The use of this site is governed by the terms and conditions set forth below. Please read all of these terms and conditions carefully as the use of this site and ordering of products through this site indicate your acceptance of all of these terms. If you do not agree with these terms please discontinue your use of our site. upnextwireless.com reserves the right to modify, alter, or update all or any part of these site terms at any time. Please review these terms prior to each use of this site to verify that conditions and terms have not changed since your last visit to our site. 

upnextwireless.com offers you products and services in a secure manner. In order to provide you with the full benefits of our site, we require certain personal information. We collect e-mail addresses, names, address, etc on an opt-in basis.

We track use on our site by logging Internet protocol (IP) addresses and browser types, but we do not link IP addresses to personally identifiable information. We also use these IP addresses for administration of the site. You can browse our site without entering any personal information and, therefore, remain anonymous during your visit to upnextwireless.com

While many sections of this site may be browsed through without any personal information, access to some products and services requires registration in order to complete any transactions you want to make. We do use "cookies" to let us know that you are a returning customer or that you found us through a particular site or advertisement. Using cookies, we can provide customized content that will be interesting and useful, as well as make navigation of our site easier for the user. Our site also uses cookies to keep track of items located in your shopping cart. If you are uncomfortable with cookie technology you may change the preferences on your browser accordingly.

When you buy a product, you are asked to provide us with contact information that may include: name, address, a shipping address (must be same as credit card billing address), credit card number, credit card expiration date, in some situation we may ask for a photo id w/identification number (such as your driver license number). We use this information to process and fulfill your order and to protect you from false purchases made in your name.

In all instances in which you provide your personal information to us it is in a manner that is direct and clearly identifiable. Information that is collected in the process of taking and fulfilling an order is used solely for that purpose. In order to fulfill your order, we may give only that information that is necessary to fulfill the order to a third party so they may use it for activation or fulfillment purposes. upnextwireless.com is the sole owner of the information collected on this site. We do not sell your personal information to anyone, at any time, for any purpose. We will not sell, share, or rent this information in ways different from what is disclosed in this statement.

upnextwireless.com uses your information to follow-up on your order and to send you updated information on our company, new products, services, and promotions. Your service provider and manufacturer may also send you similar information. You may opt-out of receiving such information from upnextwireless.com by contacting our customer service department via e-mail info@upnextwirelesscom.

If you would like to place an order, but do not wish to provide the necessary information to us online, you can provide us with the information over the phone by calling a customer service representative at 808-591-0025. They will gladly complete your order manually.

At any time you may correct/change any information that we may have on file. Please submit your changes via e-mail to info@upnextwireless.com or call us at 808-591-0025. You may also contact us in writing at:

UPNEXTWIRELESS.COM
CUSTOMER SERVICE
1027-B Pensacola Street
Honolulu, HI 96814

The Company’s employees or agents are not authorized to make any representations concerning the Equipment unless confirmed in writing by the Company, in entering into any contract in respect of the Equipment. The Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representation which is not so confirmed.

ACCURACY AND TYPOGRAPHICAL ERRORS

upnextwireless.com aspires to publish accurate selling prices for the products we offer. However, on occasion we do make mistakes. In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information received from our suppliers, upnextwireless.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, upnextwireless.com shall immediately issue a credit to your credit card account in the amount of the charge.

ORDER ACCEPTANCE POLICY

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. upnextwireless.com reserves the right at any time after receipt of your order to accept or decline your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders must obtain pre-approval with an acceptable method of payment.

SHIPPING

At the present time, we only ship to the Continental U.S. Orders placed by 1:00pm Pacific generally ship same day Monday-Friday. All orders are processed upon receipt. Actual shipping time is contingent upon availability of merchandise and credit verification. Most orders are shipped within 2 business days of receiving your order, Local delivery in Hawaii usually same day. No orders are processed or shipped on Saturdays or Sundays. In the event of delays every effort will be made to contact you by phone email or mail. If the delay is due to backorder, you will receive notice and be given the choice to remain on backorder substitute to another item or cancel your order.

SALES TAX

upnextwireless.com only collects local sales tax on orders shipped within HI State. For areas outside of HI State please check with your local tax authorities regarding any local sales tax liabilities.

MODEL & PRICE CHANGES

Manufacturers are constantly updating their product lines and eliminating some models. Should you learn of a new model on the market which is not listed in our catalog please call us for information. In addition manufacturers are continuously changing their cost prices. When prices are lowered we will pass the savings on to you. If a price goes up we may be obliged to increase our price. We will contact you in the event of a price change to secure your instructions.

CREDIT CARDS

We accept all major credit cards, including Visa®, MasterCard®, and American Express®. Please be sure to provide the exact billing address and telephone number that your credit card issuer has on file for you. Incorrect information may cause a delay in processing your order. In the event of any payments by credit card the Company shall be entitled to levy a 3% surcharge for all credit card transactions.

INTEREST: Purchaser agrees to pay interest in the amount of 1.5% per month on any payment past due, pursuant to the terms set forth in each invoice unit collected.

COLLECTION EXPENSE: Purchaser shall pay to Upnext Inc. all cost and expenses incurred by Upnext Inc. in exercising any of the rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereunder including, without limitation, reasonable attorney’s fees and the fees any collection agency and court cost.

GOVERNING LAW AND FORUM: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of Hawaii, United States of America without regard to conflicts of laws. Any and all disputes hereunder shall be decided exclusively by litigation in the state or federal courts located in Honolulu, HI.

CREDIT: Purchaser hereby authorizes Supplier (Upnext Inc) to perform an initial credit check and evaluation on Purchaser and such additional credit checks and evaluation as Supplier deems appropriate from time to time in its sole discretion. Purchaser also agrees to provide Supplier with such information as Supplier may reasonably request from time to time in connection with any credit check and evaluation of Purchaser. Purchaser shall pay Supplier a fee of $50 for such credit check and evaluation and shall reimburse Supplier for all out-of-pocket expenses that Supplier incurs in obtaining credit reports of Purchaser. Upon completion of its credit evaluation, Supplier, in its sole discretion will assign Purchaser a maximum credit line and shall have the right to increase, decrease of terminate Purchaser’s credit privileges at any time without any prior notice to Purchaser and with or without cause. Supplier may, from time to time and in its sole discretion, disclose credit information relative to the Purchaser to third parties.

MONEY ORDERS, CASHIER'S CHECKS AND COMPANY CHECKS

We accept money orders, cashier's checks and company checks in U.S. dollars only (no Canadian Money Orders excepted). Orders are processed upon receipt of a money order or cashier's check. We cannot guarantee the availability of a product by the time funds clear or payment is received. We reserve the right to charge a fee of $25 on all returned checks and the amount must be paid in full immediately, cash or certified funds only.

THESE TERMS AND CONDITIONS MAY CHANGE

upnextwireless.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the upnextwireless.com Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.

RETURN POLICY.

All sales are final. It is the responsibility of the customer to check the phones and accessories when they are received and to be sure that everything is in working order. There shall be no refund or exchange except as set forth below. All merchandise send for repair must be in original factory condition including all packaging materials inserts and manuals, warranty cards (not filled-out) and all accessories. Please do not tape or write anything on the item or the package! We will charge you for replacement of damaged altered missing written-on or taped-on contents or cartons. We reserve the right to refuse any such returns.

Dead-on-arrival merchandise is exchangeable provided that the unit has less than thirty minutes and is within a period of fourteen days from the date of the original invoice. The item must be in original factory condition including all packaging materials inserts and manuals, warranty cards (not filled-out) and all accessories

Over 14 to 60 days. All defective phones returned after 14 days but less than 60 days from original invoice will be for repair only not exchange or credit. All fees charged to Upnext Inc. by the manufacturer for repair of the phone will be the responsibility of the customer. The customer must pay for the cost upon receipt of phone. Upnext Inc. is not responsible for any cost incurred. Upnext Inc. shall have no liability in the event the manufacturer can not or does not properly repair the phone. Any problem that not covered by warranty as stated by manufacture is not covered by Upnext Inc. policy. Customer agrees that Upnext Inc. makes no warranty with respect to any equipment. The manufacturer’s, passed through Upnext Inc. to customer hereunder, shall be implied of any other warranty express or implied, including without limitation any implied warranty of merchantability of fitness for any particular purpose.

Phones over 60 days from the date of invoice are not supported under the Upnext Inc. return policy at all. Decisions on repair of phone are made by the manufacturer. Upnext Inc. does not guarantee repair. The time frame on processing returns varies by manufacturer. Upnext Inc. cannot guarantee receipt of repaired merchandise, nor do they have any control over how long it takes. Upnext Inc. may at its discretion repair the phones, but not without a minimum service charge of $25.00 and any other fee that is incurred during this process. Any defect arising from usage, breakage, or wear and tear on the phone is not covered. All costs are the customer’s responsibility, including shipping. No exceptions. No cash refunds will be given.

Upnext Inc. can provide the customer with a list of manufacturers and their contact information. (Word, excel, html, PDF)

In no event does the warranty cover physical damage, water damage, sand, or any defect not caused by design or manufacturer of the phone to any of the merchandise purchased from Upnext Inc. Any defect arising from usage, breakage, or wear and tear on the phone is not covered. Such damage is not supported by Upnext Inc. at all.

Before sending items for repair CUSTOMER must requests a return merchandise authorization number (RMA#), that must be made through the returns department. You (CUSTOMER) must provide your company name, contact name, telephone and fax number, quantity, model (please specify color), part number, order number, problem description and a copy of the original invoice.

The RMA numbers are valid for 10 business days from return authorization given. Any merchandise received after 10 days will be refused, and Upnext Inc. shall have no responsibility for any phone not issued an RMA number. The RMA number is issued pending inspection, and is not binding. Exchange may be refused if the phone, the box, and all accessories are not in like-new condition or if packaging is missing. The RMA number only authorizes return of the item. It does not guarantee credit, exchange or repair.

Upnext Inc’s total liability arising out of or related to the goods of the sale of any goods hereunder shall be limited to the purchase price of such goods paid by the customer to Upnext Inc.. Without limiting the foregoing, in no event shall Upnext Inc. be liable, whether for breach of contract, warranty and negligence, strict liability in tort or otherwise, for punitive, incidental, indirect or consequential damage for loss profit, lost sale, injury to person or property or any other incidental or consequential loss. Customers agrees to indemnity and hold Upnext Inc. harmless from any and all third party claims, demands or causes of action, related to arising from the goods or the sale of goods to customer, and to reimburse Upnext Inc. for all costs ad expenses (including reasonable attorney’s fees) that Upnext Inc. incurs in connection with such claims, demand or causes of action. Upnext Inc. shall have no duty to defend indemnity or hold harmless Customer from and against any claim, demand or cause of action, including any damages, cost of expenses incurred by Customer in connection therewith, arising from or relating to the actual or alleged violation or infringement of any patent, trademark, or copyright or other intellectual property belonging to a third party by the goods.

The goods covered by this agreement are purchased by Buyer “As Is” and with all faults. Seller does not warrant that the goods are of merchantable quality or that the goods are fit to be used for any particular purpose desired by Buyer.

In all events, shipping and handling charges for returned goods must be paid by the customer; regardless of whether the phone is ultimately repaired or not. All manuals, cords, accessories, etc. originally shipped with the product must be returned in the original OEM box. In addition, there should be no writing, stickers or other markups of any kind on the merchandise or packaging. An RMA number must accompany all returns and must be clearly visible on the outside of all shipping cartons, or it may be refused and the customer, as well as the party who gives the phone (s) to Upnext Inc., agrees to indemnify and hold harmless Upnext Inc. for any claims regarding such phones. In no event shall Upnext Inc. be responsible for phones not sold by Upnext Inc. to the customer.