Printed on: 05/08/2025. Please go to policy.umn.edu for the most current version of the document.
University of Minnesota  Appendix

Accessibility Contract Language

This appendix will take effect and be enforceable on April 24, 2026. In the meantime, University units should work to ensure that their digital content and information technology meets the accessibility standard set by the policy by the April 24, 2026 implementation date. Until then the standards described in Administrative Policy: Accessibility of Information Technology are in effect.

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A University contract for the procurement of the web-based tool or mobile app must contain this accessibility provision, or another provision approved by the Office of the General Counsel, that requires compliance with the Policy.

Accessibility Compliance. If the Services constitute “web content” or a “mobile application” (as defined at 28 CFR § 35.104), Supplier represents and warrants that such Services comply with the Web Content Accessibility Guidelines (“WCAG”) 2.1 Level AA requirements. Supplier further warrants that all Services provided under the Agreement, including information and sensory experiences conveyed through text, images, sounds, videos, controls, animations, portable document formats, word processor file formats, presentation file formats, spreadsheet file formats, etc., comply with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990, as amended, as of the date of this Agreement (together with the WCAG requirement, the “Accessibility Requirements”).

Supplier shall perform comprehensive accessibility testing and validation on the Services at least annually to ensure compliance with the Accessibility Requirements. This testing shall include the use of both automated tools and manual testing by individuals trained in accessibility standards. If any non-compliance with the Accessibility Requirements is identified by such testing, or if the Supplier is notified of any non-compliance by the University or any third party, Supplier shall promptly bring the Services into compliance with the Accessibility Requirements. 

In the event Supplier fails to resolve non-compliance within thirty (30) days of receipt of such notice (or such other timeline as may be mutually agreed upon by the parties), such failure will constitute a material breach and be grounds for termination of this Agreement and Supplier shall issue a pro-rated refund of fees paid by the University for the remainder of the original contract period. Supplier shall indemnify and hold harmless the University from any and all claims, damages, liabilities, costs or expenses arising out of the Supplier’s failure to comply with the foregoing Accessibility Requirements.