General
Service Agreement
for
Residential and Business Customers
(International
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 .... ¼¼.¼¼¼¼¼¼¼¼¼¼¼¼¼¼¼……. 1
SECTION 2 - Rules and Regulations ¼.¼¼¼¼¼¼¼¼¼¼¼…….. 2
SECTION 3 - Service Descriptions ……………...¼¼¼..¼¼¼..¼¼.. 19
Subsection 3.4 – Rates .........................................................………. 21
Subsection 3.5 – Calls to Mexico.........................................………. 32
SECTION 4 - Contract Services . ¼¼¼¼¼¼¼¼¼¼.¼¼.………... 33
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 International 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 international 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/long_distance
or call us toll-free at (573)775-4321.
2.1 Undertaking of the Company
2.1.A. Scope
The Company is a resale common carrier providing international communications services to Customers for their direct transmission of voice data and other types of telecommunications within the United States to international ports as described in this agreement.
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.
2.1.B. Use
Services provided under this agreement may be used by the Customer for any lawful telecommunications purpose for which the service is technically suited.
2.2 Limitations
2.2.A. 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. Rules and Regulations (Cont’d)
2.2 Limitations (Cont’d)
2.2.B. 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.
2.2.C. 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.
2.2.D. 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.
2.2.E. Service may not be used to aggregate the calls of multiple end users for resale, or to provision communications services for others without the specific written authorization of the Company.
2. Rules and Regulations (Cont’d)
2.2 Limitations (Cont’d)
2.2.F. Service is furnished subject to the provision that it will not be used for an unlawful purpose, and there will be no abuse or fraudulent use of the service. Abuse or fraudulent use of the service includes but is not limited to:
(a) The obtaining, or attempting to obtain, or assisting another to obtain or attempt to obtain, International Message Telecommunications Service by rearranging, tampering with, or making connection with any service components of the Company or by any trick, scheme, false representation or false credit device, or by any or through any other fraudulent means or device whatsoever with intent to avoid payment, in whole or in part, of the regular charge for such service.
(b) The use of the Company’s service for a call or calls, anonymous or otherwise, if in a manner reasonably to be expected to frighten, abuse, torment, or harass another.
(c) The use of profane or obscene language.
(d)
The use of the Company’s service in such a manner as to interfere
unreasonably with the use of service by one or more other Customers, or harm
the facilities of the Company or others.
2.2.G. In the event the Company determines, in its sole judgement, that there is fraudulent use of either the services furnished by the Company or the Company’s network, the Company will, without notice to the Customer or liability to the Company, discontinue Service and/or seek legal recourse to recover from the Customer all costs involved in enforcement of this provision.
2. Rules and Regulations (Cont’d)
2.3 Obligations of the Customer
2.3.A. The Customer shall be responsible for damages to the Company’s facilities or that of its Local Exchange Carrier(s) caused by the act or omission of the Customer, its authorized users, officers, directors, employees, agents, contractors, licensees, or invitees or any person or entity who gains access to the service of the Customer through the negligence of the Customer.
2.3.B. The Customer shall provide access to the Customer’s or Authorized User’s premises by Company personnel for inspection, repair and/or removal of any facilities or equipment of the Company on an unrestricted basis, twenty-four (24) hours per day, seven (7) days a week.
2.3.C. The Customer will guarantee the compliance by the Customer’s Authorized User(s) with all provisions of this agreement and contractual obligations between the Customer and the Company. The Customer will be liable for the acts or omissions of its Authorized User(s) relative to compliance with the provisions of this agreement.
2. Rules and Regulations (Cont’d)
2.3 Obligations of the Customer (Cont’d)
2.3.D. All Services 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 of 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.
2.4 Liability
2.4.A. 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. Rules and Regulations (Cont’d)
2.4 Liability (Cont’d)
2.4.B. 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.
2.4.C. 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. All or any portion of the Company’s service may be provided over facilities of third parties, and the Company shall not be liable to Customer or any other person, firm or entity in any respect whatsoever arising out of defects caused by or acts or omissions of any third parties.
2.4.D. 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. Rules and Regulations (Cont’d)
2.4 Liability (Cont’d)
2.4.E. 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.
2.4.F. 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, apparatus, 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.
2. Rules and Regulations (Cont’d)
2.4 Liability (Cont’d)
2.4.G. The Company shall not be liable for any direct, indirect, consequential, special, punitive damages, or for any lost profits of any kind or nature whatsoever arising out of any defects or any other cause. This warranty and these remedies are exclusive and in lieu of al other warranties or remedies, whether express, implied or statutory, including without limitation, implied warranties of merchantability and fitness for a particular purpose.
2. Rules and Regulations (Cont’d)
2.5 Billing and Payment of Services
2.5.A. 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.
2.5.B. Payment of Charges
Service shall be provided and billed for on a monthly basis. Payment is to be made to the address designated on the invoice or such other location as the Company may direct in writing from time to time. In addition to charges for the Company’s service, the Customer shall pay any applicable taxes, assessments, and/or fees resulting from services furnished by the Company.
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.
2. Rules and Regulations (Cont’d)
2.5 Billing and Payment of Services (Cont’d)
2.5.B. Payment of Charges (Cont’d)
In instances of a dispute, the Customer is required to pay the undisputed portion of the invoice in its entirety. Undisputed amounts not paid within twenty-one (21) days of the due date stated on the invoice will be considered delinquent.
2.5.C. Late Payment Fees
Payment will be due upon receipt. Commencing ten (10) days after rendition of the bill, the Company reserves the right to assess a late payment fee of 1.5% per month on any past due balance.
2.5.D. 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.
2.5.E. Accrued Charges
The Company reserves the right, under federal law, to backbill for a period of up to two (2) years for an amount equal to the accrued and unpaid charges for use of the Company’s services actually used by the Customer.
2. Rules and Regulations (Cont’d)
2.6 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.
2.7 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.
2.8 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. Rules and Regulations (Cont’d)
2.9 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 and 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.
2.10 Interconnection
2.10.A. 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 of 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.
2.10.B. Interconnection with the services of facilities of Other Common Carriers shall be under the applicable terms and conditions of this agreement.
2. Rules and Regulations (Cont’d)
2.11 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 from any of these terms and conditions.
2.12 Credit Allowances for Interruption of Service
2.12.A. 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.
2.12.B. As used in this agreement, all equipment, facilities and/or service for which the Company renders an invoice for payment are considered provided by the Company whether or not the equipment, facilities, and/or service are owned and operated by the Company, unless otherwise provided by the terms of this agreement.
2. Rules and Regulations (Cont’d)
2.12 Credit Allowances for Interruption of Service (Cont’d)
2.12.C. No credit will be allowed for failure of service or equipment due to Customer-provided facilities or any act or omission of the Customer, its Authorized User(s), officers, directors, employees, agents, contractors, licensees, or invitees or any person or entity who gains access to the service of the Customer through the negligence of the Customer.
2.12.D. 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.
2.12.E. Credit allowance time for failure of service or equipment starts when the Customer notifies the Company of the failure or when the Company has actual knowledge of the failure, and ceases when the Service has been restored and an attempt has been made to notify the Customer.
2.12.F. For purposes of credit computation, where applicable, 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. Only those portions of the service or equipment operation materially interfered with will be credited.
2. Rules and Regulations (Cont’d)
2.13 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.
2.14 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.
2.14.A. 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.
2.14.B. 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. Rules and Regulations (Cont’d)
2.14 Refusal or Discontinuance of Service by the Company (Cont’d)
2.14.C. 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.
2.14.D. 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, or 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.
2.14.E. 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.
2.14.F. 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 such numbers or codes shall result in the immediate termination of service without notice.
2. Rules and Regulations (Cont’d)
2.14 Refusal or Discontinuance of Service by the Company (Cont’d)
2.14.G. For Material Misrepresentation: Material misrepresentation of identity or other facts used to obtain service or the use of service in a manner that in the opinion of the Company constitutes fraud or abuse shall result in the immediate termination of service without notice.
2.15 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.
2.16 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.
2.16.A. 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. Rules and Regulations (Cont’d)
2.16 Use of Recording Devices (Cont’d)
2.16.B. 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.
2.16.C. The requirements of 2.17.A and 2.17.B 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.
2.17 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.
3.1 General
Steelville Long Distance Offers international direct dialed service for communications originating within the United States and terminating to international points as specified herein under the terms of this tariff.
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:
3.2.A. 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 software answer detection methods.
3.2.B. Chargeable time ends when one of the parties terminates the connection.
3.2.C. For billing purposes, the minimum billing per call is one minute. Therefore, all calls of a duration of less than sixty (60) seconds will be billed a one minute minimum.
3.2.D. For billing purposes, usage after the initial one minute minimum will be billed in additional increments of one minute. Therefore, the additional minute increments will always be rounded up to the next higher minute.
3.2.E. The charge for each call is billed to the nearest whole cent following standard rounding procedures to round the charge to the nearest whole cent. The Company will not bill for unanswered calls. When a Customer indicates that he or she was billed for an incomplete call, the Company will reasonably issue credit for the call.
3.3 Outbound Direct Dialed International Long Distance Service
3.3.A. The Company offers “011+” direct dial service available for Customer use twenty-four (24) hours a day, seven (7) days a week. Service is accessed through standard business or residential access lines. The Customer is responsible for obtaining suitable access from the Customer’s Local Exchange Carrier. All costs incurred in the installation and use of local access lines is the responsibility of the Customer.
3.3.B. Outbound Direct Dialed International Service is available at the country rates listed in Section 3.4 following.
3. Service Descriptions (Cont’d)
3.4 Country Rates
Rates by Country
Country Rate per Minute
Afghanistan 1.7396
Albania 0.6322
Algeria 0.6622
American Samoa 0.7595
Andorra 0.4470
Angola 1.0139
Auguilla 0.9133
Antarctica 0.9330
Antigua 0.6927
Argentina 0.8491
Armenia 1.2271
Aruba 0.5930
Ascension Island 1.1577
Australia 0.3167
Austria 0.3991
Azerbaijan 1.1416
Bahamas 0.3766
Bahrain 1.1229
Bangladesh 1.7910
Barbados 0.8376
Belarus 0.7539
Belgium 0.3367
3. Service Descriptions (Cont’d)
3.4 Country Rates (Cont’d)
Country Rate per Minute
Belize &n