Terms and conditions

These terms and conditions govern the services provided by Timon Filipovic, trading as “Percelia”, In der Breite 54, 79224 Umkirch, Germany (“Percelia” or “provider”) to the client (“customer”).

Build work under sections 3 to 6 (websites, online shops, remediation, work on documents) is provided both to entrepreneurs within the meaning of § 14 of the German Civil Code and to consumers within the meaning of § 13. For consumers the right of withdrawal under section 22 applies in addition. Testing and care under sections 7 to 11 and 17 are aimed at entrepreneurs, legal entities under public law and public special funds; they presuppose the customer's own web offering, for whose accessibility the customer is responsible.

Deviating terms of the customer do not apply, even if Percelia does not expressly object to them. Towards consumers, clauses of these terms do not apply where they are incompatible with mandatory consumer law; the statutory rules take their place. Prices are stated to consumers as final prices including VAT, and to entrepreneurs net plus statutory VAT.

“Audit” means the commissioned assessment of a website or web application for digital accessibility. “Report” means the result document including findings, evidence and suggested fixes. “Conformance statement” means the statement derived from it under EN 301 549 or the VPAT document. “Monitoring” means recurring audits at the agreed interval.

Percelia provides three types of service, and some rules differ between them:

• Build work (sections 3 to 6): new websites and online shops, reworking existing sites, fixing barriers in the source code, finishing AI-generated sites, work on documents. These are contracts for work under § 631 of the German Civil Code and end with an acceptance.
• Testing (sections 7 to 11): basic check, audit and conformance documents. Here Percelia owes the report, not the accessibility of the site assessed.
• Care (sections 17 and 20): ongoing maintenance and monitoring as a continuing obligation.

Which service is commissioned, and in what scope, follows from the individual offer. Where an order combines several types, the rules of the relevant sections apply to each part.

In build work Percelia creates or changes the customer's source code, content or configuration on their behalf. Scope, number of page templates and date follow from the offer. Durations stated on the website are guide values and start only once all customer input (section 9) is complete.

Here too Percelia is not an overlay and not an accessibility widget. No script is embedded that tries to mask barriers at runtime in the visitor's browser. Changes are made in the source code itself, and only at the places commissioned. Percelia changes nothing in customer systems that are not part of the order.

Percelia undertakes to fix the named, measured findings in the order. No promise is given that the website will afterwards be fully accessible, legally safe or free of complaints. The same applies to search engine placements and to the results of advertising.

Changes requested after the order that go beyond the agreed scope must be commissioned separately. Percelia points out the extra work and its price in text form before carrying it out. Up to two rounds of corrections within the agreed scope are included in the fixed price unless the offer says otherwise.

Once finished, Percelia makes the work available for acceptance and says so in text form. The customer checks it within 14 days and either accepts it or names defects in text form. If the customer puts the work into operation, in particular by publishing it under their domain, it counts as accepted. It also counts as accepted if, after the period has passed and following a reminder with a seven-day deadline, the customer does not respond.

Insignificant defects do not justify refusing acceptance. Percelia remedies named defects within a reasonable period. Warranty claims expire under the statutory rules; for build work the limitation period is one year from acceptance, except in cases of intent, gross negligence or harm to life, body or health.

Anything caused by changes the customer or a third party made to the work after acceptance is not a defect, nor are changes to browsers, platforms or third-party services after acceptance.

On full payment Percelia transfers to the customer an unlimited, exclusive and transferable right of use, unrestricted in time, territory and content, in all results created specifically for them, in particular source code, templates, design and configuration. The customer may modify, extend and pass on the results.

Not transferred are rights in tools, building blocks and methods that Percelia developed independently of the order and reuses, and in its own testing software. The customer receives a simple, perpetual right to use these within the delivered work. Where the work contains third-party components such as open-source libraries, fonts or imagery, their licence terms apply; Percelia names them on request.

The customer warrants that they hold the necessary rights in all content they supply, in particular texts, images, logos and video.

Hosting, domains, payment services, font licences and comparable ongoing third-party services are not included in the fixed price unless the offer states so expressly. The customer obtains them in their own name and for their own account; Percelia sets them up on request. Percelia is not liable for the availability, prices or terms of those services.

Percelia loads the agreed pages in its own browser, assesses them across several analysis layers (rule-based, keyboard operation, AI-assisted judgment, layout adaptation, accessibility tree, dynamic behaviour), scores every finding with a confidence value, routes uncertain findings to human review, and produces the report and conformance statement from them. Representative templates and journeys are assessed, not every single URL; the specific scope is set in the offer.

The basic check is machine output without human review and without a conformance statement. The audit additionally includes the full human review of the open cases and concludes with a draft conformance statement under EN 301 549 / VPAT that the customer signs themselves. The statement is a self-declaration about their own service; Percelia produces it from the measured findings and the review decisions and does not certify it.

In pure testing work Percelia changes nothing on the customer's website. No script is embedded; the customer implements corrections themselves unless they additionally commission build work under section 3. Suggested fixes are verified only against a copy of the page in Percelia's own environment.

Percelia continues to develop the service. Material reductions in scope are announced with reasonable notice.

Percelia is not a notified body and not a conformity assessment body. The report and the conformance statement are expert assessments based on a documented testing methodology and serve as the basis for the customer's own declaration. They are not an official certificate, not an assurance of legal compliance and not legal advice.

No automated procedure can determine every WCAG success criterion. Percelia therefore states confidence and methodology for each finding and routes ambiguous cases to human review. Responsibility for the accessibility of the customer's own offering and for meeting statutory obligations, in particular under the German BFSG, BITV and EN 301 549, remains with the customer.

The report reflects the state of the audited pages at the time of testing. Changes made after the audit are not covered.

• The customer names the domains, templates and journeys to be audited and a contact person.
• The customer warrants that it is entitled to commission the audit of the stated addresses, that is that it operates them or has the operator's permission. Percelia may request written confirmation and suspend the audit until it is provided.
• For areas behind a login the customer provides test accounts holding test data, not access to accounts of real users. If real data is made accessible contrary to this requirement, the customer bears the data protection responsibility for it.
• The customer informs the operators of upstream protection systems (WAF, bot protection, rate limits) where these could block the scan, and states any preferred time windows.
• If the customer does not meet these obligations, agreed dates shift accordingly and additional effort may be charged on a time and materials basis.

The scan creates automated requests to the audited pages and thus load comparable in scope and frequency to an intensive visit. Percelia observes agreed time windows and limits. The check that triggers forms blocks the submission and aborts every writing request, so no data is written into the customer's systems and no orders, sign-ups or messages are created. Suggested fixes are verified against a copy of the page in our own environment only.

If the customer or a service provider commissioned by the customer blocks Percelia's requests, for example through bot protection, a web application firewall or rate limits, and the block is not lifted in time, the affected audit run does not take place. If this is detected before payment, no payment obligation arises; if the block occurs afterwards, the customer is refunded for that run. Percelia never circumvents a protection measure of the customer.

The free scan offered on the website is a non-binding short check of a single page using part of the analysis layers. It makes no claim to completeness, does not create a contract for an audit and gives rise to no claims regarding availability or accuracy. Percelia may restrict or discontinue it at any time.

Presentations on the website are non-binding. The contract is concluded by acceptance of an individual quote from Percelia in text form. All prices are exclusive of statutory VAT.

One-off audits are invoiced after acceptance of the report unless agreed otherwise; monitoring is invoiced in advance for the agreed period. Invoices are payable within 14 days without deduction. In the event of default the statutory rules apply (§ 288 German Civil Code); Percelia may suspend the service after prior reminder.

For cross-border business-to-business services within the EU the reverse charge procedure generally applies; the customer provides its VAT ID for this purpose.

Part of the assessment and the suggested fixes are produced with the help of generative AI models. Such models can make mistakes and produce inaccurate statements. Percelia limits that risk by applying every suggestion to a copy of the page and re-measuring it with the same detector that produced the finding; the result of that measurement is stated in the report.

That measurement does not replace testing in the customer's own system. The customer is obliged to review and test every suggestion before adopting it into its template, CMS or shop, and to assess the effects on its overall system. Percelia is not liable for damage resulting from adopting a suggestion without such review.

Upon full payment the customer receives an unlimited (in time and territory), non-exclusive right to use, reproduce, circulate internally, present to authorities and business partners, and publish the report and the conformance statement. The customer may implement the suggested fixes in its source code without restriction.

Percelia retains all rights in the testing software, the methodology and the templates. The customer grants Percelia the right to process the audited content solely to deliver the service. Customer data is not used to train AI models.

Both parties keep the other party's confidential information confidential and use it only to perform the contract. Percelia names the customer as a reference only with its prior consent in text form.

Where Percelia processes personal data on behalf of the customer, the Data Processing Agreement (DPA) under Art. 28 GDPR applies and forms an integral part of this contract. Details of the processing operations and subprocessors are set out in the privacy policy.

Percelia strives for high availability of the dashboard but owes no specific availability without a separate agreement. Maintenance and outages at upstream providers are excluded. For ongoing monitoring: if a scheduled run is delayed, it is carried out afterwards.

Percelia is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act, for fraudulently concealed defects and within the scope of a guarantee given.

For slightly negligent breaches of material contractual obligations, liability is limited to the foreseeable damage typical for this type of contract, at most to the fee paid for the engagement concerned. Liability for slight negligence is otherwise excluded.

Liability is excluded in particular for fines, cease-and-desist costs or third-party claims arising because the customer does not remedy identified barriers, implements the report only partially, or breaches statutory obligations irrespective of the audit result.

The customer indemnifies Percelia against third-party claims based on the customer having commissioned the audit of addresses it was not entitled to have audited, or having provided access to accounts of real users contrary to clause 4. The indemnity covers reasonable costs of legal defence.

A one-off audit ends with acceptance of the report. Monitoring contracts run for an indefinite period and may be terminated by either party with one month's notice to the end of the billing period; for annual terms with 30 days' notice to the end of the term. The right to terminate for cause remains unaffected.

After the contract ends Percelia provides an export of the customer's data and reports for 30 days and then deletes them in line with the DPA, unless statutory retention obligations apply.

Percelia may amend these terms with 30 days' notice in text form, provided the change is reasonable for the customer. If the customer objects within 30 days, the objection counts as ordinary termination effective when the change takes effect. Audits already commissioned remain governed by the terms in force when they were commissioned.

This section applies only to consumers within the meaning of § 13 of the German Civil Code, that is, natural persons entering into the contract for purposes that are predominantly outside their trade, business or profession.

Instructions on withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal you must inform us (Timon Filipovic, In der Breite 54, 79224 Umkirch, Germany, contact@percelia.eu, +49 163 4427640) of your decision by an unequivocal statement, for example a letter sent by post or an email. You may use the model withdrawal form below, but it is not obligatory. To meet the deadline it is sufficient to send your communication before the period expires.

Effects of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we are informed of your decision. We will use the same means of payment as you used for the original transaction unless expressly agreed otherwise; you will not be charged any fees as a result.

Starting work early. If you requested that the service begin during the withdrawal period, you shall pay us an amount proportionate to what has been provided until you informed us of your withdrawal, in comparison with the full coverage of the contract. We begin before the withdrawal period has expired only if you expressly request it.

Model withdrawal form. If you wish to withdraw from the contract, please complete and return this form: To Timon Filipovic, In der Breite 54, 79224 Umkirch, contact@percelia.eu. I hereby give notice that I withdraw from my contract for the supply of the following service (…), ordered on (…), name of consumer, address of consumer, signature of consumer (only if this form is notified on paper), date.

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes is, as far as legally permissible, Freiburg im Breisgau, Germany. In data protection matters the DPA prevails in case of conflict. Should individual provisions be invalid, the remainder of the contract remains effective. Amendments and side agreements require text form. Questions about these terms: contact@percelia.eu.