Terms of Condition

Acceptance of Terms

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Last Updated: May 15, 2025

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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

Last Updated: May 15, 2025

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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

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

Pursuant to this legal instrument, the utilization of the Website engenders the automated acquisition of Usage Data.

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Said Usage Data may encompass, without limitation, the following categories of information: the Internet Protocol address associated with Your Device (e.g., IP address), the type and version of the browser employed, the specific Uniform Resource Locators comprising the Service visited by You, the precise temporal coordinates of Your access and egress, the duration expended on individual pages, unique identifiers ascribed to Your Device, and supplementary diagnostic data.

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Furthermore, in the event of Your accessing the Service via or through any electronic apparatus, We reserve the right to effectuate the automatic collection of certain data, including, but not limited to: the classification of the device utilized, the unique identification number assigned to Your device, the Internet Protocol address of Your device, the prevailing operating system, the nomenclature of the Internet browser in operation, unique device identifiers, and additional diagnostic metrics. Moreover, We may also collect information transmitted by Your browser whenever You navigate our Service or when access to the Service is facilitated by or through any electronic device.

Tracking Technologies and Cookies

Data Collection and Tracking Technologies Clause

This Service employs cookies and analogous tracking technologies to monitor user activity and retain specific data. The tracking mechanisms utilized encompass beacons, tags, and scripts, facilitating the collection and analysis of information to enhance and evaluate the Service's functionality. The technologies deployed may include, but are not limited to, the following:

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1. Cookies or Browser Cookies: A cookie, constituting a small data file, is placed on the User's Device. The User retains the prerogative to configure their browser settings to reject all cookies or to receive notification upon the transmission of a cookie. However, it is expressly stated that the refusal of cookies may impede the User's access to certain functionalities of the Service. Absent an affirmative adjustment of the User's browser settings to decline cookies, the Service reserves the right to deploy Cookies.
    

2. Flash Cookies (Locally Stored Objects): Select features within this Service may utilize locally stored objects, commonly referred to as Flash cookies, to gather and store data pertaining to User preferences or activity within the Service. It is specifically noted that Flash cookies are not governed by the same browser configuration parameters as Browser Cookies. Comprehensive information regarding the deletion of Flash Cookies can be accessed within the section titled "Where can I change the settings for disabling, or deleting local shared objects?".
    

3. Web Beacons: Certain sections of the Service and electronic mail communications originating therefrom may incorporate small electronic files known as web beacons (synonymously referred to as clear gifs, pixel tags, and single-pixel gifs). These mechanisms permit the Company, by way of example, to enumerate users who have accessed specific web pages or opened electronic mail, and for other related website statistical analyses, including, but not limited to, the assessment of section popularity and the verification of system and server integrity.
    

4. Cookie Persistence: Cookies utilized by this Service may be categorized as either "Persistent" or "Session" Cookies. Persistent Cookies shall remain stored on the User's personal computer, mobile device, or any other device following the cessation of online activity. Conversely, Session Cookies are automatically deleted upon the closure of the User's web browser."

 

Cookies Description

Strictly Necessary/Essential Cookies

• Classification: Session Cookies

• Data Controller: NITE CF

• Purpose: These session cookies are integral to the operation of the Website and are strictly necessary for providing users with the services explicitly requested. Their functions include, but are not limited to, user authentication and the prevention of unauthorized access or fraudulent activity related to user accounts. The absence of these cookies would render the requested services inoperable. These cookies are deployed solely for the purpose of delivering the specific services sought by the user.
   

Cookie Policy/Notice Acceptance Cookies

• Classification: Persistent Cookies

• Data Controller: [Insert Legal Name of Your Organization Here]

• Purpose: These persistent cookies serve the specific function of recording a user's informed consent regarding the deployment and use of cookies on the Website, thereby ensuring compliance with applicable data protection regulations and user preferences.
   

Functionality Cookies

• Classification: Persistent Cookies

• Data Controller: [Insert Legal Name of Your Organization Here]

• Purpose: These persistent cookies are implemented to enhance user experience by retaining user-specified preferences during Website interactions. This includes, but is not limited to, the storage of login credentials and language selections. The objective of these cookies is to provide a more personalized and efficient browsing experience, thereby eliminating the need for repetitive preference input upon subsequent Website visits.

 

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Permissible Uses and Disclosures of Personal Data

The Company may Process Personal Data for the following Legitimate Business Purposes:

1. Provision and Maintenance of the Service: To deliver, operate, and ensure the ongoing functionality of the Service, including the systematic monitoring of Service utilization to identify and address operational requirements and performance metrics.
    

2. Account Management: To administer and maintain User accounts established for access to the Service. The Personal Data provided during the registration process enables access to specific functionalities and features of the Service predicated upon the User's registered status.
    

3. Contractual Performance: For the development, execution, and fulfillment of contractual obligations arising from purchase agreements for equipment, products, items, or services, or any other contractual arrangements entered into between the User and the Company through the Service. This includes all necessary steps to ensure compliance with the terms and conditions of such contracts.
    

4. Communication with Users: To communicate with Users via electronic means, including but not limited to email, telephone calls, SMS messaging, or equivalent forms of electronic notification such as mobile application push notifications. Such communications may pertain to Service updates, informational notices relevant to the functionalities, equipment, products, or contracted services, and essential security updates, where necessary or reasonably required for their effective implementation.
    

5. Marketing Communications: To provide Users with information regarding news, special offers, and general information about other goods, services, and events offered by the Company that are similar to those previously purchased or inquired about by the User, unless the User has exercised their right to opt-out of receiving such promotional communications.
    

6. Management of User Requests: To receive, process, and respond to inquiries and requests submitted by Users to the Company.
    

7. Business Transfers: In the context of evaluating or executing a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of all or a material portion of the Company's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings, the Company reserves the right to utilize and transfer Personal Data held concerning Service users as part of the transferred assets.
    

8. Other Legitimate Purposes: The Company may Process Personal Data for other legitimate business purposes, including but not limited to data analysis, identification of usage trends, assessment of the effectiveness of promotional campaigns, and the ongoing evaluation and improvement of the Service, equipment, products, services, marketing strategies, and overall User experience

Disclosure of Personal Data

The Company may disclose Personal Data in the following circumstances:

1. With Service Providers: Personal Data may be shared with third-party service providers engaged by the Company to perform specific functions, including but not limited to monitoring and analyzing Service usage and facilitating communication with Users. Such sharing will be governed by contractual agreements ensuring the confidentiality and security of Personal Data.
    

2. In Connection with Business Transfers: The Company may disclose or transfer Personal Data in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a substantial portion of the Company's business to another entity.
    

3. With Affiliates: Personal Data may be shared with the Company's affiliates, including its parent company, subsidiaries, joint venture partners, or other entities under common control. In such instances, the Company will ensure that these affiliates adhere to the principles outlined in this Privacy Policy.
    

4. With Business Partners: Personal Data may be shared with trusted business partners to offer Users specific equipment, products, services, or promotions that may be of interest. Such sharing will be subject to agreements ensuring appropriate data protection safeguards.
    

5. In Public Areas and with Other Users: When Users voluntarily share Personal Data or otherwise interact in publicly accessible areas of the Service, such information may be visible to all other users and may be further disseminated publicly. If a User interacts with other users or registers for the Service through a Third-Party Social Media Service, their contacts on that Third-Party Social Media Service may be able to view the User's name, profile information, pictures, and a description of their activity on the Service. Similarly, other users of the Service may be able to view descriptions of the User's activity, communicate with the User, and view their profile information. Users are advised to exercise discretion when sharing Personal Data in public areas.
    

6. With User Consent: The Company reserves the right to disclose Personal Data for any other purpose with the explicit and informed consent of the User.

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Data Retention Policy

The Company shall retain Your Personal Data for a duration strictly limited to that which is necessary to fulfill the specified purposes outlined within this Privacy Policy. Notwithstanding the foregoing, Your Personal Data will be retained and utilized to the extent mandated by applicable legal obligations (including, but not limited to, compliance with statutory retention periods), to facilitate the resolution of disputes, and to ensure the effective enforcement of the Company's legal agreements and policies.

Furthermore, the Company shall retain Usage Data for internal analytical purposes. Usage Data is generally subject to a shorter retention period; however, this period may be extended in specific circumstances where such data is utilized to enhance the security or improve the functionality of the Service, or where a longer retention period is mandated by applicable legal requirements.

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Cross-Border Transfer of Personal Data

1. Processing Locations: The User acknowledges and consents to the processing of their Personal Data at the Company's operational facilities and in any other locations where entities involved in the Processing of Personal Data are situated. This may entail the transfer of Personal Data to, and its maintenance on, computer systems located outside the User's state, province, country, or other governmental jurisdiction, where data protection laws may differ from those within the User's jurisdiction.
    

2. Consent to Transfer: The User's informed consent to this Privacy Policy, followed by the voluntary submission of their Personal Data, constitutes their explicit and unambiguous consent to the aforementioned cross-border transfer of their Personal Data.
    

3. Safeguards for International Transfers: The Company undertakes to implement all measures that are reasonably necessary and legally required to ensure that Personal Data is treated with a level of security and protection substantially equivalent to that mandated by this Privacy Policy and applicable law, irrespective of the jurisdiction in which the Personal Data is being Processed. No transfer of Personal Data will be intentionally effectuated to any organization or jurisdiction unless adequate controls, including robust security measures for the protection of Personal Data and other personal information, are demonstrably in place. These safeguards may include, but are not limited to, contractual clauses based on legally recognized transfer mechanisms, adherence to applicable international data transfer frameworks, and the implementation of appropriate technical and organizational security measures.

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Disclosure and Security of Personal Data; Links to Third-Party Websites; and Amendments to this Privacy Policy
Disclosure of Personal Data

The Company may disclose Personal Data in the following legally permissible circumstances:

1. Business Transactions: In the event the Company undertakes a merger, acquisition, or sale of all or a material portion of its assets, User Personal Data may be transferred to the acquiring or successor entity. In such circumstances, the Company shall provide notice to Users prior to the transfer of their Personal Data and before such data becomes subject to a materially different Privacy Policy.
    

2. Legal and Law Enforcement Compliance: The Company may be compelled to disclose Personal Data when required by applicable law, regulation, legal process, or in response to valid and enforceable requests from public authorities, including but not limited to courts of competent jurisdiction or governmental agencies.
    

3. Other Legal Obligations and Protections: The Company reserves the right to disclose Personal Data in the good faith belief that such action is necessary to:
    

* Comply with a legal obligation imposed upon the Company.
* Protect and defend the legal rights or property of the Company.
* Prevent or investigate potential or actual wrongdoing in connection with the Service.
* Protect the personal safety of Users of the Service or members of the public in exigent circumstances.
* Defend against potential legal liability.

 

Security of Your Personal Data

The Company employs commercially reasonable measures designed to protect the integrity and confidentiality of User Personal Data. However, Users acknowledge that no method of data transmission over the internet or electronic storage is inherently impervious to all security risks. While the Company endeavors to utilize industry-standard security protocols, it cannot provide an absolute guarantee of the security of Personal Data transmitted or stored electronically.
 

Links to Third-Party Websites

The Service may contain hyperlinks to external websites that are not operated or controlled by the Company. Clicking on such third-party links will direct Users to those external sites. Users are strongly advised to carefully review the privacy policies of any third-party websites they visit. The Company exercises no control over, and assumes no responsibility or liability for, the content, privacy policies, or practices of any third-party websites or services. Accessing and utilizing third-party websites is at the User's sole discretion and risk.

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Amendments to this Privacy Policy

The Company reserves the right to modify or update this Privacy Policy periodically to reflect changes in its data processing practices, legal requirements, or Service functionalities. The Company will provide notice of any material changes to this Privacy Policy by posting the updated Privacy Policy on this page. In addition, prior to the effective date of any material changes, the Company may provide notification via email or a prominent notice within the Service. The "Last Updated" date at the beginning of this Privacy Policy will be revised accordingly. Users are advised to review this Privacy Policy regularly for any updates. Any modifications to this Privacy Policy shall become effective upon their posting on this page. Continued use of the Service following the posting of an updated Privacy Policy constitutes the User's acceptance of the revised terms.

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White Glove Service

Last Updated: May 15, 2025

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Terms and Conditions Regarding Enhanced Delivery Services

Thank you for selecting our delivery services. We are pleased to offer enhanced delivery options, including Delivery to Room of Choice and White Glove Service, subject to the terms and conditions outlined herein and the specifications of your applicable Service Plan.

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1. Availability of Enhanced Delivery Services:

   1. Delivery to Room of Choice and White Glove Service are available to Users who have either included these services within their designated Service Plan or have elected to add them as a supplemental service to their order, subject to applicable fees. Information regarding Service Plan inclusions and add-on options can be found on our designated "Contact Us" page or other relevant sections of our official communication channels.
       

2. Standard White Glove Service:

   1. Standard White Glove Service constitutes an enhanced level of care and attention during the delivery process, incorporating, but not limited to, the following elements:

      1. Diligent Handling: Items shall be handled with reasonable care to mitigate the risk of damage during transit.

      2. In-Premises Delivery: Delivery shall be executed to the User's designated room of choice within the delivery address.

      3. Basic Configuration Assistance: Delivery personnel may provide limited assistance with the initial setup or assembly of delivered items, to the extent reasonably practicable and without assumption of liability for complex installations unless otherwise expressly agreed upon.

      4. Debris Removal: Removal of immediate packaging materials shall be undertaken to facilitate a convenient delivery experience.

      5. Scheduled Delivery Coordination: Reasonable efforts will be made to accommodate User-preferred delivery schedules, potentially including options for evening or weekend deliveries, subject to logistical feasibility.

      6. Augmented Client Support: Enhanced customer service channels shall be available to address pertinent inquiries or concerns arising during the delivery process.
          

3. Advanced White Glove Service:

   1. Advanced White Glove Service represents a premium delivery solution designed for the handling of high-value or delicate items requiring meticulous attention. This service encompasses the features of Standard White Glove Service and may further include, but is not limited to, the following:

   2. Customized Handling Protocols: Implementation of tailored handling and packaging procedures to meet the specific requirements of individual items and User needs.

   3. Professional Handling Expertise: Execution of loading, transportation, and unloading by trained personnel employing techniques designed to minimize the potential for damage.

   4. In-Premises Setup and Installation: Delivery personnel shall undertake the setup or installation of delivered items in accordance with User specifications or manufacturer guidelines, as expressly agreed upon prior to delivery.

   5. Elevated Client Experience: Provision of services such as comprehensive unpacking, thorough removal of all packaging materials, and personalized customer service interactions aimed at ensuring User satisfaction.

   6. Technological Optimization: Utilization of real-time tracking systems and route optimization technologies to enhance delivery precision and efficiency.

   7. Risk Mitigation: Implementation of careful handling and packaging protocols intended to reduce the incidence of returns or exchanges due to product damage during transit.
       

4. Disclaimer:

   1. The specific features and scope of Standard and Advanced White Glove Services may vary depending on factors including, but not limited to, the nature of the goods, delivery location, and prevailing logistical constraints. The Company reserves the right to modify the features of these services at its discretion.
       

5. Governing Terms:

   1. The provision of Delivery to Room of Choice and White Glove Services is subject to the overarching Terms and Conditions of our service agreement. In the event of any conflict between these specific terms and the general Terms and Conditions, the general Terms and Conditions shall prevail unless explicitly stated otherwise herein.

   2. By availing yourself of these enhanced delivery services, you acknowledge your understanding and acceptance of these terms and conditions. For any specific inquiries or clarifications regarding these services, please consult our "Contact Us" page or reach out to our designated customer service representatives.

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Billing and Payment Terms

Last Updated: May 15,, 2025

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Payment of Invoices

1. Invoices for Services rendered shall be issued on a monthly basis. Unless otherwise specified herein, all Fees, excluding usage-based charges, shall be due and payable in advance on the first (1st) day of each applicable billing period. Fees may encompass monthly recurring service charges ("Service Fees") and non-recurring charges, including but not limited to activation fees, porting fees, early termination fees ("ETF"), and other charges as detailed in the Section titled "Taxes and Fees" (collectively, "Fees"). All usage-based charges, including but not limited to charges for international calls, shall be due and payable in arrears on the first (1st) day of the billing period immediately following the month in which such usage was incurred.
    

2. The Customer hereby agrees to remit payment for all equipment upon the processing of the equipment order and for all applicable set-up fees upon the earlier of the Customer's acceptance of the Sales Order or the placement of an order by a Superuser. The Customer further agrees to remit payment for the first (1st) month of Services upon the Activation Date of the Services. The failure to remit payment in full for all undisputed amounts may, at the sole discretion of NITE CF, result in the suspension of the Customer's account, for which NITE CF shall bear no liability whatsoever under any circumstances. In instances where the Customer's utilization of the Services incurs usage-based charges, NITE CF reserves the right, as applicable and at its sole discretion, to initiate charges against the Customer's designated payment method prior to the Customer's regular monthly billing cycle date.
    

3. The Customer covenants and agrees to pay NITE CF all undisputed recurring monthly service charges, Taxes and Fees, Shipping and Handling charges, set-up charges, and usage charges, if applicable, arising from the Customer's utilization of the Services. Furthermore, the Customer shall be liable for and shall pay all recurring and non-recurring costs, charges, and expenses incurred by NITE CF for the Customer's benefit in connection with the installation, delivery, or implementation of the Services (collectively, the "Special Install Costs"), as delineated in the applicable Sales Order or Statement of Work. For the purposes of clarity and without limiting the generality of the foregoing, standard installation shall not include, and the following may constitute a portion of any Special Install Costs, core drilling, wiring extensions exceeding reasonable distances, the installation of new conduit runs, the installation of waterproof shielding, the installation of aerial circuit runs, or the removal of hazardous materials, as determined by NITE CF in its sole and absolute discretion, as well as any after-hours installation of Services ("Non-Standard Installation"). Non-Standard Installation shall be procured by the Customer as an additional Service. For the purposes of these Terms, Non-Standard Installation is defined as the installation of Services occurring Monday through Friday between the hours of 5:00 PM and 10:00 PM Mountain Standard Time (MST). Non-Standard Installation shall include appointment coordination, the provisioning of the Service, basic external wiring, call testing, and remote technical support provided by NITE CF as deemed necessary.
    

4. The Customer agrees to provide NITE CF with a valid electronic mail address, billing address, and a currently valid payment method prior to the Activation Date of the Service. The Customer shall promptly notify NITE CF in writing of any changes to the Customer's designated Company Contact or member electronic mail addresses and/or any changes to the designated payment method, including but not limited to its expiration date.
    

Credit Evaluation

1. The Customer hereby authorizes NITE CF to obtain such information as necessary to conduct an initial credit evaluation for the purpose of verifying the Customer's creditworthiness prior to granting the Customer access to the Services or the Equipment. The Customer further acknowledges and agrees that NITE CF reserves the right, during the Service Term of this Agreement, to periodically update its information regarding the Customer's credit rating without providing prior notice to or obtaining further permission from the Customer. NITE CF reserves the right, at its sole discretion and during the Service Term, to require an alternative form of secure payment authorization, such as a credit card or participation in an automatic payment program, in the event that the Customer's account becomes habitually delinquent or if the Customer seeks to purchase additional Services and, at the time of such purchase, the Customer's credit rating has materially decreased.

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Payment Terms and Consequences of Non-Payment

1. Payment Authorization for Debit/Credit Card, PayPal, and Venmo Transactions:

   1. With respect to all monetary obligations owed by the Customer to NITE CF under this Agreement, when payment is remitted via Debit/Credit Card, PayPal, or Venmo, the Customer hereby grants explicit and continuing authorization to NITE CF to automatically initiate debit or charge entries against the payment method designated by the Customer. Such debits or charges shall occur on the same calendar day of each month corresponding to the commencement date of the services or as otherwise agreed upon. The Customer further acknowledges and consents to NITE CF receiving updated account information, including but not limited to new card numbers and expiration dates, from the financial institution or payment service provider issuing the Customer's designated payment method. The Customer understands and agrees that their designated payment method may also be subject to charges for applicable fees and costs arising from any cancellation of Services or the return of NITE CF equipment or products as stipulated herein or in any applicable service-specific terms. For the avoidance of doubt, NITE CF does not currently accept payments via Automated Clearing House (ACH) transactions.
       

2. Alternative Payment Methods (Subject to NITE CF Approval):

   1. Under specific circumstances, and excluding the use of prepaid cards, NITE CF may, at its sole discretion, agree to accept alternative payment methods from the Customer. In the event that an alternative payment method is approved by NITE CF, the Customer shall be obligated to adhere to NITE CF's reasonable requirements and any associated fees established for such pre-approved alternative payment methods. By utilizing an approved alternative payment method involving a check, the Customer hereby authorizes NITE CF to elect one of the following options:
       

   2. To utilize the information provided on the check to initiate a one-time electronic funds transfer from the Customer's designated bank account upon receipt of the payment instrument.
       

   3. To process the submitted check as a conventional check transaction, in which case the Customer acknowledges that the physical check may not be returned by the Customer's financial institution.
       

   4. In the event that a check tendered by the Customer for payment is returned by the Customer's financial institution due to non-sufficient funds or any other reason, NITE CF reserves the right to suspend or terminate the Customer's account in accordance with the provisions set forth in Section 3 ("Suspension of Services for Non-Payment"). The Customer shall be liable for a reconnection fee, as detailed in Section 3, to reinstate any Services suspended due to a returned check. Late payments and returned checks shall be subject to applicable late payment fees and returned check fees, respectively, as established by NITE CF and communicated to the Customer.
       

3. Suspension of Services for Non-Payment:

   1. In the event that the Customer fails to remit the full amount of any undisputed charges owed under a Service Contract by the designated due date, NITE CF shall have the right, at its sole discretion and without prejudice to any other remedies available at law or in equity, to suspend the provision of the Services for which payment has not been received. Such suspension shall remain in effect until the outstanding balance is paid in full. Following any such suspension and upon receipt of full payment of the overdue amount, NITE CF will evaluate the restoration of Services, contingent upon verification that all aspects of the Customer's network, systems, and environment remain compliant with the terms of the Service Contract and NITE CF's prevailing security protocols, update requirements, and best practices. As a condition precedent to the restoration of Services following a suspension for non-payment, the Customer agrees to remit a "Reactivation Fee" to NITE CF. The Reactivation Fee shall be the greater of Four Hundred Fifty United States Dollars ($450.00) or the actual costs reasonably incurred by NITE CF in effecting such restoration. The right of NITE CF to suspend Services pursuant to this Section is cumulative and shall not preclude NITE CF from exercising any right to terminate the Service Contract or pursuing any other available legal or equitable remedy. NITE CF shall not be held liable for any business interruption, loss of data, or any other claims, damages, or costs of any nature arising from or related to a suspension of Services due to the Customer's non-payment of undisputed fees.
       

   2. The failure of NITE CF to exercise its right to restrict, suspend, or terminate the Services for the Customer's non-payment of any undisputed charges shall not be construed as a waiver or create an estoppel preventing NITE CF from subsequently restricting, suspending, or terminating Services for the non-payment of current or future undisputed charges. NITE CF reserves the right to apply any payments subsequently made by the Customer towards any outstanding past-due undisputed amounts owed by the Customer. Furthermore, the Customer shall be responsible for and shall reimburse NITE CF for all reasonable attorneys' fees and other costs incurred by NITE CF in connection with its efforts to collect any delinquent payments or address the Customer's undisputed breach of this Agreement due to non-payment.

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Payment Terms; Price Confirmation and Billing Discrepancies

1. Payment Terms and Billing:

   1. Unless expressly stipulated otherwise, the full Purchase Price for Products shall be billed to the User at the time of Product shipment. Nite CF shall initiate a charge to the User's designated Payment Method upon the dispatch of the ordered Product(s).
       

   2. At the time of order placement, Nite CF will undertake a pre-authorization of the User's Payment Method for the aggregate amount of the purchase, inclusive of all applicable taxes and shipping fees. Upon the shipment of the User's order, Nite CF will proceed with the capture of funds from the designated Payment Method.
       

2. Accepted Payment Methods:

   1. Nite CF accepts payments via MasterCard, Visa, American Express, Discover, PayPal, and Venmo. Nite CF explicitly does not accept payment in the form of cash, Cash on Delivery (COD), purchase orders, or personal checks. Nite CF reserves the sole and unfettered right to modify its accepted payment methods and payment terms at any time without prior notification.
       

3. Payment Procedures for Backorders and Pre-orders:

   1. For Products placed on backorder or pre-order status, a pre-authorization hold will be placed on the User's designated Payment Method at the time the order is submitted. In the event that the initial pre-authorization hold expires prior to the Product becoming available for shipment, a subsequent re-authorization of the Payment Method will be initiated before shipment. Payment capture will occur when the User's order is prepared for shipment. Should the re-authorization of the Payment Method fail, the User's order shall be subject to cancellation, and the User will be duly notified via electronic mail regarding the payment method re-authorization failure, thereby affording the User the opportunity to resolve any issues with their financial institution and subsequently re-submit their order.
       

4. Price Confirmation and Rectification of Billing Errors:

   1. For orders originating from the Website, the confirmation of the Product's price is an integral component of Nite CF's order processing procedures. In the unlikely event of a discrepancy wherein the price displayed on the Nite CF Website or in direct sales materials is erroneous, the following provisions shall govern:
       

   2. Price Lower Than Stated: If the correct Purchase Price of a Product is lower than the price stated by Nite CF, Nite CF shall charge the lower price and proceed with the shipment of the Product to the User.
       

   3. Price Higher Than Stated: If the correct Purchase Price of a Product exceeds the price stated by Nite CF, Nite CF shall, at its sole discretion, either contact the User for further instructions prior to shipment or cancel the User's order and provide notification of such cancellation.

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Billing and Payment Terms

1. Invoice Disputes

   1. In the event the Customer has a reasonable basis to dispute any portion of an invoice, the Customer shall remit payment for the undisputed amount and shall provide NITE CF with written notice of the disputed amount. Such written notice must be received by NITE CF at the address provided by the NITE CF Owner on or before the invoice due date. The notice shall detail the specific nature of the dispute, identify the particular Services and invoice(s) in question, and include all relevant supporting documentation.
       

   2. For amounts already remitted in full and subsequently disputed, the Customer shall submit a formal written notice of such dispute via electronic mail to [Insert Relevant Email Address] within sixty (60) calendar days from the date of the applicable invoice (the "Dispute Due Date"). Failure to submit a dispute notice by the Dispute Due Date shall constitute an irrevocable waiver by the Customer of any right to contest the subject charges, except as otherwise mandated by applicable law that cannot be contractually waived.
       

   3. Upon receipt of a timely and compliant dispute notice, NITE CF shall undertake a good faith investigation of the asserted dispute, provided that the Customer has not waived its right to dispute pursuant to this Section. Following the conclusion of its investigation, NITE CF shall notify the Customer in writing of the determined correct charge amount, which shall become immediately due and payable by the Customer. NITE CF reserves the right to accrue and charge interest on such adjusted amount from the original due date at the legally permissible rate.
       

2. Additional Charges

   1. The Customer acknowledges and agrees that the utilization of the Service may result in the incurrence of additional charges. By way of example and not limitation, such additional charges may arise from the Customer's access to specific online services or the purchase of or subscription to supplementary offerings facilitated through the Service. The Customer expressly agrees that it shall bear sole responsibility for all such additional charges, including any and all applicable taxes, and covenants to remit timely payment for all such charges.
       

3. Taxes and Fees

   1. Unless explicitly stated otherwise, all prices for Services quoted by NITE CF are exclusive of any applicable sales, local, or other similar taxes. Where legally obligated, such taxes will be itemized on the Customer's invoice and added to the total amount payable. The Customer shall be solely responsible for the payment of all such taxes.
       

   2. Prices for Services do not include, and the Customer shall be solely liable for, all Taxes and Fees. The Customer further acknowledges that Marketing Partners or Authorized Distributors may separately impose and collect taxes for non-NITE CF equipment, products, and services sold or licensed by them in conjunction with the Customer's order for NITE CF Services. A recovery fee may also be applied, which may encompass the recovery of costs associated with legal, intellectual property, cybersecurity, compliance, and other related expenses, including those pertaining to number portability, customer privacy protection, and anti-fraud measures. The Customer acknowledges that this recovery fee is not a tax or charge mandated or assessed by any governmental authority and may be recovered by NITE CF through a surcharge on the Service cost.
       

   3. The Customer shall have the right to present NITE CF with a valid exemption certificate, where applicable, to eliminate the Customer's and NITE CF's obligation to pay certain Taxes and Fees. In the event any amounts paid for the Services are subsequently refunded by NITE CF, a Marketing Partner, or an Authorized Distributor, the recovery of applicable taxes may not be guaranteed.
       

   4. The foregoing provisions regarding Taxes and Fees shall not apply to In-App Purchases. For In-App Purchases, the terms of service established by the relevant app store from which the Customer downloaded the mobile application shall exclusively govern the imposition and payment of any applicable taxes and fees, and such terms are hereby incorporated into these Terms by reference.
       

4. Regulatory and Legal Changes

   1. NITE CF reserves the right to discontinue, limit, or modify any aspect of the Service, or to impose additional requirements for the provision thereof, to the extent reasonably necessary to comply with any Applicable Laws. Should changes in Applicable Laws materially and adversely affect the delivery of the Service (including its economic viability) or impose further compliance obligations on NITE CF, NITE CF shall provide written notice to the Customer detailing the impact of such changes on the Customer's obligations and the specifics of the regulatory modifications. Upon the Customer's request, the Parties shall engage in good faith negotiations to effectuate appropriate amendments to this Agreement.
       

   2. If the Parties fail to reach a mutually agreeable resolution within thirty (30) calendar days following NITE CF's notice requesting renegotiation, NITE CF shall have the prospective right, after the expiration of the aforementioned thirty (30) day period, to pass on to the Customer any demonstrable increased costs directly resulting from such changes in Applicable Laws. NITE CF shall provide the Customer with written notice of any such increased costs or charges. Upon receipt of such notice, the Customer shall have sixty (60) calendar days to provide written notice to NITE CF of its intent to terminate the affected Service without incurring liability for any early termination fee or charge. Failure by the Customer to provide such termination notice within the sixty (60) day period shall constitute a waiver of the Customer's termination right under this provision, and the Customer shall thereafter be obligated to accept and pay for the Service until the expiration or termination of the applicable Service Term.

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Return and Refund Policy

Last Updated: May 15, 2025
 

Thank you for your patronage of NITE CF. This Return and Refund Policy (hereinafter referred to as the "Policy") governs the terms and conditions applicable to the return and refund of equipment and products purchased from NITE CF (hereinafter referred to as the "Company"). By making a purchase, you (hereinafter referred to as the "Customer") acknowledge and agree to the provisions outlined herein.
 

1. No General Right of Return; Finality of Sales

   1. Except as expressly provided in this Policy concerning defective goods subject to a manufacturer's warranty, all sales of Services, Equipment, and/or Products by the Company are final. The Customer acknowledges and agrees that, absent a defect covered by a manufacturer's warranty, purchased Equipment and Products shall not be eligible for return to the Company.
       

2. Return Materials Authorization (RMA) for Defective Products

   1. In the event of a material defect in Equipment or Products arising within the applicable manufacturer's warranty period, the Customer may be eligible for a return to the manufacturer, subject to strict adherence to the terms and conditions set forth in this Section and the Company's Return Materials Authorization ("RMA") policy.
       

   2. Prior to initiating any return, the Customer shall be obligated to contact the Company to:
       

   3. Confirm the designated return location for the affected Equipment or Product.
       

   4. Facilitate the Company's assessment of the alleged defect for potential warranty claim processing on the Customer's behalf.
       

   5. Obtain a unique Return Materials Authorization ("RMA") number.
       

   6. Upon receipt of an RMA number, the Customer shall, at their sole expense, ship the defective Equipment or Product to the address specified by the Company, strictly adhering to all RMA procedures, within ten (10) calendar days from the date of RMA number issuance. This obligation includes the prepayment of all associated shipping costs.
       

   7. Upon the Company's receipt of the returned Equipment or Product, the matter will be referred to the original equipment manufacturer, if applicable, who will manage the return and any potential remediation in accordance with their prevailing warranty policy. The Company makes no independent warranties regarding the Equipment or Products beyond any transferable manufacturer's warranties.
       

3. Sales Orders for Services

   1. All Services provided by the Company will be formally documented in a Sales Order. The Sales Order shall delineate, as applicable:
       

   2. The specific Client-Only Service Purchase Plan/Subscription details.
       

   3. A comprehensive description of the Services, including the equipment, products, price, delivery terms, installation location(s), and any other pertinent information.
       

   4. Identification of any NITE CF Equipment being provided to the Customer.
       

   5. Relevant delivery and installation specifications.
       

   6. Each Sales Order, by reference, incorporates these Terms and Conditions and, upon due execution by both the Company and the Customer, shall constitute a legally binding contract between the parties. Commencing on the designated Service Date for each Customer Location, the Company shall provide the Services and invoice the Customer in accordance with the terms and conditions stipulated in the respective Sales Order and this Agreement. The Customer shall be obligated to pay for and receive the Services as outlined therein.
       

   7. Any amendment or modification to a Sales Order shall only be valid if made in a written instrument duly executed by authorized representatives of both the Customer and the Company.
       

   8. Customers retain the right to augment the quantity of Services at existing Customer Locations at any time during the Initial Service Term or any subsequent Renewal Service Term ("Additional Services") by entering into a mutually agreed-upon addendum or change order specifying the requested Additional Services. Such addenda or change orders shall be subject to the Company's acceptance (which may be evidenced by the provision of the Additional Services) and, upon acceptance, shall be deemed an integral amendment to this Agreement, governed by the terms hereof. Service Fees will be adjusted to reflect the Additional Services, applying the same pricing and payment terms as established in the relevant Sales Order. The establishment of Services at new Customer Locations shall necessitate the execution of new, separate Sales Orders.
       

4. Limited Conditions for Potential Returns (Notwithstanding No General Return Policy)

   1. Notwithstanding the Company's general "No Return, No Refund Policy," the Company may, at its sole and absolute discretion, consider a return of Goods under the following strictly limited conditions:
       

   2. The Goods were purchased within the preceding fourteen (14) calendar days from the date of the return request.
       

   3. The Goods are presented in their complete and original, unopened packaging, with all seals intact and all original components, accessories, and documentation included.
       

5. Exclusions to Potential Returns

   1. Notwithstanding Section 4, the following categories of Goods shall, under no circumstances, be eligible for return:
       

   2. Goods that have been manufactured or supplied to the Customer's specific instructions or are clearly personalized.
       

   3. Goods that, by their inherent nature, are unsuitable for return, including but not limited to goods that deteriorate rapidly or have exceeded their stated expiration date.
       

   4. Goods that are not suitable for return due to reasons of health protection or hygiene and were unsealed by the Customer after delivery.
       

   5. Goods that, subsequent to delivery, have been inseparably mixed with other items.
       

6. Reservation of Rights Regarding Returns

   1. The Company explicitly reserves the right to refuse any return of merchandise, and/or to refuse service to any customers or clients, that do not strictly adhere to the conditions outlined in this Policy, at the Company's sole and absolute discretion.
       

7. Sales Items

   1. Only regularly priced Goods may be considered for a discretionary return under the limited conditions outlined in Section 4. Goods sold at a discounted or sale price are explicitly excluded from any potential return or refund, except where such exclusion is prohibited by mandatory applicable law.
       

8. Governing Law

   1. This Return and Refund Policy shall be governed by and construed in accordance with the laws of the State of [Insert Relevant State/Jurisdiction], without regard to its conflict of law provisions.
       

   2. By completing a purchase with NITE CF, the Customer hereby acknowledges that they have carefully read, fully understood, and irrevocably agree to be bound by the terms and conditions of this Return and Refund Policy.

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Return of Goods

1. Responsibility for Return Shipment:

   1. The User shall bear all costs and assume all risks associated with the return shipment of any Goods to the Company. The User is obligated to effectuate the return by clearly marking the original packaging with "Return to Sender." In the event the original packaging is no longer suitable or available, the User shall be solely responsible for procuring appropriate alternative packaging for the secure transit of the Goods back to the Company.
       

2. Risk of Loss or Damage During Return:

   1. The Company shall not be held liable for any Goods that are damaged, lost, or stolen during the return shipment process initiated by the User. To mitigate such risks, the Company strongly recommends that the User utilize an insured and trackable mail service for all return shipments. The Company reserves the right to withhold any refund or exchange until actual receipt of the returned Goods has been confirmed or verifiable proof of received return delivery is provided by the User.
       

3. Returns of Gifted Goods:

   1. Goods Marked as Gifts: If the Goods were designated as a gift at the time of purchase and shipped directly to the recipient (the User), upon the valid return of the Goods in accordance with these Terms, the User shall receive a gift credit equivalent to the value of the returned Goods. Said gift credit shall be issued in the form of a gift certificate mailed to the User upon the Company's receipt and processing of the returned equipment and product.
       

   2. Goods Not Marked as Gifts: If the Goods were not marked as a gift at the time of purchase, or if the original purchaser arranged for the shipment to be delivered to their own address for subsequent gifting to the User, any refund or other applicable remedy shall be issued solely to the original purchaser.
       

4. Promotions and Coupons:

   1. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices, rules, or other terms and conditions located on specific pages within the Company's Properties. Furthermore, participation in or utilization of certain services, promotions, discounts, or coupons that may be offered from time to time with respect to the Properties ("Offers") may require the User to agree to additional or different terms and conditions ("Additional Terms").
       

   2. Certain Offers may also be subject to supplementary requirements or limitations imposed by the Company or participating third parties, such as the vendors or other merchants that issued, sponsored, or are associated with the Offer, or the exclusion of specific merchandise from an Offer, all of which shall constitute part of the Additional Terms. Certain merchandise, shipping methods, costs, or membership programs, and/or delivery timelines may be modified or rendered unavailable in connection with an Offer. The User's redemption of an Offer or utilization of the relevant pages of the Properties constitutes the User's unconditional acceptance of the applicable Additional Terms.
       

   3. In the event of an explicit conflict between these Terms of Use and any Additional Terms, the Additional Terms shall prevail with respect to the conflicting provisions, and the non-conflicting provisions within these Terms of Use shall remain in full force and effect. For the avoidance of doubt, the absence of a specific term in either these Terms of Use or any Additional Terms shall not be construed as a conflict.

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If an Offer does not include any Additional Terms, then these Terms of Use shall govern its application. Unless otherwise prohibited by applicable law, any Offer provided under these Terms of Use is subject to the following conditions:

• (a) The Offer is valid solely at the specific property identified within the Offer and not at any other location.

• (b) The Offer applies only to in-stock merchandise and excludes gift cards or services.

• (c) The Offer has no cash value and is not redeemable for cash or cash equivalents.

• (d) The Offer is limited to one redemption per person, household, or address.

• (e) The Offer must be entered at the designated point of checkout or within the User's account to be valid for redemption.

• (f) The Offer may not be combined with any other coupons or offers unless explicitly stated otherwise.

• (g) The Offer is valid for single use only.

• (h) The Offer shall expire on the later of one year from the date of issuance or the date mandated by applicable law, unless earlier terminated by the Company as permitted herein.

• (i) The Offer may not be reproduced, modified, sold, traded, or used to offset any tax liability, including sales tax, shipping, handling fees, or any value-added service charges.
   

Furthermore, certain Offers may be issued in the form of a voucher. If a User purchases a voucher with a promotional value exceeding the amount paid by the User, the voucher may be redeemed for the promotional value until the stated expiration date, or for the amount originally paid by the User after the expiration of the applicable promotional period, as legally permissible.

The Company reserves the unequivocal right to limit, modify, or cancel any Offer or any associated order, without prior notification, even after the User has attempted to redeem the Offer or placed the corresponding order.

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