Master Terms of Service

1. Plain-English Executive Summary

Harmony Digital Consults Ltd is a registered Nigerian technology and consulting firm dedicated to building resilient, offline-first educational software, supplying tested school hardware, and delivering certified educator training programs.

2. Acceptance & Legal Capacity

By accessing our website, creating an account, subscribing to our SaaS applications, purchasing hardware, or participating in training programs, you agree to be bound by these Terms of Service.

If you represent an educational institution (primary, secondary, polytechnic, or university), you represent and warrant that you possess the statutory legal authority (as Proprietor, Principal, Registrar, or Authorized ICT Officer) to bind that entity to these Terms. If you do not have such authority, you must not accept these Terms or access the services.

3. Software Products & SaaS Licensing

Harmony Digital Consults grants you a non-exclusive, non-transferable, revocable license to utilize our proprietary educational software platforms in accordance with your contracted tier:

Harmony reserves the right to deliver software updates, security patches, and functional improvements. Emergency security patches may be deployed without prior notice to protect system integrity.

4. NDPA School Data & Safeguarding Minors

In compliance with the Nigeria Data Protection Act (NDPA) 2023 and the guidelines of the Nigeria Data Protection Commission (NDPC):

• Controller vs. Processor Distinction: The school remains the Data Controller for all pupil, parent, and staff data. Harmony acts strictly as the Data Processor executing tasks solely on the school’s documented instructions.
• Child Data Safeguards: Under Section 31 of the NDPA, data of minors requires heightened safeguards. Schools are responsible for securing verifiable parental/guardian consent. Harmony enforces end-to-end data segregation and prohibits public indexing of student profiles.
• Data Processing Agreement: Institutions utilizing our software may execute our formal School Data Processing Agreement (DPA), which satisfies statutory compliance audits.
• Zero Behavioral Profiling: We strictly prohibit behavioral advertising, automated commercial profiling, or third-party data broker distribution of academic records.

5. Device Sales & Hardware Warranties

Harmony supplies certified refurbished and brand-new computing hardware (HP EliteBook, Dell Latitude, Lenovo ThinkPad) optimized for school ICT labs, CBT centers, and educators:

• Battery & Functional Benchmarks: Every device undergoes a 24-point hardware check. Refurbished laptops are certified with minimum 80% original battery capacity or 3.5+ continuous hours runtime.
• Warranty Terms: All devices include a statutory 30-day replacement warranty against motherboard, storage, or manufacturing defects not resulting from liquid ingress, power surges, or physical breakage. Extended 6-month and 12-month school lab warranties are available upon contract.
• Delivery & Logistics: Nationwide logistics are tracked via insured transit. School administrators must inspect shipments upon arrival and lodge any transit-damage claims within 48 hours of physical receipt.

6. Training Cohorts, Certifications & ACIF

For educators and school leaders enrolled in our professional development programs (e.g., AI in Education Program, Classroom Management, or African Classroom Innovation Fellowship [ACIF]):

• Attendance & Completion: Official credentials and digital certificates are awarded exclusively upon successful completion of core modules, practical assignments, and the final assessment benchmark (typically 80%+ passing score).
• Credential Verification: Every certificate features a tamper-proof cryptographic verification code verifiable at /learn/[program]/verify.html. Any attempt to forge or alter credentials will result in immediate revocation.
• Cohort Materials: Course lecture notes, prompt frameworks, and toolkits are licensed solely for the personal classroom use of the registered educator. Commercial resale or redistribution is prohibited.

7. Fees, Invoicing & VAT (7.5%)

All prices are stated in Nigerian Naira (NGN), unless expressly quoted in United States Dollars (USD) for international clients.

• Statutory Taxes: In accordance with Nigerian tax legislation, Value Added Tax (VAT) of 7.5% is applied to taxable software licenses, consulting briefs, and hardware invoices where applicable. Tax Identification Numbers (TIN) are recorded on commercial invoices.
• Payment Channels: Invoices may be settled through designated institutional bank accounts with commercial Nigerian banks or via secure PCI-DSS certified electronic payment gateways (Paystack/Flutterwave).
• Refund Policy:
  • Software Subscriptions: Termly or annual school software licenses include an initial 14-day onboarding trial period during which a prorated refund may be requested if the software fails to perform fundamental contractual functions.
  • Consulting & Strategy Calls: Cancellations made at least 24 hours prior to scheduled advisory sessions receive full rescheduling or 100% refund. No-shows are non-refundable.
  • Hardware: Faulty devices verified under the 30-day warranty will be repaired or replaced; refunds are issued only if an equivalent replacement device cannot be provided within 7 business days.

8. Intellectual Property & Proprietary Rights

The design, code, interface layouts, proprietary algorithms, curricula, logos, and trademarks of Harmony Digital Consults Ltd remain the exclusive intellectual property of the company.

Client Data Ownership: In contrast, all raw data, school logos, custom school grading rules, student academic performance marks, and financial ledgers uploaded by you remain your sole intellectual property. You grant Harmony a limited license to host, cache, and backup such data strictly to fulfill our service delivery to you.

9. Acceptable Use Policy

Users agree never to engage in the following prohibited activities on our infrastructure:

• Attempting to reverse-engineer, decompile, or extract source code from our software.
• Uploading malicious scripts, ransomware, or attempting unauthorized SQL injection attacks.
• Falsifying official academic marks, WAEC/NECO records, or student broadsheet grades.
• Scraping educator contact directories or student details for unsolicited marketing.
• Interfering with the normal network availability of our systems.

10. Service Level Agreement (SLA) & Offline Resilience

We recognize the infrastructural realities of the Nigerian education ecosystem, including intermittent national power grid supply and fluctuating telecommunication backbones:

• Cloud Availability Target: We target 99.5% uptime for our cloud servers, excluding scheduled maintenance windows announced at least 48 hours in advance.
• Offline-First Grace: Core daily operations (e.g., student attendance marking, draft lesson notes, score entry in DocBridge) are engineered to function locally without active internet. Synchronization automatically resumes when internet access is restored.
• Support Response: School administrators on active maintenance plans receive support responses within 4 business hours via our verified WhatsApp Business desk and ticketing channels.

11. Limitation of Liability

To the maximum extent permitted under Nigerian law:

• Harmony Digital Consults Ltd shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from lost school fees, examination council grading disputes, or unauthorized access arising from a school’s failure to maintain strong administrative passwords.
• Our total cumulative liability arising from any contract or claim shall not exceed the total fees paid by the client to Harmony Digital Consults during the preceding twelve (12) months.
• Force Majeure: Neither party is liable for delays caused by national telecommunication fiber cuts, grid-level power blackouts, acts of state regulatory intervention, or natural catastrophes outside reasonable human control.

12. Term, Suspension & Data Exit

Contracts remain in effect for the duration specified in your subscription schedule. Either party may terminate an agreement with thirty (30) days’ written notice prior to the end of a school academic term.

Data Portability & Exit: Upon contract conclusion or termination, Harmony will provide the school with an export of all student, grade, and attendance records in standardized digital formats (CSV / Excel / SQL dump) within fourteen (14) days. Following export verification, client records are permanently purged from active production servers within forty-five (45) days in compliance with our data destruction protocols.

13. Governing Law & Dispute Resolution

These Terms of Service are governed by and construed in accordance with the substantive Laws of the Federal Republic of Nigeria, including the Companies and Allied Matters Act (CAMA) 2020 and the Nigeria Data Protection Act (NDPA) 2023.

In the event of any dispute or controversy:

1. The parties shall first engage in good-faith negotiations between designated executive representatives for a period of twenty-one (21) calendar days.
2. If negotiations fail, the dispute shall be referred to mediation under the Rules of the Lagos Multi-Door Courthouse (LMDC) or the High Court of Anambra State / Federal High Court Abuja.

14. Contact & Legal Notices

For formal legal communications, contractual inquiries, or statutory notices: