This User Agreement (or "Agreement") is a legal agreement between our customers, affiliates, dealers and other third parties that work with Invicta Wireless. ( "Invicta Wireless " or "us") governing your participation on the Invicta Network and its partner sites which are referred to collectively as the "Invicta Network."
By using, accessing or registering as a member of Invicta Network, you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Invicta Network. We can amend this Agreement either by emailing you about the amended terms, which take effect when we send you the email, or by posting the amended terms on the Invicta Network, which take effect when we post them. By continuing to access or use the Invicta Network after any such amendment, you agree to be bound by the terms of the amended Agreement.
Use by Minors
The Invicta Network is only intended for the use by members over the age of 18, all other users must have explicit support from the parent or guardian that is legally responsible for the minor.
Registration Information
Certain features and services on the Invicta Network such as Dealer Services, Affiliate Programs and Support Modules require that you register on the site. You agree as part of the the registration that we may contact you to inform you of changes to this Agreement or describe new services available on the Invicta Network.
Safeguarding Password
You are responsible for safeguarding the password that you use to access any secure areas of the Invicta Network. You agree not to disclose your password to any third party and be responsible for any action conducted under your password. You must notify us as soon as there is a breach of your password.
Content
Invicta Network provides a number of different services to assist you in finding the best solution in support of our goal to build a better wireless world. Invicta Network provides information regarding products and services from third-parties that are part of Invicta's strategic partnership. The content from third parties are owned by the respective parties and Invicta Wireless does not warranty the content.
Order Fulfillment
Once the payment is received, we fulfill the order internally or forward the payment and your information to the merchant who will fulfill your order. Invicta Wireless is compensated through our third party partnerships approved by Invicta LLC. Questions that are related to carrier services or handsets should be directed to the carrier and not Invicta Wireless. For example issues with a Motorola Razr should be directed toward Motorola and issues related to dropped calls should be directed toward Sprint.
Carrier Integration
By purchasing from Invicta Wireless you agree to comply with all carrier rules and regulations. If for any reason you are not clear regarding the rules and regulations of the respective carrier, please either contact the carrier or Invicta Wireless for any clarification.
Third Party Promotions
Invicta Wireless is not responsible for any third party or carrier promotions. Invicta Wireless will do best to provide the most accurate information regarding promotions provided by third parties, but makes no guarantees and potential customers are expected to contact the carrier to verify all promotions for validity before signing up for service or purchasing handset.
Shipping
Invicta Wireless is proud to offer USPS, UPS and FedEx delivery service for all orders, except in cases where it is not cost effective or a certain carrier does not deliver to the address provided. Invicta Wireless works with multiple carriers to ensure that delivery can be completed in a timely and safe manner reducing costs and risk of loss.
For your security, the carrier may require a signature at time of delivery. Please select a delivery address where you can sign for your package when it arrives. If you cannot be at the delivery location during the business day, you may sign a door tag authorizing release of the package without anyone present. Please note that we are not allowed to ship to an address that is different than your billing address. If you require us to waive the signature requirement please contact your account representative letting them know in advance regarding your request.
Order Processing Time
If your order includes the activation of a phone with a service plan, then the carrier must approve your application for new service before your phone can be activated. Most phone orders are approved, activated and shipped within hours of being placed. In some cases, the carrier may delay approval due to circumstances beyond our control. If the carrier requires additional information to approve your order, we will contact you immediately via e-mail and/or phone, so when you place your order, be sure to provide an e-mail address that you check regularly. On average we aim to process orders to ensure that our processing time is at least 75% faster then the major carriers through automation and faster contact times.
Invicta Wireless stocks a high level of inventory to ensure rapid delivery, but on occasion, the warehouse may be temporarily out of stock on a device that is in high demand. In those circumstances, Invicta Wireless will expedite the order and may even upgrade the order to free overnight shipping to ensure that customer receives the order in a timely manner. Invicta Wireless utilizes multiple warehouses throughout the country to ensure proper stock level so it is a rare occasion when Invicta Wireless is out of stock.
Deposit Policy
Customers that do not qualify for prime credit rate which equates to a no deposit requirement by the carrier may be put on Smooth Pay at the full discretion of Invicta Wireless. As a Smooth Pay customer, customer will be charged an additional amount of $150 per line in addition to the price of the handset. This amount will be credited toward the first month bill of the customer and will fully waive the deposit requirement.
Please note that all customers will not qualify for Smooth Pay and the qualifications are solely based on the requirements of the carrier and Invicta Wireless. If customers are required a deposit amount and they do not qualify for deposit waiver through the Smooth Pay program, Invicta Wireless will contact customer regarding the deposit amount. The order placed bye the customer will not be completed until we receive a confirmation from customer agreeing to the deposit amount.
Payments and Billing
When placing an order with Invicta Wireless we, Invicta Wireless, assume that the customer would like their order fulfilled in a timely manner. This is why as soon as an order is submitted, the team here at Invicta Wireless starts to process your order to ensure that we can ship the order to you in the same business day.
If there is a deposit amount that can not be waived with the Smooth Pay Program then you will be contacted within 24 hours regarding your deposit amount. We will be unable to process the order unless we get validation from the customer that they agree with the deposit amount. If a confirmation is not received from the customer within 3 business days the order will be put on hold status until Invicta Wireless is able to get a hold of the customer.
Invicta Wireless reserves the right to charge a processing fee for any order which has been partially or fully processed by Invicta Wireless and cancelled by the customer. The transaction fee is set to offset costs associated with the processing of the order such as merchant processing fee, handling expenses, shipping costs and other fees associated with processing the order. The processing fee is seldom used by Invicta Wireless and is used as a deterrence against the negligent ordering by customers who fail to read simple directions before placing orders with Invicta Wireless.
Refunds are processed in a timely manner and returns are processed with 48 hours of Invicta Wireless receiving the returned handset and customer is credited the refund no later than ten business days. Invicta Wireless provides a refund back into the customer credit or debit card for orders within 60 days. For orders over 60 days the customer is issued a check for the refunded amount.
30 Day Total Happiness Cancellations
Unless stated otherwise, Invicta Wireless offers a full 30 day total happiness guarantee. To receive a full money back guarantee, customer must return the device in new condition back to Invicta Wireless within 30 days of the ordering date. The device must be returned in new condition including all accessories and the box without any wear or tear. Invicta Wireless has full discretion regarding the amount credited back to the customer for the device.
For cancellations after the 30 day total happiness period and before your contract expiration you are required to return the handset back to Invicta Wireless and if not returned within that period you may incur additional expenses equaling to the discounted rate for the handset provided to you by Invicta Wireless in exchange for fulfilling your contract requirements with the wireless carrier.
Promotional items such as car chargers, leather cases, clear snap on cases and any other "free" items must be returned as well in new condition. Any missing items will be deducted at full retail price of the item. When customer is credited back for the item the cost of the shipping to the customer is deducted as well as an unrecoverable cost for Invicta Wireless even if the shipping costs were not incurred by the customer due to any free shipping promotion. The amount deducted will be equal in amount to the cost of shipping for Invicta Wireless. Any other unrecoverable costs may be incurred to the customer as well such as processing or transaction costs at full discretion of Invicta Wireless.
This return policy is instituted for the benefit of our customers so that we can continue to offer great prices for our customers without having to subsidize the costs of returns to active customers. We pride ourselves in excellent customer support and look forward to meeting all your needs.
The above return processing costs can be waived by contacting your account rep with Invicta Wireless and working with your wireless consultant to switch wireless carrier through the Invicta Network of Carriers which includes the following carriers: Sprint, T-mobile, Verizon and AT&T. This is also the best way to make sure that you can transfer your phone number over properly.
Early Termination Fee
The carrier may charge an Early Termination Fee based on the contract stipulations as set by the carrier contract. Invicta Wireless does not have the ability to waive this for the customer and this charge is at full discretion of the carrier. In addition to the carrier Early Termination Fee, If the customer cancels service before the standard two year contract, Invicta Wireless may charge an equipment reimbursement fee if the equipment is not returned to Invicta Wireless in a timely manner.
The equipment reimbursement fee is based on the discount provided to the customer for signing up to a standard carrier contract when a customer cancels they are expected and required to return that handset back to Invicta Wireless. If the customer cancels the contract with the carrier and fails to leave the account in good standing the carrier may black list or hot line the handset, in this case the customer is required to reimburse Invicta Wireless the total cost of the handset.
Credit Check
By submitting your information on the order form you are giving permission for Invicta Wireless to run an industry standard credit check. If you do not feel safe submitting this information online you can always call our dedicated online promotions team at (800)319-4757 to provide this information over the phone or by clicking on the live agent on the site to submit over the secure chat session.
Privacy Policy
By purchasing and working with Invicta Wireless, you agree to the terms and conditions of the Privacy Policy, and you consent to Invicta Wireless privacy practices.
Copyrights
Invicta Wireless content belongs to Invicta LLC, the parent company of Invicta Wireless, all rights are reserved. Our content additionally incorporates the content of third parties that have partnered with Invicta Wireless. The content derived from third parties belong to the corresponding copyright holder and are protected by intellectual property rights.
If you believe the content of Invicta Network infringes on your copyrights, please contact us so that we may remove any content from our network. In accordance with the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) we may require you to submit a formal signed request.
Indemnity
By choosing to work with the Invicta Wireless, you agree to indemnify Invicta Wireless, its officers, agents, partners and employees from any and all claims or damage, including reasonable attorney's fees.
Liability Limits
Invicta Wireless and its suppliers shall not be liable to you for any lost profits or special, incidental or consequential damages arising in any way (including negligence) out of or in connection with Invicta Wireless and its parent, subsidiary or affiliate companies, our services or this Agreement. Invicta Wireless and our suppliers shall not be liable to you for more than $100. Certain state laws do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
Governing Law/Arbitration
This Agreement is governed by the State of Virginia as such laws apply to Agreements entered into and to be performed entirely within Virginia and without regard to conflict of laws. Any claim arising out of or relating to this Agreement or Invicta Wireless shall be settled by binding arbitration in Arlington County, Virginia in accordance with the American Arbitration Association's commercial arbitration rules. Any such claim shall be arbitrated on an individual basis, not consolidated with another party's claim. Judgment on the arbitration award may be entered into any court with jurisdiction, and the arbitrator's award shall not be appealable or reviewable except as permitted by Virginia law.
Integration
This Agreement, and all other agreements incorporated herein by reference constitute the entire agreement and supersedes any other agreements or understandings (oral or written) between you and Invicta Wireless with respect to their subject matters.
If you have any questions regarding any of the provisions above you are encouraged to contact us regarding clarification.
