General Service Agreement
General Service Agreement
for Residential and Business Customers
(Interstate Long Distance)
Thank you for choosing service from Steelville Long Distance (“Company”).
PLEASE READ THIS GENERAL SERVICE AGREEMENT CAREFULLY.
This governs the relationship between you and the Company and explains, among other things, the following:
TABLE OF CONTENTS
SECTION 1 - General …….……………………………………………….. 1
SECTION 2 - Rules and Regulations ….………………………………….. 2
SECTION 3 - Service Description and Rates ……………….…………….. 17
SECTION 4 - Miscellaneous Services …………………………..………… 22
SECTION 5 - Promotion.………………………………………………….. 24
SECTION 6 - Contract Services ………………………………...………… 25
Your agreement (Agreement) with the Company consists of this General Service Agreement and the current terms of any optional calling plan, promotion, and/or authorized written communications you have received from the Company. If you have not selected an optional calling plan, all of the Company’s Basic Service(s) and Rates (described below) will apply. If you have selected —an optional calling plan, only some of the Company s Basic Service(s) and Rates will apply.
BY ENROLLING IN, USING, OR PAYING FOR COMPANY SERVICES, YOU AGREE TO THE RATES, CHARGES, AND TERMS AND CONDITIONS IN THIS AGREEMENT. IF THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, DO NOT USE THE SERVICES AND NOTIFY THE COMPANY IMMEDIATELY AT (573)775-4321.
The Company may change this Agreement at any time. Any changes to your Interstate Dial 1 rates will become effective only after the Company notifies you at least 15 days in advance of such change through one of the following means: (i) by postcard or letter; (ii) by a message with your invoice; (iii) by calling and speaking to you or by leaving a message for you; or (iv) by e-mail, with your consent. Written notice to you will be sent to your last known address as reflected in the Company’s records. Written notice is deemed received 3 days after deposit in the U.S. mail, postage prepaid, and properly addressed according to the address in the Company’s records. At a minimum, changes to any other rates, charges, or terms or conditions in the Agreement will be published in the Company’s website at least 15 days in advance of such change and will be incorporated by reference into this Agreement.
For purposes of the Agreement, “you” means the customer, defined as either (i) the person identified in the Company’s account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the service(s).
This Agreement covers your state-to-state service(s) and charges. To the extent permitted by law, this Agreement also covers the Company’s local or intrastate service(s) and charges, and the Company’s dial around service(s) and charges, where the Agreement’s provisions relating to these services and charges are not in conflict with applicable tariffs filed with state or federal agencies.
The rates and charges found in the Agreement are effective as of August 1, 2001 and are subject to change. For your most current rates and charges, the most current version of this General Service Agreement, or if you have questions about your services, please visit our website at www.steelvilletelephone.com or call us toll-free at (573)775-4321.
SECTION 2 – RULES AND REGULATIONS
2.1. Undertaking of the Company
Steelville Long Distance is a resale common carrier providing telecommunications services originating within the United States under terms of this agreement. The Company’s services and facilities are available twenty-four (24) hours per day, seven (7) days per week.
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 premises to the Company’s network.
2.2. Use
Services provided under this agreement may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited.
2.3. Limitations
2.3.1. Service is offered subject to the availability of the necessary facilities and/or equipment and subject to the provisions of this agreement. The Company may decline applications for service to or from a location where the necessary facilities or equipment are not available. The Company may discontinue furnishing service in accordance with the terms of this agreement.
2.3.2. The Company reserves the right to discontinue service when necessitated by conditions beyond its control, or when the Customer is using the service in violation of the provisions of this agreement, or in violation of the law.
2.3.3. The Company does not undertake to transmit messages, but offers the use of its facilities when available, and will not be liable for errors in transmission or for failure to establish connection.
2.3.4. The Company reserves the right to discontinue service, limit service, or to impose requirements on Customers as required to meet changing regulatory or statutory rules and standards, or when such rules and standards have an adverse material affect on the business or economic feasibility of providing service as determined by the Company in its reasonable judgement.
2.3.5. Service may not be used to aggregate the long distance communications of multiple end users for resale, or to provision communications services for others without the specific written authorization of the Company.
SECTION 2 – RULES AND REGULATIONS (continued)
2.4. Assignment or Transfer
All service provided under this agreement is directly or indirectly controlled by the Company and neither the Customer nor its Authorized Users may transfer or assign the use fo service without the express prior written consent of the Company. Such transfer or assignment shall only apply where there is no interruption of the use or location of service. All terms and conditions contained in this agreement shall apply to all such permitted transferees or assignees, as well as all conditions of service.
SECTION 2 – RULES AND REGULATIONS (continued)
2.5. Liability
2.5.1. The liability of the Company, if any, for damages resulting in whole or in part from or arising in connection with the furnishing of service under this agreement, including but not limited to mistakes, omissions, interruptions, delays, errors, defects in transmission, or failures or defects in facilities furnished by the Company in the course furnishing service or arising out of any failure to furnish service shall in no event exceed an amount of money equivalent to the proportionate charge to the Customer during which such mistakes, omissions, interruptions, delays, errors, defects in transmission occur and continue. Any such mistakes, omissions, interruptions, delays, errors, defects in transmission or service that are caused by or contributed to by the negligence or willful act of Customer, or which arise from the use of Customer-provided facilities or equipment shall not result in the imposition of any liability whatsoever upon the Company.
2.5.2. In no event shall the Company be liable for any incidental, indirect, special, or consequential damages (including list revenue or profits) of any kind whatsoever, regardless of the cause or forseeability thereof.
2.5.3. When the services or facilities of Other Common Carriers are used separately or in conjunction with the Company’s facilities or equipment in establishing connection to points not reached by the Company’s facilities or equipment, the Company shall not be liable for any act or omission of such Other Common Carriers or their agents, servants or employees.
SECTION 2 – RULES AND REGULATIONS (continued)
2.5 Liability (continued)
2.5.4. The Company shall not be liable for any failure of performance hereunder if such failure is due to any causes beyond the reasonable control of the Company. Such causes shall include, without limitation, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action, or request of the United States government or of any other government or of any civil or military authority, national emergencies, insurrections, riots, wars, strikes, lockouts, work stoppages, or other labor difficulties, supplier failures, shortages, breaches or delays, or preemption of existing service to restore service in compliance with the Commission’s Rules and Regulations.
2.5.5. The Company shall not be liable for interruptions, delays, errors, or defects in transmission, or for any injury whatsoever, caused by the Customer, the Customer’s agents, or Authorized Users, or by facilities or equipment provided by the Customer.
SECTION 2 – RULES AND REGULATIONS (continued)
2.5 Liability (continued)
2.5.6. The Customer shall indemnify, defend and hold harmless the Company (including the costs of reasonable attorney’s fees) against:
(a) Claims for libel, slander, infringement of copyright, or unauthorized use of any trademark, trade name or service mark arising our of the material, data, information, or other content transmitted over the Company’s facilities or equipment;
(b) Claims for patent infringement arising from combining or connecting the Company’s facilities or equipment with facilities, equipment, appartus, or systems of the Customer; and
(c) All other claims (including, without limitation, claims for damage to a any business or property, or injury to, of death of, any person) arising our of any act or omission of the Customer, the Customer’s agents, or Authorized Users, in connection with any service or facilities or equipment provided by the Company.
SECTION 2 – RULES AND REGULATIONS (continued)
2.6. Minimum Period
The minimum period for which services are provided and for which rates and charges are applicable is one (1) month unless otherwise specified in this agreement or by mutually agreed upon contract. When a service is discontinued prior to the expiration fo the minimum period, charges are applicable, whether the service is used or not.
2.7. Billing and Payment of Services
2.7.1. Responsibility for Charges
The Customer is responsible for payment of all charges for services, including all calls placed using any authorization code assigned to the Customer, using any direct connect facilities utilized by the Customer, and any calls using switched access facilities placed from or accepted at the Customer’s premises. If a Customer alerts the Carrier of an unauthorized person using the Customer’s authorization code, the Customer shall be excused for liability only with respect to those calls placed (by using the authorization code) after receipt by the Carrier of such notice. Charges are due when billed
2.7.2. Payment of Charges
All charges due by the Customer are payable to the Company or any agent duly authorized to receive such payments. Any objections to billed charges must be promptly reported to the Company or its billing agent. Adjustments to Customer’s bills will be made to the extent they are deemed appropriated.
SECTION 2 – RULES AND REGULATIONS (continued)
2.7 Billing and Payment of Services (continued)
2.7.3. Late Payment Fees
The Company reserves the right to assess a late payment fee of 1.5% per month on any past due balance.
2.7.4. Return Check Charge
The Company reserves the right to assess a return check charge of $20.00 whenever a check or draft presented for payment of service is not accepted by the institution upon which it is drawn.
SECTION 2 – RULES AND REGULATIONS (continued)
2.8. Deposits
The Company reserves the right to examine the credit record of the Customer. If the Customer’s financial condition is unknown or unacceptable to the Company, the Customer may be required to provide the Company with a security deposit which the Company may apply against overdue charges. The amount of the security deposit shall not exceed two month’s estimated usage, may vary with the Customer’s credit history and projected usage, and may be collected and maintained in accordance with Commission rules. The fact that a security deposit has been made in no way relieves the Customer from the prompt payment of bills upon presentation.
2.9. Advance Payments
For Customers whom the Company determines an advance payment is necessary, the Company reserves the right to collect an amount not to exceed two (2) months estimated charges as an advance payment for service. This will be applied against the next month’s charges and a new advance payment may be collected for the next month, if necessary.
SECTION 2 – RULES AND REGULATIONS (continued)
2.10. Taxes and Fees
Any applicable federal, state and local use, excise, sales, or privilege taxes and fees or similar liabilities chargeable to or against the Company as a result of the provision of the Company’s service hereunder to the Customer shall be charged to and payable by the Customer. Such taxes and fees are in addition to the rates indicated in this agreement and will be itemized separately on Customer invoices.
2.11. Terminal Equipment
The Company’s facilities and service may be used with or terminated in terminal equipment or communications systems such as a PBX, key system, single-line telephone, or pay telephone. Such terminal equipment shall be furnished an maintained at the expense of the Customer. The Customer is responsible for all costs at his or her premises, including personnel, wiring, electrical power, and the like, incurred in the use of the Company’s services. When such terminal equipment is used, the equipment shall comply with the generally accepted minimum protective criteria standards of the telecommunications industry.
SECTION 2 – RULES AND REGULATIONS (continued)
2.12. Interconnection
2.12.1. Service furnished by the Company may be interconnected with services or facilities of other authorized communications common carriers and with private systems, subject to technical limitations established by the Company. Service furnished by the Company is not part fo a joint undertaking with such Other Common Carriers or systems. The Company does not undertake to provide any special facilities, equipment, or services to enable the Customer to interconnect the facilities or the equipment of the Company with services or facilities of Other Common Carriers or with private systems.
2.12.2. Interconnection with the services of facilities of Other Common Carriers shall be under the applicable terms and conditions of this agreement and Other Common Carrier’s agreements.
2.13. Inspection, Testing and Adjustment
The Company may, upon reasonable notice, make such tests and inspections as may be necessary to determine whether the terms and conditions of this agreement are being complied with in the installation, operation or maintenance of the Customer’s or Company’s facilities or equipment. The Company may interrupt service at any time, without penalty or liability, due to the departure from or reasonable suspicion of the departure form any of these terms and conditions.
SECTION 2 – RULES AND REGULATIONS (continued)
2.14. Credit Allowances for Interruption of Service
Credit allowances for interruptions of service that are not due to the Company’s inspection or testing, to the negligence of the Customer, or to the failure of channels, equipment, and/or communications systems provided by the Customer, are subject to the general liability provisions set forth in this agreement.
It shall be the obligation of the Customer to notify the Company immediately of any interruption in service for which the a credit allowance is desired by the Customer. Before giving such notice the 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.
For purposes of credit computation, every month shall be considered to have 30 days. The Customer shall be credited for an interruption of one day (24 hours) or more at the rate of 1/30th of the monthly charge for the services affected for each day that the interruption continues.
2.15. Cancellation by the Customer
The Customer may have service discontinued upon written notice to the Company. The Company shall hold the Customer responsible for payment of all bills for service furnished until the cancellation date specified by the Customer or until the date that the written cancellation notice is received, whichever is later.
SECTION 2 – RULES AND REGULATIONS (continued)
2.16. Refusal or Discontinuance of Service by the Company
Service will continue until canceled in writing by the Customer or until discontinued by the Company as set forth below. The Company may render bills subsequent to the termination of service for charges incurred before termination.
2.16.1. For Nonpayment: The Company may discontinue service or cancel an application for service in accordance with applicable law, without incurring any liability when there is an unpaid balance for service that is more than thirty (30) days overdue. Written notice will be provided to the Customer.
2.16.2. For Returned Checks: A Customer whose check or draft is returned unpaid after two attempts at collection shall be subject to discontinuance of service in the same manner as provided for nonpayment of overdue charges.
2.16.3. For Lack of Use: The Company may discontinue service in the same manner as provided for nonpayment of overdue charges if the service has not been used for sixty (60) days.
2.16.4. For Violation of the Law or Prohibition of Service: The Customer shall be subject to discontinuance of service, without notice, for any violation of any law, rule, regulation of policy of any governmental authority having jurisdiction over the service, or by reason of any order or decision of a court or other governmental authority that prohibits the Company from furnishing such service.
SECTION 2 – RULES AND REGULATIONS (continued)
2.16 Refusal or Discontinuance of Service by the Company (continued)
2.16.5. For the Company to Comply with Regulations: The Customer shall be subject to discontinuance of service, without notice, for the Company to comply with any order or request of any governmental authority having jurisdiction.
2.16.6. For Unauthorized or Unlawful Use of Calling Cards, Debit Cards and Authorization Codes: Calling Cards, Debit Cards, and Authorization Codes are issued only by the Company to the Customer and may not be sold or otherwise distributed without the written consent of the Company. Any unauthorized or unlawful use of the such numbers or codes shall result in the immediate termination of service without notice.
2.17. Restoration of Service
If service has been discontinued for nonpayment and the Customer wishes it continued, service shall be restored at the Company’s discretion when all past due amounts are paid. If service has been discontinued for reasons other than nonpayment or as otherwise provided herein and the Customer wishes it continued, service shall be restored at the Company’s discretion when the event giving rise to the discontinuance is corrected.
SECTION 2 – RULES AND REGULATIONS (continued)
2.18. Use of Recording Devices
Customers and Authorized Users who use recording devices do so at their own risk. A Customer or Authorized User may only use a recording device if they comply with the requirements of this section and they are able to connect or disconnect the recording device, or turn the recording device on or off, at will.
2.18.1. A Customer or Authorized User may record a conversation if the Customer or Authorized User obtains written or verbal consent to the recording of all parties to the conversation prior to or at the beginning of the conversation.
2.18.2. A distinctive recorder tone must be repeated at intervals of approximately fifteen (15) seconds to alert all parties to the conversation that a recording device is being used.
2.18.3. The requirements of 2.18.1 and 2.18.2 are waived for Broadcast licensees who use a recording device to record a conversation for broadcast if all parties to the conversation are aware that the conversation will be broadcast.
2.19. Collection Costs
In the event the Company is required to initiate legal proceedings to collect any amounts due to the Company for services, equipment or facilities, or to enforce any judgement obtained against a Customer, or for enforcement of any provision of this agreement or applicable law, the Customer shall be liable for all reasonable costs incurred by Company for these purposes. Costs may include reasonable attorneys’ fees, collection agency fees or payments, and court costs. In any such proceeding, the amount of collection costs due to the Company will be determined by the Court.
SECTION 3 – SERVICE DESCRIPTIONS
3.1. General
Steelville Long Distance offers outbound long distance, in-bound 800 services, calling card, debit card and operator services for communications originating and terminating within the United States under the terms of this tariff. Rates for these services may vary by product, time of day, day of week, and/or call duration.
3.2. Timing and Duration of Calls
Billing for calls placed over the Carrier’s network is based in part on the duration of the call as follows, unless otherwise specified in this tariff.
3.2.1. Call timing begins when the called party answers the call (when two-way communication is established). Answer detection is based on standard industry hardware and so