Refund Policy

1. Overview and Philosophy

NextWave Apps provides custom, bespoke digital product development services. Unlike software subscriptions or product purchases, our engagements involve the allocation of skilled human resources, planning effort, design work, and engineering time that begins from the moment a project is confirmed. The nature of this work means that refund policies in the traditional consumer sense — such as "30-day no-questions-asked returns" — do not straightforwardly apply.

Our commitment to our clients is that we will deliver what we agree to deliver, at the quality standard we promise, within a timeframe we stand behind. Where we fall short of that commitment through our own fault, we will make it right — through remediation, through credits, or through appropriate refunds where warranted. Where a project is discontinued due to circumstances outside our control, our policy is designed to ensure that NextWave Apps is fairly compensated for work performed while protecting clients from paying for value they have not received.

We believe the best protection for both parties is a well-defined Statement of Work, clear milestone definitions, regular communication, and an honest working relationship. This Policy governs the financial mechanics of situations where engagements do not proceed as planned, while our approach to service quality is governed by our Terms of Service and by the professional standards we hold ourselves to every day.

2. Nature of Our Services

All services provided by NextWave Apps are custom professional services. Each project involves unique work specifically tailored to the client's requirements, business context, and technical specifications. Deliverables produced under a project agreement — including UI/UX designs, application code, backend architecture, documentation, and strategic outputs — are created exclusively for the commissioning client and cannot be resold, repurposed, or otherwise recovered by NextWave Apps following delivery.

Because of this custom nature, refund eligibility is necessarily more nuanced than in a product or subscription context. Time invested by our team, resources allocated, and opportunity costs incurred are real and non-recoverable. Our refund terms are designed with this reality in mind, while remaining fair and reasonable to clients who engage with us in good faith.

All engagements are initiated only after the Client has reviewed and accepted a detailed project proposal, signed or otherwise confirmed a Statement of Work, and remitted the agreed initial deposit. By proceeding past this stage, the Client acknowledges that custom work will commence immediately and that the refund provisions described in this Policy will apply.

3. Deposit Payments

3.1 Purpose of Deposits

An initial deposit is required before any project work commences. The deposit, which typically ranges from 30% to 50% of the total agreed project value as specified in the Statement of Work, serves to confirm the Client's commitment to the project, reserve the availability of our development team for the agreed project timeline, and fund the initial phases of planning, design, and architecture work that begin immediately upon project kickoff.

3.2 Deposit Refund Eligibility

Deposits are generally non-refundable once project work has commenced. Work is considered to have commenced upon the later of: (a) the Client's written confirmation of the Statement of Work, (b) the receipt of the deposit payment, or (c) the scheduled project kickoff date, whichever occurs first.

In the limited circumstance where a Client requests cancellation of a project before any substantive work has been initiated by NextWave Apps — specifically, before the project kickoff meeting has occurred and before any design, planning, or development work has begun — NextWave Apps may, at its sole discretion, issue a partial refund of the deposit. In such cases, an administrative and scheduling fee of no less than $500 USD, reflecting the cost of proposal preparation, scheduling, and resource reservation, will be retained by NextWave Apps. Any refund under this provision must be requested within 48 hours of the deposit payment being received.

3.3 Post-Kickoff Deposits

Once the project kickoff has occurred and substantive work has commenced, the initial deposit is fully non-refundable under all circumstances, including Client-initiated cancellation. The deposit is applied to compensation for work performed during the initial phases of the project, the cost of which is incurred regardless of whether the project continues to completion.

4. Milestone Payments

4.1 Structure of Milestone Billing

Beyond the initial deposit, project fees are structured across defined milestones as detailed in the Statement of Work. Each milestone payment corresponds to a specific, defined phase of deliverables that the Client reviews and approves before the subsequent phase commences. This structure ensures that payments are tied to demonstrable, reviewable progress, and that the Client has visibility and approval rights at each stage of the engagement.

4.2 Refund Eligibility for Milestone Payments

Milestone payments that have been issued for a completed and approved milestone are non-refundable. Client approval of a milestone — whether provided explicitly in writing or implied by the Client's failure to raise objections within the review period specified in the Statement of Work — constitutes acceptance of the deliverables associated with that milestone, and the corresponding payment is fully earned by NextWave Apps.

If a milestone payment has been collected for a phase that NextWave Apps has not yet commenced or completed at the time of project cancellation, the Client may be entitled to a proportional refund of that milestone payment, net of any work already performed toward that milestone. NextWave Apps will prepare a good-faith accounting of work completed toward the unfinished milestone, calculated at the standard hourly rate applicable to the project, and will issue a refund for the unearned portion. This accounting will be provided to the Client in writing within 14 business days of the cancellation notice.

4.3 Disputed Milestone Deliverables

If the Client believes that deliverables submitted for a milestone review do not substantially conform to the agreed specifications in the Statement of Work, the Client must raise specific, documented objections in writing within the review period. Disputes over milestone deliverables are addressed through the defect and warranty process described in Section 7 and the dispute resolution process in Section 13, and do not automatically entitle the Client to withhold or recover milestone payments.

5. Client-Initiated Termination

A Client who wishes to terminate a project engagement must provide written notice of termination to NextWave Apps in accordance with Section 11.1 of the Terms of Service, with a minimum of 14 calendar days advance notice.

5.1 Financial Settlement Upon Client Termination

Upon Client-initiated termination, NextWave Apps will prepare a final invoice reflecting all work performed through the termination date. This invoice will account for: all completed milestones for which payment has not yet been received, all partially completed work, billed at the applicable hourly rate for actual time invested, any non-refundable third-party costs or expenses incurred by NextWave Apps on behalf of the project, and any pre-approved out-of-pocket expenses that cannot be recovered.

If the Client has already paid for work that NextWave Apps has not yet commenced at the date of termination, the unearned portion of such payments will be refunded to the Client, provided all prior invoices are paid in full. NextWave Apps will not issue refunds for unearned work while any outstanding balance remains unpaid.

5.2 Delivery of Work Product Upon Termination

Following final settlement of all outstanding balances, NextWave Apps will deliver to the Client all completed work product for which full payment has been received, in a reasonable format. Partially completed work product for which a partial payment has been calculated and received will also be made available. NextWave Apps is not obligated to deliver work product for phases or milestones that remain unpaid at the time of termination.

5.3 Change of Mind Terminations

NextWave Apps recognizes that business circumstances can change. However, termination resulting from a change of strategic direction, internal business decisions, or change of mind — rather than from any failure by NextWave Apps to perform — does not create any additional refund entitlement beyond what is described in this Section. All deposits paid and all milestones approved and paid prior to termination remain fully earned by NextWave Apps.

6. NextWave Apps–Initiated Termination

6.1 Termination for Client Breach

If NextWave Apps terminates a project due to the Client's material breach of the Terms of Service or the project agreement — including, but not limited to, non-payment of invoices, persistent failure to provide necessary materials or approvals, or abusive conduct — the Client is not entitled to any refund of deposits or milestone payments already made. NextWave Apps retains all compensation for work performed through the date of termination and may pursue collection of any outstanding amounts owed through legally available means.

6.2 Termination for Convenience by NextWave Apps

In the rare circumstance where NextWave Apps terminates a project for reasons other than Client breach — for example, due to a fundamental change in our capacity to deliver, an unforeseen conflict of interest, or a legal impediment — NextWave Apps will refund to the Client all fees paid that correspond to work not yet commenced or delivered. NextWave Apps will retain compensation only for work actually performed and costs actually incurred up to the date of termination. Such terminations will be accompanied by a detailed written accounting of work performed and amounts retained.

6.3 Force Majeure

Neither party shall be liable to the other for failure or delay in performance to the extent such failure or delay is caused by circumstances beyond the affected party's reasonable control, including natural disasters, government actions, pandemics, or critical infrastructure failures. In the event of a force majeure event affecting NextWave Apps's ability to perform, the parties will negotiate in good faith regarding project suspension, timeline adjustment, or termination with equitable financial settlement. No automatic refund obligation arises from a force majeure event alone.

7. Defects and Warranty Remedies

7.1 Warranty Period

NextWave Apps provides a 30-day warranty period from the date of final delivery of each project's production-ready deliverables. During this warranty period, if any deliverable is found to contain a material defect — defined as a documented failure of the deliverable to substantially conform to the specifications set forth in the approved Statement of Work — NextWave Apps will remediate the defect at no additional cost to the Client, using commercially reasonable efforts and within a timeframe appropriate to the severity of the defect.

7.2 Warranty Exclusions

The warranty described above does not extend to defects or issues arising from: modifications made to the deliverables by the Client or any third party after delivery; third-party platform changes, operating system updates, or App Store policy changes that alter the behavior of the application; issues attributable to the Client's infrastructure, hosting environment, or third-party services not under NextWave Apps's control; new feature requests or enhancements that were not part of the agreed scope; defects attributable to Client-provided materials, content, or specifications; or the Client's failure to implement recommended configuration settings or updates.

7.3 Remedy Limitation

The exclusive remedy for defects within the warranty period is remediation by NextWave Apps. Refunds are not issued for warranty claims where NextWave Apps is willing and able to cure the defect within a commercially reasonable timeframe. In the exceptional circumstance where a material defect cannot be remediated within a reasonable period and the defect fundamentally impairs the usability of the deliverable, the parties will negotiate in good faith an appropriate remedy, which may include a partial credit or refund proportional to the affected functionality. Any such remedy is capped at the amount paid for the affected milestone or deliverable.

7.4 Post-Warranty Support

Issues arising after the 30-day warranty period are not covered under this warranty. Post-launch support, bug fixing beyond the warranty period, and product iteration are available through a separate support retainer agreement, the terms of which will be specified in a separate Statement of Work. NextWave Apps is available to discuss ongoing support arrangements at any time during or after the project engagement.

8. Scope Disputes

From time to time, genuine disagreements may arise between the Client and NextWave Apps about whether a particular feature, design element, or technical requirement was within the agreed scope of the project. These situations are addressed through the Change Order process described in Section 4.2 of the Terms of Service and through the Dispute Resolution process described in Section 13 of the Terms of Service.

A scope dispute does not automatically entitle the Client to withhold payment for work otherwise performed in accordance with the Statement of Work. Where a scope dispute results in the Client refusing to approve a milestone or make a milestone payment, and that dispute is subsequently resolved in NextWave Apps's favor — whether through negotiation, mediation, or arbitration — the Client shall be liable for all amounts withheld, together with applicable late payment interest as specified in Section 5.2 of the Terms of Service.

Where a scope dispute is resolved in the Client's favor, NextWave Apps will perform any additional work necessary to bring the deliverable into conformance with the agreed scope at no additional charge, or will issue a proportional credit if the additional work has already been charged to the Client. Refunds resulting from scope disputes will be issued only where the dispute resolution process determines that the Client has overpaid for work relative to the agreed scope, and only in an amount equal to the determined overpayment.

9. Third-Party and Pass-Through Costs

In the course of project execution, NextWave Apps may incur costs for third-party services, software licenses, cloud infrastructure, API services, design asset subscriptions, and other out-of-pocket expenses that are billed to the Client as pass-through costs or as project expenses, in accordance with Section 5.4 of the Terms of Service.

All such third-party costs that have been pre-approved by the Client and incurred by NextWave Apps are non-refundable, regardless of whether the project is completed or terminated. This is because these costs are paid to and controlled by external vendors whose own refund policies govern any potential recovery. NextWave Apps will make reasonable efforts to recover unused portions of pre-paid third-party services where vendor terms permit, and will pass through any such recovery to the Client, net of any processing costs.

NextWave Apps will not incur third-party expenses exceeding $100 USD individually without prior written approval from the Client, as specified in the Terms of Service. Any expenses incurred without proper pre-approval — other than in genuine emergency circumstances where prior approval was not reasonably obtainable — will not be charged to the Client and will be absorbed by NextWave Apps.

10. Refund Request Process

All refund requests must be submitted in writing to NextWave Apps via the contact information provided in Section 14 of this Policy. Verbal refund requests will not be processed and do not constitute formal initiation of a refund request for any purpose under this Policy.

A valid refund request must include the following information: the Client's full legal name and company name, the project name or reference number as specified in the Statement of Work, the invoice number or numbers to which the refund request relates, the specific amount being requested for refund, a clear and detailed explanation of the grounds for the refund request with reference to the applicable provisions of this Policy, and any supporting documentation, including relevant correspondence, deliverable review notes, or technical evidence, that the Client believes is relevant to the assessment of the request.

Upon receipt of a complete refund request, NextWave Apps will acknowledge the request in writing within three business days and will provide a substantive response — either approving, partially approving, or declining the request with written explanation — within 14 business days. Where the assessment of the request requires a detailed accounting of work performed, NextWave Apps may request up to an additional 10 business days to prepare and present that accounting before issuing its response.

Submission of a refund request does not suspend any Client obligation to pay outstanding invoices or to continue cooperating with any active project. Refund requests submitted as a mechanism to avoid payment of legitimately owed amounts will be declined and may be treated as a breach of the project agreement.

11. Refund Processing and Timing

Approved refunds will be issued within 14 business days of the date on which NextWave Apps provides written approval of the refund request. Refunds will be issued using the same payment method used by the Client for the original payment, unless a different method is mutually agreed in writing. NextWave Apps does not issue refunds in cash or by check unless the original payment was made by check or wire transfer.

Where a refund is issued by reversal to a credit or debit card, the timing of the credit appearing in the Client's account is subject to the policies of the Client's card issuer and may take an additional 3 to 10 business days beyond the date of NextWave Apps's refund issuance. NextWave Apps is not responsible for delays attributable to payment processors or financial institutions.

In cases where the refund amount is subject to dispute — for example, where the Client and NextWave Apps disagree on the proportion of work completed — NextWave Apps will issue the undisputed portion of the refund within 14 business days and will work to resolve the disputed portion through the process described in Section 13. No interest will accrue on disputed refund amounts during the dispute resolution process, provided NextWave Apps is acting in good faith to resolve the dispute promptly.

All refunds are issued in United States Dollars. If the original payment was made in a currency other than USD, the refund will be calculated in USD at the exchange rate applicable on the date the refund is issued. NextWave Apps is not responsible for exchange rate fluctuations between the date of original payment and the date of refund.

12. Non-Refundable Items

For clarity and to avoid any ambiguity, the following items are non-refundable under all circumstances:

Initial deposits paid after the project kickoff meeting has occurred and substantive work has commenced, as described in Section 3.

Milestone payments corresponding to deliverables that have been approved by the Client, whether through explicit written approval or through expiry of the review period without documented objection.

Payments for completed work where the Client's dissatisfaction relates to a change in business direction, strategic priorities, or personal preference rather than a failure by NextWave Apps to meet the agreed specifications.

Payments for discovery sessions, project scoping, proposal preparation, or consultative work completed prior to the formal project engagement, even if the Client subsequently decides not to proceed with the project.

Third-party costs and pass-through expenses that have been pre-approved by the Client and incurred by NextWave Apps, as described in Section 9.

Late payment interest charges legitimately accrued under Section 5.2 of the Terms of Service.

Payments for work completed during a retainer or post-launch support engagement, which are billed for time spent regardless of the outcome of any individual support ticket or request.

Any amounts paid prior to a Client-initiated scope expansion via Change Order, where the Client subsequently disputes the value delivered under that expanded scope but has already approved and received the expanded deliverables.

13. Dispute Resolution

In the event of a disagreement regarding the application of this Refund Policy, the parties agree to follow the dispute resolution process set forth in Section 13 of the Terms of Service, which begins with good-faith negotiation between senior representatives of both parties and, if necessary, proceeds to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

Clients are encouraged to attempt to resolve refund disagreements informally before initiating formal dispute resolution. In our experience, most misunderstandings regarding refunds arise from ambiguity in the scope of work or from communication breakdowns that can be addressed through direct, good-faith dialogue. We are committed to engaging constructively and promptly with any refund concern, regardless of whether we ultimately agree that a refund is warranted.

NextWave Apps will not initiate legal proceedings to collect undisputed amounts during the pendency of a legitimate, good-faith refund dispute. However, collection proceedings for amounts that are not subject to a bona fide dispute, or for amounts determined to be owed following the conclusion of a dispute resolution process, may be initiated without further notice.

Nothing in this Refund Policy shall be construed to waive any right of either party under applicable consumer protection, contract, or commercial law. Where applicable law provides remedies or protections in excess of those described in this Policy, those legal remedies and protections shall apply.

14. Contact Information

All refund requests, questions regarding this Refund Policy, and related communications must be submitted in writing to NextWave Apps through the following channels. We are committed to responding to all refund-related inquiries promptly and with transparency.