By accessing this website we assume you accept these terms and conditions. Do not continue to use Oberon NextGen if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Oberon NextGen, you agreed to use cookies in agreement with the Oberon NextGen’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Oberon NextGen and/or its licensors own the intellectual property rights for all material on Oberon NextGen. All intellectual property rights are reserved. You may access this from Oberon NextGen for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from Oberon NextGen
• Sell, rent or sub-license material from Oberon NextGen
• Reproduce, duplicate or copy material from Oberon NextGen
• Redistribute content from Oberon NextGen

This Agreement shall begin on the date hereof. Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Oberon NextGen does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Oberon NextGen,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Oberon NextGen shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Oberon NextGen reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Oberon NextGen a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• dot.com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Oberon NextGen; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Oberon NextGen. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Oberon NextGen’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

• limit or exclude our or your liability for death or personal injury;
• limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Solution Term and Termination 

Term

Except as otherwise terminated under the Agreement, the Agreement shall commence on the signature date and shall remain in full force for a period of five (5) years (“Term”).

This Agreement shall automatically renew for successive two (2) year periods, unless either Party has delivered written notice of its intent to terminate this Agreement not less than one hundred and eighty  (180) days prior to the expiration of the Term.

Termination

A subscription and/or service termination notice must be submitted using the cancellation form available here or from a subscriber’s ClientPoint site or the Oberon NextGen support website. The completed and signed form must be emailed to help@oberonnextgen.com with the word “cancellation” in the subject line.

Termination without notice

In addition to the termination provisions set forth in this Agreement, either Party shall have the right to terminate this Agreement at any time, without prior written notice, if any of the following events occurs:

• if the other party commits a material breach of the terms of this Agreement and fails to remedy such breach within sixty (60) days after delivery of notice thereof;
• if either Party becomes insolvent, goes into liquidation (either compulsory or voluntary) or if a receiver is appointed over any of its assets or if an administrator is appointed or if the Party makes an assignment for the benefit of its creditors generally or threatens to do or suffer any of these things of if any similar event occurs in relation to the Party under the law of any foreign jurisdiction, to the full extent permitted by applicable laws;
• by Oberon NextGen, if any substantial change takes place in the ownership or control of Dealer to a direct competitor of Oberon NextGen; or
• by Oberon NextGen, if the Dealer fails to pay two (2) consecutive monthly invoices after thirty (30) days’ notice of such failure.

Consequences of termination

Upon termination of the Agreement pursuant or upon expiration of the Term the Dealer:

• shall return to Oberon NextGen all promotional material, goods or documentation previously provided by Oberon NextGen for the performance of the Agreement;
• shall avoid any conduct that might lead third parties to confusion in order to the ownership of the Software or to the right to license the Software;
• if termination is by Oberon NextGen, Customer shall repay to Oberon NextGen all outstanding invoices plus the value given for all discounts, rebates and free services from the date of this Agreement through the termination date; and will be responsible for any damages with respect to termination of any Customer agreements and the failure to provide  support of the Software for the duration of any Customer’s term.

Cancellation(s)

a. Monthly Subscription Cancellation
When you cancel a monthly subscription, all future charges for upcoming months will be stopped. You may inform us of your intent to cancel at any time, but your cancellation will take effect at the end of the current monthly billing period if notice is provided at least 60 days before the end of the agreement. Please note, no refunds will be issued, but your subscription access and accompanying benefits will remain active for the rest of the current billing period. If cancellation notice falls outside of the 60-day period, payments will continue to accommodate the required notice period.
b. Annual Subscription Cancellation
For annual subscriptions, all future charges for subsequent years will be cancelled upon notice of your intent to cancel. You may notify us at any time, but the cancellation will only become effective at the end of the current annual billing period if notice is received 60 days before the end of the agreement. Refunds, whether prorated or otherwise, will not be provided. However, you will continue to receive access and benefits for the remainder of the annual term. If the 60-day notice period is not met, payments will continue to accommodate the required time frame.

Cancellation Within Initial Period

Notwithstanding any other provisions in this Agreement, Oberon NextGen reserves the right to terminate an Agreement without cause within ten business (10) days following the signature date. In the event of such termination:

• No penalty shall be assessed against Oberon NextGen.
• Any prepaid fees or services shall be fully refunded to the Client.
• Written notice of cancellation must be provided via email to the Client’s registered contact.
• Termination shall be effective immediately upon sending such notice.

This clause supplements the existing termination provisions and does not replace them.

Tolerance; Assignment; Transfers

No failure or delay by any Party in exercising any right, power or privilege hereunder shall operate as an implicit waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof, or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.  Dealer may not  assign this Agreement without Oberon’s prior written consent..  This Agreement benefits and will be binding upon Oberon NextGen, Dealer and their respective successors, heirs and assigns.  Oberon NextGen has the right to transfer the service or agreement to trained and certified third parties without impacting price or SLA requirements.

Force Majeure

If the performance of this Agreement by either Party, or of any obligation under this Agreement is prevented, restricted or interfered with by reason of war, revolution, civil commotion, riot, fire, flood, disaster, acts of public enemies, pandemic, epidemic, blockade or embargo, strikes, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this Section, which is beyond the reasonable control of the party affected, such Party shall, upon giving prior written notice to the other Party, be excused from such performance to the extent of such prevention, restriction, or interference, provided that the party so affected shall use its best efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. Notwithstanding the foregoing, if such act or condition beyond reasonable control continues for a period of sixty (60)  days or more, the unaffected party may, on notice to the Party affected, terminate this Agreement, and neither party shall have any further obligation to the other save for any nonpayment of Fees and for those provisions hereunder which, by their terms, survive the termination of this Agreement.

Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without having regard to its conflict of law provisions.

The Parties shall make every effort to resolve any dispute arising out of, or in connection to, this Agreement. To this end, the Parties shall consult and negotiate in good faith in order to reach a just and fair solution, satisfactory to both Parties. In the event that the Parties do not come to an amicable arrangement in relation to the dispute within thirty (30) business days from the start of such negotiations, the same shall be free to act.

With respect to all disputes arising out of or related to this Agreement, contractual, pre-contractual and extra-contractual nature, the federal and state courts of Collier County, Florida shall have exclusive jurisdiction.

NextGen DCA Billing

Effective October 1, 2024, Oberon NextGen will bill NextGen DCA customers based on the number of managed devices that report meters during a calendar month. The only exception to this is newly discovered devices: after a device is discovered, dealers have 7 days to mark it as “non-managed” (disabled). If the device is still set as “managed”/enabled after 7 days, it will be billed during that calendar month.