Services are performed hereunder AudioEye, Inc. (“AudioEye”), for whom CivicPlus is an authorized reseller, and the performance of the services under this Statement of Work ("SOW") will be conducted in accordance with and be subject to the terms and conditions of this SOW and the Agreement.
| AudioEye Managed for Recreation Management (formerly, CivicRec) |
| Activation Upon Activation, AudioEye to begin tracking usage analytics. AudioEye to conduct, at least, monthly ongoing and continuous monitoring based on the usage analytics tracked by AudioEye. This always-on monitoring ensures that the pages being accessed by end-users – the pertinent pages relative to the end-user’s experience - are being regularly prioritized and evaluated for accessibility conformance. For the duration of the Term of the agreement between the Parties, AudioEye will maintain the always-on monitoring service.
To ensure compliance with ADA Title II/III, Section 504, Section 508 Information and Communication Technology, and any future changes in conjunction with ADA-related laws & guidelines, and any applicable state laws, AudioEye tests against internationally recognized W3C Web Content Accessibility Guidelines (WCAG) 2.1 Level AA Success Criteria. These tests are conducted through, both, automated and manual processes, which are facilitated and managed through the Digital Accessibility Platform (“DAP”), AudioEye’s proprietary system for facilitating the Ally Managed Service solution.
AudioEye engineers do not make any changes to the web environment that impact the visual display of the website. For any Success Criteria that cannot be met through the application of fixes facilitated through the Digital Accessibility Platform and applied to the frontend website/application through the AudioEye JavaScript, AudioEye collaborates with software/web designers/developers and recommends best practices for effective resolution to be applied at the source and/or through universal design standards. The combination of this collective and collaborative effort helps ensure usability for Customer’s site visitors. AudioEye to provide the necessary tools and/or instruction, allowing Reseller and/or Customer to implement fixes within the product source (“Source Remediation”). |
| Features/Services | Details |
| WCAG Accessibility Reports | Reporting available upon request for point-in-time compliance status and WCAG conformance level. |
| Automated Global Remediations | Certain common issues of accessibility can be programmatically detected and remediated by AudioEye Dynamic Remediation Technology. |
| Monitoring | Ongoing evaluation and continuous WCAG testing. |
| Accessibility Toolbar | Web Personalization Tools that allow end-users to customize their user experience to meet their individual needs. The internationally recognized accessibility icon marks the entrance to the AudioEye Toolbar. |
| Certification Statement | AudioEye Trusted Certification, which is an attestation of a site owner’s ongoing commitment to digital inclusion as defined by WCAG Success Criteria. Includes AudioEye Trusted Certification badge. |
| Accessibility Statement (if applicable) | Standardized accessibility messaging site owners may utilize on their site informing visitors of the digital inclusion efforts underway. |
| Training (On-Demand Webinar Archive) | User access to an archive of recorded Accessibility Training Seminars covering various topics to encourage digital accessibility best practices and universal design thinking. |
| Live Training Webinars | User access to Accessibility Training Seminars covering various topics to encourage digital accessibility best practices and universal design thinking. |
| Manual Assistive Technology (AT) Testing | Site-level technical analysis and functional usability testing (manual testing) conducted by Assistive Technology testers. |
| Site Remediation | Automated and manual test results provide feedback for AudioEye Engineers to develop custom, site-specific remediations to fix issues of accessibility. Remediations scripts are served via AudioEye Dynamic Remediation Technology. |
| Sustainable Testing & Remediation Plan | Official accessibility auditor documentation to assist the site owner in addressing any accessibility complaints. |
| International Language Support | |
| 27 Languages/Dialects supported for display within the Ally Toolbar. Valid language attributes must be present in the source. Supported languages include: | |
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Web Accessibility Compliance Representations & Warranties
AudioEye continually monitors the relevant World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines (WCAG) to improve conformance with WCAG guidelines and to eradicate issues of accessibility that may impede access for persons with disabilities.
AudioEye periodically monitors current law and practice regarding digital accessibility compliance including, but not limited to the Americans with Disabilities Act (ADA) and other similar state and international laws.
AudioEye has and will continue to take steps necessary to help improve and maintain equal access to Customer website(s).
AudioEye monitors Customer website(s) and/or the platform hosting Customer website(s) to take the steps necessary to improve conformance with WCAG standards.
AudioEye evaluates Customer website(s) and/or the platform hosting Customer website(s) on a periodic basis to improve conformance with WCAG standards.
AudioEye periodically reviews automated and manual test results to develop remediations to Customer website(s) and/or the platform hosting Customer website(s) to increase conformance with WCAG Success Criteria.
AudioEye provides support and training resources and hosts training seminars that promote accessibility best practices including, but not limited to, universal design, WCAG Success Criteria, video captioning, and document remediation.
AudioEye works with and/or takes measures to provide product stakeholders in charge of managing the platform hosting Customer website(s) with information a) to improve the accessibility of the platform hosting Customer website(s), the site template, and web components that comprise Customer website(s), b) to incorporate accessibility into the design process, and c) to better ensure an optimal user experience for individuals with disabilities.
AudioEye supports a 24/7 help desk for site visitors, which enables them to report accessibility issues and grievances should they be encountered. AudioEye prioritizes the remediation of validated issues as submitted via the Help Desk.
AudioEye provides technical analysis and functional usability testing (manual testing) of Customer website(s) and/or the platform hosting Customer website(s), which is conducted by assistive technology (AT) testers.
Via proprietary and patented AudioEye Dynamic Remediation Technology, AudioEye remediates issues of accessibility identified within Customer website(s) and/or the platform hosting Customer website(s) and conducts retesting of issues to validate usability of remediated content and functionality.
AudioEye provides limited to full implementation of the AudioEye Toolbar, which provides web personalization tools permitting site visitors to customize their user experience to meet individual needs.
Assumptions
To streamline communication during the project, Customer will be assigned an account manager who will be responsible for the quality and timeliness of all deliverables. The account manager will oversee and track the progress of the entire project and will be available to escalate concerns.
Website/Platform updates or structural changes that impact existing CSS ID/class selector attributes may require re-configuration and subsequent testing that demands a level of effort beyond the typical maintenance included with the AudioEye Services.
AudioEye engineers do not make any changes to the web environment that impact the visual display of the website. Required changes that impact visual display require collaboration with Customer and any visual changes implemented through the AudioEye Services require sign-off from Customer . In many cases, these changes are implemented by Customer at the source. For deficiencies impacting visual display or site structure/features/functions, AudioEye to obtain written permission from Customer to provision and apply the required fixes. AudioEye shall not be held liable for delays impacting, if applicable, delivery timelines pertaining to Customer supplying AudioEye with written approvals.
For any Success Criteria that cannot be met through the application of fixes facilitated through the AudioEye Services and applied to the frontend website/application through the AudioEye JavaScript, AudioEye collaborates, via CivicPlus, with software/web designers/developers and recommends best practices for effective resolution to be applied at the source and/or through universal design standards. The combination of this collective and collaborative effort helps ensure usability for Customer's site visitors. AudioEye to provide the necessary tools and/or instruction, allowing CivicPlus to implement fixes within the CMS product source (“Platform Remediation”).
For each project, the start date of Activation is determined by AudioEye.
AudioEye shall issue an AudioEye Trusted Certification indicating that Customer has a commitment to accessibility and inclusion in striving to maximize and continually improve conformance with the informative guidance supplied through W3C WCAG. If applicable, certification statements may indicate conformance exclusions and/or statements of partial conformance and/or reference to on-demand source feedback reports to inform end-users about features/functions that do not conform to the target standard and/or remain a work in a progress.
Common exclusions resulting in conformance clarifications, as documented through source feedback reports, include: flash objects, highly visual/dynamic display widgets/modules, high volume content changes, maps, inaccessible PDFs, videos without captioning and/or audio descriptions, and 3rd party content.
Customer Responsibilities
Customer will identify a project lead to function as a single point of contact for the project.
Customer will make all reasonable efforts to address conformance exclusions indicated within the source remediation report.
Customer will make all reasonable efforts to educate AudioEye on the specific technical constraints of its Web environment, including details about its publication and hosting environments. Prior to execution of this Agreement, Customer to inform AudioEye of anticipated traffic exceeding 20 million monthly impressions. Customer understands and agrees that AudioEye will charge Customer the following overage fees, to be billed at the end of the current month, in which the overage occurred: $52 per million impressions above and beyond the monthly allotment. Please note: some single page requests may make multiple requests to AudioEye, and, therefore, trigger multiple impressions (i.e. iFrames on the page).
Customer to provide advanced notification to AudioEye prior to implementing or removing the AudioEye JavaScript within their web environment, including but not limited to Customer's production, staging, UAT, development, and/or sandbox environment(s).
Customer will provide AudioEye with feedback, comments, approvals and acceptance on all deliverables in a timely manner.
If Customer receives a legal demand letter or is served a legal notice, Customer may request a sustainable testing and remediation (STAR) plan (aka auditor notification letter) to inform plaintiff of the proactive steps already taken and being taken by Customer to ensure digital inclusion. Should plaintiff continue to pursue their legal efforts, Customer may request consulting or legal support services, which may be separate from and in addition to the Services included in this SOW.
Customer will make all reasonable efforts to send project and accessibility stakeholders to attend online accessibility training presentations provided by AudioEye.
Change Control Procedures
To make a change to this SOW, Customer will submit a written request to CivicPlus specifying the proposed changes in detail. CivicPlus will submit to Customer an estimate of the charges and the anticipated changes in the delivery schedule that will result from the proposed change in the services (“Change Order”) stated within this SOW. AudioEye will continue performing the services in accordance with this SOW until the CivicPlus and Customer agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order shall be agreed to by the parties in writing prior to implementation. No additional fees shall be incurred without Customer's prior written authorization.
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