Terms of Service

The terms and conditions that govern our working relationship.

Last updated: March 2026

These Terms of Service ("Terms") govern your use of the NextPhases website (nextphases.dev) and all services and products provided by NextPhases ("we", "us", "our"), a software development company based in Lusaka, Zambia.

By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

Note on legal status: NextPhases is currently in the process of formal business registration (PACRA, Republic of Zambia). These Terms are legally binding as a private service agreement regardless of registration status. This notice will be removed upon completion of registration.

1. Services

NextPhases provides the following services and products:

1.1 Client Services

  • Website design and development
  • Web and mobile application development
  • Technical consulting and advisory
  • Software system design and delivery

All client engagements are governed by a separate written Project Agreement or Service Agreement, which takes precedence over these general Terms where there is a conflict. No work begins without a signed agreement and deposit in place.

1.2 NextPhases Products

  • Nsolo: A digital adaptation of a traditional Zambian board game. Available as a downloadable desktop application and, when available, as a web-based game at nextphases.dev.
  • ExamGuard: An exam management and invigilation platform for schools and institutions. Offered under a separate SaaS licence agreement when available.
  • Future Products: Additional products, platform features, or community tools may be offered in future. Separate terms will apply where relevant.

2. Project Agreements (Client Services)

Every paid client engagement is governed by a Project Agreement or Service Agreement that specifies:

  • Scope of work and deliverables
  • Timeline and milestones
  • Pricing, payment schedule, and deposit amount
  • Number of included revision rounds
  • Intellectual property ownership
  • Confidentiality obligations

These Terms apply in the absence of, or in addition to, any specific Project Agreement.

3. Payment Terms

3.1 Deposit Requirement

No work begins without a signed agreement and a paid deposit. This is a firm policy with no exceptions.

A deposit of 30% of the total agreed project price is required after the initial prototype or project scope has been presented and approved. The remaining 70% is due upon final delivery unless otherwise specified in the Project Agreement.

3.2 Late Payments

Payments not received within 7 days of the due date attract a late payment fee of 5% of the outstanding amount per week until settled.

3.3 Regional Pricing

NextPhases uses regional pricing to reflect purchasing power across different markets:

Region Currency
Zambia / Africa ZMW (or USD equivalent)
South Africa ZAR
UK / Europe GBP / EUR
US / Canada / International USD

The agreed currency is confirmed in each Project Agreement and does not change after signing.

3.4 Refunds

Deposits are non-refundable unless NextPhases is unable to begin the agreed work. If NextPhases cancels a project after work has begun, a pro-rated refund of the deposit may be issued at our discretion based on work completed.

4. Intellectual Property

4.1 Client Deliverables

Upon receipt of full and final payment, ownership of all custom deliverables created specifically for your project transfers to you (the client). This includes source code, design assets, and content created exclusively for the project.

4.2 Third-Party Components

Software deliverables may include open-source libraries, frameworks, fonts, or other third-party components. These remain subject to their own respective licences, which will be disclosed upon request. Ownership of these components does not transfer to the client.

4.3 NextPhases Portfolio Rights

NextPhases retains the right to display completed work in its portfolio, website, and marketing materials unless the client requests otherwise in writing prior to or within 30 days of project completion. Portfolio use is limited to showing the work visually and describing the project scope. Client-confidential business information is never disclosed.

4.4 NextPhases Products

Nsolo, ExamGuard, and all other NextPhases-developed products are and remain the exclusive intellectual property of NextPhases. These Terms do not grant any licence, ownership, or rights to these products beyond personal, non-commercial use where applicable.

5. Confidentiality

Both parties agree to keep confidential any non-public information shared during the course of a project engagement. This includes but is not limited to: business logic, client data, pricing, project specifications, and internal strategies.

NextPhases will not disclose your project details, business information, or any materials you share with us to any third party without your written consent, except where required by law.

This confidentiality obligation survives the termination or completion of any project agreement.

6. Client Responsibilities

To ensure successful and timely project delivery, clients agree to:

  • Provide timely feedback and approvals within agreed review windows (standard: 48 hours to 5 business days)
  • Supply all required content, assets, credentials, and access in a timely manner
  • Communicate primarily through agreed channels (email or designated project channel)
  • Ensure any content, images, or materials provided to NextPhases do not infringe third-party intellectual property rights

Delays caused by late client feedback or missing assets may result in adjusted delivery timelines. NextPhases will communicate any impact within 48 hours of identifying a delay.

7. Revisions and Scope Changes

The number of included revision rounds is specified in each Project Agreement. Additional revisions beyond the agreed number will be scoped and quoted separately before proceeding.

Changes to project scope after work has begun may result in revised timelines and additional costs. NextPhases will not proceed with out-of-scope work without written client approval.

8. Warranties and Disclaimer

NextPhases delivers work to a professional standard and tests all deliverables before handover. However, all software, websites, and digital products are delivered as-is upon client sign-off.

After final delivery and sign-off, NextPhases does not provide ongoing warranties, bug fixes, or updates unless a separate maintenance or support agreement is in place.

NextPhases does not warrant that our website or products will be uninterrupted, error-free, or free from security vulnerabilities at all times.

9. Limitation of Liability

NextPhases shall not be held liable for any indirect, incidental, special, or consequential damages arising from the use of our services, website, or products, including but not limited to: loss of revenue, loss of data, or business interruption.

Our total liability in connection with any project or service is limited to the total amount paid by the client for that specific project or service.

10. Force Majeure

NextPhases shall not be in breach of any agreement or liable for delays or failure to deliver where such delay or failure is caused by circumstances beyond our reasonable control, including but not limited to: power outages, internet service disruptions, illness, natural disasters, or government actions. In such cases, we will notify you as soon as practicable and provide a revised timeline.

11. Termination

Either party may terminate a project agreement with 7 days' written notice (email to info@nextphases.dev is sufficient).

  • Payment is due for all work completed up to the date of termination
  • Deposits are non-refundable upon client-initiated termination
  • NextPhases will deliver all completed work files upon receipt of outstanding payment

12. Dispute Resolution

In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of either party raising the issue in writing. If no resolution is reached within 30 days, either party may escalate through the appropriate legal channels in Zambia under Zambian law.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Zambia. For clients outside Zambia, these Terms do not limit any statutory rights you may have under your local consumer protection laws.

14. Changes to These Terms

We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated date. For active clients, material changes will be communicated directly. Continued use of our services after changes have been posted constitutes acceptance of the updated Terms.

15. Contact

Questions about these Terms? Contact us: