Terms of Service

Key Terms

• ‘User’: Any person that has registered and makes use of the Services.
• ‘Accessibility’: Refers to the accessibility standards and guidelines that are followed by the Company to make the documents accessible.
• ‘Accessibility Guideline’: Is the accessibility guideline that the Company is working with to meet compliance under applicable laws. The user can choose the guideline as per their requirement. The options provided to the user include Web Content Accessibility Guideline 2.0, Web Content Accessibility Guideline 2.2, PDF/UA-1, and HHS Guideline.
• ‘Orders’: Are the formal agreement between Users and the Company to undertake the Services.
• ‘Wallet Credits’: Are the funds added to their account by the User in advance that can be utilized while placing the order.
• ‘Subscriptions’: Are the plans offered by the Company that will be recurring on a yearly basis and based on the subscription, the Users will have access to the features offered by the Company from time to time.
• ‘Disputes’: Are disagreements experienced during an order between a User and the Company.

User Roles

• ‘PAYG User’’: A single User can upload documents using the Pay-As-You-Go subscription. A PAYG User will make the payment at the time of upload or add funds to their wallet which can be utilized to place the order.
• ‘Root Admins’: Are the main users within Premium and Enterprise subscriptions. They are responsible for the billing and payments. Root Admins under the Premium Subscription can add funds to their wallet that will be used by the Admin and/or their Users to place orders.
• ‘Admin’: Within Premium and Enterprise subscriptions can upload documents to be made accessible and create user’s but will require approval of their orders from Root Admins.
• ‘Company Users’: Within Premium and Enterprise subscriptions can only upload documents to be made accessible. They do not have their own wallet, and would require approval from their Root Admins for their order to be placed. They cannot add other User’s.

Overview (Main terms, in a nutshell)

• Users can register on the Site for free through a valid corporate email address.
• A Pay-As-You-Go subscription can be used by a single User.
• Root Admins/Admins can create as many Company Users as they require, subject to a maximum limit as the Company deems fit, based on the Subscription plan from time to time.
• Admins/Company Users can place orders that need to be approved by the Root Admin.
• A User can upload documents to be made accessible on the Site through the ‘Upload’ screen.
• All the documents uploaded on the Site have to meet the specifications set out by the Company in this regard from time to time.
• A User can choose between normal, expedited, or rush delivery for their uploaded documents.
• Users will be provided an estimated date of delivery and the final cost of remediating the documents prior to payment of the order.
• Upon completion of Services by the Company, the Company will inform the Users via email about the status of their Order. The User can then login to the Site and download the accessible file.
• Based on the subscription type, the accessible file will be available for download for such period as communicated to you by the Company. Upon expiry of such period, the file will be deleted and the Company shall not entertain any requests for retrieving such file or provision of Services in respect thereof.
• The Company shall follow the process set out below in the course of performing its Services:
  • The document will be made accessible as per the techniques under the Users chosen guideline.
  • The Company will write the alternate text for the images in the document.
  • The Company will test the accessible documents with a screen reader tester to ensure that the document meets the accessibility standard and guidelines.
  • The Company will change the name of the document and append ‘accessible’ as a prefix to the filename.
  • The Company will, at all times, only make the documents accessible and the contents of the document will not be altered or changed in any manner whatsoever.
• On receiving the delivery of the accessible document, the User should check the accuracy of the accessibility and can make a request for a modification, if required, as per the terms set out below.

Subscriptions & Credits

• Users can make payments either through Visa, Mastercard, and American Express cards.
• All Users registered on the Site shall be construed as Users under the Pay-As-You-Go subscription unless they choose to purchase a Subscription.
• Users under the Pay-As-You-Go and Premium shall have the option of either paying when they upload a document, or utilizing funds added to their wallet prior to uploading a document.
• Users under the Enterprise Subscription will be invoiced for all Orders placed monthly. They can make the payment of the invoice through wire transfer or a payment link using Visa, Mastercard, or American Express.
• The Wallet Credits will be displayed on the billing screen of the User's account.
• Users requiring larger volumes can either buy the Premium Subscriptions on the Plans & Pricing Page, or email us at sales@247accessibledocuments.com for a quote on volume pricing for an Enterprise Subscription.
• Premium Subscriptions will renew automatically on an annual basis.
• Enterprise Subscriptions will renew upon receiving confirmation from the Root Admin prior to the expiry of the subscription.
• If a User cancels the Subscription, the wallet balance will remain unchanged.
• The Company shall notify the User at least 30 days prior to the renewal date of the Subscription.
• An order cannot be cancelled by a User once it has been placed.
• Refund policy: Requests for a refund of subscription amounts will not be entertained. In the event of an improper/unsuccessful conversion, the Users shall be entitled to the cost of the order being provided as Wallet Credits.
• To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from the Users. Such information provided to the payment vendors shall be subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

Request Modifications

• If an Order has been delivered/completed, Users can request a modification within 3 working days of the delivery date (i.e., the date when the Company intimation is sent to the User).
• Request for modifications will be considered by the Company only if it relates to:
  • Alternate text for images or
  • Tag structure of the document.
• The Company shall carry out only one round of iterative changes without any additional charges.
• All modification requests will be delivered within 2 working days from the date of acceptance of such modification request by the Company.

Estimated Date of Delivery

The Estimated Date of Delivery is calculated according to the type of the document, size of the document, and the delivery option chosen by the User. If a document is not ready on the date of delivery due to unforeseen challenges in the document, then the Company reserves the right to notify the User of the revised delivery date.

Document Copyright & Ownership

The Company does not verify the ownership or the intellectual property (including copyright) comprised in the document. All accessible versions of uploaded documents delivered by the Company will be deemed a “work made for hire.”

Cancel a Subscription

A User can cancel a subscription at any time. When a User cancels a subscription, the Users Wallet Credits will remain unchanged.

Clarification from User

As far as possible, the Company will meet the accessibility requirements. If clarifications are required from the User, our team reserves the right to seek clarifications from such User.

Considering the time required to receive a response from the User, the estimated date of delivery of the Services by the Company may change accordingly and the User, will be notified of the new date of delivery.

Availability, Errors and Inaccuracies

The Company constantly updates its offerings of products and support services on the Services. The products or support services available on the Services may be mispriced, described inaccurately, contain typographical errors or be unavailable, and we may experience delays in updating information on the Site and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time as we deem fit, without prior notice.

As a result of high internet traffic, transmission problems, system capacity limitations and other problems, you may at times, experience difficulty in accessing the Site or communicating with us through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Site can experience unanticipated outages or slowdowns, or have capacity limitations. The Company does not guarantee continuous, uninterrupted or secure access to the Site.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you wish to participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion are in conflict with these Terms, the Promotion rules will apply with regard to the Promotions.

Links To Third-Party Sites

The Services may contain links to third-party web sites, payment vendors or other services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services or any link contained therein. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage, costs, expenses or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. Use of the links to third-party websites or services and access to such hyperlinked websites are entirely at your own risk. We reserve the right to provide such links as we deem fit, on our Site, for your convenience. However, we shall not be considered to be associated or affiliated in any manner whatsoever with any trade or service marks or logos or any intellectual property right appearing on such third-party websites

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you may visit through the Site.

User Conduct

You agree to not host, display, upload, modify, publish, transmit, update or share any information on the Site that:

• Belongs to another person and to which you do not have any right to;
• Is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
• Harms minors in any way;
• Infringes any patent, trademark, copyright or other proprietary rights;
• Violates any law for the time being in force;
• Impersonates another person;
• Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
• Threatens public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

Additionally you agree to abide by the following terms:

• You cannot modify, adapt or attempt for an unlawful access of Services or build any other third party service or website that falsely represents the Company.
• Verbal, physical, written or other abuse of any customer, employee, member, or officer of the Company may result in immediate account termination including legal action against you.
• You will not gain unauthorized access to our Site or Services, or our computer systems or networks connected to our Site, through hacking, password mining or any other means.
• You will not otherwise do anything that is not expressly permitted by the Terms.
• You will be responsible for safeguarding your password and account information for continued use of the Services. You agree to take sole responsibility for any activities or actions undertaken by using your account. In case of any unauthorized access, please notify the Company in writing immediately. The Company will make best efforts to block your account or the activity of the unauthorized user. The Company will not be liable in any manner for any loss or damage caused to you by result of unauthorized use of your account on the Site.

CONFIDENTIALITY

For the purposes of this Section, each of User and Company may be referred individually as a ‘Party’ and collectively as ‘Parties.’

• Definition of Confidential Information: “Confidential Information” of a Party, will mean any and all technical and non-technical information disclosed by such Party (the “Disclosing Party”) to the other party (the “Receiving Party”), which may include without limitation: (a) patent and patent applications; (b) trade secrets; (c) algorithms, concepts, drawings, formulae, ideas, inventions, knowhow, models, processes, software programs (whether in object or source form), techniques, works of authorship, and proprietary and confidential information, related to the current, future, and proposed products, services and technology of the Disclosing Party, such as, but not limited to, information concerning research, experimental work, development, design details and specifications, technology, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, and marketing plans; or (d) all other information that the Receiving Party knew, or reasonably should have known, was the Confidential Information of the Disclosing Party.
  However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without knowledge of any breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
• Protection of Confidential Information: Confidential Information is and shall remain the sole property of the Disclosing Party. The Receiving Party agrees that at all times and notwithstanding any termination or expiration of this Agreement it will hold in strict confidence and not disclose to any third party any Confidential Information of the Disclosing Party, except as approved in writing by the Disclosing Party, and will use the Confidential Information of the Disclosing Party for no purpose other than the Purpose. The Receiving Party will also protect such Confidential Information with at least the same degree of care that the Receiving Party uses to protect its own Confidential Information, but in no case, less than reasonable care. The Receiving Party will limit access to the Confidential Information of the Disclosing Party to only those of the Receiving Party’s employees or authorized representatives having a need to know and who have signed confidentiality agreements containing, or are otherwise bound by, confidentiality obligations at least as restrictive as those contained herein.
• Compelled Disclosure: Notwithstanding the above, the Receiving Party may disclose certain Confidential Information of the Disclosing Party, without violating the obligations of this Agreement, to the extent such disclosure is required by a valid order of a court or other governmental body having jurisdiction, provided that the Receiving Party provides the Disclosing Party with reasonable prior written notice of such disclosure and makes a reasonable effort to obtain, or to assist the Disclosing Party in obtaining, a protective order preventing or limiting the disclosure and/or requiring that the Confidential Information so disclosed be used only for the purposes for which the law or regulation required, or for which the order was issued.

Limitation Of Liability

Any content may be uploaded to and/or downloaded from our Site solely at your own risk and discretion. The Company shall not be liable for any harm whatsoever, caused to your computer system or loss of any data during/resulting from, such uploading and/or downloading of content. It shall be your responsibility to implement appropriate security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Site to satisfy your requirements as to the safety and reliability of the content.

In no event shall the Company, or its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from

• your access to or use of or inability to access or use the Services;
• any conduct or content of any third party on the Services;
• any content obtained from the Services;
• unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory,iv. whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of our Site and the Services is at your sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

The Company, its subsidiaries, affiliates, and its licensors do not warrant that:

• the Services will function uninterrupted, secure or available at any particular time or location;
• any errors or defects will be corrected;
• the Services is free of viruses or other harmful components;
• the results of using the Services will meet your requirements.

Indemnity

User agrees to defend, indemnify, and hold Company harmless, including it's subsidiaries, affiliates, and all of it's respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Force Majeure

The Company shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone/internet interconnection problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes beyond the control of the Company. The Company shall have no responsibility to provide you access to the Services and/or the Site whilst such unforeseen delays or interruptions on account of force majeure subsist.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law provisions. You hereby agree to submit to the exclusive jurisdiction of the Singapore courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such rights. If any provision of these Terms is held to be invalid or unenforceable by a court of law, the remaining provisions of these Terms shall remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we may have with you, the User regarding the Services.

Right of Access

The Company reserves its right to deny or restrict access to the Site to any particular User, or to block access from a particular internet address, at any time, without providing any reasons whatsoever.

You agree that you shall not use any software, device or any other methods to interfere or attempt to interfere with the functioning of the Site, use any robot spider or other automatic devices or manual processes to copy any page or content within the Site without our prior written permission

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.