Terms of Service | Testiform

TOS-01

Who you are contracting with

You are about to place an order, or you have placed one.

Steps

01 The other party to the contract is the company named below, and no other.

02 Every notice under these terms is valid if sent to the email address below.

03 Nothing on this website is an offer capable of acceptance. It is an invitation to ask for a quote.

Expected result

Company: Testiform LTD
Address: 167-169 Great Portland Street, London, England, W1W 5PF
Email: b2b@testiform.com
Website: testiform.com

TOS-02

What is sold

You are trying to work out what it is you would be buying.

Steps

01 The company writes out, in advance, the steps of each journey in the scope and the result each step has to produce.

02 It runs those steps against an environment of the website that you have approved, on the browsers and screen sizes named in the scope.

03 It records the outcome of every step, whether it passed or not.

04 It writes up each step that did not produce the stated result as a report entry, with the steps to reproduce it, the expected result, the actual result, a priority taken from a published scale, and a screen recording.

05 It delivers the report, the recordings and the case list electronically.

Expected result

The journeys available to put in a scope are these:

J-01 Registration - A new account created through the form a visitor actually sees.
J-02 Sign-in and password recovery - Getting back in, including the path taken when the password has gone.
J-03 Search - Finding something, finding nothing, and what the page says in each case.
J-04 Filters and sorting - Narrowing a list, combining the narrowings, and undoing them.
J-05 Forms - Enquiry, contact, upload and application forms, field by field.
J-06 Booking - Choosing a slot, holding it, changing it and giving it back.
J-07 Checkout in sandbox - The basket and the payment step, run against the provider’s test facility.

Each one is taken to one of three depths, and the scope names which. D1 The expected route; D2 Input it should refuse; D3 Interrupted and resumed. They are set out in full on the Scenarios page.

A journey a website has that is not on that list is written out the same way and goes into the scope under its own reference. Nothing else is sold: the company does not build websites, does not fix the defects it finds unless that is separately agreed under TOS-09, and does not carry out load testing, penetration testing or a security audit.

TOS-03

How an order comes into existence

You have sent an enquiry, by the form on the Contact page or by email.

Steps

01 The company replies with a written scope and quote: the journeys by reference, the depth of each, the browsers and screen sizes, the environment, what falls outside the scope, the price, and the date the report is due.

02 You accept it in writing.

03 The company sends a written order confirmation back.

04 The contract exists at the moment that confirmation is sent, and not before.

Expected result

A quote is open for the period stated in it. Nothing is booked, reserved or begun before the confirmation goes out, and neither this website nor an enquiry made through it creates any obligation on either side.

The edition of these terms current on the date of the confirmation governs the order. A later edition does not reach back over an order already confirmed.

TOS-04

Price, currency and tax

A quote has been given under TOS-03.

Steps

01 The quote states one figure for the work described in it.

02 That figure is in pounds sterling.

03 Any tax that applies is inside that figure.

Expected result

That single figure is what the work described costs, and the arithmetic ends there: no handling charge follows it, no administration fee is attached to it, and paying one way rather than another does not change it. Anything that falls outside it is named in the quote, beside the figure and not in a note somewhere else.

There is no price anywhere on this website, and that is deliberate. A figure that means anything depends on which journeys, how deep, on what, and by when, and none of those are known until the scope is written.

TOS-05

Paying for it

An order has been confirmed under TOS-03.

Steps

01 The confirmation names the method of payment and the date payment is due.

02 Payment is made by that method.

03 This website is not involved. It has no basket, no card field and no payment page.

Expected result

Card details, where a card is used, are handled by the payment provider named in the confirmation. The company does not see them, does not receive them and does not store them.

Where payment is late, the company may hold delivery of a report until it is made and may exercise its rights under the Late Payment of Commercial Debts (Interest) Act 1998, which apply between businesses. Nothing in this clause applies to a consumer.

TOS-06

What is delivered, and when

An order has been confirmed and the access under TOS-07 has been provided.

Steps

01 The pass is run against the environment named in the scope.

02 The report, the recordings and the written case list are delivered electronically, by email or by a download link.

03 Delivery happens by the date stated in the order confirmation.

Expected result

Nothing is sent by post and there is nothing physical to send. Where the delivery date depends on access that has not arrived, the date moves by the delay and the customer is told in writing when it moves.

What to do if a delivery does not arrive is set out on the Delivery & Refunds page.

TOS-07

What you have to provide

An order has been confirmed and work is about to start.

Steps

01 You confirm that you own the website or are authorised in writing by its owner to submit it for testing.

02 You provide an environment that can be written to without consequence, or agree in writing that the pass runs against the live site on terms that change nothing a real customer would see.

03 You provide accounts created for the testing, and any test data the journeys need.

04 You send credentials through a one-time secret link or a share from your own password manager, never in the body of an email and never through the form on this site.

05 You name one person the company can ask questions of, and you tell the company before the environment is changed during a pass.

Expected result

These are conditions of the order rather than requests. Where one of them is not met, the affected cases cannot be run; the company says so in writing, and the report records those cases as not run rather than as passed.

Where the environment changes during a pass without notice, the cases already run against the old state are re-run or marked as run against a moving target, and the report says which.

TOS-08

What a pass does not show

A report has been delivered under TOS-06.

Steps

01 The report lists what was run and what was found.

02 It says nothing about anything outside the scope, because nothing outside the scope was run.

03 It is a record of a moment: of that build, on that environment, on those browsers, on that date.

Expected result

Testing is sampling. The company does not warrant that a website is free of defects, that every defect within the scope has been found, that the site will behave the same way on a later build, or that it will behave the same way on a browser, device or configuration that was not in the scope. No certificate, grade, score or badge is issued, and none should be inferred from a report with few entries in it.

This clause limits what is claimed. It does not limit any right you have under TOS-10, and it does not exclude liability for failing to carry out the work with reasonable care and skill.

TOS-09

Retesting, and repairing what was found

A report has been delivered and some of its entries have been worked on.

Steps

01 A retest is a separate order, made the same way as the first one under TOS-03.

02 It covers the entries marked fixed, re-run from the same written steps, together with the steps either side of each one.

03 Anything the fix has broken is raised as a new entry.

Expected result

Repairing the code that caused a finding is not part of a testing order and is not included in one. Where the company is asked to do it, that is quoted and agreed separately, and it is then a different service under a different scope.

TOS-10

Your rights under the law, which these terms do not touch

You are a consumer - that is, you are buying for purposes outside any business of your own.

Steps

01 You order and the work is carried out.

02 The Consumer Rights Act 2015 applies to it alongside these terms.

03 Where these terms and that Act differ, that Act wins.

Expected result

the service must be carried out with reasonable care and skill (section 49). Where it is not, you may require it to be performed again, or a reduction in price (sections 55 and 56);
anything supplied as digital content must be of satisfactory quality, must match its description, and must be fit for a purpose you made known before you bought (sections 34 to 36), with a repair or replacement, a price reduction or a refund where it is not;
information given about the service, and about the company, is binding where you take it into account (section 50);
a term that is unfair does not bind you (section 62), and nothing here is intended to be one.

None of those rights can be signed away, and nothing on this page attempts it. Where you are buying for a business, the Supply of Goods and Services Act 1982 section 13 applies instead: the work is carried out with reasonable care and skill.

TOS-11

Who owns the report

A report, its recordings and its case list have been delivered and paid for.

Steps

01 Ownership of the report, the recordings and the written cases passes to you on payment.

02 You may use them for any purpose of your own, including giving them to the developer who has to act on them.

03 The company keeps its own methods, checklists and document templates, and keeps a copy of the file for the period in the Privacy Policy.

Expected result

The company publishes nothing. No report, no recording, no screenshot and no customer name appears on this website, in a portfolio or in an example, and none is shown to anybody else without written permission.

Anything you supply for a pass - the site, its content, its test data - stays yours. The company gets a licence to use it only so far as the pass requires, and only for as long as it lasts.

TOS-12

Complaining

Something about an order has gone wrong, or a report is not what the scope said it would be.

Steps

01 Write to the address in TOS-01, saying what is wrong and which order it concerns.

02 The company acknowledges it in writing without undue delay.

03 The company answers in writing. Where the answer will take longer than the acknowledgement, the acknowledgement says how long and why.

04 Where the company was at fault, the answer says what is being done about it.

What follows

The company does not belong to an alternative dispute resolution scheme and is not obliged to use one. If it joins one, this clause names it.

What can be asked for where a report is late, incomplete or not as described is set out on the Delivery & Refunds page.

TOS-13

Liability, and the parts of it that cannot be limited

A claim is made against the company arising out of an order.

Steps

01 The parts listed below as not excluded are not excluded, whatever else this page says.

02 Everything else is limited as described under it.

03 The limit is read against the price of the order the claim arises from.

Expected result

Never excluded

liability for death or personal injury caused by negligence;
liability for fraud or fraudulent misrepresentation;
liability under the Consumer Rights Act 2015 that cannot be excluded or restricted, including section 65 and the rights in TOS-10;
anything else that the law does not allow to be excluded or restricted.

Otherwise

The company is liable for loss that is a foreseeable result of its breaking this contract or of failing to use reasonable care and skill. It is not liable for loss that is not foreseeable, and its total liability for any one order is limited to the price paid for that order.

Where you are a business, the company is not liable for loss of profit, loss of business, loss of contracts, loss of anticipated savings or damage to reputation, however arising. That exclusion does not apply to a consumer.

A defect that a pass did not find is not, by itself, a failure to use reasonable care and skill: TOS-08 says what a pass is and is not. What is judged is whether the scope was carried out properly, not whether the website turned out to be perfect.

TOS-14

Ending it

An order has been confirmed and one side wants to stop.

Steps

01 A consumer may cancel under the 14-day right on the Delivery & Refunds page, and that right is not affected by anything here.

02 Either side may end the contract in writing where the other has broken it seriously and has not put it right within a reasonable time of being asked to.

03 The company may end the contract where access under TOS-07 has not arrived within a reasonable time, or where it turns out that the website is not one you are entitled to submit.

04 On ending, work already carried out is paid for and anything paid for work not carried out is refunded.

What follows

Where the contract ends before a report exists, whatever cases have been run are handed over as they stand, so that nothing paid for is lost.

The full cancellation position, including the statutory 14-day right and the model form for exercising it, is on the Delivery & Refunds page.

TOS-15

Changes to these terms

The company changes this page.

Steps

01 The new edition is published here with a new date at the head of it.

02 An order already confirmed continues under the edition current on the date of its confirmation.

03 Where a change affects an order in progress, the customer is told in writing.

Expected result

The company does not change the terms of an order that is under way. Where something genuinely has to change during an order - a scope, a date, a method of access - it is agreed in writing by both sides, and the reason is given.

TOS-16

Which law, and which courts

A dispute arises that the two sides cannot settle between them.

Steps

01 These terms and any dispute arising out of them are governed by the law of England and Wales.

02 The courts of England and Wales have jurisdiction.

03 Where you are a consumer resident elsewhere in the United Kingdom, you may also bring proceedings in the courts where you live.

Expected result

Nothing in this clause takes away the protection of the mandatory rules of the country you live in, and nothing in it takes away the rights in TOS-10.