Terms & Conditions

AGREEMENT

These Terms and Conditions, and the related Forms and web pages they reference, constitute a legal Agreement between You, the end user, and DHI Telecom Group, LLC (“DHI”) regarding Your use of your Sapphire® Mobile Hotspot.

COMPLIANCE WITH APPLICABLE LAWS

By entering into this Agreement, You expressly confirm that You are legally entitled to enter this Agreement.

SERVICE DESCRIPTION

DHI shall make every effort to provide a high level of availability for its service via your Sapphire® Mobile Hotspot. However, DHI is unable to guarantee continuous, fault-free operation of its mobile data service or certain transmission times or capacities. DHI reserves the right to service its mobile data service at any time, which may result in temporary disruptions. No representations or guarantees are made with respect to availability, quality, operation or support for data communication on third-party networks. No guarantee may be given for absolute protection of service via your Sapphire® Mobile Hotspot against unauthorized access, breach of confidentiality or unauthorized interception by a third party. Please refer to our Privacy Policy here. DHI shall assume no liability for any such occurrence. DHI may at any time adapt or suspend its services. DHI may engage at any time a third party to fulfil any of its obligations under this contract.

CHARGES

You will be charged DHI’s standard rate for the Services unless agreed in writing with DHI. Service for your Sapphire® Mobile Hotspot operates on a pre-paid basis and You will be prompted to pay these rates in advance. Payment is accomplished here:  www.SapphireMiFi.com}.  If You have no credit balance in Your Account, You will be unable to initiate a data session. A full list of DHI’s rates for standard services is published at www.SapphireMiFi.com. These rates may be changed from time to time, entirely at DHI’s discretion, so You should check the website regularly to determine if any changes have been made or announced and that You have the credit balance necessary to continue service uninterrupted.

SUSPENSION OR TERMINATION OF SERVICES

If You need assistance regarding the service provided for your Sapphire® Mobile Hotspot, please email us at: dhitelecom.com/support. You can also contact us toll free at 1-855-362-7701

If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate service to your Sapphire® Mobile Hotspot. Under these circumstances You will have no claim against DHI.

Your account will appear to be inactive if it has not been used for eighty (80) days. You can contact DHI to reactivate the account if You need to use it again. Such reactivation will be done at the sole discretion of DHI.

REFUND POLICY

You may return unopened Sapphire® Mobile Hotspot hardware within fourteen (14) days of the date of purchase without question. You may return the unopened hardware (in original packaging with all seals unbroken) to the store where it was purchased or via mail or express delivery service to:

DHI Telecom Group

attn: Returns

9251 Park South View

Houston, Texas 77051

Your return must include:

  • Full Name
  • Mailing address
  • Date of receipt of product
  • Proof of purchase or order number

Please retain proof of return. The goods remain your responsibility until they are received by us.

We will refund the price of the item excluding shipping costs.

RETURNING FAULTY GOODS

If for any reason you change your mind about your purchase any item may be returned within 14 days of the date of purchase. Your item must remain in a saleable condition with original packaging and all seals unbroken. We will refund the price of the item excluding shipping costs after we have inspected the goods and confirmed the condition of the goods as appropriate for refund. Please supply the following details otherwise the claim will not be processed:

  • Full Name
  • Delivery address
  • Date of receipt of product
  • Order number
  • Reason for return
  • Please attach proof of purchase

Please return your device to the location you purchased it from.

Please note that all returns will be sent to our quality department for testing. Please note if returning goods, we require the original invoice. Without this information we will be unable to identify the returned package as yours and we will not be able to process the return/ refund.

Please retain proof of posting. The goods remain your responsibility until they are received by us.

RETURNING FAULTY GOODS

  • You may request a refund or replacement for defective Sapphire® Mobile Hotspot hardware.  The device must be returned within 14 days after purchase.  You may send the hardware to the store where it was purchased or via mail or express delivery service to:DHI Telecom Group

    attn: Logistics/RMA

    9251 Park South View

    Houston, Texas 77051

    Refunds will be paid, or replacement hardware issued, if the following conditions are fully satisfied:

    • All devices must be in AS NEW condition.
    • All returns must be returned complete: Device, Box, Manual, accessories, and any promotional items delivered with the Device (please ensure that all items are securely packaged).
    • All returns must include (a) Your original invoice or (b) Your order number and full name and address.
    • The IMEI on Sapphire® Mobile Hotspot and box must match.
    • A detailed reason or explanation of the defect encountered must be provided. If possible, provide specific examples and date and locations of issues encountered.
    • Accurate and complete contact information.

    Please retain proof of return. The goods remain your responsibility until they are received by us.

    All returns will be sent to our quality department for testing. DHI will test the product to identify or reproduce the claimed problem. If DHI determines the problem relates to Sapphire® Mobile Hotspot hardware and its performance, you will be given the choice of a refund or a replacement device.

    Please note that the quality and coverage of roaming networks vary by country. No representations or guarantees are made with respect to availability, quality, operation or support for data communication on third-party networks or with third-party lines while roaming.

ASSIGNMENT OF RIGHTS

You may not assign your rights under this agreement unless expressly agreed by DHI. DHI may assign its rights under this Agreement to any company that shall be able to provide the contracted for Services under this Agreement.

SAPPHIRE INTERNATIONAL MOBILE HOTSPOT is a registered trademark of DHI Elements. The SAPPHIRE INTERNATIONAL MOBILE HOTSPOT logo and SAPPHIRE INTERNATIONAL MOBILE HOTSPOT are trademarks of DHI Telecom Group

PRIVACY

Please see DHI’s Privacy at:  DHITelecom.com/privacypolicy

TRADEMARK

Sapphire® is a registered trademark of DHI. Sapphire® Mobile Hotspot and other marks indicated on our site are trademarks owned exclusively by DHI. The use of these trademarks and trade dress is prohibited if used in connection with the sale of any product that is not DHI’s, in any manner that seeks to disparage or discredit DHI or in any manner that may cause confusion among our customers.

COPYRIGHT

All content on this website is the exclusive property of DHI. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software. Our content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material.

PROTECTING YOUR ACCOUNT

Some portions of this website permit username and passwords to be used. You are responsible for protecting your unique username and password and You agree to be responsible for all activities performed under your user account.

LICENSE AND SITE ACCESS

DHI grants You a limited license to access and make personal use of this website. This license does not include the right to download any material (other than routine page caching), modify any material, or any portion thereof, without the express written consent of DHI. This license excludes the download or collection of logos, product descriptions, pricing, text, graphics, audio and video clips, and/or copying account information. This website or any portion of this website may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of DHI. You are prohibited from using meta tags or any other hidden text utilizing DHI’S name or trademarks without the express written consent of DHI. Any unauthorized use of this websites voids the limited license granted by DHI.

CONTENT SUBMITTED BY USERS

If You post content to this site or otherwise submit material (including, but not limited to, photographs and testimonials), You grant DHI and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. By your submission You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify DHI or its affiliates for all claims resulting from content You supply. DHI reserves the right to remove any content at our sole discretion.

PRICING AND QUANTITIES

The prices displayed on the website are quoted in U.S. Dollars. Certain products may have limited quantities and are subject to return or exchange only through the website or certain retail locations according to the applicable return policy.

PRICING POLICY

The strike through or listed price represents a price at which we previously offered the product, or a comparable product, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price elsewhere in the market on any particular day.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice (including after You have submitted your order).

LINKS TO OTHER WEBSITES AND SERVICES

The website may contain links to other websites that are not under the control of DHI, such as payment vendors. DHI has no responsibility for the linked websites or services nor does linking constitute an endorsement of any linked website. If You use the links, You will leave the website and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the website’s users.

LIMITATION OF LIABILITY

This site is provided by DHI on an “as is” and “as available” basis. DHI makes no warranties, either expressed or implied, as to the operation of the site or the content contained therein. You expressly agree that your use of this website is at your own risk. DHI cannot warrant that this site, our servers, or email communications affiliated with the use of this website, are free from viruses. DHI will not be responsible for any damages of any kind resulting from use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

INDEMNIFICATION

You agree to defend, indemnify and hold DHI harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the website and/or your breach of any representation, warranty, or other provision of this Agreement.

REDEMPTION OF FREE PRODUCTS AND DISCOUNT/COUPON OFFERS

From time to time, DHI may provide its clients special offers and discount codes to be used in conjunction with this website. These offers are frequently disseminated via this website and through email to those who have registered for our email database. They are sometimes posted on our home page or announced via other means of communication in conjunction with the promotion of the Sapphire® Mobile Hotspot product and services collection, including radio and TV broadcasts, internet forums and various online websites. We encourage our clients to redeem these special offers, but we respectfully ask that You not exploit them. DHI, at our sole discretion, will determine if all purchasing criteria has been met to qualify for stated discount or free product. If You successfully circumvent the software safeguards of this website in order to receive discounts or free products with your order, then we will (at our sole discretion) remove any extraneous free or discounted products from your order or cancel the order in its entirety. You will be informed of any order changes via the phone number or email address listed with your order.

COMPLAINTS

If You have any complaints about the service, You should send a message at www.DHITelecom.com/support as soon as possible.

NO WARRANTY

THE SERVICE IS PROVIDED ON AN ‘AS IS’ BASIS, AND YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. DHI DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; MERCHANTABILITY; TITLE OR NON-INFRINGEMENT; OR ANY WARRANTY ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. DHI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

We reserve the right to make changes to these terms and conditions. You should check the Sapphire® Mobile Hotspot website regularly to see if any changed have been made or announced. We will endeavor to provide 30 days advanced notice of significant changes, either by posting such notice on our website, or by contacting You directly. If You do not notify us within 30 days of a change then You will have been deemed to accept this change to this Agreement.

LIMITATIONS AND EXCLUSIONS OF WARRANTIES AND LIABILITY

  1. Exclusions of Certain Damages

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY WHATSOEVER), SHALL DHI BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, DHI’S NETWORK OR EQUIPMENT, OR THE SERVICE. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OR THEFT OF DATA; TRANSMISSION DELAYS OR FAILURES; SERVICE INTERRUPTIONS; UNAUTHORIZED ACCESS OR DAMAGE TO RECORDS, SOFTWARE PROGRAMS OR OTHER INFORMATION OR PROPERTY; LOSS OF PROFITS; COST OF COVER; OR ANY OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED. THIS LIMITATION WILL APPLY EVEN IF DHI HAS BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN FORMS OF LIABILITY, SOME OR ALL OF THE EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY. IF ANY OF SUCH EXCLUSIONS ARE NOT ALLOWED UNDER THE LAWS OF A PARTICULAR STATE OR OTHER JURISDICTION FOR ANY REASON, THEN DHI’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES WITH RESPECT TO DHI’S NETWORK, EQUIPMENT, OR SERVICES SHALL BE LIMITED TO THE AMOUNT OF MONTHLY SERVICE CHARGES PAID BY CUSTOMER TO DHI HEREUNDER FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Disclaimer of Third Party Actions and Control

DHI DOES NOT AND CANNOT CONTROL THE QUALITY OF OTHER PARTIES’ NETWORKS TO WHICH DHI MUST INTERCONNECT. THEREFORE, DHI DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES’ NETWORKS.

  1. Limitation on Remedies

THE SERVICE CHARGE CREDITS LISTED IN THIS SECTION ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR ANY FAILURE BY DHI TO COMPLY WITH ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER SUCH FAILURE RESULTS IN DOWNTIME, NETWORK CONGESTION OR OUTAGES, OR ANY OTHER SERVICE FAILURE.

ENTIRE AGREEMENT/SEVERABILITY

These Terms and Conditions and additional terms and conditions as explicitly identified on the SAPPHIRE® Mobile Hotspot website constitute the entire Agreement between You and DHI. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

FORCE MAJEURE

DHI will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, pandemic, governmental act or failure of any third-party service or network.

CHANGES IN REGULATION

You and DHI understand that regulators, or other bodies of competent legal jurisdiction may impose taxes or other regulations on the services provided by DHI to You. If such new taxes or regulations are imposed on DHI, DHI is authorized to make changes to this Agreement that reflect the new taxes or regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. DHI retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

GOVERNING LAW

This agreement is governed by the laws of Texas. Should a dispute arise between You and DHI, such dispute shall be brought in a court of competent jurisdiction in Harris County, Texas. If a change in law or court of competent jurisdiction finds that any provision or portion of this Agreement is unenforceable, the remainder of the terms included herein will continue with full force and effect.

ELECTRONIC DOCUMENTS

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

COMPANY DETAILS

DHI Telecom Group

9251 Park South View, Houston TX 77051

ADDITIONAL SERVICES, FEATURES AND TERMS

DHI may, from time to time, introduce additional services which You will need to sign up to on the web. These services will be covered by these terms and conditions, but such services may have additional terms and conditions to which You will need to agree before gaining access.

LANGUAGE

We may translate the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

FEES AND TAXES

Your goods may be subject to the customs fees and import duties of the country to which You have your order shipped. These charges are always your responsibility and are completely beyond our control.