Terms of Service
General terms and conditions for accessibility audit and consulting services
Effective: April 2026
1. Scope and parties
These Terms of Service ("Terms") govern all services provided by Aleksandr Lutkov, operating as Complytiq ("Provider," "we," "us"), to the client ("Client," "you") who engages our accessibility audit, consulting, or related services. By placing an order, signing a proposal, or making a payment, you agree to these Terms in full.
These Terms apply to all current and future business relationships between the Provider and the Client, even if not explicitly referenced in subsequent correspondence or agreements.
2. Services
We provide digital accessibility auditing, conformity assessment, remediation guidance, and related consulting services. The specific scope, deliverables, timeline, and pricing for each engagement are defined in the written proposal or order confirmation ("Statement of Work" or "SOW"). Only the services explicitly described in the SOW are included.
We reserve the right to determine the methods, tools, and personnel used to perform the services at our sole discretion.
3. Nature of services — important disclaimers
3.1 Not legal advice. Our services constitute technical accessibility assessment and consulting. Nothing we deliver — including audit reports, conformity matrices, fix code, accessibility statements, or verbal guidance — constitutes legal advice, legal opinion, or a legal guarantee of regulatory compliance. We are accessibility consultants, not lawyers. For legal questions regarding BFSG, EAA, EN 301 549, or any other regulation, you must consult qualified legal counsel in the applicable jurisdiction.
3.2 Not a certification. Our reports document the results of our assessment at a specific point in time. They do not constitute an official certification, accreditation, or guarantee of conformity with any standard, directive, or regulation. No regulatory body has authorized, endorsed, or certified our services. Our reports reflect our professional assessment to the best of our abilities and do not bind any regulatory authority.
3.3 Point-in-time assessment. Accessibility audits reflect the state of the Client's digital product at the time of testing. Any subsequent changes to the website, application, content, third-party integrations, browser behavior, assistive technology updates, or regulatory interpretations may affect conformity. We are not responsible for maintaining conformity after delivery of the report.
3.4 No guarantee of outcomes. We do not guarantee that implementing our recommendations will result in full regulatory compliance, prevent enforcement actions, lawsuits, or complaints, satisfy any specific regulatory authority, or meet accessibility requirements in jurisdictions not explicitly covered in the SOW. Compliance is ultimately the Client's responsibility.
3.5 Best-effort assessment. While we employ industry-standard tools, manual testing, and professional judgment, no accessibility audit can identify 100% of all possible accessibility barriers. Certain issues may depend on subjective interpretation of WCAG success criteria, specific user configurations, or edge cases that are not reasonably discoverable within the agreed scope. Our assessment represents a thorough professional evaluation, not an exhaustive guarantee.
4. Client obligations
The Client shall:
- Provide timely access to all websites, applications, staging environments, test accounts, and documentation necessary for the audit
- Ensure that we have legal authorization to access and test the provided URLs and systems
- Designate a single point of contact for the engagement
- Review and respond to any questions within 3 business days to avoid delays
- Not hold the Provider responsible for any issues arising from the Client's failure to implement the recommendations, or from the Client's partial, incorrect, or delayed implementation
Delays caused by the Client (including delayed access, unresponsive contacts, or changing requirements) may extend delivery timelines without liability on our part.
5. Pricing and payment
5.1 All prices are stated in Euros (€) and are exclusive of applicable taxes (VAT, withholding tax, or other levies). The Client is responsible for any taxes applicable in their jurisdiction.
5.2 Payment terms. Quick Audit: full payment is due before work begins. Full Audit and Comprehensive Audit: 50% deposit is due before work begins; the remaining 50% is due upon delivery of the final report. Add-on services: full payment before work begins unless otherwise agreed in writing.
5.3 Late payment. Invoices not paid within 14 days of the due date accrue interest at the rate of 8 percentage points above the base rate of the European Central Bank (Verzugszinsen). We reserve the right to suspend or terminate the engagement if payment is overdue by more than 30 days.
5.4 Prices are firm for the scope described in the SOW. If the Client requests additional scope (more pages, additional platforms, extra deliverables), we will provide a written cost estimate before proceeding.
6. Refund and cancellation policy
6.1 All payments are non-refundable once work has commenced. By making a payment, the Client acknowledges that the Provider will immediately begin allocating resources, scheduling capacity, and performing preliminary analysis.
6.2 Cancellation before work begins. If the Client cancels before any work has been performed (and within 48 hours of payment), we will issue a full refund minus any payment processing fees. After 48 hours or once work has begun, no refund is due.
6.3 Good faith resolution. We are committed to Client satisfaction. If you are dissatisfied with the quality of deliverables, contact us within 14 days of delivery. We will make reasonable efforts to address legitimate concerns, which may include revisions, additional clarification, or partial credit toward future services — at our sole discretion. This commitment is made in good faith and does not create a legal obligation to issue refunds.
6.4 No refund for dissatisfaction with results. The audit documents the actual state of the Client's digital product. A report identifying many issues or a low conformity score does not constitute poor service — it constitutes accurate assessment. No refund will be issued because the Client is unhappy with the findings.
7. Limitation of liability
7.1 Maximum liability. The Provider's total aggregate liability arising out of or in connection with the services — whether in contract, tort (including negligence), strict liability, or any other legal theory — shall not exceed the total fees actually paid by the Client for the specific engagement giving rise to the claim.
7.2 Exclusion of consequential damages. Under no circumstances shall the Provider be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to: loss of revenue or profits, loss of business or business opportunity, regulatory fines or penalties imposed on the Client, costs of substitute services, reputational harm, legal fees incurred by the Client in enforcement proceedings, damages arising from the Client's reliance on the audit report in legal or regulatory proceedings, or any other damages that are not direct damages — regardless of whether the Provider was advised of the possibility of such damages.
7.3 No liability for third-party actions. The Provider is not liable for actions, decisions, or interpretations by regulatory authorities, courts, competitors, or any third party — including but not limited to enforcement actions under BFSG, EAA, or any other regulation, even if the Client relied on our report.
7.4 No liability for Client implementation. The Provider is not liable for any consequences arising from the Client's implementation (or failure to implement) recommendations, fix code, or guidance provided in the audit deliverables. Fix code is provided as guidance and must be reviewed, tested, and validated by the Client's development team before deployment.
7.5 Force majeure. The Provider is not liable for any failure or delay in performance resulting from causes beyond reasonable control, including but not limited to: acts of government, natural disasters, pandemics, internet outages, third-party service failures, or changes in applicable law or regulation.
7.6 Time limitation. Any claim arising out of or in connection with the services must be brought within 6 months of the delivery of the final report. Claims brought after this period are time-barred.
8. Intellectual property
8.1 Upon full payment, the Client receives a non-exclusive, non-transferable license to use the deliverables (audit reports, fix code, accessibility statements) for the Client's own internal business purposes.
8.2 The Provider retains all intellectual property rights in the methodologies, tools, templates, frameworks, and general know-how used to create the deliverables. The Client may not resell, redistribute, white-label, or sublicense the deliverables without prior written consent.
8.3 Fix code provided in deliverables is licensed for use solely on the Client's specific website or application identified in the SOW.
9. Confidentiality
Both parties agree to keep confidential any non-public information received from the other party during the engagement. This includes, but is not limited to: audit reports, website credentials, business strategies, pricing, and technical infrastructure details. This obligation survives termination of the engagement for a period of 2 years.
The Provider may disclose that the Client is a customer and provide a general description of services rendered (e.g., "accessibility audit for an e-commerce platform") for portfolio and marketing purposes, unless the Client objects in writing.
10. Indemnification
The Client shall indemnify, defend, and hold harmless the Provider from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:
- The Client's use of or reliance on the deliverables
- The Client's implementation or failure to implement recommendations
- Any regulatory proceeding, enforcement action, or third-party claim related to the Client's digital products
- The Client's breach of these Terms
- Any misrepresentation by the Client regarding ownership or authorization to test the provided systems
11. Termination
11.1 Either party may terminate the engagement for material breach if the breaching party fails to cure the breach within 14 days of written notice.
11.2 Upon termination by the Client after work has commenced, all fees paid are non-refundable. The Provider will deliver any completed work product up to the point of termination.
11.3 The Provider may terminate immediately if the Client engages in abusive, threatening, or harassing conduct, or if the Client's systems are found to contain illegal content.
12. Governing law and jurisdiction
12.1 These Terms are governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of law provisions.
12.2 Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Varna, Bulgaria.
12.3 Notwithstanding the above, mandatory consumer protection laws of the Client's jurisdiction may apply where the Client qualifies as a consumer under applicable law.
13. Miscellaneous
13.1 Entire agreement. These Terms, together with the applicable SOW, constitute the entire agreement between the parties regarding the subject matter and supersede all prior negotiations, representations, and agreements.
13.2 Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
13.3 No waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that provision or the right to enforce it in the future.
13.4 Assignment. The Client may not assign or transfer any rights or obligations under these Terms without our prior written consent. We may assign these Terms to a successor entity.
13.5 Amendments. We reserve the right to modify these Terms at any time. The current version is always available at this URL. Changes do not apply retroactively to existing engagements.
By engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree, do not use our services.