Service Agreement

THANK YOU FOR USING Long Distance CONSOLIDATED BILLING CO.’S SERVICES. In this Agreement ("Agreement"), "you" and "your" mean the customer of the Long Distance Consolidated Billing Co. services defined below, and "Long Distance Consolidated Billing," ”LDCB,” “Company,” "we," "our," and "us" mean Long Distance Consolidated Billing Co., and any Long Distance Consolidated Billing Co. affiliates authorized to provide Long Distance Consolidated Billing Co.’s services.
 
"Service" or "Services" means: (1) Company’s intrastate, state-to-state and international telecommunications services you are enrolled in, use, or pay for; and (2) any new or additional Company intrastate, state-to-state and international telecommunications services that you enroll in, use, or pay for. The Services covered in this Agreement are subject to billing availability and may not be available at all locations.
 
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING YOUR LOCAL TELEPHONE COMPANY AND TELLING THEM THAT YOU WANT TO CANCEL LDCB’s SERVICE. PLEASE ALSO CALL LDCb AT 1-800-254-2814 FOR ADDITIONAL INFORMATION.
 
Company’s “Service Schedule" and rate plans contain the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to each of your Services not covered by a tariff. For intrastate Services that are covered under tariff, the tariff prevails. You can review Company’s Service Schedule, rate plans and tariffs on our web site at www.ldcb.net or request a copy of Company’s Service Schedules or tariffs for the Services you are enrolled in by contacting us at 4010 W. Walton Blvd. Ste. B Waterford, MI 48329. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN COMPANY’S SERVICE SCHEDULE AND RATE PLANS POSTED AT WWW.LDCB.NET.

1. PAYMENT AND CHARGES.

a. General. You agree to pay us for the Services at the prices and charges listed in Company’s Service Schedules. The prices and charges for any particular call may depend on a number of factors listed in Company’s Service Schedules, which include, for example, the duration of a call, the time of day and day of week, the distance called, and the type of service. In addition, the prices and charges for the Services may include, for example, government surcharges, monthly fees, monthly minimums, or connection charges.
 
b. Payments. You must pay all bills or invoices on time (on or before the due date) and in U.S. currency. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill, even if you write the words "Paid in Full" (or similar words) on any correspondence to us.
 
If you make any late payments, and we bill you for the Services, we will charge you a late fee of 1.5%, which we apply to that period's charges and any outstanding charges and late payment charges that remain unpaid at the time of the next bill. If the state law where you receive the Services requires a different rate, we will apply that rate. If your check, bank draft or electronic funds transfer is returned for insufficient funds, and we bill you for the Services, we will charge you an additional $25.00. If the state law where you receive the Services requires a different fee, we will charge you that amount.
 
c. Price Changes. We may change the prices and charges for the Services from time to time and without providing advance notice. Changes to the prices or charges for the Services are effective when posted on the Company’s web site at www.ldcb.net. IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.
 
d. Taxes and Other Charges. You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes and surcharges will be in the amounts that federal, state and local authorities require us to bill you. Advance notice of changes to taxes and surcharges will not be provided, except as required by applicable law.
 
e. Charges and Billing. Charges accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month. You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use. To determine the charge for each call, we round up to the next full minute for any fraction of minutes used.
 
f. Credit Check and Deposits. You give us permission to obtain your credit information from consumer credit reporting agencies at any time. If we bill you for the Services and we determine that you may be a credit risk for (1) unsatisfactory credit rating; (2) insufficient credit history; or (3) late payments for current or prior bills, we may require a deposit (or an advance payment as permitted by state law) to ensure payment for the Services.

2. SUSPENDING AND CANCELLING THE SERVICES.

a. Failure to Pay. Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees or any other required additional charges.
 
b. Cancellation of the Services by You. If you use more than one Service, you may change or cancel individual Services subject to the applicable terms and conditions in Company’s Service Schedules. This Agreement remains in effect for any Services that you continue to be enrolled in, use, or pay for. If you want to cancel all of the Services, you must discontinue your use of all the Services and then call your local telephone company and tell them you want to cancel your Company Services. Please also call us toll free at 1-800-254-2814 for additional information.
 
c. Other. We may from time to time discontinue certain Services, subject to applicable law and regulation. You are responsible for payment in full of all discounted services.

3. INDEMNIFICATION. 

YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ATTORNEYS' FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

4. LIMITATIONS OF LIABILITY. 

NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR OUR WILLFUL MISCONDUCT.
 
IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD. FOR ALL CLAIMS THAT ARE NOT THE RESULT OF COMPANY'S WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED.
 
WE WILL NOT BE LIABLE FOR ANY DAMAGES — AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD — IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

5. WARRANTIES.

EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, COMPANY’S EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

6. CREDIT ALLOWANCES FOR INTERRUPTIONS.

If an interruption or failure of Services is caused solely by Company and not by you or a third party or other causes beyond our reasonable control, you may be entitled to a credit allowance as specified in the applicable Service Schedules.

7. DISPUTE RESOLUTION.

a. Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1–16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association's ("AAA") Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND COMPANY BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
 
b. Arbitration Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives at the customer service number on your Company bill for the Services, or write to us at 4010 W. Walton Blvd. Ste. B Waterford, MI 48329, and give us an opportunity to resolve the dispute. Similarly, before Company takes a dispute to arbitration, we must first attempt to resolve it by contacting you. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying Company within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
 
c. Arbitration Fees and Expenses. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys' fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA's fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA's fees and expenses of the arbitrator from you. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA’s filing fee and administrative expenses for document arbitration will be allocated according to the AAA’s rules. More information about the AAA's rules and policies is available at the AAA's website, which is www.adr.org.

8. MISCELLANEOUS.

a. No Third Party Rights. This Agreement does not provide any third party with a claim, remedy, or right of reimbursement.
 
b. Changes to this Agreement This Agreement may only be changed in the manner provided for in this Section. We may change this Agreement, including the incorporated Company Service Schedules, from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in Section 1 of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at www.ldcb.net. You may also request a copy of the revised Agreement, including revised Company Service Schedule for the services you are enrolled in, by contacting us at 4010 W. Walton Blvd. Ste. B Waterford, MI 48329.
 
c. Acts Beyond Our Control. Neither you nor we 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 our reasonable control, except that you must pay for any Services used.
 
d. Notices. Notices from you to Company must be provided as specified in this Agreement. Notice from you to Company made by calling Company is effective as of the date that our records show that we received your call. Company's notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
 
e. Assignment. We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
 
f. Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
 
g. Governing Law. This Agreement is governed by the Federal Communications Act to the full extent applicable and otherwise by the law of the State of Michigan, without regard to its choice of law rules.
 
For the states of Arkansas, California, Connecticut, Illinois, Indiana, Kansas, Michigan, Missouri, Nevada, North Carolina, Ohio, Oklahoma, Texas or Wisconsin, “You have the right to dispute the Long Distance Consolidated Billing charges billed on your local telephone bill.  As a telephone company subscriber, you are not legally responsible for Long Distance Consolidated Billing charges incurred by minors or vulnerable adults without your consent.  Neither a long distance company nor your local exchange company may disconnect your local telephone service nor long distance service because you refuse to pay a Long Distance Consolidated Billing charge.”
 
For the states of Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, South Carolina, or Tennessee, “You have the right to dispute the Long Distance Consolidated Billing charges billed on your local telephone bill.  As a telephone company subscriber, you are not legally responsible for Long Distance Consolidated Billing charges incurred by minors or vulnerable adults without your consent.”
 
h. Entire Agreement. This Agreement (which incorporates by reference Company’s Service Schedules) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in Section 8(b) above. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Company is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
 
Issued/Revised: 9/25/14
© 2014 Long Distance Consolidated Billing. All rights reserved. Long Distance Consolidated Billing (LDCB)

Commonly Asked Questions

Q: When will my service switch to LDCB?

A: Orders are processed by LDCB within 10 business days, but the switch will be completed as soon as the local phone service confirms the order to change long distance service providers. There will be no interruption in your service while this change takes place.

Q: Do I need to contact my prior long distance providers to cancel service with them?

A: LDCB will handle the entire process of switching your long distance service for you; however you will need to cancel monthly service fees from your previous provider.

Q: When will my previous provider stop billing me?

A: Your previous long distance provider should not bill you for the time period the service is with LDCB. If you have further questions regarding the previous provider’s charges, feel free to contact LDCB Customer Service at 1-800-254-2814 for assistance.

Q: How do I add more lines to LDCB?

A: To add more lines to your LDCB account, please call our Customer Service Order Department at 1-866-438-4122.

Q: Whom do I call if I have a question about my bill or need additional information?

A: Our Customer Service Representatives will be available to assist you Monday through Friday from 9:00 a.m. to 9:00 p.m. (EST). If you have any questions, please contact the LDCB Customer Service Department at 1-800-254-2814.

Q: Who is USBI?

A: USBI is a third-party billing company that bills on behalf of LDCB. Billing records are sent to USBI, which are then sent to the local service provider. USBI is not a long distance service provider and is not responsible for the charges on the phone bill.

Q: What should I do if I want to cancel my service?

A: To cancel service with LDCB, please contact the LDCB Customer Service Department at (800) 254-2814 to close the account. After LDCB has cancelled the account, the next step is to contact your new service provider to switch the service on the lines you currently have subscribed to LDCB. The new service provider should be able to take care of you from there.

Q: Will I be charged by LDCB after I cancel my service?

A: In most cases, there are charges for calls that have not appeared on a billing statement. During the cancellation process, the LDCB Customer Service Representative should be able to inform you if there are any further charges to be billed.

Q: Will I be charged a penalty if I cancel my service?

A: No. LDCB does not charge early-termination or any other penalties. You can add new services or cancel existing services as you see fit. Once your service has been cancelled, any monthly fees that are part of your service will automatically stop as long as you have contacted LDCB