Terms & Conditions

1. Introduction

These Terms and Conditions (“Terms”) govern the use of all services, products, consulting engagements, software integrations, websites, and digital platforms provided by New Phase Solutions (“NPS”, “we”, “our”, “us”).

By accessing or using any NPS services, you agree to be legally bound by these Terms.

2. Definitions

  • Client / You: The individual or organisation engaging NPS.
  • Services: Consulting, process optimisation, automation, integration, workflow development, and related offerings.
  • Deliverables: Documents, workflows, software, integrations, or outputs produced by NPS.
  • Agreement: The signed contract, proposal, or statement of work (SOW) between NPS and the Client.

3. Scope of Services

NPS delivers consulting and technology solutions including:

  • Business process mapping and optimisation
  • Workflow automation
  • System integration and API development
  • Solution design and implementation
  • Digital transformation advisory
  • Continuous support and maintenance (if contracted)

Services are delivered according to the specific Agreement or SOW.

4. Client Responsibilities

The Client agrees to:

  • Provide accurate, timely, and complete information required for service delivery
  • Ensure access to required systems, personnel, and resources
  • Maintain appropriate licences for their existing systems
  • Review deliverables and provide feedback within agreed timelines

5. Fees & Payment Terms

  • All fees will be outlined in the signed Agreement or SOW.
  • Invoices are payable within 30 days unless otherwise agreed.
  • Late payments may incur interest at a reasonable commercial rate.
  • Additional work outside scope will require a change request and may incur additional costs.

6. Intellectual Property

6.1 NPS Intellectual Property

  • NPS retains full ownership of methods, tools, templates, frameworks, and proprietary assets used during service delivery.

6.2 Client Intellectual Property

  • Client data, documents, and internal materials remain the property of the Client.

6.3 Project Deliverables

Ownership of final deliverables will be defined in the Agreement. In most cases:

  • The Client is granted a licence to use the deliverables for internal purposes.
  • NPS may reuse non‑confidential components in other projects.

7. Confidentiality

Both parties agree to maintain strict confidentiality regarding:

  • Business process information
  • System architecture details
  • Proprietary data
  • Strategic or operational insights

Confidential information may not be shared without written consent unless required by law.

8. Data Protection & Privacy

NPS will handle personal and business information in accordance with:

  • POPIA (Protection of Personal Information Act)
  • GDPR (where applicable)
  • NPS’s Privacy Policy

The Client remains responsible for ensuring that data shared with NPS is legally collected and permissible for processing.

9. Third‑Party Systems & Integrations

NPS may integrate third‑party systems as part of service delivery. The Client acknowledges that:

  • NPS is not responsible for third‑party system availability, performance, or licensing
  • Changes to third‑party APIs may require additional work or adjustments

10. Warranties & Disclaimers

  • NPS will deliver services with reasonable skill and care.
  • All timelines are estimates unless explicitly stated as fixed.
  • NPS does not guarantee uninterrupted system performance.

11. Limitation of Liability

To the maximum extent permitted by law:

  • NPS will not be liable for indirect, incidental, or consequential damages
  • Direct liability is limited to the total amount paid for the affected service
  • NPS is not responsible for losses caused by third‑party systems or Client misuse

12. Termination

Either party may terminate the Agreement:

  • With 30 days written notice
  • Immediately in the event of breach, misconduct, or insolvency

Upon termination:

  • The Client will pay for all completed work
  • NPS will return or destroy Client data as required

13. Governing Law

These Terms are governed by the laws of South Africa.

14. Amendments

NPS reserves the right to update these Terms. Continued use of services constitutes acceptance of updated Terms.

15. Contact Information

For questions regarding these Terms:

Email: info@newphasesolutions.co.za
Address: 
9 Swart Dr, President Park
Halfway House, Midrand
Johannesburg
1685
Phone: +27 67 100 2453