Terms of Service

1. Who we are

This website at qatestingplus.com is operated by QATESTINGPLUS SRL, a limited liability company registered in Romania (full identification details above), in accordance with Romanian Law no. 365/2002 on electronic commerce. We are a QA and software-engineering studio offering testing and development services, including the option for us to ship the fix we find.

2. Scope and acceptance

These terms govern your use of this website and form the framework for any engagement of our services. By using the site, you accept these terms; if you do not agree, please do not use it.

Some provisions apply only to certain users. Where a clause is limited to consumers, or to business (non-consumer) clients, this is stated expressly in that clause. In the absence of any such mention, the clause applies to all users.

3. Definitions

• "Services" — the QA, test-automation and software-engineering services we provide.
• "Engagement" — a specific piece of work agreed with a client.
• "Proposal / SoW" — the written proposal or statement of work that defines the scope, deliverables and fee of an Engagement.
• "You" / "Client" — the person or organisation using the website or engaging the Services.

4. The website

The content of this website is provided for general information about our Services. We work to keep it accurate and available, but we do not guarantee uninterrupted access or that the content is complete and error-free at all times, and we may change or remove content without notice.

5. Our services

We provide QA, test automation and software-engineering services, including, at your choice, the implementation of fixes. We do not publish fixed prices: the scope, deliverables, timeline and fee for any Engagement are defined for your specific application after a short discovery call and set out in a written Proposal or Statement of Work.

6. Enquiries and how a contract is formed

Submitting the contact form or emailing us is an enquiry, not a binding order, and does not by itself create a contract. We acknowledge electronic enquiries without undue delay, in line with Law no. 365/2002. A binding Engagement arises only when both parties agree a written Proposal, Statement of Work or services agreement, which then prevails over these terms for that Engagement.

7. Fees and payment

Fees, milestones and payment terms are set out in the applicable Proposal or Statement of Work. Unless agreed otherwise, invoices are payable within the period stated on the invoice. For business-to-business Engagements, late payment may attract statutory default interest under Romanian Law no. 72/2013, without prejudice to our other remedies. Stated fees are exclusive of VAT unless otherwise indicated.

8. Confidentiality and NDA

We treat the materials, code and information you share with us as confidential and use them only to provide the Services. We are glad to sign a non-disclosure agreement (NDA) before you share your application or any sensitive material. Each party's confidentiality obligations survive the end of the Engagement.

9. Intellectual property

All content on this website — text, design, logos and code — belongs to QATESTINGPLUS SRL or its licensors and may not be copied or reused without permission.

Ownership of the work product we create for you in an Engagement (such as test suites, fixes and code) is allocated in the Engagement agreement. Unless agreed otherwise, such work product transfers to you upon full payment; until then, we retain all rights in it. We retain ownership of our pre-existing know-how, tools and reusable components, and grant you a licence to use them to the extent needed to use the deliverables.

10. Your responsibilities

To let us deliver, you agree to provide timely access, accurate information and reasonable cooperation, and to ensure that any data, code or materials you give us may lawfully be shared with us and processed for the Engagement. You are responsible for maintaining your own backups of any production systems we work on.

11. Warranties and disclaimers

We perform the Services with reasonable skill and professional care. Testing reduces risk but cannot prove the absence of all defects; we do not warrant that software will be entirely error-free or that every issue will be found. To the fullest extent permitted by law, and for business (non-consumer) clients, we exclude all implied warranties not expressly stated in these terms or the Engagement agreement.

12. Limitation of liability

For business (non-consumer) clients, and to the fullest extent permitted by law: our total aggregate liability arising out of or in connection with an Engagement is limited to the fees paid for that Engagement; and we are not liable for indirect or consequential loss, loss of profit, revenue, data or goodwill. Nothing in these terms excludes or limits liability that cannot be excluded or limited under Romanian law, including liability for fraud, for death or personal injury caused by negligence, or for intentional or grossly negligent acts.

13. Indemnity

For business (non-consumer) clients: you will indemnify us against third-party claims arising from materials, data or instructions you provided where you were not entitled to provide them, or from your unlawful use of the deliverables.

14. Force majeure

Neither party is liable for any failure or delay caused by events beyond its reasonable control, as understood under Article 1351 of the Romanian Civil Code. The affected party will inform the other and use reasonable efforts to resume performance.

15. Term, suspension and termination

These website terms apply while you use the site. The duration, suspension and termination of an Engagement are governed by the relevant Proposal or Statement of Work. Either party may terminate an Engagement for the other's material breach that remains uncured after written notice. On termination, you will pay for Services properly performed up to the termination date.

16. Data protection

We process personal data as described in our Privacy Policy. Where we process personal data on your behalf during an Engagement, we act as your processor under a separate data-processing agreement that meets Article 28 of the GDPR.

17. Third-party and open-source components

Deliverables may include third-party or open-source components licensed by their respective owners. Your use of those components is subject to their own licences, which we will identify where relevant. We are not the licensor of, and give no warranty for, such third-party components beyond what their licences provide.

18. Governing law and jurisdiction

These terms are governed by Romanian law. The courts of Bucharest, Romania, have jurisdiction over any dispute, without prejudice to any mandatory consumer protections that may apply to you (see section 19).

19. Consumers

Our Services are aimed at businesses. If you nevertheless contract with us as a consumer (a natural person acting outside your trade or profession), the mandatory rights granted by Romanian and EU consumer law apply and prevail over anything to the contrary in these terms — including, where applicable, pre-contractual information duties, the 14-day right of withdrawal (and its exceptions for customised services or digital content supplied with your prior consent), recourse to the National Authority for Consumer Protection (ANPC).

20. Changes to these terms

We may update these terms from time to time. The version published here, bearing the date above, is the one that applies to your use of the website. Changes do not affect a signed Engagement unless both parties agree.

21. Languages, entire agreement and contact

These terms are published in English and Romanian; in the event of any discrepancy, the Romanian version prevails. Together with any applicable Proposal or Statement of Work, they form the entire agreement between us regarding their subject matter. If any provision is found unenforceable, the rest remains in force.

Questions about these terms? Email contact@qatestingplus.com.