Gigs End User Service Agreement
Appendix 2 - Third-Party Terms
All use of Gigs’s Services are subject to the Third-Party Terms (“Third-Party Terms”) included below which apply to all Gigs’s End Users, except as further denoted herein. Where applicable to your Services, any breach of these Third-Party Terms shall be deemed a material breach of your Agreement with Gigs, providing grounds for termination under your Agreement. Capitalized terms not defined here shall have the meanings ascribed to them in your Agreement. End Users may additionally be referred to herein as “you” or “your.”
Travel Data Services
The following Third-Party Terms for the Travel Data Services apply to Service Plans globally.
The “Travel Data Services” means the eSIMs and telecommunications services provided by Gigs to End Users through its Third-Party Connectivity Providers for mobile data-only on the applicable mobile network where the End User is located at any given time. For the avoidance of doubt, all IoT (internet of things) services are excluded from the Travel Data Services.
The quality and availability of the Travel Data Services is not guaranteed and is provided “as-is” and “as available.” Without prior notice, the Travel Data Services may be temporarily or permanently suspended for reasons including, and without limitation: (i) the Third-Party Connectivity Provider has suspended the Services, whether in full or limited to certain geographic regions; (ii) issues related to network usage; (iii) fraud; or (iv) a force majeure event. Notwithstanding the foregoing, payment is required for any usage of the Travel Data Services rendered through and including the date of suspension, and there shall be no credits, reduction, or setoff of the amounts charged in relation to such suspension of the Travel Data Services, or any obligation to offer a temporary surrogate service.
You acknowledge and agree that Gigs and its Third Party Connectivity Providers have no control over how foreign administrations or third-party roaming partners establish their rules and conditions pertaining to Travel Data Services. Neither Gigs nor its Third Party Connectivity Providers nor its Partners shall be liable for any loss or damage sustained by any party due to failure in or breakdown of the communication facilities or telecommunications equipment associated with providing the Travel Data Services, for any interruption or degradation of the Travel Data Services (regardless of the cause or duration), or for any other cause or claim whatsoever arising under this Agreement.
Mobile Wireless Services
A. United States (US)
General
“Mobile Wireless Services” means the mobile wireless voice, data, roaming (if applicable) and messaging services provided by Gigs to End User through its Third-Party Connectivity Providers. For the avoidance of doubt, fixed wireless and any services directed toward first responders or other emergency response personnel are not part of the Mobile Wireless Services.
The Mobile Wireless Services provided herein are for resale to and/or use by End Users only in the Coverage Area. As used herein, the “Coverage Area” are those areas provided by Gigs’s Third-Party Connectivity Providers.
The Mobile Wireless Services may only be sold, marketed, and/or distributed to End Users. For the avoidance of doubt, End Users may not further sell, market, or distribute the Services (or any aspect thereof, including the End User’s SIM Card) to any other third-party or entity for further resale or distribution.
The Mobile Wireless Services may not be offered or used for permanent Roaming, whether domestically and internationally. Gigs shall have the right in its reasonable discretion to discontinue Services to any End User that generates excessive Roaming usage. For purposes of this provision, “Roaming” occurs where an End User’s Device connects to another Third-Party Connectivity Provider’s network, whether inside or outside of the Coverage Area.
The Mobile Wireless Service is provided subject to Gigs’s and its Third-Party Connectivity Providers’ ability to receive and maintain regulatory approvals, and You agree that unless such approvals exist there is no obligation for either party to provide the Mobile Wireless Services.
You acknowledge and agree that the Mobile Wireless Services are subject to transmission limitations caused by conditions such as, but not limited to, operating characteristics of End User hardware, atmospheric, topographical, or other conditions, operating characteristics of mobile terminal devices, intentional or negligent acts of third parties that may damage or impair the network or disrupt the Mobile Wireless Service, and other like conditions.
There shall be no credits, reduction or setoff of any amounts charged under your Agreement for "downtime" of Mobile Wireless Services for any reason, including but not limited to failure of communications, power outages, occurrences considered force majeure, system overcapacity, End User device failure, coverage areas, or failure of Third-Party Connectivity Provider’s hardware, software or systems.
You acknowledge and agree (and Partner acknowledges and agrees that it shall not represent in any way contradictory) that from time to time, Gigs and/or Gigs’s Third-Party Connectivity Providers may sunset technologies impacting use of an End User’s Device used with the Mobile Wireless Services. You agree that, in such cases, Gigs no longer has an obligation to support or provide Mobile Wireless Service to such End Users’ Devices.
End Users may not (i) send or be allowed to send Bulk Messages that are found to contain spyware, malware, viruses, or other harmful content, or (ii) use or be allowed to use the Mobile Wireless Services for corporate email. In its sole discretion, Gigs reserves the right to prohibit or remove any content that it deems inappropriate or potentially damaging to its reputation or to the Services, including without limitation by terminating the End User’s use of the Services. For purposes of this provision, “Bulk Messages” means sending and/or receiving a high volume of SMS messages.
Neither Partner nor End User shall acquire a property interest in any specific mobile telephone number (“Mobile Number”) assigned for its use and no property interest is acquired by any usage of the Services. Gigs and its Third-Party Connectivity Providers reserves the right, at its sole discretion, from time to time, to assign, designate or change such Mobile Numbers upon advance notice, when reasonable and necessary in the conduct of Gigs’s and/or its Third-Party Connectivity Providers’ business.
You understand and agree that Gigs prohibits any use of the Services that causes extreme network capacity issues and/or interference with the network.
End User shall acquire no proprietary interest in any Mobile Number assigned by Gigs for its use. Unless caused by the sole negligence of Gigs, End User shall indemnify and hold Gigs, its officers, employees, suppliers of service and agents harmless against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the access Mobile Number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of this Agreement.
End User shall, and shall be required to safeguard End User’s SIM Card and not to allow any unauthorized person to use End User’s SIM Card. End User agrees not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, End User’s SIM Card. Gigs may, from time to time, remotely update or change the encoded information on End User’s SIM Card.
Any fraudulent or abusive use of the Services is prohibited. Fraudulent and/or abusive use of the Services includes, by way of example and without limitation: (i) using the Services to violate Law, (ii) attempting to access, use, or tamper with the Services by any unauthorized, unlawful, or fraudulent means, or assisting any third party with the same, (iii) using the Services in any way that unreasonably interferes with any third-party’s use of the Service, or (iv) using the Services in any way not contemplated or prohibited by the Agreement.
International Long Distance Calling
Where your Service Plain includes international long distance (“ILD”) calling, the terms and conditions below apply only to any ILD calling by End Users.
NETWORK IP, LLC
ILD CONSUMER AGREEMENT
Introduction
This ILD Consumer Agreement ("ILD Agreement") sets forth the terms and conditions that apply to Your purchase of ILD Services from NetworkIP, LLC dba Elite Telecom through Gigs. By using the ILD Services, You agree to the terms and conditions set forth below and any changes that may be made from time to time to the ILD Agreement. If You do not agree to the terms of this ILD Agreement or have any questions about the ILD Agreement, then DO NOT use your Device to make ILD calls without contacting Customer Service at (8XX) XXX-XXXX.
Definitions. For purposes of this Section 4 of these Third-Party Terms, the following definitions apply. To the extent that any of the following terms with respect ILD Services conflict with the terms of your Agreement with Gigs, then the terms set forth in this Section 4 only as it relates to ILD Services shall control.
"Account" refers to usage within a billing cycle for a predetermined set of international destinations purchased through Gigs and/or a prepaid balance established with Gigs which are associated with the Consumer’s phone number allowing Consumer to purchase and use the ILD Service.
"Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom).
“Gigs” means Gigs and its affiliates, distributors or retailers authorized to market and/or distribute the ILD Service.
“ILD 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 ILD Service also the owner of the Account.
"Website" is the website found at www.gigs.com or such other location as designated by Gigs and may contain the specific prices and charges, ILD Service descriptions and other terms and conditions not set forth here that apply to the specific ILD Service.
You can also request information about the specific prices and charges, ILD Service descriptions and other terms and conditions not set forth here that apply to the ILD Service by calling toll free at (8XX) XXX-XXXX. This ILD Agreement incorporates by reference the ILD Service’s prices, charges, restrictions and the terms and conditions for using the ILD 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 ILD Service.
Charges and Payment
Price, Feature and Rate Changes
We may change the prices or features associated with the ILD 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 ILD Service, including the rates for calls made and/or available destinations in conjunction with the use of the ILD 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 180 days after last use or 30 days after account suspension. There are no additional fees or surcharges associated with the ILD 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 15 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 Customer Service at (8XX) XXX-XXXX or visit the Website if You have any questions about the ILD Service, including the international long distance rates or available destinations associated with the ILD Service.
Suspending/Canceling the ILD Service
If We have reason to believe that You or someone else is abusing the ILD Service fraudulently or unlawfully through Your Account, or if Your form of payment for the ILD Service is cancelled, disabled, discontinued or otherwise dishonored, We reserve the right to immediately suspend, restrict, deactivate or cancel the ILD Service and close Your Account without advance notice. In the event of suspension or cancellation of the ILD Service due to any other aforementioned reasons, Elite Telecom may from time to time discontinue offering the ILD Service, or if necessary, cancel all Accounts, immediately upon a determination by any governmental authority that the provision of the ILD Service is contrary to any law, rule or regulation or upon Your violation of this ILD Agreement.
The Unlimited ILD Service may be used for personal telecommunications voice services and 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 ILD Services with no prior notice and not allow You to reactivate the ILD Service.
Elite Telecom and Gigs are not responsible for any ancillary costs incurred by You, including but not limited to, cell phone provider charges or fees and/or penalties incurred by You in the event You use the ILD Service for any unlawful purpose.
Restrictions on Use; Intellectual Property
All of Elite Telecom and Gigs trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of Elite Telecom or Gigs 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 ILD Service and the Website. You are not permitted to commercially resell the ILD 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 ILD Service.
Indemnification
You agree that neither Elite Telecom nor its Gigs shall be responsible for any third party claims against Elite Telecom, Gigs, and/or You that arise from Your use of the ILD Service or Your Account. Further, You agree to reimburse Elite Telecom and or Gigs 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 ILD Agreement expires or is otherwise terminated.
Limitations of Liability
This section describes Elite Telecom’s or Gigs’s responsibility for any claims for damages You may assert arising out of the failure of the ILD Service or any other claims You may assert in connection with the ILD Service, or in connection with the transfer of funds to Your Account or with this ILD Agreement. We are not liable for any ILD Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, Gigs, 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 ILD Service, the Website and/or the telecommunication services underlying the ILD 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 ILD Service are interrupted, or if there is a problem with the interconnection of the ILD Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the ILD 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.
Warranties
You acknowledge that (a) the ILD 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 ILD Service or any Elite Telecom product associated with the ILD Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the ILD Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Elite Telecom employees or Gigs, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the ILD Service is solely at Your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to You.
Miscellaneous
Emergency Calls
Elite Telecom’s applications and services are not a replacement for Your cellular service and You will not be able to make emergency calls (e.g. 911) using them. Our services do not prevent You from using Your phone to make emergency calls, however cellular service may not be available everywhere. If You are in a location without cellular service You will need to make other arrangements. Emergency calls are NOT supported outside the domestic USA.
No Third Party Rights
This ILD 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 Gigs will be responsible or liable to the other for any failure to perform duties under this ILD Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Gigs (Force Majeure Event), including but not limited to the failure to perform due to any of the following: fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, or acts of regulatory or governmental agencies.
Assignment
We can assign all or part of Our rights or duties under this ILD Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this ILD Agreement or in connection with Your purchase or use of the products. You may not assign this ILD Agreement without Our prior written consent.
Notices
Any notice from Elite Telecom to You under this ILD 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 by mail at:
Elite Telecom
119 W. Tyler Street
Suite 100
Longview, TX 75601
You may contact Gigs as follows:
Please refer to your Agreement with Gigs
Separability
If any part of this ILD Agreement is found invalid, the rest of the ILD Agreement will remain valid and enforceable.
Governing Law
This ILD Agreement will be governed by the laws 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.
Entire Agreement
This ILD Agreement constitutes the entire agreement between You and Elite Telecom and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This ILD Agreement can be amended only as provided in the Changes to the ILD Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the ILD Agreement or the Website will be allowed to contradict, explain, or supplement this ILD Agreement or the ILD Service. Neither You or Elite Telecom is relying on any representations or statements by the other party or any other person that is not included in this ILD Agreement.
Changes to the ILD Agreement
This ILD Agreement may only be changed in the manner provided for in this section. Elite Telecom through Gigs may change this ILD 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. You may also request a copy of the revised ILD Agreement by calling Customer Service toll free at (8XX) XXX-XXXX.
ILD Agreement Last Revised: December 10, 2024
B. United Kingdom (UK)
No additional Third-Party Terms apply at this time.