This Services Agreement (“Agreement”) governs the rates, terms and conditions for intrastate, interstate and international long distance services (“Services”) provided by SRT Communications Inc., (“Company”). Intrastate long distance service is a service involving a telephone call which both originates and terminates in the same state (also referred to as an “in-state” call). Interstate long distance service is a service involving a telephone call originating in one state and terminating in another state (also referred to as a “state-to-state” call). International long distance service is a service involving a telephone call originating in one country and terminating in another country. As used in this Agreement, “you” and “your” refer to the customer using or paying for the Service.
This Agreement incorporates by reference the rates, terms and conditions included in the SRT Communications Inc. Long Distance Rates, Terms and Conditions Document (“RTC Document”) which is available at the Company’s office at 3615 North Broadway, Minot, North Dakota 58703.
BY USING ANY SERVICES PROVIDED BY THE COMPANY, YOU ACCEPT THE RATES, TERMS AND CONDITIONS INCLUDED IN THIS AGREEMENT AND THE INCORPORATED RTC DOCUMENT AS A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY. YOU MAY TERMINATE THIS AGREEMENT AT ANY TIME BY PROVIDING NOTICE TO THE COMPANY AS PROVIDED HEREIN.
The Company has customer service representatives available between the hours of 8:00 a.m.-5:00 p.m. CST or CDT, Monday-Friday, to assist you with any questions regarding this Agreement or current Services provided to you. A Company representative can be reached during these hours by dialing 701-858-1200 or toll-free at 1-800-737-9130.
1. RATES. You agree to pay the Company for the Services at the rates and charges listed in the RTC Document. The Company will apply the rates and charges for Services provided to you as described in the RTC Document.
2. CHANGES IN RATES, TERMS AND CONDITIONS. The Company may change this Agreement, including the incorporated RTC Document, from time to time. Changes in rates, terms and conditions are effective no sooner than fifteen (15) days after the Company posts the modifications to the RTC Document on its web site The Company will also notify you of increases by bill message, bill insert or other reasonable commercial method at least fifteen (15) days prior to the effective date for the increases. Advance notice does not apply to increases in taxes and other charges described in Section 4 below. The Company may decrease rates and charges without providing advance notice. USE OF THE COMPANY’S SERVICES AFTER THE FIFTEEN (15) DAY NOTICE PERIOD SHALL BE CONSTRUED AS YOUR CONSENT TO THE CHANGED RATES, TERMS AND CONDITIONS OF THIS AGREEMENT.
3. PAYMENTS. You must pay all bills or invoices for Services from the Company on or before the due date. Terms and conditions applicable to payment are contained in the RTC Document. The RTC Document contains a late payment provision indicating that if payment is not received by the Company on the due date of the bill, a late charge of 1.50 percent per month will be applied to all amounts past due.
4. TAXES AND OTHER CHARGES. In addition to payment for Services, you must pay all taxes, fees, surcharges and other charges that the Company bills you related to Services. Taxes and surcharges will be in the amounts that federal, state and local authorities require the Company to bill you. The Company will not provide you advance notice of changes to taxes and surcharges, except as required by applicable law.
5. TERMINATION OR DENIAL OF SERVICES BY THE COMPANY. In the event of non-payment of any bill forwarded by the Company to you, the Company may, after written notice, suspend or cancel your Services. Also, the Company may, immediately and without notice to you, and without liability of any nature, temporarily deny, suspend or terminate your Services for the following reasons:
a. Should you or your agent: (i) willfully damage the Company’s equipment, interfere with use of the Company’s Services by other customers of the Company; (ii) unreasonably place capacity demands upon the Company’s facilities or Services; (iii) violate any statute or provision of law, or any rule or regulation of any state or federal regulatory agency relating to communications; or (iv) otherwise fail to comply with the provisions of this Agreement or applicable law; or
b. Should you become insolvent, the subject of any formal legal proceeding commenced in a court involving a voluntary or involuntary petition or proceeding in bankruptcy, seek protection or relief from creditors in a formal legal proceeding after a filing for such relief, or execute an assignment for the benefit of creditors; or
c. Should the Company determine that any Services provided are being used in an abusive, fraudulent or illegal manner, whether by you or your agent.
6. INDEMNIFICATION. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST THE COMPANY ARISING FROM YOU OR YOUR AGENT’S USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE THE COMPANY FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, UNLESS SUCH CLAIMS ARE BASED ON THE COMPANY’S WILLFUL MISCONDUCT. THIS PROVISION WILL CONTINUE TO APPLY AFTER THIS AGREEMENT ENDS.
7. LIMITATION OF THE COMPANY’S LIABILITY. The following provisions shall govern the extent of liability of the Company for any claims relating to Services provided by the Company:
a. The liability of the Company for damages resulting in whole or in part from mistakes, omissions, interruptions, delays, errors or other defects in the Services provided shall not exceed the Company’s billed charges for the specific call, or portion thereof, which was affected. In no event shall Company be liable to customer or third party for any toll fraud. Toll fraud is any use of customer account(s) that result in unauthorized toll charges. No other liability shall attach to the Company;
b. Neither the Company nor its officer, agents, or employees shall be liable for indirect, incidental, special or consequential damages; and
c. The Company shall not be liable for any interruption, failure or degradation of Services due in whole or in part to causes beyond the Company’s control, including, but not limited to: (i) acts of God, fires, flood or other catastrophes; (ii) any law, order, regulation, directive, action or request of any instrumentality of the United States Government, or of any foreign, state or local government; (iii) any national emergency, insurrection, riot, war, strike or labor difficulty; (iv) any act or omission by any unrelated carrier or other entity effecting the facilities or equipment over which the Company’s Services are provided; (v) any negligence by the customer or defects or failures of the customer’s equipment; and (vi) any negligent acts or omissions of third parties.
8. WARRANTIES. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE COMPANY MAKES NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. BILLING DISPUTES. If you believe you have been billed by the Company 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 at the time you notify the Company. You may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute. You must pay all non-disputed charges on the bill by the due date indicated on the bill. 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 fifteen (15) days thereafter, and if you fail to pay this amount within the time required, your account will be deemed past due, and your Services will be subject to termination under Section 5 above. Any payments you withhold pending resolution of the dispute may be subject to a late payment charge.
10. MISCELLANEOUS.
a. Entire Agreement. This Agreement (which incorporates by reference the RTC Document) constitutes the entire agreement between the Company and you 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 2 above. No written or oral statement, advertisement, or Services description not expressly contained in this Agreement will be allowed to contradict, explain, or supplement this Agreement. Neither you nor the Company is relying on any representations or statements made by the other party.
b. Notices. Notices from you to the Company must be provided as specified in this Agreement. Notice from you to the Company made by calling the Company is effective as of the date that the Company records show that the Company received your call. The Company’s notice to you under this Agreement with respect to changes in rates, terms and conditions will be provided as described in Section 2 above. The Company’s notice to you under this Agreement for matters other than changes in rates, terms and conditions will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper advertisement, postcard, letter, or call to your billed telephone number.
c. No Third Party Rights. This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
d. Captions. The captions on the paragraphs and subparagraphs of this Agreement are inserted only for the purpose of convenient reference. The captions shall not be used to construe or interpret this Agreement nor to prescribe the scope of intent of this Agreement.
e. Assignment. The Company may assign all or part of its rights or duties under this Agreement without notifying you. You may not assign this Agreement or the Services provided under this Agreement without the Company’s prior written consent.
f. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect its other provisions. This Agreement shall be construed in all respects as if such invalid or unenforceable provision was omitted.
g. Governing Law. This Agreement shall be governed by the laws of the State of North Dakota. Any court proceedings or litigation arising out of or pertaining to this Agreement shall be venued in State District Court in Ward County, North Dakota.
Rates, Terms & Conditions
1. Application of Rates, Terms and Conditions
1.1 The rates, terms and conditions contained within this Rates, Terms and Conditions Document, hereinafter referred to as “Rates, Terms and Conditions,” are applicable to the provision of Interstate Long Distance Service, International Long Distance Service and Intrastate Long Distance Service, hereinafter collectively or individually referred to as “Service”, by SRT Communications, Inc., hereinafter referred to as the “Company”, as specified herein. Service is furnished subject to the availability of facilities and subject to transmission, atmospheric and like conditions.
1.2 These Rates, Terms and Conditions are incorporated by reference in the SRT Communications, Inc. Long Distance Services Agreement. The Long Distance Services Agreement and the Rates, Terms and Conditions together comprise the rates, terms and conditions applicable to provision of Interstate Long Distance Service, International Long Distance Services and Intrastate Long Distance Services by the Company. A copy of the Long Distance Service Agreement is attached preceding the Rates, Terms and Conditions. In the event there is a conflict between terms and conditions in the Long Distance Services Agreement and the terms and conditions in the Rates, Terms and Conditions, the terms and conditions in the Long Distance Services Agreement shall apply.
1.3 By accepting Service from the Company, the Customer accepts the Long Distance Service Agreement and Rates, Terms and Conditions as a binding agreement between the Customer and the Company.
1.4 The Company may change the Long Distance Services Agreement, including the incorporated Rates, Terms and Conditions, from time to time. Changes in rates, terms and conditions are effective no sooner than fifteen (15) days after the Company posts the modifications to the Long Distance Services Agreement or Rates, Terms and Conditions on its web site. The Company will also notify Customers of increases by bill message, bill insert or other reasonable commercial method at least fifteen (15) days prior to the effective date for the increases. Advance notice does not apply to increases in taxes and other charges described in Section 4.1(d) of the Rates, Terms and Conditions. The Company may decrease rates and charges without providing advance notice. Use of the company’s services after the fifteen (15) day notice period shall be construed as Customer’s consent to the changed rates, terms and conditions of the Long Distance Service Agreement or Rates, Terms and Conditions.
1.5 The provision of such Service by the Company as set forth in these Rates, Terms and Conditions does not constitute a joint undertaking with the Customer for the furnishing of any Service.
2. Definitions
Certain terms used throughout these Rates, Terms and Conditions are defined as follows:
Access Code
A sequence of numbers that, when dialed, connect the caller to the Provider associated with that sequence.
Application for Service
A standard order form which includes all pertinent billing, technical, and other descriptive information which will enable the Company to provide the Service as required.
Business Customer
The term “Business Customer” denotes those Customers whose use of the Company’s service is primarily or substantially of a business, professional, institutional or occupational nature, or for the administration of the activities of such institutions as clubs, hospitals, schools, colleges, churches and charitable organizations.
Company
SRT Communications, Inc., unless the context indicates otherwise.
Customer
Any individual, partnership, association, trust, corporation, cooperative or governmental agency or other entity which utilizes the Services provided by the Company. A Customer, as set forth herein, is responsible for the payment of charges and for compliance with all applicable terms of the Company’s Rates, Terms and Conditions.
Customer – Provided Facilities
The term “Customer – Provided Facilities” denotes all communications facilities provided by the Customer and/or authorized user other than those provided by the Company, including but not limited to terminal equipment.
Direct Dialed Call
The term “Direct Dialed Call” denotes a domestic interstate telephone call which is automatically completed and billed to the telephone number from which the call originated without the automatic or live assistance of an operator. This includes calls forwarded by call forwarding equipment.
Domestic
Domestic points include all fifty (50) states and all U.S. territories and possessions as defined in the Communications Act of 1934, and as amended by the Telecommunications Act of 1996, and as further defined by the Federal Communications Commission in their orders.
Equal Access
Has the meaning given that term in Appendix B of the Modification of Final Judgment entered August 24, 1982, in United States v. Western Electric, Civil Action No. 82?0192 (United States District Court, District of Columbia), as amended by the Court in its orders issued prior to October 17, 1990.
FCC
The Federal Communications Commission.
International Long Distance Service
International Long Distance Service is a Long Distance Service involving a telephone call originating in one country and terminating in another country.
Interstate Long Distance Service
Interstate Long Distance Service is a Long Distance Service involving a telephone call originating in one state and terminating in another state (also referred to as a “state-to-state” call). The term “state” for purposes of Interstate Long Distance Service includes all Domestic points including all fifty (50) states and U.S. territories and possessions.
Intrastate Long Distance Service
Intrastate Long Distance Service is a Long Distance Service involving a telephone call originating and terminating in the same state (also referred to as a “in-state” call). The Company provides Intrastate Long Distance Service within the state of North Dakota.
Local Exchange Carrier (LEC)
A telephone company which furnishes local exchange services.
Long Distance Service (LDS)
The term “Long Distance Service” denotes the furnishing of station-to-station direct dial intrastate, interstate and international switched network services to the Customer for the completion of long distance voice and dial up low speed data transmissions over voice grade channel from the Company’s Points of Presence to domestic points and international points.
Other Common Carrier
The term “Other Common Carrier” denotes a common carrier, other than the Company, providing domestic or international communications service to the public.
Point of Presence
The term “Point of Presence” denotes the sites where the Company provides a network interface with facilities provided by Other Common Carriers, Local Exchange Carriers or Customers for access to the local area network. The Company’s Services are available where it has established a Point of Presence.
Rates, Terms and Conditions
Rates, Terms and Conditions refers to this document (also called Rates, Terms and Conditions Document) as a whole comprising the rates, terms and conditions applicable to the provision of Services to Customers by the Company.
Residential Customer
The term “Residential Customer” denotes those Customers whose primary use of the Company’s service is of a social and domestic nature and other use, if any, is merely incidental.
Service
The term “Service” denotes the offerings of the Company comprising Intrastate Long Distance, Interstate Long Distance Service and International Long Distance Service.
Telecommunications
The term “telecommunications” denotes transmission of voice communications or, subject to the transmission capabilities of the service, the transmission of data, facsimile, signaling, metering, or any other form of intelligence.
3. General Regulations – Interstate, Intrastate and International Long Distance Services
3.1 Service Description
The Company is a carrier providing Interstate Long Distance Service, International Long Distance Service and Intrastate Long Distance Service to Customers for their direct transmission of voice, data and other types of telecommunications within the United States and between points in the United States and international points, as described in these Rates, Terms and Conditions. With respect to Intrastate Long Distance Service, the Company’s Service is limited to calls both originating and terminating at points within the state of North Dakota.
3.2 Interconnection with Other Common Carriers
The Company reserves the right to interconnect its Services with those of any Other Common Carrier, Local Exchange Carrier, or alternate access provider of its election, and to utilize such Services concurrently with its own facilities for the provision of Services offered herein.
3.3 Undertaking of the Company
The Company undertakes to provide switched Interstate Long Distance Service, International Long Distance Service and Intrastate Long Distance Service in accordance with the terms and conditions set forth in the Long Distance Service Agreement and the Rates, Terms and Conditions.
Services are available twenty-four hours per day, seven days per week.
3.4 Use of Service
Customers are prohibited from and by their acceptance of Service agree not to use the Services furnished by the Company for any unlawful purpose or for any purpose prohibited under the provisions of any regulatory order.
3.5 Service Availability
Interstate Long Distance Service, International Long Distance Service and Intrastate Long Distance Service are available from points served by the Company in North Dakota. Interstate Long Distance Service, International Long Distance Service and Intrastate Long Distance Service are not available where the Company has not made arrangements for interconnection with the Local Exchange Carrier.
3.6 Access to Service
Where a Customer is presubscribed to the Company’s Service at a Company Point of Presence that is an Equal Access office, the Customer may use the Company’s Interstate Long Distance Service and Intrastate Long Distance Service by dialing 1+ the area code and number.
Where a Customer is presubscribed to the Company’s Service at a Company Point of Presence that is an Equal Access office, the Customer may use the Company’s International Long Distance Service by dialing 011 + the Country Code + the National Number (telephone number).
A Customer may access the Company’s Interstate Long Distance Service, Intrastate Long Distance Service and International Long Distance Service for Points of Presence served by the Company by dialing the Company’s seven-digit access code (101XXXX). Whenever the Company’s services are accessed by dialing the Company’s access code, the person or entity so accessing the Company’s services shall be treated as a Customer for all purposes of the Rates, Terms and Conditions.
3.7 Liability of the Company
The following provisions shall govern the extent of liability of the Company for any claims relating to Services provided by the Company:The liability of the Company for damages resulting in whole or in part from mistakes, omissions, interruptions, delays, errors or other defects in the Services provided shall not exceed the Company’s billed charges for the specific call, or portion thereof, which was affected. The Company has no affirmative duties to warn or protect the customer against toll fraud. No other liability shall attach to the Company;Neither the Company nor its officer, agents, or employees shall be liable for indirect, incidental, special or consequential damages; andThe Company shall not be liable for any interruption, failure or degradation of Services due in whole or in part to causes beyond the Company’s control, including, but not limited to: (i) acts of God, fires, flood or other catastrophes; (ii) any law, order, regulation, directive, action or request of any instrumentality of the United States Government, or of any foreign, state or local government; (iii) any national emergency, insurrection, riot, war, strike or labor difficulty; (iv) any act or omission by any unrelated carrier or other entity effecting the facilities or equipment over which the Company’s Services are provided; (v) any negligence by the customer or defects or failures of the customer’s equipment; and (vi) any negligent acts or omissions of third parties.
3.8 Assignment
Customer shall not assign or transfer the use of the Company’s Services except that, where there is no interruption or relocation of use, such assignment or transfer may be made to an assignee Customer, whether an individual, partnership, association or corporation, if the Company consents in writing to such assignment and provided that:
Customer of record (assignor Customer) requests such assignment or transfer in writing in accordance with paragraph (c) below: and
The new Customer (assignee Customer) notifies the Company in writing that it agrees to assume all outstanding obligations of the former Customer for use of the Company’s Services. These obligations include all outstanding indebtedness for the use of the Company’s Service. Consent to such assignment or transfer will not be unreasonably withheld.
Any permitted assignment or transfer of the Company’s Service shall not relieve or discharge any Customer from remaining jointly and severally liable with the new Customer for any obligations existing at the time of transfer or assignment.
Customer shall provide written notice to the Company at least forty-five (45) days prior to the effective date of any requested assignment or transfer. The company agrees to respond to a request to assign or transfer to another Customer within thirty (30) days of receipt of notification. All terms and provisions contained in the Rates, Terms and Conditions shall apply to any assignee or transferee.
3.9 Allowance for Interruption of Service
If, for any reason, the Service is interrupted, the Customer will only be charged for the Service that was actually used.
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4. Payment and Credit Regulations
4.1 Payment of Charges
Customer shall pay for all charges invoiced for usage of the Company’s Service hereunder. All bills are due as stated in the Customer’s bill statement.
Once Service is activated, Customer is liable for the payment of all usage charges for Services to be provided by the Company to Customer.
Charges associated with usage shall be billed in arrears.
Any applicable federal, state and local use, excise, sales or privilege taxes or similar liabilities chargeable to or against the Company as a result of the provision of the Company’s Services hereunder to Customer, shall be charged to and payable by Customer in addition to the rates indicated in the Rates, Terms and Conditions for Interstate Long Distance Service, Intrastate Long Distance Service and International Long Distance Service.
In the event the Company must employ the Services of attorneys for collection of charges due under these Rates, Terms and Conditions and any separate contract for special Services, Customer shall be liable for all costs of collection including a reasonable attorney’s fee.
4.2 Security for Payment
Authorization to Obtain Credit Information
The Company reserves the right to require all Customers to establish credit worthiness to the reasonable satisfaction of the Company. Upon application for Service, Customer shall be deemed to have authorized the Company to obtain such routine credit information and verification as the Company shall require in accordance with its then existing credit policies.
Deposit
Prior to Service activation or any permitted assignment, the Company reserves the right to require any Customer whose credit worthiness has not been established to the reasonable satisfaction of the Company to make a deposit to guarantee payment of charged. After Service activation, if Customer’s recurring charges are usage sensitive and Customer’s actual monthly usage exceeds amount being paid, a deposit or additional deposit may be required.
The total amount of any security deposit, if required by the Company, shall be a maximum of the Customer’s estimated charges for two (2) months’ service. Deposits may be applied against any bill(s) owed by Customer to the Company for Interstate Long Distance, Intrastate Long Distance and International Long Distance, to the extent that such bill(s) are unpaid more than thirty (30) days after the bill date.
After the initial thirty (30) days, a deposit will accrue interest at the rate not to exceed the rate required by state law.
A deposit will be returned by the Company under the following circumstances:
When an application for Service has been cancelled prior to Service activation, the deposit will be applied to any existing charges incurred in accordance with the provisions of the Rates, Terms and Conditions. The Company agrees to refund the excess portion of the deposit, if any, within thirty (30) days following settlement of Customer’s account. Upon the discontinuance of Service, the Company will refund Customer’s deposit to the extent that it exceeds any unpaid charges for installation and Service to Customer.
The unused portion of a deposit and accrued interest will be refunded if Customer has demonstrated its credit worthiness by paying each and every bill rendered by the Company for Service within the thirty (30) day period for each of the six (6) months following the tender of such deposit.
The refunding or crediting of Customer’s deposit and accrued interest in no way relieves Customer from complying with all terms and provisions contained in the Rates, Terms and Conditions or from tendering payments when due.
4.3 Termination or Denial of Service by the Company
In the event of non-payment of any bill forwarded by the Company to a Customer, the Company may, after written notice, suspend or cancel the Customer’s Services. Also, the Company may, immediately and without notice to Customer, and without liability of any nature, temporarily deny, suspend or terminate Customer’s Services for the following reasons:
Should Customer or Customer’s agent:
willfully damage the Company’s equipment, interfere with use of the Company’s Services by other customers of the Company;
unreasonably place capacity demands upon the Company’s facilities or Services;
violate any statute or provision of law, or any rule or regulation of any state or federal regulatory agency relating to communications; or
otherwise fail to comply with the provisions of the Rates, Terms and Conditions or applicable law; or
Should Customer become insolvent, the subject of any formal legal proceeding commenced in a court involving a voluntary or involuntary petition or proceeding in bankruptcy, seek protection or relief from creditors in a formal legal proceeding after a filing for such relief, or execute an assignment for the benefit of creditors; or
Should the Company determine that any Services provided are being used in an abusive, fraudulent or illegal manner, whether by Customer or Customer’s agent.
4.4 Customer’s Liability in the Event of Denial of Access to Service by the Company
In the event Customer’s Service is disconnected by the Company for any of the reasons stated in Section 4.3, Customer shall be liable for all unpaid charges due and owing to the Company associated with the Service. Customer’s deposit and accrued interest shall be applied to all cancellation charges applicable to the Service offering received by Customer.
4.5 Reinstitution of Service
If Customer seeks reinstitution of Service following denial of Service by the Company, Customer shall pay to the Company prior to the time Service is reinstituted (1) all accrued and unpaid charges, and (2) a deposit per Section 4, subparagraph 4.2(b)(1) in order to reinstitute Service.
4.6 Billing Disputes
If Customer believes Customer has been billed by the Company in error, Customer 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 at the time Customer notifies the Company. Customer may withhold from payment to the Company the disputed portion of any bill pending resolution of the dispute. Customer must pay all non-disputed charges on the bill by the due date indicated on the bill. The Company will notify Customer of the results of its inquiry, and either adjust the billing, issue a credit, or notify Customer that all or a portion of the disputed amount is still owed. Customer will be required to pay such amount within fifteen (15) days thereafter, and if Customer fails to pay this amount within the time required, Customer’s account will be deemed past due, and Customer’s Services will be subject to termination under Section 4.3 above. Any payments Customer withholds pending resolution of the dispute may be subject to a late payment charge.
4.7 Right to Back bill for Improper Use of the Company’s Services
Any person or entity which uses, appropriates or secures the use of Services from the Company, whether directly or indirectly, in any unlawful manner or through the providing of any misleading or false information to the Company and which use, appropriation, or securing of Services is inconsistent with the stated uses, intents and purposes of the Rates, Terms and Conditions or any restrictions, conditions, and limitations stated herein, shall be liable for an amount equal to the accrued and unpaid charges that would have been applicable to the use of the Company’s Services actually made by a Customer.
5. Interstate Long Distance Service and Intrastate Long Distance Service
5.1 Rates for Interstate Long Distance Service and Intrastate Long Distance Service
Interstate Long Distance Service and Intrastate Long Distance Service are available at the rates listed on the Company’s web site in the Long Distance section. The rates for the various offerings of the Company, including qualification requirements for individual calling plans, are listed at the Company’s web site and are incorporated by reference into the Rates, Terms and Conditions. Indications of inclusion of both Interstate Long Distance Service and Intrastate Long Distance Service in a calling plan is indicated for a calling plan by notation of “anywhere within the U.S.”, “anywhere in USA” or similar indication.
5.2 Direct Dialed Calls
Direct Dialed Calls, including Direct Dialed Interstate Long Distance Service and Direct Dialed Intrastate Long Distance Service calls are calls which are automatically completed and billed to the telephone number from which the call originated without the automatic or live assistance of an operator. This includes calls forwarded by call forwarding equipment.
5.3 Incoming Toll Free Service
Incoming Toll Free Service is a one-way inbound service originating on feature group facilities provided by the Company and terminating on a regular telephone line. This Service enables the Customer to receive calls which are toll-free to the originating party. The Customer is responsible for payment of all charges associated with calls so terminated. Rates are posted at the Long Distance section of the SRT web site.
5.4 Calculation of Billable Time
Initial and subsequent periods for all calls are billed at the same rate based on either full minute or six-second increments. Billing increments apply to call types as indicated following.
Direct Dialed (1+ Outbound) Interstate Long Distance Service and Intrastate Long Distance Service
Residential Customer Direct Dialed (1+ Outbound) calls are billed at full minute increments.
Business Customer Direct Dialed (1+ Outbound) calls are billed at six (6) second increments.
Incoming Toll Free Service Interstate Long Distance Service and Intrastate Long Distance Service
Residential Customer Toll Free Service calls are billed at six (6) second increments.
Business Customer Toll Free Service calls are billed at (6) second increments.
5.5 Call Duration
Call duration for purposes of chargeable time is determined as follows.
For Direct Dialed and Incoming Toll Free Calls, chargeable time begins when the connection is established between the calling station and the desired telephone, attendant board, or private branch exchange console.
Chargeable time ends when the connection is terminated.
Chargeable time does not include the time lost because of faults or defects in the Service.
5.6 Determination of Time of Day
In the event rates are dependent on time of day and day of the week, times are determined by the local time of the location of the rate center of the calling service point. Chargeable time for a rate period (e.g. 8AM-5PM) begins with the first stated hour (8AM) and continues to, but does not include, the second stated hour (5PM). The rate applicable at the start of chargeable time at the calling station applies to the entire call. If a call begins in one discount period and ends in another, the initial period discount applied is the discount in effect at the time the call is established. The charge for each additional minute of usage is the additional minute billing rate of the rate period in which the
6. International Long Distance Service
6.1 Rates for International Long Distance Service
International Long Distance Service is available at the rates listed on the Company’s web site in the Long Distance section. The rates for the various offerings of the Company, including qualification requirements for individual calling plans, are listed at the Company’s web site are incorporated by reference into the Rates, Terms and Conditions.
6.2 Direct Dialed
Direct Dialed International Long Distance Service Calls are calls which are automatically completed and billed to the telephone number from which the call originated without the automatic or live assistance of an operator. Rates for International Long Distance Service for Direct Dialed calls to Canada are described under the various calling plan offerings of the Company described on the web site. Rates for International Long Distance Service for Direct Dialed calls to other countries are listed under “International Rates” on the Company’s web site.
6.3 Incoming Toll Free Service
International Long Distance Incoming Toll Free Service is limited to calls originating in Canada and terminating to a Company provided Incoming Toll Free Service. This Service enables the Customer to receive calls which are toll-free to the originating party. The Customer is responsible for payment of all charges associated with calls so terminated. Rates applicable to Incoming Toll Free Service for calls from Canada and additional terms and conditions for Incoming Toll Free Service are posted at the Long Distance section of the SRT web site.
6.4 Calculation of Billable Time
Initial and subsequent periods for all calls are billed at the same rate based on either full minute or six-second increments. Billing increments apply to call types as indicated following.
Direct Dialed (1+ Outbound) International Long Distance Service
Residential Customer Direct Dialed (1+ Outbound) calls are billed at full minute increments.
Business Customer Direct Dialed (1+ Outbound) calls are billed at full minute increments.
Incoming Toll Free Service International Long Distance Service
Residential Customer Toll Free Service calls is billed at six (6) second increments.
Business Customer Toll Free Service calls are billed at six (6) second increments.
6.5 Call Duration
Call duration for purposes of chargeable time is determined as follows.
For Direct Dialed and Incoming Toll Free Calls, chargeable time begins when the connection is established between the calling station and the desired telephone, attendant board, or private branch exchange console.
Chargeable time ends when the connection is terminated.
Chargeable time does not include the time lost because of faults or defects in the Service.
6.6 Determination of Time of Day
In the event rates are dependent on time of day and day of the week, times are determined by the local time of the location of the rate center of the calling service point. Chargeable time for a rate period (e.g. 8AM-5PM) begins with the first stated hour (8AM) and continues to, but does not include, the second stated hour (5PM). The rate applicable at the start of chargeable time at the calling station applies to the entire call. If a call begins in one discount period and ends in another, the initial period discount applied is the discount in effect at the time the call is established. The charge for each additional minute of usage is the additional minute billing rate of the rate period in which the beginning of each minute occurs.
August 2, 2018