This is what we use, but I would consult you legal team before using it:
10.    ACCESS TO ELECTRONIC RESOURCES: If this Agreement is pursuant to UTA’s purchase of Electronic Information Resources from You (including all associated information, documentation, and support) (the “EIR”), You (including all associated information, documentation, and support) (the “EIR”), You represent and warrant (the “EIR Accessibility Warranty”) that all EIR that You provide to UTA pursuant to this Agreement comply with the applicable accessibility requirements set forth in 1 Texas Administrative Code, Chapter 213 and 1 Texas Administrative Code, Section 206.70 (as authorized by Subchapter M, Chapter 2054, Texas Government Code).To the extent You become aware that the EIR, or any portion thereof, do not comply with the EIR Accessibility Warranty, then You represent You will, at no cost to UTA, either (1) perform all necessary remediation to make the EIR satisfy the EIR Accessibility Warranty; or (2) replace the EIR with new EIR that satisfy the EIR Accessibility Warranty. In the event that You fail to do so, or are unable to do so, then UTA may at its sole option immediately terminate this Agreement upon written notice to You, without penalty, liability and further obligation to You. Upon such termination, You will refund to UTA all amounts UTA has paid under the Agreement within thirty (30) days after the date of termination.

Angela

From: Yvonne Reed <Yvonne.Reed@vvc.edu>
Sent: Thursday, March 13, 2025 9:49 AM
To: Morse, Angela Marie <angela.morse@uta.edu>; Graves, Tonia L. <tgraves@odu.edu>; Cody Hackett <chacket@uark.edu>; eluna-accessibility@exlibrisusers.org <eluna-accessibility@exlibrisusers.org>
Subject: Re: Engaging Vendors on E-Resource Accessibility
 

[External]

Hi Angela,
Do you have an example of the language you require in the contract?

Yvonne 


From: Morse, Angela Marie <angela.morse@uta.edu>
Sent: Thursday, March 13, 2025 6:30 AM
To: Graves, Tonia L. <tgraves@odu.edu>; Cody Hackett <chacket@uark.edu>; eluna-accessibility@exlibrisusers.org <eluna-accessibility@exlibrisusers.org>
Subject: [Eluna-accessibility] Re: Engaging Vendors on E-Resource Accessibility
 
You don't often get email from angela.morse@uta.edu. Learn why this is important
We usually bring up how it will effect them monetarily, as the goal of their business is to make money. Protecting themselves from lawsuits and the possibility of institutions not being able to purchase their product after the April 2027 deadline for Title II usually resonates with them. We require language in all of our contracts that holds the vendor responsible/liable for any accessibility issues.

Angela Morse
Assistant Director of Acquisitions
University of Texas- Arlington

From: Graves, Tonia L. <tgraves@odu.edu>
Sent: Thursday, March 13, 2025 8:25 AM
To: Cody Hackett <chacket@uark.edu>; eluna-accessibility@exlibrisusers.org <eluna-accessibility@exlibrisusers.org>
Subject: [Eluna-accessibility] Re: Engaging Vendors on E-Resource Accessibility
 

[External]

I think Cody’s approach of “accessibility is often framed as a compliance issue” and “reframing the conversation to position it as a value-add that enhances usability for all users, broadens market reach, and differentiates vendors from their competitors” is important and tangible next steps to learn about and try to implement.

Thank you,

-Tonia

Tonia Graves

Resource Discovery Librarian

Systems Development

Old Dominion University Libraries

757-683-4188

tgraves@odu.edu

Support the Libraries!

 

 

From: Cody Hackett <chacket@uark.edu>
Sent: Wednesday, March 12, 2025 2:37 PM
To: eluna-accessibility@exlibrisusers.org
Subject: [Eluna-accessibility] Engaging Vendors on E-Resource Accessibility

 

Dear CoP Collective Wisdom,

 

I’m excited to be part of this community and look forward to learning from you all.

 

One challenge I’ve been working through is how to engage vendors in more productive conversations about electronic resource accessibility—particularly during the purchase evaluation process but also throughout the entire e-resource lifecycle. While accessibility is often framed as a compliance issue, I’m interested in reframing the conversation to position it as a value-add that enhances usability for all users, broadens market reach, and differentiates vendors from their competitors.

 

Have you found particular approaches that resonate with vendors? For example:

 

  • Effective framing strategies that lead to real commitments
  • Contractual language or requirements that have helped secure accessibility improvements
  • Methods for holding vendors accountable beyond initial promises

 

I’d love to hear what has worked (or hasn’t) in your experience. Thanks in advance for any insights!

 

Best,

 

Cody W. Hackett

Director of Continuing Electronic Resources and Licensing 

Gladson-Ripley Room 162

University of Arkansas Libraries 

 

Schedule a time to meet with me

 

Seal of VVC

Yvonne Reed,
Faculty Systems Librarian | Learning Resource Center
Victor Valley College
18422 Bear Valley Road
Victorville, CA 92395
Office: Bldg. 41
Email: Yvonne.Reed@vvc.edu
Phone: 760-245-4271 ext 2393