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
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/long_distance
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 software answer detection methods.
3.2.2.
Chargeable
time ends when one of the parties terminates the connection.
3.2.3.
For
billing purposes, minimum call duration periods vary by service and are
specified by product or option in subsequent sections of this tariff.
3.2.4.
For
billing purposes, usage after the initial period varies by service and are
specified by product or option in subsequent sections of this tariff.
3.2.5.
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.
SECTION
3 – SERVICE DESCRIPTIONS (continued)
3.3.
Rate
Periods
3.3.1.
The following rate periods apply:
|
Time |
Mon |
Tue |
Wed |
Thu |
Fri |
Sat |
Sun |
|
7:00 am |
PEAK RATE PERIOD |
|
|||||
|
To |
|||||||
|
7:00 pm |
|||||||
|
7:00 pm |
OFF-PEAK RATE PERIOD |
||||||
|
To |
|||||||
|
7:00 am |
|||||||
Peak
and Off-peak times are determined by the local time of the location of the
calling service point. Chargeable
time for a rate period (e.g. 7 am to 7 pm) begins with the first stated hour (7
am) and continues to, but does not include, the second stated hour (7 pm).
Calls are billed based on the rate in effect at the day and time the call
begins. Calls that cross rate
period boundaries are billed the rate in effect at the beginning of the call for
the duration of the entire call.
3.3.2.
Holiday
Rates
Off-peak
rates apply to the following Federal observed holidays:
1.
New Year’s Day
2.
Martin Luther King’s Birthday
3.
President’s Day
4.
Memorial Day
5.
Independence Day
6.
Labor Day
7.
Columbus Day
8.
Veterans’ Day
9.
Thanksgiving Day
10.
Christmas Day
SECTION
3 – SERVICE DESCRIPTIONS (continued)
3.4.
Outbound
Direct Dialed Domestic Long Distance Service
The Company offers “1+” 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.
A number of service plans are available to the
Customer. The rates, billing
increments and other terms vary by plan and are provided in following sections.
3.4.1.
Option 1
(a)
Option 1 pricing is for domestic interstate dialed station to station,
sent paid, non-coin Long Distance Message Telecommunication Service, unless
otherwise specified in this tariff.
(b)
Option 1 rates and charges are in addition to all other rates and
charges paid by a Customer for all other Services of the LEC providing local
service.
(c)
For Option 1 billing purposes, call timing is rounded up to the next
full minute increment. Time of day
and holiday discounts apply.
3.4.2.
Reserved for Future Use
3.4.3.
Reserved for Future Use
SECTION
3 – SERVICE DESCRIPTIONS (continued)
3.5.
Inbound Toll-Free Service
The Company’s Inbound Toll-Free Service is an
800/888/877 number common-line inward telecommunications service.
Service is terminated through switched access lines.
Calls may originate from any valid exchange and terminate to a
Customer’s location without charge to the caller.
The service is available for Customer use twenty-four (24) hours a day,
seven (7) days a week.
The Company will pass on to the Customer any
pay-station surcharges imposed by a regulatory authority or pay-station
operator. For an additional charge,
customers can receive a monthly message detail listing all telephone calls
received.
3.5.1.
Inbound
Toll-Free Service rates and charges are in addition to all other rates and
charges paid by a Customer for all other Services of the LEC providing local
service.
3.5.2.
For
billing purposes, call timing is rounded up to the next full minute increment.
Time of day and holiday discounts do not apply.
3.5.3.
Reserved
for Future Use
3.5.4.
Reserved
for Future Use
SECTION
3 – SERVICE DESCRIPTIONS (continued)
3.6.
Calling Card Service
The Company’s Calling Card Service is offered
twenty-four (24) hours a day, seven (7) days a week to all valid terminating
locations. Access to Calling Card
Service is via a toll-free number. The
Customer must input a valid Authorization Code in addition to the destination
number with area code. Travel
service rates apply to calls placed to locations in the mainland United States,
Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands. The Company will pass on to the Customer any pay-station
surcharges imposed by a regulatory authority or pay-station operator.
3.6.1.
For
Calling Card Service billing purposes, call timing is rounded up to the next
full minute increment. Time of day
and holiday discounts do not apply.
3.6.2.