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  • A Comprehensive Guide to ADA Web Compliance

    A Comprehensive Guide to ADA Web Compliance

    As a business owner, you are likely aware that the Americans with Disabilities Act (ADA) is a federal law mandating inclusion for people with disabilities in all areas of public life. Did you know, however, that these protections also extend to websites? The number of website accessibility lawsuits has steadily risen — from 2,314 in 2018 to 4,061 in 2022.

    But don’t worry. We’ve got you covered! In this guide, we’ll take a look at what you need to know as an online business owner about the ADA and its implications for your website, including:

    • What is the ADA?
    • Who Has to Be ADA Compliant?
    • How Does the ADA Assess Web Accessibility?
    • The Rise of ADA Web Compliance Lawsuits
    • Why You Need to Take ADA Web Compliance Lawsuits Seriously
    • Find Out If Your Website is ADA Compliant

    What is the ADA?

    The ADA, or the Americans with Disabilities Act, is a federal law that prohibits discrimination against people with disabilities in all areas of public life. The primary goal of this law is to ensure that people with disabilities have the same rights and opportunities as everyone else.

    The ADA draws on the precedent set by Section 504 of the Rehabilitation Act, which guarantees certain rights to people with disabilities. However, the Rehabilitation Act was very limiting, only applying to the government sector (later amended and updated by Section 508).

    What Does the ADA Cover?

    ADA is a very broad piece of legislation that is divided into five titles. The part of the ADA that affects the way that businesses serve customers and employees is called “Title III.”

    Title III of the ADA, which affects how businesses serve customers and employees, prohibits discrimination in “places of public accommodation.” These “public accommodations” refer to privately owned entities such as restaurants, schools, recreation facilities, and retail stores.

    The ADA necessitates two main things:

    1. Employers must provide necessary accommodations for employees with disabilities to perform their job duties, which may involve accessible restrooms and appropriate office equipment.
    2. Businesses must ensure that their services are accessible to customers with disabilities. This requires features such as wheelchair ramps for building entrances, American Sign Language (ASL) interpretations, and accommodations for service animals.

    Who Has To Be ADA Compliant?

    There’s a common misconception that ADA only applies to large corporations or physical brick-and-mortar stores. Any business with 15 or more employees or any that operates publicly must comply with the ADA. However, this rule does not apply to websites—businesses of all sizes may be served with ADA non-compliance litigation.

    That means that ADA affects:

    • Places of entertainment such as theaters and concert halls
    • Restaurants
    • Retail stores
    • Doctors’ offices 
    • State and local government offices, employment agencies, and labor unions
    • Schools and daycare facilities

    Is ADA Compliance Mandatory for Websites?

    While it was clear from the beginning that the ADA would affect brick-and-mortar stores, it was less obvious if it would cover websites and online applications. As the internet and websites started to play a bigger role in how consumers interact with businesses, the way the ADA is applied to web accessibility had to change.

    In 2010, the Department of Justice (DOJ) began rulemaking activity to assert that all business websites are “places of public accommodation” under Title III of the ADA. The final Notice of Proposed Rulemaking, however, has been postponed by the DOJ multiple times.

    It wasn’t until late 2021 and early 2022 that the DOJ entered into multiple settlement agreements concerning the accessibility of websites used for COVID-19 vaccines. These emphasized that the DOJ “…has consistently maintained that the ADA’s requirements apply to all goods, services, privileges, or activities offered by public accommodations, including those offered on the web.”

    Today, US courts apply ADA accessibility requirements to all online domains, including websites and other web-based applications. Consequently, businesses should strive to comply with ADA rules.

    How Does the ADA Assess Web Accessibility?

    Due to the DOJ’s delay in releasing technical standards for web accessibility, confusion has emerged among businesses and website owners about what is required for ADA compliance. As a result, the DOJ often refers to the Web Content Accessibility Guidelines (WCAG), developed by the World Wide Web Consortium (W3C), as the standard for ADA web compliance. 

    WCAG 2.1 Level AA has become the benchmark for ADA web compliance, even referenced in many joint lawsuits with the DOJ. However, it is important to note that there is no legal standard— even achieving WCAG 2.1 AA conformance does not fully protect you from lawsuits. 

    WCAG 2.1 consists of 78 success criteria written as pass-or-fail statements that address common accessibility issues, such as miss or non-descriptive alternative text and keyboard navigation. 

    The Rise of ADA Web Compliance Lawsuits

    An ADA web accessibility lawsuit can be filed by anyone who feels they have been discriminated against due to a website’s inaccessibility.

    The ADA’s relevance to websites and online applications is more than just theoretical. Since 2017, ADA Title III related lawsuits have skyrocketed, with 2,314 lawsuits filed in 2018 and over 4,061 cases in 2022. Overall, web accessibility lawsuits have increased by 175% over the past five years. Furthermore, these figures don’t include the rising number of ADA legal complaints and ADA compliance demand letters sent to businesses with non-accessible websites.

    In 2022, 1,500 demand letters were sent per week. This represents a steep incline in legal actions pursued following the notice of non-accessible websites on the internet. 

    As an online business or website owner, it’s critical to ensure your website is accessible to everyone, regardless of their disability. Doing so not only helps avoid legal action but also broadens your audience.

    What Are the Most Common Accessibility Issues Cited In Legal Claims?

    Most ADA website compliance lawsuits center around a few recurring issues, including:

    1. Missing Image Descriptions or Alt Text: Images should have descriptive alt text that provides context or meaning for those who can’t see them.
    2. Empty Links and Buttons: All links and buttons should have descriptive labels or text to inform users about their purpose.
    3. Info and Content Structure: Information should be organized logically, and the content structure should be easily navigable by assistive technologies.

    Why You Need to Take ADA Web Compliance Lawsuits Seriously 

    Web accessibility cases against large companies like Domino’s, Netflix, and H&R Block made headlines. However, most lawsuits are against small to medium-sized businesses. In 2022, 72% of ADA non-compliance lawsuits involved companies with less than $50 million in annual revenue.

    These lawsuits can lead to stiff penalties. For example, businesses that violate Title III of the ADA may face a maximum civil penalty of $75,000 for a first violation. Subsequent violations have been seen with up to a $150,000 fine. Since the court would inevitably favor the plaintiff, small business owners often feel they have no choice but to settle out of court. But even the average ADA website lawsuit settlement still comes to $35,000. 

    The implications are clear: a non-accessible website is a significant liability for any company operating on the web today.

    Find Out If Your Website is ADA Compliant

    As a website owner, you must ensure your site is accessible to all, including those with disabilities. Understanding ADA Title III is a crucial step toward achieving this goal. Although the process may seem daunting, it’s a worthy investment that helps you avoid legal complications and improves your website’s usability and reach. So, why not start reviewing your website’s accessibility today?

    Find out if your website is ADA compliant today by scheduling a 15-minute complimentary website audit and consultation with our experts at 216digital. We can help determine if your website is at risk of a lawsuit and offer fast, effective ADA compliance solutions. This ensures your site is accessible to everyone, reducing your risk of litigation so you can continue focusing on what matters most: running your business.

    Greg McNeil

    June 15, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA non-compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Do PDFs Need To Be Web Accessible?

    Do PDFs Need To Be Web Accessible?

    PDFs have become a content staple for online businesses. From brochures and forms to e-books and reports, everyone uses PDFs, and with good reason. They’re compatible with most online content and are the ideal way to share and view information online.

    But have you ever considered how accessible these documents are for disabled users? Despite their many advantages, PDFs often remain a closed book for people with disabilities.

    Read on to learn what an accessible PDF is, how it will benefit your online business, and how to make your PDF files accessible to everyone.

    The Popularity of PDF Documents

    It’s not surprising that PDFs are used so much in the workplace. They are the perfect medium for presenting different types of information in a single document. Text, photos, charts, logos, and other items become fixed in a PDF, so the end-user can’t delete or reorder page elements.

    PDFs also preserve the original formatting, fonts, and layout across different devices and operating systems. This ensures that your documents look the same to all users, regardless of their device.

    Today, PDFs are the most widely used online document format. However, not all PDFs are made with accessibility in mind. While they may appear visually perfect, they can pose challenges for people with disabilities. But why are web-accessible PDFs important?

    Why is PDF Accessibility Important?

    While many businesses use PDFs for essential purposes, it’s important to remember that all online content must be fully accessible. Title III of the Americans with Disabilities Act (ADA) requires businesses open to the public to provide complete and equal access to people with disabilities. Moreover, the Department of Justice (DOJ) has continuously taken the position that the ADA does apply to all online content, including PDFs.

    When authoring your online documents, you must avoid creating barriers for individuals with disabilities. For example, many PDFs need the appropriate tags to define their structure and non-text content. These issues can create barriers for people who use screen readers and other assistive technologies. In that case, you may expose yourself to legal implications and accessibility-related lawsuits. So don’t take the risk; ensure that your PDFs are accessible.

    Aren’t all PDFs Web Accessible?

    Contrary to popular belief, PDFs are not automatically web-accessible. While all PDFs are created using standard desktop publishing tools, they are not explicitly designed with accessibility in mind. As a result, many PDFs contain severe obstacles that can be difficult for users with disabilities to navigate or understand.

    For example, suppose someone with low vision or who is legally blind uses a screen reader. In that case, they won’t be able to read a standard PDF if it lacks alternative text descriptions for images. This is because assistive technology tools like screen readers are not automatically compatible with PDFs.

    In order to make PDFs truly accessible, additional efforts must be taken to address these concerns.

    How are Accessible PDFs Different?

    The fundamental difference between an accessible and inaccessible PDF file is that one can be accessed, viewed, and interacted with by everybody. For a PDF to be considered accessible, it must meet a set of accessibility guidelines:

    1. Web Content Accessibility Guidelines (WCAG): WCAG is the set of guidelines created by the World Wide Web Consortium (W3C) to make web content more accessible to people with disabilities. They provide pass-or-fail success criteria with recommendations that can be applied to web-delivered documents.WCAG 2.1 is the current standard, including specific guidelines for PDF accessibility.
    2.  PDF/UA 1 (ISO 14289-1)  This is an international standard for accessible PDFs, which provides detailed technical specifications for creating accessible documents.

    What Are Tag Trees, and How Do They Help Make PDFs Web Accessible?

    Tagged trees, or “tag trees,” are the main elements for making a PDF accessible. These tags tell assistive technologies how to read the PDF content and identify headings, paragraphs, sections, and tables.

    They ensure that assistive tech tools move from section to section in the correct order without skipping non-text items like graphs or images. By doing so, tag trees can help convey information about the document’s layout, reading order, and organization to assistive technologies.

    Tag trees help make a PDF accessible in several ways:

    1. Reading Order:  Properly tagged PDFs define the correct reading order for the content, ensuring that the text is presented in a logical sequence that makes sense to the user. This is especially important for screen reader users who rely on a linear reading experience.
    2. Alternative Text: Tags can include alternative text descriptions for non-text elements, such as images or charts. This allows screen readers to convey the purpose or meaning of these elements to users who cannot see them.
    3. Navigation: Proper tagging enables users to navigate between different sections or elements of the document easily. For example, the user wants to move from one heading to another or jump to a specific list or table, proper tagging makes this possible.

    To make PDFs accessible, they must be appropriately tagged. This can be done using various tools and software, such as Adobe Acrobat Pro, which allows you to add, edit, or validate tags in a PDF. By making PDFs accessible through the use of tag trees, you help ensure that people with disabilities can access, navigate, and understand your documents more effectively.

    How to Make Your PDF Accessible

    PDFs can be made accessible if you structure and tag them correctly to meet accessibility standards. However, creating your document with accessibility in mind from the beginning is much easier than editing it once it has been made!

    Here are some tips to make your PDFs more accessible:

    • Add descriptive text for images, charts, and other non-text elements.
    • Ensure that your document follows a clear hierarchy with headings, lists, and tables (i.e., H1, H2, H3)
    • Choose fonts that are easy to read and ensure sufficient contrast between text and background colors.
    • If interactive form fields need to be completed, ensure the user can enter values and move from one field to the next logically using the keyboard.

    Some tools like Adobe Acrobat Pro and Acrobat DC add tags automatically with the “save as accessible PDF” function. However, they are not perfect. You’ll still need to check tags manually to ensure they match the content and are ADA-compliant.

    How to Check PDFs for Web Accessibility

    Every organization needs to consider accessibility from the first stages of document creation. PDFs are not only a legal requirement in many jurisdictions but also a smart business strategy. By making your PDFs accessible, you can reach a larger audience, improve your SEO, and demonstrate your commitment to inclusivity. Start implementing web accessibility into your PDF documents today by scheduling a complementary ADA Strategy Briefing with 216digital. Unlock the full potential of your online business.

    Greg McNeil

    April 10, 2023
    Legal Compliance, WCAG Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Why AI & Overlay Widgets Fail ADA Website Compliance

    Why AI & Overlay Widgets Fail ADA Website Compliance

    As the digital world continues to evolve, many businesses are turning to Artificial Intelligence (AI) and overlay widgets to make their websites accessible. While these technologies are marketed as solutions to make websites ADA compliant, they often fail to deliver on that promise. In fact, they often make websites less accessible for those with disabilities.

    What are AI and Overlay Widgets?

    AI and overlay widgets work by modifying a website’s code with a snippet of JavaScript, usually in the form of a toolbar, plugin, app, or widget. However, while they claim to detect and correct web accessibility barriers dynamically, overlays do not fix the website’s source code. Instead, they can detect fundamental accessibility issues, such as color contrast and text size, to make modifications. While overlays might seem like a cheap and beneficial method for web accessibility, they do not fix the underlying code. Leaving website owners exposed to the risk of an ADA lawsuit.

    Why Overlay Solutions Fail to Deliver True Web Accessibility

    Many AI and overlay solutions are used as a band-aid to cover up fundamental web accessibility issues. Still, they do not resolve the critical accessibility issue. Relying on an AI or overlay tool as a long-term solution can open you to legal risk, and provide a false sense of security.

    Web Accessibility Barriers Not Resolved with AI and Overlay Widgets

    One of the biggest problems with AI and overlay widgets is that they do not address the inherent access barriers on websites. These technologies are designed to make websites more accessible for people with disabilities. However, they need to address the underlying issues that make websites inaccessible in the first place. Unfortunately, the WCAG guidelines are too complex for overlay tools to provide the robust modifications required.

    So, what issues are ignored by AI and overlay widget tools?

    • Multi-level navigation menus not navigable via keyboard
    • Newsletter popups, flyout carts, and other modals do not trap or automatically receive focus
    • Logical tab order violations
    • Images, buttons, and form fields that have incorrect labels
    • Buttons created using non-interactive HTML tags that cannot be operated via keyboard

    While most of these issues are not visible to all users, these issues are significant barriers for users with disabilities. This means that while AI and overlay widgets may provide some level of accessibility, they often fail to make websites usable for those with disabilities.

    Overlays Can Increase Accessibility Barriers

    AI and overlay widgets can increase accessibility barriers. These technologies may add additional steps or layers to the user experience. Making it more difficult for people with disabilities to navigate and interact with websites. This can be especially problematic for people with cognitive disabilities, who may struggle with the added complexity of using AI and overlay widgets.

    AI and Overlay Widgets Override Existing Assistive Technology Tools

    Furthermore, AI and overlay widgets can affect users’ existing assistive technology tools. Making it difficult for people with disabilities to use the technology they already rely on to access websites, such as screen readers or voice recognition software.

    Additionally, AI and overlay widgets may not be able to interact with these tools in a way that benefits all users. This can create a frustrating and inaccessible experience for those with disabilities, who may feel that the added technology is just another barrier to accessing information and services online.

    Overlays Prevent an Inclusive Web Experience

    By adding additional layers of technology to websites, these technologies can create a sense of exclusion for those with disabilities, who may feel that they are not part of the mainstream online experience. This can also lead to a lack of engagement and motivation to use websites and participate in online communities.

    These barriers can lead to poor brand perception and potential loss of revenue. By using overlays, you are offering people with disabilities a different web experience with reduced functionality. This directly contradicts the goal of digital inclusion. Creating an inclusive web experience entails fixing accessibility issues to create one accessible, homogenous brand experience.

    AI and Overlay Widgets Hinder Website Performance

    AI and overlay widgets can slow website performance, making it more difficult for all users to access information quickly and efficiently. In addition, these technologies often rely on complex algorithms and software that can be resource-intensive. Resulting in longer screen loading times and making it difficult for users to access the website and its content. This can be especially problematic for people with mobility or motor disabilities. As they may have limited time to interact with websites and need quick and responsive access to information.

    Overlays Solution Increase Legal Liability

    Finally, AI and overlay widgets increase legal liability. AI and overlay widgets are automated technology utilizing complex algorithms and software. However, automated scans can only detect 30% of web accessibility errors. The remaining 70% of the issues are detected only through manual testing. While some overlay providers provide manual testing and remediation services, this often comes at a hefty cost for the website. The remediation is only applied to the overlay layer, exposing the underlying barriers.

    If a website is not accessible to users with disabilities, it violates laws such as the Americans with Disabilities Act (ADA). Unfortunately, AI and overlay widgets cannot provide the level of accessibility required by these laws. Therefore, increasing the legal liability for website owners with accessibility overlays or widgets installed. In fact, there has been an upward trend of lawsuits filed against companies with accessibility overlays or widgets installed. With 400 lawsuits being filed in 2021 and 600 in 2022.

    What Should Website Owners Do Instead of Using Overlays?

    While AI and overlay widgets might seem like an easy solution to protect your website, you must adapt the WCAG 2.1 guidelines and best practices into an ongoing process.

    As you make changes to your website, new accessibility issues can arise. So, it is essential to test your website often. And although AI and overlay widgets should be avoided, not all digital technology is bad. For example, automated testing is an efficient and reliable tool to regularly check your website for low-hanging barriers and stay on top of WCAG compliance. But, of course, even the best-automated accessibility solution will not be able to detect every problem. That is why manual testing by accessibility experts who know what to look for is required. Luckily, 216digital has ADA experts to provide risk mitigation, manual testing, ADA remediation, and ongoing monitoring services to help you achieve your accessibility goals and needs.

    Conclusion

    While AI and overlay widgets may seem like a good idea for web accessibility, they fail to deliver. These technologies can increase accessibility barriers, affect users’ existing assistive technology tools, prevent inclusive web experiences, slow website performance, and increase legal liability. Instead of relying on these technologies, businesses should focus on creating truly accessible and inclusive websites that meet the needs of all users, including those with disabilities.

    The 216digital web accessibility experts are ready to help you through each step of your accessibility journey. Answering your questions and resolving each obstacle. From ADA Accessibility Lawsuit Risk Mitigation to expert ADA Remediation, we put you in a position of strength. We understand how websites get targeted for frivolous lawsuits and what to do to keep you off the radar of law firms that specialize in filing ADA lawsuits.

    Become web accessible on your terms with 216digital by developing a strategy to integrate WCAG 2.1 compliance into your development roadmap as part of the development process. Learn more about how the ADA experts at 216digital can help achieve ongoing real-world accessibility on your terms by scheduling an ADA Strategy Briefing today.

    Greg McNeil

    February 14, 2023
    Legal Compliance
    Accessibility, ADA Compliance, ADA Website Compliance, Ai and Overlay Widgets, Website Accessibility, Website Accessibility Tools
  • Are Web Accessibility Testing Tools Enough to Ensure Compliance  

    Are Web Accessibility Testing Tools Enough to Ensure Compliance  

    As the internet continues to grow and evolve, the importance of website accessibility becomes ever more crucial. A website’s accessibility is not just a matter of convenience but a matter of civil rights as well. This is why website accessibility checkers have become a popular tool for many web designers and developers. They help identify potential barriers that could make a site difficult for those with disabilities.

    However, while website accessibility testing tools are a great starting point, they are not a comprehensive solution for ensuring website accessibility. Relying solely on website accessibility testing tools can be a dangerous mistake that could leave your website inaccessible to a significant portion of your target audience.

    What Are Website Accessibility Testing Tools?

    Automated website accessibility testing, such as Lighthouse, WAVE, and Firefox Inspector, automate the process of checking a website for accessibility barriers. These tools can quickly scan a website and identify potential accessibility barriers, such as missing alt text, improper header structures, and broken links. The results from these tools come in the form of a report. This can be used as a starting point to improve accessibility.

    Do Website Accessibility Testing Tools Provide False Sense of Security?

    Website accessibility testing tools are valuable in identifying potential barriers to accessibility. However, it’s important to note that website accessibility testing tools are not perfect.

    Limited Detection of Web Accessibility Barriers

    Automated testing tools are limited by the algorithms and data sets they use to identify accessibility issues. As a result, they can only detect what they are programmed to and might miss some critical accessibility barriers. For example, website accessibility testing tools cannot test for keyboard accessibility, essential for individuals who use assistive technology to navigate the web. In addition, automated testing tools can only detect about 30% of accessibility issues. The remaining 70% of barriers can only be detected through manual testing by a person.

    This is why passing website scans can provide a false sense of security if a manual audit is not included as part of the accessibility review process. By incorporating a manual accessibility audit into your review, the pitfall of your website passing one or more automated accessibility checks but still be non-compliant and inaccessible can be avoided.

    Inaccurate Results and False Positives

    There’s another potential issue to remember when using automated web accessibility testing tools, inaccurate results or false positives. This occurs when an accessibility test identifies a barrier that does not exist, leading you to fix issues that are not necessary.

    What are False Positives?

    Automated accessibility tools analyze patterns within your website’s code and markup. Most tools compare your website’s code to the international standard for digital accessibility, Web Content Accessibility Guidelines (WCAG). 

    Some WCAG guidelines have simple pass-or-fail resets. For example, WCAG requires alternative text for non-text content, such as images. If an image does not contain an alt tag, that is considered a “fail.” However, other issues that require a deeper understanding of context are limited to AI tools, which result in false positives. For example:

    • Some images, such as logos and dividers, are purely decorative and do not require alt text. However, they must be implemented in a way assistive technologies can ignore. WCAG Success Criterion (SC) 1.1.1, “Non-text Content,”
    • Purely decorative text or low-contrast logotypes do not violate WCAG’s color contrast requirements. However, automated tools can not determine what text qualifies for these exceptions. WCAG 2.1 SC 1.4.3, “Contrast (Minimum)”
    • Content that contains the WAI-ARIA aria-hidden attributes. While WAI-ARIA aria-hidden attributes are not also necessary, there are legitimate reasons to use aria-hidden to hide content from AT.

    While this is not a comprehensive list, many WCAG criteria have exceptions for certain types of content. Unfortunately, the WCAG guidelines are to complex for automated tools to provide accurate feedback on all accessibility barriers. However, the purpose of accessibility is to accommodate real users, not AI tools.

    Don’t Rely On Web Accessibility Testing Tools Alone

    While web accessibility testing tools are beneficial, they should not be relied on alone. Instead, automated tests need to be combined with a manual review from a web accessibility expert to remove all accessibility barriers.

    Manual Audits

    Manual audits are more thorough and time-consuming, but they provide a more accurate assessment of website accessibility. A manual review involves evaluating a website by using a combination of tools and human judgment. It consists of testing a website using various assistive technologies. This includes screen readers, keyboard navigation, and magnifiers, to simulate the experience of individuals with disabilities. Manual testing can help to identify the remaining 70% of barriers that automated testing tools cannot find, such as poor alt tags, confusing navigation, and inaccessible forms.

    A manual review can also ensure that website accessibility guidelines are being met. For example, the WCAG guidelines state that websites must be perceivable, operable, understandable, and robust. A manual review can ensure these guidelines are met by evaluating the website’s content, structure, and functionality.

     

    In Conclusion

    Website accessibility testing tools and manual review are crucial for ensuring web compliance. While website accessibility testing tools help identify potential accessibility issues, a comprehensive manual review is necessary for full accessibility. In addition, manual reviews can identify barriers that automated testing tools cannot and ensure that website accessibility guidelines are met.

    In conclusion, ensuring a website is accessible to everyone is not only a matter of convenience but also a matter of civil rights. A combination of website accessibility testing tools and manual review can help to ensure that websites are accessible and compliant with WCAG guidelines.

    For guidance with your accessibility initiative, schedule an ADA Strategy Briefing today to connect with a web accessibility expert at 216digital.

    Greg McNeil

    February 13, 2023
    Testing & Remediation
    Accessibility, ADA Compliance, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • What Are the Levels of WCAG Compliance?

    What Are the Levels of WCAG Compliance?

    When it comes to accessibility compliance, the Web Content Accessibility Guidelines (WCAG) version 2.0 is the most widely used standard worldwide. WCAG has set internationally shared standards for web content accessibility to meet the needs of individuals, organizations, and governments. Web Content applies to all content on a web page or application, including text, images, sounds, code, or markup that define a website’s structure or presentation.

    There are three levels of WCAG compliance: A, AA, and AAA. Although this distinction is essential, it can be baffling. Therefore, we will discuss what WCAG A, AA, and AAA are, what they mean for your site, and which compliance level to aim for when becoming accessible.

    Learn more about WCAG and ADA Web Accessibility Standards

    What are the WCAG Levels?

    There are three compliance levels within WCAG 2.0: A, AA, and AAA. For a website to be accessible for all users, each level’s requirments must be met. The distinction between conformance levels gives an organized structure requiring an increasingly higher standard of accessibility. The three levels provide flexibility upon different situations. For example, in complex websites or advancing technologies, to maintain a minimum level of compliance.

    WCAG Foundation Principles

    Each level of compliance is based on the same four principles of web accessibility. These principles are the foundations for content on the web and anyone wanting to use it. WCAG 2.0 guidelines follow these four principles: perceivable, operable, understandable, and robust, referred to as POUR. Therefore, to understand each WCAG level, it is essential to start with their foundation. 

    Perceivable

    A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most users perceive content and elements on a website through visuals. However, sound or touch are used alternatively for those unable to. 

    Operable

    A website’s interactive elements such as controls, buttons, and navigations should be operable by all users. Users must operate the interface elements by first identifying those elements and selecting those options. Most users can interact by clicking, tapping, swiping, or rolling. However, users who cannot physically click require voice commands or other assistive devices to engage with interactive elements. 

    Understandable

    Websites must be clear and concise in presenting predictable patterns for interaction and design. Users should have no issue comprehending the meaning or purpose of the presented information, including the function of buttons or other elements on a website. Everything should have a purpose and should be recognizable to all users.

    Robust

    Content must be robust enough for users to understand the function and reliably use various assisting technologies. 

    What Do the Different WCAG Conformance Levels Mean?

    As previously mentioned, WCAG 2.0 A, AA, and AAA all have specific criteria to be met. The requirements for a website include all interactive elements, content, and presentation following four principles of POUR. WCAG does provide guidelines for each level for what an accessible website should do, each level building upon the next. However, the specific actions each website must take to be considered accessible or reach a certain level of compliance are not outlined. The most significant difference between conformance levels A, AA, and AAA is what they mean for the users of each website. 

    WCAG 2.0 Level A: Minimal Compliance

    Level A covers the basic requirements and is the minimum degree of accessibility for a website to be accessible. Basic requirements to meet Level A do not impact the design or structure of the website. Failure to fulfill will result in an inaccessible website and will be impossible or exceedingly difficult for users with disabilities to use.

    Notable WCAG 2.0 Level A success criteria include:

    • All non-text content such as audio, video, or images must have a text alternative such as an alt text within the website’s code or captions to serve as an equivalent source for information and context. 
    • Users can effectively navigate the website using only keyboard inputs.
    • Time-based media or video content must have a media alternative for text. 
    • Content and interface elements conveyed through presentation can be extracted and presented to the user in different modalities through assistive technologies or user agents.
    • Color is not used as the only visual means of conveying information, prompting a response, distinguishing an element, or indicating an action by the user.

    WCAG 2.0 Level AA: Acceptable Compliance

    Level A conformance is an excellent starting point. However, Level AA goes further by ensuring a website must be deemed usable and understandable for most people, regardless of ability. For this reason, level AA compliance has been the standard for accessibility and web accessibility laws globally, including the ADA and Section 508 in the United States. 

    Notable WCAG 2.0 Level AA success criteria include:

    • Text for content, captions, and text images can be resized without assistive technology up to 200% without loss of range of function.
    • Text or alt text is used to convey information or content rather than images with text.
    • More than one way to locate a web page within a website except when the web page is the result of a process or steps
    • Navigation elements are consistent throughout the site
    • Form fields have accurate labels

    WCAG 2.0 Level AAA: Completely Compliant

    Compliance at WCAG 2.0 is the highest level of accessibility and accommodates the maximum number of users. Unfortunately, it is also the most challenging level to achieve. While this level of compliance would be ideal, it is not necessary., W3 states they do not recommend or require Level AAA compliance for an entire website since it is impossible to achieve Level AAA from some content.

    Notable WCAG 2.0 Level AAA success criteria include:

    • Sign language interpretation for audio or video content
    • Visual presentation of text and images has a contrast ratio of at least 7:1 except for large text, logo, or visual decorative components with no significance to the content.
    • Timing is not an essential part of any activity on the website. 
    • The website does not contain anything that flashes more than three times in any one second.
    • Context-sensitive help is available.

    Can You Partially Meet a WCAG Level?

    A website must meet all of the accessibility compliance level’s guidelines. To state that a website is Level AA compliant, it must meet every requirement for both Level A and the Level AA guidelines. Therefore, if you meet the24 out of 25 requirements for Level AA, your site will still be deemed only a Level A. However, please do not use this not to try to aim for higher levels of compliance. The more accessible your site is, the better the user experience is for your users regardless of their abilities.

    What WCAG Level to Aim For

    Most websites and development teams aim to meet Level AA. The legally required level for legislation for specific sites is Level AA, including the ADA and Section 508. Suppose you want to strengthen your existing website by making it ADA compliant. In that case, it is best to accomplish the Level A criteria first before progressing to Level AA. A Level A compliance level is still more accessible than an inaccessible website.

    Closing

    Understanding the different levels of WCAG 2.0 and their requirements can serve as a guide when implementing accessibility into your website. Take the first steps towards becoming accessible. Testing and correcting accessibility issues will help better your business and mitigate expensive ADA lawsuits. 

    Integrating accessibility can seem intimidating at first, but 216digital  is here to help. If you would like more information on web accessibility or how to make your website accessible today, schedule a 15-minute complimentary consultation with our experts.

    Greg McNeil

    January 27, 2022
    WCAG Compliance
    Accessibility, WCAG, Website Accessibility, Website Accessibility Tools
  • 2022 ADA Web Accessibility Standards and Requirements

    2022 ADA Web Accessibility Standards and Requirements

    For most of us, it’s hard to imagine trying to navigate the world today without the web. We use it for almost everything: socializing, shopping, consuming media, research, the list goes on. However, the web is not accessible to all. Individuals with disabilities or impairments struggle to use the internet or are unable to. Unfortunately, the lack of standardized guidelines for proper website development and design has left the web full of obstacles and barriers. As a result, The Web Accessibility Initiative (WAI) was created to standardize web accessibility and develop universal guidelines for web content and applications, browsers, and authoring tools. Below, we will take a look at what you need to know as an online business owner and user about web accessibility, including:

    • What is a Web Accessibility? 
    • What are the Requirements for Web Compliance?
      • Web Accessibility Standards
      • The Four Principles of Web Accessibility
      • The Components of Web Accessibility
    • Compliance and Legislation ADA
      • WCAG
      • Section 508
    • How Can 216digital Help Your Website ADA Compliant?

    What is Web Accessibility?

    We have all experienced inconveniences of blurry images, websites not compatible with mobile devices, and slow-loading websites on the internet. While these issues may be annoying, they can completely restrict internet usage for individuals with disabilities or impairments. 

    Web accessibility helps aid in the development of perception, understanding, contribution, navigation, and interaction for individuals with disability or impairments on the internet. All ­­individuals should have the same access to digital information regardless of their ability. Therefore, integrating accessibility into your website is vital for all customer experiences. 

    Learn more about what is web accessibility and its importance.

    What are the Requirements for Web Compliance?

    Before making your website accessible, you must first understand the standards, principles, and components that contribute to making a website accessible.

    Web Accessibility Standards

    The Web Content Accessibility Guidelines (WCAG) provide an internationally shared standard for web content accessibility. Web content is the information on a web page or application, including text, images, sound, and code that defines a website’s structure or presentation. 

    There are two versions of WCAG currently applied: WCAG 2.0 and 2.1. WCAG 2.0 was published in 2008 but was not accepted by the International Organization for Standardization (ISO) until 2012. 2.1 was published ten years later in 2018 to include all of the previously accepted standards of 2.0 with additional criteria. WCAG 2.0 and 2.1 are backward-compatible, meaning that content conforming to WCAG 2.1 follows WCAG 2.0. 

    Following the standards introduced by WCAG, websites’ success at implementing accessibility practices are classified into three levels of conformance, Level A, AA, and AAA. 

    Level A

    Level A is the basic requirement and the minimum degree of accessibility that must be satisfied. Failure to fulfill will result in an inaccessible website. 

    Level AA

    This level addresses the more common web barriers individuals with impairments or disabilities face. In addition, Level AA is also the highest conformance required by most websites to remove the most significant accessibility barriers.  

    Level AAA

    The highest level for accessibility under WCAG is level AAA. Unfortunately, it is also the most difficult to achieve. Achieving this level of compliance is desirable but is not necessary. 

    The Four Principles of Web Accessibility

    The principles of web accessibility are the foundations for all content on the web and for anyone wanting to use it. WCAG 2.0 and 2.1 guidelines follow these four principles: perceivable, operable, understandable, and robust, also known as POUR. POUR is an acronym used to define functional accessibility in a website.  

    Perceivable

    A website’s information and elements must be apparent to the user, leaving nothing undetectable or invisible. Most web users perceive the content and elements of a website through visuals. Sound or touch are used alternatively for those unable to. For instance, a well-written alternative text can help provide context to that missing viable information for individuals unable to visually perceive an image. 

    Operable

    A website’s interactive elements such as controls, buttons, navigations, and more should be operable for all users. Users must operate the interface elements by first identifying those elements and physically selecting them. Those who cannot engage with interactive elements by clicking, tapping, swiping, or rolling use voice commands or other assistive devices. In other words, websites should not require actions that some users cannot perform. Some users won’t even use your website if they cannot function with a keyboard alone. These barriers can limit your website’s reach and create a poor user experience for all users. 

    Understandable

    Websites must be clear and concise in presenting predictable patterns within their use and design. Users should have no issue comprehending the meaning or purpose of information. The “understandable” principle also applies to user interaction elements such as buttons or other elements on your site. Everything should have a purpose and meaning and should be recognizable.

    Robust

    Content must be robust enough for users to understand the content’s function reliably using a wide variety of technologies, including assistive devices. Above all, as technologies advance, content within a website should remain accessible. 

    The lack of any of these four principles will make your website inaccessible. Therefore, the WCAG guidelines and standards branch out on these four principles into more detailed levels as discussed above, Levels A, AA, and AAA.

    The Components of Web Accessibility

    Accessibility is an aspect that covers every part of a website. The various components of a website should interconnect and complement one another for the site to function and be available for individuals with impairments or disabilities. These components include content, user agents, authoring tools, and evaluation tools. 

    Content

    Content encompasses all of the information on a website or web application, including elements on the front and back ends. The content consists of text, images, sounds, presentation, structure, and interactive features on the front-facing end. On the backside of a website, the scope includes the code, scripts, or markups assistive technologies use. 

    User-Agents

    User agents act on behalf of a user, including web browsers, media players, plug-ins, and assistive technologies. 

    Authoring Tools

    Authoring tools assist in creating digital content, such as blogs or code editors. 

    Evaluation Tools

    Evaluations tools can help determine how effective your accessibility attributes are and help to track your remediation efforts. 

    Compliance and Legislation

    The growing awareness of digital accessibility as a civil right has increased dramatically. As a result, several countries have started to set web accessibility standards and regulations to pressure website owners to address these issues or face legal actions and public scrutiny. By complying with web accessibility legislation, you could mitigate a frivolous ADA lawsuit. Here are some of the more prominent laws and guidelines globally and in the United States. 

    ADA

    The Americans with Disabilities Act, or ADA, was passed on July 26th, 1990, in the United States to ensure equal and fair treatment for individuals with disabilities. The Act secures equal rights for people with disability in the fields of employment, state and local governments, public accommodations, telecommunication, and miscellaneous provisions. Therefore, these five fields are typically referred to as Title I, II, III, IV, and V of the ADA.

    Title III states that all areas of public accommodation, such as hotels, schools, restaurants, and retailers, must secure equal access to services and information for all users. As the internet has evolved, websites and mobile apps have become essential places to shop, learn, share and connect. Therefore, new lawsuits under the Act have prompted the Department of Justice (DOJ) to expand the definition of areas of public accommodation to include websites and online applications. Therefore, any barriers prohibiting or limiting access to a website violates Title III. 

    WCAG

    As discussed prior, The Web Content Accessibility Guidelines, or WCAG, is the international accessibility standards established by the World Wide Web Consortium(W3C). The guidelines offer technical recommendations on how to make your website content accessible. Although WCAG is not enforceable, the guidelines have become the foundation of severe mandatory accessibility regulation around the world, including The United States Section 508, 

    Section 508

    Section 508 of the Rehabilitation Act of 1973 requires all federal agencies in the United States to ensure that electronic and information technology is accessible to people with or without disabilities. The electronic and information communication technology subject within Section 508 includes websites, web applications, software, and digital documents. In 2018 Section 208 was updated to coordinate with the international accessibility standards of WCAG. 

    How Can 216digital Help Your Website ADA Compliant?

    Becoming web-accessible can become confusing, intimidating, and costly, but knowing you are not alone is essential. Here at 216digital, we are passionate about web accessibility and ensure you are getting the most money. That is why we offer different ADA remediation services to fit what your website and business need now. In addition, we have teamed up with the National ADA law firm to understand better how furious lawsuits occur, what they target, and how to resolve this issue before it’s too late. 

    If you would like more information on web accessibility or how to make your website accessible today, schedule a15-minute complimentary website audit and consultation with our experts.

    Greg McNeil

    January 27, 2022
    Legal Compliance
    Accessibility, ADA Website Compliance, Website Accessibility, Website Accessibility Tools
  • Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say

    Are ADA Overlays a Liability? Here’s What Accessibility Experts Had to Say

    Lawsuits for websites that are not ADA complaint continue to threaten many internet businesses.

    These companies often turn to accessibility tools to quickly make their sites ADA compliant, thinking they’ll be protected from a lawsuit.

    Accessibility tools (screen overlays and widgets,) such as UserWay, AccessiBe, and AudioEye, work by adapting website content to users’ needs.

    Yet, the levels of accessibility that these tools offer varies from overlay to overlay. To cut through the noise surrounding website accessibility tools, we reached out to several industry experts.

    The ADA Experts

    Kim Testa: The Executive Vice President of the Bureau of Internet Accessibility, industry leaders in eliminating the accessibility digital divide since 2001.

    Eli Freedman: The Senior Partnership Success Manager of accessiBe, a two-part web interface and ai accessibility tool hailed as “World-Leading Web Accessibility Technology.”



    Richard Hunt: Partner, Hunt Huey PLLC. Hunt Huey PLLC has a national disability rights practice that includes defending real estate developers, retailers, restaurants, shopping centers, banks, apartment owners and managers, hotels, single-family developers, homeowners associations and other enterprises in ADA and FHA litigation.

    With their professional insight, we find answers to some of the most pressing questions surrounding the use of website overlays to achieve ADA compliance online.

    1. Are screen overlay products effective for making websites appear to be ADA compliant?
    2. If you install a screen overlay product, will you be less likely or more likely to become the victim of an ADA non-compliance lawsuit?
    3. When using a screen overlay product, can site visitors use their own assistive technology?

    Are screen overlay products effective for making websites appear to be ADA compliant?

    Screen overlay products improve website accessibility by adapting the existing assets of a website to best fit the needs of a disabled user.

    These changes are not automatic and must be triggered by the user before making any visible adjustments to a site. We asked Kim, Eli, and Richard their perceptions of the effectiveness of these accessibility tools.

    Kim Testa|The Bureau of Internet Accessibility

    “In the world of digital inclusiveness and accessibility, overlay products do nothing to ensure the original website code is compliant to WCAG 2.1 A/AA.  

    They work by “recreating” the web pages with “their” code. A script is then inserted into the website’s original code, which in turn hijacks the user’s screen reader and forces them to learn a new technology. In some instances the overlay solutions make the user identify themselves as someone living with a disability. 

    Keep in mind that 99% of people that need assistive technology, have their own and do not need, nor want to be forced to use someone else’s. While overlays may sound like an easy, quick-fix – they do absolutely nothing to remediate the accessibility issues of a website, web-based applications, or native mobile apps.”

    Eli Freedman | accessiBe

    “There has been a lot of buzz in the marketplace discussing why web accessibility overlays are not compliant. We can say for certain that overlay companies pose their solutions as being compliant, when in fact they are not.

    Research shows overlays only handle up to 25% of the WCAG requirements leaving the remaining 75% inaccessible and vulnerable to lawsuits. Why? Those overlays only handle the more simple requirements which are the CSS adjustments of a website. For instance, color contrast ratios, stop animations, larger cursors, font colors and sizing, and more.

    Where accessiBe differs from other layover tools is that it handles both the foreground CSS adjustments and the 75% ‘heavy background lifting’ WCAG 2.1 AA requirements like Aria attributes, assistive technology compatibility, alt tags for images, contextual understanding Ai that assigns all the correct elemental structures like pop-ups, forms, icons, buttons, and website behaviors.”

    Richard Hunt | Hunt Huey PLLC

    ““ADA compliant” isn’t really a meaningful question because there is no objective regulatory or judicial standard for business website ADA compliance (Government websites covered by the Rehabilitation Act have a standard almost identical to WCAG 2.0 AA). In fact, there isn’t even agreement on why a website has to be accessible under the ADA, and until you know why the website needs to be accessible it is impossible to say whether it meets that need.

    We can say that in the broadest terms a website does what the ADA requires if a disabled individual has meaningful access to all the goods and services it offers. That is a subjective standard because it depends on the particular user and their assistive technology. Government agencies, businesses, and lawyers hate subjective standards, so most are using WCAG 2.1 or 2.0 AA as a kind of substitute measure of accessibility. Those standards involve compromises (that’s why there is an AAA standard) which means that even a website that conforms to WCAG 2.1 AA may not be accessible to all users and all assistive technologies.

    The courts have not yet resolved whether the compromise represented by WCAG 2.1 AA is good enough to satisfy the ADA or is perhaps even better than the ADA requires. As for overlays, if you don’t know what the standard is you can hardly claim to meet that standard. A claim that an overlay makes a website ADA compliant will always be false, no matter how good the overlay is.”

    Bonus Tip: To find out if your website is accessible, you can request our accessibility specialists to conduct a free site scan, by clicking here.

    If you install a screen overlay product, will you be less likely or more likely to become the victim of an ADA non-compliance lawsuit?

    For many companies, the purpose of installing an accessibility tool is to protect themselves from an ADA non-compliance lawsuit.

    But how effective are accessibility screen overlays at protecting your business? Here’s what Kim, Eli, and Richard had to say.

    Kim Testa|The Bureau of Internet Accessibility

    “Since overlays really don’t fix the issues, websites are wide open for a lawsuit. There are tools on the market that are used to identify websites that are using overlays and widgets…  

    It’s simple for lawyers to get a list and target the companies using them. There is no magical solution to becoming digitally compliant, the only way to know if a website is compliant is to have a complete audit, both automated testing and manual testing (done by individuals living with disabilities) all done at the same time.”

    Eli Freedman | accessiBe

    “If a website owner has a layover tool that does not handle the ‘heavy background lifting’ as stated above, they are definitely at a greater risk of being served a demand letter or a lawsuit.


    Reports have been received from people in the disabled community in tandem with law firms around the US are grouping together to find websites that are using layovers and targeting them with ADA lawsuits and demand letters as they too know those layovers are not making their websites accessible.”

    Richard Hunt | Hunt Huey PLLC

    “Plaintiff law firms use software scanning tools to look for non-conformance with WCAG 2.1 or 2.0 at success level AA. A product can only reduce the likelihood of a lawsuit if it makes the website look like it is in conformance when scanned by the most commonly used software tools. 

    As I understand it software scanning tools will not ordinarily trigger the accessibility features of an overlay that requires a user choice. Thus, if the website relies on the overlay to correct underlying non-conformities based on a user choice the overlay will not reduce the risk of a lawsuit. 

    It is also important to remember that software scanning tools not only miss errors, they also report false positives. For example, because a scanning tool can’t tell if an image is purely decorative it will mark a decorative image without alt text as a nonconformity even though such images are not required to have alt text under WCAG 2.1 AA. 

    To reduce the risk of litigation any solution must make the website appear perfect or almost so to the most commonly used scanning tools, whether or not that really makes the website easier to use for those with disabilities. As for plaintiffs targeting websites that use layovers, it would not be surprising if it were perceived by the plaintiff’s bar as a profitable enterprise.”

    When using a screen overlay product, can site visitors use their own assistive technology?

    Many disabled internet users have been dealing with accessible websites for a long time. Since most sites aren’t aware of their needs, they’ve had to rely on their own assistive technology to navigate the internet.

    But if a disabled user tries to use their own tools on a site with an accessibility overlay, can both systems communicate with each other?

    Kim Testa| The Bureau of Internet Accessibility

    “Yes, but as [I] stated earlier, a user may come to the website with their own assistive technology but, upon entering the site, the script will take over and force the visitor to use the overlay technology, making the user abandon their own, known assistive technology.  

    Many times when this happens the user will leave the site and never return. Companies are looking to acquire new visitors not frustrate them to the point that they leave. ”

    Eli Freedman | accessiBe

    “In most cases, yes they can, however, that does not mean that it will be completely compatible with all assistive technologies like screen readers or keyboard navigation only.

    In addition, there are certain layover tools that have screen readers embedded within their ‘solutions’ which is purely a marketing gimmick. This is actually counterproductive since those with disabilities have their own assistive technologies and the embedded screen reader’s conflict with their own technologies.”

    Richard Hunt | Hunt Huey PLLC

    “Whether a particular overlay is compatible with any particular assistive technology is not within my technical expertise. What I can say is that in general, the ADA requires that any facility be accessible to disabled individuals as they come to it; that is, with whatever technology they are accustomed to using. You can’t tell a wheelchair user, for example, that they need to switch to a mobility scooter to enter your store. 

    A similar principle exists in the Web Content Accessibility Guidelines; that is, they are intended to create accessibility solutions that do not depend on the user’s choice of assistive technology to the extent that is possible. An overlay that is incompatible with the most commonly used assistive technologies, and in particular with the most popular screen readers, won’t be regarded as improving the accessibility of a website for purposes of the ADA. 

    There may be some assistive technologies so old or so rare that they do not have to be accommodated, but to satisfy the ADA an overlay must work seamlessly with the most commonly used assistive technologies.”

    Now it’s Your Turn

    At this point, you might be thinking, “Do I need an accessibility screen overlay for my website?” 

    As you just learned from experts, while you can use a screen overlay to make your website appear more accessible, it’s only helpful to a certain extent.

    Keep in mind that whether or not you use an accessibility overlay, there is still some manual remediation you’ll need to do within your website’s code.

    Before installing or remediating anything on your own, you should know if your website is ADA compliant. Request a free ADA compliance scan today by clicking the link below.

    Request A Free ADA Compliance Scan

    After our ADA specialists scan your site you’ll have the expert information needed to proceed with improving your website’s accessibility.

    As the environment around website accessibility continues to evolve, we want your business protected from an ADA lawsuit.

    Greg McNeil

    May 20, 2020
    Legal Compliance
    ADA Compliance, ADA Lawsuit, ADA non-compliance, Website Accessibility, Website Accessibility Tools
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