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LONG DISTANCE CONSOLIDATED BILLING TERMS OF USE
The following Terms of Use is a legal contract between an individual user and Long Distance Consolidated Billing regarding the use of your website and services. Please update these guidelines according to your specific policies.
Introduction
Please read these terms of use carefully. By accessing our site or using our services, you acknowledge that you understand, agree, and are bound by these terms.
Modification of Terms
At our discretion, Long Distance Consolidated Billing may edit, add, or remove parts of this agreement. If we do make changes to these Terms of Use, we will make a reasonable effort to provide notice.
Prohibited Conduct
You are solely responsible for your conduct while on our site, and agree to abide by all laws, contracts, intellectual property and third-party rights.
Termination
Long Distance Consolidated Billing reserves the right to terminate access to our site and block future use of our services if we deem these Terms of Use have been violated.
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 website, 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.”
For the state of New York, "DPS complaint webpage www.dps.ny.gov/complaints. DPS helpline: (800) 342-3377
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)
Frequently 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: 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
SERVICE SCHEDULE
Terms & Conditions
REGULATIONS AND SCHEDULE OF CHARGES APPLICABLE TO:
Long Distance Consolidated Billing Company
4010 W. Walton Blvd, 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.
LEC (Local Exchange Company): A telephone company utility that 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
Rate Per Minute, 24/7 $0.25 $0.15 $0.059 $0.09 $0.15 $0.099
Monthly Fee $6.76 $5.00 $5.00 $5.00 $7.95 $8.95
(Monthly Fee = $5.00 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: Please call Customer Service for rates by country
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 $4.25 $4.25 $4.25 $4.25 $4.25
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