Terms of Condition

Last Updated: September 02, 2024

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Please read these Terms of Service (this “Agreement”) fully and carefully before using the Site, Services, Equipment, and/or Products. This Agreement sets forth the legally binding terms of service between the customer, client, and NITE CF. By purchasing, registering for, and/or using NITE CF in any manner, you agree that you have read, understand, and accept this agreement and all other operating rules, policies, and procedures referenced herein, each of which is incorporated herein by this reference and each of which may be updated from time to time as set forth below, to the exclusion of all other terms.

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You may not use the Site, Services, Equipment, and/or Products from NITE CF if you do not unconditionally accept this Agreement. If you are accepting on behalf of an organization, you represent and warrant that you have the authority to do so; however, if your organization has entered into a separate contract with NITE CF covering its use of the Services, then that contract shall govern instead. These Terms are not negotiable.
 

Except for certain types of disputes defined in the arbitration section below, you agree that disputes between you and NITE CF shall be resolved by binding, individual arbitration and you waive your right to participate in a class-action lawsuit or class-wide arbitration.

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In this Agreement, “Customer” shall refer to you, unless you are accepting on behalf of a company in which case “Customer” shall mean that organization; and “NITE CF” shall refer to NITE CF, a Utah corporation with a principal place of business at NITECF.Com. Notwithstanding the foregoing, if Customer is based in Utah, for the purposes of providing telecommunications-related Services to Customer, "NITE CF” shall refer to NITE CF, a Utah private limited company that is wholly owned by NITE CF, provided that NITE CF shall act as the agency of NITE CF for the purpose of collecting payment from Customer to the extent that Customer’s Account is prepaid. NITE CF and Customer are each referred to in this Agreement as a “Party” and collectively as the “Parties.” In consideration of the terms and covenants set forth herein, and for other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows.

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Interpretation and Definitions

Interpretation

The words in which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in the singular or in the plural.

Definitions

For the purposes of this Privacy Policy:
 

• "Account" means a unique account created for you or that you created to access our Service or parts of our Service.
   

• "Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to NITE CF in The State of Utah.
   

• "Cookies" are small files that are placed on your computer, mobile device, or any other device by a website, containing the details of your browsing history on that website among its many uses.
   

• "Country" refers to the United States of America
   

• "Device" means any device that can access the Service such as a computer, a cellphone, or a digital electronics.
   

• "Personal Data" is any information that relates to an identified or identifiable individual.
   

• "Service" refers to the NITE CF Site, Services, Equipment, and/or products we have to offer.
   

• "Service Provider" means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, and to perform services related to the. Service or to assist the Company in analyzing how the Service is used.
   

• "Third-party Social Media Service" refers to any website or any social network website through which a user can log in or create an account to use the Service.
   

• "Usage Data" refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
   

• "Website" refers to NITE CF's official website, accessible from <https://www.nitecf.com/>
   

• "You" mean the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

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Privacy Policy
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Last Updated: September 02, 2024

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This Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your information when you use the Service and tells you about your privacy rights and how the law protects you. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.​​

Collecting and Using Your Personal Data

Types of Data Collected

 

Personal Data

While using Our Service, We may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally, identifiable information may include, but is not limited to:
 

• Company or Organization Name:

• Full Legal Name:

• Email Address:

• Phone Number:

• Address, City, State, ZIP/Postal Code, Province:

• Usage Data:​

Usage Data

Usage Data is collected automatically when using the Service.
 

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers, and other diagnostic data.

When You access the Service by or through any electronic device, We may collect certain information automatically, including, but not limited to, the type of device You use, Your device's unique ID, the IP address of Your device, Your operating system, the type of Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through any electronic device.

Tracking Technologies and Cookies

We use cookies and similar tracking technologies to track the activity on Our Service and e-store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies we use may include:
 

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct your browser to refuse all Cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, You may not be able to use some parts of our Service. Unless you have adjusted. Your browser setting so that it will refuse cookies, our Service may use Cookies.
   

• Flash Cookies. Certain features of our Service may use locally stored objects (or Flash cookies) to collect and store information about your preferences or your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how you can delete Flash Cookies, please read "Where can I change the settings for disabling, or deleting local shared objects?"
   

• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

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Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on your personal computer, mobile, or any other device when you go offline, while Session Cookies are deleted as soon as you close your web browser.

We use both Session and Persistent Cookies for the purposes set out below:
 

• Necessary / Essential Cookies
  
  Type: Session Cookies
  
  Administered by: Us
  
  Purpose: These cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that you have asked for cannot be provided, and we only use these Cookies to provide you with those services.
   

• Cookies Policy / Notice Acceptance Cookies
  
  Type: Persistent Cookies
  
  Administered by: Us
  
  Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
   

•  Functionality Cookies
  
  Type: Persistent Cookies
  
  Administered by: Us
  
  Purpose: These cookies allow us to remember choices you make when you use the Website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid having to re-enter your preferences every time you use the Website.

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For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.​

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Use of Your Personal Data

 

The Company may use Personal Data for the following purposes:
 

• To provide and maintain our Service, including monitoring the usage of our Service.
   

• To manage your Account: to manage your registration as a user of the Service. The Personal Data you provide can give you access to different functionalities of the Service that are available to you as a registered user.
   

• For the performance of a contract: the development, compliance, and undertaking of the purchase contract for the equipment, products, items, or services. You have purchased any other contract with us through the Service.
   

• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, equipment, products, or contracted services, including the security updates, when necessary or reasonable for their implementation.
   

• To provide you with news, special offers, and general information about other goods, services, and events that we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
   

• To manage your requests: To attend to and manage your requests to us.
   

• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or another sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
   

• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns, and evaluating and improving our Service, equipment, products, services, marketing, and your experience.

We may share your personal information in the following situations:

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• With Service Providers: We may share your personal information with Service Providers to monitor and analyze the use of our Service, and to contact you.
   

• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of Our business to another company.

• With Affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners, or other companies that we control or that are under common control with us.
   

• With business partners: We may share your information with our business partners to offer you certain equipment, products, services, or promotions.
   

• With other users: when you share personal information or otherwise interact in public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media    Service, Your contacts on the Third-Party Social Media Service may see your name, profile, pictures, and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you, and view your profile.
   

• With Your Consent: We may disclose your personal information for any other purpose with your consent.​

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Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or we are legally obligated to retain this data for longer time periods.​

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Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country, or other governmental jurisdiction where the data protection laws may differ from those of Your jurisdiction. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

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​Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition, or asset sale, your personal data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.​

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Law Enforcement

Under certain circumstances, the Company may be required to disclose your personal data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).​

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Other Legal Requirements

The Company may disclose your personal data in the good faith belief that such action is necessary to:
 

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

We take the security of your personal data seriously. However, it's important to note that no method of transmission over the internet or electronically is 100%. While we use commercial means to protect your data we cannot guarantee its absolute security.​

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Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.​

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​Thank you for your interest in our Privacy Policy! We are always striving to improve our services and make sure that your personal information is protected. We are excited to let you know that we may update our Privacy Policy from time to time to ensure that we are providing you with the best possible experience. We will notify you of any changes and keep you informed. Thank you for being part of our community!

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Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page. We will let you know via email and/or a prominent notice on Our Service, prior to the change becoming effective, and update the "Last Updated" date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

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White Glove Service (Utah Coverage Area's Only)
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Last Updated: September 02, 2024

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Thank you for choosing our delivery service! We are thrilled to offer Delivery to the room of choice and White Gloves Service to our customers. If you have it on your Service Plan, you're all set! If not, don't worry, you can easily upgrade your plan or add it as an add-on to your order. For more information, please visit our Contact Us Page. We wait to provide you with the best experience possible!

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Standard White Glove Services provides a high level of care and attention to detail, though they may not include all the advanced features of premium services. Here are some of the main features:
 

• Careful Handling: Items are handled with special care to prevent damage during transit.

• In-Home Delivery: Items are delivered directly to the customer’s room of choice.

• Basic Setup: Delivery personnel may assist with the basic setup or assembly of items.

• Packaging Removal: Removal of packaging materials to ensure a clean and convenient delivery experience.

• Scheduled Deliveries: Customers can schedule delivery times that are convenient for them, including some flexibility for evening or weekend deliveries.

• Customer Support: Enhanced customer service to address any issues or concerns during the delivery process.

Advanced White Glove Service is the ultimate solution for those who want to ensure their high or delicate items are handled with the utmost attention to detail. With our premium service, you can rest assured that your items will be treated with the respect they deserve. From packing to delivery, we take care of everything so you can focus on what matters most. Trust to provide you with the best service possible are some of the main features:

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• Customization: Tailored solutions to meet the unique needs of customers and products, including customized packaging and handling procedures.

• High-Level Care: Trained professionals ensure careful loading, transportation, and unloading to minimize the risk of damage.

• In-Home Setup or Installation: Delivery personnel not only deliver items but also set them up according to customer preferences or manufacturer guidelines.

• Enhanced Customer Experience: Services like unpacking, removal of packaging materials, and personalized customer service create a positive impression and build customer loyalty. Advanced Technology: Real-time tracking and route optimization ensure precise and efficient deliveries.

• Reduced Returns and Exchanges: Proper packaging and careful delivery minimize the likelihood of returns and exchanges due to damaged products.

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It's great to know that you're considering White Glove Services! They are an excellent choice for businesses that want to offer exceptional customer service and handle high-value or complex products with great care. Do you have any specific questions or topics you'd like to discuss? I'm here to assist you in any way I can!

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Billing and Payment Processing

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Last Updated: September 02, 2024

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Payment of Invoices

Invoices are delivered monthly. Except for usage-based fees, all fees are due in advance on the first day of each billing period. Fees may include monthly recurring charges ("Service Fees") and other non-recurring charges including but not limited to, activation fees, porting fees, early termination fees ("ETF"), and other fees further described in Section "Taxes and Fees" (collectively, "Fees"). All usage-based charges (including charges for international calls) are due and payable in arrears on the first day of each billing period following the month they were incurred. The customer agrees to pay for all equipment as the equipment order is processed and set up fees upon acceptance of the Sales Order or as ordered by the Superuser. The customer agrees to pay for the first month of Services upon Activation of the Services. Failure to pay all undisputed amounts in full may result in account suspension and NITE CF shall have no liability for such suspension under any circumstances. In the event that Customer's use of the Services involves usage-based charges, NITE CF may, as applicable, in its sole discretion, process charges against Customer's payment method prior to Customer's regular monthly billing cycle date.

 

The customer agrees to pay NITE CF all undisputed recurring monthly service charges, Taxes and Fees, Shipping and Handling, set-up charges, and usage charges, if applicable, for the Customer's use of the Services. NITE CF may also charge, and Customer shall pay, all recurring and nonrecurring costs, charges, and expenses incurred by NITE CF for Customer's benefit in connection with installation, delivery, or implementation of the Services (collectively, the "Special Install Costs"), as reflected in the applicable Sales Order or Statement of Work. For clarification and by way of example, standard installation does not include (and the following may comprise a portion of any Special Install Costs) core drilling, wiring extensions for excessive distances, installation of new conduit runs, installation of waterproof shielding, installation of aerial circuit runs, or removal of hazardous materials, as determined by NITE CF at its sole discretion, as well as after-hours installation of Services (“Non-Standard Installation”). Non-standard installation will be purchased by the Customer as an additional Service. Non-Standard Installation is the installation of Services Monday to Friday between 5 pm to 10 pm Mountain Standard Time (MST). Non-standard installation will include appointment coordination, the provisioning of the Service, basic external wiring, call tests, and remote NITE CF technical support as needed. The customer agrees to provide NITE CF with a valid email address, billing address, and a valid payment method prior to activation of Service. The customer shall advise NITE CF immediately if the Customer's Company Contact or your member email addresses change and/or if the payment method changes or expires.

 

The customer agrees to supply NITE CF with the information necessary for NITE CF  to complete an initial credit evaluation to verify the Customer’s credit rating prior to providing the Customer with access to the Services or the Equipment. NITE CF may also, during the Service Term of this Agreement, update its information regarding the Customer’s credit rating without notice to or permission from the Customer. NITE CF reserves the right during the Service Term, in its sole discretion, to require another form of secure payment authorization such as credit card or auto-payment in the event Customer’s account is habitually delinquent, or if the Customer is purchasing additional Services and at the time of purchase Customer’s credit rating has materially decreased.

 

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Payments via Debit/Credit Card, Paypal, or Venmo

With respect to all amounts chargeable to Customer under this Agreement, if paying by Debit/Credit Card, Paypal, or Venmo. The customer authorizes NITE CF to automatically bill the payment method the Customer provided on the same day of each month, or automatically debit (charge) the Customer's checking account electronically on the same day of each month. The customer agrees that NITE CF may receive updated information about the Customer's account from the financial institution issuing the Customer's payment method. The customer's payment method is also subject to a charge for applicable fees and charges arising from a cancellation of Service or required NITE CF equipment or product returns. We do not accept ACH at this time.

 

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Alternative Payment Methods

Under certain circumstances, and except for prepaid cards, NITE CF may agree to accept alternative payment methods. In such case, the Customer shall agree to NITE CF's reasonable requirements, as well as certain fees, related to the aforementioned pre-approved, alternative payment methods. In such a case, the Customer authorizes NITE CF to either:

 

1. use information from the check to make a one-time electronic transfer from Customer's account as soon as the Customer submits the payment; or
    

2. to process the check as a check transaction, in which case the Customer may not receive the check back from the Customer's financial institution. In the event that the Customer presents a check to NITE CF for payment that is returned by the Customer's bank for non-sufficient funds, NITE CF may suspend or terminate the account. The customer shall pay a reconnect fee to reactivate the suspended Service as set forth in the "Suspension of Services for Non-Payment". Late payments and returned checks are subject to late payment fees and returned check fees, respectively.

 

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Suspension of Services for Non-Payment

Suspension of Services for Non-Payment. If you fail to pay all amounts owed under a Service Contract when due, then we may suspend the Services for which payment has not been made until full payment is made. Following any suspension of service under this provision, and after you make full payment to us, we shall consider restoring the Services after confirming that all aspects of your network, systems, and environment remain in compliance with the Service Contract and our requirements with respect to security, updates, and best practices. As a condition of such restoration, you agree to pay us a “Reactivation Fee” equal to $450.00 or, if greater, the actual costs reasonably incurred by us in effecting such restoration. Our right to suspend Services under this section is in addition to any right to terminate the Service Contract or other remedy that might be available to us. Liss shall not have any responsibility or liability for any interruption of business or other claims, damages, or costs of any kind in connection with a suspension of services based on the client's non-payment of fees.

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The failure of NITE CF to restrict, suspend or terminate the Services for non-payment of any undisputed charges shall not operate as a waiver or estoppel to restrict, suspend or terminate Services of such account for non-payment of current or future charges. NITE CF may also apply other payments made by the Customer towards any past-due undisputed amounts owed. The customer shall also reimburse NITE CF for all reasonable attorneys' fees and other costs incurred by NITE CF relating to collecting delinquent payments or the Customer's undisputed non-payment breach of this Agreement.

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Payment Terms; Price Confirmation/Billing Errors:

Unless otherwise indicated, the purchase price of Products will be billed in full at the time of Product shipment. Nite CF will charge your selected payment method upon shipment.

 

At the time you place your order, Nite CF will pre-authorize your payment method for the total purchase amount plus applicable taxes and shipping charges. Once Nite CF ships your order, Nite CF will collect payment from your selected payment method.

 

Nite CF accepts MasterCard, Visa, American Express, Discover, PayPal, and Venmo. Nite CF does not accept cash, COD, purchase orders, or personal checks.  Nite CF payment terms are subject to change without notice at Sony’s sole discretion.

 

For backorders and pre-orders, your payment method will have a pre-authorization hold placed on the payment method at the time your order is submitted. If the pre-authorization hold has expired when the Product is available for shipment, your payment method will have a re-authorization prior to shipment and payment capture will occur when your order is ready to be shipped. If the re-authorization fails, your order will be canceled, and an email will be sent to you indicating the payment method re-authorization failure so you can follow up with your bank and re-order when you are ready.

 

For orders from the Website, we confirm the price of a Product as part of our order processing procedures. In the unlikely event that a price stated on a Sony Website or direct sales materials is incorrect, then the following applies: If a Product’s correct price is lower than our stated price, we charge the lower price and ship you the Product. If a Product’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

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Billing Disputes

If the Customer reasonably disputes an invoice, the Customer must pay the undisputed amount and submit written notice of the disputed amount (with details of the nature of the dispute and the Services and invoice(s) disputed) to the address given by the NITE CF Owner or before the due date. In the event Customer intends to dispute amounts already paid in full, the Customer must submit a notice of such dispute in writing via email, within 60 days from the date of the invoice (such date at the end of such period being the "Dispute Due Date"). After receipt of notice of the dispute, NITE CF shall undertake an investigation of the dispute, so long as the Customer has not waived its rights pursuant to this paragraph to make the dispute. At the conclusion of the investigation, NITE will notify the Customer of the amount to be correctly charged and such amount will become immediately due and payable. NITE CF may charge interest on such amount from the date originally due. If the dispute notice is not sent by the Dispute Due Date, the Customer waives all rights to dispute the applicable charges, unless otherwise provided by law. All billing disputes must be sent to: UT.NiteCF@Gmail.Com or via regular mail to the address given by NITE CF Owner.

 

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Additional Charges

The customer acknowledges that the Customer may incur additional charges while using the Service. For example, Customers may incur charges as a result of accessing certain online services or purchasing or subscribing to certain other offerings. Customer agrees that all such charges, including all applicable taxes, are the sole responsibility of Customer, and Customer covenants to timely pay all such charges.

 

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Taxes and Fees

 Prices do not include any sales, local, or other similar taxes. Where applicable, taxes will be shown on and added to your invoice. All such taxes shall be paid by you.

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Prices for Services do not include, and the Customer is responsible for, all Taxes and Fees. Customers may also be charged taxes by a Marketing Partner or Authorized Distributor for non-NITE CF equipment, products, and services sold or licensed by that Marketing Partner or Authorized Distributor in connection with the Customer's order for NITE CF Services. This recovery fee may also include recovery of costs for legal, intellectual property, cybersecurity, compliance, and other related expenses, including those related to number portability, customer privacy protection, and anti-fraud protection. This fee is not a tax or charge required or assessed by any government and may be recovered by NITE through the imposition of a surcharge on the cost of the Service. The customer may present NITE CF with an exemption certificate eliminating the Customer's and NITE CF's liability to pay certain Taxes and Fees. If any amounts paid for the Services are refunded by NITE CF, Marketing Partner, or Authorized Distributor, applicable taxes may not be refundable. The foregoing shall not apply to In-App Purchases. The terms of service for the app store from which the Customer downloaded the mobile application shall govern taxes and fees for the Services if any, and such terms are hereby incorporated by reference.

 

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Regulatory and Legal Changes

NITE CF may discontinue, limit, modify any Service, or impose additional requirements to the provision of any Service, as may be reasonably required to comply with any Applicable Laws. If changes in Applicable Laws materially and adversely affect the delivery of Service (including the economic viability thereof) or would impose further compliance requirements, then NITE CF will provide notice to the Customer to the extent that said changes impact the Customer's obligations and details of regulatory changes and if requested by Customer, the Parties will use good faith efforts to negotiate appropriate changes to this Agreement. If the parties cannot reach an agreement within 30 days after NITE CF's notice requesting renegotiation, NITE CF may, on a prospective basis after the 30-day period, pass any increased costs (if applicable) resulting from such changes on to the Customer; provided, however, that NITE CF shall provide Customer written notice of any increased costs or charges and Customer may upon notice given to NITE CF within 60 days after delivery of the notice of the increased charges terminate Service without liability for an early termination fee or charge. If Customer does not terminate Service within such 60-day period, Customer’s termination right shall expire and Customer shall be obligated to accept and pay for the Service until expiration or termination of the Service Term.

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Return and Refund Policy
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Last Updated: May 14, 2023

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Thank you for shopping at NITE CF. If for any reason, you are not completely satisfied with a purchase we invite you to review our policy on refunds and returns. The following terms are applicable for any equipment and products that you purchased with us.

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Return Materials Authorization (RMA) Policy

Purchased equipment and products may not be returned to NITE CF unless otherwise directed. All Services, Equipment, and/or Product sales are final. Equipment and Products sold by NITE CF to the Customers may be returned to the manufacturer solely in the event of a defect that arises within the applicable warranty period, provided the Customer complies with the terms of this Section and the Return Materials Authorization ("RMA") policy. Prior to returning the product and/or equipment, the Customer must contact NITE CF so that NITE CF may confirm the correct location to send the product and/or equipment, confirm that a defect exists to process a warranty claim on behalf of the Customer and provide an RMA number. The customer must ship the equipment to the address provided by NITE CF in accordance with all RMA procedures within 10 days after receipt of an RMA number, including the payment of all shipping fees. Once the equipment is received, if applicable the original equipment manufacturer will handle the return in accordance with its applicable warranty policy.

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Sales Order

All Services will be described in a Sales Order, which will be set forth as applicable:

 

1. Client-Only Service Purchase Plan/Subscription

2. The equipment, products, price, delivery, installation location(s), and other information about the Services;

3. NITE CF Equipment being provided to Customer;

4. Any associated delivery or installation information. The Sales Order incorporates by reference these Terms, and when executed by NITE CF and Customer, becomes a binding contract between NITE CF and Customer. NITE CF will provide, and, commencing on the Service Date for the applicable Customer Location, invoice the Customer for each Service pursuant to the terms of service of each Sales Order and this Agreement. NITE CF will provide, and the Customer will pay for and receive from NITE CF each Service pursuant to the terms of service of each Sales Order. A Sales Order may only be amended in writing and signed by both Customer and NITE CF. Customers may increase the quantity of Services at existing Customer Locations at any time during the Initial Service Term or Renewal Service Term (“Additional Services”) by entering into an addendum or change order that sets forth the specific Additional Services requested. Each such addendum or change order shall be subject to NITE CF acceptance (including by the rendering of the Additional Services), and upon such acceptance shall be considered an amendment to this Agreement and subject to the terms herein. Service Fees will be increased to reflect the Additional Services, subject to the same pricing and payment terms as are set forth in the applicable Sales Order. Additional Customer Locations must be contracted under new Sales Orders.

 

Conditions for Returns

We have a No Return, No Refund Policy, but In order for the Goods to be eligible for a return, please make sure that:
 

• The Goods were purchased in the last 14 days

• The Goods are in the original packaging
   

The following Goods cannot be returned:
 

• The supply of Goods is made to your specifications or clearly personalized.

• The supply of Goods which according to their nature are not suitable to be returned deteriorates rapidly or where the date of expiry is over.

• The supply of Goods that are not suitable for return due to health protection or hygiene reasons were unsealed after delivery.

• The supply of Goods that are, after delivery, according to their nature, inseparably mixed with other items.
   

We reserve the right to refuse returns of any merchandise, customers, and/or clients that do not meet the above return conditions at our sole discretion. Only regular-priced Goods may be refunded. Unfortunately, Goods on sale cannot be refunded. This exclusion may not apply to you if it is not permitted by applicable law.

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Returning Goods

You are responsible for the cost and risk of returning the Goods to Us. You should send the Goods by writing "Return Mail to Sender" on the original package.
 

We cannot be held responsible for Goods damaged, lost, or stolen in return shipment. Therefore, we recommend an insured and trackable mail service. We are unable to issue a refund without actual receipt of the Goods or proof of received return delivery.

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Gifts

If the Goods were marked as a gift when purchased and then shipped directly to you, you’ll receive a gift credit for the value of your return. Once the returned equipment and the product are received, a gift certificate will be mailed to you. If the Goods weren't marked as a gift when purchased, or the gift giver had the order shipped to themselves to give it to you later, we will send the refund to the gift giver.

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Promotions and Coupons.

Certain provisions of the Terms of Use may be superseded by expressly designated legal notices, rules, or other terms located on particular pages of the Properties, and, additionally in order to participate in or use certain services, promotions, discounts, or coupons that may be run from time to time with respect to the Properties ("Offer(s)"), you may be required to agree to additional or different terms and conditions ("Additional Terms"). Some Offers also may be subject to additional requirements or restrictions imposed by us or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer or the exclusion of merchandise from an Offer which shall also be part of the Additional Terms. Certain merchandise, shipping methods, costs or membership programs, and/or delivery times may be modified or not available in connection with an Offer. Your redemption of the Offer or use of such pages constitutes your unconditional acceptance of the Additional Terms. If there is an actual conflict between these Terms of Use and any Additional Terms, the Additional Terms shall control and the non-conflicting provisions in these Terms of Use will continue to apply. For the sake of clarity, silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.

 

If an Offer does not contain Additional Terms, then only these Terms of Use apply. Under these Terms of Use, unless otherwise prohibited by law, any Offer: (a) is valid only at the Property identified in the Offer and at no other store; (b) applies to in-stock merchandise only and not to gift cards or services; (c) is not valid for cash or cash equivalents; (d) is limited to one Offer per person, household, or address; (e) must be entered at checkout and/or in your account to be redeemed; (f) may not be combined with any other coupons or offers; (g) may only be used once; (h) expires on the later of one year from the date of issue or the date required by applicable law unless canceled by us as permitted herein, and (i) cannot be reproduced, modified, sold or traded or used to pay any tax, such as sales tax, shipping, handling or any value-added service. In addition, some Offers may be in the form of a voucher. If you purchase a voucher with a promotional value beyond the amount paid, you may redeem the voucher for the promotional value until the expiration date, or for the amount paid after the end of the applicable promotional period. We reserve the right to limit, change, or cancel any Offer or associated order, without prior notice, even after you have attempted to redeem the Offer or placed your associated order.

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Service Term and Service Cancellation Policy
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Last updated: October 29, 2022

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Service Term; Notice of Cancellation

Each Sales Order forms a fixed term subscription and is effective and binding on the Customer on the Effective Date. The Customer agrees it is liable for the full value of each Sales Order from NITE CF. The Service Term will begin on the Activation Date. Sales Orders which describe the delivery of Service to multiple Customer Locations may identify multiple Service Dates and Service Terms, with the Service Term for such additional Customer Locations being on separate Sales Orders and Service Terms.

 

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Month-to-Month Services

For Services provided on a month-to-month basis, either Party may terminate the Services by providing at least 15-days’ notice, with termination being effective the month following the month notice was provided.

 

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Fixed Term Services

For Services provided on a fixed-term basis, the Initial Service Term will automatically renew for a Renewal Service Term (with automatic renewal of subsequent Renewal Service Terms) equal in length to the previous Service Term unless the Parties agree otherwise via addendum, or unless either Party terminates the Service(s) by contacting the other Party via the telephone providing notice of non-renewal no less than 30 days prior to the expiration of the then-current Service Term. The Service Term shall continue unless and until either Party provides notice of cancellation or NITE CF terminates the Services in accordance with the terms set forth in this Agreement. Notwithstanding notice by a Party to terminate Services and this Agreement, the Service(s) will remain in effect through the effective date of termination and the terms and conditions of this Agreement and the applicable Sales Order(s) will continue to apply to such Services. Upon termination of the applicable Service Term, NITE CF will not be obligated to furnish the Services to Customer; provided, however, if NITE CF continues to provide Services and Customer accepts and continues to use the Services after termination of the Service Term, such use shall be on a month-to-month basis and Customer shall be obligated to pay for such Services at then-current monthly rates for such Services. Either party may terminate such month-to-month term above. The Service Term for Additional Services (not including the NITE CF Equipment and Products) will be coterminous with the Services at the Customer Location where the Additional Services are being added. The Service Term for NITE CF Equipment and Products will require a minimum 24-month Service Term and will not be co-terminus if at the time of purchase Customer’s Service Term is less than 24 months. Service Fees will be increased to reflect the Additional Services, subject to the same pricing and payment terms as are set forth in the applicable Sales Order. Additional Customer Locations are contracted pursuant to additional Sales Orders by Customer Location.

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Early Termination Charges - Fixed Term Services

Early Termination Liability

If Customer terminates a Sales Order or all or any of the Service(s) or if Service is terminated by NITE CF. All charges, Taxes, and Fees under such Sales Order will be accelerated and the Customer shall pay NITE CF the sum of all unpaid amounts for Service(s) actually provided; plus 100% of the remaining contracted monthly recurring charges as of the date of termination through the end of the Service Term as prescribed in the Sales Order, or if such termination is prior to the Activation Date, the monthly recurring charges multiplied by the number of months prescribed by the Sales Order for the Service Term; and applicable Taxes and Fees on all of the foregoing. NITE CF may automatically charge Customer’s selected method of payment if Customer is paying via Debit/Credit Card, Paypal, and/or Venmo or Customer shall pay such cancellation amount upon receipt of an invoice, therefore, at NITE CF option, pursuant to Billing and Payment Processing.

 

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Additional Termination Obligations

Upon termination, expiration, or cancellation of the Services, Customer shall discontinue use of any NITE CF Services, including NITE CF-provided telephone numbers, log-ins, voicemail access numbers, or any web portal sites assigned to Customer by NITE CF.

 

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Cancellation Process

Services may be canceled by Customer only through the Superuser, or users designated by the Superuser as account administrators, by contacting NITE CF by telephone, Monday - Friday: 8 AM to 10 PM MST. (If Customer contacts a Marketing Partner or Authorized Distributor to cancel the Services, or any portion thereof, that Marketing Partner or Authorized Distributor will collect the pertinent information and provide the information to NITE CF to effect cancellation in accordance with Customer's instructions.) Customers may cancel services only through this method. NITE CF will not accept cancellations via Fax, SMS, Email, or other electronic methods. Failure to cancel services in accordance with this section will result in ongoing service charges, fees and taxes. NITE CF will provide the Customer with email confirmation of the Services canceled. If the Customer does not receive a confirmation of Service cancellation, the Customer must notify NITE CF by contacting NITE CF Customer Care by telephone.​

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Your Order Cancellation Rights

You are entitled to cancel Your Order within 24 hours without giving any reason for doing so. The deadline for canceling an Order is 24 hours from the date on which you purchased the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the equipment and/or product delivered. In order to exercise your right of cancellation, you must inform us of your decision by means of a clear statement. You can inform us of your decision by:

 

• By visiting this page on our website: <https://www.nitecf.com/contact-us>

• We will reimburse you no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order and you will not incur any fees for such reimbursement.​

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Service Term and Service Cancellation

Service Term; Notice of Cancellation. Each Sales Order forms a fixed-term subscription and is effective and binding on the Customer on the Effective Date. The customer agrees it is liable for the full value of each Sales Order (NITE CF Default). The Service Term will begin on the Activation Date. Sales Orders which describe the delivery of Service to multiple Customer Locations may identify multiple Service Dates and Service Terms, with the Service Term for such additional Customer Locations being on separate Sales Orders and Service Terms.

 

1. Month-to-Month Services. For Services provided on a month-to-month basis, either Party may terminate the Services by providing at least 15-days’ notice, with termination being effective the month following the month notice was provided.
    

2. Fixed Term Services. For Services provided on a fixed-term basis, the Initial Service Term will automatically renew for a Renewal Service Term (with automatic renewal of subsequent Renewal Service Terms) equal in length to the previous Service Term unless the Parties agree otherwise via addendum, or unless either Party terminates the Service(s) by contacting the other party via the telephone providing notice of non-renewal no less than 90 days prior to the expiration of the then-current Service Term. The Service Term shall continue unless and until either party provides notice of cancellation in accordance with this policy, or NITE CF terminates the Services in accordance with the terms set forth in this Agreement. Notwithstanding notice by a Party to terminate Services and this Agreement, the Service(s) will remain in effect through the effective date of termination and the terms of service of this Agreement and the applicable Sales Order(s) will continue to apply to such Services. Upon termination of the applicable Service Term, NITE CF will not be obligated to furnish the Services to Customer; provided, however, if NITE CF continues to provide Services and Customer accepts and continues to use the Services after termination of the Service Term, such use shall be on a month-to-month basis and Customer shall be obligated to pay for such Services at then-current monthly rates for such Services. Either party may terminate such a month-to-month term pursuant to this policy. The Service Term for Additional Services (not including the NITE CF Equipment) will be coterminous with the Services at the Customer Location where the Additional Services are being added. The Service Term for NITE CF Equipment will require a minimum 6-month Service Term and will not be co-terminus if at the time of purchase Customer’s Service Term is less than 6 months. Service Fees will be increased to reflect the Additional Services, subject to the same pricing and payment terms as are set forth in the applicable Sales Order. Additional Customer Locations are contracted pursuant to additional Sales Orders by Customer Location.

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Early Termination Charges - Fixed Term Services

 

Early Termination Liability. If Customer terminates a Sales Order or all or any of the Service(s), other than pursuant to this Policy (NITE CF Default), or if Service is terminated by NITE CF hereunder pursuant to this policy (Customer Default), all Charges, Taxes, and Fees under such Sales Order will be accelerated and Customer shall pay NITE CF the sum of all unpaid amounts for Service(s) actually provided; plus 100% of the remaining contracted monthly recurring charges as of the date of termination through the end of the Service Term as prescribed in the Sales Order, or if such termination is prior to the Activation Date, the monthly recurring charges multiplied by the number of months prescribed by the Sales Order for the Service Term; and applicable Taxes and Fees on all of the foregoing. NITE CF may automatically charge the Customer’s selected method of payment if the Customer is paying via debit, credit card, or ACH, or the Customer shall pay such cancellation amount upon receipt of an invoice, therefore, at NITE CF’s option, pursuant to this policy (Billing and Payment Processing).

 

Additional Termination Obligations. Upon termination, expiration, or cancellation of the Services, Customer shall discontinue use of any NITE CF Services, including NITE CF-provided telephone numbers, log-ins, voicemail access numbers, or any web portal sites assigned to Customer by NITE CF.

 

Cancellation Process. Services may be canceled by Customer only through the Superuser, or users designated by the Superuser as account administrators, by visiting this page on our website: <https://www.nitecf.com/contact-us> (If Customer contacts a Marketing Partner or Authorized Distributor to cancel the Services, or any portion thereof, that Marketing Partner or Authorized Distributor will collect the pertinent information and provide the information to NITE CF to effect cancellation in accordance with Customer's instructions.)

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Customers may cancel services only through this method. NITE CF will not accept cancellations via Fax, SMS, Email, or other electronic methods. Failure to cancel services in accordance with this section will result in ongoing service charges, fees and taxes. NITE CF will provide the Customer with email confirmation of the Services canceled. If the Customer does not receive a confirmation of Service cancellation, the Customer must notify NITE CF by contacting NITE CF Customer Care by telephone.​

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Equipment

The customer understands and acknowledges that Activation of the Services may require the use of certain Customer Equipment and/or NITE CF Business Equipment.

 

• Customer Equipment. Customer represents that they own or otherwise have the right to use the Customer Equipment in connection with the Services. The customer shall be fully responsible for the installation, maintenance, repair, and operation of any Customer Equipment. NITE CF shall not be responsible for ensuring the compatibility of any Customer Equipment with NITE CF Business Equipment.
   

• NITE CF may, upon the Customer's request, facilitate the provision of equipment from a third-party supplier or resell certain equipment. While NITE CF recommends some equipment brands and may facilitate the Customer's purchase of some equipment as an accommodation, the original equipment manufacturer and not NTIE CF shall be responsible for any equipment defects, if applicable. NITE CF will pass through all original equipment manufacturer warranties for the equipment to the Customer. NITE CF shall have no liability to Customer of any nature regarding such equipment. The customer is responsible to check the equipment manufacturer's website for warranty, return rules, and other terms of service applicable to such third-party equipment.
   

• Purchased equipment may not be returned to NITE CF unless otherwise directed. ALL EQUIPMENT SALES ARE FINAL. Equipment sold by NITE CF to the Customer may be returned to the manufacturer solely in the event of a defect that arises within the applicable warranty period, provided the Customer complies with the terms of this Section and the Return Materials Authorization ("RMA") policy. Prior to returning the equipment, the Customer must contact NITE  CF so that NITE CF may confirm the correct location to send the equipment, confirm that a defect exists to process a warranty claim on behalf of the Customer, and provide an RMA number. The customer must ship the equipment to the address provided by NITE CF in accordance with all RMA procedures within 10 days after receipt of an RMA number, including the payment of all shipping fees. Once the equipment is received, if applicable the original equipment manufacturer will handle the return in accordance with its applicable warranty policy.

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