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The following are the Terms and Conditions for purchases of products and services from H.I.S. Hawaii. In order to place an order to our company, you must read and agree to the terms and
conditions below.
It is your responsibility to read and understand the terms and conditions completely and thoroughly, so please do not hesitate to contact H.I.S. Hawaii if you have any questions.
H.I.S. Hawaii ("HIS") and you (the "Customer") hereby agree to the following terms and conditions("Terms and Conditions") with respect to the products and services offered by HIS to
the Customer of the wireless communication device and peripheral equipment (the "Equipment"), including, but not limited to, wireless devices, SIM cards, data cards, USB modems,
mobile hotspots, user guides, chargers, adapters, and related or additional services (the "Services") which are described herein or included in any agreement between the Customer and HIS for
products and/or services ("Agreement").
1. Return of Equipment
Customer shall return the Equipment to HIS at the end of the rental period in good working order and in the same condition as when it was delivered to the Customer. Equipment returned with
any components or pieces missing will be deemed missing and the Customer will be charged in an amount equal to the damage charge of the Equipment in accordance with Article 2 below unless
the Customer has purchased Insurance coverage, in which case the Customer will be charged in accordance with Article 2 below.
Late fees begin to accrue on the first (1st) business day after the rental period ends.
2. Charges
The Customer will pay daily charges from Equipment pick-up date to the date Equipment is returned to and accepted (in writing) by HIS. The rental charges apply to full days only (not fractional
days).HIS is entitled to bill the Customer, on a delayed basis, at any time after the Equipment has been returned for any and all charges for which the Customer shall be responsible pursuant
hereto, whether or not HIS is aware of such charges at the time of the return of the Equipment.
All charges and other amounts billed pursuant to this Agreement are payable by the Customer at the end of the rental period, or if not computed at the end of the rental period, then upon demand
given by HIS to the Customer.
The rental charge is charged to Customer’s credit card upon placement of customer order. Any other amounts due to HIS under this Agreement are payable at the end of the rental period.
HIS shall be entitled to charge interest at the rate of 5% per month (or part month) on any overdue amounts. However, in no event will any late payment fees exceed the highest lawful rate.
The following are the prices charged for HIS's Equipment and Services. All prices are in U.S. Dollars.
If the Customer is having any difficulty with using the Services while at the destination, the Customer must notify HIS or 24 hour support center within the rental period in order to qualify for any
possible refund or discount to a charge.
Any refund or discount to a charge is provided solely at HIS's discretion.
The Customer must notify HIS in writing of any final disputes regarding charges within thirty (30) days of the receipt of the invoice, or final payment notification, containing the disputed charge,
otherwise the right to dispute the Charge will be waived.
HIS reserves the right at all times to charge for excessive data usage and or to restrict the bandwidth of any data connection in the event that in its sole discretion the usage is high. Furthermore
HIS may also disconnect a user either temporarily or permanently for excessive use, and in addition HIS may charge the Customer for any such excessive usage. Examples of excessive usage
may include prolonged video streaming, multiple users connecting to a wireless router and downloading large files over an extended period, and where HIS has incurred additional charges or
been subject to a warning about exceeding a fairusage policy from the network.
The Customer is responsible for rental charges, usage charges, all applicable taxes, cancellation fees, late payment fees, charges for damaged Equipment, charges for insurance coverage
(if selected), and other charges and fees through the end of the rental period or until the Equipment is returned to HIS as provided herein, whichever is later, whether or not the Customer personally
uses the Equipment. Cancellation after the Equipment is received by the Customer is prohibited.
The Customer shall pay all charges invoiced by HIS at the end of the rental period or, in the case that rental period exceeds 30 days, immediately upon generation of a monthly invoice from HIS.
Invoices that remain unpaid after the date of the invoice are delinquent, and the Services are subject to immediate suspension or termination. HIS shall be entitled to charge interest at the rate of
5% per month on delinquent accounts. In no event will any late payment fees exceed he highest lawful rate.
Cancellation Fees
●Cancellation fees apply from the time of reservation
●Cancellation until 3 days before pick up date: 10% of total amount
●Cancellation within 2 days before pick up date and beyond: Non Refundable
3. Payment and Forms of Payment
By providing HIS with a credit card, the Customer represents that he or she is authorized to make charges on such account.
4. Use of the Equipment
The Customer shall use the Equipment in a careful and proper manner and in accordance with the instructions of the user guide and in no other manner.
The Customer agrees that he or she will not:
(i) use the rented Equipment within the United States or any country not listed in the original order for purposes other than the setup and configuration. In the event the Customer uses
the Equipment within the United States or any other country not listed on the order form, HIS will charge $0.01/KB for data used. HIS reserves the right as stated in Article 2 to charge
the customer’s credit card on a delayed basis;
(ii) effect any repairs or modifications to the Equipment, or attempt to reverse engineer the Equipment;
(iii) remove or interfere with any certification markers affixed to the Equipment;
(iv) deface or add to the Equipment;
(v) sublet or allow the use of the Equipment by any third party;
H.I.S. Hawaii ? Rental Agreement
(vi) attempt to dispose of the Equipment, or encumber or grant any interest in the Equipment to any third party.
If the option for insurance has been waived, in the event of any loss, damage, theft of the Equipment during rental period, regardless of circumstances, the Customer shall pay to HIS on demand,
an amount equivalent to the value of the Equipment in accordance with the damage charges in Article 2. In the event the Equipment is stolen or lost, the Customer is liable for all charges on such
Equipment until it is deactivated by the cellular carrier. During the rental period of the Equipment, the Customer should contact HIS with any trouble or customer support issues in order to provide
HIS with the opportunity to resolve any difficulties. HIS does not guarantee the use of voice over IP (VoIP) applications such as Skype, Google Voice, etc.
5. Loss or Damaged Equipment
In the event that the Equipment has been lost, damaged, stolen, or disappeared, the Customer should notify HIS (1-808-922-2211).
6. Repair or Damaged Equipment
If the Equipment is not in working order when received by the Customer or subsequently malfunctions then the Customer shall notify HIS immediately.
HIS will repair or replace the Equipment as soon as possible after HIS has been notified of the problem by the Customer, and provided that the Customer is not in breach of this Agreement, HIS will
provide the Customer with the same or similar equipment (which shall constitute the Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of
the rental period unexpired when the malfunction occurred. If HIS finds that the Equipment reported as faulty is in working order, then the Customer shall pay the cost of collection and delivery of
the replaced Equipment in addition to any handling charges occurred.
7. Theft, Loss, and Damage Protection
If the Customer has requested and paid for insurance, then the Customer will not be liable to pay for the full damage charge of the Equipment as otherwise required in the Article 2.
This Section will only apply if (a) the Customer has requested and paid for Insurance, and (b) the Equipment is not returned to HIS in accordance with the provisions of these Terms and
Conditions due to theft, accidental loss, or inoperable due to accidental damage.
In order to exercise this coverage under insurance, the Customer shall immediately notify HIS upon the theft or accidental loss or damage to the Equipment.
This initial notice should be via phone?(1-808-922-2211), and also must be followed by written notice (hnl.outbound@his-world.com) within forty-eight (48) hours. The written notice shal
(a) describe in detail the facts surrounding the theft, loss or damage, including the date of same, and (b) identify the name of the HIS representative contacted immediately upon loss,
as well as the date and time of such contact. Upon request, the Customer must provide the evidence of theft by submitting a copy of a written police report to HIS.
8. Ownership
The Equipment will at all times remain the property of HIS. The Customer has no rights other than temporary use. During the rental period, no service or part replacements are authorized without
the written approval of HIS.
9. Termination
The use of the Equipment and all Services may be terminated or deactivated without notice by HIS upon any of the following events: (a) HIS has any reason to believe that the Equipment was
obtained by any misrepresentation or fraudulent means;(b) HIS has any reason to believe that any meter on the Equipment has been tampered with; (c) HIS has any reason to believe that
the Equipment is or may be used for any illegal or improper purpose, or in violation of applicable laws; (d) HIS detects a breach of any of these Terms and Conditions including the payment
terms; or (e) HIS detects unusually high usage, or possible theft or fraud. HIS may also, at its discretion and in addition to other remedies available hereunder at law or in equity, take immediate
possession of the Equipment without being obliged to repay any portion of the rental charges. HIS may also terminate these Terms and Conditions without any liability whatsoever in the event
that services are provided herein or available at law or in equity, but shall be cumulative with other remedies. Should the Customer (a) obtain the Equipment by any misrepresentation or
fraudulent means, or (b) tamper with the Equipment, or (c) use the Equipment for any illegal or improper purpose, or in violation of applicable laws, or (d) otherwise commit a breach of these
Terms and Conditions, then HIS may, at its discretion and in addition to other remedies available hereunder at law or in equity, (i) terminate this Agreement, (ii) immediately terminate all Services
to the Customer, and (iii) take immediate possession of the Equipment without being obliged to repay any portion of the rental charges. HIS may also terminate this Agreement without any liability
whatsoever to the Customer in the event that service is not available to HIS by a systems operator. No remedy of HIS shall be exclusive of any other remedy whether provided herein or
available at law or in equity, but shall be cumulative with other remedies.
10. Applicable Law
Both HIS and Customer intend for this Agreement to be governed by and interpreted according to the internal laws of the State of Hawaii, without regard to the principles of conflicts of law.
11. Liability, In-Country Service, & Representations
Fair Usage Policy (FUP):In some countries, a Fair Usage Policy may be in place in accordance with the business practices of the local internet service provider. If an FUP is in place, it may limit
the transfer of a specific amount of data over a period of time. Internet service providers commonly apply a cap on the amount of wireless data when an individual user has exceeded a certain
amount of data within a specified time period, which can result in a slowdown of the connection speed. The Customer acknowledges that an FUP may be in place and accepts this possibility, and
the Customer will not hold HIS liable for any FUP, slowdown, or related issues which could affect the performance of the Equipment or the Customer's usage experience.
HIS warrants that the Equipment will be in working order when it is delivered to the Customer, but HIS cannot be responsible for the performance of the Equipment or the operation of
the networks to which the Equipment is connected. The Customer acknowledges that the Services may be temporarily interrupted (including dropped calls or weak signals), delayed, or
otherwise limited due to a variety of causes, including, but not limited to, transmission limitations orinterruptions, atmospheric conditions, system capacity limitations, network coverage,
cell tower location, wireless signal strength, network system, or equipment failure. The Customer's particular geographic location within a country, building, or structure, as well as a variety of other
related causes, may also affect the Equipment performance. The Customer is also responsible for checking the local operator’s or carrier's network coverage map (if any) to affirm that network
coverage is available in the Customer's desired geographic location. HIS makes no other warranties, guarantees or representations, either express or implied, regarding any matter, including, but not
limited to the merchantability, accuracy, reliability, condition or fitness for a particular purpose of the Equipment or the Services furnished under this Agreement. HIS does not represent that the
Customer’s use of the Products or Services will be secure, timely, uninterrupted or error free or that the Services will meet the Customer’s requirements or that all errors in the Services will be
corrected or that the system that makes the Services available will be free of viruses or other harmful components.
Subject to these Terms and Conditions, the Customer shall be solely responsible for and shall indemnify and hold harmless HIS against all claims, demands and liability arising as a result of the
lease, possession, use, condition, operation or misuse of the Equipment by the Customer or third parties, or of the Services provided hereunder, whether in breach of these Terms and Conditions or
otherwise arising howsoever. This indemnity provision shall survive the termination of this Agreement.
HIS will in no event be liable for nor shall the Customer make any claim against HIS for any liability, claim, loss, injury, damage or expense of any kind (including lost profits) whether direct, indirect,
incidental or consequential caused by the Equipment or the failure of the Equipment to operate correctly or at all, or for any delay, faultiness such as degradation of the Services, or failure of the
Services. The Customer shall be liable to HIS for all expenses, including reasonable attorneys' fees, collection fees and court costs incurred in connection with any collection, repossession or
other action brought to enforce HIS rights under this Agreement.
HIS reserves the right to deactivate the Equipment at any time and without notice to the Customer, in the event that HIS detectsunusually high usage or possible fraud in accordance with general
operating practices and procedures in the cellular industry, and HIS shall have no liability whatsoever to the Customer for such deactivation.
12. General
The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of these Terms and Conditions contained herein.
No waiver by HIS of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by HIS or
its authorized agent. This Agreement constitutes the entire agreement between HIS and the Customer with regard to the subject matter hereof, and there are no other representations, conditions,
warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment or the Services, other than as set forth herein.
HIS is not liable for any lack of privacy or security which may be experienced with regard to the Services.
The Customer authorizes HIS's monitoring and recording of calls or data concerning the Customer's account or the Services and consents to HIS's use of automatic dialing equipment to contact
the Customer. HIS has the right to intercept and disclose transmissions in order to protect its rights or property.
These Terms and Conditions may be amended or modified by HIS in its discretion at any time by notifying the Customer of such changes either by a note on the website presented immediately
after completion of the log in by the Customer, or by email to the Customer, or by any other reasonable means.
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