Terms and conditions

§ 1 Scope and contracting parties

These terms apply to all contracts between [ company name ] (“Scanready”) and the customer concerning the testing, remediation and monitoring of digital properties.

The services are aimed at businesses within the meaning of § 14 of the German Civil Code. [ if consumers are served too: add right-of-withdrawal notice ]

Deviating terms of the customer only become effective if Scanready agrees to them expressly in text form.

§ 2 Scope of services

The free instant finding is a non-binding technical snapshot with no claim to completeness or continuous availability.

Under the Watch service, Scanready owes recurring automated testing, a report and a template for the accessibility statement.

Under the All-round offer, Scanready additionally owes remediation of the automatically detectable issues listed in the report, within the agreed scope, and the subsequent re-test.

§ 3 Limits of testing

Automated testing only covers part of the criteria of EN 301 549 in conjunction with WCAG 2.1 Level AA. A report without findings is not proof of accessibility and not a warranty of legal conformity.

Scanready does not provide legal advice. References to legislation are general information.

Scanready does not owe any particular outcome vis-à-vis authorities, courts or third parties.

§ 4 Customer cooperation

The customer warrants that they are entitled to commission testing of the website they specify.

For remediation work the customer grants the necessary access and maintains backups of their systems. Scanready carries out changes according to the state of the art; responsibility for backups remains with the customer.

The customer notifies Scanready without delay of changes to their website that affect the scope of testing.

§ 5 Prices, turnover tier and payment

The prices published on the pricing page at the time the contract is concluded apply. All prices are net and exclude statutory VAT.

Assignment to a turnover tier is based on the customer’s statement of annual turnover. If the tier changes, Scanready adjusts the fee from the beginning of the following billing period.

The fee is payable monthly in advance. [ add payment method and payment term ]

§ 6 Term and termination

The contract runs for an indefinite period and may be terminated by either party with [ notice period ] notice to the end of the billing month.

The right to terminate for good cause remains unaffected.

Termination requires text form.

§ 7 Test mark

For the duration of an active testing contract, Scanready grants the customer a simple, non-transferable right to display the Scanready test mark on the tested website.

The test mark may only be used in the form provided, with the test date and the link to the public test report. Advertising it as a certification, as official recognition or as a warranty of full accessibility is not permitted.

The right of use ends with the contract; the customer removes the test mark without delay. The reason for this is not a contractual penalty but the requirement that a quality mark may only be displayed where recurring checks take place.

§ 8 Liability

Scanready is liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

In cases of ordinary negligence Scanready is liable only for breach of a material contractual obligation and limited to the typical, foreseeable damage.

Liability for fines, warning letter costs or other disadvantages arising for the customer from the assessment of their website by authorities or third parties is excluded, unless caused by a culpable breach of duty by Scanready.

§ 9 Data protection and confidentiality

The processing of personal data is governed by the privacy policy.

Where Scanready gains access to the customer’s personal data in the course of remediation, the parties conclude a data processing agreement under Art. 28 GDPR.

Test reports linked publicly from the test mark contain technical findings on the tested website. By embedding the test mark, the customer consents to that publication.

§ 10 Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

The exclusive place of jurisdiction for merchants is [ city ].

Should any provision be invalid, the validity of the remaining provisions is unaffected.