Agency terms

1. Who is the customer

The agency is our customer. In the terms of service and the Fix Sprint terms, "you" means the agency. We have no contract with the agency's own client (the "end client") unless the end client and we agree one separately. The agency stays responsible for its relationship with its end client.

2. What we provide

The audits, fixes, reports and re-tests agreed in the quotation, delivered to the agency. Reports can carry the agency's name and branding.

3. What the agency is responsible for

• communication with the end client;
• any legal advice the end client needs, which we do not give;
• every statement and promise the agency makes to the end client about our work, for which the agency answers to the end client and not us;
• obtaining the end client's authorisation for us to test its store, and the access rights we need for fixes, as the Fix Sprint terms describe;
• publishing changes to the end client's live store; and
• making sure the end client is a business and not a consumer.

4. What we are responsible for

The agreed technical audit, the agreed fixes, the agreed report and the technical re-test, carried out with reasonable skill and care.

5. What must not be claimed, and what must be passed on

The agency must not present our work as a legal certificate, government approval, a certificate of conformance, or as assurance that a store meets the European Accessibility Act or any other law. The agency may remove our branding from a report but must keep the report's disclaimer and its statement that findings are an engineering assessment and not legal advice, and must give its end client our disclaimer.

6. Confidentiality

Each of us keeps the other's confidential information, and the end client's information that we receive, confidential and uses it only for the work. We do not need personal data of the end client's customers, and the agency should not give us any beyond what the work requires. If the work would need us to receive it (for example customer or order records, account data, email lists or a staging database with real personal data), we agree a data processing addendum before we receive it.

7. Ownership

When the fees for a service are paid in full, the agency owns the deliverables made for that end client (the report and the code written for that store) and may give them to the end client. We keep our tools, scanner, code libraries, templates, checklists, methods, report structure and know-how, as the terms of service describe.

8. Prices

Prices for agencies are set in the quotation. Fixed prices apply per audit, sprint or monitored store, and are not published on this page.

9. Not soliciting the end client

During an engagement, and for six months after it ends, we will not knowingly solicit the end client that the agency has named to us for substantially similar services. An engagement runs from your acceptance of a quotation until we deliver the work or, for monthly checks, until the monitoring is cancelled. This does not apply if the end client approaches us on its own, or if it already had a direct relationship with us. Nothing else limits either of us from doing business with other customers.

10. Claims caused by the agency's own statements or changes

The agency will cover our reasonable losses from a claim by the end client or another third party, including reasonable legal costs, to the extent the claim results from: a statement or promise by the agency about our work that these terms do not allow, including describing our work as a certificate or as legal or regulatory assurance; the agency changing our report other than by removing our branding; or the agency using our work outside the scope agreed in the quotation. This applies only to those matters.

11. Liability and law

Section 14 of the terms of service applies to the agency, and our total liability is limited to the fees paid or payable for the service concerned. Nothing in the agency's arrangement with its end client creates rights for the end client against us, and we are not liable for what the agency owes its end client. The terms of service, including governing law, apply.

12. Which terms apply first

The order of precedence is set in section 1 of the terms of service: on white-label points, these Agency terms apply first.