Terms of Service

These Terms of Service (“Terms”) govern your use of the TMS-Online platform (“the Platform”) provided by TMS Teamwork (Pty) Ltd (Registration No. 2014/19093/07), a company registered in the Republic of South Africa with its registered address at No 2, 10th Avenue, Melville, Gauteng (“TMS Teamwork”, “we”, “us”, “our”).

1. Acceptance of Terms

By accessing or using the Platform, you (“User”) agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Platform.

These Terms form a legally binding agreement between you and TMS Teamwork. Where you access the Platform as an employee or representative of an organisation (a “Client Organisation”), you represent that you have authority to bind that organisation to these Terms, and references to “User” include both you individually and the Client Organisation you represent.

2. Description of Service

TMS-Online is a cloud-based automotive repair management platform. Its features include:

• Vehicle damage assessment and job management
• Insurance claim tracking and documentation
• Parts ordering and inventory management
• Financial processing: invoicing, payment records, and reporting
• Customer and vehicle record management
• Employee time and costing management
• Supplier and creditor management
• Reporting and business analytics
• Secure document storage and processing
• Customer communication tools

The Platform is provided to Client Organisations as a software-as-a-service (SaaS) solution. Individual users access the Platform as authorised representatives of their Client Organisation.

3. User Accounts

3.1 Account Creation

User accounts are created by authorised administrators within the Client Organisation. You agree to:

• Provide accurate, current, and complete information when your account is created
• Maintain and promptly update your account information as it changes
• Use the Platform only for lawful, authorised business purposes

3.2 Account Security

You are responsible for maintaining the confidentiality of your access credentials. You agree to:

• Keep your password confidential and not share it with any other person
• Use multi-factor authentication where enabled or required
• Notify TMS Teamwork immediately at security@tmsteamwork.co.za if you suspect unauthorised access to your account
• Not allow any other person to access the Platform using your credentials

The Platform enforces industry-standard password complexity requirements and automatically locks accounts after repeated failed login attempts. Passwords must be rotated periodically (single sign-on accounts follow the identity provider's policy).

3.3 Account Deactivation

Accounts may be deactivated by an authorised administrator within the Client Organisation or by TMS Teamwork in accordance with these Terms. Upon deactivation, access to the Platform is immediately revoked. Account data is retained in accordance with the Privacy Policy and applicable data retention obligations.

4. Acceptable Use

You may use the Platform only for lawful business purposes within your authorised scope of access. The following are strictly prohibited:

1. Unlawful use: using the Platform for any purpose that contravenes South African law, including POPIA, the Cybercrimes Act, the Consumer Protection Act, or the National Credit Act
2. Cross-tenant access: attempting to access data belonging to any other Client Organisation
3. Security circumvention: attempting to bypass, disable, or interfere with any security control, authentication mechanism, or access control on the Platform
4. Malware: uploading, transmitting, or storing any malicious software, virus, or harmful code
5. Credential sharing: sharing your access credentials with any other person, or accessing the Platform using another person's credentials
6. Automated scraping: using automated tools to extract, scrape, or harvest data from the Platform without written authorisation from TMS Teamwork
7. Reverse engineering: decompiling, reverse engineering, disassembling, or otherwise attempting to derive the source code of the Platform
8. Misrepresentation: impersonating any person or entity, or falsely representing your authority to act on behalf of a Client Organisation
9. Data misuse: using personal information accessible through the Platform for any purpose other than the authorised business purpose for which it was collected

5. Data and Content

5.1 Your Data

Client Organisations retain ownership of all data they input into the Platform (“Client Data”). TMS Teamwork does not claim ownership of Client Data.

By using the Platform, you grant TMS Teamwork a limited, non-exclusive licence to store, process, and transmit Client Data solely to provide the Platform's services to your Client Organisation. TMS Teamwork processes Client Data as an Operator under POPIA, in accordance with the Client Organisation's (Responsible Party's) instructions.

5.2 Data Protection

TMS Teamwork processes personal information in accordance with our Privacy Policy and POPIA. The Platform implements multi-layered security controls including encryption, access controls, multi-tenant data isolation, and audit logging. Client Organisations, as Responsible Parties under POPIA, remain responsible for the lawfulness of the personal information they submit to the Platform and for ensuring that data subjects have been informed of the processing. A separate Data Processing Agreement governs TMS Teamwork's Operator obligations in respect of Client Data and forms part of the contractual arrangement between TMS Teamwork and each Client Organisation.

5.3 Vehicle History Data Service

TMS Teamwork operates a Vehicle History Data service as an independent Responsible Party under POPIA. This service is separate from TMS Teamwork's Operator role in respect of Client Data.

Through the Vehicle History Data service, TMS Teamwork compiles vehicle incident reports from repair records processed on the Platform and makes these available to authorised third parties (including motor vehicle dealers) for vehicle valuation and pre-purchase assessment.

Vehicle history reports are keyed to the Vehicle Identification Number (VIN) and include repair dates, damage type and severity, repair scope, and cost category. Reports do not include the vehicle owner's name, contact details, identification number, or any other direct personal information.

The VIN is an indirect personal identifier under POPIA because it can be linked to the registered vehicle owner through external databases. Vehicle history reports are therefore only released where the vehicle owner has provided explicit consent through the Platform's consent management system. Consent may be withdrawn at any time.

Client Organisations using the Platform as Operators are not parties to Vehicle History Data transactions and bear no liability in respect of this service.

Each authorised third-party recipient is bound by a separate Data Processing Agreement that restricts use of vehicle history data to the stated purpose and prohibits marketing, profiling, and resale.

5.4 Data Backup

TMS Teamwork maintains backups of Platform data. However, Client Organisations remain responsible for maintaining their own copies of critical business data. TMS Teamwork does not guarantee that backup data will be available in all circumstances and is not liable for data loss where the Client Organisation has not maintained its own backups.

5.5 Fees and Payment

Commercial terms — including subscription fees, per-user pricing, module charges, and billing cycles — are governed by a separate written agreement between TMS Teamwork and each Client Organisation.

TMS Teamwork collects fees exclusively by Bank Debit Order (BDO) or Electronic Funds Transfer (EFT) from a South African bank account nominated by the Client Organisation. No third-party payment gateway is used and no card data is processed by the Platform. Banking details supplied for BDO mandates are retained solely for the purpose of collecting authorised fees.

In the event of non-payment, we may suspend access to the Platform on reasonable written notice until outstanding amounts are settled. Persistent non-payment may result in termination under section 10.

6. Intellectual Property

The Platform, including its software, design, user interface, source code, documentation, and all associated intellectual property, is and remains the exclusive property of TMS Teamwork (Pty) Ltd. Nothing in these Terms grants you any ownership interest in the Platform or any intellectual property of TMS Teamwork.

You may not:

• Copy, modify, or create derivative works based on the Platform
• Sublicense, sell, resell, transfer, or assign any rights in the Platform to any third party
• Use TMS Teamwork's name, trademarks, or branding without prior written consent

7. Service Availability

TMS Teamwork will use reasonable endeavours to maintain Platform availability. However:

• The Platform is provided “as is” and we do not guarantee uninterrupted or error-free access
• Planned maintenance will be communicated in advance where reasonably practicable
• We are not liable for downtime caused by factors outside our reasonable control, including failures of third-party infrastructure providers, internet connectivity, force majeure events, or cyberattacks

7.1 Force Majeure

Neither party is liable for any failure to perform, or delay in performing, its obligations under these Terms where such failure or delay is caused by events beyond its reasonable control (“Force Majeure Events”), including but not limited to:

• Acts of God, natural disasters, fire, flood, earthquake, and severe weather
• Epidemic, pandemic, and public health emergencies (including associated governmental orders)
• War, civil unrest, insurrection, riot, terrorism, and sabotage
• Load-shedding, power outages, and failures of the national electricity grid
• Failures of third-party hosting, cloud, telecommunications, or internet service providers
• Cyberattacks, denial-of-service attacks, and other malicious interference by third parties
• Acts or omissions of government, regulatory authorities, or courts
• Strikes, lockouts, and industrial action not involving the affected party's own workforce

The affected party shall notify the other party of the Force Majeure Event as soon as reasonably practicable and shall use reasonable endeavours to mitigate its effects. If a Force Majeure Event continues for more than 60 consecutive days, either party may terminate these Terms on written notice without further liability.

8. Limitation of Liability

8.1 No Warranties

The Platform is provided on an “as is” and “as available” basis. TMS Teamwork makes no warranties, express or implied, regarding the Platform's fitness for a particular purpose, accuracy, completeness, or uninterrupted operation.

8.2 Exclusion of Consequential Loss

To the maximum extent permitted by South African law, TMS Teamwork is not liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profit, revenue, business, or goodwill
• Loss, corruption, or unauthorised access to data arising from causes outside our reasonable control
• Losses arising from the Client Organisation's failure to maintain adequate backups
• Losses arising from a User's failure to maintain credential security

8.3 Cap on Liability

TMS Teamwork's total aggregate liability to a Client Organisation arising out of or in connection with the Platform and these Terms (whether in contract, delict, or otherwise) shall not exceed the total fees paid by that Client Organisation to TMS Teamwork in the twelve (12) months immediately preceding the event giving rise to the claim.

8.4 Consumer Protection Act

Nothing in this clause limits rights that cannot be excluded under the Consumer Protection Act 68 of 2008 or any other mandatory provision of South African law.

9. Indemnification

You indemnify and hold TMS Teamwork (Pty) Ltd, its directors, employees, and contractors harmless from and against any claims, losses, damages, penalties, and costs (including legal costs) arising from:

• Your breach of these Terms
• Your use or misuse of the Platform
• Your breach of any applicable law (including POPIA) in connection with your use of the Platform
• Any claim by a third party arising from your use of the Platform

10. Termination

10.1 By TMS Teamwork

We may suspend or terminate your access to the Platform:

• Immediately upon material breach of these Terms (including security breaches, data misuse, or unlawful activity)
• On reasonable notice (not less than 30 days except in cases of breach) for operational or commercial reasons

10.2 By the Client Organisation

Client Organisations may terminate their subscription to the Platform in accordance with the commercial agreement between the Client Organisation and TMS Teamwork.

10.3 Effect of Termination

On termination:

• Access to the Platform is revoked immediately
• TMS Teamwork will make Client Data available for export for a period of 30 days, after which it will be retained or deleted in accordance with the Privacy Policy and applicable law
• Provisions of these Terms that are intended to survive termination (including intellectual property, limitation of liability, indemnification, and governing law) shall continue in force

11. Changes to These Terms

TMS Teamwork may update these Terms from time to time. Non-material changes (corrections, clarifications, formatting) take effect on publication by updating the “Last updated” date on this page.

Material changes will, where reasonably practicable, also be notified to Client Organisation administrators by email not less than 14 days before the effective date.

12. Dispute Resolution, Governing Law and Jurisdiction

12.1 Good-Faith Negotiation

If any dispute arises out of or in connection with these Terms or the Platform, the parties shall first attempt to resolve the dispute through good-faith negotiation between senior representatives of each party. Either party may initiate this step by written notice to the other. The negotiation period is 15 business days from the date of the notice, unless extended by written agreement.

12.2 Mediation

If the dispute is not resolved through negotiation within the period in §12.1, the parties shall refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA), or such other mediation body as the parties may agree in writing. The mediation shall be conducted in English in Johannesburg, South Africa. Each party shall bear its own costs of the mediation and the parties shall share the mediator's fees equally.

12.3 Litigation

Only if the dispute remains unresolved 30 days after the commencement of mediation (or if the other party refuses to participate in mediation) may either party commence legal proceedings. This section does not prevent either party from seeking urgent interim relief from a court at any time.

12.4 Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of South Africa. Subject to §12.1–§12.3, any dispute arising out of or in connection with these Terms or the Platform shall be subject to the exclusive jurisdiction of the High Court of South Africa, Gauteng Division, Pretoria.

13. General

• Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between TMS Teamwork and the User regarding use of the Platform, and supersede all prior representations, negotiations, or agreements.
• Severability: if any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be severed from the remaining terms, which shall continue in full force and effect.
• No waiver: failure by TMS Teamwork to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment: you may not assign or transfer your rights or obligations under these Terms without our prior written consent. TMS Teamwork may assign its rights and obligations with notice to Client Organisations.

14. Contact Information

For questions or concerns regarding these Terms, contact: