payment of invoice demonstrates agreement with the ADA Compliance Terms.

Please download and print a copy for your records. This agreement has been updated 10/1/2017.

1. Definitions.

As used in the Full Agreement, the following terms shall be as defined below:

 

1.1

 

Access Laws means the Americans with Disabilities Act and any applicable laws of any state, county or municipality relating to accessibility for persons with disabilities to places of public accommodation, any regulations or guidelines promulgated pursuant to those statutes, or any other applicable disability laws, regulations, or legal requirements, including, without limitation, Florida Civil Codes.

Florida The Florida Civil Rights Act of 1992 is intended to “secure freedom” from disability-based discrimination, among other forms of discrimination, for all Floridians. It seeks to protect individuals’ “interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.” Fla. Stat. Ann. §760.01 (West’s 2009).

The legislature later adopted a separate statute declaring that an individual with a disability is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations. Fla. Stat. Ann. § 413.08(2).

Protected Class: “Individual[s] with a disability” is defined as persons who are deaf, hard-of-hearing, blind, visually impaired, or otherwise physically disabled. Fla. Stat. Ann. § 413.08(1)(b).

Rights: An individual with a disability “is entitled to full and equal accommodations, advantages, facilities, and privileges in all public accommodations.” Fla. Stat. Ann. § 413.08(2).

In almost identical language, the Florida Civil Rights Act, to be liberally construed “according to the fair import of its terms,” states that individuals are entitled to “the full and equal enjoyment of…goods, services, facilities, privileges, advantages, and public accommodations” without regard to disability and other bases of discrimination (race, ethnicity, sex, etc.). Fla. Stat. Ann. § 760.08.

Disability Rights and Public Accommodations: State-by-State Page 9 of 26 Covered Entities: The enumerated public accommodations include: common carriers and public modes of transportation; hotels, motels and other lodgings;4 restaurants and food retailers;5 gas stations; theaters, concert halls, sports arenas and other places of exhibition or entertainment. Fla. Stat. Ann. § § 413.08(1)(c) & 760.02(11).

Source: http://adasoutheast.org/publications/ada/public_accommodations_disability_rights_state-by-state_Final.pdf

1.2

Access Standard means the standard for web accessibility as defined in Section 3.1.

1.3

Client Site means the homepage of (Client Organization Name) Public Site and all pages, content, and services available from the individual client center (Client Organization Name) to which clients/customers are directed after they log-in.

Client Site does not include any website that (Client Organization Name) does not operate or control or any webpage that does not contain the URL  (www.yourdomain.com).

1.4

Public Site means the set of public facing pages that can be accessed by any web user, even if the user does not have a (Client Organization Name) website account. The (www.yourdomain.com) Public Site is designed to provide potential clients with an overview of (Client Organization Name)  product and service offerings. Account-specific and transactional capabilities are in the (Client Organization Name) Client Site.

1.5

Third-Party Content means web content that is not developed or owned by (Client Organization Name) and consultant Global Presence Network.

2. Duration and Scope of ADA Compliance Agreement.

The terms of the ADA Compliance Agreement shall remain in effect for the duration that the client remains current with payments in their consultation maintenance plan with Global Presence Network. See plans here: https://globalpresence.org/plans. Global Presence Network assumes legal responsibility within the limits of this Full Agreement for the ADA Compliance of (Client Organization Name) website: (www.yourdomain.com).

3. Provisions Regarding Accessibility of the Client Site.

3.1 Access Standard.

Except as otherwise provided herein, and pursuant to the time frames specified below, Global Presence Network will use good faith efforts to ensure that  (Client Organization Name) website: (www.yourdomain.com) substantially satisfies Web Content Accessibility Guidelines (WCAG) 2.0, Level A and AA Success Criteria. The Parties recognize that some WCAG 2.0 Level A and AA Success Criteria address features or design elements that may not be used on the (www.yourdomain.com) and in such circumstances compliance with those Success Criteria is not required.

3.2 Accessibility Timeline.

3.2.1 Accessibility Improvements. Global Presence Network will use good faith efforts to meet the Access Standard on the pages of the (Client Organization Name) from the first phase of development and while the website is published and live.

3.2.2 Additional Milestones. Throughout the term of this Agreement, Global Presence Network will make steady progress towards achieving and maintaining WCAG 2.0 Level AA Success Criteria

3.2.3 Timeline Modifications. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting the accessibility timeline set forth in the timeline phase proposed. Therefore, in the event that Global Presence Network determines that it is necessary to extend any deadline(s) set forth herein for a period of thirty (30) days or less, Global Presence Network shall notify (Client Organization Name) of the new deadline in writing. If Global Presence Network proposes to extend any of those deadlines for a period of more than 30 days, Global Presence Network will provide (Organization Name)l with the new proposed deadline(s), and the reason(s) for the extension in writing, and the Parties will negotiate about the new deadline in good faith. Disputes regarding a requested extension of more than thirty days will be resolved in writing or recorded a phone conversation.

3.3 Third-Party Content.

Global Presence Network only obligations under this Agreement with respect to Third-Party Content are the following:

3.3.1 Testing and Communications with Third Party Vendors. While meeting the timelines set forth in the proposed agreement, Global Presence Network will test Third-Party Content on the (Client Organization Name) Client Site to determine if it meets the Access Standard. Where Global Presence Network finds content that does not satisfy the Access Standard, or where Claimant notifies (Client Organization Name) of such content, within thirty days (Client Organization Name) will request in writing that third parties supplying the web content to (Client Organization Name) bring their content into conformance with the Access Standard. (Client Organization Name) will request a written response within thirty (30) days from its vendors.

3.3.2 If (Client Organization Name) is notified that a third party vendor will not bring its content into conformance with the Access Standard, (Client Organization Name) will use good faith efforts to find an alternative vendor that provides the content that is in compliance with the Access Standard subject to (Client Organization Name) existing contractual obligations to the third party vendor. (Client Organization Name) will not be required to violate any confidentiality or non-disclosure agreements for any purpose with the third party. But, if the third-party does not bring their website into conformance with the Access Standard and (Client Organization Name) continue to provide a link or integration with their website,  (Client Organization Name) shall assume all legal and financial responsibility for non-compliance litigation and not hold Global Presence Network responsible in any way.

3.3.3 New Third Party Content after the Effective Date. If, on or after the Effective Date of going live, (Client Organization Name) issues requests for proposals for development or inclusion of Third-Party Content on the (Client Organization Name) Client Site from Global Presence Network, (Client Organization Name) will include compliance with WCAG 2.0 Level A and AA Success Criteria as a requirement in all such requests for proposals and vendor contracts. (Client Organization Name) will use good faith efforts with the consultation of Global Presence Network to select Third-Party vendors who can meet this criterion in addition to other criteria in the request for proposals and vendor contracts.

3.3.4 Nothing in this Agreement shall preclude (Client Organization Name) from including Third-Party Content on the (www.yourdomain.com) Client Site – even if such content does not satisfy the Access Standard – provided that (Client Organization Name) complies with the terms releasing Global Presence Network of legal and financial responsibility. Global Presence Network will inform in writing of Third Party Content on the (Client Organization Name) Client Site that does not comply with the Access Standard to the extent (Client Organization Name) is aware of such content.

3.3.5 Third Party Discontinuance. Global Presence Network will use good faith efforts to ensure its recommended vendor provides website content in a format that meets the Access Standard. If, despite Global Presence Network good faith efforts its vendor does not provide website content in a format that meets the Access Standard, Global Presence Network will discontinue contracting with vendor immediately.

3.4 CAPTCHAs.

If any Completely Automated Public Turing Test to Tell Computers and Humans Apart or similar visual or textual Turing or reverse-Turing verification test (referred herein as “CAPTCHA”) is used on the (Client Organization Name) Client Site, Global Presence Network will incorporate an alternative security measure that is accessible to and usable by Persons with Visual Impairments. Global Presence Network will test the alternative security measure to ensure that it is accessible to and usable by persons with visual impairments. Such testing will occur as soon as practicable after Global Presence Network determines that a CAPTCHA will be used. Global Presence Network will include a message with any CAPTCHA that is used directing users who cannot access the CAPTCHA to a Global Presence Network contact who can provide assistance.

3.5 Enforcement.

A failure by Global Presence Network to meet its obligations under this Agreement will not constitute a violation of this Agreement unless and until the following procedures are exhausted:

3.5.1 (Client Organization Name) will notify Global Presence Network in writing (the “Notice”) when (Client Organization Name) or a Claimant believes there is any aspect of the (www.yourdomain.com) Client Site that does not substantially satisfy the Access Standard, or when (Organization Name),  Claimant or Counsel has received information regarding such a page or content from someone not a party to this Agreement.

3.5.2 Within thirty (30) days of receiving a Notice under section 3.5.1, Global Presence Network shall respond in writing to the Notice. Within thirty (30) days of (Organization Name), or Claimant’s receipt of Global Presence Network response to the Notice, the Parties will meet by telephone in an attempt to informally resolve the issue.

3.5.3 If the issue remains unresolved after the actions were taken in Section 3.5.2, the dispute shall be handled pursuant to the procedures set forth in Section 9 of this  Agreement. Nothing in this Section precludes the Parties from agreeing to take additional actions to resolve the dispute prior to invoking the procedures set forth in Section 9.

4. Monitoring and Reporting.

4.1 Mutually Agreed Upon Consultant.

As part of the monitoring process of (www.yourdomain.com), (Client Organization Name) hired Global Presence Network as a consultant to assist it in improving the accessibility of the (www.yourdomain.com). Except as provided herein, (Client Organization Name) will maintain an exclusive contract with Global Presence Network as their consultant throughout the term of this Invoice Agreement to assist in implementing a website that meets WCAG 2.0 Level A and AA Success Criteria. If  (Client Organization Name) decides to replace the consultant they shall provide a 30-day notice.

4.2 Status Reports.

Every six months, Global Presence Network will provide (Client Organization Name) with a status report of its (www.yourdomain.com). At the request of either Party, the Parties will meet by telephone within four weeks of receipt of the Status Report to discuss any matters addressed in the report.

4.3 Automated Compliance Tool.

Global Presence Network will use an automated compliance tool to help it assess accessibility issues on the (www.yourdomain.com).

4.4 Claimant Testing.

Global Presence Network will meet with (Client Organization Name) in person or by web meeting to enable Global Presence Network to demonstrate to (Client Organization Name) their experience with portions of the (www.yourdomain.com). Global Presence Network will consider in good faith (Client Organization Name) suggestions provided at these meetings that are consistent with the terms of this ADA Compliance Agreement.

4.5 Customer Feedback.

Global Presence Network will develop or revise as necessary internal procedures to ensure that (1) customer feedback on website accessibility will be routed to appropriate personnel, and (2) Global Presence Network will provide a response to the customer in a timely manner. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting customer feedback and support tickets despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend the project, or support ticket deadlines for a period of (5) to thirty (30) days, Global Presence Network will notify (Client Organization Name) of the new deadline in writing. Global Presence Network will notify (Organization Name), or/both Claimant in writing when the procedures are in place and will provide a brief summary of the procedures.

5. Client Public Site.

The Parties anticipate that the enhancements made to the (www.yourdomain.com) under this Agreement will also enhance accessibility. When needed parties will meet by telephone to discuss any remaining accessibility issues and plans for remediating those issues.

6. Information.

Global Presence Network will post an Accessibility Information page that will be accessible from the global footer across (www.yourdomain.com). The page will describe the materials and services available to individuals with disabilities. On the Accessibility Information page, Global Presence Network will provide a telephone number and an online method (web form or email address) through which users can notify Global Presence Network about web accessibility concerns.

7. Training of Client’s Personnel.

7.1

Telephone Customer Service: Global Presence Network will ensure that all calls concerning website accessibility will be routed to designated personnel. The designated personnel shall receive the training described in this section (the “Training Program”) no later than (30) days. The Parties recognize that Global Presence Network may encounter unforeseen complications in meeting this deadline despite good faith efforts. Therefore, in the event that Global Presence Network determines that it is necessary to extend this deadline for a period of thirty (30) days, Global Presence Network will notify  (Client Organization Name) of the new deadline in writing. The Training Program will be designed to enable that designated personnel to assist blind and visually impaired customers with using the (www.yourdomain.com). At a minimum, such training will include information about (i) (Client Organization Name) general plan and timetable for making access improvements to the (www.yourdomain.com); (ii) the types of assistive technology used by blind and visually impaired web users; (iii) the fact that many visually impaired computer users rely solely on a keyboard, and do not use a mouse, to navigate a website; and (iv) internal (Client Organization Name) procedures for addressing web accessibility complaints. (Client Organization Name) will work with Global Presence Network in preparing the training, and will provide Customers or Interested Parties with a copy of the training materials as part of its status reports. New designated personnel will receive the training via online live or on-demand within 45 days after their starting date. The training is not included in the standard plans (See: https://globalpresence.org/plans) and will incur the standard per hour fee.

7.2 Web Development Staff:

Global Presence Network will provide accessibility training for all (Client Organization Name) employees responsible for ensuring that the (www.yourdomain.com) meets the Access Standard. Global Presence Network will prepare the training in collaboration with (Client Organization Name) to ensure it meets both external Accessibility compliance standards and (Client Organization Name) internal organization standards.

8. Joint Press Release.

On an agreed upon date, but no later than 12 months after the website has been completed and operating, (Client Organization Name) and Global Presence Network will jointly issue a press release announcing (Client Organization Name) accessibility initiative as described in this Agreement. Global Presence Network will draft the joint press release in collaboration with (Organization Name). If the Parties cannot agree on the language of a joint press release, either Party may issue its own press release provided that it is shared with the other Party at least three business days prior to issuance and provided that the release is consistent with the terms of this Agreement and reflects the Parties’ collaboration. The Parties agree not to issue any press release related to this ADA Compliance Agreement except as described in this Section.

9. Procedures in the Event of Disputes.

9.1 Notice of Non-Compliance.

If a Party believes that the other Party has not complied with any provision of the Full Agreement, that Party shall provide the other Party with a Notice of Noncompliance containing the following information: (i) the alleged act of noncompliance; (ii) a reference to the specific provision(s) of the Agreement or Confidential Addendum that are involved; (iii) a statement of the remedial action sought by the initiating Party; and (iv) a brief statement of the specific facts, circumstances and legal argument supporting the position of the initiating Party.

9.2 Response.

Within forty-five (45) days of receipt of a Notice provided pursuant to Section 9.1, the non-initiating Party shall respond to the initiating Party in writing.

9.3 Meet and Confer.

Within four (4) weeks after the response described in Section 9.2, the Parties shall informally meet and confer and attempt to resolve the issues raised in the Notice.

9.4 Submission to Mediation/Binding Arbitration.

9.4.1 If the matters raised in a Notice of Noncompliance provided pursuant to Section 9.1 are not resolved within forty-five (45) days of the initial meet and confer required by Section 9.3, they shall be submitted to non-binding mediation before a mediator jointly agreed upon by the Parties.

9.4.2 If the dispute is not settled in mediation, it shall be submitted to binding arbitration before a mutually agreed upon arbitrator who will follow expedited rules and procedures as agreed upon by the Parties. The hearing will be held as soon as practicable after the submission to arbitration, and the Parties agree to request a written decision on the matter within sixty (60) days of the last hearing date.

10. Communication to Parties.

 

Any notice or communication required or permitted to be given to the Parties under this Full Agreement shall be given in writing by email and United States mail, addressed as follows:

 

To: (Organization Name)

Organization Mailing Address

Organization Email Address

 

To Global Presence Network:

Jack Hakimian

President,

8362 Pines Blvd. #116

Pembroke Pines, FL 33024

This email address is being protected from spambots. You need JavaScript enabled to view it.

 

11. Modification of this Agreement

11.1

No modification of the Agreement shall be effective unless in writing and signed by authorized representatives of each Party. 

11.2

Modification Based on Change of Law or Regulations: If, after the Effective Date, either Party believes that there is a change in any applicable law or regulation which requires a modification of this Agreement because it imposes a different obligation than provided in this Agreement, the Party shall notify the other Party in writing. The notification will include the way in which the Party contends the Agreement should be modified as a result of the change in law or regulation. The proposed modification will become effective thirty (30) days after such notification unless the other Party objects in writing to the proposed modification. In the event of disagreement between the Parties over the appropriate modifications to this Agreement as contemplated by this Section, the Parties shall meet and confer and shall work together in good faith to resolve the disagreement. Failure to reach an agreement during such meet and confer shall be considered a dispute to be resolved pursuant to the Procedures in the Event of Disputes in Section 9 of this Agreement.

12. No Other Representations.

The Parties to the Full Agreement warrant that they are acting upon their independent judgment and upon the advice of their own counsel and not in reliance upon any warranty or representation, express or implied, of any nature or kind by the other Party, other than the warranties and representations expressly made in this Full ADA Compliance Agreement and Certification.

13. Agreement Has Been Read.

The Full Agreement has been carefully read by each of the Parties or their responsible officers, and its contents are known and understood by each of the Parties. The Full Agreement is signed freely by each Party executing it.

14. Assignment.

No Party to the Full Agreement has heretofore assigned, transferred or granted, or purported to assign, transfer or grant, any of the claims, demands, or cause or causes of action disposed of by the Full Agreement.

15. Binding on Assigns And Successors.

The Full Agreement shall bind any assigns and successors of the Parties who have the right to implement the actions required.

16. Force Majeure.

The performance of Global Presence Network under this Full Agreement shall be excused during the period and to the extent that such performance is rendered impossible, impracticable or unduly burdensome due to acts of God, strikes or lockouts, or unavailability of operable parts, equipment or materials through normal supply sources. If Global Presence Network seeks to invoke this Section, it shall notify  (Client Organization Name) in writing as soon as reasonably possible, specifying the particular action that could not be performed and the specific reason for the non-performance.  (Client Organization Name) and Global Presence Network will thereafter meet and confer regarding an alternative schedule for completion of the action that could not be performed, or an alternative action. Any dispute regarding the applicability of this Section, or any future action to be taken, that remains after the meet and confer session will be handled as a dispute pursuant to Section 9 of this Full Agreement.

 

17. Authority for Execution.

The persons executing the Full Agreement each represent and warrant that he or she has the authority to enter into the Full Agreement, and to resolve the matters set forth in the Full Agreement, on behalf of the Party for whom he or she is executing the Full Agreement, and that no further approval is necessary in order for the Full Agreement to be binding on the Party for whom he or she is executing.

18. Integrated Agreement.

The Full Agreement constitutes the entire agreement relating to the subject matters addressed therein.

19. Rules of Construction.

Each Party has reviewed the Full Agreement, and any rule of construction to the effect that ambiguities are construed against the drafting Party shall not apply in the interpretation or construction of the Full Agreement. Section titles used herein are intended for reference purposes only and are not to be construed as part of the Full Agreement. The Recitals are integral to the construction and interpretation of the Full Agreement and are therefore incorporated into the Full Agreement in their entirety.

21. Payment As Agreement.

Payment of invoice demonstrates agreement with the ADA Compliance Terms. Each Party agrees to the terms of this ADA Compliance Agreement by making and receiving payment. Please print this agreement for your records.

 

PARTIES

 

  • Global Presence Network Signature
  • Client Organization