Global Accessibility Compliance
1. Compliance Disclaimer
1.1. Thorp Ltd. (“the Agency”) provides creative, strategic, and technical web development and brand advisory services.
1.2. The Agency does not provide legal, regulatory, or accessibility compliance services, and makes no representation or warranty that any website, application, or related digital product created or configured by the Agency complies with any specific law, regulation, or technical standard.
1.3. Compliance with applicable accessibility laws and standards (including, without limitation, the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), the Equality Act 2010 (UK), the European Accessibility Act, the Disability Discrimination Act (Australia), or any equivalent legislation in any jurisdiction) remains the sole responsibility of the Client.
2. Accessibility Responsibility and Optional Services
2.1. The Client acknowledges that accessibility and related legal compliance are complex, evolving, and dependent upon the Client’s ongoing management of website content, integrations, and third-party tools.
2.2. The Agency is not responsible for accessibility audits, alt text population, structural tagging, screen reader compatibility, or any other accessibility measures, unless these have been expressly agreed in writing as a separate paid service.
2.3. Where the Client engages the Agency to perform optional accessibility work, such work will be performed on a “best-efforts” basis and without any guarantee or warranty of full compliance with any law or guideline.
2.4. Following delivery and Client sign-off, the Client assumes complete and ongoing responsibility for accessibility, regulatory, and technical compliance of the website and any associated systems, content, or updates.
3. Client Indemnity
3.1. The Client shall indemnify, defend, and hold harmless Thorp Ltd., its directors, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or relating to:
(a) any allegation or claim that the website or digital asset is non-compliant with any accessibility or other legal standard;
(b) any modification, update, or content added by the Client or any third party after delivery; or
(c) any breach by the Client of this Agreement or of applicable law.
3.2. This indemnity applies regardless of jurisdiction and survives termination or completion of the project.
4. Limitation of Liability
4.1. To the maximum extent permitted by law, Thorp Ltd. shall not be liable for:
(a) any indirect, consequential, incidental, or special damages;
(b) any loss of profit, revenue, or goodwill; or
(c) any claims arising from accessibility or compliance issues.
4.2. In all cases, the Agency’s total aggregate liability, whether in contract, tort (including negligence), or otherwise, shall not exceed the total amount of fees paid by the Client for the specific project giving rise to the claim.
4.3. Nothing in this Agreement limits or excludes liability for death or personal injury caused by negligence, or for fraud, where such exclusion would be unlawful.
5. Platform and Third-Party Disclaimer
5.1. The Agency may build or configure websites on third-party platforms such as Squarespace, Kajabi, or others (“the Platforms”).
5.2. The Agency is not responsible for any limitations, changes, or platform-level issues affecting accessibility or compliance, including but not limited to updates, third-party plug-ins, or functionality restrictions imposed by those Platforms.
5.3. The Client acknowledges that such Platforms may affect accessibility and agrees that any resulting risks remain with the Client.
6. Governing Law and Global Reach
6.1. This Agreement shall be governed by and construed in accordance with the laws of England and Wales, regardless of the Client’s domicile, unless otherwise agreed in writing.
6.2. The Client agrees that these clauses are intended to have extraterritorial effect and shall be interpreted to the fullest extent permitted under the applicable laws of any jurisdiction in which the Client operates.
7. Client Acknowledgement
Thorp Ltd. does not provide accessibility or legal compliance services. In procceeding with any project or work with Thorp Ltd. you acknowledge that compliance with accessibility legislation and standards is the client’s sole responsibility, and agree to hold Thorp Ltd. harmless from any related claims or damages. You are advised that optional accessibility review services are available at additional cost, but unless specifically mentioned or agreed to in an official form, the client accepts full responsibility for all compliance obligations.