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TERMS AND CONDITIONS FOR INTERSTATE AND INTERNATIONAL LONG DISTANCE SERVICES BY CONSOLIDATED
Effective April 30, 2007, Consolidated Long Distance, Inc. (the "Company") will
provide interstate and international long distance services ("Service") between points within the
United States (for domestic long distance) and points from within the United
States to points outside of the United States (for international long distance
service) at the rates, and under the general terms and conditions
stated herein, as the rates, terms and conditions may be modified from time to
time. As used herein, "you" or "your" refers to the individual or entity using
or paying for the Service. Certain of the Services provided by the Company may
have additional terms and conditions which are in addition to those contained
herein and are noted on the page describing each rate and rate plan. USE OF THE COMPANY’S SERVICE CONSTITUTES YOUR
ACCEPTANCE OF THESE RATES, TERMS, AND CONDITIONS.
1. AVAILABILITY OF SERVICE. Subject to the availability of facilities and
subject to transmission and like conditions, Service is available for your use
twenty four (24) hours a day, seven (7) days a week. The rates for the
Service are attached hereto and are incorporated herein by reference.
2.
USE OF SERVICE. You may use the Service for any lawful purpose. Any unlawful use
of the Service is strictly prohibited and may be grounds for immediate
termination of Service by the Company.
3.
RATES AND CHANGES IN RATES, TERMS AND CONDITIONS. Current rates can be found on
Consolidated's website (www.nebnet.net) and at Consolidated Long Distance's
business office, 6900 Van Dorn, Suite 21, Lincoln, Nebraska 68506. The Company
reserves the right to make price changes for Service or changes in these terms
and conditions upon providing ten (10) day’s advance notice. The Company may
elect to provide such notice by any reasonable commercial method including, but
not limited to, a bill insert or a bill message. You agree that you will be
bound by any change in the rates, terms and conditions of the Service unless you
cancel your Service as provided for in paragraph 13 below prior to the effective
date of the change. The Company maintains updated rates, terms, and conditions
in its office located at 6900 Van Dorn, Suite 21, Lincoln, Nebraska and on its web site at
www.nebnet.net or
www.neb-sandhills.net. The terms and conditions
governing the Company's provision of intrastate long distance service are
provided in the Company's Long Distance Telecommunications Services Catalog on
file with the Nebraska Public Services Commission.
4.
LIABILITY OF THE COMPANY. The liability of the Company, if any, for
interruption, delays, or failures in transmissions ("Service Problems"), whether
caused by the negligence of the Company or otherwise, is expressly limited to
credits issued by the Company to you. No credit will exceed the charges billed
by the Company to you for the period during which the Service Problem occurred.
The Company will issue a credit
only when the Service Problem lasts more than twenty-four (24) hours. The
Company reserves the right to require you to apply for any such credit in
writing. The Company may deny your request for credit where your evidence is
inconclusive or the request for credit is otherwise unwarranted or insufficient.
In
no event is the Company liable to any person for any cost, damage or harm
whatsoever arising from: (a) your negligence or willful act: (b) the attachment
or use of any equipment or wiring by you which you use in conjunction with the
Service; (c) the use of any facilities of other carriers by the Company in
rendering the Service to you; (d) errors or omissions associated with your
telephone number or listing information provided
via directly assistance; or (e) any acts beyond the control of the Company
including, but not limited to: (1) acts of God, riots, fire, flood or other
catastrophe; or (2), any law, regulation, directive, order to request of any a
federal or state governmental authority or agency having jurisdiction over the
Company. Under no circumstances whatsoever will the Company or its officers,
agents, or employees be liable for indirect, incidental,
special, punitive, exemplary, or consequential damages.
5.
INDEMNITY. You agree to indemnify and hold harmless the Company for any
liability with respect to any and all claims and damages, of every kind
(including specifically special or consequential damages), arising from your use
of the Service. Your indemnity of the Company also extends to: (a) any claims or
damages arising out of or attributed, directly or indirectly, to Service
Problems; (b) any claims or damages of the owner
of your premises or equipment; or (c) any other third party claims and damages.
6. NO WARRANTIES. EXCEPT AS MAY BE EXPRESSLY SET FORTH HEREIN, THE COMPANY MAKES
NO WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PROVISION OF ITS SERVICES,
AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
7.
PAYMENT. You will provide the Company with your name, address and telephone
number for billing purposes. Business entities will provide the name of a
designated officer or agent. All information provided will be accurate, and the
Company has the right to access and verify credit information. Once Service is
activated, you are responsible for paying all charges associated with the
Service. Monthly Service charges are billed in advance and usage charges are
billed in arrears. All bills from the Company
are due by the 1st day of the month following the bill issuance date and are
payable at the Company's office as designated on the bill. The Company may apply
a late fee of the lesser of one percent (1%) per month or the maximum rate
permitted by law to each of your bills not paid by the due date. You are
responsible to pay all the Company's cost of collection, including bank charges
and reasonable attorneys' fees.
8.
CALCULATION OF USAGE. Charges for usage-based Service offered by the Company
begin when the connection is established. Charges are assessed in increments of
one minute, with additional seconds rounded up. Where charges for Service vary
due to time of day, time periods are defined in the Company's rate tables and
are determined by the local time of the location where you make the call. When a
call is established in
one rate period and ends in another rate period, the rates are based on the
portion of your call that occurs within each rate period.
9.
TAXES, FEES AND SURCHARGES. In addition to the charges for the Service, you are
also responsible for paying all applicable federal, state and local use, excise,
sales or privilege taxes, and all fees chargeable to or against the Company as a
result of its provision of Service to you. You are also responsible for all
universal service charge fees and other similar types of surcharges as they may
appear on your bill.
10. BILLING DISPUTES. If you believe you have been billed in error, you must
contact the Company within sixty (60) days of the date of the bill which
contains the disputed charge. Refunds or adjustments will not be issued for any
charge that is more than sixty (60) days old. You may withhold from payment to
the Company the disputed portion of any bill pending resolution of the dispute,
but all nondisputed charges are due
within the normal time period. The Company will notify you of the results of its
inquiry, and either adjust the billing, issue a credit, or notify you that all
or a portion of the disputed amount is still owed. You will be required to pay
such amount within ten (10) days thereafter, and if you fail to pay this amount
within the time required, your account will be deemed past due and unpaid. In
such event, the Company will be entitled to
terminate your Service immediately without any liability whatsoever and/or
require an additional deposit. In addition, any payments you withheld pending
resolution of the dispute may be subject to a late payment fee for the period
during which such charges remain unpaid.
11. BILLING ENTITY CONDITIONS. When billing for the Company’s Services is
performed by credit card companies or others, the payment conditions and
regulations of such companies apply, including any applicable interest and/or
late payment charges.
12. DEPOSITS. The Company reserves the right to require you to make a deposit to
guarantee payment for Service before activating Service. After your Service is
activated, if your actual monthly usage exceeds your estimated monthly usage by
more than fifty percent (50%), the Company may also require a deposit or
additional deposit.
The Company will return your deposit as follows: (a) when an application for
Service has been cancelled prior to the time that your Service is activated,
your deposit will be applied to any existing charges, and any excess portion of
the deposit, if any, will be returned by the Company within sixty (60) days
following settlement of your account; (b) upon the discontinuance of Service,
the Company will refund your deposit to the
extent that it exceeds any unpaid charges for Service provided to you; or (c)
the unused portion of a deposit will be refunded to you if you have paid each
bill rendered by the Company for Service within the prescribed period for each
of the twelve (12) months after the date the deposit was made. The refunding or
crediting of your deposit and accrued interest in no way relieves you of your
obligation to comply with all of the terms
and of this contract or from making payments when due.
13. TERMINATION OF SERVICE BY THE CUSTOMER. Upon providing the Company adequate
information as to your identity, you may terminate Service by notifying the
Company. All amounts due under the terms and conditions of the Service plan
selected are immediately due and payable.
14. TERMINATION OF SERVICE BY THE COMPANY. The Company may immediately terminate
or withhold Service to you without incurring any liability whatsoever for the
following reasons: (a) nonpayment of any sum due for Service where your charges
remain unpaid more than 7 days following written notice of nonpayment from the
Company mailed, postage prepaid, to your last known address; (b) your acts or
omissions
which constitute, in the reasonable opinion of the Company, a violation of or a
failure to comply with any term of this contract, and where such violation or
failure to comply with a term of this contract threatens to interfere with the
Company's operations or its furnishing of Service to, or the use of Service by,
another customer of the Company; (c) the implementation of any order of a court
of competent jurisdiction, or of a federal
or state regulatory authority of competent jurisdiction, prohibiting the Company
from furnishing you Service; (d) where you have failed or neglected to tender
any additional or required deposit within 10 days of demand by the Company; or
(e) where the Company reasonably deems partial or complete termination of
Service is necessary to prevent unlawful use of its Service. In the event your
Service is partially or completely terminated for any of the reasons stated
herein, you will remain responsible for all unpaid Service charges due and owing
to the Company. The Company will have the right to apply your deposit and any
accrued interest to all cancellation charges and to all associated outstanding
charges associated with your Service. If you seek reinstitution of Service
following a partial or complete termination of Service by the Company, you will
pay to the Company prior to the time Service is reinstituted: (a) all accrued
and unpaid charges; and (b) a deposit.
15. TESTING AND INSPECTIONS. Without incurring any liability whatsoever, the
Company may, at any time, interrupt the provision of Service to you in order to
perform tests and inspections to assure compliance with this contract and/or the
proper installation and operation of either your equipment and facilities or the
Company's equipment and facilities. The Company may continue such interruption
until any noncompliance or
improper equipment or facilities identified is corrected.
16. NO WAIVER. Based on the circumstances presented, the Company may waive
certain of the requirements stated herein. Such waiver will be limited to that
set of specific circumstances and will not eliminate your obligation to continue
to comply with the terms and conditions stated herein.
17. MISCELLANEOUS
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Notice. Written notice
to you shall be sent to your last known address in the Company's
records. All written notice shall be deemed given three (3) days after
such notice is postmarked.
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Choice of Law Jurisdiction. Except where federal law governs, you and the Company
agree that this contract is governed by and construed under the laws of
the State of Nebraska without regard to choice of law principals.
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Severability. If any part of
this contract is held invalid or unenforceable, the rest of this contract
shall remain in full force and effect unless the Company determined that its
obligations hereunder are materially impaired.
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Headings. Section
headings are for descriptive purposes only and are not used to interpret
this contract.
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Entire Terms and Conditions.
This contract (including any referenced documents and attachments) make up
the entire terms and conditions between you and the Company for the Service
and replace all prior written or spoken terms and conditions,
representations, promises or understandings between you and the Company.
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