Terms of Service

These Terms of Service (“Terms”) govern your use of the website and services provided by Access Digital LLC (“Access Digital,” “we,” “us,” or “our”). By accessing our website or engaging our services, you agree to these Terms.

1. Our services

Access Digital provides web design and development, website accessibility (ADA / WCAG 2.1 AA) remediation and certification, and assistance preparing documentation related to the IRS Section 44 Disabled Access Credit. The specific scope, deliverables, and fees for your project are set out in a separate proposal or agreement.

2. Quotes, fees & payment

Quotes are based on the information you provide and the scope agreed upon. Fees, payment schedules, and any deposits are described in your proposal. Late or non-payment may result in suspension of work or services.

3. Your responsibilities

• Provide accurate information and timely access to accounts, content, and assets we need to do the work;
• Review deliverables and provide feedback within agreed timeframes;
• Ensure you have the rights to any materials you provide to us.

4. Accessibility disclaimer

We follow recognized standards (such as WCAG 2.1 Level AA) to improve the accessibility of your website and to reduce legal risk. However, accessibility is an ongoing effort and standards, content, and laws change over time. We do not guarantee that your website will be free from accessibility-related claims or lawsuits, and our services do not constitute legal advice.

5. Tax credit disclaimer

We can help prepare documentation that may support a claim for the IRS Section 44 Disabled Access Credit. Access Digital is not a CPA, tax advisor, or law firm. Eligibility, credit amounts, and tax outcomes depend on your specific circumstances and current IRS rules. You should consult a qualified tax professional before claiming any credit. We do not guarantee any particular tax result.

6. Intellectual property

Upon full payment, you own the final deliverables created specifically for you, except for third-party components, open-source software, and our pre-existing tools and templates, which remain owned by their respective owners or by us.

7. Third-party services

Our services may rely on third-party platforms (such as hosting, fonts, and analytics). Your use of those services may be subject to their own terms, and we are not responsible for third-party outages or changes.

8. Warranties & disclaimer

Except as expressly stated in your agreement, our website and services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose and non-infringement.

9. Limitation of liability

To the maximum extent permitted by law, Access Digital will not be liable for any indirect, incidental, special, or consequential damages. Our total liability for any claim arising from our services will not exceed the amount you paid us for the services giving rise to the claim.

10. Indemnification

You agree to indemnify and hold Access Digital harmless from claims arising out of content or materials you provide, or your misuse of our services.

11. Termination

Either party may terminate an engagement as described in the applicable agreement. Fees for work performed up to the termination date remain payable.

12. Governing law

These Terms are governed by the laws of the State of Hawaii, United States, without regard to its conflict-of-laws rules. Any disputes will be resolved in the courts located in that state.

13. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above reflects the latest version. Continued use of our website or services after changes means you accept the revised Terms.

14. Contact us

Questions about these Terms? Email us at hello@accessdigital.llc.