Midco Mobile – Wireless Service Terms and Conditions
Effective Date: February 1, 2026
This Wireless Service Agreement (“Agreement”) is entered into by and between Midcontinent Communications, a South Dakota general partnership (“Midco,” “Provider,” “we,” “us,” or “our”), and the individual or entity (“Customer”) who activates, uses, or pays for the wireless services (“Midco Mobile”) described herein.
Midco Mobile service is provided by Midco, including its assigns and agents. These Terms and Conditions form part of the Customer Service Agreement and constitute a binding written agreement under which Midco will provide Service subject to the terms accepted by Customer. By engaging in any of these actions, Customer agrees to be bound by the terms and conditions set forth in this Agreement.
Customer Service Agreement includes:
(i) these Terms and Conditions available at Midco.com/legal;
(ii) the Midco Privacy Policy available at Midco.com/legal;
(iii) the Midco Mobile Acceptable Use Policy available at Midco.com/legal;
(iv) any subscriber agreement or transaction materials accepted by Customer;
(v) any supplemental terms applicable to selected Service plans;
(vi) any confirmation materials provided by Midco; and
(vii) any additional provisions linked to the above materials.
In the event of any conflict between these Terms and Conditions and other components of the Agreement, these Terms and Conditions shall prevail to the extent necessary to resolve the conflict. These Terms and Conditions include provisions related to service plan modifications, late payment consequences, limitations of liability, privacy practices, and the resolution of disputes through binding arbitration rather than litigation in court.
1. Acceptance of Terms
Customer represents that they are at least eighteen (18) years of age and are legally authorized to enter into this Agreement. Individuals under the age of eighteen (18) may access or use the Services only with the consent and supervision of a parent or legal guardian. Acceptance of this Agreement occurs upon any of the following actions: (a) providing a written or electronic signature or verbally confirming acceptance; (b) activating the Service; (c) using the Service following any change or addition; or (d) making payment for the Service. Any individual who does not agree to the terms of this Agreement must not activate or use the Services and must promptly return any unused products.
2. Authorized Users
If a Customer adds an authorized user to their Midco Home account, that authorized user will also be granted access to the Customer’s Midco Mobile MyAccount. By designating an authorized user, the Customer acknowledges and agrees that such user may view and manage account information, including payment information, and settings associated with both Midco Home and Midco Mobile services.
3. Service Description
Midco offers wireless telecommunications services, including but not limited to voice, text messaging (SMS/MMS), and data services (collectively, the “Services”). Service availability, coverage, and performance are subject to network conditions and are not guaranteed.
Service Plans and Activation
· Service Plans: Midco offers various service plans with differing allocations of voice, text, and data. Plan details are available via Midco’s website or customer service.
· Activation: Services are activated upon completion of Midco’s activation procedures, which may include SIM card installation and device configuration.
· Term: Service plans are offered on a recurring basis (e.g., monthly, quarterly) as selected by the Customer.
4. Charges and Billing; Refunds
Customer agrees to pay all charges associated with the selected service plan, including charges for additional features, services, and SMS usage, whether billed directly or incurred through use of the Customer’s device. All charges are billed in advance for the applicable service period. Service plans operate on recurring thirty (30) day billing cycles unless otherwise specified; for example, twelve (12) month plans may include a combination of thirty (30) day and thirty-one (31) day cycles, not to exceed one (1) year or 365 days in total.
By subscribing to Midco Mobile, Customer agrees to enroll in automatic payments (“Auto Renew”) and paperless billing. Through Auto Renew, recurring charges will be automatically billed to the designated payment method at the end of each billing cycle, based on the charges shown in the electronic billing statement found in Customer’s Mobile My Account. The Customer authorizes Midco to process such payments for the designated payment method until modified. Recurring charges may vary if the Customer changes service plans or if Midco adjusts pricing, with prior notice. Customers may update payment preferences at any time by contacting Midco Customer Service or managing their account settings online. To ensure changes take effect, Auto Renew modifications must be completed at least twenty-four (24) hours before the end of the current billing cycle.
Midco Mobile is a prepaid service. Upon cancellation of service, the Customer will not be entitled to any refund, credit, or pro-rated billing for any unused portion of the prepaid service period, regardless of the timing or reason for cancellation.
5. Taxes and Fees
Customer is responsible for all applicable taxes, fees, surcharges, and regulatory charges (“Taxes and Fees”) associated with the Service. These amounts will be included in the total charges to the Customer’s account at the time-of-Service activation and upon any subsequent charges. Payment of Taxes and Fees is in addition to payment for the Service itself and will be billed to the Customer’s designated payment method.
Taxes and Fees may include, but are not limited to:
· Federal Universal Service Fund Fee: Assessed to recover Midco’s contribution to the Federal Universal Service Fund, which supports telecommunications access in rural and underserved areas. The rate is determined quarterly by the Universal Service Administrative Company (USAC) and may vary as directed by the Federal Communications Commission.
· Federal Regulatory Recovery Charge: Covers costs imposed by federal regulations, including funding for Telecommunications Relay Services, national number administration, and number portability.
· Other Government Fees: May vary based on Customer’s location and include:
o State Universal Service Fund Fees, assessed as a percentage of intrastate or gross revenues, or as a flat rate per line, as determined by applicable state, county, or municipal authorities.
o Local 9-1-1 Fees, assessed on a recurring, per-line basis to support emergency services access.
· Government Taxes: Federal, state, municipal, local, or other governmental taxes, including sales and use taxes, may be assessed based on Customer’s subscription, usage, or payment for Midco services. Tax jurisdiction is determined using the street address on file. If no valid address is provided, Midco may use the ZIP code entered at activation or, if unavailable, the ZIP code of Midco’s headquarters. If an incorrect or non-qualifying address is provided, Midco may assign a default ZIP code for tax purposes. Any disputes regarding tax jurisdiction must be submitted within sixty (60) days of notification.
6. Billing Disputes
Unless otherwise required by law, Customer must notify Midco in writing of any dispute regarding a bill or charge within sixty (60) days of the date the disputed charge first appears on Customer’s account. The written notice must include supporting documentation. Failure to provide timely notice may result in the waiver of the right to pursue the dispute through arbitration or litigation. Except where prohibited by law, disputed charges must be paid while the dispute is under review. Acceptance of any credit, refund, or other compensation offered by Midco in resolution of a disputed charge constitutes full and final settlement of the issue. For unresolved disputes, refer to Section 15. For contact information, call 1(800) 888-1300 or visit midco.com/support.
7. Usage and Limitations
· Voice, Text, and Data Allotments: Service plans include specific allotments for voice, text, and high-speed data. Overage charges or speed reductions may apply upon exceeding these limits.
· Rollover: Unused allotments may or may not roll over to subsequent billing cycles, depending on the plan.
· International Roaming: International roaming services may be available as an add-on or included in certain plans and are subject to additional charges and limitations.
· Service Availability: Midco shall not be liable for temporary unavailability of Services due to maintenance, system upgrades, or network limitations.
8. Network Management and Data Speeds
· Network Optimization: Midco may employ network management practices to ensure equitable access for all users.
· Data Prioritization: Data usage may be subject to prioritization policies, which may affect speeds during periods of congestion.
· Speed Reductions: Upon exceeding high-speed data limits, data speeds may be reduced for the remainder of the billing cycle.
For Midco’s full Mobile Service Performance, Network Management Disclosure, and Mobile Facts Labels see: midco.com/legal/internet-service-performance/
9. Device Compatibility
The Customer is solely responsible for ensuring that their device is compatible with Midco’s Services. Unlocked devices must support GSM/LTE standards, and full functionality is not guaranteed for all devices. Only certain phones and devices are supported. Midco will provide a list of supported devices upon request. Use of unsupported devices may result in immediate termination of Service.
10. Lost or Stolen Devices
Customer must notify Midco immediately upon loss or theft or a device. Customer remains responsible for all charges incurred prior to such notification. Upon notification to Midco of a lost or stolen device, Midco will suspend the associated service. Following suspension, the account holder will not be responsible for usage charges incurred beyond the standard service plan charges, including applicable taxes, fees, and surcharges. If suspension is not requested, the account holder remains responsible for all usage charges incurred and any applicable taxes, fees, and surcharges. Midco reserves the right to prevent a lost or stolen device from registering on any network.
11. Termination and Suspension of Service
· Termination By Customer: Customer may terminate the Services at any time by contacting Midco Customer Care. Early termination fees or remaining balance obligations may apply.
· Voluntary Suspension By Customer:
o Servicemembers – Customers who are active members of the U.S. Armed Forces may contact Customer Care to request a suspension of their wireless service, including lines associated with family members, in accordance with the Servicemembers Civil Relief Act and applicable state laws. Eligible Customers may:
§ Retain their wireless phone number for up to thirty-nine (39) months. During the suspension period:
· No charges will be billed to the Customer for the suspended lines.
· Access to the Midco Mobile network will be disabled, including the ability to make or receive calls, texts, or use data.
· Customers must reactivate their service before the thirty-nine (39) month period expires. Failure to do so will result in automatic disconnection of the line and loss of the associated phone number.
§ Cancel their wireless service without incurring early termination fees. Note: The account must be in good standing to qualify.
o Lost or Stolen Device – Customers who have experienced a lost or stolen device may request a suspension of service for the affected line for up to ninety (90) days.
§ Note: For lost or stolen devices, billing will continue throughout the suspension period in accordance with the terms of the service agreement.
· Termination or Suspension By Midco: Midco may suspend or terminate Services, with or without notice, for:
o Breach of this Agreement or the Acceptable Use Policy;
o Non-payment;
o Fraudulent or unlawful use;
o Conduct impairing network integrity;
o Provision of false or misleading information.
· Effect of Termination: Upon termination, Services will cease, and Customer may lose their assigned phone number. Customer remains responsible for all charges incurred through the termination date.
12. Device Return Policy
Customers may return any device purchased from the Midco Mobile store within seven (7) calendar days of delivery. To initiate a return, customers must contact Midco Customer Care.
Returned devices must:
- Be in good working condition, free of physical damage, and able to power on and function properly.
- Include all original accessories, cables, manuals, and packaging. Missing items may result in additional charges.
Refunds will be issued to the original payment method after verifying compliance with this policy. A $50 restocking fee will be deducted from the refund amount.
Devices that do not meet these conditions or are returned after the seven-day window may be rejected or subject to extra fees. If a device arrives damaged or non-functional (“Dead on Arrival”), no restocking fee will apply.
13. Customer Proprietary Network Information (CPNI)
Customer Proprietary Network Information (“CPNI”) refers to information obtained by Midco in the course of providing telecommunications services. This includes details regarding the types of services purchased, usage patterns, and billing information such as local, long distance, and wireless service activity and calling records. Telephone numbers, names, and addresses are not classified as CPNI under applicable regulations.
CPNI may be used as necessary to deliver and support Midco services, including multi-line accounts where applicable. In such cases, CPNI may be shared with other members of the same account to facilitate service delivery. CPNI may also be used for internal purposes such as training, quality assurance, and to offer additional services similar to those already provided. Midco and its affiliates may use CPNI to present offers, packages, discounts, or promotions that may differ from existing services.
Midco employs technological safeguards, security protocols, and strict internal policies to protect CPNI from unauthorized access or misuse. Disclosure of CPNI outside of Midco, and authorized agents occurs only with customer consent or as required by law. Third-party service providers engaged by Midco are contractually obligated to maintain the confidentiality of CPNI in accordance with this provision. Midco does not sell CPNI to unaffiliated third parties.
14. Porting
Customer may be able to transfer (or “port”) their wireless phone number to another carrier. Should the Customer elect to port their number away from Midco, such action shall be deemed a request to terminate service associated with that mobile number.
In the event that a mobile number is ported to Midco, the Customer acknowledges and agrees that certain services, including but not limited to enhanced 911 (E911) location capabilities, may not be immediately available upon activation. Customer acknowledges and agrees that they do not have proprietary rights to their Mobile Telephone Number (MTN), except with respect to number portability.
15. Our Right to Make Changes
Subject to applicable law, your Midco Mobile service is governed by our business policies and procedures, which may change without notice. We may modify these Terms and Conditions, services, discounts, technologies (including network changes affecting device compatibility), coverage, or any other agreement terms at any time.
You agree to be bound by such changes upon the earlier of (i) their posting on the Midco Mobile website or (ii) our notification to you. Because these Terms may change, you should regularly check the Midco Mobile website for updates. If we change your service plan fee, you have seven (7) days from notice to cancel by contacting Customer Service at 1(800) 888-1300 or managing your account online. Failure to cancel within seven (7) days constitutes acceptance of the new rate. Increases in taxes, regulatory fees, or assessments are not considered service fee changes and do not trigger cancellation rights. We are not liable for changes in operations, equipment, or technology (including network updates) that render your device obsolete or require modification.
16. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS. MIDCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. MIDCO DOES NOTWARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR MEET CUSTOMER REQUIREMENTS.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDCO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF MIDCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MIDCO’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM. FURTHERMORE, ALL CLAIMS MUST BE INITIATED WITHIN TWO (2) YEARS FROM THE DATE ON WHICH THE CLAIM ARISES.
18. Indemnification
Customer agrees to indemnify, defend, and hold harmless Midco, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with Customer’s use of the Services or any breach of this Agreement or the Acceptable Use Policy or violation of any laws or regulations or the rights of any third party by Customer, any person on the Customer account, or any individual permitted by Customer to use the Service.
19. Dispute Resolution
Any dispute or claim relating in any way to your use of the Services or this Agreement will be resolved by binding arbitration, except that either party may assert claims in small claims court if claims qualify. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Sioux Falls, South Dakota, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorneys’ fees, except as otherwise provided by law.
CLASS ACTION WAIVER. MIDCO AND CUSTOMER EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against Midco.
20. Intellectual Property
No party shall infringe, misappropriate, dilute, or otherwise violate the intellectual property rights of Midco or any third party. Except for a limited license to use Midco services, the purchase of Midco Services or devices does not grant any license to copy, modify, reverse engineer, download, redistribute, or resell any intellectual property of Midco or others related to such services or devices. Use of this intellectual property is restricted to Midco services unless expressly authorized by Midco. Any violation of this provision constitutes harm to Midco that cannot be fully remedied by monetary damages alone, and Midco shall be entitled to seek immediate injunctive relief in addition to all other available remedies.
21. Notices
Midco may deliver communications, agreements, notices, and disclosures (“Notices”) via text, voice, email, or mail to the contact information associated with a device or provided by the account holder. Notices are deemed delivered upon transmission or three (3) days after mailing. Autodialed or prerecorded calls or texts may be used for account updates, fraud prevention, service-related information, or debt collection. Telephone numbers may be shared with contracted service providers for these purposes but will not be disclosed to unaffiliated third parties for independent use without consent. Standard charges may apply. Consent for such communications is not required for service and may be revoked by contacting Midco customer service at 1(800) 888-1300 or by updating preferences on the Midco website
22. Privacy Policy
Midco’s Privacy Policy, available on its website, governs the collection, use, and disclose Customer’s personal information. By using the Services, Customer consents to such practices.
23. Modifications to Terms
Midco may modify this Agreement at any time by posting the revised terms on our website or by providing notice Customer. Continued use of the Services constitutes acceptance of the revised terms.
24. Enforceability and Assignment
A waiver of any part of this Agreement in one instance does not waive any other part or future instance and must be in writing. If Midco does not enforce a provision, it may still require full compliance later. Any determination made by Midco under this Agreement will be at its sole reasonable discretion. Sections 2–3, 5, 8-24 will survive termination. The Customer may not assign this Agreement or related rights or duties without Midco’s written consent. Midco may assign all or part of the Agreement or any related debt without notice.
25. Governing Law
This Agreement shall be governed by the laws of the State of South Dakota, without regard to its conflict of law principles.
26. Entire Agreement
This Agreement, along with the Acceptable Use Policy and any incorporated documents, constitutes the entire agreement between Midco and the Customer regarding Midco services or devices, superseding all prior communications and understandings. The Customer may not rely on other documents or statements from sales or service representatives. If the Customer purchases a device, service, or content from a third party, a separate agreement may apply; Midco is not a party to that agreement.
27. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
The following terms are applicable to International Long Distance (ILD) services which may be purchased.
International Long Distance (ILD) Consumer Agreement
1. Introduction
This ILD Consumer Agreement ("Agreement") sets forth the terms and conditions that apply to Your purchase of Services from NetworkIP, LLC dba Elite Telecom through Marketing Agent. By using the Services, You agree to the terms and conditions in this Agreement and any changes that may be made to the Agreement. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Customer Service at 1(800) 888-1300.
"Account" refers to usage within a billing cycle for a predetermined set of international destinations purchased through Marketing Agent and/or a prepaid balance established with Marketing Agent which are associated with the Consumer’s phone number allowing Consumer to purchase and use the Service.
"Elite Telecom," "We," "Our," and "Us" means NetworkIP, LLC (d.b.a. Elite Telecom)
“Marketing Agents” means BlueConnects and its resellers, affiliates, distributors or retailers authorized to market and/or distribute the Service, including Midco.
“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 www.midco.com/mobile or such other location as designated by Midco 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 1(800) 888-1300. 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.
3. Charges and Payment
(a) 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 180 days after last use or 30 days after account suspension. 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 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 1(800) 888-1300 or visit the Website if You have any questions about the Service, including the international long distance rates or available destinations associated with the Service.
(b) Suspending/Canceling the Service
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, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your Account without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons,
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 Consumer 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 Services with no prior notice and not allow You to reactivate the Service. Elite Telecom and its Marketing Agent 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 the You in the event You use the Service for any unlawful purpose.
(c) Restrictions on Use; Intellectual Property
All of Elite Telecom and Marketing 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 Marketing 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 neither Elite Telecom nor its Marketing Agents shall be responsible for any third party claims against Elite Telecom, Marketing Agent and/or You that arise from Your use of the Service or Your Account. Further, You agree to reimburse Elite Telecom and or Marketing 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.
This section describes Elite Telecom’s or its authorized Marketing Agent’s 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, Marketing 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 Marketing 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.
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. If You do attempt to make an emergency call while using Our application or services, the application will close and the call will be attempted using Your phone’s native dialer over any available cellular network. 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.
(b) No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Neither You or Elite Telecom or Marketing Agent will be responsible or liable to the other for any failure to perform duties under this Consumer Agreement where that failure is due to an act outside the reasonable control of You, Elite Telecom, or Marketing Agent (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.
(d) Assignment
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.
(e) Notices
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 Elite Telecom by mail at: You may contact Midco by mail at:
Elite Telecom Midcontinent Communications
119 W. Tyler Street 4020 W Cayman St
Suite 100 Sioux Falls, SD
Longview, TX 75601 57107
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
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.
This Agreement (which incorporates by reference the Website Terms of Use) 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 Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the 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 Agreement.
This Agreement may only be changed in the manner provided for in this section. Elite Telecom through its Marketing Agent 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. You may also request a copy of the revised Agreement by calling Customer Service toll free at 1(800) 888-1300.
ILD Terms Revised: January 20, 2023
