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Terms and conditions

Article 1: Definitions and Applicability of These Terms

An assignment is an agreement of assignment within the meaning of Article 7:400 et seq. B.W. whereby one party, one of the enterprises wholly or partially belonging to focusring.io, commits to performing work or providing services to the other party, hereinafter referred to as “the Client”.

These general terms and conditions apply to all, whether written or not, offers, quotations, and assignments related to the work to be performed and/or services to be provided by focusring.io, as well as to the agreements thus concluded and resulting further agreements or legal acts, unless otherwise agreed in writing.

Any deviations from these terms, as well as other general terms and conditions, are not applicable and are expressly rejected, unless accepted in writing by focusring.io.

Article 2: Formation of the Agreement

All offers from focusring.io are non-binding unless explicitly stated otherwise in writing.

An agreement of assignment is formed after a written assignment confirmation has been sent by focusring.io and has not been returned as incorrect or incomplete within 5 working days from the date of issue, or the agreement is formed by the execution of the assignment after verbal agreement on the offered quote.

The content of the assignment agreement is determined by the quote and, if followed by an assignment confirmation, by the assignment confirmation.

Audits ordered online through focusring.io are formed as described in Article 11.

Each agreement is entered into under the suspensive condition that the Client proves to be sufficiently creditworthy for the financial fulfillment of the agreement. Additionally, focusring.io is entitled at any time to demand security from the Client for the fulfillment of its obligations under the agreement and to suspend performance until the requested security is provided. The Client is not entitled to suspend its obligations under the assignment(s).

The assignment is not entered into with regard to a specific person collaborating with or employed by focusring.io, and the application of Article 7:404 BW is therefore excluded.

Article 3: Execution of the Agreement

The Assignment will be executed to the best ability and insight and according to the requirements of good workmanship by or on behalf of focusring.io.

If and insofar as proper execution of the agreement does not oppose this, focusring.io has the right to have certain work performed by third parties unless the nature of the assignment opposes this.

The Client ensures that all data, which focusring.io indicates is necessary or which the Client should reasonably understand is necessary for the execution of the Assignment, is provided to focusring.io in a timely manner.

If the data necessary for the execution of the agreement is not provided to focusring.io in time, focusring.io has the right to suspend the execution of the agreement and/or to charge for the additional costs resulting from the delay and other damages.

focusring.io, its employees, assistants, and/or other third parties engaged by focusring.io are not liable for any damage of any kind caused by focusring.io relying on incorrect and/or incomplete data provided by the Client, unless this inaccuracy or incompleteness should have been directly apparent to them.

focusring.io and the Client will confer at the initiative of either party in the following situations:

  • A substantial change is made in the character, nature, content, or scope of the assignment;
  • Assignment is given to perform work for an organization other than the Client;
  • If a difference of opinion is observed with the Client regarding the execution of the assignment.

The Client will be informed immediately by focusring.io if, for any reason, the planned work cannot be carried out.

focusring.io will notify the Client of additional work as soon as it becomes apparent and/or has commenced, insofar as this is possible or is not otherwise known or could be known. Additional work must be settled based on the previous price structure unless there are deviating circumstances.

Article 4: Extension and Termination

The assignment automatically ends after the agreed duration or performance of the agreed services, unless the parties agree otherwise or extend the contract tacitly before the end of the contract period, in which case the same conditions apply.

focusring.io can terminate an assignment immediately without giving reasons if:

  • The counterparty is declared bankrupt;
  • The counterparty is granted (provisional) suspension of payments;
  • The business of the counterparty is liquidated;
  • A substantial part of the movable and/or immovable property or other goods of the counterparty is seized conservatory or executory;
  • The counterparty requests actions that are contrary to the law or otherwise applicable regulations and/or contrary to the assignment.

Despite immediate termination, focusring.io retains the right to compensation for all work already performed and/or services provided as well as any already incurred and future damages.

Article 5: Compensation and Payment

Payment of the invoice amount must – without the right to discount or set-off – be made within two working weeks after the invoice has been sent, which is considered a fatal term. For audits ordered online, payment is due as described in Article 11 instead.

Complaints regarding invoices and/or services provided must be made in writing to focusring.io within 7 days after the invoice date, under penalty of forfeiture.

If the Client fails to pay the invoice within the aforementioned period, they are in default by operation of law and owe statutory interest, increased by 2% on the outstanding amount, and focusring.io has the right to suspend its obligations.

focusring.io is always entitled – at its sole discretion – to invoice based on advance invoices.

In the event of liquidation, bankruptcy, or suspension of payments of the Client, conservatory or executory seizure under the Client, or another situation leading to immediate termination of the assignment, the Client's obligations become immediately due and payable.

If the Client is in default or in breach of one or more of its obligations under this agreement, all reasonable costs incurred to obtain satisfaction in and out of court – without any right to discount or set-off – are for the account of the Client, being an amount calculated according to the method generally accepted by the judiciary with a minimum of € 150,-.

Article 6: Liability

focusring.io executes the agreed assignment with due regard to what has been offered and possibly confirmed and as carefully as can be expected of it, given the circumstances.

focusring.io generally only undertakes an obligation of effort and therefore does not guarantee the results of the assignment unless otherwise stated in writing.

focusring.io, its employees, assistants, or third parties engaged by focusring.io are not liable to the Client for any damage – whether or not suffered by the Client or third parties – arising from work performed for the Client, related to actions of, or failure to perform, non-timely or improper fulfillment of the obligation under this agreement by focusring.io, its employees, and/or third parties, unless the damage is due to intentional misconduct or gross negligence by focusring.io. Liability for assistants is completely excluded.

Notwithstanding the foregoing, the liability of focusring.io is in no case further than the amount charged to the Client or owed by the Client as a fee for the work performed and/or services provided by focusring.io over the last three months.

The Client indemnifies focusring.io and its employees and will hold them harmless from all third-party claims related to any assignment and all related financial consequences.

Compensation is always excluded for damage that is considered, being direct – indirect consequential damage, including but not limited to lost profits, loss of turnover, stagnation damage, restart costs, business damage, replacement damage, higher production costs, other (additional) costs, direct/indirect damage – or direct/indirect loss by third parties.

Article 7: Force Majeure

Force majeure is understood to mean circumstances that prevent the fulfillment of the assignment and which cannot reasonably be attributed to focusring.io. Circumstances that can cause force majeure include but are not limited to: strikes, wildcat strikes, business occupations, political strikes, natural disasters or major disasters caused by humans, illness of an irreplaceable employee, or circumstances leading to such a shortage of necessary goods or services for the agreed performance, which circumstances occur either at focusring.io itself or at third parties, such as suppliers, assistants, etc., on whom focusring.io depends for proper fulfillment of its obligations.

In case of force majeure, without any obligation to pay damages and without prejudice to other rights, every agreement can be dissolved without judicial intervention.

If focusring.io has already partially fulfilled its obligations at the time of force majeure or can only partially fulfill its obligations, it is entitled to separately invoice the already executed or executable part, and the Client is obliged to pay this invoice – without any right to discount or set-off – as if it were a separate contract.

Article 8: Confidentiality

Both parties are obliged to maintain confidentiality of all confidential information they have obtained from each other or from another source within the framework of the agreement. Information is considered confidential if it is communicated by the other party or if this results from the nature of the information.

Parties will exercise the utmost care when using information that has become known to them under the agreement.

Article 9: In-Company Training Programs

For in-company training and education, tailored agreements are made. These are reflected in the offer and assignment confirmation.

Article 10: Privacy Policy

Personal information collected during intake interviews and tests for training and related forms of our services is not recorded in any way. Answers and outcomes are treated confidentially. This information is not made available to third parties in any way. The privacy of our trainees is thus guaranteed. Only when the trainee, the client, and focusring.io have made other written agreements, can this rule be deviated from. In such a case, all parties must agree.

Article 11: Audits Ordered Online

This article applies to audits ordered and paid online through focusring.io (the Feature check, Sprint audit, WCAG-EM audit and Full WCAG-EM audit). Where it differs from the other articles, this article prevails.

11.1 Business customers only. Online orders are accepted only from businesses and organisations acting in the course of their trade, business or profession. By ordering, the Client confirms that it does so, and provides its legal name and a VAT number or company registration number. The consumer rules for distance contracts in Book 6, Title 5, Section 2B of the Dutch Civil Code therefore do not apply.

11.2 Formation of the agreement. The agreement is formed when the payment provider confirms the Client's first payment. The order confirmation that focusring.io then sends by email serves as the assignment confirmation referred to in Article 2. The order form, the prices and conditions shown there, and these terms form the agreement.

11.3 Price and payment. Prices are shown in euros or US dollars, excluding VAT, and are charged in the currency the Client chooses. When ordering, the Client either:

  • pays a deposit of €250 or $300, which is deducted from the total price; or
  • pays the total price at once, with a 5% discount.

11.4 Automatic payment of the balance. By paying the deposit, the Client authorises focusring.io to charge the remaining balance once, through its payment provider, to the payment method used for the deposit (card, PayPal account or bank account), at the moment the report is delivered. The balance is the agreed total minus the amounts already paid; it changes only if the Client approves a different scope under 11.7. The balance is due on delivery. If the charge fails, is cancelled or is reversed before settlement, the Client receives a payment link and must pay the balance within 10 working days, which is considered a fatal term; after that, Article 5 applies to the default.

11.5 Access to the report. focusring.io delivers the report on a private web page, which the Client reaches through a unique link sent to the order's email address. The full report becomes available as soon as the payment provider has accepted the full payment. Until then the Client sees a summary. If a payment is reversed before settlement, focusring.io may block access to the full report until the balance is paid. The Client keeps the link confidential and may protect the page with a password of its own. focusring.io is not liable for access by persons with whom the Client shares the link or password.

11.6 Invoices. focusring.io sends an invoice by email straight after each payment: an invoice for the deposit when it is paid, and a final invoice for the total price, minus the deposit, when the balance is paid. The period for complaints about invoices in Article 5 applies.

11.7 Scope. Each package covers a maximum number of pages (samples) and processes, as shown in the order form. If focusring.io finds that the product does not fit the ordered package, it proposes the package that does, with its price. The Client may accept the proposal, keep the ordered package (the audit then stays within its limits and the report states what was left out), or cancel the order under 11.9. If the Client does not answer within 2 working days, the audit continues within the ordered package.

11.8 Delivery time. Delivery times are in working days in the Netherlands (Europe/Amsterdam), excluding Dutch public holidays. The delivery time starts when focusring.io confirms that it has access to everything in scope; access confirmed before 12:00 counts from that moment, later access from 09:00 on the next working day. It ends when the report is delivered, not when the balance is paid. The delivery time is suspended for as long as a cause on the Client's side prevents the work, such as the product being unavailable, credentials expiring, a firewall blocking the test browser, or a scope larger than ordered; focusring.io informs the Client of every suspension on the same working day. If focusring.io misses an express delivery time (24 or 48 hours) through its own fault, it refunds the express surcharge. Missing a delivery time does not otherwise entitle the Client to dissolution or compensation.

11.9 Refunds and cancellation. focusring.io refunds all amounts paid if:

  • it cannot get access to the product within 5 working days after the first payment, through no fault of the Client; or
  • the Client cancels the order after declining a bigger package proposed under 11.7.

If focusring.io asks the Client for access details or other information needed to start and the Client does not provide them within 10 working days, focusring.io may cancel the order; the deposit is then not refunded. In all other cases, the Client may end the assignment under Article 7:408 of the Dutch Civil Code, and amounts already paid are not refunded insofar as they cover work performed, and in any case not below the deposit.

11.10 Test access. The Client warrants that it is authorised to let focusring.io test the product, including any environment, account and data it gives access to, and indemnifies focusring.io against claims of third parties in this respect. The Client provides a test account without real personal data where possible, states which forms, orders and accounts focusring.io may submit or create, and states which actions must never be performed. focusring.io tests manually and non-destructively, and follows these instructions. The Client bears the consequences of submissions it has allowed. focusring.io stores passwords and other secrets encrypted, uses them only for the audit and its re-check, and deletes them 30 days after delivery. If testers may see personal data, the parties conclude a data processing agreement before testing starts.

11.11 Nature of the report. The report records the accessibility of the sampled pages and processes at the moment of testing, against the WCAG version and level ordered. Only the WCAG-EM audit and the Full WCAG-EM audit are conformance evaluations under WCAG-EM 2.0. The Feature check and the Sprint audit follow the same method but are not full conformance evaluations, and the Client will not present them as such, for example in an accessibility statement. A report does not make a product accessible or compliant; fixing what it finds does. Article 6 applies.

11.12 Sprint plan. A Sprint plan is a series of Sprint audits at the cadence the Client chooses (every 2, 4 or 8 weeks), at the plan price shown in the order form, with a minimum of 3 audits. The first audit is ordered and paid as described above. focusring.io schedules each later audit, which is charged in full, once, on delivery of its report, to the payment method authorised under 11.4. The Client may stop the plan from its private page once the minimum has been reached; audits already started are completed and charged.

Final Provisions

focusring.io is authorized to make changes to these terms. These changes take effect on the announced effective date. The aforementioned changes do not affect assignments in progress at the time of the changes unless the parties agree otherwise.

Dutch law applies to every agreement between the Client and focusring.io.

With regard to all disputes, except for so-called collection disputes, which may arise from the present agreement, or resulting further agreements, the parties agree to submit these disputes to a jointly appointed NMI-recognized mediator, who will mediate based on the NMI regulations.

If mediation according to NMI regulations does not lead to an amicable solution, a dispute will be submitted exclusively to the District Court of Amsterdam, unless it is a dispute that falls within the jurisdiction of the subdistrict court.