Service Schedule

Terms & Conditions

REGULATIONS AND SCHEDULE OF CHARGES APPLICABLE TO

Long Distance Consolidated Billing Company

4010 W. Walton Blve, STE B, 
Waterford, Michigan 48329
 
BETWEEN POINTS IN THE UNITED STATES AND BETWEEN POINTS IN THE UNITED STATES AND INTERNATIONAL LOCATIONS AS SPECIFIED HEREIN.  SERVICE IS PROVIDED BY MEANS OF WIRE, RADIO, TERRESTRIAL OR SATELLITE FACILITIES OR ANY COMBINATION THEREOF.

TABLE OF CONTENTS

APPLICATION OF SERVICE SCHEDULE
 
1.0          DEFINITIONS
2.0          RULES AND REGULATIONS
2.1          Undertaking of the Company
2.2          Limitations
2.3          Use
2.4          Liabilities
2.5          Deposits
2.6          Advance Payments
2.7          Taxes
2.8          Regulatory and Miscellaneous Charges
2.9          Installation
2.10        Payment for Service
2.11        Cancellation by Customer
2.12        Interconnection
2.13        Refusal or Discontinuance by Company
2.14        Interruption of Service
2.15        Inspection, Testing, and Adjustment
2.16        Tests, Pilots, Promotional Campaigns and Contests
2.17        Cost of Collection and Repair
2.18        Late Fee
2.19        Routing of 0- and 0+ IntraLATA calls
3.0          DESCRIPTION OF SERVICES OFFERED
3.1          Timing of Calls
3.2          Minimum Call Completion Rate
3.3          Service Offerings
3.4          Restoration of Service
4.0          RATES
4.1          General
4.2          Schedule of Rates
4.3          Recurring Charges

APPLICATION OF SERVICE SCHEDULE 

This Service Schedule contains the regulations and rates applicable to the provision of telecommunications service by Long Distance Consolidated Billing Company (hereinafter referred to "LDCB" or the "Company") between and among domestic points within the United States and between points within the United States and international locations as specified herein.  Service is furnished subject to transmission, atmospheric and like conditions.  By use of Company’s services, Customer agrees to all terms, conditions, rates and charges contained herein and in Company’s Services Agreement.  Rates and terms of service are subject to change without notice.

1.0       DEFINITIONS 

Access Line: An arrangement that connects the customer's location to an interexchange switching center.
 
Authorization Code: A numerical code, one or more of which are available to a customer to enable him/her to access the carrier, and which are used by the carrier both to prevent unauthorized access to its services and to identify the customer for billing purposes.
 
Commission:  Federal Communications Commission
 
Customer:  Any person, firm, partnership, corporation, or other entity furnished telecommunications services under the provisions of this Service Schedule who is responsible for payment of charges and compliance with the Company's Service Schedule regulations.
 
FCC:  Federal Communications Commission.
 
LATA - (Local Access and Transport Area) A geographic area established as required by the Modification of Final Judgment entered in United States v. Western Electric Co., Inc. 552 F. Supp. 131 (D.D.C 1982), within which a local exchange company provides communication service.
 
Local Exchange Company:  A telephone company utility which provides local telecommunications services to a specific geographic area for business and residential customers.
 
Pay Telephone:  A telephone instrument equipped with devices that permit the instrument to access the Company's services and that is authorized to provide such services and conforms with state and federal regulations governing such equipment.

2.0       RULES AND REGULATIONS 

2.1       Undertaking of the Company
 The Company is a resale interexchange carrier that provides its services over the networks of other facilities-based carriers from whom the Company purchases transport services.  The Company operates the communications services provided hereunder in accordance with the terms and conditions set forth under this Service Schedule.  The Company may act as the Customer's agent for ordering access connection facilities provided by other carriers or entities, when authorized by the Customer, to allow connection of a Customer's location to the Company service.  The Customer shall be responsible for all charges due for such service arrangement. 
 
The Company's services are provided on a monthly basis unless otherwise provided, and are available twenty-four hours per day, seven days per week.

2.2       Limitations

2.2.1    Service is offered subject to the availability of the necessary facilities and equipment and subject to the provisions of this Service Schedule.
 
2.2.2    The Company reserves the right to discontinue or limit service when necessitated by conditions beyond its control, or when the Customer is using service in violation of provisions of this Service Schedule, the rules and regulations of the FCC, or in violation of the law.
 
2.2.3    The Company does not undertake to transmit messages, but offers the use of Carrier facilities when available, and the Company will not be liable for errors in transmission or for failure to establish connections.
 
2.2.4    Title to all facilities provided by the Company under this Service Schedule remains with the Company. All services provided under this Service Schedule are directly controlled by the Company and the Customer may not transfer or assign the use of service without the express written consent of the Company.  All regulations and conditions contained in this Service Schedule shall apply to all such permitted assignees or transferees, as well as all conditions of service.

2.3       Use 

2.3.1    Services provided under this Service Schedule may be used only for the transmission of communications by customers in a manner consistent with the terms of this Service Schedule and regulations of the Federal Communications Commission.
 
2.3.2    Services provided under this Service Schedule shall not be used for unlawful purposes or for any purpose for which any payment or other compensation is received by the Customer, except when the Customer is a duly authorized and regulated common carrier.  This provision does not prohibit an arrangement between the Customer, authorized user, or joint user to share the cost of the service as long as the arrangement generates no profit for any participant in the arrangement.
 
2.3.3    All Customers assume general responsibilities in connection with the provisions and use of Company's service.  When facilities, equipment, and/or communications systems provided by others are connected to Company's facilities, Customer assumes additional responsibilities.  Customers are responsible for the following:  (i) placing orders for service; (ii) paying all charges for service rendered by Company; (iii) complying with Company's regulations governing the service; and (iv) when placing an order for service, Customer must provide (1) the name(s) and address(es) of the person(s) responsible for the payment of service charges, and (2) the name(s), telephone number(s), and address(es) of the Customer contact person(s).  Customer is also responsible for assuring that its authorized users comply with regulations.
 
2.3.4    Customer must pay Company for the replacement or repair of Company's equipment when the damage results from: (i) the negligence or willful act of Customer or user; (ii) improper use of service; or (iii) any use of equipment or service provided by others.

2.4       Liabilities 

2.4.1    The Company's liability, if any, for its willful misconduct is not limited by this Service Schedule.  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. 
 
2.4.2    The Company is not liable for any damages caused in whole or in part by, or associated with, any service (including but not limited to channels, maintenance, repair or restoration) or equipment which it did not furnish.
 
2.4.3    Unless the result of gross negligence or willful misconduct of the Company, Company shall be indemnified, defended, and held harmless by the Customer or traffic aggregator against all claims, losses, or damages (including indirect, special, or consequential damages and attorney’s fees) arising in whole or in part from, or in any way associated with:
 
2.4.3.1   the installation, provision, termination, maintenance, repair, restoration or use of services governed by this Service Schedule, including any and all equipment and facilities incidental to or associated with such services;
 
2.4.3.2   claims for libel, slander, or infringement of copyright, defamation, invasion of privacy, patent infringement, unauthorized use of any trademark, trade name, or service mark, unfair competition, interference with or misappropriation, or violation of any contract, proprietary or creative right, or any other injury in connection with the material transmitted over the Company's facilities;
 
2.4.3.3   any other claim resulting from any act or omission of the Customer or traffic aggregator relating to the use of the Company's facilities or services;
 
2.4.3.4   connecting, combining, or adapting the Company’s facilities with Customer’s apparatus or systems;
 
2.4.3.5   any personal injury or death of any person or for any loss of or damage to Customer's premises or any other property, whether owned by Customer or others, caused directly or indirectly by the installation, maintenance, location, condition, operation, failure, presence, use, or removal of equipment or wiring provided by the Company.
                     
2.4.4    The Company's failure to provide, maintain or restore service under this Service Schedule shall be excused by, and the Company shall not be liable for any claim or loss, expense, or damage due to, labor difficulties, governmental orders, civil commotions, acts of God, fire, flood and other catastrophes and other circumstances beyond the Company's reasonable control, subject to the Credit Allowances in this Service Schedule, if any, applicable to interruptions in service.
 
2.4.5    No agent or employee of any other carrier shall be deemed to be an agent or employee of the Company.
 
2.4.6    EXCEPT AS THIS SERVICE SCHEDULE EXPRESSLY STATES, COMPANY MAKES NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY ALSO MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. COMPANY DOES 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 NO ONE SHOULD RELY ON ANY SUCH STATEMENT.

2.5       Deposits 

The Company reserves the right to require deposits or letters of credit from its Customers.

2.6       Advance Payments 

The Company reserves the right to require advance payments from Customers not to exceed two months average billing based upon past usage.

2.7       Taxes

The Customer is responsible for the payment of all applicable taxes.

2.8       Regulatory and Miscellaneous Charges 

The customer is responsible for payment of all amounts required by governmental, quasi-governmental or other entities to be collected in support of statutory or regulatory programs.  The Company may adjust its rates and charges or impose additional rates and charges on its Customer in order to recover these amounts.  Unless specified otherwise herein, if an entity other than the Company (e.g., another carrier or supplier) imposes charges on the Company in connection with a Customer’s Service, that entity’s charges in addition to administrative costs will be passed through to the Customer.  The Customer is responsible for the payment of all such charges.
 
2.8.1    USF Charge
 
All calls are subject to an non-discountable Universal Service Fund (USF) Charge assessed under authority of FCC CC Dkt. No. 96-45.  The USF Charge is in addition to standard Service Scheduled usage charges and any applicable service charges and surcharges.  The USF Charge will be shown, whenever possible, as a separate line item on monthly bills to Customers.  A Customer will not be required to pay USF charges if it demonstrates to the Company’s reasonable satisfaction that the Customer is acquiring the Company’s Service for resale, i.e., not for its own internal use.
  
2.8.2    Public Pay Telephone Surcharge
 
In order to recover the Company’s expenses and to comply with the FCC’s pay telephone compensation plan (FCC CC Dkt. No. 96-128), a non-discountable per call charge is applicable to all completed dial-around calls which originate from public pay telephones.  This surcharge is in addition to standard Service Scheduled usage charges and any applicable service charges and surcharges. The Public Pay Telephone Surcharge will, whenever possible, appear as a separate line item on monthly bills to customers.
 
2.8.3        Primary Interexchange Carrier Charge (PICC)
 
Customers that are pre-subscribed to any of the Company’s outbound switched services are subject to a non-discountable PICC which is a per-line (local exchange carrier provided Switched Access Line) monthly charge.  If a PICC is assessed to the Company in connection with a service, such charges will be passed through to the Customer.
 
2.8.4    North American Numbering Plan Administration
 
Calls are subject to a fee for recovery of costs associated with North American Numbering Plan Administration.
 
2.8.5    Local Number Portability Administration
 
Calls are subject to a fee for recovery of costs associated with Local Number Portability Administration.
 
2.8.6    Telecommunications Relay Service
 
Calls are subject to a fee for recovery of costs associated with Telecommunications Relay Service.

2.9       Installation

Service is installed upon mutual agreement between the Customer and the Company.  Customer and Company, by specific agreement, may alter the rates, terms and conditions specified in this Service Schedule.

2.10     Payment for Service 

2.10.1  The Customer is responsible for payment of all charges for services furnished to the Customer or to an authorized user of the Customer.  All charges due by the Customer are payable to the Company, or a d/b/a utilized by the Company or to any agency duly authorized by the Company to receive such payments.  The billing agency may be the Company, a local exchange telephone company, interexchange carrier, or other billing service.  Terms of payment shall be according to the rules and regulations of the agency and subject to the rules of regulatory agencies, such as the FCC.  Any objections to billed charges must be reported within fifteen (15) days of receipt to the Company or the Company's billing agent, otherwise the invoice shall be considered correct and binding on the Customer absent evidence provided by Customer of extraordinary circumstances.  Adjustments to Customer's bills shall be made to the extent that circumstances exist which reasonably indicate that such changes are appropriate.
 
2.10.2  Payment will be due upon receipt of the billing statement by the Customer. 
 
2.10.3  The Customer is responsible for payment of all charges for service furnished to the Customer including, but not limited to, all calls originated at the Customer's number(s); received at the Customer's number(s); billed to the Customer's number(s) via third-party billing; incurred at the specific request of the Customer; or placed using a calling card issued to the Customer.  The initial billing may include the account set-up charge where applicable. 
 
2.10.4  Customer is liable for all costs associated with collecting past due charges, including all attorneys’ fees. 
 
2.10.5  Credit for failure of service or equipment will be allowed only when failure is caused by or occurs in facilities or equipment owned, provided and billed for, by Company.
 
2.10.6  Credit allowances for failure of service or equipment starts when Customer notifies Company of the failure or when Company becomes aware of the failure and ceases when the operation has been restored and an attempt has been made to notify Customer.
 
2.10.7  Customer shall notify Company of failures of service or equipment and make reasonable attempts to ascertain that the failure is not caused by Customer provided facilities, any act or omission of the Customer, or in wiring or equipment connected to the terminal.
 
2.10.8  Only those portions of the service or equipment disabled will be credited.  No credit allowances will be made for: (i) interruptions of service resulting from Company performing routine maintenance; (ii) interruptions of service for implementation of a Customer order for a change in the service; (iii) interruptions caused by negligence of Customer or his authorized user; or (iv) interruptions of service because of the failure of service or equipment provided by Customer, authorized user, or other carriers.

2.11     Cancellation by Customer 

Customer may cancel service by providing thirty (30) days written notice to the Company, unless a term plan for service has been entered into or unless otherwise agreed to in writing.  If Customer orders service requiring special facilities dedicated to the Customer's use and then cancels the order before the service begins, before completion of the minimum service period, or before completion of some other period mutually agreed upon by Customer and Company, a charge will be made to Customer for the non-recoverable portions of expenditures or liabilities incurred expressly on behalf of Customer by Company and not fully reimbursed by installation and monthly charges.  If, based on the order, any construction has either begun or been completed, but no service provided, the non-recoverable cost of such construction shall be borne by Customer.  Such charge will be determined on a case-by-case basis.

2.12     Interconnection

Service furnished by the Company may be connected to the facilities or services of other carriers. The customer is responsible for all charges billed by other carriers for use in connection with the Company’s service.  Any special interface equipment or facilities necessary to achieve compatibility between carriers is the responsibility of the Customer. Interconnection with the facilities or services of other carriers shall be under the applicable terms and conditions of the other carriers' Service Schedules.  The Customer is responsible for taking all necessary legal steps for interconnecting his or her customer provided terminal equipment of communications systems with Company’s facilities.  Customers shall secure all licenses, permits, rights-of-way, and other arrangements necessary for such interconnections.

2.13     Refusal or Discontinuance by Company

The Company may refuse or discontinue service under the following conditions provided that, unless otherwise stated, the Customer shall be given fifteen (15) days written notice to comply with any rule or remedy any deficiency:
 
2.13.1  For non-compliance with or violation of any state, municipal, or federal law, ordinance or regulation pertaining to telephone service.
 
2.13.2  For use of telephone service by any other person or for any other purpose than that described in the application.
 
2.13.3  For neglect or refusal to provide reasonable access to the Company or its agents for the purpose of inspection and maintenance of equipment owned by the Company or its agents.
 
2.13.4  For noncompliance with or violation of Commission regulations or the Company’s rules and regulations on file with the Commission, provided five days written notice is given before termination.
 
2.13.5  For nonpayment of bills, upon five (5) working days written notice to the Customer.
 
2.13.6  Without notice, in the event that Customer or authorized user's use of equipment adversely affects the Company’s or Carriers equipment or the Company’s service to others.
 
2.13.7  Without notice, in the event of tampering with equipment or services provided by the Company or its agents.
 
2.13.8  Without notice, in the event of unauthorized or fraudulent use of service or suspected fraudulent use of service.  Whenever service is discontinued for fraudulent use of service, the Company may, before restoring service, require the Customer to make, at his or her own expense, all changes in facilities or equipment necessary to eliminate illegal use and to pay to Company an amount reasonably estimated as the loss in revenues resulting from such fraudulent use.
 
2.13.9  Without notice by reason of any order or decision of a court or other government authority having jurisdiction which prohibits the Company from furnishing such services.
 
2.13.10  For extended periods of Customer inactivity.
 
2.13.11  Without notice if pre-set credit limits are exceeded.

2.14     Interruption of Service

Credit allowances for interruptions of service which are not due to the Carrier's testing or adjusting, to the negligence of the Customer, or to the failure of channels, equipment or communications systems provided by the Customer, are subject to the general liability provisions set forth in Section 2.4 herein.  It shall be the obligation of the Customer to notify Carrier immediately of any interruption in service for which a credit allowance is desired by Customer.  Before giving such notice, Customer shall ascertain that the trouble is not within his or her control, or is not in wiring or equipment, if any furnished by Customer and connected to Carrier's terminal.  Interruptions caused by Customer-provided or Carrier-provided automatic dialing equipment are not deemed an interruption of service as defined herein since the Customer has the option of using the long distance network via local exchange company access.

 2.15     Inspection, Testing, and Adjustment 

Upon reasonable notice, the facilities provided by the Carrier shall be made available to the Carrier for tests and adjustments as may be deemed necessary by the Carrier for maintenance.  No interruption allowance will be granted for the time during which such tests and adjustments are made.

 2.16     Tests, Pilots, Promotional Campaigns and Contests

Company may conduct special tests or pilot programs and promotions at their discretion to demonstrate the ease of use, quality of service and to promote the sale of Company’s services. Company may also waive a portion or all processing or installation fees for winners of contests and other occasional promotional events sponsored or endorsed by the Company.  From time to time, the Company may waive all processing or installation fees for a Customer.  These promotions will be filed with the FCC with specific starting and ending dates.

2.17     Cost of Collection and Repair

The Customer is responsible for any and all costs incurred in the collection of monies due the Company and/or the Carrier including, legal and accounting expenses.  Customer is also responsible for recovery costs of Carrier-provided equipment and any expenses required for repair or replacement of damaged equipment.

2.18     Late Fee

A late fee of the lesser of 1.5% monthly or the highest rate of interest allowed by law may be charged on any past due balances beginning thirty (30) days from the mailing date of the bill.

2.19     Routing of 0- and 0+ IntraLATA Calls

All 0- and 0+ intraLATA calls will be routed to the local exchange company.

3.0       DESCRIPTION OF SERVICES OFFERED

3.1       Timing of Calls

3.1.1    Long distance usage charges are based on the actual usage of Company's network services.  Company will determine that a call has been established when the called party's station answers. When the station answers is determined by hardware or software answer supervision in which the local telephone company sends a signal to Company to indicate an answer, or based upon detection of voice energy.  A call is terminated when either party hangs up.
 
3.1.2    Unless otherwise specified in this Service Schedule, calls are billed in sixty (60) second initial and sixty (60) second additional billing increments.  The usage rate is based on an initial period of sixty (60) seconds plus any additional period.  Billing will be rounded up to the nearest penny for each call.
 
3.1.3    There is no billing applied for uncompleted calls. 
 
3.1.4    The Company’s service is accessed by dialing "1".

3.2       Minimum Call Completion Rate

Customers can expect a call completion rate of not less than 96% during peak use periods for all One Plus services.  The call completion rate is calculated as the number of calls completed (including calls completed to a busy line or to a line which remains unanswered by the called party) divided by the number of calls attempted.

3.3       Service Offerings

3.3.1    One Plus Service
The Company’s One Plus Service enables a caller to complete calls throughout the Untied States.  The customer may access the service by dialing 1, plus the Numbering Plan Area (NPA) code and telephone number (Central Office (CO) code and station line).
 
3.3.2    Calling Card Service
The Company’s Calling Card Service is offered either alone or in conjunction with the One Plus Service as an optional feature.  Remote Access to One Plus Service is utilized by Customers when off the network by dialing a 1-800 number and entering an authorization code and dialing the number to which the Customers desire to be connected.
 
3.3.3    Toll Free Service
The Company’s Toll Free Service is offered in conjunction with the One Plus Service as an optional feature.  Remote Access to any of the Customer’s ring-to telephone numbers is available by dialing an assigned toll free number. 

3.4       Restoration of Service

The use and restoration of service in emergencies shall be in accordance with the priority system specified in Part 64, Subpart D of the Rules and Regulations of the FCC.

4.0       RATES

4.1       General

Domestic and international rates are set forth in 4.2.  The charges for all calls during a billing month will be totaled.  Calls are billed in sixty (60) second initial and sixty (60) second additional billing increments.  The usage rate is based on an initial period of sixty (60) seconds plus any additional period. Billing will be rounded up to the nearest penny for each call. 

4.2       Schedule of Rates

4.2.1    Domestic Rates for One Plus Service
Calls will be charged pursuant to the following rates:
 
 
                         

Call Type

Desc.

Plan
1

Plan
2

Plan
3

Plan
4

Plan
5

Plan
6

Interstate
 
Rate Per Minute, 24 Hours Per Day, Seven Days Per Week
$.25
$.15
$.059
$.09
$.15
$.099
Monthly Fee
$6.76
$5.95
$5.95
$5.95
$7.95
($5 in state of Arizona)
$7.95
($5 in state of Arizona)
           
  
4.2.2    Domestic Rates for Calling Card Service
Calls will be charged pursuant to the following rates:
24 hours per day, 7 days per week  - $.25 per minute.
 
4.2.3    International One Plus and Calling Card Service Rates
Calls will be charged pursuant to the following rates which apply 24
hours per day, 7 days per week:
 
 

4.3       Recurring Charges 

4.3.1    Directory Assistance
The following charge is assessed on a per-call basis:  $1.25.
                       
4.3.2    Public Pay Telephone Surcharge
The following charge is assessed on a per-completed call basis: $0.55
 
4.3.3    Primary Interexchange Carrier Charge (PICC)
The following charges are assessed on a monthly, per-line basis:
 

Type of Service

Plan 1

Plan 2

Plan 3

Plan 4

Plan 5

Plan 6

Primary Line Residential:

none none none none none none

Secondary Line Residential:

none none none none none none

Single-Line Business:

none none none none none none

Multi-Line Business:

$6.65
Line/Month
$4.25
Line/Month
$4.25
Line/Month
$4.25
Line/Month
$4.25
Line/Month
$4.25
Line/Month
             
4.3.4    Regulatory Assessment Fee (RAF)
The following charge is assessed on a per account, per month basis: $2.95
 
4.3.5    Billing Statement Fee (BSF)
The following charge is assessed on a per account, per month basis: $1.50