Terms of Service
Last updated 6 September 2026
1. Introduction
Welcome to LMTS QA Consulting.
These Terms of Service ("Terms") govern your access to and use of the LMTS QA Consulting website, including www.lmtsqa.co.za, and any related pages, forms, communications, digital resources or services made available through the website (collectively, the "Website").
These Terms also establish the general conditions applicable when you enquire about or engage LMTS QA Consulting for professional services, except where a separate quotation, proposal, statement of work, service agreement, master services agreement, purchase order or other written agreement ("Engagement Agreement") has been concluded.
By accessing or using the Website, submitting an enquiry, requesting a quotation or otherwise interacting with LMTS QA Consulting through the Website, you acknowledge that you have read and understood these Terms and agree to comply with them.
If you do not agree with these Terms, you should discontinue use of the Website.
Where you use the Website or engage LMTS QA Consulting on behalf of a company, public body, organisation or other legal entity, you represent that you have authority to act on behalf of that entity.
2. About LMTS QA Consulting
LMTS QA Consulting provides professional technology, quality assurance and consulting services, which may include:
software quality assurance and testing;
manual and automated software testing;
test strategy, test management and test governance;
functional, regression, integration, performance and related testing services;
quality assurance advisory and consulting;
IT staff augmentation and specialist resource placement;
project and programme management;
business and technology consulting;
digital transformation services;
systems, process and technology assessments;
implementation support;
technology advisory services; and
other related professional and technical services agreed with clients.
The availability, scope, methodology, deliverables, timelines and pricing of services may differ depending on the requirements of each engagement.
Nothing displayed on the Website constitutes a guarantee that a particular service, resource, consultant or capability will be available at a particular time.
3. Website Information Is Not a Binding Offer
Information about our services, capabilities, methodologies, experience, solutions or pricing displayed on the Website is provided for general informational and marketing purposes.
Unless expressly stated otherwise, information published on the Website does not constitute:
a binding offer;
a quotation;
a warranty;
a service-level commitment;
a guarantee of availability;
professional advice specific to your circumstances; or
an agreement to provide services.
Submitting an enquiry, contact form, request for proposal, request for quotation or similar communication does not automatically create a contractual relationship between you and LMTS QA Consulting.
A professional-services engagement will normally commence only once the relevant parties have agreed to the applicable commercial and contractual terms.
4. Engagement Agreements
Specific professional services may be governed by an Engagement Agreement setting out matters such as:
scope of work;
deliverables;
assumptions;
exclusions;
project milestones;
responsibilities;
resources;
service levels;
pricing;
payment arrangements;
intellectual-property rights;
confidentiality;
data-processing requirements;
acceptance criteria;
change-control procedures;
warranties;
liability arrangements; and
termination rights.
If there is any conflict between these Terms and a duly authorised Engagement Agreement relating to specific services, the Engagement Agreement will prevail in relation to those services.
These Website Terms will continue to apply to your use of the Website.
5. Quotations, Proposals and Statements of Work
Any quotation or proposal issued by LMTS QA Consulting is subject to the conditions contained in that document.
Unless expressly stated otherwise:
quotations and proposals are valid only for the period indicated;
pricing may depend on assumptions, project scope, resource availability and information supplied by the prospective client;
changes to the scope may result in changes to fees, resources or delivery dates;
work outside the agreed scope may require a change request or separate quotation; and
taxes, third-party costs, licences, travel expenses and other expenses will be handled as specified in the applicable quotation or Engagement Agreement.
Acceptance of a quotation or proposal does not override any specific terms contained in that quotation, proposal or associated Engagement Agreement.
6. Client Responsibilities
Successful delivery of professional services frequently depends upon cooperation between LMTS QA Consulting and the client.
Where applicable, clients are responsible for providing LMTS QA Consulting with:
accurate and complete requirements;
timely decisions and approvals;
suitable access to systems, environments and documentation;
authorised access credentials;
knowledgeable personnel and subject-matter experts;
test data;
technical documentation;
development environments;
required infrastructure;
licences and third-party services;
reasonable cooperation from employees, contractors and suppliers; and
any other dependencies identified in the applicable Engagement Agreement.
LMTS QA Consulting will not be responsible for delays, defects, additional costs or inability to perform where they result from inaccurate information, delayed approvals, unavailable systems, unavailable personnel, third-party failures or other dependencies outside our reasonable control.
7. Software Testing and Quality Assurance
Software testing and quality assurance are risk-reduction activities.
Testing cannot establish with absolute certainty that software, infrastructure, applications or systems contain no defects, vulnerabilities or errors.
Unless expressly guaranteed in a written Engagement Agreement, LMTS QA Consulting does not warrant that:
every software defect will be identified;
every possible test scenario will be executed;
software will operate without interruption;
software will be completely error-free;
a system will be immune from security vulnerabilities;
future changes will not introduce defects;
performance will remain unchanged under different conditions; or
successful testing guarantees successful production operation.
The effectiveness of testing may depend upon factors including the agreed scope, available time, available environments, test coverage, test data, system complexity and information supplied by the client.
Test results and recommendations must therefore be considered within the context and limitations of the agreed testing methodology.
8. Security and Technical Testing
Any penetration testing, vulnerability testing, security assessment, automated scanning, intrusive testing or similar activity undertaken by LMTS QA Consulting will only be performed where specifically authorised and agreed.
Clients requesting such services must have the legal authority to authorise testing of the relevant systems, infrastructure, applications or environments.
Unless expressly included in an Engagement Agreement, ordinary quality-assurance or software-testing services should not be interpreted as a cybersecurity assessment or penetration test.
You may not conduct vulnerability scanning, penetration testing or other intrusive security testing against the LMTS QA Consulting Website or infrastructure without prior written authorisation.
9. Staff Augmentation
Where LMTS QA Consulting supplies personnel or specialist resources to a client, the applicable Engagement Agreement will define the commercial and operational arrangement.
Depending on the engagement, client responsibilities may include:
day-to-day task allocation;
access to client systems;
workplace requirements;
project priorities;
security permissions;
working procedures; and
operational supervision.
The provision of staff-augmentation services does not, by itself, transfer ownership of LMTS QA Consulting's business methodologies, intellectual property, tools or proprietary materials to the client.
10. Project Management and Digital Transformation Services
Project management, programme management and digital transformation outcomes may depend on numerous organisational and technical factors outside LMTS QA Consulting's direct control.
Recommendations may be based on information available at the time of an assessment.
Clients remain responsible for their own:
business decisions;
investment decisions;
management approvals;
risk acceptance;
regulatory obligations;
internal governance;
technology adoption decisions; and
implementation decisions,
unless a written Engagement Agreement expressly assigns specific responsibilities to LMTS QA Consulting.
Forecasts, timelines, estimates, implementation plans and expected benefits are not guarantees of future performance unless expressly agreed otherwise in writing.
11. Acceptable Use of the Website
You agree to use the Website only for lawful purposes.
You must not:
use the Website in violation of applicable law;
attempt to gain unauthorised access to the Website or its infrastructure;
interfere with the security or operation of the Website;
introduce malware, ransomware, viruses or malicious code;
conduct unauthorised vulnerability scanning or penetration testing;
circumvent authentication, access-control or security mechanisms;
use automated tools to excessively scrape or harvest Website content;
impersonate another person or organisation;
submit fraudulent or misleading information;
use Website forms to distribute spam or malicious content;
attempt to disrupt the availability of the Website;
infringe LMTS QA Consulting's intellectual-property rights; or
use the Website for activities that may cause harm to LMTS QA Consulting, its clients, suppliers or other users.
We reserve the right to restrict or block access where we reasonably believe the Website is being misused.
12. Intellectual Property
Unless otherwise indicated, the Website and its contents are owned by, licensed to or lawfully used by LMTS QA Consulting.
This includes, where applicable:
text;
graphics;
logos;
branding;
service descriptions;
photographs;
icons;
website designs;
layouts;
software;
methodologies;
documentation;
reports;
templates;
training material; and
other proprietary materials.
You may view and use publicly available Website content for legitimate personal or internal business purposes.
You may not, without prior written permission:
reproduce substantial portions of the Website;
commercially exploit Website content;
republish proprietary material;
modify and redistribute Website materials;
remove copyright or proprietary notices;
falsely represent LMTS QA Consulting material as your own; or
use LMTS QA Consulting trademarks or branding in a misleading manner.
All rights not expressly granted are reserved.
13. Intellectual Property Created During Client Engagements
Ownership and licensing of intellectual property developed during a professional engagement will be determined by the applicable Engagement Agreement.
Unless expressly transferred in writing, LMTS QA Consulting retains ownership of its pre-existing intellectual property, including its:
methodologies;
frameworks;
templates;
tools;
utilities;
know-how;
processes;
reusable software components;
testing techniques; and
general professional knowledge.
Nothing in these Terms transfers ownership of such pre-existing intellectual property.
14. Client Materials
Where you provide LMTS QA Consulting with documents, software, source code, test data, specifications, images, databases, credentials or other information for purposes of performing services, you represent that you have the necessary authority and rights to provide those materials.
You grant LMTS QA Consulting the rights reasonably necessary to use those materials for the purpose of performing the agreed services.
Client materials will remain the property of the client or their respective lawful owners unless otherwise agreed.
15. Confidential Information
Confidentiality relating to professional engagements may be governed by a non-disclosure agreement, Engagement Agreement or other written confidentiality arrangement.
You should not submit highly confidential information, production credentials, passwords, sensitive personal information, source code or commercially sensitive information through general Website contact forms unless specifically requested by LMTS QA Consulting and an appropriate secure method has been provided.
Information clearly supplied in connection with an established professional engagement will be handled in accordance with the applicable contractual and legal obligations.
16. Personal Information and Privacy
LMTS QA Consulting may process personal information when you:
visit the Website;
submit an enquiry;
request a quotation;
communicate with us;
apply for employment or placement;
subscribe to communications;
become a client or supplier; or
interact with our services.
Personal information will be handled in accordance with applicable data-protection requirements and our Privacy Policy.
Where applicable, this includes the requirements of the Protection of Personal Information Act 4 of 2013 ("POPIA").
The Privacy Policy should be read together with these Terms.
Where cookies or similar technologies are used, additional information may be provided in our Cookie Policy or cookie-management interface.
17. Third-Party Services and Links
The Website may contain links to or integrate with websites, applications, cloud platforms, social-media services or other resources operated by third parties.
LMTS QA Consulting does not control third-party services and is not responsible for their availability, security, content, privacy practices or terms.
Links are provided for convenience and do not necessarily constitute endorsement.
Your use of third-party services is subject to the applicable third party's own terms and policies.
18. Third-Party Software and Technology
Professional engagements may involve third-party software, development platforms, cloud services, testing tools, APIs, operating systems, infrastructure or other technologies.
Unless expressly agreed otherwise, LMTS QA Consulting is not responsible for defects, outages, policy changes, licensing changes, security incidents or service interruptions attributable to third-party technology providers.
The use of third-party products may also be subject to separate licence agreements and terms imposed by their respective providers.
19. Website Availability
We aim to maintain a reliable and secure Website but do not guarantee uninterrupted or error-free availability.
The Website may occasionally be unavailable because of:
maintenance;
infrastructure failures;
hosting issues;
telecommunications failures;
cybersecurity incidents;
software defects;
upgrades;
third-party service interruptions; or
events outside our reasonable control.
We may modify, suspend or discontinue any part of the Website where reasonably necessary.
20. Accuracy of Website Information
LMTS QA Consulting takes reasonable care when preparing Website content.
However, Website information may occasionally contain errors, omissions or outdated information.
Service descriptions, technologies, personnel, capabilities and other information may be updated from time to time without prior notice.
You should obtain confirmation from LMTS QA Consulting before relying upon Website information for a material business, commercial or technical decision.
21. No Unauthorised Professional Reliance
General information provided through the Website is not intended to replace a professional assessment of your organisation, systems, projects or requirements.
Recommendations provided through formal consulting engagements are based on the agreed scope and information available at the relevant time.
Unless expressly stated otherwise, LMTS QA Consulting does not provide legal, tax, accounting or financial advice through the Website.
Where specialist professional advice is required, you should consult an appropriately qualified professional.
22. Warranties and Disclaimers
To the maximum extent permitted by applicable law, the Website is provided on an "as available" basis.
LMTS QA Consulting does not make warranties regarding:
continuous Website availability;
uninterrupted operation;
absolute Website security;
completeness of Website content;
suitability of general Website information for a particular purpose; or
availability of any particular service or resource.
Nothing in these Terms excludes any warranty, right or remedy that may not lawfully be excluded under applicable South African law.
Any specific warranties relating to paid professional services will be governed by the applicable Engagement Agreement.
23. Limitation of Liability
To the maximum extent permitted by applicable law, LMTS QA Consulting will not be liable for indirect, incidental, special or consequential loss arising solely from your access to, inability to access, or reliance on general information contained on the Website.
This may include loss of:
profits;
revenue;
anticipated savings;
business opportunities;
goodwill; or
data,
where such exclusion is permitted by law.
Liability relating to professional services will be governed by the applicable Engagement Agreement, including any agreed limitation or allocation of liability.
Nothing in these Terms is intended to exclude or limit liability where exclusion or limitation is prohibited by law.
In particular, these Terms do not exclude any rights or remedies that a consumer may have under applicable South African consumer-protection legislation where that legislation applies.
24. Your Responsibility for Decisions and Systems
Except where specifically undertaken by LMTS QA Consulting under an Engagement Agreement, you remain responsible for:
maintaining backups;
protecting your systems and credentials;
implementing appropriate cybersecurity controls;
reviewing test findings;
determining whether recommendations should be implemented;
accepting or rejecting business and technology risks;
approving production releases; and
maintaining appropriate business-continuity arrangements.
Clients should not rely on testing activities as their only control for cybersecurity, availability, backup, regulatory compliance or software quality.
25. Indemnity for Unlawful Website Use
To the extent permitted by law, you agree to indemnify LMTS QA Consulting against losses, claims, damages or reasonable costs arising directly from:
your unlawful use of the Website;
your deliberate infringement of another person's rights through the Website;
information or materials you submit without the necessary authority; or
malicious attempts to interfere with or compromise the Website.
This provision does not apply where the loss resulted from LMTS QA Consulting's own unlawful conduct or where such an indemnity is prohibited by applicable law.
26. Consumer Rights
Nothing contained in these Terms is intended to unlawfully waive, limit or exclude rights available to consumers under applicable South African law.
Where applicable, consumer rights may arise under legislation including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.
Where a provision of these Terms conflicts with a mandatory statutory consumer right, the applicable statutory provision will prevail to the extent of that conflict.
27. Electronic Communications
By communicating with LMTS QA Consulting electronically, you acknowledge that communications, notices and agreements may, where legally permitted, be concluded or delivered electronically.
Electronic communications may include email, online forms, electronic documents and other electronic communication methods accepted by the parties.
You are responsible for ensuring that the contact information you provide is accurate and current.
28. Force Majeure
LMTS QA Consulting will not be liable for a failure or delay in performing an obligation where that failure or delay results from circumstances reasonably beyond its control.
Such circumstances may include:
natural disasters;
fire;
flood;
severe weather;
epidemics or pandemics;
civil unrest;
war;
terrorism;
labour disputes;
widespread telecommunications failures;
electricity or infrastructure failures;
governmental action;
major cybersecurity incidents;
cloud or hosting outages; or
failure of critical third-party service providers.
This clause does not excuse payment obligations that became due before the relevant event unless otherwise required by law or agreed in writing.
29. Suspension and Termination
LMTS QA Consulting may suspend or restrict access to the Website where reasonably necessary to:
protect Website security;
investigate suspected unlawful activity;
prevent abuse;
comply with legal requirements; or
perform technical maintenance.
Termination of a professional-services engagement will be governed by the applicable Engagement Agreement.
30. Changes to These Terms
LMTS QA Consulting may update these Terms from time to time to reflect changes in:
our services;
Website functionality;
business practices;
applicable legislation;
regulatory requirements; or
technology.
The updated version will be published on the Website together with an updated "Last updated" date.
Changes to these Website Terms will not retrospectively amend the terms of an existing signed Engagement Agreement unless the parties agree otherwise.
Your continued use of the Website following publication of updated Terms constitutes acceptance of the revised Website Terms to the extent permitted by law.
31. Governing Law
These Terms are governed by the laws of the Republic of South Africa.
Subject to any mandatory consumer-protection rights or dispute-resolution procedures that may apply, disputes arising from these Website Terms will be subject to the jurisdiction of a competent court in the Republic of South Africa.
Professional-service engagements may contain their own governing-law and dispute-resolution provisions.
32. Dispute Resolution
If a dispute arises in relation to these Terms, the parties should first attempt in good faith to resolve the matter through direct discussions.
Nothing in this clause prevents either party from seeking urgent legal relief where necessary or exercising rights available under applicable law.
Disputes relating to a specific professional engagement will be handled in accordance with the dispute-resolution mechanism contained in the applicable Engagement Agreement, if any.
33. Severability
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as severable to the extent necessary.
The remaining provisions will continue to apply.
34. No Waiver
A failure or delay by LMTS QA Consulting in exercising a right under these Terms does not constitute a waiver of that right.
Any waiver must be clearly communicated and will apply only to the specific circumstances for which it was given.
35. Entire Agreement for Website Use
These Terms, together with the Privacy Policy, Cookie Policy and any other legal notices expressly incorporated by reference, constitute the agreement governing general use of the Website.
They do not replace a separately concluded Engagement Agreement for professional services.
36. Contact and Legal Information
Questions regarding these Terms, privacy matters, legal notices or LMTS QA Consulting services may be submitted using the contact details published on the LMTS QA Consulting Website.
For purposes of electronic commerce and legal transparency, LMTS QA Consulting should maintain its applicable legal and business information on the Website, including its registered or legal business name, legal status, registration information where applicable, contact information and physical or service address as required by law.
37. Acceptance
By accessing or continuing to use the LMTS QA Consulting Website, you acknowledge that you have had a reasonable opportunity to review these Terms and agree to comply with them.
Where you enter into a separate professional-services agreement with LMTS QA Consulting, your use of those services will additionally be governed by the applicable Engagement Agreement.
Last updated: 5 September 2026