"Account" means a 10-digit (Mobile Identification Number), corresponding to mobile/cellular phone number provided by the consumer to purchase and use the ILD Service.
"Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom)
"Agent" means NetworkIP, LLC and its affiliates, distributors or retailers authorized to market and/or distribute the Service.
"Service" means the International Long Distance (ILD) Service provided by Elite Telecom, which provides the Consumer with international calling capability.
"Consumer", "You" and "Your" means the end-user of the Service also the owner of the Account.
"Website" is the website found at https://www.myhelloearth.com or such other location as designated by Agent and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the specific Service.
You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by calling toll free at (800) 310-7560. This Agreement incorporates by reference the Service's prices, charges, restrictions and the terms and conditions for using the Service and/or owning an Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.
Charges and Payment
Account Payments & Balance
You must have a sufficient balance on Your Account at the time You wish to use the Service. Acceptable forms of payment may include credit card, debit card, and any other form of payment Elite Telecom or its Agent may authorize in the future. We do not waive Our right to collect the full amount due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your use of the Service. All requests to open an Account or to fund such Account are subject to acceptance by Us or Agent.
Opening an Account and Transferring Funds
An Account can be opened at authorized retail locations distributing Agent's mobile Service and on this Website. You may refill Your Account balance at any time either through any participating retailer with cash, credit card or through a credit card web transaction. The mobile phone number You provide upon opening Your Account will be automatically recognized by Elite Telecom's system. You are responsible for preventing the unauthorized use of Your Account and the Service, and You are responsible for any reduction in value of Your Account arising out of either authorized or unauthorized use.
Price, Feature and Rate Changes
We may change the prices or features associated with the Service from time to time, and such changes will be effective from the time they are posted or available through the Website. The terms and conditions of the Service, including the rates for calls made and/or available destinations in conjunction with the use of the Service are subject to change at any time without prior notice. All calls for the PAYGo ILD Service are billed in one minute increments. The PAYGo ILD Service expires 12 months after last use or recharge. There are no additional fees or surcharges associated with the Services. The Unlimited ILD Service is provided solely for live dialogue between, and initiated by, two individuals for personal use and not for commercial use or resale. UNLIMITED DOES NOT MEAN UNREASONABLE USE. In addition, certain destinations may be limited to an advertised maximum number of minutes. To minimize unreasonable use, each Unlimited Account will be allowed to call up to 10 unique destination numbers per Unlimited cycle which expire 30 days after initial funding or last renewal. The number of personal use calls to these unique destination numbers is not limited and automatically resets when the Account is renewed. You may contact Agent's Customer Care at (800) 310-7560 if you have any question about the Service, including the international long distance rates or available destinations associated with the Service.
Suspending/Canceling the Service
You agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with Our ability to provide the Service to You or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids Your obligation to pay for the Service; or (4) is not for consumer use. You agree not to resell the Service (whether for profit or otherwise) or to use the Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Our business, reputation, employees, facilities, third parties or to the public generally. If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored after You fund Your Account, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. The Unlimited ILD Service may not be used for any other purposes, including, but not limited to, loaning or renting Your handset to third parties, conference calling, monitoring services, data transmissions, transmission of broadcasts, transmission of recorded material, interconnection to other networks, telemarketing, autodialed calls, other commercial uses, or other connections that do not consist of uninterrupted live dialogue between two individuals. If usage, dialing or calling patterns We deem connote non-personal use, We reserve the right to suspend, terminate or restrict Your Services with no prior notice and not allow You to reactivate the Service. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, You hereby agree to pay any and all outstanding charges for the Service and to reimburse Us for any reasonable cost We incur in securing said payment, including, but not limited to, attorneys' fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment You may use, and/or may refuse to provide the Service to You, if any of Your previous payments for the Service have failed to result in Elite Telecom's or Agent's receipt of the entire amount payable to Us in connection with such payment. Elite Telecom may from time to time discontinue offering the Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Agreement or the Conditions of Use. Elite Telecom or its Agents will not be responsible for any costs incurred by the Consumer, including cell phone provider charges, in the event the Consumer incorrectly uses the Service or uses the Service for any unlawful purpose.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Agent trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively "Marks") are the property of Elite Telecom or its Agent and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.
You agree that Elite Telecom or its authorized Agents shall not be responsible for any third party claims against Elite Telecom, Agent and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Agent for all costs and expenses related to the defense of any such claims, including attorneys' fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom's or its authorized Agents responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Elite Telecom's liability in such jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the Service is provided by Elite Telecom "AS IS", and (b) we make no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any Elite Telecom product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Agents, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.
Credit Allowances for Interruptions
If an interruption or failure of the Service is caused solely by Us and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in this Agreement.
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Acts Beyond Our Control
Neither You or Elite Telecom or its Agents will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond, as applicable, Yours or Our reasonable control.
We can assign all or part of Our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
Any notice from Elite Telecom to You under this Agreement will be provided by one or more of the following: on Our Website, a recorded announcement on a Product, letter, or a call to a telephone number provided by You. You may contact Us either by phone or by mail to:
119 W. Tyler St, Suite 100
Longview, TX 75601
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
Your payment and personal information is always safe. Our policies, procedures and technical systems that store, process and/or transmit cardholder data (credit card number, name, and address) has satisfactorily met the requirements of the Payment Card Industry Data Security Standards as set forth by the Payment Card Industry Security Standards Council and endorsed by the major payment brands.
We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site, however we will not sell your personally identifiable information to anyone.
This Agreement will be governed by the laws of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.
Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. Elite Telecom may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website.
Last updated: 10 November 2015