Terms and Conditions

NXTFOX SOFTWARE

1. Whereby NXTFOX shall grant to the User, a non-exclusive License to use the System and undertakes to maintain the System in accordance with the license below.
2. NXTFOX retains all ownership, copyright and intellectual rights of the System which is licensed for use of the User. Without limiting the rights under copyright, no part of this
application, program or document may be reproduced, stored in or introduced into a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording, or otherwise), or for any purpose, without the express written permission of NXTFOX. The computer software at all times remains sole and absolute property of NXTFOX.
3. The software is never sold and is only available for use under license, for which a Monthly Support Fee as set out above is payable. The System may be used by any amount of people and may be freely moved from one location to another as long as there is no possibility of it being used in more than one location at the same time.
4. The User may not sub-license, transfer the license, code or make copies of the software, unless it is for backup or the Users own purpose.
5. NXTFOX warrants that, provided the software is used both on approved computer hardware and is conjunction with the operating System for which is designed, the software will perform substantially in accordance with its published specifications.
6. The User undertakes the responsibility to have backup power and surge arrestors in place to prevent data corruptions.
7. The License agreement is valid from the Sign-on date and remains in force until the System is no longer used by the User.
8. The User undertakes to abide by the System license conditions as printed in the User guide and displayed on software installation.
9. The User undertakes to obtain written permission from NXTFOX before the System is moved from the physical address indicated in COMPANY DETAILS of this agreement or if there is any change in the use of the System.
10. The User agrees and understands that in the event that the Monthly Support Fee is in arrears, that the license to use the System is withdrawn and that NXTFOX may terminate the operation of the System and remove all data on the User’s hardware. In this case, all monies paid are forfeited and the User or his clients on the database shall have no claim or recourse against NXTFOX.
11. NXTFOX undertakes to give the User 30 days’ notice of any change in the Monthly Support Fee and undertakes that the percentage increase does not exceed the annual Consumer Price Index.
12. Besides the Monthly Support Fee, NXTFOX reserves the right to change the configuration, product structure, cost or any other components on all services rendered from time to time and will give 14 days’ notice of such changes.
13. Every notice or other communication required or permitted hereunder shall be sufficiently given or transmitted if and when it is sent by means of electronic transmission (electronic mail message) or displayed on NXTFOX’S web site for the said period.
14. Although every care has been taken to ensure that this System will perform as intended, no warranties of any kind are made about the contents of this System or its fitness for any particular purpose. Neither NXTFOX nor the author/s of this System shall be liable for any errors found within, or be liable for any direct, indirect or consequential damages or loss of profits in connection with the use of the System.
15. The User relieves NXTFOX and its supplier of any and all responsibility of any loss of data, whether consequential or otherwise, by any cause whatsoever and the effects of that work carried out by NXTFOX, its suppliers, employees or agents, whether they be direct or not. The User acknowledges that a regular backup of the Systems data is performed by the User and is readily available in case of any such data loss for restoral.
16. In the event of any breach of NXTFOX or it suppliers warranty (whether by reason of defective materials, production faults or otherwise and any such defect the User shall provide notice to NXTFOX of each such defect within 10 days in writing after the discovery of such defect) NXTFOX or its supplier’s liability shall be limited to: replacement or repair of the products in question; or repayment of the Monthly Support Fee (where this has been paid) to the maximum of one month.
17. Subject to the standard terms and conditions, NXTFOX undertakes to maintain the software in good working order.
18. Maintenance of the System shall comprise of examination, testing and adjustment to the software arising out of the normal use within the specifications of the software.
19. The License agreement excludes the following:
a. Computer hardware support not specified in the System.
b. Printer set-up and/or installation.
c. Upgrading of systems be it hardware, operating system software or any application software.
d. Form layouts change and specialised software changes; for which all are charged at the ruling rate over an above this agreement.
20. Anything beyond NXTFOX‘S control, such as a fault in the computer system of the User, whether supplied by NXTFOX or not, will not put any obligation on NXTFOX to rectify such fault and in the event that NXTFOX is willing to rectify such fault, it will be for the account of the User.
21. NXTFOX shall service and maintain the System during normal office hours 09:00 to 16:30 Mon-Fri, excluding public holidays at the ruling hourly rate, and at a fifty percent surcharge if outside these hours unless otherwise agreed upon. The User undertakes to make an exclusive data line available for the telephonic on-line maintenance and support.
NXTFOX undertakes:
a. An unlimited and reasonable amount of telephone support at no cost, if the call is originated by the User.
b. To respond to a service call within a reasonable period of time.
c. To make available data line for transmission.
d. To advise the User of System enhancements.
e. To make available upgrades to the System at no charge to the User.
f. To make reasonable changes to the System as required by regulations and to make these charges available to the User at no additional charge.
22. The User agreed and understand that the Monthly Support Fee is not refundable.
23. Travel charges will be ex-Johannesburg, Gauteng, South Africa and any support or maintenance outside these conditions shall be charge at the ruling hourly support rate.
24. The User or NXTFOX may terminate this License agreement and relinquish all rights to use this System by giving 60 days written notice to the other party by registered post.
25. The User hereby confirms that the above-mentioned chosen address shall be the Users domicilium citandi et executandi.
26. The User consents to the jurisdiction of the Magistrate’s Court for the area in which NXTFOX is situated in respect of all proceedings arising out of this agreement, not withstanding the amount claimed or the nature of the claim, provided, however, that NXTFOX may at its option institute action in the Supreme Court. In the event of legal proceedings being instituted against the User by NXTFOX as a consequence of the User’s default the User shall be liable to pay tracing agents charges (if any), collection commission and costs on the scale as between attorney and client.
27. This agreement form should contain the entire agreement between the parties and the User acknowledge that no representations have been made or warranties given by or on the behalf of NXTFOX other than those contained in this agreement. No modifications or cancellations hereof shall be binding unless in writing and signed by the User and NXTFOX hereto.

NXTFOX NETWORK

NXTFOX is the sole and beneficial owner of the infrastructure, Systems, expertise and know-how of the network and possesses the sole, exclusive and unfettered right to grant such usage, franchise and/or licensing right within the scope and ambit of this agreement.
And whereas: The user is desirous of utilising the facilities of NXTFOX for the purpose of monitoring systems installed and owned by the user.
And whereas: NXTFOX is willing to grant the user such utilisation rights the parties hereto hereby agree as follows:
1. NXTFOX hereby grants to the user, who hereby accepts the consideration as set out in this agreement hereunder, the right to utilize the monitoring facilities described.
2. The user shall not, under any circumstances, in any manner whatsoever, transfer, sell alienate or dispose of the said right granted by NXTFOX in terms of this agreement.
3. The user shall not, under any circumstances, in any manner whatsoever, utilize and/or install equipment compatible or not, other than that supplied by NXTFOX on the frequency under contract.
4. The user agrees that no guard clock progression monitoring will be done under any circumstances, in the utilization of the frequency. (Whereas Guard clock progression refers to monitoring every event that the guard initiates.)
5. The Customer Prefix supplied by NXTFOX for the sole use of the user. In consideration for the rights so granted in terms of this agreement.
6. Where any network equipment such as repeater, base, antenna, cable and mast attachments is supplied by NXTFOX, it remains the property of NXTFOX and will never become the property of the user.
7. If the network equipment is lost or not returned to NXTFOX upon the discontinued use of the System or at termination of this agreement, the User acknowledges the replacement cost thereof at the current market value and is immediately payable upon presentation of invoice.
8. NXTFOX does not guarantee any technical and commercial success to be attained by the user in terms of this agreement.
9. The User undertakes the responsibility to have backup power and surge arrestors in place to prevent damage to the network equipment.
10. The user hereby warrants that NXTFOX will be held free from claims or damages of any nature and arising from any source including any accidental and/or negligence on the part of NXTFOX, its suppliers, employees or agents.
11. If the user sells his/her business the purchaser must be notified of the agreement before sale negotiation. The failure of the purchaser to sign a new agreement before ownership commences, will be viewed as a breach of the terms and conditions of this agreement.
12. The user shall not sub-contract the equipment and frequency to any other party or parties. NXTFOX will in accordance with this agreement, be granted full access to the equipment at any time.
13. This agreement is valid from the Sign-on date and remains in force until the System is no longer used by the user. To terminate this agreement, NXTFOX and the user agree to give two calendar months notice in writing.
14. In the event of any of the parties committing any breach of the terms and conditions of this agreement and failing to remedy such breach within 20 (twenty) working days after having received written notice thereof by the prejudiced party, the prejudiced party may terminate the Agreement forthwith.
15. The failure by any of the parties hereto to claim damages or to terminate this agreement by reason of the breach of any of the terms and conditions of their agreement shall not be construed as a waiver of their respective rights.
16. This agreement correctly reflects the intention of the parties and constitutes the entire agreement between the parties. No variations, additions or any waivers of any of the parties of the rights shall be in force and effect unless reduced to writing and signed by the parties hereto. Any notices or communications required in terms of this agreement shall be valid and effective only if supplied timeously and in writing.
17. NXTFOX cannot be held liable for any delayed or lost signals for any reason whatsoever, as we make use of third party’s (cellular and/or internet networks).

GSM NETWORK AND APN USAGE TERMS AND CONDITIONS

1. INTRODUCTION
NXTFOX utilises a combination of South African and international mobile telecommunication network providers and utilise their GSM network infrastructure to provide a communication service to Customers. A private APN server in a secure self sustaining server farm is utilised for secure communication between the transceivers, base stations, VHF data routers and soft base station connections.
2. EQUIPMENT
2.1 All equipment remains the property of NXTFOX Manufacturing Pty Ltd until paid in full.
2.2 RF routers remain the property of NXTFOX Manufacturing Pty Ltd unless purchased and paid in full for private frequency networks.
3. NETWORK FEES
3.1 Monthly Network usage Fees will be paid by debit order set out in the DEBIT ORDER AUTHORITY.
3.2 Fees set out in the INITIAL COST AUTHORITY, must be paid at the start of every month, on a month-to-month basis until deactivation is requested as per clause 5 of this document.
3.3 SIM activation fees will be charged on purchase of the communicator. Network fees will be commenced during the following Month in which units are invoiced.
3.4 Your debit order bank statement reference will be NXTFOX.
3.5 In the event that the payment falls on a Sunday, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day.
3.6 Should debit orders be returned, the Customer will be liable for any and all bank charges consequent thereto.
3.7 In the event of non-payment of any amount due and payable by the user to NXTFOX for a period in excess of 30 (thirty) days after due date, NXTFOX shall be entitled to suspend services for nonpayment of network fees.
3.8 Interest is payable on all arrear payments, calculated from the due date of payment at a maximum interest rate permitted in terms of the Usury Act. 1968. by NXTFOX from time to time.
3.9 A reinstatement fee will be applicable should the User choose to reactivate this agreement this fee will be determined by NXTFOX at its own and sole discretion.
3.10 Monthly usage fees for GPRS base and communicators are charged at separate rates.
3.11 Monthly Usage Fees include the cost of GPRS data for the purpose of routing signals from the GPRS communicator to the server and GPRS Base Station. In the event that the unit or its SIM cards are used for other purposes, but not limited to, misuse by parties other than the Customer, the Customer is liable in full for the network data charges incurred.
3.12 The customer will be notified via email of excessive signal transmissions due to installer or customer operation error. The customer will be charged if the monthly data rates are exceeded and in extreme cases the unit will be deactivated until the system is repaired. The Customer will be informed by email before such deactivation by NXTFOX providing the correct customer details are available to NXTFOX.
3.13 Should these payment terms not be met, NXTFOX reserves the right to remotely deactivate GPRS communicator, GPRS Base Station and GPRS Repeater units. The Customer will be informed in writing or email before such deactivation by NXTFOX providing the correct customer details are available to NXTFOX.
3.14 Monthly Usage Fees will be reviewed annually. Reasonable notice of such monthly fee changes will be communicated to Customers. Cellular network service provider increases will be passed on to the Customer without notice.
3.15 GPRS Communicator Network usage fee per unit per month, and GPRS Base network usage fee per unit per month, as per initial cost authority.
3.16 Debit order Mandate: I/We acknowledge that all payment instructions issued by NXTFOX shall be treated by my/our abovementioned Bank as if the instructions have been issued by me/us personally.
3.17 Debit order Cancellation: I/We agree that although this Debit Order Authority and Mandate may be cancelled by me/us, such cancellation will not cancel the Agreement. I/We shall not be entitled to any refund of amounts which NXTFOX have withdrawn while this Authority was in force, if such amounts were legally owing to NXTFOX.
4. ACTIVATION OF SIMS
4.1 Pre-activated communicators:
All GPRS units are pre-activated when purchased and ready for immediate use. Activation fees will be charged on purchase of each unit. The monthly usage fee will be charged via debit order from the first month after the invoice of the GPRS units.
4.2 in-activated communicators:
When GPRS units are in-activated when purchased. Activation fees will be charged on purchase of each unit. The monthly usage fee will be charged via debit order from the first month after the invoice of the GPRS units. Activations may take 2 working days or longer.
5. DEACTIVATION OF SIMS
5.1 Deactivation of existing GPRS Communicators. SIM’s may be deactivated by Customer request via email or online with 20 (twenty) business days’ notice. Transceiver units become dormant once deactivated within 24 (twenty-four) hours of a successful request. The full monthly usage fees are payable for the month that the unit is deactivated.
5.2 Debit orders for monthly usage fees can only be cancelled if SIM cancellation is done within the prescribed terms in clause 5.1.
5.3 Deactivation of a SIM will render the communicator and the APP inactive. In cases where the end user wishes to continue the usage of the APP, they are to contact NXTFOX directly to reactivate the SIM for APP. The end user will be required to provide a purchase invoice for the GPRS unit and sign a monthly data use debit order to continue the APP service.
6. REACTIVATION OF DEACTIVATED SIMS
6.1 Deactivated GPRS communicator SIM’s may be re-activated by online request or email request by the Customer. Activations may take 2 working days or longer. A reactivation fee will be charged, and two new SIM cards will be required for the unit. Shipping and installation of the SIM cards are for the customer’s account. Network usage fees are payable from the month following reactivation.
7. NETWORK MISUSE
7.1 The equipment and communicators supplied by NXTFOX must be used for its intended purpose.
7.2 Training on all NXTFOX equipment is available free of charge at NXTFOX offices
7.3 Communicators may not be installed in such a way that it generates unreasonably excessive signals that exceeds monthly allocated data levels.
7.4 NXTFOX reserves the right to the remotely deactivate GPRS communicators, GPRS base Station and GPRS repeaters should they be found to be used for criminal purposes or other forms of misuse.
8. CANCELLATION OF SIMS
8.1 The cancellation of a SIMS is final and cannot be reversed. Once a SIM has been cancelled the GPRS unit can only be utilised once a new SIM is purchased and activated.
8.2 The cost of SIM deactivation or cancellation is four months Network usage fees, if immediate cancellation is requested or one month Network usage fee cancelled over 60 days.

IMPORTANT SERCIVE NOTIFICATIONS

1. GPRS EQUIPMENT
Free installation and operation training is available from NXTFOX. All installation manuals are available on request or on the website www.nxtfox.com. GPRS communicators, GPRS base and repeater units must be installed according to the manufacturer’s installation instruction and specifications by technicians that have undergone the training course. Good signal strength along with correct antenna selection for the installation is crucial for reliable communication. Visual signal indication is provided on communicators for an onsite check. A loss of network connection will be reported to the GPRS base after 2 minutes of no connection. Once reconnected the communicator will send a connection restore signal. In areas where there is a consistent loss of connection reported, it is advised to use a gain antenna for reaching more towers in the surrounding areas.
2. GPRS NETWORK AND SYSTEMS PROVIDERS
NXTFOX utilises a variety of vetted GPRS networks, APN and server services that are supplied by third party companies. Where possible customers will be notified in advance of any interruptions to these services. For the purpose of upgrading equipment systems and or software from time to time may negatively impacted on or stop the functioning of the system. These services cannot be guaranteed, and best effort services are provided by third party companies. For this reason, the communicators will send a disconnected signal 2 minutes after a network connection is lost, and a network connection restore signal will be sent when reconnected keeping the control room directly informed of a service disruption. Units purchased after January 2023 are equipped with a 2G and LTE modem that can connect to either format where it is available.
3. APN, NETWORK AND EQUIPMENT REDUNDANCY
APN server redundancy is provided at server level in the server farm. In high-risk installations it is recommended that another communication technology like RF transmitter is used in conjunction with the GPRS communicator, providing a dual technology solution.
4. EQUIPMENT INSTALLATION
GPRS equipment and communicators must be installed according to manufacturer’s specifications and installation instructions. GPRS communicators can communicate via standard trigger, serial communication or ring and tip CID connections. This provides a multitude of signals that must be correctly setup for decoding at the control room monitoring software. Nonprogrammable signal for example Power up, Battery Low/ Restore, DC Over voltage, Auto test and Network connection fail/ restore cannot be turned off, providing the control room with proactive information to react on before critical failures happen and should be attended to immediately. Installation and operation training is provided free of charge at NXFOX offices.
5. JAMMING
GSM network jamming devices can be used by criminals to block the transmission of alarm signals. For this reason, the GPRS communicators and GPRS Base stations are equipped to send a Network connection Failure signal within 2 minutes of network connection failure that must be reacted upon unless restored within a reasonable time.
6. SIM MANAGEMENT SERVICES
SIM’s can only be deactivated via email by the dedicated NXTFOX systems operator after the correct procedures have been followed. Nonpayment will result in the deactivation of communicators or base station in an automated procedure within 7 days of no payment. Cancellation of the debit order without notification will result in the deactivation of the services liked to the debit order. Communicator setting can be altered by software supplied to the customer or via a web portal. NXTFOX will not be responsible for the incorrect programming of communicator settings by a customer. Preset feature programming is available on the supply of all equipment to minimise the necessity of equipment programming. Access to programming should be strictly controlled by the customer that must ensure that only a trained permanent staff member is allowed to make changes.
7. SYSTEM AND EQUIPMENT NOTIFICATIONS
New equipment, feature and APP updates will be posted on the website as they are launched for use. Where possible, service interruptions will happen the relative time frame thereof will be posted or sent via email.

STOCK OR GOODS OVERVIEW

Our refund and returns policy last 7 days. If 7 days have passed since your purchase, we can’t offer you a full refund or exchange.

Goods incorrectly supplied or damaged will be replaced at no additional cost, if a replacement is not possible (due to quality issues or being discontinued) full refund will be given.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

Several types of goods are exempt from being returned.

Non-returnable items:

Gift cards
Downloadable software products
Shipping costs

To complete your return, we require a receipt or proof of purchase (Invoice).

Please do not send your purchase back to the manufacturer.

There are certain situations where only partial refunds are granted:

Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
Any item that is returned more than 7 days after delivery

REFUNDS

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.

If you are approved, then your refund will be processed, and a credit will automatically be applied to your original method of payment, within 30 days.

LATE OR MISSING REFUNDS

If you haven’t received a refund yet, first check your bank account again.

Then contact your credit card company, it may take some time before your refund is officially posted.

Next contact your bank. There is often some processing time before a refund is posted.

If you’ve done all of this and you still have not received your refund yet, please contact us at info@nxtfox.com.

SALE ITEMS

Only regular priced items may be refunded. Sale items cannot be refunded.

EXCHANGES

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@nxtfox.com and send your item to: 1 Salie Street, Kempton Park, Gauteng, 1619.

SHIPPING RETURNS

To return your product, you should mail your product to: 1 Salie Street, Kempton Park, Gauteng, 1619.

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.

Depending on where you live, the time it may take for your exchanged product to reach you may vary.

If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.